Dateline NBC - Miami Heat

Episode Date: March 11, 2020

In this Dateline classic, a drive by shooting tears a Miami family apart and Cindy Carballo is left wondering who could have killed her husband. Keith Morrison reports. Originally aired on NBC on July... 10, 2015.

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Starting point is 00:00:00 I couldn't comprehend what was happening. I couldn't sleep, losing my husband. It's an image that is never going to go away. A father out for a walk with his son. I heard shots, very loud shots. The child survives. The father doesn't. All he was asking was, honey, tell me, how's the baby? Is the baby okay? It was an execution.
Starting point is 00:00:28 Yes. The killers never caught. We're waiting for a phone call, waiting for a break. Nothing was coming in. Then, one month later, another shooting. The victim, the dead man's partner. And no question this time, who the killer was. I panicked because I thought he was reaching for his gun, and that's when I shot. Was it self-defense?
Starting point is 00:00:51 The lead detective kept telling us everyone's life is in danger. Or was it something else? It's a lousy excuse to kill somebody. What secrets were stored on this tape? Villain. I just couldn't believe what I heard. Or victim. Hug your family.
Starting point is 00:01:11 Kiss your children. You don't know when you're going to lose them. I'm Lester Holt, and this is Dateline. Here's Keith Morrison with Miami Heat. It was dusk in Miami. The day's heat retreated. Parks filled up. Soccer games were called to order.
Starting point is 00:01:36 Rolando Mesa loved the evening ritual. He and his 18-month-old son, Noah. Rolando doted on the boy. He was a hands-on dad. And Noah's mom, Cindy, was there to record it all. My husband was an outdoor person, so, you know, he was always doing things, you know, with Noah. And so on a spring evening of the gathering dusk, Orlando walked behind Noah, who rolled along on his toy car. A security camera watched them toddle down the sidewalk. They disappeared around a corner. That was the worst date of my life. What happened? Well, that's still being debated, in a way. A chain of events, certainly, of which a father-son evening stroll may have been the first, but certainly not the last.
Starting point is 00:02:37 But, a moment first to fill you in. Cindy, or Janepsy, the name she was born with in Cuba, came to Miami as a teenager. And she was bright and ambitious. She learned English pretty much from scratch, became a hairdresser, experimented with her own quite frequently, as you'll see. It was back in 2006. Cindy Carballo had been invited to a Super Bowl party. Lots of people there, in the crowd and the noise. She didn't notice Orlando Mesa, but he noticed her. According to him, it was love at first sight. Did you feel that way too? Not at first. And then after that Super Bowl party, she got very interested in that funny,
Starting point is 00:03:21 handsome guy named Orlando, the mechanic with the wild curly hair. He definitely was a jokester, so he made me laugh. Orly, as she called him, was as ambitious as she was. He didn't just fix cars. He bought a couple of lunch trucks, and then he branched out into real estate development. Having tried marriage once, Cindy was reluctant to try again. But Orlando was not a man inclined to entertain doubts. And one weekend, he invited Cindy to a barbecue party. He surprised me. He knew that I love mariachis.
Starting point is 00:04:01 And all of a sudden, all these mariachis, they come in and singing, and he gets on his knees and he proposed. So it was exciting. That's a day you don't forget. Never. So, in short order, they got married and had a baby and became a family. Why did you pick Noah as a name? They had a book on baby names,
Starting point is 00:04:26 and I saw the name Noah, and it said it meant new beginning. So I loved it. So it was a new beginning, as aptly recorded as any new parents could make it. But if this was the beginning, then what was this? That early evening in April 2008, Rolando and Noah heading down the street with his toy car. They turned the corner, out of
Starting point is 00:04:56 camera range now. And then... I heard shots, very loud shots, and I went outside. That's when I saw my husband full of blood, crying for help. I'm sorry. It's an image that is never going to go away. I didn't see my son at first, so I thought the worst. I went crazy because I thought my son was kidnapped. Then from the front yard near where Orlando fell, a neighbor called out. And she said, no, I have your son, my brave neighbor. She took my son from my husband's arms.
