Transcripts For WCAU Dateline NBC 20170109

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You have a right to protect your home and to protect yourself. He planned, he prepared and was determined to kill. The most chilling detail of all. What youll hear on tape. Im still shaking. No one would be the same. I think thats probably one of the hardest parts about all of it. Im lester holt, and this is dateline. Tonight, kate snow with 12 minutes on elm street. 12 minutes, not a long time. But for three people whose pasts collided on thanksgiving day, 12 minutes was all it took for their lives to explode in a flash. I refuse to live in fear. 12 minutes that would haunt their families. I dropped to my knees. I was like, this cant be happening. Basically, why . Every second of those terrifying minutes would be fiercely debated. Your natural instinct is to save yourself, however you need to do it. A town divided over what happened inside this house on elm street. Weve had a lot of things happen in trial. Ive never in my life had evidence such as this. This might be more than what were initially being told. But before all the fear and the finger pointing, it was just another thanksgiving weekend in november, 2012, in the small town of little falls, minnesota. Everybody knows everybody and everything about everybody. 18yearold rachel brady was spending the holiday with her 17yearold brother nick and their 18yearold cousin haile kifer. The cousins were inseparable. Had been since they were little. We were always together. We would go camping. We were always in the water, always doing something. Me and haile were always together. Nick was the fun loving one in the group. Kimberly is his mom. He found joy in everything. And he would make sure to find something to make you smile. He would just sit there and hug me and be like, rachel, rachel, my big sister and make me laugh every single time. Like all kids, they liked to tease each other. Like when rachel called nick the nickname he had had since he was a little boy, nickel baby. Nobody else called him that, just the family . His good friends would call him it after they heard me could it. He would get so mad. At me for saying it in front of his friends. Growing up, nick was into sports and loved the outdoors. So did his cousin, haile. Who was as bright and active as he was. She was vivacious, bubbly and funny. She was very athletic in high school. She was in gymnastics and softball and track. The close knit cousins spent the wednesday before thanksgiving together. Raichel says there wasnt all that much for teens to do in little falls, so they would drive around town in the red mitsubishi. Would you cruise down the main drag here . Pretty much everywhere. Just spending the day with no cares . Yeah. They all spent the night together at a friends apartment. On thanksgiving morning, nick and haile left around 11 00 a. M. They said they were going to go to my mom and dads house. The plan was to meet later at grandmas house. But nick and haile never showed up. Kimberly and rachel tried calling them. Is it strange for nick not to answer his phone . Absolutely. Even if i called over and over again, he could have answered. And been like what do you want . Strange for haile not to answer the phone . Extremely. She would have never not answered my phone call. So where could they be on thanksgiving of all days . Adding to their worry was the weather. It had started snowing. So im thinking, okay, the weather. Maybe he got stranded somewhere. I was hoping that he was just staying overnight somewhere. In a safe place . Yeah, in a safe place. Were you worried about a car accident . I was. Very worried. Nick wasnt experienced driving in the snow. The family spent thanksgiving night on edge. Sure enough, on friday morning, there was frightening news. We heard about a car accident that had a red car. And we thought it was him right away. So we went and looked and it ended up being car pieces for a different car. And so when that wasnt him either, we started to get extremely worried. We drove up and down the back roads. Up and down the highways. We looked anywhere i could think of. Through town. Anywhere. Rachel posted messages on facebook, has anyone heard from haile or nick . Still nothing. By friday afternoon, they were out of their minds with worry. We called and called and called. No answers, no nothing. We kept getting the voice mails. I was like nick, this is getting serious. My we i started crying. And i was like, you better not be making fun of me this better not be a joke. Yeah. Before the day was over, the family would find out, this was no joke. Something terrible had happened to nick and haile. But it wasnt a car crash or an accident. It was something no one in little falls could have seen coming. I tried to be a good person. Across town, there was concern too. Just worry and panic. Like somethings wrong. When we return, someone else had also met with trouble that thanksgiving day, the deadly kind. Cavities and bad breath. Over 400 medications can cause a dry mouth. Thats why theres biotene. Biotene can provide soothing dry mouth relief. And it keeps your mouth refreshed too. Remember while your medication is doing you good, a dry mouth isnt. Biotene, for people who suffer from dry mouth symptoms. Shhh laughing whats going on . Gasp you going to shut it down . This is totally going viral. I wanna go viral. Going viral . Get scrubbing bubbles, clean and disinfect. 