Crime Stories with Nancy Grace - Does killer post sick photo to his buddies of half-naked Victoria as she’s dying in car BEFORE CALLING 911?

Episode Date: November 21, 2019

After beautiful teen Francis Victoria Garcia dies, suspect Michael Gaffney claims it happened during rough sex. The pair leave a Halloween party for alone time in a parking lot at a high-rise apartmen...t building. Their 20-minute encounter ends tragically. Gaffney says the girl's death was unintentional.Joining Nancy Grace to discuss the case: Dr. Wendy Patrick - California Prosecutor, Author of "Red Flags" John Cardillo - Host of "America Talks" on Newsmax TV, Former NYPD Bethany Marshall - Psychoanalyst, Beverly Hills Dr. Tim Gallagher - Medical Examiner for the State of Florida Alexis Tereschuk - Investigative journalist Radar Online Learn more about your ad-choices at https://www.iheartpodcastnetwork.comSee omnystudio.com/listener for privacy information.

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Starting point is 00:00:00 You're listening to an iHeart Podcast. Why is it always like this? A 19-year-old teen girl ends up dead in a Ford Escort, and somehow she's the bad guy. She's to blame. 19-year-old Frances Victoria found half-clothed, her clothes in disarray, euphemistically, takes a picture of her naked body or half-naked body and posts it to about 30 friends as she's lying there, either dead or passed out. But somehow, she's the tramp? No way.
Starting point is 00:01:06 I want justice. Crime Stories with Nancy Grace. A body was found in that garage you see right behind me. And now we know that police are looking into two theories, according to a report that the woman died of an overdose or that she died in the middle of a sexual encounter. Police found a 19-year-old woman dead inside of a vehicle at the top of this parking garage in Hackensack around 2 in the morning. The garage is attached to this luxury. She was driving to the building
Starting point is 00:01:45 around 2 in the morning. The garage is attached to this luxury high rise apartment complex on Prospect Avenue. Video obtained by Pixel 11 News shows the vehicle being towed away. This woman just moved into the building this
Starting point is 00:01:58 week. I don't think it's the norm for around here. Um I don't know the details. However, the way the building handle it was very professional. You know, when I came out this morning, they were like, you know, nothing to worry about. Everything is okay. The Daily Voice reporting that police are investigating if the 19-year-old died of an overdose or due to rough sex inside of the car. Wow. It's her fault, I guess.
Starting point is 00:02:17 19-year-old Frances Victoria Garcia. How dare she have a drug overdose? How dare she have, quote, rough sex and die half-clothed in a car? Wow. It's always the woman's fault. What a tramp. Right? Wrong.
Starting point is 00:02:36 Absolutely wrong. 100% wrong. I'm Nancy Grace. This is Crime Stories. Thank you for being with us. I want justice. And by the time you hear these facts, you're going to want it too. Those of you that have a daughter like I do, a sister, a mom, an aunt, a best friend, to be dragged through the mud after
Starting point is 00:03:01 she's found dead, I am not having it. Joining me, an all-star panel, Wendy Patrick, California prosecutor, author of Red Flags. You can find her at wendypatrickphd.com. John Cardillo, host of America Talks on Newsmax, former NYPD. Bethany Marshall, renowned California psychoanalyst. She's at drbethanymarshall.com. Medical examiner for the state of Florida, Dr. Tim Gallagher, joining us. But right now, to investigative reporter with RadarOnline.com, Alexis Tereschuk. Alexis, I'm so mad I could chew a nail in half. It's the preppy murder all over again. Do you remember Robert Chambers?
