A Mother’s Trial – the fifth estate

A Mother’s Trial – the fifth estate

♪ ♪>>Bob: On this edition of “The Fifth Estate”, the troubling story of two brothers from Ottawa, close and loving.>>Like, I remember at school, he would always talk about his brother, how much he loved him.>>Bob: With a high-powered mother.>>The fact that they were kids that had been in private school, kids that had travelled the world, that had known these high levels of Canadian government through their mom.>>One of the sons of the Canadian consul general in Miami is dead, another son is facing a murder charge tonight.>>Bob: How did these two Canadian teens get caught up in Miami’s deadly drug scene? One killed in a drug deal gone wrong, the other accused of being his accomplice.>>He could very easily spend the rest of his life behind bars. Yes, he could.>>Bob: For the first time their mother speaks out. Can she save the only son she has left?>>And that is why it is so, so gut wrenching for me, because it was my baby. It was my son.>>Bob: I’m Bob McKeown in Miami with the story of one Canadian family that found itself on this sunny city’s darkside. This is The Fifth Estate. (♪♪)>>Bob: For all its tropical splendour, Miami, Florida is more than fun in the sun on America’s ocean playground. It is also one of the most violent North American cities in assaults, armed robberies and homicides. You are 20 times more likely to be murdered in Miami than you are in Ottawa. So each morning the lock-up at the Miami Dade county courthouse is a busy place. Inmates in jumpsuits and shackles brought here for court appearances on every kind of violent crime, as well as the usual litany of south Florida drug offences. But on this day in May 2015, the headlines will be dominated not by a hardened criminal, by a boy from Ottawa with no previous record, barely 15, not yet old enough to drink, vote, or buy cigarettes. His name is Marc Wabafiyebazu. Someone else anxiously awaits what’s to come today. Marc’s mother, Roxanne Dubé. She is no stranger to stress, a senior Canadian diplomat. In fact, Canada’s consul general in Miami, now thrust into an international controversy that could impact her career and the rest of her son’s life. Roxanne Dubé says she still can’t believe all that has happened to her family.>>He came into court handcuffed, so in public I hugged him. He hugged me, and I didn’t know what had happened, and I– and especially knowing Marc, Marc is such a good kid. I think if he wanted to be bad he wouldn’t know how.>>One of the sons of the Canadian consul general in Miami is dead. Another son is facing a murder charge tonight in connection with a shooting in Miami.>>Bob: On that fateful day two months earlier, Dubé’s first born, 17-year-old Jean, was killed in that shootout. Her younger son, 15-year-old Marc, arrested as his brother’s accomplice.>>Police confirm the teens were in their mom’s car which had diplomatic plates.>>Bob: Even in a city where drug deals go wrong virtually every day, given Dubé’s political connections, this is a big story.>>Just checking, do you have –>>I’m afraid not, I think Mr. Ker — Mr. Obront is going to speak for all of us.>>Thank you.>>Bob: David Ovalle, crime reporter for the Miami Herald, has covered the case from the beginning.>>The fact that they were kids that had been in private school, kids that had travelled the world, that had known these high levels of Canadian government through their mom, I think it really sort of added this — what in the world are these kids doing and where was mom?>>Bob: As they grew up, Roxanne was right there with her sons, a star student, she met her future husband at the University of Ottawa, married, and had kids. The boys and their mom were a close-knit family unit, according to Ottawa friend Fred Fabi.>>The two boys, they really loved their mom, and Marc was actually kind of a momma’s boy in a way. Not in the way that he hid behind her and stuff, but I could tell that he liked the care that his mom gave him and stuff. And Jean loved and respected his mom.>>They were both brothers and buddies, Jean and Marc, two years between them, thrown together not only by birth but by Dubé’s career with Foreign Affairs. When she was appointed Canada’s ambassador to Zimbabwe in 2005, the boys arrived in Africa knowing no one else. According to their mother, that forged a lasting bond.>>When you are in the diplomatic circle and you are posted abroad, the ties between siblings tend to be very close because you have to maintain that unit. And Marc was always, whenever I would, I don’t know, doing cookies or something, he would say, okay, give me some and I’ll bring some to Jean as well.>>Bob: After the posting in Zimbabwe came to an end in 2008, they moved back to Ottawa, into a comfortable middle class neighbourhood on the capital’s west side. And both boys attended the city’s top French private school, Lycee Claudel, where many students are the offspring of diplomats and bureaucrats, generally a privileged mainstream student body. Classmate Youma Konatsote says they couldn’t help noticing Marc’s devotion to his big brother.>>Bob: What was his relationship with Jean, his brother?>>They were really close. I remember he always, like, he admired him, he looked up to him. I remember at school he’s always talk about his brother, how much he loved him and everything, and he said that he’s, like, his brother was the person he loved most in the world. I remember that. They were really close.>>Bob: Apparently Jean felt the same way.>>And Jean used to tell Marc all the time, and he was very much his protector, forever my brother’s keeper, I will always take care of you. And so that was a very exceptionally close relationship.>>Give me another pepper. This is the hottest one.>>Are you going to eat it?>>All right.>>No!>>Bob: And Jean was a popular guy on campus too.>>That was really hot. Ohh! I’m feeling it, whoo!>>Bob: Fun-seeker, risk-taker, even if only in a dare to eat hot chili peppers. Roxanne Dubé says she believes her older son was on the verge of something big.>>Jean was super-smart, very outgoing, very, very confident, and he had incredible success with girls. And all of that put together made him feel that there was nothing he couldn’t do.>>Bob: For Jean and his brother it was a charmed life, at least so far. They didn’t know it yet, but that was about to change. As Jean’s adolescence soon produced more than the usual teen angst and anxiety. As he turned 15, Jean’s boyish charm and confidence seemed to be morphing into something else, something darker, more dangerous. According to his pal Fred Fabi, he began intimidating his classmates.