20,000 views what . Oh, it looks so clean in here. That cough doesnt sound so good. Well i think you sound great. Move over. Easy booger man. Take mucinex dm. Itll take care of your cough. Fine ill text you in 4 hours when your cough returns. One pill lasts 12 hours, so. Looks like im good all night ah david, please, listen. Still not coughing. Not fair you guys waffles are my favorite ah some cough medicines only last 4 hours. But just one mucinex lasts 12 hours. Start the relief. Ditch the misery. Lets end this. Do you think im gonna crack under pressure or conquer the field . Defy expectations any day with always infinity. Made with flexfoam. Absorbs 10x its weight. Rewrite the rules. Always. Th. Oh, bakedon alfredo . E. Gotta rinse that. Nope. No way. Nada. Really . Dish issues . Throw it all in. Cascade platinum powers through. Your toughest stuckon food. Nice. Cascade. School lunch can be difficult. Cafeteria chaos. One little struggle. Can lead to one monumental mishap. Not with ziploc easy open tabs. Because life needs ziploc. Sc johnson. The friday after thanksgiving, 2012, Kimberly Brady was worried sick that her son nick and her niece haile never showed up for thanksgiving dinner. They had been missing for more than 24 hours. Did you have a mothers intuition . I knew something was wrong. It was just so unlike nicholas. By friday afternoon, the family was frantic. So you decided to call the police . We went in we went into the Sheriffs Department and filled out missing persons reports for both of them. As authorities processed those reports, three other sheriffs deputies were over on elm street investigating something so troubling they later called in a crime scene van. That got the attention of john and cathy lang, who saw the van go straight towards the house of their good friend, byron smith. A 64yearold retired man living on his own. I was decorating the christmas tree. I saw a big, huge truck go down his road, called the crime scene unit. And i shouted for john, i think you were in the kitchen. And i said, call byrons cell. Something has happened. What did you worry, what did you think had happened . I thought he was dead. Cathy and john feared the worst for their friend, who had seemed out of sorts in recent months. Everything was fine when byron first moved back to his hometown of little falls about five years earlier, after a career that took him all over the world with the u. S. State department. He was talking about living in moscow and cairo and dakar. Its amazing. A worldly guy. Very much so. A great conversationalist, and fun to talk with. But recently, byron wasnt himself. His house had been broken into a few times, thieves taking everything from money to family heirlooms. They say their friend, who had mentored boy scouts and let their sons rock band jam in his garage had become afraid. He was acting real quiet, real scared. And then that crime scene van showed up outside byrons home and cathy was sure her friend was in trouble. Just worry and panic. Like somethings wrong. She was right. Something was wrong. Burglars had struck again. This time byron was home, and he had a gun. He had managed to defend himself, and survived the breakin. If you break into somebodys home, you better not have an expectation youre going to walk out alive, because the law permits them to shoot you. Michel wetzel is the sheriff. Byron told his deputies he had been in his basement when two intruders broke into his house and crept downstairs. Byron shot both dead. Minnesota law is clear on this thing, you have the right to use deadly force against another person if you believe your life or the life of another is in immediate jeopardy. As investigators continued to secure the scene at byrons house, the Sheriffs Office was calling another family. Kimberly brady had been frantically trying to find her son nick and niece haile. Now investigators knew what had happened to them. They drove out to speak with kimberly, and they brought a chaplain. As soon as i saw them turn the corner, something i knew he was gone. I didnt know how or why. Then all of a sudden i remember the door opened and the chaplain came out. All i said is, no. I dont remember if i said anything else. Hes like, your son is dead. Nick and haile were both dead. Kimberly fell to her knees, and then the chaplain told her, it was no accident. Hes like, your son was shot. And i was like and then, i mean, shot . That just wasnt doesnt fit . I just remember feeling, i said what do you mean shot to death, when i could get something out. And they said, well, he was shot three times. I was like, shot, what do you mean shot three times . And that was the i couldnt function. I couldnt really hear after that. Were you there, rachel, during that . I walked in, and my dad said that somebody somebody shot and i sat in the snow. I just buried my head into my hands and i started to cry. And then he tapped me on the shoulder and told me, hailes gone, too. Thats your brother and your best friend. Do you remember what was racing through your head, rachel . Basically, why . I guess we all just couldnt believe it was both at one time so suddenly. Even harder to absorb, how and where nick and haile were shot. They were the intruders byron smith killed. It was all very unbelievable. So what happened in that basement on elm street . The answer to that would lead to a heated debate. How far is too far when it comes to defending your home . When do you cross the line between victim and criminal . Coming up, what had nick and haile been up to . A grainy image captures a clue. Is that nick . You see him on different