Starting point is 00:03:46 Because I sure do. Alexis, tell me about how this 19-year-old girl, Frances Victoria Garcia, was found. She was found inside a car, and she was found in a condition where police say that they could not tell how she died. They did not know. There was no obvious sign. There was not a lot of blood. She had not been shot. So they were unaware of how she had died, but she was found dead in the car. What kind of car? Where was it? I believe that it was a Ford Escort and it was in the parking lot of the apartment building where she lived. You know, to Dr. Bethany Marshall, LA psychoanalyst, Dr. Bethany, why is it that all I've heard about this case is that she OD'd and she was having rough sex? Why is that? You know, I was wondering that too, because this woman is dead. She's only
Starting point is 00:04:39 19 years old at the beginning of her entire life. And her whole reputation has been maligned, that she wanted rough sex, that she was high on drugs, that the victim is really being blamed. And there is very little about the perpetrator. She was not in that car alone. There was a man with her. They were engaging in a sex act. And I think that whoever is reporting on this story is not focusing on the fact that one person killed another. There is a perpetrator. There's a crime. Something happened to this young woman. And it's not because she had a sex drive. Her sex drive did not kill her. Another person killed her. Okay, you know, Dr. Bethany, you know, normally I agree with you.
Starting point is 00:05:28 Normally I agree with you, but I don't know if having sex in a Ford Escort by an apartment building where you end up dead is, quote, engaging in a sex act, because to me it sounds like she was
Starting point is 00:05:43 raped and murdered. That's what it sounds like to me. Take a listen to this. sounds like she was raped and murdered. That's what it sounds like to me. Take a listen to this. Our friends at Pixie Lovin. Residents say there was a party on the 14th floor of the building. According to the Daily Voice, citing a law enforcement official, the woman that died left the party inside the building with a man and both went inside of that vehicle. They had both taken prescription
Starting point is 00:06:05 medication prior to their encounter, according to the report. This longtime resident says she saw a large law enforcement response earlier in the day. It was kind of scary coming out and finding all the police cars. And then when I returned three hours later, they were still here. So I was even afraid to go in. There are so many things that happen in life that you really can't assume or make judgment on anybody's life. It's a sad thing. I feel sorry for her and the family. Now an autopsy is going to determine the cost of death. The Bergen County Prosecutor's Office asking anyone with information to come forward. So there was a party according according to sources, up on the 14th floor of a luxury apartment building. According to police, this young
Starting point is 00:06:50 teen girl leaves the party with a man. They claim both had taken prescription meds. I don't know that. They got into a car and that was the end of it. This reminds me so much of Robert Chambers, the so-called preppy murder case. Take a listen. The partially nude body of a young female is found fiendishly posed in New York's Central Park. The victim of a savage beating and strangulation. That was the work of a real psychopath.
Starting point is 00:07:23 Police identify her as a popular 18-year-old Soho resident from a wealthy family. It was a terrible, terrible time for the family and for the loved ones. Friends tell police of her companion on the previous night, a strikingly handsome 19-year-old casual acquaintance, one who appears to have deep, fresh scratches on his face
Starting point is 00:07:44 and body. They look like scratch marks from a human ant. An arrest is made and when the media gets a glimpse of the seemingly wholesome, well-dressed 19-year-old, they dub him the preppy killer. He came across as being a magnetic, interesting person because he was just so good looking. But how could an innocent teenage tryst looks like someone's getting lucky tonight end in murder no one deserves what happened there sensational tales of drugs alcohol and sadistic sex will emerge well tales t-a-l-e-S is pretty much what that is, an intricate web of tales in which that victim, an 18-year-old
Starting point is 00:08:29 girl, Jennifer Levin, was also sullied in the media. That was from our friends at AMC, their special called The Preppy Murder, and now it's happening all over again. Straight out to the medical examiner for the state of Florida, Dr. Tim Gallagher. Dr. Gallagher, it seems to me that this woman is basically being slut shamed, I guess is the new term for it. I don't allow that word in our home, but that's what's being done to this girl, Frances Victoria Garcia. She went to a party. She may or may not have taken a prescription drug. That's just a report from party goers. I don't know what they know. How can you tell if this woman, if this young girl was raped or whether, as they say, it was
Starting point is 00:09:18 consensual sex? There are a few ways we can tell that a woman was raped. Number one, a sexual assault kit would have to be performed and samples of her vaginal area would have to be taken, as well as samples from anal and oral areas. And then if it was forced sex, you would notice on the inner part of her thighs bruising or some contusions that typically do not become consistent with consensual sex. So any bruising around the mouth area, the rectal area, or the vaginal area can certainly lend support that this was a forced sexual encounter versus one that was consensual. What do you think? Is this girl being dragged through the mud? This is what I know. He is alive. She is dead.
