Effectiveness of Ankle Monitor Technology

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Visit gcu. edu It's the start of another work day for the dateline team. I think we're ready to roll. Our producers are swapping tips and story ideas. He's been in jail since his conviction got overturned. The detective says this was a heartbreaking interview. What happens in his trial is what makes it a story Welcome to Dateline True Crime Weekly I'm NBC newews senior legal correspondent, Laura Jarrett filling in for Andrea Canning. It's june fourth, and here's what's on our docket Fteen years after a mother of four was stabbed to death in downtown Cleveland, her divorce attorney is now heading to trial for her murder. He knew the date, the time and the location where she was going to be when she was killed. In dateline roundup, we've got a courtroom twist in the case of an Arizona man convicted of murdering a thirty one year old woman in her own home And the latest in the trial of a San Diego County husband accused of buying magic spells before allegedly murdering his wife Prosecution witnesses say he talked about killing someone else too. Maya's brother testified that Larry once talked about hiring someone to getet the other guy. Plus, after two murder defendants removed their ankle monitors within days of each other in the same Texas county, we asked a corrections expert to give us the loowdown O whether ankle monitors even work. You can't cut it with ordinary scissors, but given enough time and the right tools, you can get them off pretty easily. But before all that, we are joined by a very special guest, my good friend and colleague, dateline anchor Lester Holt, who is here to tell us about his investigation into a crime and defendant that has transixed the country, Luigi Mangioni. Just before sunrise on december fourth, twenty twenty four, three gunshots rang out. On the sidewalk outside of the Hilton Hotel in Midtown, Manhattan notot far from our offices here at thirirty Rock The victim, fifty year old Brian Thompson, the CEO of United Healthca, one of the largest health insurance companies in the world. There are chilling new details tonight following what police say was the premeditated murder of the CEO of United Healthcare. A massive manhunt ensued. Five days later, a nine hundred eleven call came from a McDald's Hundreds of miles away in Altouona, Pennsylvania. I have a customer here that some other customers were suspicious of that he looks like the CEO shooters from New York. It was twenty six year old Luigi Mangioni. Police arrested him at the restaurant and he was extradited back to New York by helicopter to face murder charges. He's pleaded not guilty to both state charges, including second degree murder plus a federal charge of stalking I to say, this case isn't like other cases I have worked on before. Groupies have started showing up in his court appearances and posting comments online. criticizing his victim But what do we actually know about Luigi Mangioni Or Brian Thompson, for that matter, the man whose life he's accused of taking. And what does it all mean for Mangioni's upcoming trial This Friday, Lester Holt dives into some of these questions in a special dateline episode featuring the first ever interviews with some of the original investigators on the case as well as a member of Brian Thompson's inner circle. Here to tell us all about it now is Lester. Hi, Lester. Hey, Laura, great to see you. Great to talk to you too So take me back to that day of the shooting. I remember where I was in New York City. It happened just blocks from our office. But what do you remember about that day? I certainly remember the fact that it was we could walk over there in about two minutes. I remember from that day, you know we try to when we're telling these stories, we try to make sure we look through a filter of is this a national story? Is it not And we kind of held our breath for a minute. Well a person killed in Manhattan, it's happened before, But then we started getting these reports that there was this connection potentially to the health carere industry. And then that video, of course, appeared of the actual shooting taking place And it left little doubt that this was this was an ambush You have now interviewed some of the original investigators on the case who up until now have been completely mums. So they're speaking publicly now to you for the first time. Why do you think they want to talk now I think part of it's simply practical that they're no longer with the police department. They're both retired, so they're fraid to talk about it. I also think that police see this a case if everything works the way it should have in terms of the way the investigation was handled, you know quickly you know of tracking the suspect, identifying the suspect, and enlisting the public's help in this. It was quite an operation and it moved very quickly. You mentioned the security footage in this case, which is a huge piece of evidence, and one of the