cameras, different angles Walking Around the house. Is that haile . Deputies are about to learn something puzzling. Why in the world are we only hearing about th the story of what happened on elm street spread quickly around little falls, minnesota. That two teenagers had broken into byron smiths house, leaving the terrified homeowner no choice but to shoot them in selfdefense. His friends and neighbors, john and cathy lang, had no trouble believing it. What was scary, it was very personal to him, because they were really attacking his home. But the family of those intruders, they were in shock. I didnt believe it. I thought it was completely not right or untrue. Teenage cousins nick brady and haile kifer had gone missing the day before, thanksgiving. Now, as she learned the circumstances of her sons death, nicks mother had so many questions. How do you reconcile in your head, your beautiful boy, who loves the outdoors, and what theyre telling you, that he broke into somebodys house . I just couldnt imagine it. It just was so not him. You just couldnt reconcile . Yeah, i had a lot of trouble. Kimberly had never heard the name byron smith. But rachel had. I knew that my brother had worked for him in the summer, but i didnt know him at all. Nick had once done yard work at byron smiths house. Now the sheriff had evidence of what he was doing there again. Byron had set up surveillance cameras at his home, frightened after a string of breakins. Those cameras prove there was no mistake about a breakin. Just after 12 30, the hooded figure is nick. He looks through several windows. As if checking to see if someones home. He clutches his hood closely. Concealing his face. Jeremy is an investigative sergeant with the Morrison County Sheriffs Department. You could see that there had been what appeared to be a little bit of casing done on Nicholas Bradys part. He even heads towards one of the cameras and tries to dismantle it. Then he walks out of camera range, shatters a window and enters the house. Minutes later the camera shows another hooded figure. This one carrying a purse and a cell phone. Its haile. On the video, it shows that the female had come walking up to the yard up towards the house. All on tape, clear as daylight. But why . What were nick and haile up to that day . They both went to my school at one time. Dylan lang is the son of byrons friends, john and cathy. In little falls, you have the regular high school crowds like the jocks and the goth kids. Then you have a group that is misguided. Dylan didnt know haile well but says at school, nick was no angel. What did you know about those two teenagers . I knew that nick was aggressive. He would be the kid who would push you up against the locker and kind of a bully . Right. He was a bully. As it turned out, a thief. After the shootings, authorities determined that nick had been behind one of those previous burglaries at byrons house. Just a month he willier, he and a earlier, he and a friend broke through this door and stole thousands of dollars in cash and priceless family heirlooms. And more disturbingly, two guns. They took things that were really important to him personally. Yes. And when they took the guns, he thought he was going to get shot by his own guns. He was extremely afraid. To the sergeant, it all looked like a classic case of trouble making kids crossing a line into dangerous criminal behavior. You have two teenagers that seemed to be running kind of rampant. You can obviously see that they had a change in their lives. In fact, when investigators located nicks car, parked on a secluded road near byron smiths home, they found items stolen from another house. Maybe it was the motivation of money and having material items. Maybe it was the motivation of having friends and wanting to please friends. The evidence appeared to be there, captured on that video, nick and haile had broken in and byron smith seemed to have every reason to be afraid. The impression that he kind of left on me was that he was living in fear. He was not sleeping. It was obviously bothering him physically and emotionally. At first, even nicks mom, while she didnt want to believe much of what she was learning about her son, tried to imagine herself in byrons shoes. I dont believe that breaking and entering is right and i wouldnt have expected it out of my son. It looked like a tragedy all around. Two intruders and a fearful homeowner with no choice but to shoot them. We know you have a right to protect your home and yourself. But a quick survey told sheriff wetzel that the teenagers were unarmed. As with any shooting, it would require more investigation. It would be ordinary with two people dead in a home that nobody is leaving until we figure out what happened. Beginning with one question a pretty big one. Why in the world are we only hearing about the shooting of two people in a house a day later . It turns out the sergeant and other deputies had rushed to byron smiths house friday afternoon, only to learn that the breakin and shootings happened thursday, on thanksgiving day. I asked him, why didnt you call Law Enforcement . He tells me, i didnt want to bother you guys on thanksgiving day. That struck the sheriff as extremely odd. Nobody worries about wrecking our thanksgiving. They dont worry about wrecking our day. So the intruders had been dead for 24 hours when byron called a neighbor for help and asked him to call the Sheriffs Office. When you found out byron smith waited 24 hours my mind was then, why . If you were so scared, why werent you on the phone . I mean, those kids have families, too, waiting. And then for him to say he didnt want to bother anybody on thanksgiving. It became clearer and clearer and clearer there were some things that were strange about this case. Investigators were about to learn a lot more about that shooting in the house on elm street and what happened next would tear this town apart. Coming up i was no longer willing to live in fear. Byron smiths story, was it all adding up . You would think after a horrific event, you would be very emotional, maybe crying. I didnt notice any of that. , t. So graceful. The corkscrew spin, flawless. His signature move, the flying dutchman. 