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[woman] There's absolutely nothing to do around here.
So, instead of doing drugs, I go out in the woods.
Even though people think that I'm cra… [laughs]
I probably do look crazy out there digging for rocks.
But I… I really like looking for rocks and fossils.
I think it's cool, so whatever.
[grunts]
I have some cool fossils except for the one that turned out to be dog poo.
[chuckles]
[Brittany humming]
I look for just a few different types of crystals.
Healing powers, your chakra.
It helps me clear my mind.
[ominous music plays]
[Brittany] I was arrested for murder.
The man was in my home.
I did what I thought I had to do,
what I did have to do, no doubt in my mind.
'Cause If I wouldn't have, my brother and I would both be dead right now.
I'm ready for my Stand Your Ground hearing.
If they let me tell my story, I believe that I'll win.
[ominous music intensifies]
[woman] I've covered Stand Your Ground cases before,
and almost all of them, they were men.
Stand Your Ground is a self-defense law in Alabama.
[types on keyboard]
And so, the police may go to a scene, you know, find that someone's been killed,
and then they'll just say it was justified.
And they often dismiss cases.
In Brittany's case, she was charged with killing a man
who she accused of raping her.
And, if she is convicted, she could face up to life in prison.
And so the most compelling thing to me was,
"Are women able to use the system to defend themselves
in the way that men are?"
[ominous music plays]
[upbeat music plays over phone]
♪ Have a good time ♪
[Brittany laughs]
[woman] I have two kids.
-There's my lovely brother. -[woman] Brittany and Chris.
Say hi, Chris!
Their father and I divorced when they were four and eight.
I was a single mom.
In Jackson County, it's hard to be a single mom
because there's not much financial assistance whatsoever
for a single mom.
I worked anywhere from 12 to 16 hours a day,
sometimes more if I could get more in, you know.
But we ended up living in the projects.
[dramatic music plays]
Brittany, she was smart as a whip.
I mean, that child could pass a test, any test,
without ever even crackin' a book.
She was just really a honor roll student.
Brittany got married. I guess she was 19.
And then her husband left and went back to his mom's.
They got back together, they separated, they got back together.
I quit keeping up because it was just like,
"Just let me know how many plates to set," you know, or… [laughs]
She has four kids,
and she's had some hardships being a single mom.
Trying to work, trying to take care of the kids,
and then depression, it really hit her hard.
When Brittany had Baby Will,
Baby Will had, uh, Potter's syndrome.
It… it's a genetic disorder.
He just lived 45 minutes.
[dramatic music continues]
When she lost a full-born child, Brittany went out in left field
and found peace somewhere else with addiction.
Oh, it's raining.
It's gotten really bad in Jackson County, as a whole, with the drugs.
And it wasn't that way when I was a kid, you know, growin' up.
When I noticed my daughter started lookin' like a toothpick…
She started hanging out with different people--
[woman on intercom] Can I take your order?
Do y'all want anything?
You good? Um…
I need two sausage, egg, and cheese McGriddles.
-Thanks. -[woman] Have a good day.
You too.
But, um, anyway, um, it was just one hell of a ride.
I'm just gonna tell you.
[somber music plays]
[Brittany] I started using methamphetamine.
And then, just a few months in, I lost my kids.
My world was gone.
[Ramona] When she lost child custody, she hit rock bottom.
We did support and help her as… as much as we could.
And she struggled. She relapsed a couple of times.
[birds chirping]
But she pulled herself back up.
[water dripping]
She did get clean, and she stayed clean.
And, I mean, she was workin' at a home, doin' good.
And on January the 10th of 2018,
Brittany had a home evaluation done on her home.
Made sure everything was safe for the kids, and, um, she passed it.
The lady told her she was proud of her.
-Wow! -[Ramona] Brittany was super excited.
We had waited so long to get these kids back.
So you had a good time, huh? Which one was your favorite animal to see?
[girl over phone] The llama!
The llama? Did it try to spit on you?
[Ashley] Brittany was looking to buy a puppy.
[laughs]
She wanted that puppy for the kids.
Todd Smith, he was a pit bull breeder.
She had met Todd back in, like, high school days.
[dog barking]
Brittany arranged with him to purchase a pit bull puppy, which she did.
It was only just a couple of days later that the shooting happened.