Starting point is 00:10:07 Doesn't sound like consensual sex to me. This is Crime Stories. Crime Stories with Nancy Grace. doing than any tabloid could ever dream up. It's only a very callous stranger that leaves a body exposed in that room. It was enthralling to the media. Meet Robert Chambers. I'm Rob. Just your average ladies man until murder made him famous. that from our friends at amc the preppy murder special and it's deja vu now a 19 year old girl francis victoria garcia found dead half clothed in a ford escort and instead of people reporting on the guy she was with it's all about her her, what she did wrong. Now, you were just hearing about the preppy murder as it was monikered, and I think that was quite the euphemism, like putting perfume on a pig. It was not a preppy murder. It was a violent strangulation, death, and rape where that
Starting point is 00:11:40 victim, Jennifer Levin's body, was left half-clothed in Central Park, her underwear about 50 feet away from her body. Under her nails, there was a treasure trove of DNA where she scratched at Robert Chambers' hands to make him let go of her neck, but he did not. Robert Chambers, nicknamed the Preppy killer, that in itself irritates the heck out of me. Bethany Marshall, the preppy killer, that's wrong. That's like calling Jack the Ripper a nice but misled gynecologist. Well, I think that whoever's reporting on these crimes does not want to use the appropriate verbiage predator, rapist, homicidal, maniac, sadist. You know, to put your hands around a woman's neck and to suffocate her to death, to asphyxiate her means you have enormous rage and that this is no longer
Starting point is 00:12:47 about sex. This is about luring someone to a certain place so that you can predate against them. So this poor 19-year-old young woman at the beginning of her life was lured from a party by a rapist. And that is really what we're talking about today, a rapist and an innocent young woman. And we need to be clear about what we're talking about. John Cardillo, former NYPD host of America Talks on Newsmax TV. John, NYPD, you were there when Jennifer Levin's half naked body was covered in bruises and bite marks and cuts was found by a bicyclist in central park
Starting point is 00:13:26 right at fifth avenue and 83rd where all the rich people live in manhattan right behind the metropolitan museum of art clothing from levin's upper body was pushed up around her neck her skirt was around her waist she had been strangled There were multiple cuts and bruises on her neck from the strangulation of her own fingernails as she clawed at Robert Chambers' hands, trying to save her own life. And we learned that later, Robert Chambers, the so-called preppy killer, went and hid and watched as police officer found her underwear about 50 yards away. Do you remember when that happened, John Cardillo? Yeah, now I was a bit younger than I, but it was a big teaching case for us in the academy. The NYPD crime scene unit
Starting point is 00:14:19 used it. And then later on, I was actually trained when I was in service on the street by one of the detectives on the case. There were similarities, but many, many differences in these two cases in terms of police response. You have to go back. This was the 1980s in New York City, pre Rudy Giuliani implementing some new policies that reduce crime. And you just nailed it, Nancy. Now you had the murder of a young white woman in a very ritzy area, arguably some of the highest real estate value in the world. So the detectives were mobilized. But it was a much more evident crime scene of a crime. And at the time, crime was high in New York. And so all indicators pointed to foul play there. Clearly a beaten victim. it was clearly sexual assault you didn't even need the rape but i don't get it then why did he get the euphemistic nickname
Starting point is 00:15:11 preppy killer wendy patrick you know what here's the deal with rape all right and i've tried many many rape cases before i had dna, we had blood type. I could show the rapist was, you know, A, B, B positive, blah, blah, blah, blah. But that was it. There was no DNA at that time. It was just on the cusp before DNA was used in court. Here's how it goes. First of all, the guy says, I've never seen her in my life.
Starting point is 00:15:43 Okay, then, oh, here's a picture of you guys at a party together. Oh, her. Oh, yeah, right. I don't remember her being at the party, but if you've got a picture, then I guess we attended the same party. Well, witnesses say you left the party together. She may have left behind me, but I did not leave any party with her. She may have left around the same time as me, but I didn't leave with her. Well, here you are on an apartment surveillance video walking out arm in arm. Oh, her. Yes. Okay, now I remember we did leave together.