investigators actually took you down to the street to show you how they used The security camera footage there. What did you learn? Well, first of all, they kind of work backwards. They think that's a good way to trail someone really is to find out where they've been. And in terms of this trail of video they were able to amass, You know, the minute you step out on your door in Manhattan, you're on camera somewhere. Most people want to look forward. whereere did the guy go How did he get away? Let's find him For an investigation, sometimes the best thing to do is go backwards You were following a trail. L the opposite direction. Right. Somebody commits a crime And they just want to get out of there and they'll do whatever they can not to be tracked. Sometimes the twelve hours before that, they may not be thinking about the crime And you can't be on guard twenty se There's going to be little slip ups. And the suspect is wearing a mask in that video. Yeah, he's wearing a mask, but when he gets to a hostel up in upper Manhattan, he brings his mask down and there's his face and bang, they've got it on camera. So they have suddenly now had a face to the person they were looking for and they go to that hostel make the determination that he used a false ID with the name Rosario on it. And that of course becomes key as they follow the trail even further. And connecting the dots here, Lester, when Manioni was first questioned by police at that McDonald's five days later, he shows them a fake ID with the name Rosario on it And they found what some people have referred to as a manifesto in his backpack. Tell us about that. Yeah, his attorneys don't like the use of the word manifesto, but that is essentially the way it has been taken. It's a handwritten notes in his backpack If we looked at one of the notes, august fifteenth, he wrote The details are finally coming together. I don't feel any doubt about whether it's right or justified. I'm glad in a way that I procrastinated because it allowed me to learn more about UHC The insurance company says Menion was never a customer of theirs never had you know, it was never covered by anything there So it's still a little bit of a mystery as to to why allegedly, he chose Thompson company and that day. Someone in your episode says he's almost like a Rars shark tess, if you will. You can project whatever you want ono him and it sort of speaks to why people are attached to him. But you've done some reporting on Mioni actually is and was. What have you learned about his background? This has been the most perplexing part of this entire story in this investigation. is trying to understand who this person is, how his life intersected with Brian Thompsons What we know is that he was You know, by all accounts, a smart guy. He was also quite social, not really an outsider. He had back problems since middle school. And then he had surgery, reported feeling better and then everything kind of goes quiet But we know after all that he went off the grid for about eight months and he's not heard from. And so we are still, you know, even as you and I speak, we're still trying to understand then and trying to work that part of the story. The other piece of this is the victim has somehow been sort of subsumed into the background on this case because Mangioni has said sized sort of presence, but you spoke to someone who knew Brian Thompson Really well, a friend and a colleague named Jeff Alter. What did he tell you? Yeah, Jeff Alter, you know, he wanted to be heard. He wanted folks to know the person that he knew and lost whether you, you know have strong thoughts about the health carere system or not. this was a man that I was a family person. He was from Iowa, considered himself lucky to get into university. He had a meteoric rise at United Healthcare His friends and family miss him clearly and seeing him vilified has been quite painful. Let's listen to Jeff on that. Social media is fast and cruel. People posting smiley faces thatad Somebody was murdered. be ar me Pruel is the word you use really cruel Picly for people who knew Ban. And Laura if I can just turn this back to you a bit, what will it be like to seat a jury in a case that's gotten to so much publicity, especially in a city like New York? Could there be a world where the jury just refuses to convict because they don't see it as a murder? What do you call that jury nullification, right? Yes. Have you been going to law school you left nightly? Yeah, ye, yeah, that's exactly it So I think seating a jury in this case is going to be exceedingly omated, fascinating. It's going to take a really long time. They've been sending out questionnaires all over the district trying to get feedback from people about what their feelings are. Can they be fair? What about reporting on this trial? You've reported from that same courtroom before. I imagine it's going to be a frenzy. You know, this is a very austere courtroom, like the seats are uncomfortable Itiff and dirty and it's grimy in there. Yeah. No, it's