[car engine revving]
[ominous music plays]
[Brittany] I get a call from Todd asking if I would come and get him from the park
because his ride had dropped him off, and they wouldn't come back and get him.
So I told him, you know, "All right, we'll come and get you."
"You can stay on my couch for one night, but tomorrow you have got to leave."
"You can't just hole up at my house. It's not a crash house."
"I'm about to get my kids home."
[ominous music continues]
And we talked for a little while.
And I wasn't trying to brag, but I was like,
"You know, I'm working. I'm about to get my children back."
"Things are looking forward for me."
And then…
[sighs]
…I don't know what happened. Something snapped inside of this man.
And he jumped up and started screaming at me.
And he headbutts me.
[ominous music intensifies]
So I take off runnin' through the hallway to my bedroom, and I slam the door.
And, um, he busted through the door and tackled me on the bed
and started choking me.
And then I saw black, and I thought,
"This is what it's like to die. God, please don't let me die."
And, uh, I woke up, and I peed on myself.
And my pants are off,
and he's raping me.
And he's still choking me.
[sniffs]
And he says, "If you say one F-ing word, I will kill you." [sniffs]
He said, "If you even breathe wrong, I will kill you."
[ominous music continues]
Brittany called, I guess, about 12:40.
And she said, um,
"Mama, will you bring me a pack of cigarettes?"
And I said, um,
"Baby, I don't have any money till Wednesday or Thursday," you know?
And, uh, she said, "Mama, I've got money."
She said, "Just… just get over here and take me to the store."
'Cause we were down to the one car, you know.
I was so tired.
I had worked that day.
It was freezing cold and snowin'.
My hair was wet, and I was like,
"Chris, can you just go take your sister to the store to get some cigarettes?"
[Chris] I'm a little bit irritated because I'm tired.
But I… I get up, and I head to Brittany's house.
I thought it was just gonna be me and her going to the store.
But then Todd comes out behind Brittany, and Brittany gets in the front seat.
[bell dinging]
[train honks]
Brittany was not talking as much, but I didn't pay much attention.
I drive over into MAPCO.
While she's in the store, me and Todd are talkin' in the car.
[woman] I was taking care of a customer, and Brittany comes in.
She is, like, all out of sorts.
You could tell she looked like she'd been in a fight.
And then I'm like, "What happened to you?"
And then, as soon as I said that, she was like, "Shh."
You know, "Don't draw any attention."
And that's when she started telling me what happened to her.
[dramatic music plays]
That she was being held hostage,
that she had been raped, beaten by Todd Smith.
And I was like, "Just stay here. Like, get in this room."
And she said, "I can't. My brother's in the car."
"If I don't go back out there, he's gonna hurt my brother."
[tense music plays]
[Chris] After a minute, she comes out,
and I go to pull off to take them back home.
[tense music continues]
Todd gets out of the car first and starts to walk upstairs to go in the house,
and Brittany, before she gets out,
she tells me that I need to go back to the MAPCO to talk to one of the clerks.
[Paige] He was clueless. Like, he had no idea.
And I started tellin' him, and he was like, "What?"
[tense music intensifies]
[Chris] So, I'm driving back over to the house.
I always had my pistol right here on my side.
I… I went in the back door,
and… and Todd's in the kitchen, gettin' something to drink.
I told him that he needed to get his stuff and leave.
He's just standing there, not movin'.
I just wanted Todd gone.
I put my gun on the counter
and try to physically remove him from the house,
and then… then that's when the fight started.
[tense music continues]
[Brittany] I run into the kitchen, and they're fighting.
And Todd has my brother, choking him out.
I picked up the gun, and I said, "Todd, stop."
"I don't want to have to shoot anybody. Please let my brother go."
And he wouldn't, so I fired the gun.
And nothing happened.
And so I shot again.
With the third time, my brother and him fell down.
[tense music intensifies]
[operator] Jackson County 911.
[Brittany] Hi. I need an ambulance. Someone just, um, got shot.
[operator] Where's the person that shot him?
[Brittany] He's right here with me. He's my brother. He's not going to jail.
He's like… he was trying to protect me.
[tense music continues]
What the fuck do I do? Please help me.
[operator] Okay, you're gonna pump his chest hard and fast 30 times.
[Brittany cries] One, two, three, four…
Please send an ambulance. Please.
