Landing on a crowded beach this kids fourth of july got a lot less celebratory. By thought nick died. Tonight hes speaking out exclusively to us about why hes still smiling. I just want to thank them for i guess saving my life. First, the nightline 5. Shop for a cause. Saturday at macys. Give 5 to the march of dimes and save an extra 30 all day on regular sale and clearance items. Even most brands usually excluded. Shop for a cause saturday at macys. When salonpas began in japan in 1934 a single patch created the category of pain relief. 80 years later salonpas has evolved into a complete family of pain relievers perfect for back, muscle or joint pain. Salonpas for good evening. Tonight the star prep School Student accused of rape. The jury must decide, was it a calculated sexual conquest . Was it consensual . Was there sex at all in the 19yearold once considered one of the best and brightest in his class now facing the prospect of prison. Heres abcs geo benitez. This someone saw how vulnerable a 15yearold freshman was and took advantage of it. This someone was going to get what he wanted. Reporter tonight the fate of 19yearold owen labrie is in the hands of a jury in a highprofile case of he said, she said, on the campus of one of the countrys most elite prep schools. We started to kiss. Just a little bit. Anyway, she giggled, i giggled. Reporter it was a make or break decision to take the stand, testifying in his own defense, accused of raping a 15yearold schoolmate last year. Their encounter a socalled senior salute where a graduating senior spends time with a younger student, sometimes intimately. Why did you send her a senior salute on the eve of your leaving the high school . I wanted to ask her out. Did you want to get together with her . Yeah. Reporter with his accuser sitting in the front row watching him, labrie describes taking her to the schools math and science building, seen here in a st. Pauls school promotional video, and laying down a blanket together. The situation got more intimate. Did she indicate at any time that she was uncomfortable . No. Reporter labrie says they were kissing and rolling around but he had a change of heart and decided not to have sex with her. I thought to myself, you know, maybe we shouldnt do this. It hadnt been my intention going into the night to have sex. Reporter the prosecutor wasnt buying you want all these people here to believe that after all that time spent thinking about her and having foreplay, that you just stopped . I didnt just stop. We kissed more afterwards. But i didnt have sex with her. Reporter labrie admits he bragged to friends that he did have sex with the girl. He told me that he had sex with [ muted ]. Reporter saying in one facebook message he used every trick in the book. It was a joke. But today its a lie . Yes, it is a lie. You know. I wanted to boast to my friends afterwards. Reporter a lie, he says, part of 119 Facebook Messages that he deleted from his account after police first contacted him. Whats interesting here is the whole defense rests on the theory, the assertion, that owen labrie did not have sex, consensual or forced, with the girl. If that can be disproved the whole defense fails. Reporter his accuser, now 16, took the stand has it week giving her account of what happened the night she says ended in rape. Were disguising her voice due to the nature of the alleged crime. He took your pants off . Right . Yes, i did. You helped him do that, didnt you . I lifted my hips up to make it easier for him, yes. Reporter labries accuser said she had initially turned down his invitation that night, then agreed on one condition. Yes, only if its our little secret. What did you mean by that, only if its our little secret . I didnt want him boasting to his friends. Reporter so she went to meet him but says at the moment of truth that she wanted him to stop. I didnt kick or scream or really push. But i did say no. I said no three times. Reporter she broke down in court when challenged by labries attorney. Why were you cloudy . I was raped. I was violated in so many ways. Consent is always tricky in cases like this. But here you have a freshman girl and a senior boy. You have a young girl whos looking up to this boy, who wants his attention, who sees him as somewhat socially superior to her. So is she really capable of giving consent when theres such a power differential between them . Reporter the details of the testimony, critical. Raising questions not only about consent but about the culture at the 50,000 a year prep school they both attended. Labrie there as a harvardbound scholarship student. His friend taking the stand to describe what other students typically do during a senior salute. They would get together and they could, you know, spend some time together that could involve kissing or more than that sexually. But not necessarily. Reporter prosecutors alleging labrie told his friends he wanted to slay his accuser. The word slay could mean anything between kissing and having sex, correct . Yes. And you said you at least wanted to slay her, correct . Yeah. As i mentioned. I was fond of [ muted ]. I often talked about my affection with her with my friends. Reporter labrie was the only witness for the defense. But the cross examination of the school nurse, who the alleged victim visited two days after the rape, may have helped his case. She told you there had been an encounter . Correct. You asked her specifically if it was consensual . I did. She told you, yes, it was