>>They were scared of him, and when I mean scared of him, but it was kind of just like for some people there was a line around him that you couldn’t cross. And he drew it. He tried to– he tried to put it out there. It’s almost like disrespect me you see what’s going to happen to you.>>Bob: It was an extreme makeover, not only at school but also on social media. The good friend and model brother, now a wanna be gangster, into booze, drugs and above all money. His mother calls it an identity adjustment.>>He was a young, black male, and the Internet has many videos about, you know, rap music with– who are a bit oblivion to the justice and suggest you could get rich fairly rapidly, and he would tell his friends, he’d say one day I’m going to be rich. He wanted more and more and more quickly. (♪♪) (rap music playing)>>And friends say Jean showed a growing obsession with gangster rap and the thug life it glorified. His Twitter feed featured a play list of videos like this one, with favourite rappers and recurring themes. (♪♪) (rap music playing)>>Bob: Guns, drugs, money.>>Somehow, somewhere, at some point I assume he must have decided that being like these people he read about was what he wanted to do, and I’m not saying rap songs create murderers. That is not true. But I’m saying maybe that whole culture started fascinating him.>>Bob: But it wasn’t just videos. By age 16 Jean frequently would stray from his elite private school, skipping class to come here, a side of Ottawa seldom seen, the public housing project called Cedarwood in the city’s south end. Cedarwood is notorious for gangs, guns and drug violence. Eventually Jean stopped going to school all together to hang out here. Jason Mukendi was one of the Cedarwood regulars. He told us he and Jean not only used drugs together but sold them. Then, he says, life imitated rap and they started robbing other drug dealers.>>We wanted to be rich. Like, that’s all we did with the money. We just bought clothes and stuff.>>What drugs did he sell?>>Cocaine, ecstasy.>>Pot?>>No.>>Bob: No?>>No, we smoked pot.>>Bob: Jean’s mother says she had no knowledge of how far down he had spiralled until he was charged with cocaine possession after a traffic stop in her car. Though his case was resolved with no criminal record, a desperate Roxanne knew it was time for drastic action.>>He was in circles where some of the people there were in the drug trafficking business, so both his father and I were saying, okay, come back. Hopefully it’s just a curve that we just, bloop, and we can come back, and in that context I saw Miami as an opportunity to take him out of that circle of friends and start afresh.>>Bob: Roxanne Dubé had been offered a new Foreign Affairs posting in Miami. She hoped a move to the sunshine state would be the golden opportunity to put her older son back on track. She became Canada’s consul general here, and when they arrived early in January 2015, it seemed to be everything she and her teenage sons had dreamed about. There’s no doubt they saw Miami at its best, with a rented home in the toney community called Pinecrest. Even Jean seemed to be on board.>>I had good conversation with Jean. I felt that he just as much wanted this new beginning as I wanted it, so I was starting to tell myself, oh, my God, okay, this is gonna work.>>She enrolled her 17-year-old son with his troubled past at Miami’s best private school, Gulliver, where she hoped Jean would get what he needed to qualify for college. Gulliver classmates like Daoji Yang seemed impressed by the new arrival from Canada.>>He was in my homeroom, and sometimes we came early, the door still locked, so, yeah, I was talking to him, talking about, like, life and future, like what he want to do, and he told me he wanted to be like a businessman.>>Bob: But exactly what business does Jean have in mind? For his diplomat mother, there was still the nagging fear of her son’s desire to put money above everything else.>>Entertaining and being increasingly seduced by this notion of making money. He wanted to– that he always wanted to.>>Bob: And it would all start coming together on March 29 at what’s called the Ultra Music Festival. Three days of electronic music and partying in Miami each spring, a scene for everyone who’s anyone, with drugs virtually everywhere. For Jean Wabafiyebazu, newly arrived from Ottawa, a place to meet people, perhaps to make a connection. When the Ultra Festival ended, Jean had an appointment for the very next day, March 30. After the break, a security camera will capture the final minutes of Jean’s life.>>Riot police. Hello, what happened there?>>Just shots. There’s people dead, shots. Come on, just get over here.>>Okay, you need to relax. What’s your name? (♪♪)>>Bob: Morning comes quickly in Miami, mere minutes from dark to daylight, and as March 30 dawned in 2015, Canada’s consul general Roxanne Dubé had no way of knowing her life was about to change forever. She was spending the day at home when her older son Jean asked if he could borrow her car to buy a book for school, he said, and for some fun with his younger brother before they both went back to class after spring break.>>And, you know, could he go with Marc to this place they always like to go sometimes after school where they sell wonderful wings, chicken wings, and last time, mom, last time before we go back to school, and we’ll be — we’ll be — last hurrah, we’ll go to see a movie. And off they went.>>Bob: As she watched her teenage sons drive away in her BMW with the consular plates, she had no idea what really was going on. That Jean had been asking around about where to get marijuana, a lot of it. As they drive, we wonder: What was Jean’s plan? How much did Marc know? And what role, if any, would Marc have? From their house in Miami’s upscale Pinecrest neighbourhood, it’s just a 10-minute drive to a seedy residential area where Jean pulls into this parking lot. This is actual surveillance video from a local security camera. It is 12:52 p.m. when Jean parks the BMW, backing in, it now seems clear, for a quick exit. Police say he’s here for a big marijuana buy. As Jean exits the car, he’s wearing a hoodie over a basketball jersey, with cash in the pockets of his jeans, an empty duffel bag, and, incredibly, two handguns concealed beneath his shirt. Then he heads towards a nearby apartment. Inside are 17-year-old drug dealer Joshua Wright and four others.