Prime Suspect

Summary

48 Hours – "Prime Suspect"

CBS News | February 18, 2026
Detailed Episode Summary

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Overview of the Episode

This powerful “48 Hours” episode, "Prime Suspect," delves into the tragic and complex case of Billy Fox and Cassie Herring, a blended family in Wichita Falls, Texas, whose lives are torn apart after the sudden death of Cassie’s infant son, Cameron. The episode meticulously explores how a moment of crisis becomes a criminal investigation, diving into conflicting medical opinions, allegations of child abuse, and the far-reaching consequences for the family as they battle to keep their remaining children together. Through in-depth interviews and dramatic storytelling, the episode lays bare the personal, legal, and emotional fallout as the justice system seeks answers—and sometimes finds only uncertainty.

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Key Discussion Points and Insights

1. The Family and the Incident ([00:09]–[09:14])

• Introduction to the Family: Cassie Herring, single mother; Billy Fox, devoted father and local soccer coach. Their blended family is described as loving and tightly knit:
  • "It's funny n loving they became a family." – Billy Fox [00:30]
  • “To all appearances an all-around regular guy.” – Cassie Herring [01:50]
• The Day Everything Changed:
  • Friday evening, May 11, 2001—an ordinary family moment ends in tragedy as 7-month-old Cameron suffers a head injury after being dropped by a sibling. The family rushes him to the hospital, where initial examinations reveal no fracture, but unsettling symptoms persist.
  • “I remember his eyes rolled in the back of his head... foam coming out of his mouth.” – Billy Fox [05:34]
  • The baby grows lethargic over the weekend, then suffers a seizure on Sunday while Cassie is out shopping. Billy rushes Cameron to a neighbor, a nurse, then calls 911. Cameron ultimately dies the following day.
  • “I’ll probably never have another feeling like that in my entire life.” – Billy Fox [08:15]

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2. Medical Disagreement and The Investigation ([09:14]–[17:00])

• Medical Opinions Diverge: Medical examiners insist the fatal injury could not have occurred on Friday, contradicting the parents’ account.
  • “Having been dropped two days before doesn’t give you the picture that we saw...” – Narrator (paraphrasing Dr. Jeffrey McLaughlin) [12:03]
  • “Somebody in that family killed this child. To me, the evidence is clear and convincing.” – Dr. Mark Krause, medical examiner [12:41]
• The Official Accusation: The investigation quickly treats Cameron’s death as a probable homicide, and suspicion falls on Billy Fox, the last adult with the child.
  • “If that part of your brain is injured, you are not walking, you're not talking.” – Dr. Krause [14:32]
  • “Most likely propelled the child into a relatively soft surface... kind of over the shoulder motion like the guys do spiking a football.” – Dr. Krause [14:39]
  • Billy maintains innocence: “I love Cameron with all my heart.” [14:55]

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3. The Legal and Medical Battle ([15:11]–[17:46])

• Defense Mounts Alternate Theory:
  • Neurologist Dr. Ronald Usczynski challenges the prosecution's timeline, arguing that delayed effects of the Friday fall could explain Cameron’s symptoms and death.
  • “The injuries that this little boy received are entirely consistent with and directly attributable to the fall he had two days earlier.” – Dr. Usczynski [15:42]
  • Conflicting expert testimony creates confusion, making it unclear for a jury which narrative to believe.
• Prosecution Responds with Shaken Baby Syndrome Theory:
  • “Some adult-sized person shook this child very violently... the child basically was unconscious and dying.” – Dr. Randall Alexander [16:48]
• Attorney’s Strategy:
  • “If the experts cancel each other out, is the trial going to come down just to whether they believe that this father could do this?” – Cassie Herring [17:33]
  • “That’s my strategy. That’s where I think the heart of the trial is.” – Bob Estrada, defense attorney [17:46]

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4. Child Protective Services and Further Family Fallout ([17:46]–[23:58])

• Immediate Aftermath:
  • Billy is charged with injury to a child; Cassie loses custody of her other young son, Peyton. Visits are restricted to short, supervised intervals under scrutiny.
  • “Taking a newborn baby away from its mother is a pretty drastic step.” – Cassie Herring [01:10, 28:40]
  • “This is Peyton and Cameron’s favorite toys. They played with it a lot and they used to fight over it.” – Billy Fox [19:18]
• Courtroom Drama:
  • A birthday party for Peyton must go on without him as he's often “sick” and unable to attend; attempts to regain custody are granted, only for the decision to be revoked within hours.
  • “The court rewards Cassie temporary custody of Peyton. ... Then they’re blindsided.” – Narrator [23:19–23:44]
• Community Impact:
  • Billy is banned from coaching children's soccer, but an outpouring of support helps overturn the suspension.
  • “It’s the decision of the committee that your coaching privileges are restored.” – Committee rep [25:18]

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5. The Second Child and Higher Stakes ([27:23]–[29:42])

• Another Child at Risk:
  • When Cassie gives birth to Bailey, social workers arrive hours later, removing the newborn from the hospital.
  • “The family has an hour to say goodbye.” – Narrator [28:25]
  • Cassie, now also considered a possible suspect because of conflicting timelines, sleeps in her van outside her mother-in-law’s house, to maintain breastfeeding visits.
  • “She takes the electric blanket... then goes out there and sleeps in the car.” – Narrator [31:23]

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6. The Trial and Plea Decision ([32:45]–[37:41])