not not pretty, but it's real, as someone once said. Well, Lester, I continue to just be so immensely interested in this case and your reporting is just terrific. And there's so much more that your team did. It's called a killing in Midtown and it airs this Friday on NBC ten PM Eastern nine PM Central, Lester, thank you so much. Terrific. takeake care Coming up other of four who was days away from divorcing her husband was brutally stabbed thirteen years ago Prosecutors say it wasn't her husband who was behind her murder. It was her divorce attorney. Insurance is not one size fits all That's why drivers have trusted progressives name your price tool for years Just tell progressive what you want to pay. And they'll show you coverage options that fit your budget Visit progressive. com to find a car insurance rate that works for you Progressive casualty inssurance Company and affiliates, prrice and coverage match limited by state law. 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In initial term only greater thanty gigabytes slow netork busy t O twenty fourth, twenty thirteen, fifty three year old Eliza Sherman got a text from her divorce attorney telling her to meet him at his office in downtown Cleveland When she arrived, someone wearing a hood and gloves appeared out of nowhere and attacked her with a knife, stabbing her nearly a dozen times. She later died at the hospital from her injuries Authorities scrambled to find out who killed Eliza and why But year after year, the case went unsolved NBC affiliate WKYC spoke to Elisa's daughter in twenty eighteen, five years after the murder. You know, the police and the prosecutor's office, they've reassured us this is not considered a cold case. They're still actively investigating it Finally, in May of twenty twenty five, the day Elisa's daughter had been waiting for arrived. At arrest in one of Cleveland's biggest cold cases, fifty one year old attorney Gregory Moore has been indicted on murder charges. Prosecutors allegeed that Elisa's own divorce attorney, Gregory Moo lured her to her death that afternoon And his alleged motive is almost impossible to believe According to prosecutors, he wasn't ready to take Eliza's divorce case to trial, so he killed her Moore has pleaded not guilty to charges including aggravated murder and kidnapping. His defense team says prosecutors have charged the wrong man. They argue someone else had more motive to want to lisea dead her estranged husband and that the twelve year delay in bringing charges has now made a fair trial impossible This week, there was a hearing in the case as both sides now continue to prepare for trial Here to bring us up to spepeed is dateline producer, Lynn Keller Lynn,s so great to have you. Hi, Laura. Lynn, this is such a fascinating and troubling case. Before we get into all of the nitty gritty though, tell us about Eliza. Who was she when all of this happened Yeah, so she has been described by friends and family as this incredibly kind and caring person. At the time of the murder in twenty thirteen, she was working as an IVF fertility nurse in a clinic in Beeachwood, which is a suburb of Cleveland. She was married to a man named Sanford, who was an ophthalmologist. They had four children, and we've spoken to a lot of people on this case and they all describe her as a devoted mother and a devoted friend. We know she was going through this divorce, tellell us what more do we know about all of that background? So she and her husband had been married for more than thirty years, but by twenty eleven, the marriage was completely falling apart. And since the murder, her daughter, Jennifer has really led the charge, you know, getting some justice for her mom. Our team spoke to her back in twenty twenty one and she described how messy and contentious the divorce was And she said that her mother was ready, finally ready to put this chapter behind her and move on. So by March of twenty thirteen She's on her way to meet her divorce attorney, Gregory Moore when she is ambushed, what do prosecutors say happened? Well Its it's very strange. So it was a Sunday when Gregory her divorce attorney wanted to meet up with her And so she agreed to go down to his in downtown Cleveland to his office And according to the indictment, Eliza and Moore had been texting back and forth about this meeting. And when she arrived, the door was locked. And so she texted M saying that she was outside And then a short time later, she sent another text, you know, she's waiting and waiting. and she said, willill you be here soon? kindind of cold? And then Moore responded, B here. So he's already now placed himself sort of the scene. I guess it's vague B here. You know, does that mean he's in his office? Does it mean he's outside? But Eliza was confused by it. and she texted back, whyy wasn't he letterting her into the building And according to prosecutors, it was during that exchange that the hooded figure approached Eliza and attacked her. So we mention Moore is arrested