Starting point is 00:16:18 Well, but we didn't have sex. Well, your fingerprints are on her car and inside the dash of her car. Right, right. And your DNA matches the semen. Right, you know what? It's all coming back to me. We did have sex, but it was consensual. It's totally consensual.
Starting point is 00:16:36 In fact, she practically raped me. That's how it goes, Wendy Patrick. Yeah, Nancy, you know, that chronology outlines probably the majority of the rape cases we see because most of them end up having a consent defense. We see that far more often than a stranger jumping out of the bushes and dragging a woman into an alley. Not that that doesn't happen, but Nancy, more often than not, as I think all of us on the call can agree, that's the way we see it most often is it goes from denial and it slides towards the consent defense. But let me bring up a couple of things that distinguish these cases like we're discussing.
Starting point is 00:17:08 And your previous guests really sort of cued this up very well. So Bethany Marshall brought up this point about the rage that must be required for the sustained pressure necessary to kill by choking. Dr. Gallagher talks about the fact that you can tell somebody had sex and bruises lend support, but still there are potential defenses that we've all heard raised in court that might even call those into question. So what do we do? We have to almost prove this circumstantially, as my friend John Cardillo learned the hard way back at NYPD with some of these terrible cases. But in what we're looking at, where it's maybe acquaintance rape, maybe it's a case where two people just met or they don't know each other very well, it is going to be all circumstantial. And even, Nancy, you and I both were trying these cases
Starting point is 00:17:53 before DNA was helping. Still, there was this circumstantial evidence available, not only to prove a sexual encounter, but also to help to prove whether or not there was consent. That's the issue here. And then here's the next kicker, Dr. Tim Gallagher, the medical examiner for the state of Florida. And I say it in that way because in many jurisdictions, you have a medical examiner for each county. Gallagher is the medical examiner for the entire state of Florida. That is nothing to sneeze at. Dr. Gallagher, to further complicate the consent issue, you know, in the past, when the victim would be covered in cuts and bruises,
Starting point is 00:18:39 her clothes torn, that would be evidence of forcible rape. But now, the predator, the defendant says, oh, she wanted rough sex. That's what happened. So Dr. Gallagher, in this case, what evidence do you see on Frances Victoria Garcia's body that would indicate a violent rape? Well, there can be several. One of the others, not only when we receive the body, we also inspect the clothing. And we inspect the clothing for unnatural tears in the clothing, forced openings of the zippers and buttons, buttons that might be missing, blood that might be on the clothing. We photograph the clothing. And a lot of the times, the damage of
Starting point is 00:19:20 the clothing, we can match that up to injuries on the body. And that would give us a very good supporting evidence that the person was attacked or physically assaulted. And not to mention the fact that this victim actually had fingerprint marks on her neck. And oh, by the way, just food for thought, did I mention that the date, 21-year-old Michael Gaffney allegedly posted a picture of Frances Victoria's dead body on Snapchat before he called for help, and he put under the picture, just effed this bitch. She passed out. I don't know what to do. Crime Stories with Nancy Grace. Over here. Over here. In August 1986, Robert Chambers made headlines for killing his friend Jennifer Levin in New York's Central Park.