[operator] They're on the way and comin' as fast as they can, okay?
-[siren wailing] -[Brittany] Okay. I'm going to the road.
-[Brittany] In here! -[officer 1] Where… Who's the shooter?
-Who's the shooter? -[Brittany] It's my brother.
[officer 1] Where's he at? Come out of the house!
-[Brittany] Don't shoot. -[officer 1] Come on!
[Brittany] He shot him 'cause he choked me.
-[officer 1] Come on out! -[Brittany] He raped me.
[officer 2] Hold a minute. Is there anybody in the house?
-[Brittany] No. -[officer 2] Stay here.
[officer 2 panting]
[tense music plays]
Found him downstairs.
-[officer 1] No pulse. -[officer 2] No pulse. No pulse. Okay.
[indistinct dialogue]
[Chris] You know, I was raised to do the right thing,
even though the rest of the world may not see it like that.
[ominous music plays]
In Jackson County, women don't get treated fairly in general.
So I thought, "If I don't take the blame, she's never gonna get her kids back."
[crow cawing]
[Brittany] The next morning, I woke up. My heart sank.
I told Mom, "I have to go turn myself in."
[detective] What you originally told us, that your brother shot him.
[Brittany] Yes.
[detective] Now you're saying it was actually you
that actually shot him.
[Brittany cries] I shoulda told the truth from the beginning.
[Brittany sniffs]
[thunder rumbling]
[Ramona] She never should have been took to jail. None of that is fair.
I taught her to fight, fight back with everything you've got, and she did.
And I'm proud of her for it.
Ooh, they're all pretty. Swirl 'em up.
[girl laughs] Look at that big one.
[sad music plays]
[Brittany cries] Like, I went everywhere, and nobody will give me a job right now.
And the only thing that ke… that makes me happy
is spending time with my kids.
[sobs]
And I can't even do that, for real?
You want to?
I want to be able to do what I'm able to do with my neighbor's kids.
Oh, that's funny! Look at that.
[Brittany] I can't do this with my own babies.
[girl] Bubbles!
"Further grounds will be set forth
in more detail at the time of the hearings…"
Stand Your Ground, when I first heard of it, I thought,
"That fits her situation perfectly."
She was arrested for self-defense.
[tense music plays]
I studied it. I went online. I got a law book.
I thought, "Yes, this is her law that's gonna get her out of this."
[Brittany] Wow.
-That's good news. -[Chris] Is that your cup?
Yep.
And we'll have the Stand Your Ground,
and then we're gonna ask for those charges to be dismissed.
She had every right. She was in her own home.
This is classic Stand Your Ground.
[tense music continues]
I think Brittany's story is very credible, and we had the law on our side.
She's not engaged in an unlawful activity. She's not the initial aggressor.
She's basically at the house. The brother is being choked out by Todd.
Choke hold is deadly force.
She was justified in that.
I think we had a strong Stand Your Ground case.
The DA got with Todd's family,
and they wanted me to take a 25-year plea deal.
I told 'em I'm not pleading out to anything. No.
Because I'm innocent, and I will go to jail an innocent woman
before I'll plea out to anything that I did not do.
[Ron] Brittany's perspective was, "I'm not gonna plead guilty."
"We're taking the Stand Your Ground hearing."
[woman] I… I enjoy working with Ron Smith as a private investigator.
And I'm former law enforcement.
I got out of law enforcement several years ago
because I thought that there was a need also for cases on the defense side.
There's people that live in low-income areas.
They don't have an investigator for their side,
so that's where that need is filled.
Typically in the South in your Stand Your Ground,
it's a man standin' up and protecting their life, liberty, property,
all of this that we've always heard.
[tense music continues]
Men get praised for that.
Where, if a woman does that or a minority,
it's viewed a lot different.
I think, in the South, a lot of times people don't believe that
there's a problem with sexual abuse and domestic violence.
Why is it okay for a woman to sustain injuries
and continue to endure that before something's done?
I'm for the underdog.
You know, I think I've always been for the underdog.
[birds chirping]
[Ramona] We actually got a date for the Stand Your Ground hearing.
It's, uh, January 14th, 2020.
And we're excited.
Praying, praying that this will be over. This nightmare will be over.
[somber music plays]
I'm hoping that this goes through
because it shouldn't just be a law for men.
Period.