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New degree ultraclear black white. It wont let you down. Hey julie, i know todays critic. Need a sick day. Dads dont take sick days. Dads take dayquil severe the. Nondrowsy, coughing, aching, fever, sore throat, stuffy. Head, no sick days medicine. Are how clear windexith makes your windows . Introducing. Schmindex look windex makes glass too spotless and too dangerous. But shmindex makes it dirty shmindex. Order yours today crsugar is everywherets sugar shield and crest complete has a sugar shield to protect teeth from sugar found in everyday foods. Crest complete. Shield your teeth from sugar. So sugar may visit, but its not sticking around. Nick brady and haile kifer had broken into byron smiths house. The frightened homeowner said he had shot them in a moment of selfdefense. But investigators had questions for byron. So sergeant luberts escorted him down to headquarters right away. That friday. Can you tell me your full name . Byron david smith. I just wanted his story. I wanted to find out the rest of the facts that happened at the house. Whoever it was that was breaking into my home had been doing it for so long, that i was no longer willing to live in fear. Byron explained how he had been terrified ever since that breakin a month earlier, when two of his guns were stolen. These are people who have stolen my guns. I figure theyre willing to use those if they steal guns. Byron wasnt home during the other breakins. But this time he was, as seen on this Home Security camera, he said he moved his truck a few blocks away that morning to clean his garage. The teens must have thought he wasnt there. I needed to clean out the garage and i wanted it out of the way for a while. Byron told him how he was in the basement when he heard the first intruder break in upstairs and head toward him. You heard footsteps coming down the stairs, is that correct. Yes, and then i saw his feet and then i saw his legs. Then i saw his hips, i shot. It was nick. Byron shot him three times. I was reacting. Okay. What were you reacting to is what im asking . The threat. The previous losses. I spent 20 years overseas. A couple years in bangkok, several years in cairo. 20 years overseas, not one problem. And i retire to my peaceful hometown. While byrons voice broke a few times during his account, the sergeant was surprised how calm and matter of fact he was for most of the interview. You would think after such a horrific event, shooting and killing two people that broke into your house that you would be very emotional, maybe crying at times. I didnt notice any of that from byron smith. He just maintained his composure, which was rather odd. Much stranger still is byrons account of what happened a few minutes after he shot nick. Haile entered the house and byron fired again. It jammed. The trigger clicked and she laughed at me. I just pulled out the. 22 and shot her. If you try to shoot somebody and they laugh at you, you go again. Was haile really laughing . To the sergeant, it seemed like a bizarre detail. Then byron told them this. I thought she was dead and it turned out she wasnt. So i did a good, clean finishing shot. He shot haile six times in all. And with that, the investigators came to believe this was something other than a simple case of selfdefense. My question, byron, is why did you shoot again . She didnt have a weapon in her hand. She wasnt i dont know if she had a weapon in her hand until later. Okay. Wasnt looking at her hands. She was laying there, hurt. Did she she wasnt threatening you. Im just asking i dont know if she was threatening me. There was certainly a continuation of the use of deadly force after it appeared to us the threat had stopped. And that made us believe that this needs to be looked at by the prosecuting attorney. A grand jury was convened to look at the case. In little falls, his friends were shocked that authorities could believe byron was anything but an innocent victim. It was ridiculous. That he would be this cold blooded killer . Really . Hes a quiet, soft spoken person. I just didnt fathom it. While byron was free on bond, the langs say he couldnt bear to go back to his home. So they took him in. I could hear him in his room many, many nights im so sorry. I feel so bad. I didnt want to hurt anybody. I could hear him crying. The case quickly became a big controversy in little falls, minnesota. Did people take sides . Absolutely. People became more opinionated about what happened. Some people would come up to me, hes going to prison, he shouldnt have done that. I said, well, you havent heard the whole story. I think byron has a lot of support in this area. Bill anderson is byrons neighbor. The same one who called authorities the day after the shootings. Myself, would i have done the same thing that mr. Smith did . No doubt in my