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story of what happened but not the undercover dea tape that was nonsense, she said. the true tape, the one tha told the honest story of wha she went through that day back in 2008, was her recorded 9-1- call after she shot nissim >> oh, my god. oh, my god oh, my god >> that was the true cindy, th 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 gonna fire at me. so i fired and then i ran i panicked i panicked please help me >> sitting here on the witness stand, cindy swore her story was the same now as the one sh told the cops from the start that she was home alone when nissim showed up uninvited and attacked her >> he got aggravated and aggressive with me and h grabbed me by my shirt >> and it was at that point in
cindy carballo had made an impassioned case that she shot illam nissim in self-defense and under florida' stand-your-ground law, she qualified for immunity fro prosecution. >> he was going to kill me >> she sobbed and pleaded on the stand. now she stood quietly to hea the judge's decision >> the defendant's motion is denied >> denied. cindy, said the judge, faile to meet the legal burden of stand-your-ground case so, two years later, cindy wen on trial for murder. >> please be seated. >> now, prosecutors had th burden to prove her guilty beyond a reasonable doubt. >> the evidence will show that the defendant lured mr. nissim to the house for revenge >> listen to the dea tape, sai prosecutor abbe rifkin to th jury to hear not a victim, but calculating, cold bloode killer >> so, when i knew that it was going to be hard to catch him,
>> what secrets were stored on this tape? >> when he come out, i was ready. >> villain >> i just couldn't believe wha i heard. >> or victim >> hug your family kiss your children you don't know when you're going to lose them >> hello, and welcome to "dateline. as day turn tonight, a dar mystery unfolded on a stretc of sidewalk in miami, when a car pulled up and opened fir on a father and his infant son a widow was wrecked with grief desperate for justice. the shooting was caught on a security camera, but detective soon learned that the pictures only revealed a small glimps into this twisted tale here's keith morrison with "miami heat" >> it was dusk in miami.
he gets all the rest of th gunshot wounds >> the defense wanted to ask the lead detective, diana roman, just what she told cindy after her husband was murdered roman has denied ever tellin cindy to buy a gun, or congratulating her for takin out the trash when she kille nissim but here in court, the judge would not let the defense as about those things though she did allow questions about all those texts an calls. >> you told janepsy to sta close to him >> i asked her to maintain a communication that already existed there. >> but the big issue of course was that dea audiotape >> i knew what was gonna happen >> this tape is the one in which she seems to confess >> she's not confessing. she said that i shot that ma in self-defense. i thought he was armed it's not a confession. >> did he have a weapon on him when they found him? >> i think he did. >> remember, the defense argue that cindy was exaggeratin wildly when she talked to th
>> no. he was never our number on suspect. >> he was never a number one suspect. >> words words in court words on tape. which words would the judg believe? >> coming up - in a case full of twists and turns, one more. >> that blew my mind how do they assert that i wa pregnant by this man it was just disgusting >> when dateline continues ♪ ♪ it was time for a nunormal with nucala. nucala is a once-monthly add-on treatment for severe eosinophilic asthma that can mean less oral steroids. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. ask your asthma specialist about a nunormal with nucala.
recorded by dea informant john friskey, could put her away fo life for first degree murder but this being florida, she ha a shot at getting the charge thrown out the controversia stand-your-ground law. >> both sides are ready to proceed? >> if cindy could satisfy this judge that she had to us lethal force to protect hersel from illam nissim, she'd wal away free as a bird. if she couldn't? she'd go on trial for murder watching in the gallery, nissim's girlfriend, nikit roberts, and their daughter, imani. >> are there any witnesses the defense needs to call this time? >> cindy would be the first, telling the judge that yes indeed, a tape would tell th
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. >> the evidence will show that the defendant lured mr. nissim to the house for revenge. >> listen to the dea tape, said prosecutor abbe 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, the prosecutor said, she invited nissim to her home. miami-dade county medical examiner, dr. emma lew, demonstrated the path of bullets from cindy's gun into nissim's body. five shots, mostly in the back. >> gunshot wound a was on the right of his back. >> the day cindy shot nissim he
nissim's girlfriend, nikita roberts, and their daughter, imani. >> are there any witnesses the defense needs to call this time? >> 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 9-1-1 call after she shot nissim. >> oh, my god. oh, my god. oh, my god. >> 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 gonna fire at me. so i fired. and then i ran. i panicked. i panicked. please help me. >> 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 nissim showed up uninvited and attacked her.