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john, you watch her for just one second, all right. >> they all started talking amongst themselves. and i do believe it was john who blindfolded me. >> and after you were blindfolded, do you remember any other statements? >> that still if i kicked or screamed or fought, that i would not make it out of the house alive. >> do you remember who said that? >> travis did. >> defense lawyers focus on the detail of the tape to make their case. they claim danielle's announcement that her hands were untied shows that she was joining in with the film. >> i don't think you're about to rope me. >> they had given her some specific threats at that point in time telling her she would be harmed if she's trying to get away. i think she's trying to make them understand, i'm not going to escape. >> there's a part where she reaches up and scratches her
>> christina and danielle, they were competitive against each other because they both had a crush on travis so they were competitive, a lot of tension in the air between them two. they didn't care for each other. >> the day after the alleged kidnapping, danielle called oklahoma avenue and spoke to christina and then to travis. she had an odd question to ask. >> let me ask you this, miss taylor, you, in fact, contacted certain individuals at that home after this incident took place. >> yes, i did. >> you mentioned my client christina lumm who was your friend in high school, correct? >> not friend. >> you spoke to her about the availability of mr. payea? >> yes. >> a potential relationship with travis? >> in a sense, yes. >> there were a lot of girls that were interested with travis but none of them had a chance. they thought they did. but they didn't. they just tried to get them to like him, tried to do anything. they tried too hard. obviously he didn't like that.
christina lumm, jim carwile, derek faxlinger, travis and jon cockerell. at approximately 11:00 p.m. we were just hanging out, having fun, you know, drank a little bit and supposed to just be a little get-together. >> quite frankly, it was one of the most repulsive, sadistic things i've ever seen in 24 years. >> within two months all the defendants have been released on bail until their case is resolved. but the prospect of life imprisonment hangs over them. >> abc 12's michael rosenfield spent the day in pierre county district court. he joins us for the story. michael. >> angie, this is the first time we have heard the victim in the case, 19-year-old danielle tyler.
>> the other defendant's cases remain open. jimmy carwile explains the charges he faces. >> felonious assault without intent to harm, that carries up to four years. there's conspiracy to felonious assault without intent to harm. that carries up to four years. there's kidnapping. that carries 25 years, and then there's conspiracy to kidnapping which carries 25 years, so altogether i'm facing 58. >> now that christina has agreed to testify for the prosecution, the closing moments of the tape as danielle is carried into the woods are even more critical for the defense. >> travis carried me down to the boat. i knew i was outside. it was cold. i could feel -- well, i knew we were stepping on snow but that's all i knew.
>> i think it's time. >> think it's time? >> yeah. >> all right. i get the honors, right? >> yeah. >> travis said that it was his kill. it was his turn to do it. then he managed to get over the hole and act like he was slicing my throat. >> where was the blindfold? >> it was on my throat still. >> and what did he do with the knife? >> he put it across my throat in a slicing motion. >> what did you feel? >> i felt blade but it wasn't like touching my neck really hard. >> congratulations. you're dead. welcome to the after-life. >> she's clearly acting because we know her throat wasn't slit. we know she's not dead. but she pretended. she acted. she went along with the play as she was doing all along. >> if a person thinks they're
>> the other defendant's cases remain open. jimmy carwile explains the charges he faces. >> felonious assault without intent to harm, that carries up to four years. there's conspiracy to felonious assault without intent to harm. that carries up to four years. there's kidnapping. that carries 25 years, and then there's conspiracy to kidnapping which carries 25 years, so altogether i'm facing 58. >> now that christina has agreed to testify for the prosecution, the closing moments of the tape as danielle is carried into the woods are even more critical for the defense. >> travis carried me down to the boat. i knew i was outside. it was cold. i could feel -- well, i knew we were stepping on snow but that's all i knew. >> shhh.
the week before the night that i stopped over there, they went through another skit with a different girl, went through this struggle scene and this and that with her. like, you know, i like movies but i don't know if i'm into that. so i kind of took off. >> the woman derek saw it happen to is sarah. the recollections of the events of that night differ. >> one day i just walked into travis' room and they just started wrestling with me and throwing me on the ground and just saying, you know, we're going kidnap you and blah, blah, blah. i'm okay, guys, really, i'm not in the mood today. this isn't funny. i don't want to do it. and they kept on doing it more and i'm like, okay, just stop. >> the reaction we got out of sarah would have been awesome to
lumm but danielle and sarah both had their eye on him. >> christina and danielle, they were competitive against each other because they both had a crush on travis so they were competitive, a lot of tension in the air between them two. they didn't care for each other. >> the day after the alleged kidnapping, danielle called oklahoma avenue and spoke to christina and then to travis. she had an odd question to ask. >> let me ask you this, miss taylor, you, in fact, contacted certain individuals at that home after this incident took place. >> yes, i did. >> you mentioned my client christina lumm who was your friend in high school, correct? >> not friend. >> you spoke to her about the availability of mr. payea? >> yes. >> a potential relationship with travis? >> in a sense, yes. >> there were a lot of girls that were interested with travis but none of them had a chance. they thought they did. but they didn't. they just tried to get them to like him, tried to do anything.
face danielle taylor at a pretile hearing in court. if convicted of kidnapping, they face a minimum of nine years and a maximum of life in jail. >> date and time set for preliminary examination, prosecution ready to proceed? >> yes, your honor. >> call danielle taylor. >> two questions lie at the heart of the case. did danielle know she was acting in a movie and was she taken from the house to the woods against her will? >> do you solemnly swear the testimony you're about to give in the cause now pending the truth so help you god? >> i do. taylor. >> spell your last name for the court reporter. >> t-a-y-l-o-r. >> your full name. >> danielle nicole taylor. >> do you recall whose home you were at in the evening hours of march 6th? >> travis payea. >> can you speak up. >> travis payea. >> and do you remember who else was present on the light evening hours ch 6of mar? >> yes, i do.
i mean i get the sense right out of the chute the girl was legitimately scared, and i didn't think she was faking. and i had to watch at it few times for it to really sink in. >> danielle absolutely knew what was going to take place that night. she was over at their house the night before. they had sat around and talked about having done this before and doing it the next night. >> i walked into the house, and they had the camera on. travis asked me to speak to the camera. out of the corner of my eye, i had seen something, and i moved to the other side of the room. >> jimmy. >> they started attacking me. they wrestled with me until they got me to the ground. i was fighting with them, trying to get away. i didn't manage to get away. one of them tied my feet together first.