Asena Basak
Appearances
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
Lisa Andrews told us the defense in the end had two good arguments for the jurors, and those were self-defense and accidental shooting. So if somebody had a doubt about accidental shooting, self-defense was another explanation that Dick DeGaran and Michael DeGaran presented in court. And Dick was able to explain that there's no safety on the trigger. So it's really easy to fire this gun.
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
And she did say that she was numb. She became numb after the shooting and she wasn't feeling things the way maybe you would feel things after such a big loss. And she said, I was numb for such a long time. And I think that breakthrough for her did come through when Natalie was talking to her. It was heartbreaking.
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
He's also trying to go back to acting, he told me. Really? Because he was on a reality show, Justice with Christina Perez, as a bailiff. So he's also, I think, trying to revive his acting career.
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
There's another interesting fact about this case. So apparently in Texas, if you are acquitted of a crime, your complete record can be expunged. Once Renard was acquitted, he did ask for that. So we didn't really have any access to court transcripts, court testimony, which we usually do. to do these kind of programs. So that was a big challenge for us.
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
Yes. So we hear Patricia at 3.01 a.m. when she says it's the same thing over and over again. So there's something going on, like Natalie said, between them. And then 3.07 is when the gunshots are heard. So there's only six minutes. from when we hear Patricia saying it's the same thing over and over again to the gunshot.
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
So the prosecutors at trial raised this by saying you were having a fight with your husband and in six minutes you were able to sleep. That doesn't sound believable.
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
I mean, it's a complicated case. Consultant Lisa Andrews told us she was a former prosecutor in Texas, and she did tell us that there was just not enough evidence clearly pointing to either side.
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
Dick DeGaran, who was Renard Spivey's attorney, told us that a crime scene technician at trial acknowledged that the trigger was not swabbed for DNA because she was afraid that it would go off again. Now, Dick made a point that shows how dangerous this gun is.
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
He also said the DNA swabbing was a bit sloppy, meaning the investigators used only one swab to swab the gun, but they didn't specifically swab the trigger. And when they used one swab to swab the gun, two DNAs came up, which was Patricia and Renard's DNA.
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
So Renard told us that he was shot first in the leg. The second shot, according to Renard, hit Patricia on the left side of her chest. And then the third shot would have gone through her arm, exiting her arm and going into her right torso. But the medical examiner can't tell us the order of the shots. So we need to go by accounts of people.
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
Their theory was that he was in a different part of the house. That's why the sound is different. But we'll never know. The state couldn't prove that was a gunshot.
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
Yeah, he did testify under oath to those phone calls. The phone calls were listed on the arrest warrants with Times. And the state based a lot of their case on Ezra's statements. And I think that was a big factor in the case. During those conversations, Ezra tells Renard to get out of the house if things are that tense. And Renard says, I'm going to show her she's not getting the house.
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
This is all based on statements from Ezra. So the prosecution's motive was the house, but they just couldn't show the phone records at trial. The phone calls were made over apps. And they told us that they don't have the records. We found this out on location when we were interviewing Renard and Dick de Guerin. And I spent hours on the phone with Ezra prior to that.
48 Hours
Post Mortem | TV Bailiff Spivey on Trial
And I was surprised and I was taken aback when I heard that this was news to me. So I arranged another meeting with Ezra and I asked. him, I said, were you truthful about these phone calls? And he said, yes, I was truthful. I did not lie. I wanted to tell them everything Renard told me that evening leading up to the shooting. So he told me he was telling the truth.
48 Hours
Post Mortem | Deputy Spivey on Trial
Lisa Andrews told us the defense in the end had two good arguments for the jurors, and those were self-defense and accidental shooting. So if somebody had a doubt about accidental shooting, self-defense was another explanation that Dick DeGaran and Michael DeGaran presented in court. And Dick was able to explain that there's no safety on the trigger. So it's really easy to fire this gun.
48 Hours
Post Mortem | Deputy Spivey on Trial
And she did say that she was numb. She became numb after the shooting and she wasn't feeling things the way maybe you would feel things after such a big loss. And she said, I was numb for such a long time. And I think that breakthrough for her did come through when Natalie was talking to her. It was heartbreaking.
48 Hours
Post Mortem | Deputy Spivey on Trial
Because he was on a reality show, Justice with Christina Perez, as a bailiff. So he's also, I think, trying to revive his acting career.
48 Hours
Post Mortem | Deputy Spivey on Trial
There's another interesting fact about this case. So apparently in Texas, if you are acquitted of a crime, your complete record can be expunged. Once Renard was acquitted, he did ask for that. So we didn't really have any access to court transcripts, court testimony, which we usually do. to do these kind of programs. So that was a big challenge for us.
48 Hours
Post Mortem | Deputy Spivey on Trial
Yes. So we hear Patricia at 3.01 a.m. when she says it's the same thing over and over again. So there's something going on, like Natalie said, between them. And then 3.07 is when the gunshots are heard. So there's only six minutes. from when we hear Patricia saying it's the same thing over and over again to the gunshot.
48 Hours
Post Mortem | Deputy Spivey on Trial
So the prosecutors at trial raised this by saying you were having a fight with your husband and in six minutes you were able to sleep. That doesn't sound believable.
48 Hours
Post Mortem | Deputy Spivey on Trial
I mean, it's a complicated case. Consultant Lisa Andrews told us she was a former prosecutor in Texas, and she did tell us that there was just not enough evidence clearly pointing to either side.
48 Hours
Post Mortem | Deputy Spivey on Trial
Dick DeGaran, who was Renard Spivey's attorney, told us that a crime scene technician at trial acknowledged that the trigger was not swabbed for DNA because she was afraid that it would go off again. Now, Dick made a point that shows how dangerous this gun is.
48 Hours
Post Mortem | Deputy Spivey on Trial
He also said the DNA swabbing was a bit sloppy, meaning the investigators used only one swab to swab the gun, but they didn't specifically swab the trigger. And when they used one swab to swab the gun, two DNAs came up, which was Patricia and Renard's DNA.
48 Hours
Post Mortem | Deputy Spivey on Trial
Was it three shots? So Renard told us that he was shot first in the leg. The second shot, according to Renard, hit Patricia on the left side of her chest. And then the third shot would have gone through her arm, exiting her arm and going into her right torso. But the medical examiner can't tell us the order of the shots. So we need to go by accounts of people.
48 Hours
Post Mortem | Deputy Spivey on Trial
Their theory was that he was in a different part of the house. That's why the sound is different. But we'll never know. The state couldn't prove that was a gunshot.
48 Hours
Post Mortem | Deputy Spivey on Trial
Yeah, he did testify under oath to those phone calls. The phone calls were listed on the arrest warrants with Times. And the state based a lot of their case on Ezra's statements. And I think that was a big factor in the case. During those conversations, Ezra tells Renard to get out of the house if things are that tense. And Renard says, I'm going to show her she's not getting the house.
48 Hours
Post Mortem | Deputy Spivey on Trial
This is all based on statements from Ezra. So the prosecution's motive was the house, but they just couldn't show the phone records at trial. The phone calls were made over apps. And they told us that they don't have the records. We found this out on location when we were interviewing Renard and Dick DeGaran. And I spent hours on the phone with Ezra prior to that.
48 Hours
Post Mortem | Deputy Spivey on Trial
And I was surprised and I was taken aback when I heard that this was news to me. So I arranged another meeting with Ezra and I asked. I said, were you truthful about these phone calls? And he said, yes, I was truthful. I did not lie. I wanted to tell them everything Renard told me that evening leading up to the shooting. So he told me he was telling the truth