• Trial Preparations:
  • Mock jury sessions reveal doubts about Billy’s story; defense must decide if Billy will testify.
  • “Only half the jurors believed Billy’s story. ... Do you want to take the stand?” – Cassie Herring [34:32–34:45]
• Plea Bargain and Change of Heart:
  • On the eve of trial, prosecutors offer Billy a no contest plea—no jail time, only probation. After initially refusing, Billy ultimately accepts for fear of conviction.
  • “You’re not admitting guilt. That is, Billy wouldn’t have to admit guilt; he’d only have to concede that, given the evidence, a jury could find him guilty.” – Cassie Herring [36:21–36:24]
  • “He is not interested in any deal... He’s determined to clear his name.” – Narrator [36:40–36:47]
  • “Billy has a complete change of heart. He accepts the state’s offer: 10 years probation for a plea of no contest.” – Cassie Herring [37:17]

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7. Resolution and Lasting Effects ([38:03]–[40:08])

• Aftermath for the Family:
  • Billy completes probation. Peyton remains with his biological father; Cassie and Billy regain full custody of Bailey, despite ongoing doubts from authorities about what really happened to Cameron.
  • “Medical evidence indicates that either Billy or Cassie were responsible...” – Narrator [38:50]
  • “We're just ecstatic.” – Billy Fox [39:12]
  • The couple tries to rebuild, but the loss and suspicion linger.
  • “Our family will never be the same. Our marriage will never be the same. Just nothing will ever be the same without Cameron.” – Billy Fox [39:58]

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Notable Quotes & Memorable Moments

• On Grief and Denial:
  • “It’s like, I don’t even know how to explain it. It’s like a big piece of you is missing and it’ll never come back.” – Billy Fox [18:48]
• On Justice and Doubt:
  • “From this whole thing, you are guilty until proven innocent.” – Cassie Herring [20:14]
  • “I want them to continue to disagree.” – Bob Estrada, on the conflicting opinions of authorities, [30:45]
• On Relentless Parenting:
  • “I am not going home without my son.” – Cassie Herring [20:07]
  • “My sole purpose is to raise my children and take care of them.” – Billy Fox [20:29]
• On the Triumph and Pain of Reunion:
  • “We're just ecstatic. ... I don't want to miss out on any more milestones.” – Billy Fox [39:12, 39:28]
• On the Powerlessness of Accusation:
  • “What they're going on is an autopsy report that labels this as a homicide.” – Narrator [13:27]
• Epilogue:
  • “Billy Fox successfully completed his 10 years of probation. Patrick Herring won full custody of Peyton. ... Our family will never be the same, our marriage will never be the same. Just nothing will ever be the same without Cameron.” – Narrator, Billy Fox [40:08]

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Important Timestamps for Reference

• Family background & incident: [00:09]–[09:14]
• Medical investigation kicks off: [12:03], [12:41], [13:08]
• Expert disagreement and legal strategy: [15:42], [16:48], [17:33]
• CPS steps in; custody battle: [18:00]–[24:04]
• Bailey's removal after birth: [28:04]–[32:17]
• Mock trial & trial decision: [32:45]–[37:41]
• Resolution and aftershocks: [38:03]–[40:08]

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Tone and Storytelling

The episode maintains the signature immersive, emotionally resonant CBS News tone—earnest, sober, but deeply empathetic to all involved. First-person testimonies, legal and medical expert interviews, and dramatic scene reconstructions combine to transport the listener into the family’s unraveling world. The reporting is nuanced, highlighting uncertainty and systemic fallibility without offering easy answers.

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This summary captures all critical elements of the episode—medical mystery, legal battle, and devastating human cost—presenting them as a gripping, tragic narrative that probes the limits of truth and justice in the American child welfare system.

Transcript

[Narrator]

This is Cassie Herring, a mother who's lost custody of her newborn baby. Sleeping outside so she can breastfeed her infant every few hours.

[Billy Fox]

I'm coming.

[Narrator]

But that's not where this remarkable story begins. Cassie fell in love with Billy Fox, a dad great with kids.

[Billy Fox]

It's funny n loving they became a family.

[Narrator]

Happy growing with Cameron. He was a perfect baby. Then one Friday night, everything changed. It sounded like they hit hard, let out a gasp of air.

[Cassie Herring]

He just ran in. He was frightened.

[Billy Fox]

I tried to do rescue breathing for him.

[Narrator]

Billy and Cassie say Cameron's death was a tragic accident. But as Susan Spencer reports, that's not how the doctors see it. Somebody in that family killed this child. Billy is accused. I'm not a baby killer. Cassie swears he's innocent and then she's forced to give up her other children.

[Cassie Herring]

Taking a newborn baby away from its mother is a pretty drastic step.

[Narrator]

But is it all a tragic mistake? 48 Hours investigates prime suspect. I've been a single dad for over four years. Come on, Rocky.

[Cassie Herring]

Get it.

[Narrator]

I don't go fishing. Hunting, that's my hobby. My kids and their friends and you know, coaching soccer. Good shot, Vicki.

[Cassie Herring]

33 year old Billy Fox, father of two, soccer coach.

[Narrator]

1, 2, 3, go.

[Cassie Herring]

No doubt to all appearances an all around regular guy.

[Billy Fox]

Officer Harold, police department.

[Cassie Herring]

But Billy Fox is about to turn himself in to the police.

[Billy Fox]

I know.