Starting point is 00:20:34 I didn't mean to hurt her. I liked her very much. He was handsome and privileged, and the press called him the preppy killer but to police he was just a 19 year old kid with an unlikely story that seemed to blame the victim for her own killing he's raping you in the park she's having her way with me without my consent he always said he struck her to make her stop police never believed that story and Chambers was charged with murder. He pled guilty to first-degree manslaughter and served 15 years in prison. When he was released, he gave his only interview to Troy Roberts of 48 Hours. I was responsible for her death. You are hearing our friends at AMC's,
Starting point is 00:21:23 their special, The Preppy Murderer. That was in the 80s, but believe it or not, it's happened again. And once again, the victim, the rape and murder victim, a teen girl, she's just 19. Frances Victoria Garcia, absolutely beautiful, is being treated like the worst tramp ever. No one seems to be focusing on the killer, Michael Gaffney. Did you hear what I just mentioned? That before he calls the police, Gaffney allegedly posts a photo of Francis Victoria's dead body on Snapchat before he calls for help. Quote, this is what he puts under her picture just effed this bitch she passed out i don't know what to do how dare he i'm looking at this guy and i'm looking at her and it's just overwhelming me the the senselessness of this death this murder he says that they had quote rough sex in a car
Starting point is 00:22:22 posting the photo of her dead, naked body on Snapchat before calling for help. Gaffney is 21. He's from Maywood. She, Frances Victoria, just 19, found dead in a car parked in a detached parking lot at a luxury high-rise in Hackensack following a party. This photo that he posted on social media is so disturbing. What does it mean to you, renowned psychoanalyst joining me out of L.A., Dr. Bethany Marshall? Bethany, what does it mean to you? Well, what this means to me is that I think of rapist typologies. There are very specific delineations in terms of type of rapist. 73% of rapists know their victims. And when they know their victims, they tend to be less violent
Starting point is 00:23:14 and just more coercive interpersonally. But when there is a stranger rape, usually the perpetrator is abusing substances. And the nature of the rape tends to be much more violent and much more aggressive and i'm going to assume that this 21 year old did not know this victim prior to the party that he selected her during the party he was already in the mood to rape he had aggression towards women hated women wanted to have power over women because another type of rapist is the power reassurance rapist. That's the one who has power over the woman in order to assure himself of his own masculinity. The rapist who rapes a stranger usually is expressing hostility towards
Starting point is 00:23:59 all women in general. They don't always kill, but sometimes they do. So not only is this young man a rapist, but he's also homicidal. I would want to know about his history of violence and his history of substance abuse. I'm sure that there are both. Well, he does have that history of substance abuse, Dr. Bethany. You get that nail on the head. Okay. But I'm asking specifically about to you, Wendy Patrick, you and I both prosecuted a lot of rape cases. The fact that he posted this just after this bitch, she passed out, I don't know what to do. He writes on Snapchat for the world to see. And he told friends who were in the, he contacted friends in the area and told them Francis Victoria was not breathing after he posted the
Starting point is 00:24:45 Snapchat photo. Yeah, I hate to say it's a sign of the times that we have this kind of absolutely callous boasting of just despicable actions, as you say. You know, perhaps it's that many young people might be desensitized, and I shouldn't pick on the young people. You know, we read these types of things online, and we tend to let our conclusions just sort of, you know, go verdict first. You can imagine as a defense attorney, which is, by the way, the way I started my career, you can imagine this being spun to indicate, well, obviously this was a very unprincipled manner of saying, I'm not sure what to do. This woman passed out. But that's not the visceral reaction, Nancy, as you wisely point out, that jurors are going to have. They're going to be more in line with how in the world could you possibly say something like this? And it really goes back to what's the relationship between the parties? And
Starting point is 00:25:33 as Dr. Bethany Marshall points out, it does also speak to acquaintances who just met leaving a party together rather than any kind of established relationship, which will play into the rest of the narrative. This man may be the proverbial axe murderer next door who nobody really knew much about, which, again, ties right into the preppy murder as well. Well, another issue is that they're in her car. John Cardillo, host of America Talks on Newsmax TV, former NYPD. It sounds to me that she was walking to her car. He may have acted like he was escorting her to her car and then attacked her.
Starting point is 00:26:09 That's what I believe happened. They're not in his car. It's not like he was taking her out to, you know, go out for a late night breakfast or anything like that. She was raped and murdered in her car. Is that significant or not, John Cardillo? You know, Nancy, I'm going to play devil's advocate here. I don't have enough evidence yet to declare rape. He obviously, from what we see, was responsible for the murder. He admits that. But we don't have enough evidence for rape because we've got, remember, the initial news items on this were they didn't know if it was an overdose or something
Starting point is 00:26:42 else, which indicates responding officers got a 911 call for an unresponsive female. They get there. Wait a minute. Why are you even saying that? Because we've now got a partial autopsy that says cause of death is compression to the neck. So why are you even bringing that up? I'm saying so. So then we learned a little bit more.
