1 Episode results for "Butch Casey"
UPDATE: Verdict in the Casey's Nickelodeon Murder trial | 7
"Michael Eibar is waiting anxiously outside of a courtroom in Broward County, Florida facing emotions he's experienced before in a room near by a jury is locked away trying to decide if Michael's brother Pablo Eibar is a murderer or a man wrongly accused just would be amazing to have my brother back. I lost my mother, and in a way, I lost my brother when I was very young. I have I have a picture of my mother, and my brother from that time before he got arrested next to my bed. So it'd be like getting half of your family value. You know? This is very possibly Pablo bars. Final chance to win his freedom. It's been almost a quarter century since that August day in nineteen ninety four when he was charged with murdering Bush, Casey, Sharon Anderson and Marie Rodgers now for a third time. He waits for twelve strangers to decide his fate and three families wait to find out. If they will finally see Justice served. It Saturday morning and the jury files into the courtroom, the fifth trial, and the extrordinary cases Nickelodeon murder case is about to come to an end. From the south Florida Sun-Sentinel and wondering this is a special episode of flow news, Florida, the podcast that leads you into the dark side of the sunshine state. I'm your host and mccade Austin along with reporter Rafael omega. The cases Nickelodeon murderers is the story that launched this show in early twenty eighteen if you haven't listened to episodes one through four we suggest you go back and catch up start with the episode, titled the executions the update you're about to hear will make a lot more sense. The Casey's Nickelodeon murder case has been remarkable since the moment a sheriff's deputy discovered the bloody crime scene July nineteen ninety four Butch Casey whose real name was Casimir Sikorsky was beaten and shot to death on his dining room floor next to him lay. The bodies of Sharon Anderson and Marie Rogers to twenty five year old women. He met at his nightclub cases Nickelodeon within hours of the gruesome discovery came explosive evidence, a now famous twenty two minute video recorded by a surveillance camera mounted in a high corner of which is house the camera recorded two intruders, bursting through a back door with their faces covered to conceal their identities recorded them terrorizing Butch Sharon and Marie it recorded them as they put bullets into the backs of all three, and then it recorded, what should have been a moment that made this an open and shut case with the only witnesses dead and unaware of the camera. Aim. Directly at him one of the intruders removed a t shirt that had been covering his head and expose his face to the world. But although the video led police Apollo Eibar and eventually his friend Seth panel. It was the t shirt that the unwitting intruder removed from his head that would become the key to the case that and the advances in DNA technology that expose secrets held for twenty five years in the fibers of the blue shirt found outside Bush Casey's front door and last week. That's what prosecutor Chuck Morton told the jury in Pablo Ivers murder trial. The more things change. The more their status. This case has been hard of this court system since nineteen ninety four. Much changed since then you see the right here in the courtroom. Technology, particularly is different. We see no changes technology that occurred in our lives. Tiger fords. Which was a department was place. We seem changes have been made with respect to for wizards sites. You heard all that testimony. As believes Jay. Will. So we are. But again, how do we get the more things change? The more forensic evidence has alluded. The prosecution at every step in this sprawling case. There was none during that first trial in nineteen ninety seven when Pablo and south were tried together as co-defendants that trial ended with a hung jury. There was no physical evidence. Again, two years later when Seth was back on trial after that jury found him guilty of the murders. The Florida Supreme Court decided that the evidence against him was so thin. So circumstantial that it threw out the conviction and ordered a new trial three years later. Seth's team presented a jury with new information. It had discovered trying to convince them that Seth wasn't a killer for Seth waiting. During deliberations seemed like an eternity. It was a was ten days eleven days. I think that's the longest in Florida history. Longest in US history for capital case for jury be out. I remember when they were. Reading the verdict when they say count one not guilty. You know, the first thing I'm thinking, okay. We have lesser charges on thinking. Okay. I'm not guilty. I agree murder. But then when they went to count to they said, not guilty in my my legal sense kicked in and I say hold on. And then they say count three not guilty, and I say that's murder murder murder all three counts, and I just broke