Starting point is 00:05:42 When I ran to grab my son, my son was shot full of blood. Neighbors called 911. In the distance, as the caller spoke to 911, a woman screamed. It was Cindy. How old is the baby? Cindy held her son for dear life. Orlando tried to speak. All he was asking was, honey, tell me, how's the baby? Is the baby okay? Then an agonizing decision. Ride in the ambulance with her baby or stay by her dying husband? Of course, I was torn in two, but my main concern was my baby.
Starting point is 00:06:23 So I jumped immediately in the ambulance. As Cindy sped away to the hospital with Noah, the paramedics worked on Orlando where he fell. But it was too late. They could not save him. Detective Felix Guadarrama of the North Miami Police Department went to the hospital to check on the boy and deliver the bad news. That's the toughest part of my job.
Starting point is 00:06:47 How did she take it? She obviously became even more upset. Everybody started crying. It was just horrible to hear news like that. But little Noah would make it, would be okay, thanks to his father's selflessness. My son was shot in his arm and in his leg, but, you know, his father protected him. Held him and covered him? When they were shooting at him,
Starting point is 00:07:18 he just lifted my son up. Keep him away from his body? What do you miss most about him? Being with him all the time. That was when your life made sense. That's what I knew. Us together with our baby. But now Orlando was gone,
Starting point is 00:07:41 and little Noah was wounded and suffering, and so she took him home to care for him there in a house that felt empty. I couldn't sleep, see my baby suffer with the wounds, losing my husband. He was very loved by everyone in my family. Clearly, however, there was someone who didn't feel the same way about Orlando Mesa. And before long, said Cindy, she and the North Miami police came to the very same conclusion about who that might be. When we return, Cindy points to someone she thinks is a possible suspect and begs for help in bringing her husband's killers to justice. Hug your family. Kiss your children. You don't know when you're going to lose them. They were just going for a walk on a pleasant Miami evening.
Starting point is 00:08:53 And yet, when her husband was gunned down and killed, her 18-month-old son wounded, Cindy Carbile didn't quite get it right away that hers was a particular kind of nightmare. This was an execution. What does it do to your head when you think that? Somebody wanted him dead. I couldn't comprehend what was happening. I was just in pain that I had lost my husband.
Starting point is 00:09:20 Three days after the shooting, Cindy went before TV cameras at police headquarters. Hug your family. Kiss your children. You don't know when you're going to lose them. Holding her son Noah, his injured arm wrapped in bandages, she appealed for help to find the killers. Most little information that you know, please just come forward.
Starting point is 00:09:44 Police had urged her to make the appeal, hoping that all that emotion would help generate some much-needed leads. Though there was one lead, both amazing and ultimately frustrating. Right there, just below the roofline of Cindy and Orlando's house, was a security camera. Former North Miami police major Trevor Shin. We had video footage that we obtained from the victim's home. That's the camera that captured father and son heading out of the house and down the street on that last walk they took together. Then watch this. A car barrels up to the curb. Two men burst out, guns drawn, run around the corner, out of camera range. That's where they opened fire on Orlando and Noah.
Starting point is 00:10:29 Within 15 seconds, they're back in the car, speeding away. But they're not done. He was on the ground, they come back by, and now you have a second rally of shots. It was an execution. Yes. Nobody could identify the two you could see on the video. Best witnesses could say was they were African-American males with dreadlocks.
Starting point is 00:10:52 One caller said she thought she saw a third man in the car besides the two shooters. There were three people in the car. They found the car, eventually, abandoned. It had been stolen. And the evidence trail cooled dramatically. As for what the motive was, no one seemed to know. It was shocking because my husband was very much liked. He didn't have any known enemies. Was that true? Detectives at the North Miami Police Department threw out a wide net,
Starting point is 00:11:27 and they got some help from Cindy. When you're working a homicide, you want to reach out to the people who are close to the victim. Yeah. Spouses. Of course. Best friends, business associates. You want to get as much information. Are there beefs? Are there bad businesses?
Starting point is 00:11:43 That's when Cindy thought about her husband's new business partner, a man named Elon Nissim, the guy he got involved with in real estate development. When the police questioned me and they said, who are his friends and partners, that he had any incident, that's when I said, well, you know, there was an incident with this business venture. Cindy met Elon Nisam and his girlfriend Nikita at a birthday party for their daughter, who was Noah's age. Then, said Cindy, Orlando told her later, not long before he was murdered, that Elon lost a big packet of cash Orlando entrusted him with.