[Cassie Herring]

His mother and girlfriend Cassie look on as police book him in the death of a baby. A charge that could put him in prison for the rest of his life.

[Billy Fox]

He's a soccer coach, raised his kids and it's. It's wrong. It's really wrong.

[Narrator]

Cross it in.

[Cassie Herring]

Billy Fox may be one of the last people in Wichita Falls, Texas you'd ever think would hurt a child. Rocky, friends say that when he's not coaching soccer, Billy is a devoted single dad. He has full custody of his kids school, Skyler and James.

[Billy Fox]

He did everything. I mean he cleaned house, he cooked. My dad was a good cook though he was better at the more cookout kind of stuff. Just a regular dad. He's funny, nice, loving, big time. What attracted me so much to Billy is what a wonderful father he was.

[Cassie Herring]

Cassie Herring first met Billy in the fall of 2000. A few years after his divorce. When Skylar was 8 and and James was 11.

[Billy Fox]

Our first date was Halloween and we took the kids, the neighborhood kids, trick or treating.

[Cassie Herring]

Cassie also was raising two kids on her own.

[Billy Fox]

Here's the first picture of Peyton and Cameron.

[Cassie Herring]

Peyton was two years old.

[Billy Fox]

Cameron was, he weighed seven Pounds, four ounces, perfect complexion.

[Cassie Herring]

And Cameron a newborn. Cassie and her husband had split up a few months before his birth.

[Narrator]

With Cameron, I loved him like he was my own. And to me he was a perfect baby.

[Billy Fox]

Here's Skyler, here's your dad's.

[Cassie Herring]

In a matter of months, they all were under one roof.

[Narrator]

Having little brothers, that was fun. I got to teach them to do stuff.

[Billy Fox]

Peyton. Yeah, like he just started gradually calling my dad dad. It felt like life was really kind of getting better to where I got a mom, I got a bigger family kind of thing.

[Narrator]

It just felt natural. We were on our way to being a great happy family.

[Cassie Herring]

But in less than six months, events would shatter this new family. May 11, 2001.

[Narrator]

The kids were outside playing basketball and playing these.

[Cassie Herring]

A Friday around dinner time, an ordinary evening. Seven month old Cameron was playing on the living room floor when Billy's son James came inside. Billy asked him to pick up Cameron and bring him to the kitchen.

[Narrator]

I was folding clothes on the table, on our little kitchen table.

[Cassie Herring]

How did you trip?

[Narrator]

I tripped on my shoelaces.

[Cassie Herring]

Cameron's head hit the kitchen floor. Concrete covered by a layer of tile.

[Narrator]

And Cassie was getting frantic because we heard them hit. It sounded like they hit hard.

[Cassie Herring]

Fearing that Cameron was badly hurt, they rushed him to the emergency room at United Regional Health Care. When you got to the hospital, what did the doctors tell you?

[Billy Fox]

He treated me like I was an idiot. I mean, like there was nothing wrong with him and I knew something was wrong. I remember his eyes rolled in the back of his head and that really scared me. And he had some foam coming out of his mouth.

[Cassie Herring]

X rays showed no skull fractures and doctors told Cassie her son would be fine but to bring him back if his condition worsened. Were you satisfied when you left the hospital that it was going to be okay?

[Billy Fox]

I felt uneasy, but I believed the doctor.

[Narrator]

I felt reassured by the doctor.

[Cassie Herring]

But the next day, Billy and Cassie both say Cameron just wasn't himself.

[Billy Fox]

On Saturday we went to the Y thinking that he would want to swim and, you know, would be happy in the water because he loved the water. And it was like he didn't even, you know, he didn't even want to do anything.

[Narrator]

It's like he doesn't even know who we are. Like he has amnesia.

[Cassie Herring]

Did you think about going back to the doctor?

[Billy Fox]

I just trusted what the doctor said.

[Narrator]

I went with the understanding that he said he's going to be a little groggy.

[Cassie Herring]

One day later, Sunday, around 5 o', clock, Cassie and Skylar decided to go Shopping. When they left, Billy and Peyton were on the couch watching cartoons. Cameron was asleep in his crib.

[Narrator]

Cameron woke up. So I went back there and got Cameron out of his crib, made Cameron a bottle and tried to feed it to him.

[Cassie Herring]

And then, says Billy, within seconds, Cameron began to have a seizure.

[Narrator]

He took about two sips and his hands started twitching and he let out a gasp of air like he was choking. And so I just immediately picked him up.

[Cassie Herring]

Billy rushed the baby to a neighbor, a nurse who lived right down the street. Why didn't you call 911?

[Narrator]

Because he wasn't breathing. And I knew that I had a registered nurse four houses down.

[Cassie Herring]

He just ran in. He was frightened. He was scared to death. Tammy Edwards was getting ready for work.

[Billy Fox]

I took the baby from him and I laid him down over here on the couch and I tried to do.

[Narrator]

Rescue breathing for him. And she couldn't get his airway, couldn't get air to his airway. Each breath that I could not get.

[Cassie Herring]

In, I just looked at him and.

[Billy Fox]

I said, billy, this is not good.

[Cassie Herring]

When.

[Narrator]

He went limp, I didn't know. I just. I'll probably never have another feeling like that in my entire life.

[Billy Fox]

And I just looked at him and told him to call 911.

[Cassie Herring]

An ambulance arrived within minutes and sped Cameron to the hospital.

[Narrator]

I was in shock. I was terrified.