>>They were, like, small-time dopers, you know. They weren’t– you know, they weren’t like kingpins or anything. There’s a gazillion kids just like them, selling marijuana small-time out of a house or something.>>Bob: Miami Herald crime reporter David Ovalle.>>All these kids were pretty much different worlds and collided in this spasm of ions. Even for here it’s just a bizarre story.>>Bob: The security camera will roll throughout 17-year-old Jean Wabafiyebazu’s final minutes, and the tragic sequence of events that could put his 15-year-old brother Marc in prison forever. Not long after Jean disappears, at 12:59, something gets Marc’s attention. There’s no sound on the surveillance video, but it seems clear it’s something compelling, likely gunshots. He listens intently, then follows his brother towards the apartment. We don’t know exactly what happens next, but the drug deal goes terribly wrong. Guns come out and two 17-year-olds apparently kill each other. Just after 1 p.m. there’s a desperate call to 911.>>Riot police, hello.>>Hi, excuse me, it’s an emergency, two people got shot.>>Two people got shot, ma’am?>>Yeah, please come.>>What happened there?>>Shots. There’s people dead, shots, come on, just get over here.>>Okay, you need to relax. What’s your name? (Phone hung up)>>Bob: After the shots, the security video shows an armed man, running to a vehicle. One of the drug dealer’s posse fleeing, followed by Marc, now carrying a gun in his left hand, presumably picked up at the crime scene. But watch Marc, he doesn’t shoot. Instead he looks through the window as if he wants to talk. As the car peels away, he appears confused. Minutes later, when the police arrive, he waves, seemingly relieved. Then drops the gun. Questioned at the crime scene, examined for gunshot residue. In these police photographs Marc seems to be stunned, whether by the shock of seeing his brother dead or dying or perhaps for fear of what awaits him.>>Chopper 4 video shows the scene shortly after 2:00 as police begin their investigation.>>Bob: He is about to find himself the central figure in an international news story. TV helicopters are already overhead, CBS the first on air.>>Miami police responding to a call of multiple people shot at a residence on the 3600 block of southwest 17th terrace. At least 2 people were transported to the hospital.>>And we saw a guy come out with a gun in his hand. It looked like he was shot in the shoulder, and another guy stumbling behind him, was shot in the stomach.>>What exactly led to the shooting is not known yet, but those who live nearby say they saw people shot and being transported.>>Bob: These images capture the scene inside the apartment that day. Abandoned guns, shell casings, Jean Wabafiyebazu’s basketball jersey with four bullet holes. The bodies, and everywhere, blood. Meanwhile, back at the house in Pinecrest, after lending her sons the car earlier that day, Roxanne Dubé spent the rest of the afternoon working at home, entirely unaware of what had happened just a few kilometres away. By dinner-time she still hadn’t heard from the boys, or watched the news. She tried to reach them by phone with no answer. Just before bed, she tried again.>>I placed a call, maybe 10:30, 10:50, something like that, and I tried both phones, and they didn’t ring. So I said, okay, well, they either are finishing the movie or they are on their way back. So I went to bed.>>When she awoke the next morning, she checked their rooms again, hoping against hope they’d already left for school.>>I saw that their beds were undone. I saw that their pack sacks weren’t there, and I said to myself, well, I’m going to drive by the school.>>Bob: But then the phone rang. A senior diplomat at the Canadian embassy in Washington, cryptically asking if her sons were all right. Eventually she was given a phone number.>>Called the number, and it was detective Garcia who is the lead detective on the case, and he said “I’m afraid I have bad news. I think we should meet. Do you want me to tell you now?” I said “yes” and he said “Jean is dead.” And I think at that point… I became in a state of shock, and that is why it is so, so gut-wrenching for me, because it was my baby. It was my son, and under different circumstances he would have been a wonderful young man at 25 years old. He was very much in a place where he could have been saved. But it happened.>>Bob: When we come back, she’d lost one son. Now she could lose the other, and soon she’ll find herself on trial as a mother.>>How is it that these kids managed to be running around Miami involved in drug deals and they’d only been here for a couple weeks?>>Bob: For a 15-year-old from Ottawa, his crucial day in court begins behind the razor wire of the Miami Dade court complex. On May 29, Marc Wabafiyebazu is perhaps the youngest inmate in the holding facility here. Shortly before 9 a.m. he’s brought from the cells to the defendant’s box. What’s about to unfold is what Canadians never get to see, cameras in the courtroom recording every moment of a legal proceeding where someone’s life’s at stake.>>All rise.>>All right, we’re here on the–>>Be seated.>>State of Florida versus Marc Wabafiyebazu.>>Bob: It’s been two months since that terrible afternoon in Miami, the drug deal gone wrong leaving two men shot to death. Marc, brother, 17 year-old Jean and drug dealer Joshua Wright, also 17. Marc’s been under arrest ever since, charged with felony murder, essentially accused of being his brother’s accomplice in a plan to rob the drug dealer.>>The video surveillance footage, your honor, supports the state’s theory that the defendant is a principle to this armed robbery. The defendant is acting as a lookout.>>Bob: Technically it’s a bail hearing, but both sides will reveal their strategies. The case against Marc is that he was a participant in his brother’s plan, either a lookout or a get-away driver, and therefore equally guilty in the death of the drug dealer. The defence case is Marc had no knowledge about the shooting and therefore can’t be held culpable. So is he an accomplice or just a bystander? It is the fundamental issue in this case. And it will hinge on a confession allegedly given by Marc after he was taken to police headquarters, kept handcuffed for hours. Then told his brother was dead. The key prosecution witness will be the rookie policeman assigned to drive Marc to the detention centre that night, officer Juan Velez. He describes Marc as emotional after getting the news about his brother.