down from right there. I didn't hear anything else. After twenty two years south was free. It was I mean, I was like I don't know living on a high out of this world. I couldn't go to when I got out. I couldn't go to sleep for three days. I said a nine hundred ninety seven I said, no ninety five I said Godwin one day, if I ever get found guilty, the first place, I wanna go. I wanna go to the closest church, and I wanna get down on my knees. Imprint that church on care. What time it is? And I wanna go to the beach and put my back on a palm tree. So I got out at three o'clock in the morning, and the nearest church was I think it was ninth avenue David boulevard, if you had a little bit south as a Catholic church, and I didn't care if it was Catholic Baptist Pentecost Jehovah witness. I was just I it was like forty degrees out. I was freezing. I wasn't freezing. But my friend. I was with me she was called. And I I was out there for like twenty minutes on my hands and knees, and and I was just praying, and I stopped by Dunkin donuts get some coffee, then I went to. The beach on commercial in a with a periods. And I was going to go down there by the ward at first it was pitch dark. But then I started hearing the roaring the ocean. And you know, I haven't been around something like that almost twenty years. And I was scared. I said I didn't come this far the ocean swapping up. So I stayed away from the water and win put my butt in the Gulf against a tree. And I just enjoyed it for about an hour. Pabo Eibar has faced a tougher challenge. Since the hung jury nineteen ninety seven primarily prosecutors allege that it is his face that could be seen on the video footage during the murder, but the image on the video is grainy and Pablos lawyers and supporters have insisted it's not him. It's the most important piece of evidence until now and the most controversial. Debbie is the sister of one of the murder victims. Sharon anderson. They can for years with with description of the type of grainy as though you can't make out who I look at that type until you. My sister is for how can anyone who knows? How far look at that. And say that that's not him. So yeah, it's angering I can't tell you how many people who know be known me all these years who, of course, will ask and they will always say to me how can it be that the entire homicide? And you guys still don't have any very frustrating to explain that to people because even with all of your legal exposure. Because I thought of starting at this point even with everything I understand about the case it is. Maddening to watch it and what someone with nothing on his face. Until your sister and have that piece of very long evidence bequest, and there are people who kill and rob and seven eleven videos who trials all. Fix. Evidence against Pablo was strong enough to convince a second jury that it was indeed his face on the video. He was convicted and sentenced to death. But for the second time in the cases, Nickelodeon murder case, the Florida Supreme Court stepped in and threw out the conviction. This time they ruled up Pablo hadn't received an adequate defense from his lawyer who was ill during the trial. Pablo would face his third jury. But this time a tactic used by his defense years. Earlier would come back to haunt him. With nothing to lose before his trial and twenty ten Pablo. Eibar team took a gamble. They sent the blue t shirt found at the crime scene to a forensics lab in Virginia. They were hoping to find DNA on the shirt that could pin the murders another potential suspect. But the results were negative and the T shirt went into storage since then a new prosecutor Williamson Claire has been working to convict Pablo. And he had a thought about the t shirt Pablo had attested for another suspects DNA, but had the lab ever tested the t shirt against Pablo's own DNA. It had not Sinclair ordered the test. And this time the news was bad for Pablo. The results of the new test showed that Pablo was a major contributor to the personally recovered DNA the probability that it was a different Caucasian man was one in eleven million. The odds shrank to about one in thirty five million among Hispanic men, the momentum shit. Shifted from the defense to the prosecution. Suddenly the controversial grainy video wasn't the most important piece of evidence against Pablo. Ibar jury selection began October first twenty eighteen and by thanksgiving, it was complete. The courtroom is packed on the opening day of the trial. Eibar wife brother and father are joined by other family members with them as a delegation of senators from Spain where I bar has become a celebrity among opponents of the death penalty. One Senator rows of in del of Madrid says, quote, we are not here to say he is innocent. We are here as opponents of the death penalty. We don't want his life to be at risk. We want a fair trial the group from Spain has raised more than one million dollars for Pablo's. Current defense on the other side of the