twelve years after this all happens. But it turns out investigators actually had their eye on him Almost from jump, right, Lyen Yeah, they did Prosecutors say that they quickly started finding inconsistencies between what Moore said about his movements that day and what the evidence showed. So Moore told investigators he was inside his office waiting for Eliza, but they say building records show Moore used his keycard to leave the office before Eliza was attacked and he didn't use it again until an hour afterwards. And they also zeroed in on him because he's the person who He knew the date, the time and the location where she was going to be when she was killed. So this was enough evidence to bring charges against him, but just not for murder. Right In twenty sixteen, three years after the murder, prosecutors charged Moore with several crimes tied to statements he made the day Eliza was killed. So Moore pleaded guilty to lying the following year, and he ended up serving six months in jail. So then what changed in these next eight years that has now resulted in Moore being charged with murder? That is one big question that we have not. we don't know the answer yet We do know that in twenty twenty one Ohio's Bureau of Criminal Investigation took over the case. And then prosecutors indicted him in twenty twenty five. And at the time, he was with his father in Texas, who was dying And they arrested him there in Texas, then they extradited him to Ohio. And then later, he was released on a two million dollars bond. So let's talk about the prosecution's alleged motive because it's pretty extraordinary to imagine a lawyer murdering a client because they're just not ready to take the case to trial, but that's the theory Yes, and it's because of Moore's history. We know that Moore had been accused of stopping court proceedings in the past Three different times he was accused of calling in bomb threats for cases when he wasn't prepared And in the end, he did end up pleading guilty to two of those. And the reason that that is important, obviously for the prosecution is because they say that Eliza's case was the same thing instead of a bomb threat though It ended up in murder And so now Moore is preparing to stand trial, but his attorneys are pushing back. and they've filed motions to have the case tossed out entirely. What is their main argument? Well, their main argument has to do with the violation of his right to a speedy trial. They assert that the prolonged investigation created substantial prejudice There was the death of key witnesses and loss of evidence, including Elisa's husband, Sanford. Right. Sanford died in twenty twenty four. So they can't question him And as we touched on earlier, there was this very messy divorce And about a year after Liza was killed daughter sued her father over assets tied to her mother's estate. and in that lawsuit There was testimony that Eliza feared for her safety and even allegations that Sanford had once, her husband, had once asked an ex cop friend about committing the perfect murder But to be clear Sanford, her husband was never charged criminally with anything related to Eliza's death. That's right. And the lead detective, the initial detective we spoke to, said that he had a pretty solid alibi. There was a video of him at a grocery store in the morning and that he had been with friends who confirmed that he was there Well, it's a super interesting case, Lyn. The trial is set to begin in September and we know you will be following every step of the way here. So thanks so much for your time, Lynn. Thank you so much It's time for a dateline roundup. We've got the latest on the trial of the San Diego County husband. Prosecutors say bought magic spells to harm his wife before allegedly killing her. And a last minute twist up ends the trial of an Arizona man convicted in a ten year old murder Plus Ankle bracelets Why do they keep failing? Looking to scale your outcomes beyond search and social Realize is Tabula's AI powered performance platform, driving incremental growth by engaging high intent users across a global network of six hundred million daily active users on premium websites. Reach and convert your audience on premium websites and placements where your customers actually spend their time. For more information and to create your account today, go to realize d. com slash podcast. Celebrate America's two hundred fiftieth birthday with a perfect night's sleep. This july fourth, save up to six hundred dollars on SRDA Perfect SleeperX mattresses and adjustable base sets with a Q four support system that helps relieve aches and back pain. Visit A SERDA retailer today Walmart shhoppers, meet the deebit card designed with you in mind. The Walmart Money card offers up to seventy five dollars cash back on purchases at Walmart each year. early direct deposit, overdraft protection, and so much more. When Walmart is your everyday store, you need a card to match. That's the Walmart Money card. Open your account today. The Walmart