>>He was just upset because he had just found out that his brother had died.>>Okay.>>Bob: Officer Velez claims that after hours of silence at the police station Marc blurted out everything to him, 23 separate facts about the case, Velez says, in a 2-minute drive.>>You know, it was a job gone wrong. He tells me that his brother was smart and that they’d done this on numerous occasions and that — I mean, it wasn’t supposed to go like that, and you know, they were there to rob from them, the narcotics.>>They were there to rob the people of their narcotics?>>Yes.>>Bob: But the alleged confession was not recorded on video, and Juan Velez admits he told Marc nothing about his right to remain silent or to get a lawyer. In fact, the only video that does exist is this ubiquitous footage from the parking lot next to the drug dealer’s apartment. Remember when this shows when Jean leaves the car Marc is waiting in the passenger seat. Strange if he’s supposed to be the get-away driver. What’s more, if he’s the lookout, he’s unarmed. By the time he hears the gunshots and goes in search of Jean, his brother and the drug dealer already are mortally wounded. When Marc emerges with a gun he apparently picked up at the apartment, he isn’t seen firing it, let alone killing anyone.>>What do you see in his movements?>>A confused child. He was not a lookout. I can tell you that. And then he heard the gunshot. He didn’t know what was happening. He didn’t know what to do, so he came out of the car, looked around, looked at the fence, came back into the car. He had no role.>>Bob: Defence attorney Curt Obront maintains that Marc’s actions simply don’t meet the legal definition of the crime.>>The person is not a participant in the underlying criminal conduct, then they are not guilty of felony murder.>>Bob: So presence alone is not a characteristic that would absolutely qualify somebody to be charged under the felony murder statute?>>That’s right. Being there, and even with knowledge that a crime is being committed isn’t enough. You have to be a participant.>>Bob: So was Marc a participant? Judge Teresa Pooler chooses to believe the police version of events that day.>>Based on the statements made to officer Velez, as well as the other evidence in this case, this court finds as to the charges contained in the indictment regarding Mr. Wabafiyebazu, the proof of guilt is evident.>>Bob: The proof of guilt is evident. In other words, the judge believes the testimony about that alleged confession is enough to send the Ottawa teenager to trial for murder. The question now: Should Marc Wabafiyebazu be released on bail while awaiting trial? Or kept behind bars for months? Or even longer? With one son dead, the other under arrest, when Roxanne Dubé takes the witness stand, she seems on trial herself, about to face relentless questions about her role as a mother.>>Thank you, judge.>>Good afternoon, Ms.Dubé.>>Good afternoon.>>Bob: The court hears that 17-year-old Jean somehow acquired cash and guns for that marijuana buy on March 30. What did Dubé know about that?>>Were you aware that they had firearms?>>No.>>Do you have any idea where they would have gotten those?>>No.>>Did you ever see any firearms in your home?>>No.>>Bob: And the prosecutor hones in on her knowledge of when her son skipped school. Not only Jean, but 15-year-old Marc too.>>For example, when Marc was not in school and he was not in class, did you know where he was?>>I would say most of the time I did.>>Bob: It may seem a minor point in a murder case, but to many: Do you know where your children are, is the litmus test for parenting, and Roxanne Dubé seems to be failing, both in court and public opinion.>>I think any parent would wonder, well, you know, why weren’t the kids being supervised more?>>Bob: Crime reporter David Ovalle was in court for Dubé’s testimony.>>How is it that these kids managed to be running around Miami, involved in drug deals, and they’d only been here for a couple of weeks? So I think there was sort of a real sense of, you know, almost– I wouldn’t say outrage, but there was a sort of sense of, you know, how was it that she allowed her kids to sort of run all over the place.>>Bob: And the judge evidently feels the same way.>>She was not aware of the amount of time that they had skipped school. She did not know where she obtained $2800 or more money to get involved with this drug deal. She did not know where they would obtain guns.>>Bob: It is not going well on the stand, but Dubé’s mission now at the bail hearing is to convince the judge to give her and her son another chance.>>Marc is the son that every parent would want to have, but I’m just lucky that his father and I have him. He’s a good boy. He never had any issue whatsoever with behaviour in school.>>Bob: The key remaining issue is flight risk. She pleads for Marc to be given house arrest with her rather than remain in detention alongside hardened adult criminals. She insists she would never flee back to Canada with Marc.>>I will keep that word.>>You know, this notion that I might flee, why would I want to do that with my son? Why would I want to do that? He would be into the criminal record forever. So would I. My diplomatic career would be over. And for what? When I know that all of the evidence we have before us will prove his innocence. That’s my view.>>Bob: But the prosecution argues that even at 15 Marc should be denied bail because he’s a foreign citizen and extradition from Canada would be difficult if not impossible. Finally the judge gives her decision.>>It seems to me it is highly unlikely that if Mr.Wabafiyebazu were to flee to Canada that the United States would ever be able to bring him back and bring him to whatever justice is necessary in this case. I would also like to say, so, under those circumstances, clearly I am denying him bond.>>Bob: For Roxanne Dubé, a stinging rebuke of her as a mother, and the kind of recrimination any parent might feel.>>She literally rubbed salt into a very open wound, which is the guilt. Because I was guilty. I had missed, intuitively I should have seen something. I should have been more firm.>>You can critique the level of parenting or the control that she had on her kids, but you know, no one wants to see, you know, their kid get killed. Whether you’re a diplomat or you’re just an anonymous, you know, mother in Miami, you know. Everybody has a mother that loves them, and nobody wants to see, you know, basically two lives destroyed, an entire family’s life destroyed.