courtroom is a single row of just four people which Casey's daughter Alexis who is now thirty five years old Marie rudders mother, Margaret and brother Karim and a Representative from the victim's advocate office, which helps family members understand the legal process during murder trials. Deb buoy. Sharon sister sat through all of the previous trials. But now lives in central Florida with her children and isn't at the trial. Their mother Barbara Jones died in twenty seventeen prosecutor Williamson Claire opens the case against Pablo by highlighting his newest weapon. The DNA publish DNA was on the t shirt Sinclair tells the jury so is the DNA of Sharon Anderson, one of the murder victims this proves it Sinclair says Eibar is one of the killers. The DNA evidence on the t shirt is damaging for Pablo and his lawyers aren't hiding it at his trial. It's true. His attorney Kevin Kulik tells the jury Pablo's DNA is on the shirt, and so a Sharon Anderson's, but he says there was someone else's DNA in the fibers to unknown number one. That's what Kulik called him the source of the DNA hasn't been identified. But Kulik tells the jury that DNA belongs to the real killer. Defense lawyers argued that the murder investigation has been tainted by misconduct almost from the start. And there's at least one person out there that police knew about but never pursued. He walked into the Broward sheriff's office after the murders and claimed responsibility for taking Bush Casey's Mercedes from his house and driving it seventy miles north to Palm Beach county where he said on fire near the Florida Everglades. Seth panel says he discovered notation of the alleged confession in police files while he was appealing his conviction on death row two days after the murders. I I wasn't even a suspect. Mr. Eibar wasn't even a suspect. When you have a gentleman at walks into brow sheriff's office, and this guy confesses says, yeah, I burnt the car. My boss told me to do it. How does not arrest him immediately for grand theft auto possession of stolen property doesn't make sense in. Why they don't call West Palm Beach shares office. Hey, we got the guy will blue car. In your county. You arrest them? Then I'm not here. Mr. Eibar is not here that could have been the murderer. But what happens BSO less mango less than twenty four hours later. He's dead. The man's name was Johnny McGill. He was shot to death outside a Miami strip club the day after he gave his brief statement to a deputy. He's in front of a club. They asked him to come out. They kill them co. But that's for me. A lot of answers are in a lot of questions. Don't get answered. Nobody wants to answer these questions whenever you let somebody that confesses to the murder. He dies later. I mean, there's a lot on answer questions here. Prosecutors say that false. Confessions are not uncommon in high profile murder cases by the time. The witnesses statement came to light investigators were already confident they had the right men in custody. The idea of south testifying and Pablos current trial was a potential problem for both the prosecution and the defense he was on the witness list for both sides and his first appearance in the courtroom early in the trial caused waves. The first day of the trial is already dramatic as the testimony draws to a close Broward, Circuit Judge. Dennis Bailey calls the attorneys to the front of the courtroom. And the jury sent out. Judge Bailey tells the lawyers he had been observing the jury during the testimony of an early witness and noticed one of the jurors had fallen asleep. The sleepy juror has to go. Judge Bailey says and the prosecutors and defense lawyers agree just hours into the trial and one of the carefully chosen. Jurors has already been dismissed. On day two of the trial the courtroom. Theatrics continue as a police. Witnesses testifying the courtroom doors open and a bald stocky man with wire framed glasses walks in and takes a seat in the second row directly across from the families of the victims. It takes no time at all for court deputies to recognize that Panella and for the judge to immediately order him to leave the courtroom. The law is clear anyone who was a witness in a criminal case cannot watch the proceedings until after they are called to the stand and Seth was a potential witness for both sides. He was not welcome in the courtroom when prosecutors sat him down for a deposition in twenty eighteen Seth declined to answer their questions pleading his fifth amendment right against self-incrimination. But when judge Bailey ordered him out of the courtroom Panella was anything. But silent I was thinking that I could go in there. And just and listen, you know, because. I was opposed to start my trying to and I found some evidence that week before my trial was going to begin. And it totally turned his case around. So may seeing everything that was that was hidden and not revealed and lied about. I wanted to come in and see are they doing the same exact