[somber music continues]
[tense music plays]
[indistinct chatter]
[tense music continues]
[Ashley] When Brittany testified, you coulda heard a pin drop in that room.
It was just silent.
[Ron] "Now, Brittany." "Yes, sir."
"Todd had come over initially with permission?"
"Yes, sir."
"When he was attacking you in your house, did he still have permission to be there?"
"No, sir."
"When attacking your brother, did he have permission?"
"No, sir."
"Were you afraid he would hurt you?"
"He did hurt me."
[tense music intensifies]
The sexual assault nurse examiner
testified to 33 injuries on Brittany.
And the nurse's testimony was very compelling.
"There were two abrasions on the left side of the chin,
and they were consistent with a bite mark."
"There were wounds to the chest, to the breasts, legs, arms, feet."
And then, "She had a contusion that was consistent with a handprint."
And then, "She had contusions to the back of the neck."
"I would say my findings were consistent with a strangulation."
Wow.
[tense music continues]
[Ramona] I mean, just cried like a baby.
Because that was my baby girl on that paper.
[Ashley] The nurse also testified that she could not say with certainty
that Brittany had been sexually assaulted.
But the nurse was clear about that,
that it's not unusual in sexual assault cases
that you can't say with any certainty, you know, that someone was raped.
[tense music intensifies]
[Ron] Her story is corroborated by her injuries.
[Brittany over phone] I don't know what to do. I, like…
-I've been choked almost dead, like… -[operator] Yes.
[Brittany] …raped almost in my bed twice.
[operator] So, he did rape you?
[Brittany] No, he did not rape me. He was trying to.
In the 911 call, Brittany said that she had not been raped.
Prosecutor Jason Pierce asked Brittany,
"Why would you lie about not being raped?"
Brittany, "I don't know."
[tense music intensifies]
Brittany's lawyers brought in information
that Brittany had been diagnosed with PTSD
and that something like, you know, saying in the moment,
"No, I wasn't raped," wouldn't be out of the question
for somebody who had been traumatized.
Do you want to just spill your guts to… to a stranger
and tell 'em, "Okay, yeah, I just got sexually assaulted and raped."
A lot of rape victims don't disclose immediately.
It might be years.
[Ashley] Prosecutor Jason Pierce says, "It seems like you have selective memory."
I mean, obviously, the… the whole point of… of the prosecution
was to cast doubt right on her story.
She was obviously being asked about some really difficult things,
but I would say she was really measured.
[ominous music plays]
The prosecutor asked Brittany,
"You hadn't seen him with a weapon of any sort that evening?"
Brittany answers, "His hands."
Mr. Pierce says, "Okay. And that would be--"
Brittany cuts in and says, "And his penis."
"And his mouth."
"I saw several weapons."
[ominous music intensifies]
[Ron] Todd Smith had very high levels of methamphetamine in his system.
Extremely high.
The toxicologist testifies that 200 would be, like, a common amount
that you would see in a DUI case where someone is on meth.
[ominous music continues]
[Ron] If you see a video,
and there's somebody trying to be restrained by the police,
and there's five officers tasing him and hitting him with their clubs,
and the guy keeps fighting like Superman,
she said that is similar
to what that level of meth in your system would produce.
I asked him, "What's that make you feel like?" He said, "Superman."
[sniffs]
Me and Todd, we were real close. He's like a brother to me.
I remember having our four-wheelers and motorcycles up the mountain.
[somber music plays]
There's a little creek there.
We'd always get us a drink of water there out of the spring.
If you really didn't know Todd, weren't around him every day,
you wouldn't understand him.
Todd was a totally different person if it hadn't been for drugs.
[tense music plays]
[Ashley] This is, like, a criminal history printout
for Todd Smith.
There are definitely dozens of arrests here.
Some of these are domestic violence charges.
There's another assault.
-[tense music intensifies] -Aggravated assault.
[Brittany] Todd's ex-wife knows what I went through.
She's lucky to be alive, and she's a very brave soul.
[woman] I was held captive numerous times by Todd and beaten over the years.
The last story I had that reminded me so much of Brittany was
I was duct-taped and tied to a chair.
I had been held captive by him for days. Beaten, raped, sodomized.
Everything Brittany had went through and… and more.