>>Bob: When we return, if found guilty, what might be the future for Marc?>>We don’t have the death penalty for kids, for young kids. It’s just not going to happen, but he could very easily spend the rest of his life behind bars. Yes, he could.>>Bob: For six months it’s been one family’s nightmare, two brothers torn apart, one dead, the other fighting for his freedom. Early in November, friends and classmates from Marc Wabafiyebazu’s school in Ottawa, Lycee Claudel, came together, horrified by the harsh reality that the 15-year-old could receive a life sentence in Florida.>>Marc was loved by all his friends and we miss him terriby. Please give us the opportunity to be part of his life again and release him to his community while he is awaiting a just and fair trial.>>Bob: More than 100 people would sign a petition that evening, asking Florida authorities to send Marc back home. But that would require an act of clemency rarely found in Florida courts. The state of Florida tries more juveniles as adults than any other state in the U.S., or other Western countries. What’s more, the vast majority of those juveniles are ordered treated as adults unilaterally, without judicial approval, by the very prosecutors trying to put them behind bars in the first place. In Marc’s case, possibly for the rest of his life.>>What does it take, though, for a 15-year-old who’s in that position to be tried as an adult?>>Well, unfortunately for the 15-year-old, it’s not going to take a lot. It really isn’t, because our laws here in the state of Florida are very, very, very strict, especially when it comes to– to murder.>>Bob: Joe Shiliccie spent 30 years as a homicide detective and narcotics agent in Miami he says Florida’s Justice System is specifically designed as a deterrent, making examples of kids like Marc Wabafiyebazu.>>We don’t have the death penalty for kids, you know, for kids, for young kids. It’s just not going to happen, but he could very easily spend the rest of his life behind bars. Yes, he could.>>When I first got to adult court, my first plea offer was 15 years. Being 16, that is scary.>>Bob: In Florida it is so systemic that the international organization human rights watch published a report citing the lifelong consequences for thousands of children tried by the state as adults every year, effectively branded as adult felons forever, often for low-level offences and non-violent crimes. And the United States is the only country in the Western world to sentence children to life in prison. Now Ottawa’s Marc Wabafiyebazu, charged as an adult with felony murder, could be one of them.>>Bob: When you visit Marc, when you talk to his mother, what can you say to them in a situation like this?>>Keep the faith. And I believe that they do. That’s what, in my humble opinion, keeps us going, faith.>>Bob: Even if it’s a system that has charged this 15-year-old, could put him in prison for life.>>That’s right.>>Bob: As Marc’s lawyers work on a possible plea deal, he continues to await trial in custody. Not in Miami’s juvenile detention facility but at its main county jail, the one with over 1,000 inmates behind its walls, every kind of offender. And while Marc remains locked inside here, the case against him in court gets even more grey.>>Two drug dealers who were involved in a shooting that left the son of a Canadian diplomat dead and his brother charged with murder won’t be heading to jail.>>Bob: The two surviving drug dealers in the shootout on March 30, one ran the drug house, the other brought the drugs, had their felony murder charges dropped for pleading guilty to one drug offence a piece and for agreeing to testify against Marc.>>In my experience in a case like this, my sense is, you know, everyone sort of plays the game and going to depositions and doing this and that.>>Bob: Veteran crime reporter David Ovalle says it’s common strategy for prosecutors to demand the toughest sentence but settle for something short of the maximum, perhaps boot camp, house arrest, and probation.>>So I can’t imagine that he’ll be doing life in prison. I think he’ll probably– if a plea is struck down the road, I imagine it would be definitely a few years, maybe some sort of– you know, they have youthful offender programs and stuff like that.>>Bob: But for Marc’s mother, the thought her younger son could be taken away for years after losing her older boy forever is too awful to bear. She insists Marc’s innocent, but told the court she’s willing to consider some middle ground.>>Do you think that there’s any suitable punishment in this particular case at all, or do you believe because your child is innocent that there is no punishment?>>I could see that he might benefit from some kind of boot camp or some place where he needs– he can go and think and be kind of in a more rigorous system. Six months, a year, I don’t know, I would think that would be reasonable.>>Bob: On leave as consul general, Roxanne Dubé speaks with Marc each day and visits him every week.>>I’ll be here and I’ll just wait to hear from you. Okay? [Laughter]>>Grosse cerre. Je t’aime beaucoup Okay, bye-bye>>Bob: Though he’s among the youngest at the county jail, she says he often counsels other inmates, especially other kids.>>And he has shown an incredible ability to adapt because he has countless times shown to me that he has compassion for the other people who he lives with.>>Bob: And from the beginning she says he’s comforted her as much as she has him.>>And that day, it was only the second day, he said: And how are you? And I just felt how can he wonder about me when he’s going through such an ordeal.>>Bob: Recently friends produced this video memoir of Marc’s big brother Jean, still trying to come to grips themselves with what happened and why.>>The one moment that I thought was very poignant was his defence attorney gave him a picture of his brother, and he was just sitting there in the defendant’s box, just sort of looking at a picture of his brother, very wistfully, you know.>>Bob: This is that picture. It is likely no one remembers or misses Jean more than Marc.>>It was sort of a poignant moment because there’s no one else in the courtroom. You know, just looks like a kid still, you know?>>Bob: It is the tragic tale of a family from Ottawa, one son gone, another fighting for his freedom, a mother lost in the trial of her life. ♪ ♪