thing? But they wouldn't let me come in. Because I think they know that the prosecution knows that I do have very valuable insight into this case because I lived in breathe it for eighteen and a half years and instead of buying cupcakes. Cookies Honey buns by law books. You know? And I understand it. I understand the law. And I I just wanted to come in there and see for myself. It was if it was going to be the same. And I just wanted to see it from the other side because I was on the on his side, Mr. bar side CNN I just wanted to see how they were operating. This are walked in. I sat down next thing. You know, deputy got up made a big scene in front of the jury. He's like, hey, hey, you gotta go. You gotta go. I mean, these are professionals. They've been doing this a long time. That's a no, no. We know how to go side bar. We know how to. Not to get the jury out. But again, it's the game within the game. You know, I gotta believe that Jesus. Some of these bailiffs been here thirty plus years. They know not to call the scene if they tell everybody before trial not to call the wider day. And you know, they have pictures, you know, they they had a picture of me outside of the door for you know, of any bail of sees me or any armed guards. He's me don't let me in like what what did I do like, I'm medicines. I had I've never caused a problem this courtroom. I never ran. I never threaten anybody. They don't want. The jury to see the truth. They wanna see, you know, they don't want the jury to see me free. Because then what it does is make make people doubt. Doubt the state's theories. So the the bail of told me to go, and I mean, I know I know my rights this is a public court. This is anybody from the pub who come in found not guilty. I wanted to stay in there, and I didn't wanna leave. I wanted an explanation. Why am I being tossed out? So the judge asked the jury leave. The judge asked me leave. And I asked him why? And judge then told me you're on the defense, you're on the state's witnesses and the defense witness list, and you're not allowed legal legally to be in the courtroom because your witness. I said I I mean, I understand the legal the legal delete will block that was put up by state. I understood that, but I still wanted to object for the record because I believe I should be able to be in there. I believe it was a tactic by the state, and I told that to the judge I explained that to him. And he let me know that you're you're. Your objection is noted for the record. And I did tell them, you know, I did make make a statement. You know, you guys don't want to jury see the truth. You guys don't wanna know that Mr. Chuck Morton frame me and hid evidence, and nobody wants the truth here. He asked me to leave. And then I respectfully left. The courtroom drama of the first two days is over and the trial settles into day after day of gritty testimony on day three of the trial. Jurors finally see the grainy video footage that until the DNA discovery was the prosecution's most damaging evidence against Pablo. The brutal scene plays out in front of the court, including enhanced still images of the moment. One of the intruders were veal's his face to the camera later, an assistant medical examiner walks. The jury through the horrifying fatal injuries to Butch Sharon and Marie Murray's mother. Margaret looked straight down as autopsy photos of her slain daughter are displayed on an overhead projector, which is daughter who was ten at the time of the murders. Takes in the testimony and images betraying. No emotion. Then the DNA evidence is shown to the jury whom in a seer an analyst at the Virginia lab that did the testing explains the results that show Pablo's DNA on the t shirt. But Pablo's defense pushes back suggesting that the results could have been tainted by cross contamination touch DNA is after all a new technology and the evidence being tested is decades old. The new DNA result are damning. But if the jury can be given a solid reason to question them Pablo Mamie that much closer to freedom. The defense just needs to present the jury with reasonable doubt. Then the defense tries a tactic that sat panel for us during his retrial, the one that led to his acquittal they go after the surveillance video that all those years ago seemed to show a grainy out of focus Pablo Eibar at the murder scene in early January, rare Evans takes the stand. He's a facial recognition expert from the United Kingdom hired by bars defense team to examine images made from the video Evans tells jurors that a careful comparison of Pablo's features to the man seen on the images proved conclusively in his opinion that they were not the same. Person. Prosecutors for the state of Florida emphasized that the facial recognition expert was offering his opinion. And it was they say a personal opinion rather than a professional won the state even counters with its own expert who concludes that it's impossible to be sure. Whether or not it was Pablo Eibar on the