[Cassie Herring]

Cassie raced to the emergency room, only to discover that Cameron was about to be flown to Fort Worth, Texas. By the time she and Billy got there to Cooks County Hospital, there was little hope.

[Billy Fox]

That was like the last time, I guess. I mean, I knew something was really, really bad.

[Cassie Herring]

Cameron Herring, not yet eight months old, died the next day.

[Billy Fox]

It's like the more the time goes on, the more I think, I don't have my baby. I don't have my child, and he doesn't have his mommy.

[Cassie Herring]

But how did Cameron really die?

[Narrator]

Somebody shook this child very violently. I just don't see it that way.

[Cassie Herring]

The medical experts weigh in. Billy Fox is the prime suspect.

[Narrator]

I'm not a baby killer.

[Cassie Herring]

Is he telling all he knows?

[Narrator]

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[Cassie Herring]

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[Narrator]

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[Cassie Herring]

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[Narrator]

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[Cassie Herring]

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[Narrator]

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[Cassie Herring]

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[Narrator]

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[Cassie Herring]

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[Narrator]

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[Cassie Herring]

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[Narrator]

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[Cassie Herring]

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[Narrator]

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[Cassie Herring]

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[Billy Fox]

Per month when network is busy see terms. I mean, I remember sitting in the emergency room and everything collapsed.

[Cassie Herring]

Cassie Herring is sure her son's death is a result of a fall Friday night when his head struck the kitchen floor.

[Billy Fox]

I mean, I remember I kept telling everybody, you just don't understand. It's from Friday night. It's from Friday night.

[Narrator]

No, it's not an accidental sort of thing. It's I'm angry, I'm shaking.

[Cassie Herring]

But neurologist Jeffrey McLaughlin and several other doctors who examined Cameron are convinced that the baby's fatal injury had nothing to do with his fall on Friday.

[Narrator]

Having been dropped two days before doesn't give you the picture that we saw that morning in the intensive care unit. They kept telling us somebody did this, somebody did something to him. And we kept saying, you don't understand. You know, he hit his head Friday night.

[Cassie Herring]

In fact, police and social workers began their investigation before Cameron even was pronounced dead.

[Billy Fox]

It was like their mind had already been made up.

[Cassie Herring]

No matter what she told the hospital doctors, Cassie says they insisted Cameron's death was no accident. Medical examiner Dr. Mark Krause agrees.

[Narrator]

Somebody in that family killed this child. To me, the evidence is clear and convincing.

[Cassie Herring]

After completing his autopsy on seven month old Cameron, Krause thinks he can pinpoint how and when Cameron died.

[Narrator]

He died from a blunt head injury that was inflicted on early Sunday afternoon. Whoever was around him at the moment he became unconscious is the person you should be looking at and who was.

[Cassie Herring]

The last person with Cameron on the before his fatal seizure.

[Narrator]

Anyone that knows me knows I would never hurt a child.

[Cassie Herring]

Billy Fox. In December of 2001, Billy Fox was charged with injury to a child. Maximum sentence, life in prison.

[Narrator]

What they're going on is an autopsy report that labels this as a homicide.

[Cassie Herring]

All right, fine, Billy. Hired defense lawyer Bob Estrada. Anyone just come on down.

[Narrator]

It's already been a hard, grueling road for them. On top of having a baby die, then the accusing finger's been pointed to them.

[Cassie Herring]

Billy and his lawyer are up against the medical examiner's report. A damning document. An injury to the part of the.

[Narrator]

Brain that you describe causes immediate unconsciousness, no regaining of consciousness.

[Cassie Herring]

Dr. Krause says Cameron's brain injury was so severe, the baby would have been unconscious just seconds after it occurred. Instantly?

[Narrator]

Yes, ma'.

[Billy Fox]

Am.

[Cassie Herring]

Not 10 minutes, not 15 minutes.

[Narrator]

No.

[Cassie Herring]

Therefore, says Dr. Krause, that brain injury could not have happened on Friday because Cameron never would have survived Friday for two more days.

[Narrator]

If that part of your brain is injured, you are not walking, you're not talking.

[Cassie Herring]

I mean, you say someone did this. What do you think someone did?

[Narrator]

Most likely propelled the child into a relatively soft surface of padded flooring, couch cushion, mattress, you know, kind of over the shoulder motion like the guys do. Spiking a football or slam dunk. I didn't do it.

[Cassie Herring]

You had nothing to do with this child's death?

[Narrator]

I love Cameron with all my heart.

[Cassie Herring]

Not even something that was a freak accident, a sudden outburst of temper, whatever. No, absolutely nothing. It's just as you described. Bob Estrada believes completely in his client.

[Narrator]

The last guy in the world that you would figure would do anything like.

[Cassie Herring]

This, insisting that Billy Fox is just not capable of hurting a baby. Why do you strongly believe these people?

[Narrator]

Well, for one thing, I've gotten to know them over a period of time.

[Billy Fox]

Come on, James. Come on, Scholar.

[Narrator]

You know, I see how they react with their own children. See y' all tomorrow. I see how Billy is.

[Cassie Herring]

Anastrada has found his own experts who look at the same medical records and believe Billy's story.

[Narrator]

The injuries that this little boy received are entirely consistent with and directly attributable to the fall that he had two days earlier.

[Cassie Herring]

Dr. Ronald Usczynski, a neurologist who has specialized in pediatric head injuries.

[Narrator]

Let me have some suction.