100 thoughts on “A Mother’s Trial – the fifth estate

  1. Knowing her kids have drug issue, yet she gave them money and car so they can roam around the city. You see the issue here?

  2. She should have raised her kids instead of worrying about her career.

  3. in one word : D E T A C H E D

  4. Its quite obvious what really happened and video proves Mark's version of what happened. As well known about Florida Justice system, they have a belief in stopping juveniles from any major crimes by not allowing their age to be a factor of leniency. But why does prosecutors and Judge seems to be having some personal grudge against Mark and his mother? I don't know whether it is because of them being Canadians or is it due to Roxanne Dùbe's high stature and standing in society or Diplomat,

  5. These kids are disgusting, they had everything, great opportunities and vasted it for what? Disgusting drugs? While others fight tooth and nail to get quarter of the things they could've had from birth…

  6. I wonder how many times her babies crap was covered up.

  7. He had no role, he was on his way to church

  8. No problems in school cause he was out stealing and killing

  9. Maybe the BMW wasn’t a good idea for seventeen old fifteen. Kind of gives that protected feeling I would imagine

  10. Ok so what's the verdict?

  11. The judge is heartless and clueless!

  12. They've robbed drug dealers many times and this time it went wrong. Hardly innocent. But it wasn't enough for 'felony murder'.

  13. Lol poor guys wanna be rich, and rich guys wanna be poor thugs.

  14. Miami to take him out of gangs lol?

  15. Caught with cocaine and no criminal record….oh my, isn't our justice system just devine?

  16. This Diplomat lady doesn’t even know here children. Sad that you focus with power but not with your children upbringing. MONEY IS NOT EVERYTHING.

  17. Where's the father in all this

  18. hey ! isn't that investigator from the first 48 ?! i love him

  19. I live in Ottawa… I know a lot of Miami, cause, Florida. Wrong move, wow

  20. It is strange that this is blocked in the US, Canada and Mexico. In the US there is not supposed to be censorship. One must change one's location to the UK to watch this. That is very disturbing. I need to find a place to post this for Americans to resist censorship. It is a matter of principle.