Starting point is 00:12:25 My husband gave Elon Nisam money to purchase lots to get in the business. A lot of money? My knowledge was $180,000 and there was a robbery and the money was gone. $180,000 lost in cash? That's the sort of thing that makes a cop sit up and take notice Tell me about the links between Nisim and Orlando What were they doing together? Some small real estate, from what we understand
Starting point is 00:12:55 But all these sound like businesses on the up and up Yes Cindy began to suspect that Nisim must have had a reason to want her husband dead. But as for what he may have done... I don't think she could say. She just kept saying that he had to be involved. And there was an issue over money. It was just like her gut feeling this guy was involved. And then, the 20th of May, one month to the day after the murder,
Starting point is 00:13:24 the investigation had stalled. Cindy was at home, alone, packing to move out of the house she shared with Orlando. What happened? Well, sometimes it could take a while to figure out who did what to whom. Coming up, a knock, a shot, and a mystery. He made a move and I panicked because I thought he was reaching for his gun. When Dateline continues. Burying a loved one is never easy.
Starting point is 00:14:12 Burying a loved one who was murdered, incomprehensible. And to make it somehow worse, said Cindy, police told her that her suspicions about that guy, Elon Nissen, were well placed. And they gave her a warning. The lead detective, she kept telling us, these are dangerous individuals. And then, this was pretty terrifying, said Cindy. After the murder, Neeson called her on the phone incessantly.
Starting point is 00:14:40 He always inquired about the investigation, so I felt he wanted to keep me close for information if he was maybe a suspect. And on the day of Orlando's funeral, who should show up but Neeson himself? That's got to be pretty bizarre to have him at the funeral when you think he had your husband killed. It was. I immediately told the lead detective in the case. The lead detective came to the funeral also. And she instructed us to act natural, not to let him suspect that we knew that he was the person.
Starting point is 00:15:19 And to keep taking Nisim's calls. Cindy thought she could help the police solve the case. But there was a little more involved than a pure murder investigation. The feds were in on it now, said Abby Rifkin, the prosecutor assigned to the murder case. They were looking at Mr. Nisam as they were looking at her husband, as they were looking at other people who were allegedly in the drug business. The drug business? Yes. All that missing cash and Orlando's three prior convictions for marijuana and cocaine possession.
Starting point is 00:15:55 Those things gave the crime the whiff of a classic drug hit. My husband, unfortunately, had a past before I met him, before I married him. Mind you, Orlando's crimes were not exactly big time. He pleaded guilty to all those charges and served a few days in jail. And though Nissim also had a record, several assault convictions years earlier when he was not yet 20, none of them had a thing to do with the drug trade. Still, the question was, had something happened to sour their partnership? Just over three weeks after the murder, the police asked
Starting point is 00:16:32 Cindy to do more than just keep an eye on Missam. I was asked by the lead detective to maintain communication with him so I could work for them wearing a wire and help them catch this individual. A potentially dangerous thing to do, of course, wearing a wire, secretly recording conversations. Still, Cindy said she would do it. And on the advice of the lead investigator, said Cindy, she bought a gun for the first time in her life. She also decided to move out of her house. But the wire? She never wore the wire. No, she did not. And the reason? It was May 20th, exactly one month after the hit on Orlando Mesa. Cindy was home alone, packing to move. And suddenly, an unexpected guest was at her door, said Cindy.
Starting point is 00:17:26 Not just any guest. Elon Nisum. He practically forced his way in, she said, peppered her with questions about her husband's business. He started asking me about my husband's warehouse, and if I had my husband's keys. And I said, I don't know where he keeps his keys. That's when he became aggressive, and he said that I knew more than what I was telling him. She watched in terror, she said, as he walked around the house, as he looked outside and saw that her dogs were securely leashed, unable to help her. But then, she said, it got very scary indeed. When he grabbed me, that's when he attacked me. I was able to get away from him.