mind. No doubt in my mind. It seemed like a big box of puzzle pieces. Prosecutors were in charge of evaluating the case against byron, and they knew it was controversial from the start. When brent and i got involved in it, the emails started, the phone calls, castigating us for taking this. After all, doesnt a homeowner have a right to defend his dwelling . I didnt argue with people. I said just stay open and let the evidence come out and see if you hold that same view. After looking at all the evidence, the prosecutors believed there was a strong case. The moment nick broke the window and entered into that house, didnt byron smith then have the right to defend himself . Yes. Yes, he did. But thats not what he did. He went way, way beyond defending himself. That grand jury in minnesota agreed. In april of 2013, five months after the shootings, byron smith was indicted on two counts of first degree murder. Now there would be a trial in the case everyone in town was talking about with revelations from both sides. Coming up i tried a lot of murder cases. 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From herbal essences, blooming now that cough doesnt sound so good. Well i think you sound great. Move over. Easy booger man. Take mucinex dm. Itll take care of your cough. Fine ill text you in 4 hours when your cough returns. One pill lasts 12 hours, so. Looks like im good all night ah david, please, listen. Still not coughing. Not fair you guys waffles are my favorite ah some cough medicines only last 4 hours. But just one mucinex lasts 12 hours. Start the relief. Ditch the misery. Lets end this. Byron smiths first degree murder trial got under way this in april 2014. And just like the town itself, carved in two by the Mighty Mississippi river, the people of little falls, minnesota found themselves divided. On one bank stood those who saw byron as a cold blooded killer who fired nine shots at two unarmed teenagers. When youre talking about multiple shots, down on the ground, right away it jumps out at you, hey, this is premeditated murder. On the other bank were those who viewed smith with every right to defend himself and his home against intruders. They werent invited for thanksgiving dinner. There wasnt a table set for them. They didnt come through the door. But they certainly found a window to come in. But nicks mother was determined even through her own grief not to make up her mind until she heard all the facts. I kept an open mind, because if he was fearful for his life, i couldnt fault him for defending himself. I waited until i heard all the evidence. The evidence said byron smiths defense attorney would show his client had done nothing wrong. This is a case about big misunderstanding. This is about byron smith being accused of a crime he did not commit. Did you believe that byron smith was justified in shooting nick brady and haile kifer . Yes. Its not something he wanted to do. But he didnt ask them to burglarize his home in a violent way on thanksgiving. They chose to do that. And he reacted. So the defense came to court confident a jury would see it that way. In minnesota, as i understand it, you have the right to protect your life. You have the right to protect your home, your property, as long as its reasonable. If somebody breaks into your home and commits a felony offense in your home, you can kill that threat. He said that everything byron did that thanksgiving day and the next was evidence that he was truly terrified inside his own home. Why did he wait so long before calling authorities . Fear. He was afraid there was a third or fourth or fifth person. So he was afraid of the backyard, the front yard, the stairway, the door. Hes just in utter fear and he goes in a closet and hides in his own house until the fear subsides. As for smiths calm demeanor and the matter of fact way which he described the killings i just pulled out the. 22 and shot her. The defense said he was just a man trying to help the authorities any way he could. On the exterior, he appears to be calm, but hes talking about how frightened he is internally. Hes trying to explain to the police what happened. Hes trying to help solve what occurred. But would the defense be able to convince the jury that byron smiths own account of the shootings, how he gave haile a selfdescribed finishing shot, was really justified. I did a good, clean finishing shot. From a human standpoint, it just sounds so cold blooded. It does, and i had to deal with the way it sounded. But its not evidence of what hes thinking. Its evidence of emotion. Its not evidence of murder. He thought his strongest evidence to justify the shootings was the fact that nick brady had broken into byron smiths house before, had even stolen guns. So byron had every reason to fear for his life. You wanted to show them these are kids up to go good. No, thats not what i wanted to do. I wanted the jury to see the truth, rather than just see a painted picture that the media was playing of their high school photographs. But the judge said testimony about nicks involvement in that previous breakin was irrelevant and inadmissible. He also couldnt say in court that there was evidence that nick and haile together had robbed another house, too. Unfortunately the judge would not allow that evidence to come in. And i thought he was making a grave error. How many witnesses did you have lined up that werent allowed to speak . About a half dozen. So byron smiths friends watching in court could only hope that the jury would see things as they did, that