Starting point is 00:26:59 Just another chance to try to trash the victim. No, I'm not trashing the victim at all. I don't think this girl did anything wrong. That wasn't the cause of death, though. No, no, no. Nancy, I understand. So why are you bringing it up? Nancy, what I'm saying is when the initial officers got there, they had no idea.
Starting point is 00:27:11 So then EMS takes the body to the morgue. The medical examiner does their investigation. They determine compressions to the neck killed her. We still don't know if rape was a component is all I'm saying. What I'm saying is we now know. Oh, so you think they had a sweet session of love making and then he murdered her? Clearly it wasn't a sweet session. I'm sorry. Hold on just a moment. Alexis Tereszczuk, correct me if I'm wrong, but doesn't
Starting point is 00:27:36 two plus two still equal four? Or have I lost my mind? It does. And she was bound with bruises, contusions around her neck. You know, I can't believe Cardillo said that. A former cop. A, you think this beautiful young girl wants to go out in a freezing cold parking lot and have sex with a guy she barely knows and her Ford Escort? Nancy, let me...
Starting point is 00:28:04 Yeah, does it happen in this world yeah i guess it does but you're you're really belittling her no and plus the fact that she's strangled dead what do you think that she uh that was consensual too she wanted to be strangled no nancy plus obviously the two no no no you had your chance the two are linked, no, no, no. You had your chance. The two are linked. She is still naked. But we don't have rape evidence. She's half naked. But we don't have rape evidence. She's dead. And the guy should go away for the rest of his life if he did it.
Starting point is 00:28:32 If we had the death penalty, give it to him. But I just don't see both things can be true. Okay, maybe Wendy Patrick, maybe I'm a little too angry at you, and your lips are still moving. That's what I don't understand. Wendy Patrick, please explain to him why this is not a consensual sex act. Her clothes are all torn up around her neck and she's half clothed, her skirt's all yanked up over her waist. She's in a public place
Starting point is 00:28:59 in a detached parking garage with a guy she hardly knows, and she's dead. Yeah, I think what John was trying to do is lay out what the defense and what the prosecution is going to have to overcome with full knowledge that we have circumstantial evidence that makes it rape. And that's part of what you also, you know, Dr. Gallagher said this as well. You look for tears in clothing, for blood, for signs of forced entry, if you will, you know, the kinds of things that make it seem like there is no element of consent. And part of the thing you also are going to look at is this was a freezing night in a parking garage in her car, not the kind of consensual atmosphere that you would imagine if, in fact, this was consensual. Oh, please. It's not like he's got scented candles and playing jazz music in the background for Pete's sake.
Starting point is 00:29:47 You know what, John Cardillo, I thought I knew you. Well, you have, but listen, you're misinterpreting what I'm saying. I really did until right now. Crime Stories with Nancy Grace. A man from Maywood is under arrest tonight after a 19-year-old woman is found dead in her car at around 2 this morning in Hackensack. Michael Gaffney facing reckless manslaughter. Authorities say they could not revive Victoria Garcia. An autopsy finding she had, quote, compression injuries to her neck. Authorities say she was in the back seat of her car with Gaffney, who will stay in prison until his next court date. Reckless manslaughter? What? What did I just hear? Reckless manslaughter what what did i just hear reckless manslaughter premeditated murder is when
Starting point is 00:30:47 you have intent to commit the act that results in death i.e i fire i hold up a gun to jackie howard here in the studio with me and pull the trigger the law presumes assumes that i intend the natural consequence of my act. I can't just say, oh, I just meant to scare her by shooting her in the head. He can't say, I just meant to what? Have rough sex and continue compressing her neck until she was dead? He had plenty of time to form premeditation. Premeditation under the law, like it or not, can be formed in an instant. And the time it takes you to pull the trigger, it takes several minutes to strangle someone dead. You were just hearing our friends.
Starting point is 00:31:29 I'm not blaming the messenger. That was Nick Medanus at News 12, New Jersey. But I don't get why this is reckless manslaughter. Oh, oh, no, uh-uh. This is murder. Dr. Tim Gallagher, the medical examiner for the state of Florida. Dr. Gallagher, tell me how long it takes to strangle someone dead, manual strangulation, and what are compression fractures? Well, in order to strangle somebody until they're dead, their blood supply or the oxygen supply has to be cut up to their brain for longer than three minutes.