Starting point is 00:18:10 He reached out to grab me again. He scratched my neck. He ripped my shirt. He chased me through the house. Cindy said she ran to the living room, where she kept her newly purchased gun. And Nisim, right behind her, tripped on some bags she was packing. And when I turned around, he made a move, and I panicked because I thought he was reaching for his gun.
Starting point is 00:18:35 And that's when I shot. And I ran out of the house, and I called 911. 911. Can somebody please call the police? I'm on fire. I'm on fire too. Can you not call? Were there others with him? She kept running. And she's frantically saying, oh, they're chasing me. They're chasing me. Back at the house, police found Nisim on the floor. He was very dead.
Starting point is 00:19:10 They finally caught up with Cindy a few blocks away, drove her to headquarters. How did they treat you that day? They treated me very well. They were very nice. After my statement, they told me that it was a justifiable self-defense. Afterwards, the lead detective dropped Cindy at her parents' house. And she told my family that I did the police a favor by taking out the trash.
Starting point is 00:19:36 The next day, news reports quoted the police as saying Nissim was a suspect in Orlando's murder and that Cindy was justified, shot him in self-defense. But now, regardless of that, you had just killed somebody. You'd taken another human life. Yes. It can't be easy to deal with. No, and it felt unreal.
Starting point is 00:20:00 It felt unreal. However, as you say, the police told you you'd taken out the trash, and did they essentially leave you alone after that? They drove me off of my house, and they told me my family members had nothing to worry about. So you went on rebuilding your life? Correct. But, as they say, don't count your chickens.
Starting point is 00:20:30 And don't judge a book by its cover. Was this a story of self-defense or revenge? I just couldn't believe what I heard. Cindy Carbio's husband had been murdered, her son wounded, and she had just killed the man she believed was responsible. It wasn't an easy load to put in the rearview mirror. But a few months after she killed Elon Nissen, it was Noah's second birthday, and Cindy decided his happiness would come first.
Starting point is 00:21:17 So she organized a party. Pony rides, a pinata, the cake. Cindy, remember, had always been an ambitious person, Now that she was the family breadwinner, in 2010, two years after the murder, she and a partner opened a clinic that specialized in managing pain, located in nearby Broward County, just north of Miami. She hired this man to help get the business going. His name is John Friske. I was selling her computers and helping her get set up. Pain management clinics were popping up all over South Florida just about then. And some of them were suspected of being so-called pill mills, where unethical doctors got rich writing prescriptions for narcotics like OxyContin.
Starting point is 00:22:03 Broward County, I think there was a hundred and some odd pain clinics, which is probably around more than a McDonald's. Detective Rob Weir was part of a DEA task force set up to investigate these pill mills. And while Cindy insisted she ran her clinic by the books, it came to the attention of the DEA task force. We had received complaints on it, so we sent somebody in to see what we could do. And guess who the task force sent? John Friske, the computer expert.
Starting point is 00:22:32 He also happened to be a DEA informant. Every time I went in there, I wore a wire from the DEA. When you wore the wire, what were you assigned to do? My main goal was to get anything that would piece it together and prove it was a pill mill. He talked to Cindy a lot. Fishing, really, for what might be evidence of medical fraud. And then one day, it was just over two years after Cindy shot Nisam, Frisky got a very big surprise. It made me very uncomfortable, and I just wanted to leave. What happened?
Starting point is 00:23:09 Frisky asked Cindy about her family, and she launched into an amazing story about the shooting of Elon Nisam. So we're through hell and back, you know? It was a story of how her husband was murdered and her son wounded, and how she suspected her husband's business partner, Elin Nissen, arranged it all. And then she said when she decided the police were never going to arrest
Starting point is 00:23:34 him... I was like, I have to do something. I can't let this go. I won't let it go. And I said, I want to turn out. I want his daughter to grow up to that knowledge of myself. And that's when a completely different story emerged about the day she shot Nisim, a far cry from the one she told the police. Nisim didn't barge into her house uninvited, she said.
Starting point is 00:23:58 She lured him there. I knew it was going to happen, and, you know, I was shaking inside, but outside I was calm. She told Frisky she asked Nisim to take down some speakers in her bedroom. Then she went to the living room and got her gun. And when he came out, I was like, he came out of that room. He said, no s***. One, two, five. He fell. He fell. She didn't shoot him just once. She emptied her gun into him. John Friske simply wanted to find out if Cindy was operating a pill mill.