  21. She doesn't seem too bright. How did she get to be a diplomat?

  22. Its unfair ..!

  23. Oh😡 let’s blame the mother, so easy to do because the father left! So has no responsibility 😡😡

  24. So Dad leaves and abandons the family on time of grief shock and what the other son is doing so tear mom to pieces and blame her for it all! Good god how do certain District Attorneys sleep at night! Dad isn’t even present in court nor is he even asked about by the Narrator! What a POS that dad actually I mean sperm donor is! I feel awful for the mom and the living son. So unfair what they’re doing to him as the two other drug dealers are free and are we sure that both dead boys shot one another? Or was it one of the drug dealers who are free today? Easy to blame the other dead guy as he isn’t here to defend himself or even say what happened that day!

  25. I have to agree with the comment below. Where was the evidence that Marc was involved in the murder…you could see the video that he was not even close to that building in which his brother was.
    The judge in my case didn't even want to see the video evidence or mentioned anything about it.
    Sure in some way the mother should have been more controling with her son's, because of his past with drugs.
    I hope that he gets back to his mum. Pitty that there is no follow up to know what has happened later.
    Thanks for the upload 😉

  26. And the father?????????

  27. The mother looks like a right emotionless ding bat

  28. i don't believe a word that cop says. he looks emotionless and like he rehearsed it??

  29. I have one question. Where is the Father of the Boys?

  30. she is trying to cry to look like what mother should be behaving like.

  31. For all who are wondering about the father



  32. Why didn't the school let the parents know if the child is not in school

  33. This woman is the definition of naive and this kid was born rich so he wasn’t chasing money. Guh

  34. from 1 drug culture to the next

  35. what happened to mark kelly?

  36. Doesn’t matter if someone is rich or poor, a doctor or an addict, black or white there are good & bad ppl in all walks of life! Never judge a book by its cover everyone has their own story & we have different souls some bad & some pure💗

  37. she failed as a mother 100%

  38. That Judge is not a mother…

  39. Where’s dad????

  40. This is why america is so rotten

  41. No matter what happens, one persons word against another’s should not be taken for gospel!

  42. reminds me of the diplomats son that spray painted cars in singapore… then got cane lashings for it.. tried to claim diplomatic immunity.
    doing drug deals in a car with diplomatic plates… she should not be in that position anymore.

  43. So they turned out like daddy?

  44. Okay, so let's recap:
    – she's a privileged white diplomat from Ottawa, speaks French and British English, but the kids are black… Hmmm…
    – it is not required, but would it hurt if the slow-churning turtle-paced program would mention the kids' biological father?
    – the photo tribute to the fallen bro was nice, I guess, but would be also nice to know if he got the jail time or not.

  45. I like these videos up to a point.
    Where are the endings?
    No conclusion makes for bad journalism.

  46. I live in W-Europe and I was dumbfounded when I heard her say they'd move to Miami. She or another adult should always have known where the brothers were and what they were doing. I was a common working single parent and I had to know that too of my children. At least until they became 18.

  47. Why does the judge look like that?

  48. low-level crime how is that even justified, small offences ,crime is crime! Today it often the teenagers telling the parents what to do and becoming aggressive with their parents, until it all goes wrong! Not easy today having children, so much bad influence all around us….just getting worse

  49. How can the US government say, you can't vote you're not an adult then the next minute be tried as an adult?

  50. for a mother to lose a son and the other going to jail she's doesnt seem bothered to talk about it

  51. I honestly think that judge is unfair and biased. I feel like when it’s a murder charge, everyone wants to ‘get justice’ and are willing to believe anyone did it. I wholeheartedly believe he had no knowledge with what his brother was about to do.

  52. So a mother is blamed for having a career and as always the dad has no responsibility towards the children? I thought they were both parents. So a father has no responsibility towards the children he made? 🤔 Also this young boy is innocent and the judge couldn’t care less wether he’s guilty or not, she just isn’t bothered.

  53. So the United States are the only nation to sentence children to life in prison. I wonder how many of these children are black! 😡

  54. I wrote a novel of a comment earlier, but really want to say…Fifth Estate, I am disappointed in you. This seems like a puff piece to drum up public sympathy for the courts. Ironically I came home, from an outing where I recommended Fifth Estate shows to a friend, and then watched this.

  55. That judge is disgusting in every way

  56. Guilty. Women horrible is well…

  57. Where is the father?

  58. The mother of two teens should worry about the car before the morning after the kids went out with that car.
    On the other hand no one child should be sentenced for the life and any child should be given a second chance, after a long period of rehabilitation.
    It's a shame that a similar legal arrangment does'nt exists in the Usa.

  59. It seems she was a very absent mother.

  60. Does the mother have hearing problems cause the way she talks like she has language issues and delusional

  61. Awful judge.


  63. Why does she sound like The Waterboy?

  64. "He was a young black male". This woman is abit thick. Im sorry for her loss, but she seems very deluded.

