that was pablo aybar. i m saying, this is great. this is the guy. gary foye, butch casey s neighbor, came in and positively i.d. d aybar as the man he saw driving the mercedes the morning of the murder. he doesn t pick alex hernandez as the passenger, he says he looks pretty similar, but he does pick aybar, he says, i m sure that was the driver. aybar seemed a good match for the moustached killer. and he soon got a second id from his roommate, john clemesco. were you sure right away that was pablo on that tape? yeah. clemesco also claimed to recognize the other man on the video as someone named pimp lover. police determined clemesco was referring to 21-year-old seth penalver from ft. lauderdale, florida. they traveled with the same morning of friends, and on the morning of the murders he said
as easily as seth penalver? i think they were throwing stuff up to feel doubt. if he saw your brother walking down the street in a video, even though it s blurry, you d know it s him. after ten nerve-wracking days, the jury finally returned on december 21st, 2012. you re fraught with just every emotion in the world. the moment was captured by cell phone video. we the jury find in the following case, as to count one of the indictment, in this case, not guilty. it kicks in that you know what? i m not guilty. i don t know what happened. i left my body. i was crying like a baby. it s too much emotion. it s just too much.
documentation from the mirimar police department, we find a lead sheet. johnny mcgill walks into the broward county sheriff s office and says, my boss ordered me to drive the mercedes to west palm beach county and set it on fire. you ve just walked in and admitted that you ve committed arson in a triple homicide and the broward county sheriff s office let you walk out. you have witnesses who all put seth and pablo in sunrise with the mercedes and seth s car. the theory was that they were together. but it doesn t add up, it doesn t match. a few days after talking to police, johnny mcgill was murdered at a nightclub in miami. police never verified mcgill s claims and never told the defense. other documents police withheld included an inventory of security camera footage seized
i could not believe it. like is this even real? i got right on my knees in the middle of the courtroom, and i went to praying and praying and praying. later that night, seth penalver walked away from prison a free man. seth s case brought up serious questions about the use of video as evidence in murder trials. video is not 100%. sometimes video can create more issues than one would guess. the video is powerful for the emotions it wrenches in you. but does it always tell the whole story? the video is the truth, it is what happened. but it s everything else that was a story. you may have known the ending, but you had to create the
heard two males voices outside their window. the wife saw a white car with a stocky male outside it. it s the first time we d ever heard of them. a witness says that they see a white toyota outside the house with a stocky male getting into the white toyota. alberto rincon owns a white toyota and is a stocky male. so if it was alberto rincon in the toyota, he s now at the scene, and if he s at the scene, he could be one of the intruders. when rincon was arrested in dade county, police had also found evidence that seemed to link him to butch casey s house. the footprints at the crime scene were never, ever tied to seth. but that home invasion robbery that happened in dade county. when rincon gets arrested, he is wearing sneakers that match the footprints that are found at the crime scene. there was certainly enough evidence to portray rincon as a