Starting point is 00:24:43 Instead, it sounded like she had confessed to a much, much more serious crime. I went in the restroom. I called Rob Weir, the DEA agent, and I told him she just confessed to murder and she wants to go to lunch. And he said, no, you can't just get out of there and make any excuse. You're not going to lunch with her. Frisky gave the tape to Weir. And I'm like, nobody could just flat out confess like that. I just couldn't believe what I heard. Detective Weir contacted North Miami police and prosecutor Abby Rifkin,
Starting point is 00:25:16 who, it turned out, had her doubts all along about the story Cindy told the cops. The persona that she tries to portray of being this poor little widow is completely belied by those tapes. I want his daughter to grow up without his father just like my daughter. Nisim's daughter is a little girl named Imani. He really did love her. Ever since Nisim was shot, Yamani's mother, Nikita Roberts, had been hearing people say the man she loved was a killer. I couldn't see this person hurting
Starting point is 00:25:51 anybody or being this for whoever they say he was. That's not the person that I knew. Prosecutors put their case together. Miami-Dade State Attorney Catherine Fernandez-Rundle had to sign off, and she did so without hesitation. Revenge isn't tolerated anywhere in the system, even if it's understandable and somebody might have some sympathy. There's a kind of a push in that direction, isn't there? You ought to be able to kind of act out in your own defense. Sometimes revenge is just an excuse, but it's a lousy excuse to kill somebody. You cannot do it. You will be held accountable.
Starting point is 00:26:29 And the state of Florida did hold Cindy accountable. Just before Christmas 2010, she was charged with first-degree murder. Coming up, there was a dead man, an apparent confession, and a motive. But under Florida law, was it murder? And it was at that point in time that you shot him to protect himself? Yes, I did.
Starting point is 00:26:48 I was in fear for my life. In my mind, he was there to kill me. When Dateline continues. Words. What a lot of trouble they can be. He play my husband? He got me, Kevin. Cindy Carbile's words, recorded by DEA informant John Friske,
Starting point is 00:27:25 could put her away for life for first-degree murder. But this being Florida, she had a shot at getting the charge thrown out. The controversial stand-your-ground law. Both sides are ready to proceed. If Cindy could satisfy this judge that she had to use lethal force to protect herself from Elon Nisam, she'd walk away free as a bird. If she couldn't, she'd go on trial for murder. Watching in the gallery, Nisim's girlfriend, Nikita Roberts, and their daughter, Imani. Are there any witnesses of the defense seeks to call at this time?
Starting point is 00:27:56 Cindy would be the first, telling the judge that, yes indeed, a tape would tell the story of what happened. But not the undercover DEA tape. That was nonsense, she said. The true tape, the one that told the honest story of what she went through that day back in 2008, was her recorded 911 call after she shot Nissen. That was the true Cindy, the defense said, tearing out of the house, hysterical, panic-stricken, telling the operator she was sure he was going to shoot her. I thought he was going to fire at me, so I fired, and then I ran. I panicked. I panicked. Please help me.
Starting point is 00:28:38 Sitting here on the witness stand, Cindy swore her story was the same now as the one she told the cops from the start, that she was home alone when Nisim showed up uninvited and attacked her. He got aggravated and aggressive with me and he grabbed me by my shirt. And it was at that point in time that you shot him to protect yourself? Yes, I did. I was in fear for my life. In my mind, he was there to kill me. Cindy turned to the judge, fighting back tears, and explained that she fired because it looked like Nissen was about to shoot her. He turned with his left hand towards his right,
Starting point is 00:29:14 and at that moment, I just started shooting and shooting. Like there was no tomorrow, because in my mind, he was reaching out for the gun I seen him with. He was going to shoot at me. It was so scary. Cindy's attorneys reminded the judge that after the shooting, the police announced Cindy would not be charged. After the detectives interviewed her, no, they felt at the time that this could be a case of self-defense. And the defense pointed out news stories of the time, in which police were quoting Nisim as a suspect in Orlando's murder.