[Ashley] During the Stand Your Ground hearing,
like, repeatedly brought up by her prosecutor, Jason Pierce,
was the question of, "Is Brittany credible?"
The night that the assault happened,
Brittany initially just reached out to her mom.
She didn't call the police.
[sad music plays]
Todd said, "If you call the police, I will kill you."
But I had to get some help somehow.
So I said, "Let's go smoke a cigarette."
I knew I didn't have cigarettes.
I knew I was gonna have to call somebody 'cause I didn't have a car at the time.
[Ramona] That night, when she called me, he had it on speakerphone.
He could hear what she was sayin'.
'Cause he didn't want her lettin' anybody know what had happened.
[Ashley] Also, Paige Painter testified about being at work,
uh, the night that Brittany came into the store
and told her that she had been assaulted.
[tense music plays]
[Paige] Brittany said, "Give me a piece of paper and a pen."
And she started writing down names and phone numbers.
She said, "If something happens to me, Todd Smith did it."
And, uh, she said, "Call… call my mom and tell her to come get me."
[tense music continues]
[Ashley] "Can you explain that, please?"
"Somehow, you believed your mother would be in a better position
to handle violent, angry Todd than a police officer?"
[Brittany] I really wanted my mom.
[sirens wailing]
Because, in Jackson County, I feel like the police are always on the man's side,
but, um, I know that my mother would have got him out of that house.
[woman] I've seen police officers show up in Jackson County
to a domestic violence call and tell people,
"Look, both of y'all are gonna go to jail."
"It's not gonna be one of y'all. Both of you are gonna go."
Instead of actually trying to figure out what happened.
[Paige] Around here, usually, women get the short end of the stick.
My mom, her and her ex-husband fought constantly,
like, beating each other up.
And my mom would… she would go to jail every single time.
So I am not shocked at all that Brittany wanted me to call her mom.
[woman] During the trial, there was a lot of women
that were marching for Brittany.
And there was a lot of stories that were told that day.
Women are coming out and talking more about what has happened to them
and how the justice system has failed them as well.
But, you know, they're willing to stand up and fight now.
They're… they're ready to see a change.
[tranquil music plays]
[Brittany] There's been so many women reach out to me and share their stories.
People that are minorities,
different races, different sexualities, religions.
Everybody reaching out to me, telling me that they've been abused,
and they've went to the police, but the police wouldn't make an arrest.
And some of them are women in jail for fighting back.
A lot were from Alabama,
and they've been from North Carolina, from New York, New Mexico,
from just everywhere.
The Stand Your Ground law is for white men only, from what I've seen.
It's not for minorities. It's not for women. It's for white men.
And I don't think that's fair.
[tranquil music continues]
They've lit a fire in me.
We're just little nobodies over here. That's the way we're viewed.
But when you get a ton of little nobodies together…
especially pissed-off women,
they become somebody big.
We are somebody.
We have a voice. We're fixing to use it.
-[tranquil music ends] -[indistinct chatter]
[water flowing]
[Brittany] I want to get my children back.
I want them to know that Mommy's not a murderer,
that Mommy defended herself,
and that you should always defend yourself.
-[birds chirping] -[sighs]
I pray. I pray that everything goes okay.
[inhales]
It will.
[Ashley] A few weeks after the Stand Your Ground hearing,
Judge Holt issued a 19-page order denying Stand Your Ground immunity.
[tense music plays]
And essentially, the judge wrote that Brittany had not proven
that she was legally justified in pulling the trigger.
Did Todd attack Brittany Smith?
Well, it… it seems pretty clear that he did.
The judge probably believed the attack happened.
Of course, that's not when Brittany Smith shot Todd.
Was she justified in believing
that Todd was going to kill or going to seriously injure her brother?
That's the issue, and I think the judge thought
it was an important factor when she denied our motion.
[Ashley] "Upon consideration of all the evidence,
the court finds that the defendant has given inconsistent accounts
of the events surrounding Todd's death."
For example, Brittany's initial lie
that her brother had been the one who pulled the trigger
did kind of come back to haunt her.
In the eyes of the judge, it did harm, like, her credibility.
And so I think it was pretty clear
that the judge did not believe her testimony.
[sad music plays]
[Brittany moans]
[Brittany whispers] It's gonna be okay. Okay?
It's gonna be okay.