[Cassie Herring]

Believes Cameron began to have internal bleeding around his brain after he fell and hit his head on Friday.

[Narrator]

It was the effect of the blood on the surface of the brain provoking a seizure when he seized he obstructed his airway and he aspirated and he died.

[Cassie Herring]

Nothing in your mind need have happened on Sunday?

[Narrator]

That's correct. That's absolutely correct. Nothing need have happened on Sunday.

[Cassie Herring]

You absolutely believe that a child can die from a shortfall and in fact can die two days later, in essence from a shortfall?

[Narrator]

Yes, they do. If little falls could kill us, then none of us would make it to 5 years old. This doesn't make sense.

[Cassie Herring]

Bolstered their case that Cameron was injured on Sunday, the the State turned to Dr. Randall Alexander, an authority in the field of pediatric head trauma.

[Narrator]

Somebody, some adult sized person, shook this child very violently, perhaps also hit their head against something in the process of that. And from that point on, the child basically was unconscious and dying.

[Cassie Herring]

The prosecution's expert witnesses agree on one thing. Someone did something that Sunday, but they disagree exactly as to what. And that could be very confusing for the jury. Dr. Kraus thinks the baby was thrown against something soft, a mattress, mattress, pillow, couch cushion. Dr. Alexander thinks he was shaken first.

[Narrator]

We're talking about shaking, the kind we see with shaken baby syndrome looks more like this. Gosh, this is a brain breaking force. Once they have this, they're not.

[Cassie Herring]

Recovering attorney Bob Estrada thinks this back battle of the experts actually could help his client. If the experts cancel each other out, is the trial going to come down just to whether they believe that this father could do this?

[Narrator]

That's my strategy. That's where I think the heart of the trial is. I'm innocent. I'm not a baby killer.

[Billy Fox]

You feel so empty. You don't want to go on, but yet you have to go on for your other kids, thinking of like you're gonna lose your dad kind of thing, that's not really a good feeling. And then, I mean, you've already lost one thing and they're gonna take another one away.

[Cassie Herring]

But even as Cassie, Billy and their kids prepare for a trial that could send Billy away for a long time.

[Billy Fox]

We have fought so hard to keep our family together.

[Cassie Herring]

They're about to face another loss. Authorities now are threatening to take away two year old Payton.

[Billy Fox]

It's like, I don't even know how to explain it. It's like a big piece of you is missing and it'll never come back.

[Cassie Herring]

Cassie Herring has said goodbye to her infant son, Cameron.

[Billy Fox]

I never doubted Billy at all. Even the day they told me that my son was brain dead and that they felt like Billy was responsible, I knew he was innocent.

[Cassie Herring]

But it's quickly apparent that her belief in Billy Fox's innocence will come at a high price.

[Billy Fox]

This is Peyton and Karen's favorite toys. They played with it a lot and they used to fight over it.

[Cassie Herring]

A court takes away her other son, 2 year old Peyton, contending he could be at risk in the Fox household.

[Narrator]

I've got him. And I know he's in safe hands. You know I know he is.

[Cassie Herring]

Peyton will live with Patrick Herring, father to both Peyton and Cameron, even though he hasn't seen much of Peyton in the years since his bitter split from Cassie.

[Narrator]

I was scared to death for Peyton. You know, Cameron's death wasn't an accident. So therefore I do know that something was wrong and something went wrong in that house.

[Billy Fox]

I feel we have done nothing wrong to have Peyton taken away from me.

[Cassie Herring]

Cassie vows to fight for her son. So we'll put this before the judge and let him make a decision on it. And hires a custody attorney, deann Smith, to help her.

[Billy Fox]

I'm gonna go in front of the judge and I'm gonna tell the judge I want my son back. I want my son back. I am not going home without my.

[Narrator]

Son from this whole thing. You are guilty until proven innocent.

[Cassie Herring]

But Billy, facing charges in the death of a baby.

[Narrator]

You want to be with your family as much as you can be.

[Cassie Herring]

Isn't allowed to see Peyton until his criminal trial is resolved.

[Billy Fox]

My sole purpose is to raise my children and take care of them.

[Cassie Herring]

And Cassie, who is facing no charges, is allowed only a few hours a week with her son.

[Billy Fox]

Oh, you got blue stuff on. Give me kids. I missed you.

[Cassie Herring]

And those visits here in this community center must be supervised.

[Billy Fox]

What do you see out there? All the windows have bars on them. The door's locked. There's a video camera up there to make sure I don't try to snatch him or anything, but pretty much as long as you get to visit with your kids, that's all that matters. I'll see you next time.

[Narrator]

Time.

[Billy Fox]

Give me a kiss. Bye, Peyton.

[Narrator]

Bye.

[Billy Fox]

I love you.

[Narrator]

Love you.

[Billy Fox]

Okay, y' all want to help put everything together real quick? Yeah, just move it right here.

[Cassie Herring]

When Peyton's third birthday rolls around.

[Billy Fox]

Is the tape in there? Skylar, come set these on the table. James, I'm going to give you these balloons and time. The strings and chairs are what?

[Cassie Herring]

Whatever. Cassie goes all out to decorate the community center for a party.

[Billy Fox]

Doesn't he look cute?

[Narrator]

Hey.

[Cassie Herring]

The minutes tick by, but no Peyton.

[Billy Fox]

They're not here yet. We're just kind of waiting. Have they heard anything?

[Cassie Herring]

Finally, Cassie learns that her son is sick.

