Dateline   |  September 27, 2013

Toxic, Part 11

And now, fireworks in the courtroom. The prosecution’s star witness, Holly’s ex-boyfriend, the jailhouse snitch is sliced and diced by the defense. Is he still believable?

Share This:

This content comes from Closed Captioning that was broadcast along with this program.

>> narrator: what in hecaven's name would holly mcfeeture's attorneys do about this.

>> she put something in his drink.

>> narrator: remember, just the mention of jamison kennedy sent holly into a meltdown. the next day it was the defense attorney 's turn to take him on. holly had regained her composure, she came back into court. the strategy was to pick up our kennedy 's story, expose him for what he most certainly was, a liar. like the bit about being tipsy. holly kennedy said had a glass of wine or two that night, while he knocked off an entire bottle himself.

>> you still have telling the jury here that holly was tipsy or drunk that night, right?

>> yes, sir.

>> when in fact it was you that was drunk that night, not holly ?

>> i think we were both, you know, feeling a buzz.

>> narrator: now this is the sort of moment a defense attorney probably lives for. listen.

>> were you aware that holly 's allergic to grapes and she can't drink wine?

>> no.

>> narrator: was this a man who could be believed when he said he had a real relationship with holly ?

>> he said he got her name tattooed on him and would not leave her alone.

>> how did she feel about this?

>> she was afraid.

>> and kennedy admitted that he got very angry with holly when he found out she was with another guy.

>> so angry that you grabbed her by the neck, you threw her against the wall, you punched her numerous times, that type of injury, right?

>> no, sir.

>> that didn't happen?

>> i do believe i pushed her only when she approached me to try to hit me, i think with a phone or to smack me. i just kind of stiff armed her away. i think she fell down. that was the extent of it.

>> really?

>> narrator: holly called the cops that night and said kennedy punched her five times. he had already fled, but she said she was going to get a restraining order against him. but before she could, he was already at her door. it was only then after she turned him in and he was in jail facing years in prison, burning one anger toward holly that he called his attorney to try to make a deal.

>> you say, charlie, get me the police, i got to help myself get out of this jam, i'm going to tell on holly , right?

>> also he was concerned she would try to put this on me.

>> oh, so now we got a conspiracy theory going hire that holly 's now going to blame you for the death of matt, is that what you're telling me?

>> it's just the attorney's recommendation.

>> narrator: this attorney who had bent over backwards to give him a job and a place to stay after his earlier conviction. and what happened? kennedy stole from him, and --

>> jamison threatened your life?

>> he threatened me, yes.

>> he threatened your family, also?

>> yes.

>> he had mental problems and was not stable, right?

>> correct.

>> according to the defense, not even the police believed kennedy . for two years, they did nothing about his allegations. and after those two years, when according to the defense, they couldn't find any other evidence, they put his story to the test, by or kchestrating that phone call to homimo holly by kennedy to try to get her to confess. this was something they had to hear.

>> holly .

>> yes?

>> do you know who this is?

>> yeah, hi, jamison .

>> narrator: holly was taken by surprise, hadn't heard from him in years. police of course were listening.

>> do you remember what you told me about the drinks?

>> the drinks?

>> the drinks of matthew.

>> what do you mean what i told you about that? are you trying to accuse me of doing something to him? is that what you're doing?

>> i'm not trying to accuse you of anything.

>> you're putting words in my mouth right now. because i never said any such words to you about everybody putting anything in his drink, i would never have done that. i'm not that type of person. he was the father of my children, we were supposed to get married. my wor .

>> narrator: holly didn't confess, not then, not ever. and kennedy was a sick puppy who saw an attorney to combine a lick revenge with a little self-help.

>> you're trying to tell holly confessed to you about this case, because it would benefit you, correct?

>> i know it's morally right, sir.

>> if you knew it was morally right, sir, you would have gone to the police on september 26, isn't that correct, sir?

>> i should have.

>> big morals, right? thank you very much, i have in further questions.

>> narrator: the prosecution said kennedy did not get a deal in exchange for his story. don't you believe it, said the defense, just wait and see.

>> in march of this year, he'll have five years in and he'll ask a judge of this court to let him out.

>> narrator: one more question to answer. if it wasn't holly , who was it? for that, the defense offered dr. robert fox , forensic pathologist. malt wasn't poisoned slowly over time , said dr. fox. the coroner simply made a mistake. all that pain matt suffered in the weeks before his death, that was from simple kidney stones , said dr. fox, nothing at all to do with anti-freeze.

>> is back pain a simple tom of ethylene glycol poisoning?

>> it shouldn't be, no.

>> narrator: this wasn't a case of chronic ethylene glycol poisoning, this was one large dose. the most likely person to somewhere poisoned him with a drink of that size was matt himself.

>> as to the manner of death, what would your ruling be?

>> probably be a suicide.

>> narrator: suicide by anti-freeze. a method more common than most people realize, said the defense.

>> who kills himself with ethylene glycol . what a horrible death?

>> not true, happens all the time.

>> there have been some fay cows cases, a retired football player, a writer for "saturday night live." why matt?

>> he had gambling debts, he was depressed, he wasn't happy at work. throw in experience of pain from kidney stones , throw in maybe they weren't having the best relationship at that time, that all adds up to suicide.

>> narrator: and at that, the defense asked the judge to throw out the charges against holly .

>> your honor, there has to be evidence, there has to be proof, there has to be something that the state did to show that holly was the one who did this. and it just doesn't exist.

>> narrator: for a moment, it seemed the judge might grant the motion, but no, he ruled, holly mcfeeture's fate would be decided by the jury. as