consensual . She did. Does it hurt the prosecution this young girl didnt tell anyone immediately there was a rape . It hurts very, very much. It hurts. The prosecution has to explain that away. Reporter another factor in this case, friendly messages sent right after the alleged rape. Labrie writing, youre an angel. She replies, youre quite an angel yourself. Is this someone who was unwilling . The messages between them are arguably the most important evidence for the defense in this case. The defense is basically saying, look at these messages. Are you really going to convict beyond a reasonable doubt a guy who was exchanging messages like this with her . After the fact . Reporter labries attorney claims the girl made up the rape charge to protect herself when the high school rumors started. She had to make the decision whether it would be her reputation that was going to go into the toilet or owens. And she took the easier choice. Reporter labrie faces nine criminal counts, three of them felony Sexual Assault charges, each carrying up to 20 years in prison. There are a lot of charges here. This is not a simple case. And you could end up with a real divide on that jury. Reporter in closing arguments today labries defense attorney placed blame on the faculty of the elite New Hampshire school for turning a blind eye to the senior salute. The idea that you would wink at a tradition that senior salute represents is shocking. It damages children. And in this case, it damaged both [ muted ] and owen. This isnt the schools fault. This isnt the fault of the culture thats at st. Pauls school. It was the defendant who manipulated that culture to get what he wanted. Reporter after three and a half hours deliberating, still no verdict from the jury. They head right back to the courthouse in the morning. For nightline, im geo benitez in concord, New Hampshire. Up next, where are you now, elvis door ran . Over 100 pounds of him vanished. Friends like Justin Bieber showing their support for the popular radio host after his massive weight loss. Plus, the humble 12yearold who survived being hit by a plane tells us why its like totally no big deal. 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[female announcer] if the most is the staying awake part, day sleep train has your ticket to a better nights sleep. Because when brands compete, you save during mattress price wars. Save up to 400 on beautyrest and posturepedic. Get interestfree financing until 2018 on tempurpedic. Plus, helpful advice from the sleep experts. Dont miss mattress price wars at sleep train. Sleep train your ticket to a better nights sleep you know there are literally millions of morning zoo fans on tune into elvis door ran for his take on hollywood. In the snarky world of morning radio shows he stands out as one of the nice guys. So stars like katy perry, Justin Bieber, are not just friends theyre his cheerleaders at the end of a dramatic weight loss journey. Heres my nightline coanchor dan harris. Reporter heres the thing about elvis door ran. Hes a magnet for celebrities. Here he is backstage last december at the jingle ball, rubbing shoulders with stars like taylor swift, iggy azalea, and pharell. As we reported these epcounters it struck us by almost any measure elvis was on top of the world. The host of the number one most popular top 40 morning radio show in america. Happiest place on earth reporter a popin spot for the famous. Mary j. Blige reporter what none of those boldfaced names and none of his 7 million daily listeners knew was that the man who the Huffington Post called the most important radio deejay in the country was deeply insecure about something. His weight. Im not a glamorous person at all. When we are invited to glamorous events i just dont fit in. I feel so i feel really weird. Its uncomfortable. Reporter being overweight was not only exacerbating his innate shyness, it was endangering his health which is why as elvis revealed in this interview he made a major personal decision. Sounded like youve made a decision to take a big step on the health front . Yes, ive had several friends who have done it. I think im going to do it. The gastric sleeve. Ive gotten to the point where i need to get weight off. Because its just not good for me. I just want to feel better about myself. I want to feel healthy. I want to be around for a thousand more years because life is actually fantastic. Reporter then in classic elvis style he turned the subject into a body joke. I havent seen my penis can you see my penis and describe it to me . Its down this somewhere. Reporter not long after elvis went under the knife. Now eight months later nightline is coming back for a followup. How are you . Im great. Nice to see you. You too. You look amazing. Reporter hes lost 105 pounds, going from 265 to 160. The weight came off quickly. Look at his dramatic transformation during the first four months postsurgery. How do you feel . Awesome. Really . Ive got energy, im ready to mow the yard with my teeth. I will, too. Find me a yard. Last time we put in a comment about you not being able to see your back then i couldnt see my private parts. And now you cant miss them. Reporter he says his pop star friends have taken notice. Whoa really . What did you do . Katy perry on the red carpet was like, oh my god, how happy are you right now . Im so happy for you. Reporter on our most recent visit to the studio the new skinnier elvis was still drawing the big names. Oh reporter Justin Bieber stopping by for