money card issued by green. bank member FDIC. These terms and conditions apply Visit Walmartmoneycar. com to learn more Joining me for this week's roundup is dateline field producer, Brittany Morris. Thanks so much for being here, Britneany. Hi, Laura. Thanks for having me. First up, we are heading to Maricopa County, Arizona, where we have a major update In the case of Iran Mitcham He's the Arizona man convicted just this past April of the sexual assault burglary and first degree murder of a medical sales rep named Allison Feldman. Britany, this case took ten years to get to trial. and the trial itself has now gone on for months. You have been there every step of the way. Before we get to the news, just remind us what exactly happened to Allison. Sure. Just after Valentine's Day in twenty fifteen, Allison's boyfriend came over to her house and found her lying naked in a pool of blood coveverred in bleach Allison had been sexually assaulted, violently beaten, and strangled to death The police found crucial DNA evidence at the scene that led them to Ian Mitcham, who is, according to police, a total stranger to Allison We still don't know how or why he targeted her. Now Mitcham's conviction was not the end of this long legal journey. For over a month The jury actually heard testimony from both sides on whether Mitcham should be sentenced to death for murdering Allison. The jury heard from Allison's loved ones including her mother, late father, and sister. herer father, he, devastatingly, passed away just days after giving his testimony For the defense, Ian Mitchem's brothers shared anecdotes about Ian and their lives together in hopes that it might humanize Ion to the jury. After that process ended deliberations, they started on may twenty first. But there' some news from the jury room. What was that about There was a bit of a shakeup inside the jury room. First, a juror was removed for seeking outside information to potentially inform her decision And then another juror simply failed to show up for the third day of deliberation. So the judge replaces the jurors with the alternates, but then they come back with a message to the judge. Take a listen The jury has sent out a written message that they are at an impasse. So at this time, I am declaring a mistrial just as to count one in the penalty phase only. What was the reaction in court when the judge said that? I think everyone Myself included was stunned Tottally stunned. I should remind you that we are nearly seven months into this trial. So what happens now? They're gonna just have to do the penalty phase all over again with a new jury A mistrial in a penalty phase, it does not change Mitam's conviction on any of the charges But it does mean that the prosecutors will have to decide that they can pursue that death penalty for first degree murder again or accept a sentence of life in prison. So Britany, the judge did actually move to sentencing on some of the convictions in this case that weren't part of the death penalty issue M That's right. Ian Mitcham was sentenced to three and a half years in prison for burglary. And seven years for sexual assault. And it's worth noting, Ion Mitcham, he continues to maintain his innocence. It's such a disturbing story For For our next story, we are headed to a San Diego County courourthouse Brittneany, where it's week three in the trial Of a man accused of paying spellcasters, yes, spellcasters before allegedly murdering his wife. Now the prosecution is still making its case and it is a wild feel But we want to do a little recap here thirirty nine year old mother of three Maya Milete vanished in twenty twenty one after she was last seen pulling into her Chula vista home nine months later Her husband, Larry, is arrested and charged with her murder Maya's body has never been found Brittneany, give us just the basic outline of the prosecution's case so far So Prosecutors have painted the picture of a marriage falling apart. They say Maya was having an affair with a married coworker And she had reached out to a divorce attorney. Prosecutors say Larry knew about the affair and cracked when he found out Maya was going to leave him So he killed her. Larry has pleaded not guilty and his defense team has a very different story for the jury from the state. They say there is simply no physical evidence linking Larry to this murder. And since there's no body, prosecutors can't even prove Maya is actually dead What has happened since we last talked about this case? Quite a bit, Laura. So last week, Maya's brother testified that Larry once talked about hiring someone to getet the other guy, end quote, referring to the man Maya was allegedly having an affair with He said he believed that meant killing him. Another relative, Maya's brother in law, testified Larry made similar comments to him So how did the defense handle that on cross examination Larry's defense attorneys questioned family members on why they failed to report those conversations to the police or warn Maya. So we're