he was a scared man who defended his life and property. We know him as our friend, byron. So it was ridiculous to us for authorities calling him a cold blooded killer. It would be an uphill battle in the court of public opinion, thought prosecutors. They knew they had the burden of proof. I tried a lot of murder cases. And this one in particular seemed like a real challenge. Why . Because a lot of people thought we would lose it. A lot of people saw this as a referendum on whether its okay to protect your property and protect your life. You dont see it that way . Not this case, not these facts. But to prove murder in the first degree, the state would have to show that byron acted not just with excessive, unreasonable force, but also with premeditation. And while the defense may have had a lot of townspeople on its side, the prosecution had something else. I dont see them as human. I see them as vermin. A piece of evidence they felt would sway any juror to see byron smith, not as a fearful victim but as a calculating killer. Did byron tell investigators that he had made audiotapes . No, he did not. Coming up youre dead. The revelation that stopped everyone cold. Those 12 deadly minutes heard on tape. Can you ever erase that from by peggy lee playing ] [ goat bleat ] [ crow caws, music continues ] this is gonna be awesome when it comes to buying a house. Trulia knows the house is only half of it. And with 34 map overlays like playgrounds, demographics, schools, and more. You can find the right house and the right neighborhood for you. Trulia. The house is only half of it. There are people who think byron smith is a hero. What do you say to them . I say hes a murderer. And murderers cant be heroes. In a sharply divided minnesota courtroom, the prosecution argued that byron smith was no fearful, innocent victim, but an angry man bent on violent confrontation. He told investigators from the beginning that he was sitting reading a book in the basement, that he was caught unaware. You dont buy any of that . No, not at all. The prosecutors said they had evidence that it was premeditated murder. They told the jury byron had set a trap for the burglars. Remember the story about moving his truck to clean the garage . The prosecutors said that was a lie. That byron had, in fact, moved the truck to make it look like he wasnt home. You think byron wanted to catch the people who had been breaking into his house . Clearly. He planned, he prepared, and he was determined to kill whoever was breaking into his house and stealing his property. The prosecution said byron was in the basement, not to read a book, but to wait, like a hunter. It just seemed like byron smith was deer hunting. Like a lot of folks do in minnesota. Where you get in your stand and you wait and you wait and when a deer comes by, you shoot and kill it. And it just seemed like thats what he did with these kids. But could they prove it . Turns out the prosecutors had something they had never encountered in nearly half a century of combined trial work. Do you remember when you first listened to it . I do. And it knocked me out. Ive never been able to hear a murder actually occurring. Byron smith recorded the breakin and shootings. Investigators found this Digital Audio recorder on a book shell of in the basement. It captured more than six hours worth of audio that day. You ended up with a trove of information. His own words on tape. Indeed, we did. Here is byron smith shortly before the breakin, talking to himself. In your left eye. In your left eye. Why would he say that a half hour before anyone came over . Well, when you go through the autopsy photographs, you see that he shot haile kifer in her left eye. He was planning where he was going to shoot an intruder . Not just shooting them but where, where in the face is he going to shoot them . Then it sounds like byron is planning not just the shooting, but also his defense. He practices contacting a lawyer. I realize i dont have an appointment, but i would like to see one of the lawyers here. Ten minutes later, the practicing is over. The recorder captures something real. How quickly did everything go down that day . 12 minutes. 12 minutes, from the first shot fired at nick brady to the ninth and final one fired at haile kifer. It was frightening. The prosecutors played all 12 minutes in court, but first warned nick and hailes families, who sat through every day of the trial, that they may not want to hear it. He suggested that you probably shouldnt be there that day. He did, more than once. Why did you want to be there . I needed to know. You need to hear the whole story to understand it, i think, in this case. You cant just make a snap judgment. This is the sound of nick entering the home. Walking down the stairs to the basement. And as hes going down the stairs, you can hear him get im lester holt. Thank you for joining us. This sunday, the battle over russias Election Year interference. The Intel Community says the russians are guilty. Case closed. Russia has clearly assumed an even more aggressive side or posture by abusing Cyber Espionage operations. President elect trump got an intel briefing on friday, but says hes still not sure. My sitdown with two republican senators, Lindsay Graham of south carolina. After the briefing hes still not sure that would shake me to my core about his judgment. And john mccain of arizona. If we were able to succeed doing that then you destroy democracies. The secretary of Defense Ash Carter live this morning on what options the u. S