[Billy Fox]

That he's got the stomach flu and.

[Cassie Herring]

Won'T be able to make his own birthday party.

[Billy Fox]

It happens all the time. He's always sick. Always sick.

[Cassie Herring]

Despite the intense disappointment.

[Billy Fox]

He'S not going to be here. I guess we'll go ahead and cut a piece.

[Cassie Herring]

Cassie insists this party is not canceled.

[Billy Fox]

We'll have his party, even if it's.

[Cassie Herring]

Two months from now, only postponed.

[Billy Fox]

Y' all ready? You ready, James? You ready, Grandma?

[Cassie Herring]

A week later, in a desperate attempt to regain custody of Peyton, Cassie and her lawyer convince a judge to call an emergency hearing. There, they use the birthday party incident to argue that keeping Peyton with his father is. Is dangerous to the child's health, pointing out that Peyton has been sick a lot recently. Go right. Right here. And so we asked the court to grant Cassie temporary custody until a hearing could be held. Here's all of our originals. It's a desperate move. Go ahead and wait outside the court. And a long shot, but it works.

[Narrator]

Oh, my God.

[Billy Fox]

Oh, dear.

[Cassie Herring]

Oh, God. The court rewards Cassie temporary custody of Peyton.

[Billy Fox]

Thank you so much. Thank you so much.

[Narrator]

Can they go pick him up now?

[Cassie Herring]

Yeah, we'll pick him up. Thank you so much. As they get ready to pick up Peyton, I just.

[Billy Fox]

I cannot wait to get.

[Cassie Herring]

They're blindsided.

[Narrator]

I got a call from Sheriff Callahan. And Judge Purcell has rescinded this.

[Cassie Herring]

After the judge is briefed on the charges against Billy, he changes his mind. Opposing counsel got it rescinded. Peyton will stay with his father.

[Billy Fox]

Why did he do sign that?

[Cassie Herring]

I can't tell you, Cassie.

[Billy Fox]

Well, let's go. I felt like Peyton was ripped away from me. And I'm gonna fight till the day I die for my son.

[Cassie Herring]

As Cassie vows to keep her blended family together, Billy and attorney Bob Estrada prepare for trial.

[Narrator]

You're charged with injury to a child. The stakes can potentially be very high.

[Cassie Herring]

Both well aware that a life sentence hangs over Billy's head.

[Narrator]

Anyone that knows me knows I would never hurt a child.

[Cassie Herring]

But others in the community do have doubts. The soccer league where he's coached for years suddenly bans him from coaching until his criminal trial is resolved.

[Narrator]

There's not a person I know that doesn't support me.

[Cassie Herring]

The news prompts an outpouring of support from parents, friends, and teachers.

[Billy Fox]

He's wonderful with my children.

[Narrator]

You all right? You're not drinking enough water.

[Cassie Herring]

I've never seen anybody love kids like he did.

[Narrator]

That was a good shot. Billy was a big fixture here at the school. He was a very involved dad. 2.

[Cassie Herring]

The response forces the soccer association to take another look at Billy's suspension.

[Narrator]

Bob Black. Bob, I was calling to find out if you'd heard from. Oh, you bet. It's the decision of the committee that your coaching privileges are restored. Okay. Well, I appreciate it.

[Cassie Herring]

Billy is reinstated, so I.

[Narrator]

Get to go to practice today and, you know, go back to what I like doing the most. So I'm really happy.

[Cassie Herring]

But Billy knows it's a small victory in a bigger battle.

[Narrator]

When do we quit?

[Billy Fox]

Never.

[Cassie Herring]

To keep his family together.

[Narrator]

Peyton was my little companion. I still wonder if he even would recognize me.

[Cassie Herring]

And to prove his innocence, it was.

[Narrator]

The worst feeling in my life. Just all the life drained out of it.

[Cassie Herring]

Hi, I'm Katie Ring, and welcome to crime house 24 7. Throughout the day, we bring you up to the minute crime coverage as stories break with daytime episodes hosted by Vanessa Richardson, keeping you informed on the cases unfolding right now. And at night, I take you deeper with Night Watch episodes, examining the facts, the evidence, the people at the center of today's biggest cases. New episodes of Crime House 24.7drop every weekday. Listen to and follow Crime House 24 7, available now wherever you get your podcasts.

[Billy Fox]

I just never thought things like that happen. I never thought there was a possibility that Cameron would die or. I mean, I never thought that.

[Cassie Herring]

Her boyfriend awaits trial in the death of her son. But far from distancing herself from Billy.

[Billy Fox]

Fox, I never doubted Billy. I knew he was innocent.

[Cassie Herring]

Cassie Herring makes her commitment to him officially.

[Narrator]

We've gotten married. I guess.

[Cassie Herring]

Not only that.

[Billy Fox]

Look at all the gifts I got. It's a playpen. It's a playpen.

[Cassie Herring]

Deal. But a baby is on the way. All this with Billy facing a possible life sentence. He's 7 pounds and 3 ounces. In December 2002. Oh, my gosh, you look beautiful. The Fox family welcomes its newest member, Bailey. But 12 hours later, Joy turns to sorrow.

[Billy Fox]

Can you go get me a Kleenex? This right here.

[Cassie Herring]

Armed with a court order, two social workers from Child Protective Services arrive at the hospital to take take Bailey, not yet one day old, away from his mother. The family has an hour to say goodbye.

[Billy Fox]

He's so pretty, isn't he?