[sad music continues]
[crickets chirping]
[sad music ends]
[birds chirping]
[Ashley] Most of the reaction that I recall getting from readers
was just, like, "I still think she's innocent."
They didn't care what the judge said.
I hate that Todd had to get shot and killed over it,
but I really do believe she was defending herself.
Probably feels funny for me saying that, 'cause I'm Todd's cousin, but…
I don't want to see her go to prison. I really don't.
[somber music plays]
You say it's okay for women to defend themselves,
but when they do, be ready for what society has for you.
It's not the law per se that needs to change.
It's our perceptions of how we think women should fit into the mold.
And for them to use aggression
even against an attacker of rape or anything like that,
it's the way we perceive that.
And when you've got cases that are involving minorities, women,
let's look at why people are not given the same consideration.
That's a society problem. That's a stereotype problem.
[sad music plays]
[cell phone rings]
My attorneys showed me the last offer, and I was just like, "What would you do?"
They said, "I would take it."
"Because you're not gonna get away with no time."
[sniffs]
[tense music plays]
Well, I know that I did it for my kids.
They'll feel better knowing that it's over with.
You know? Like, I made a good decision.
My mom's okay. My brother's… Everybody's okay.
[sniffs]
And my kids are okay.
I'll be okay. I'm just…
Mentally, I'm trying to just stay sane back here.
[tense music continues]
She said that she felt, like, essentially backed into a corner
because, if she went to trial, the judge who would sentence her
if she was convicted is the judge who had written a 19-page order
questioning her credibility.
And so, the way she described it to me
was that she took kind of the lesser of… of the evils
and… and took the… the plea deal.
She would get credit for time that she had already served in jail,
awaiting her trial.
So it was a six-month sentence, essentially, for murder.
And then the next 18 months, she would be on house arrest.
Do you risk it all?
Do you play Russian roulette
with people that you don't even know to decide your fate?
So I understand why she took a plea agreement.
I don't know. I mean, I can't fault her for that.
It's just disheartening.
It'll always be on her record that she has a felony conviction for murder.
And that'll… that'll always follow her.
[indistinct chatter]
[Brittany] It makes no sense to me that the plea deals that were offered to me
were six months for murder and, uh, a lot more time for manslaughter.
I do not understand how a murder charge
is less than… than a manslaughter. It doesn't make sense to me.
They were… The court system here wanted me to take that murder charge
just to say that I took that charge.
I was so dead set on saying,
"I'm not pleading guilty to that murder charge."
[sobs] And I feel like I let a lot of people down.
[sobs] And I did let myself down too,
but it's something that I fought with every day. [sniffs]
[somber music plays]
[train screeching]
[Ramona] Hi, baby.
What are you doing?
-[Brittany] You're so pretty. -No, I'm not.
How are you doing in there?
[Brittany] It was fun on Halloween.
We dressed up, and, um… Hold on.
[Ramona sniffs]
-Well, Lynn. -[Lynn] What?
[Brittany] Lynn was a black-eyed pea.
She colored her eye black… [laughs] …and put a "P" on her shirt.
Lauren was a "cereal" killer.
She had a cereal bag… [laughs]
…around her neck, and it said "killer" on the inside of it.
I was the Statue of Liberty.
[sighs] To be stuck in jail and away from your kids on Halloween…
It was… it was the best Halloween I could've had in here.
I'm gonna have to go get me a, um… a DUI or something
or a public intoxication
just so I can see you and give you a hug.
[both laugh]
[Ramona] Your time's up, baby.
Ten seconds.
-[Brittany] I love you. -I love you.
[Brittany] All right.
[Ramona] The Christmas lights make me sad.
You see everybody else. They're running around here,
talking about what they're gonna buy their kids for Christmas,
and I'm gonna be worried about,
"Is she gonna even get a dinner for Christmas or Thanksgiving?"
-[somber music plays] -[sniffs]
Brittany didn't deserve what she got.
She's been raped and beaten by him and almost killed.
And now, she's been raped and beaten by the system.
[somber music continues]
[car door closes]
[Ashley] If you think that Todd was a victim,
do you consider what Brittany got justice?
And if you don't think Todd was, and you think she was the victim,
then I can't imagine you think that she got justice either.
It's like, no matter whose side you were on,
I don't know that you really will find justice in this story.
[somber music plays]
[somber music continues]
[somber music ends]