Starting point is 00:32:04 So it's a very long, drawn-out process that's very intimate. You're very close to the person. So it's not a quick thing. It's about three or four minutes that you have to maintain that restrictive compression around their neck. And then fractures around the neck due to compression are often the hyoid bone. So the hyoid bone is a very thin, small bone that's in the front portion of the neck extending around the sides of it, and the hand or the object that compresses the neck would often fracture that hyoid bone, therefore supporting evidence that the person was manually strangled.
Starting point is 00:32:43 I'm just not understanding where they're getting the theory of reckless manslaughter. I mean, I think there's a chance you could get straight probation on that, on a reckless manslaughter. That's when you have a crash. You're not drunk. You have a crash and somebody dies. This is premeditated. He had, how long did you say, Dr. Gallagher, it takes to strangle somebody dead? Generally, it's going to be greater than three minutes. So for three minutes, I mean,
Starting point is 00:33:08 the law is, Wendy Patrick, premeditation can be formed in an instant. Why are they cutting this guy a break, giving him reckless manslaughter charges? This needs to go to a grand jury and get a murder charge. Yeah, I think, Nancy, it may be a function of what you and I have seen during the course of our careers is sometimes you need to gather as much evidence as you can before you can bump it up to the next level. And maybe that's part of the analysis here. You always wonder that. You know, you look at the facts as are reported, and then you see what's been charged, and you see the discrepancy. But we all know that, you know, because we're not privy to the inner workings and conversations and legal analysis, maybe there are stronger
Starting point is 00:33:40 charges coming once certain test results or once more evidence is available. But you're right, that certainly will be something to consider because it sure does look one way, and yet the charges seem to insinuate something less than appears facially obvious. I think she's being punished because she may have been drinking at the party and may have taken prescription drugs. I think she's being punished and shamed, even in death. It's happening all over again. Did we learn nothing from Robert Chambers and Jennifer Levin's murder? The so-called preppy killer? Listen.
Starting point is 00:34:13 I was responsible for her death. There's no question about that. You admitted guilt, but you did not intend to kill her. I don't believe I intended to kill her at all. Everything he said about how she died is absolutely untrue. She was frantically fighting for her life. Am I a monster? No. Because if I were a monster, I wouldn't care. Yes, you are a monster. You are a monster. You are evil. And that wasn't your first offense i'm talking about robert chambers
Starting point is 00:34:46 you were just saying you were sorry because you were talking to 48 hours rick salinger and you want everybody to hear that feel sorry for you but in this case it's happening it's playing out all over again francis victoria garcia just 19 years old dead, half clothed, with compression fractures, strangled so hard that most likely her hyoid bone, there were actually fractures in her neck. And now we've got just a reckless manslaughter charge? Really? I'm stunned. Listen to this. GoFundMe has pulled the plug on a fundraiser set up for a man charged with reckless manslaughter. Michael Gaffney was arrested over the weekend in connection to the death of 19-year-old Victoria Garcia. Gaffney's family had created the GoFundMe to raise money for his defense.
Starting point is 00:35:37 The site shot down the page, citing a violation of its policy, which bans raising money for legal defenses involving violent crimes. Guys, this guy not only kills a 19-year-old girl, oh by the way, that's News 12 New Jersey anchor Christina Baer, but Alexis Tereschuk, investigative reporter, RadarOnline.com, he actually starts a GoFundMe to raise money for himself. Yep, his family set it up hoping that they could get some money. They actually started getting money and then luckily GoFundMe set it down, shut it down. The thing that's so amazing in this case is that the judge, as you were, was furious about this Snapchat post that he made and said that is the reason he wasn't going to let him out on bail because reckless manslaughter charges are not first degree murder. And bail was a possibility for him. And he said,
Starting point is 00:36:26 you know, this is disgusting. You, what you have done is so disgusting. I am not even going to allow you to have bail. So after she goes lifeless or still, he takes a naked photo and posts it to 30 people. Could he have saved her life? We wait as justice unfolds. Nancy Grace, Crime Story signing off. Goodbye, friend. You're listening to an iHeart Podcast.

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