Starting point is 00:29:52 At the time, he was the person the police was investigating and the only suspect in my husband's murder. And as for that DEA undercover tape, which so faithfully recorded what she told Frisky about planning and vengeance, an eye for an eye. This is me telling him how I felt, my embellishment on the story. It was all pure theater, she said. She was trying to impress Frisky, not confess to him.
Starting point is 00:30:23 I made myself to look tougher than I was because... Why did you do that? Because I'm a single mom living in a man's world. So I wanted to sound like I'm tough. You can't mess with me. Cindy asked the judge to look to one statement on that tape that was all true and consistent with the fear Cindy showed on the 911 call. You told Frisky that you had to defend yourself against Ilian, correct?
Starting point is 00:30:52 Yes, I told him that I was very scared. I told him that I had to defend myself against Ilan. Cindy's testimony appeared to be a powerful performance. But there was one person not impressed. Lead prosecutor Abby Rifkin. What was your impression of her testimony at the Stand Your Ground hearing? That she was an actress and she was putting on an act. And the act began with that 911 call. Was that the real Cindy? Not a chance, said Prosecutor Rifkin. The real Cindy was the one on that frisky tape speaking freely when she thought nobody else was listening. And during cross-examination,
Starting point is 00:31:36 prosecutors said police were never as suspicious of Nissen as Cindy claimed they were. Instead, they said it was she who pushed him as the number one suspect. He wasn't being investigated for the murder of my husband at the time. That is correct. So was Nisim a murder suspect or not? We put the question to these two detectives. In the paper, it says that she shot in self-defense the number one suspect in her husband's killing.
Starting point is 00:32:09 So is that what the police were thinking? No. He was never a number one suspect. He was never a number one suspect. Words. Words in court, words on tape. Which words would the judge believe? Coming up. In a case full of twists and turns, one more.
Starting point is 00:32:29 That blew my mind. How do they assert that I was pregnant by this man? It was just after Thanksgiving 2012. Cindy Carbio had made an impassioned case that she shot Ilan Nisim in self-defense. And under Florida's stand-your-ground law, she qualified for immunity from prosecution. He was going to kill me. She sobbed and pleaded on the stand. Now she stood quietly to hear the judge's decision. The defendant's motion is denied.
Starting point is 00:33:14 Denied? Cindy said the judge failed to meet the legal burden of a stand your ground case. So two years later, Cindy went on trial for murder. Please be seated. Now, prosecutors had the burden to prove her guilty beyond a reasonable doubt. Evidence will show that the defendant lured Mr. Neeson to the house for revenge.
Starting point is 00:33:39 Listen to the DEA tape, said Prosecutor Abby Rifkin to the jury, to hear not a victim, but a calculating cold-blooded killer. So when I knew that it was going to be hard to catch him, I was like, I have to do something. What did she do? She bought a gun. And then, prosecutors said, she invited Nissim to her home. Miami-Dade County Medical Examiner Dr. Emma Liu demonstrated the path of bullets from Cindy's gun into Nisim's body. Five shots, mostly in the back.
Starting point is 00:34:17 Gunshot wound A was on the right upper back. The day Cindy shot Nisim, he wasn't even armed. And if she was as frightened of him as she claimed to be, then how to explain this? Today, Cindy shot Nisam. He wasn't even armed. And if she was as frightened of him as she claimed to be, then how to explain this? Phone records that show the two were in constant contact 30 times in the weeks after Orlando was killed. We're talking about somebody who is clearly having a relationship with this person. Come on, that's a pretty thin thread.
Starting point is 00:34:43 Clearly having a relationship. I mean, that's your speculation, surely. Absolutely not. This is someone who was calling the victim equal number of times that he called her. And then Prosecutor Rifkin went a step further. She discovered, she said, that Cindy got pregnant after her husband was killed,
Starting point is 00:35:02 miscarried at three weeks. And who did she text from the hospital? The person that she texted from the hospital a little after 6 o'clock in the morning was the victim. It was clear what the prosecutor was implying, that Nisim might have been the father. Cindy seemed stunned by the whole idea. That blew my mind.