video. In fact, prosecutor Morton argues, it doesn't matter after seven weeks of testimony. What really matters is the forensic evidence. Pablo Eibar left his tee-shirt behind at the murder scene. Worn says, that's the entire case published lawyers repeatedly attacked the DNA results reminding the jury that the evidence could have been contaminated and possibly even manipulated and they make a more emotional plea. It was after all Pablo Eibar who requested the DNA tests on the T shirt eight years earlier, if he was the killer, why would he want investigators to keep looking at such a significant piece of evidence, quote, only an? Isn't person someone who knew he had nothing to lose. What have even considered testing that shirt? Again, Pablo's lawyer tells the jury prosecutor Morton pounces he reminds the jury that Pablo never ask the lab to test the short against his own DNA. It was the state of Florida that made that request who was right. And what did it all add up to that would have to be for the jury to decide at the end of the day on January sixteenth closing statements end. Judge Bailey gives his instructions to the jury and orders them to begin deliberations sequestered behind closed doors. They work for an hour before breaking for the night. The real waiting will begin the next day and for both sides. It's an excruciating day. My name is Tania Eibar I have been married to public for twenty years. This is not it's not easy. I think this is alternately the hardest part of all of this is the waiting now. Again, you this has been given to twelve people. And now you have to wait for them to make a decision, and that is just very unsettling. Tanya was Paulos girlfriend at the time of the murder and has steadfastly supported his innocence. It's obviously been very difficult not anything that. I when I thought about having my future. And you know, when you're kidding, you think about you know, I'm going to be married to this person. You know, we're going to have this, obviously, this was not in my plan of books, but it's this has been very difficult. But aside from that I've had obviously a lot of support. And I think just in general and myself, I tried to remain very positive and try to save ERI strong. So you know, my life is definitely been far from easy. If anything it's it this situation is just a. Very difficult situation. There's so much that, you know, you miss out on there so much that, you know, the average of what people are doing on the weekends, and, you know, enjoying family. We're going on vacations and things like that that you do with your spouse. Obviously, I I don't do those things, you know, I've done a lot of going to the prison visiting public prison, which is not the way you really want to spend your weekend. Seth panel knows what it's like to wait for a jury. He's done it three times before. In the cases, Nickelodeon murder case, it's gut wrenching. He can't eat. It's hard to sleep. Even though you don't get much sleep. It's just, you know, you try to think positive, but it's you know, you you don't know which way you'll never know which way Jerry speaking, I went through three jury trials when you think, you know, you're it's totally opposite. So I kind of gave up on trying to think where the jury is. And you know, you look at it be an innocent person. And having been convicted before and knowing where he's at sitting there, you know, being innocent man, I understand what he's feeling what he's going through like Mike gonna go back to it. I, you know, you know, you look at the numbers I was twenty one. And I mean, he's probably forty five forty six also and it took him from two thousand six until what two thousand nineteen thirteen what almost thirteen years. To get another shot. So it's like, you know, you don't got too many more left in you when you're forty five, you know, the pill pellet processes long drawn out. So you wanna go home, and it hurts your anxiety everything. Dieties were being felt on both sides. Debbie says sitting in waiting for a jury is breathtaking never know what you're going through the five and gosh, offend five six miles and every one of them have been different though, you never know. Right. And you why you help because if you've been in the states or long as I had everything that I have learned that the jury has never been told. And that's the thing. But it is talented when you're the family member, and you have been sitting in Florence and listening to tech on the outside. The jury to know that jewelry will not know them of those things really and insta- liberations. The jury asks to hear the DNA testimony again, it takes the entire morning of Friday January eighteenth. As the waiting resumes, the Aries abound. What was the jury listening for brother? Michael Eibar wonders where they try to convince a hold out to convict or to acquit. What were they discussing the deliberations room at six PM Friday? The jury sent a note to the judge they're done for the day. They want to return