[Narrator]

Leaving him that day was almost like I have my heart ripped out.

[Cassie Herring]

Taking a newborn baby away from its mother is a pretty drastic step.

[Narrator]

We certainly empathize with the mother, but you have to appreciate our side, too.

[Cassie Herring]

Jeff Wool, the CPS spokesperson for Texas, makes no apologies for the decision, believing Bailey could be at risk in the Fox home.

[Narrator]

That's Our responsibility to make sure that in an investigation like this, where a child has died, that the other children are protected.

[Cassie Herring]

Cassie had offered to leave Billy, move out and raise Bailey on her own. But Child Protective Services said that wouldn't help. Why not? Because their experts now believe that Cameron could have been injured an hour or two earlier than they originally thought. That would include time when Cassie was still in the house. And so in their eyes, she is now a suspect, too.

[Narrator]

Cameron woke up and his hand started twitching and he let out a gasp of air.

[Cassie Herring]

Remember, Billy has said Cameron had his fatal seizure while Cassie was out shopping that fateful day in 2001.

[Narrator]

Whoever was around him at the moment he became unconscious is the person you should be looking at.

[Cassie Herring]

And the medical examiner for the state has said that Cameron's brain injury was so severe he would have been unconscious. So seconds after it occurred. Instantly?

[Narrator]

Yes, ma'. Am.

[Cassie Herring]

Not 10 minutes? Not 15 minutes?

[Narrator]

No.

[Cassie Herring]

But since other experts aren't so absolutely certain as to time, Child Protective Services CPS now says it isn't sure who hurt Cameron.

[Narrator]

Either one of them could have been the ones who actually inflicted the damage. We feel like there is evidence there that suggests that Cassie may have been responsible for the death of Cameron. I mean, that's a case of reasonable doubt in my mind right there.

[Cassie Herring]

To Billy's lawyer, Bob Estrada, CBS position is a godsend because it so confuses the criminal case against Billy.

[Narrator]

I have no problem with the fact that they disagree with the police and with the district attorney. I want them to continue to disagree.

[Cassie Herring]

Billy's new son, meanwhile, has been placed with his grandmother, Donna.

[Narrator]

We promised him we'd go by the rules and we do.

[Billy Fox]

Is the keys in the car.

[Cassie Herring]

And Cassie is allowed visits to breastfeed. It's an unusual arrangement at best.

[Billy Fox]

I'm tired.

[Cassie Herring]

Cassie arrives at Donna's for Bailey's 10 o' clock feeding.

[Narrator]

I have electric blanket plugged in to.

[Billy Fox]

The outside of the house.

[Narrator]

She takes the electric blanket and puts it in the car and then goes.

[Billy Fox]

Out there and sleeps in the car.

[Cassie Herring]

To be there to feed the baby during the night, Cassie must sleep in her van outside.

[Billy Fox]

I'm coming.

[Narrator]

Hello. Hello? She comes in at one o' clock and feeds Bailey.

[Billy Fox]

Bailey, are you hungry?

[Cassie Herring]

45 minute timed feedings.

[Billy Fox]

Are you ready to start typing it?

[Cassie Herring]

That must be videotaped.

[Billy Fox]

Look at that.

[Cassie Herring]

Bailey.

[Billy Fox]

Cassie, Cassie, it's time to go.

[Cassie Herring]

Then it's back out to the van for Cassie. Until the next feeding, Every three hours.

[Billy Fox]

Are you hungry now?

[Cassie Herring]

All night.

[Narrator]

And sometimes it's pretty cold out there, too.

[Cassie Herring]

On this particular Evening, it is 21 degrees. Billy, meanwhile, is allowed only supervised visits with Bailey a few hours a week.

[Narrator]

He's not the same person he used to be. Right now, he's very depressed. Is the stress getting to him? I think it is.

[Cassie Herring]

And with Billy's upcoming trial, that's what Bob Estrada is worried about.

[Narrator]

They're going to ask you some questions that are designed to get under your skin.

[Cassie Herring]

Estrada knows the prosecution will hammer home its argument that Billy Fox is a child killer.

[Narrator]

Could be a rough trial. Could have a verdict of serious consequences.

[Cassie Herring]

And Billy's most important witness.

[Narrator]

First of all, dress appropriately.

[Cassie Herring]

Probably will be Billy himself.

[Narrator]

Good morning. My name is Bob Estrada, and I have the honor of representing Billy Fox before you today.

[Cassie Herring]

With just weeks to go, Estrada stages a mini trial to see if a panel of mock jurors will buy Billy's story.

[Narrator]

Cameron was in the living room playing.

[Cassie Herring]

Billy runs through the weekend Cameron died.

[Narrator]

So I told James to bring Cameron.

[Cassie Herring]

To me so that I starting with his fall on Friday night.

[Narrator]

And when he came through, he fell. So we grabbed Cameron and we headed out the door to the emergency room. The doctor told us. He said, well, he's going to be.

[Cassie Herring]

A little dazed, his seizure Sunday afternoon.

[Narrator]

Well, then Sunday, he just let out this gasp for air like he was choking. It was the worst feeling in my life. Just all the life drained out of him.

[Cassie Herring]

Just rate 1 through 5 on each of the direct boxes. Only after Billy's testimony, Estrada realizes there is a lot of work ahead.

[Narrator]

I don't think he's ready today. I think he's getting readier and readier.

[Cassie Herring]

Only half the jurors believed Billy's story. May in the end come down to you. Do you want to take the stand?