Starting point is 00:35:24 How do they come and can assert that I was pregnant by this man? Cindy seemed stunned by the whole idea. That blew my mind. How do they come and can assert that I was pregnant by this man? It was just disgusting. And simply untrue, said defense co-counsel Bruce Fleischer. For them to suggest that she was pregnant from Neeson was ludicrous. In fact, said the defense, the state's whole case was ludicrous. This was clearly an act of self-defense. Just listen to Cindy's sister describe the time she saw Nisim talking to Cindy
Starting point is 00:35:52 right after her husband was murdered to understand why she was so afraid. Then the next thing I see is him lifting up his shirt and he had a gun. I saw my sister looking a little frightened about it. One of the detectives had told her this person has a long rap sheet and that she should arm herself. And after Cindy shot Nissen, her sister said she saw proof that Cindy had been attacked. She had bruises on her
Starting point is 00:36:20 arm. She had a scratch or bruises on her neck. And that shot him in the back thing? The defense called a medical expert of its own, who said the first bullet was in Nisim's side when he turned his body as if to reach for a gun. Within a fraction of a second, he will fall forward. And during that period of time, he gets all the rest of the gunshot. The defense wanted to ask the lead detective, Diana Roman, just what she told Cindy after her husband was murdered. Roman has denied ever telling Cindy to buy a gun or congratulating her for taking out the trash when she killed Nissen. But here in court, the judge would not let the defense ask about those things, though she did allow questions about all those texts and calls. You told Genepsi to stay close to him? I asked her to maintain a
Starting point is 00:37:21 communication that already existed there. But the big issue, of course, was that DEA audio tape. I knew what was going to happen. This tape is the one in which she seems to confess. But she's not confessing. She said that I shot that man in self-defense. I thought he was armed. It's not a confession. Did he have a weapon on him when they found him?
Starting point is 00:37:51 Remember, the defense argued that Cindy was exaggerating wildly when she talked to the DEA's Frisky, embellishing to make herself look tough. But if you listen carefully, they said, you can hear one thing Cindy did say on that tape that was true. The one thing prosecutors ignored. Five big words. I had to defend myself. Now that, said the defense, was true. Just like the 911 call was true.
Starting point is 00:38:32 To all of which the prosecutors said, nonsense. That 911 call, that was all an act. And their proof of that was something Cindy said to DEA informant Frisky on his tape. What does she say when she thinks no one's listening? I was really nervous, but I made it look authentic. And the judge agreed with the prosecution, dismissed the
Starting point is 00:38:56 911 call, ruled it inadmissible, which was a very big problem for Cindy. And perhaps the reason that in her trial, she chose not to take the witness stand. We couldn't let her do it because we saw that we were not being treated fairly in the rulings. In his closing, defense attorney Nathan Diamond insisted that Cindy was within her rights when she shot Nisim. The shots are being pulled off in rapid fire,
Starting point is 00:39:27 consistent with the fear of the attack that was being placed on Janepsy in her home. So now, the big wait. One day, two days. On the third day, jurors said they were deadlocked. The judge sent them back. Please be seated. And hours later... We, the jury, find the defendant guilty of first-degree murder.
Starting point is 00:39:52 What was it like when they said guilty? It was very, very, very difficult. I never imagined that I was going to go to trial and not be able to tell my side and actually how the events occurred. The sentence was swift, ordained by law, life, no parole. Cindy told us she isn't done. She is appealing. She tells us her son Noah, who visits her in prison, will fight the lies that put her there. He told me that he understands because sometimes in school, there's boys that tell lies about him and try to get him in trouble with the teachers. So he said, I understand, Mommy.
Starting point is 00:40:44 Ask State Attorney Catherine Fernandez-Rondo about what happened to young Noah, now living with relatives, and she calls it a tragedy. That is really the heart of this case, because that's the person who really has suffered and lost everything. It's been years now since the tumultuous events that put Cindy Carballo behind bars. More than a decade since her husband was murdered in that put Cindy Carballo behind bars. More than a decade since her husband was murdered in a case that still hasn't been solved. All those years to contemplate the act that put her here. And whether she'd do it again.
Starting point is 00:41:18 Yes. Because I was attacked. And I, that moment, I felt that he was gonna kill me and if not having remorse makes me guilty I don't I don't think it should be that way perhaps not but certainly Cindy Carballo has years to rethink the question and her answer. That's all for now. I'm Lester Holt. Thanks for joining us.

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