to the hotel where they have been sequestered since deliberations began. It could mean that they reached a decision and want to sleep on it. It could mean they're split and tired of arguing it could mean anything deliberations resume Saturday morning, but not for long less than an hour into the day. The jury sent a note to the judge they have reached a verdict. Charlie three to spot in the circuit court in the seventeenth traditional circuit in our county, Florida is ninety four one zero six to CF ten being just dynasty bailing state afford or find a hearses manual environment Bennett. Verdict count line. We the jury five fouls as to count one charging document Bennett is guilty of murder in a I agree as charging charging so cereal's nineteen January to us nineteen at four Arto rally more quarters. Counting ring carry FIS as follows. Document. Martorana. I agree as talks to jogging. So say we all. Or to customer oil, Florida, horrors. Count. Reach five is followed as to count three alleging charging document healty degree in charge. Charging documents sociale stating that does nineteen horn Arar county Simon over. The jury finds Pablo Eibar guilty on all three counts of murder and the cases Nickelodeon case as he is handcuffed by a deputy Pablo. Shakes his head in frustration later. One of his attorneys Benjamin Waxman expressed his disappointment. So disappointed with the verdicts. With with. I thought I talk with my wife all the way here. I thought about all of the different circumstances. And I really I really thought it was going to go away. And it's just been this long journey, and you know, I just feel like if the journey wasn't to find Pablo not guilty to finally bring Justice to him. Then why why why did why did in the order of the world wide? Why did we go through? The conviction of Pablo Eibar brings to an end nearly twenty five year long nightmare for Debbie. Allen ca maintain offense a sanity and a faithful this position then really challenging to to have to go to not just be insult of having repeatedly go through the legal system. But the injury of within this family my twin tire country right money from their government town moralize about someone is though he is some angel that was mistakenly picked off the streets and south Florida. That's angering I don't know in my situation would be angry. Weeks the same jury that convicted Pablo of murdering Sharon Anderson, Marie Rogers and Butch Casey. We'll have to decide unanimously if he should be put to death for the crime, Deb says she'll be there to tell the jury about the sister. She lost on investing. I do with heart. I don't have a grip on going back this. But I'm talking to ride it out that I could get through it. But yeah, I think the very least that I do is an opportunity to him the martyr end the jury because he held my sisters and destroyed so much in my own family. Certainly my mom vets with hastened by this you had three forms of cancer. When she died, the stress is I can't put into work so at the title and court. There really isn't you know, people I think when a package take up and say, oh, they finally have closure or maybe they can have Pete. And it's plenty five years later. Can you really that? No. You can't the only thing you can be thankful for is that it seems like it is something end and that individual will never ever ever be free on the street again. So rack had did he and disaster someone else's fight? The only great that's been is that I have a beautiful family at Houston gives me a reason to everyday tell another story about my sister, someone who they never met and to look for ways and enjoy you know, my mind life, right that in sort of abuse heart into see my kids has a has a vest Bali back in the live them. But but there there's there's there's poetic would've at the end of this for anybody. Flown is Florida will keep following Pablo. Ibar case including his sentencing next month. Follow us on social media and your Email to our newsletter felonious, Florida dot com to get updates. Thank you for listening to this special episode of colonial Florida. If you've enjoyed the show, please give us a five star rating on apple podcasts and be sure to tell your friends about our show. It's available online at bologna, Florida dot com. Apple podcasts one dot com or wherever you listen to podcasts. You can read more about the cases, Nickelodeon murders, and the other cases, we've covered including photos and videos at felonious, Florida dot com and be sure to follow us on Facebook, Twitter and Instagram. The loan is Florida is produced by the south Florida, sun sentinel and one day this episode was reported by Rafael omega with previous reporting by Lisa Arthur, and I'm your host and sound designer and the Kate Austen. Our producers are David shoots and one Ortega editing ranchera Guskey sound direction by Sean pits with additional recordings by Carleen Jean unlock. Keta pay. The felonious Florida team includes Iran zoo, Danny Sanchez, and Dana banker.