an interview that will air on the show tomorrow morning. Elvis to have my back has been awesome. Known him quite a long time now. Since my voice was way up here. Just to have his support and his love and his team to just welcome me with open arms every time has been awesome. Reporter biebers recent hit where are you now one of this summers anthems. Where are you now that i need you Justin Bieber is a talented guy. He went through a year or several years of this really negative publicity where we really took our eye off the ball, as far as how talented he really is. Hes got a lot of great music left in him. Reporter back to elvis weight. It was here in the studio that elvis realized he had a serious problem. Dr. Oz was on the show. He took my Blood Pressure on our show. About went to a break. He looked at me as if hed seen a ghost. He said, i really want to take you to the hospital right now, your Blood Pressure is beyond what a human being should have. He said, youve got to lose weight. I said, ive tried. And he said, you need to consider orts options. Reporter elvis underwent the gastric sleeve, where 85 of the stomach is taken out. Youve said several times, this is not the easy way out. What do you mean by that . Going through the procedure is a lot of needles, a lot of blood work, a lot of testing. Its a lot. And then after the procedure, you have to totally reteach yourself how to eat. I would not recommend this for anyone unless they truly had to save their life by doing it. Serious seriously. Do you think you saved your life . I definitely did. Barring a piano falling down the window walking down the street, i think ive added years to my life. Im going to be with you longer, dan. Reporter we head into his closet where all the clothes are new except these pants. Howdy do whoa. I know. It was a great tux, too. Reporter but this new life is not without its challenges. Do you miss being able to pig out . I miss being able to pig out, sometimes, absolutely. You get the munchies, want to eat a plate of chicken parm and spaghetti, you cant do it anymore. You can have a little bit. It tastes good but you want more. Reporter there is, he says, one upside. Im a cheap drunk now. I can just have one cocktail and get a little buzzy. Reporter in keeping with the spirit of his radio show where elvis first publicly revealed his sexuality, his boyfriend alex is a zookeeper, hes been very open with listeners about this health journey. Consider this. Look into and it see if its right for you. Talk to a surgeon and go, here, get rid of this, i feel like im dying, i dont feel good about myself. Dont be ashamed of it. We have many things to be ashamed of, this is not one of them. Now you have this energy, this feeling of youre in a new chapter. Any other big plans on your mind . I want to host nightline. What . Reporter seriously, he promises me hes happy doing his radio show. Life is great. Life tastes great. The colors are more colorful than ever before. I pray this happens for anyone and everyone, no matter how you find a way to do it, do it. Find a way. Bravo. Amen. Reporter for nightline, safe in my job for now at least, this is dan harris in new york. Up next, the adorable way this 12yearolds friends are showing their support after he survived an emergency plane landing that hit him on the head. Prep trauma unit 5. Whatve we got . Bp 64 40 sterilize sites. Multiple foreign objects in the body. 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Sleep riskfree with sleep trains 100day money back guarantee. And of course, free sameday delivery are you next . Make sleep train your ticket to tempurpedic. Your ticket to a better nights sleep when you think of all the places a small plane could make an emergency landing, a crowded beach on the fourth of july is not one of them. For one 12yearold boy youre about to meet, the holiday turned nearly deadly. But tonight the survivor himself tells abcs Kayna Whitworth the ordeal was no sweat. Reporter for the First Time Since this plane crashed into a crowded beach on july fourth, 12yearold nicholas baer, who was hit in the head, is speaking out. What was the last thing you remember . Just walking in the water . Yeah. And then . I dont know, i guess the plane just came down. Reporter the singleengine plane towing an advertising banner tumbled across the beach, it wing hitting nicholas as his terrified friends watch. We thought nick died. The plane was on top of him. We do have one plane down at the waters edge. Reporter the 23yearold pilot was uninjured but nicholas needed help. Bystanders rushing in, holding him steady until paramedics arrived. I remember waking up and going to the ambulance and then going to the hospital. Reporter nicholas suffering from a concussion and fractured skull bone needed surgery. Doctors were forced to shave his golden locks. He was only in the hospital for four days. But that was plenty of time for his buddies to concoct a plan to show their support. I was happy that they did it. And it doesnt make me feel awkward. Reporter he starts seventh grade next week with a summer survival story to top them all and the nickname miracle dude. I dont really like the name. Im just another person. Just got hit by a plane. Reporter for nightline, im Kayna Whitworth in san diego, california. No biggie. Thanks for watching abc news. Tune into Good Morning America tomorrow. As always, were online 24 7 on our Nightline Facebook page and abcnews. Com
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