into week three now and the lead investigator has taken the stand. That's right. So Jesie Vicente testified this week about security camera footage collected during the investigation. Jurors were shown video from the day Maya vanished Around three PM, Maya is seen on security camera footage coming home and appearing to clean out her car. At some point, her young son comes out of the house and asks to go to the car wash with her That got a few murmurs inside the courtroom. Well, it's just such a reminder that there are young children involved in all of this. Devastatingly so, yeah So at some point, Maya leaves, and according to Vicente, her jeep is seen returning to the family home around four forty three that afternoon Prosecutors then asked whether investigators ever found footage showing Maya leaving the home again later that evening And his answer was simple No. Well certainly a fascinating case. We'll continue to see where it goes. Brittneany Morris, thank you so much Thank you, Laura For our final story this week, we wanted to do a deep dive into something that caught our attention a few weeks ago ankle monitors Back in May, we told you about this dramatic story of Lee Gilly, a thirty nine year old Houston man charged with the twenty twenty four murders of his pregnant wife, Christa Baer Gilly and their unborn child. Gilly, who pleaded not guilty to those charges, was released from jail shortly after his arrest and he's ordered to wear an ankle monitor while he's awaiting trial But on the night of may first, investigators say he cut off the ankle monitor and he fled to Italy, where he is now in custody fighting extradition back to the United States. It turns out, Gilly wasn't the only man accused of murder in Harris County, Texas to cut off his ankle monitor recently Ten days after Gilly's alleged escape thirty two year old Walter Pzos cut his monitor off too ahead of his second degree murder trial. Pzos who's pleaded not guilty is still on the run It made us wonder just how effective are ankle monitors really How often do they fail? And why? Here to help us understand it all is Joseph Russo, a researcher at the University of Denver with decades of experience in corrections technology. Joe, welcome to the show. Thank you, Laura, gllad to be with you. Joe, first off, can you just give us a sense of how many people are actually walking around with ankle monitors right now? How common is this? So ankle monitors are fairly common practice in community supervision. Some estimates are three to four hundred thousand people on ankle monitors at any particular point in time The probleblem is they're just estimates because there's no national clearing house for information on who is on electronic monitoring. That kind of blew my mind because I just imagine there being some like massive system where they're keeping track of everybody. and I would just assume that you could know exactly where everyone is at any point in time. So what are some of the typical restrictions for a person wearing an ankle monitor Yeahes, so the restrictions can vary quite a bit. It could be strictly a curfew where they have to be home at a certain hour There could be specific inclusion and exclusion zones. Inclusion zones might be they have to be at work between nine and five and can't be anywhere else. An exclusion zone might be they can't go anywhere near their victim's residence, for example. So one of the misconceptions is that it's only for like petty crimes. Legally, the Houston man we mentioned at the top here was charged with capital murder, which means he was potentially facing the death penalty if convicted. Is it surprising to you that someone accused of something so serious would be released on bond with ankle monitor Yeah, it's somewhat surprising. In many states, people who are accused of capital crimes are not eligible for a bond at all, whether with or without electronic monitoring. So I understand in Texas that is an option that judges have, but it is surprising and it's not common throughout the country. Now, the catch twenty two is that people have a presumption of innocence and people who have no previous criminal history or not a flight risk in any other way They may seem like they're eligible to be maintained in the community, but at the end of the day, it's human nature, right? When you're facing either life imprisonment or the death penalty, there's obviously a strong motivation to try to, you know escape those consequences. It also seems like the ankle monitor isn't that hard to cut off. Exactly. And in some ways, it's by design. I worked on a Nationalist of Jice standard for electronic monitoring devices Part of that standard is it must be able to be cut in certain circumstances. For example, if the person who's wearing the ankle monitor has an injury to the lower extremity and their leg is swelling up, emergency room operators need to be able to cut that device off before it becomes a hazard to that individual You can't cut it with ordinary scissors, but