  65. This seems so surreal

  66. Any update on this story? Thanks

  67. If he looked like his mother thr outcome would have been different!

  68. The Brothers were way to close, even in Crimes…

  69. These 2 brothers had nice and educated well off mother, nice house and school, nice life and chose to be one more Black Criminal! Ungrateful Kids👎Thank God their drug dealing life was short because, if they succeeded they would be damaging other peoples lives!

  70. The judge is sick! The boy looked confused and I don't think he did anything or killed anyone ! Good God! The mother is guilty of spoiling her kids, I don't understand how a mother can go to bed before her kids come home ! A home that they lived for few weeks!!! What kind of a mother is she ? But still that doesn't give the judge with massive ears the right to decide the guilt of the 15yo kid !

  71. May be I am old school but isnt this also parent's failure..? We have an 18 and 15 year old at home and we do not let them go alone with the car. We drop and pick them up wherever they want to go with no exception and we have to know people they are meeting. How hard is it to do this. I am sorry if I offended anyone by my comment.

  72. So, what happened to the rest of the people involved in the shootout? Like the ones who was seen driving off from the scene? Did they solve the case? Or this is just about the "mother's wrong" way of child-rearing? Yeah, I read about Marc's plight after all this chaos, would be nice if we all see the rest after all this took place 4 years ago.

  73. She have no idea about Miami its one of the worse place in US when it comes to drugs and murder.. Mark is innocent that judge just jump to conclusion that he is guilty even he don't really know what is happening inside..

  74. In case if you wonder what happened, here we go…. The story has a happy ending.
    He received 8 months Bootcamp and 2 years house arrest and 8 years probation.
    I think it's the right decision… Better than imprisoning him forever.

  75. U can't follow kids all the times, cos some kids are dubious and calculative of their parents movement. Kids will calculate their parents every when they want to be evil.

  76. Where is their dad, did I not see a black man as a dad standing in a picture. why is he not in the dock…..the mother is been buried alive while he hides in the back ground. come out from where u are hiding dad!!!!!!

  77. Eventhough I'm Canadian I never paid attention to this case at all on TV. I have no interest in case about drug deals gone wrong. This popped up on my feed a I decided to just watch the Episode until I completed dinner. I have to say that this mother & child is going through targeted by the Justice system.

    From the surveillance camera you can see the younger brother had nothing to do with murder.

    This is a lesson for all youth

  78. WTF kinda mothering is this, she acts as tho she's on drugs!!

  79. Good heavenly lord, that mother has the crazy eyes.

  80. Being "lookout" is 100% being involved in the crime.

  81. Poor kid is suffering the loss of his brother and the consequences of his brother's decisions. I read immigration deported him back to Canada after attending boot camp where he thrived in. The best possible outcome in my opinion, I can't believe how many people are trying to put him behind bars! That would force him into a horrible lifestyle, he still has the chance to change his life around. Good luck Marc.

  82. Don't get caught up in drugs then you won't have to go through this!

  83. Marc appeared to be a bystander- perhaps not 100% innocent, but a trusting naive young man who looked up to his brother. Teenagers – in this case Jean – are cunning and duplicitous and very very capable of manipulating adults who are busy, trusting and loving. judge needs to think long and hard about this. Video shows a confused and bewildered Marc. Poor mum – she is not the first parent (and won't be the last) to loosen the grip on the umbilical chord and to believe that her children are trustworthy.

  84. The mother – the mother – where is the FATHER!!

  85. What accent does she have it isn’t any kind of Canadian to me

  86. The mother in this program , mh no comment, not so smart 😳. And where is their father ?

  87. 15 going on 45

  88. Adopted kids?

  89. https://www.cbc.ca/news/canada/marc-wabafiyebazu-deported-to-canada-1.3778131

  90. greedy punk

  91. I am but I am not sorry for what man kind is.

  92. The more rappers gone the better the world is. It only causes destruction anger and ignorance.

  93. I am sorry for the kids. But rap is evil.

  94. He knew there was a crime being committed.

  95. Is that judge a human being?

  96. The guy was probably most innocent of all. Those are the ones that get life. The repeat offenders get light sentences,

  97. Why, why why? What a waste! Those kids had everything going for them… very sad.

  98. Being born into wealth only buys access to better options and in many cases, when wealth is often synonymous with intelligence, just minimizes the chance lower-stakes wrongdoings will be caught and rectified early. Children should be cautioned against the dangers of society, regardless of your parent’s income.

  99. what's the song?

  100. Honestly, this young boy and his brother were just figuring out growing up. Not bad young boys, just trying to figure it out. Unfortunately a mother these days have to work, neglect maybe but society caused this. A person only has so many availability to be everywhere in one place. This judge has obviously had a luxurious life. This is a child who got caught up in something he wasn’t developed enough to understand! Where is the protection for a young person with a young undeveloped mind?? No judge, would ever do this to my child, who haven’t even had the capability to have an adult understanding.
    These for once weren’t bad children, they were children who got caught up with some they weren’t equipped for!

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