[Narrator]

I plan on taking the stand. Quick. Choose a meal deal with McValue. The $5 McChicken meal deal, the $6 McDouble meal deal, or the new $7.

[Cassie Herring]

Daily Double meal deal.

[Narrator]

Each with its own small fries, drink, and Four Piece McNuggets.

[Billy Fox]

There's actually no rush.

[Narrator]

I'm from McDonald's for a limited time only. Prices of participation may vary. Not to aldermic delivery. Can you do your hook yourself or do you need me to do it? I can do it. I spend time with my kids and my family.

[Billy Fox]

No, I got a fish.

[Narrator]

Did you catch one?

[Billy Fox]

Yeah.

[Narrator]

Scholar's the best fisherman. Archer. Scholar.

[Billy Fox]

Mm.

[Narrator]

I will try to make some special moments between now and then.

[Billy Fox]

That one.

[Narrator]

You know, just. Just in case things did go Wrong. I could leave some memories.

[Cassie Herring]

Billy Fox braces himself for his upcoming trial, now only a few weeks away.

[Narrator]

You know, he doesn't know after the trial whether he's going to go home to his family or if he's going to be in custody.

[Cassie Herring]

The charge, injury to a child, carries a potential life sentence, but just eight days before trial.

[Billy Fox]

It's a complicated case.

[Cassie Herring]

Prosecutors, apparently worried about losing this case, unexpectedly offer Billy Fox a phenomenal deal. No jail time at all in exchange for a plea of no contest.

[Narrator]

No contest, that is. You're not admitting guilt.

[Cassie Herring]

That is, Billy wouldn't have to admit guilt. He'd only have to concede that given the evidence, a jury could find him guilty.

[Billy Fox]

You don't say you're guilty, but you might as well if you say no.

[Cassie Herring]

Contest, Billy says, forget it.

[Narrator]

We're not accepting the plea bargain.

[Cassie Herring]

He is not interested in any deal.

[Narrator]

I just think it's. It's doing what's right for Cameron.

[Cassie Herring]

He's determined to clear his name.

[Narrator]

He's standing up and saying, I'm an innocent man and I'm not going to do anything that would make anybody think that I was anything but an innocent man. And a no contest plea is not good enough.

[Cassie Herring]

April 17, 2003.

[Narrator]

I will be putting my life in 12 individual's hands.

[Cassie Herring]

State of Texas v. Billy Fox. Billy Fox is charged with injury to.

[Narrator]

A child in the death. And it's scary.

[Cassie Herring]

Just minutes before showtime, before the proceedings.

[Narrator]

Were going to start, they said, this is your last chance.

[Cassie Herring]

Billy has a complete change of heart. He accepts the state's offer. 10 years probation for a plea of no contest.

[Narrator]

It was a scary thought of just, you know, not knowing what was going to happen to you after you put your life in 12 people's hands.

[Cassie Herring]

When you take a plea, I mean, there is sort of an underlying assumption that something happened here. And in fact, I mean, you are the only person on the face of the earth who knows what happened that day.

[Narrator]

And I know that nothing happened to Cameron on Sunday. He was fine until he had his seizure.

[Cassie Herring]

The criminal case now is behind them, but there will be more days in.

[Billy Fox]

Court, and I'm going to fight till the day I die for my son.

[Cassie Herring]

Fighting for shared custody of Cassie's son, Peyton, who's been living with his father.

[Billy Fox]

Give me kids. I miss you.

[Cassie Herring]

And on this day, for full custody of newborn Bailey, who's been in the care of Billy's mother.

[Narrator]

Everyone here is looking out for the best interest of Bailey Fox.

[Cassie Herring]

Child Protective Services, which took Bailey away at birth, has done a complete about face and now is recommending his return.

[Narrator]

Texas law basically says that we shoot for reunification whenever possible.

[Cassie Herring]

Doubly astonishing given that CPS still thinks one of the parents caused Cameron's death.

[Narrator]

Medical evidence indicates that either Billy or Cassie were responsible for the injuries that caused Cameron Herring's death.

[Cassie Herring]

But the agency tells the court that despite its suspicions, it still feels it's in Bailey's best interest to be home reunited with his parents. The judge agrees.

[Billy Fox]

Oh, we're ecstatic. We're just ecstatic.

[Narrator]

Hey, you ready to go home?

[Cassie Herring]

Be Bye bye.

[Narrator]

It's kind of like bringing my newborn home. And only case is Bailey's, now eight months old. And I don't want to miss out on any more milestones.

[Cassie Herring]

The foxes feel they've a chance at last for a new beginning.

[Billy Fox]

It's hard without Cameron.

[Cassie Herring]

But sadly, one without Cameron, who would have just turned three, our family will.

[Billy Fox]

Never be the same. Our marriage will never be the same. Just nothing will ever be the same without Kim.

[Cassie Herring]

Billy Fox successfully completed his 10 years of probation.

[Narrator]

Patrick Herring won full custody of Peyton. I'm back.

[Billy Fox]

I'm really back.

[Narrator]

School Spirits returns.

[Cassie Herring]

Why am I here?

[Narrator]

Not dead right.

[Cassie Herring]

This place is an absolute death trap.

[Narrator]

We need to get out of here now. School Spirits new season. Now streaming only on Paramount plus.

[Billy Fox]

I'm back. I'm really back.

[Narrator]

School Spirits returns.

[Cassie Herring]

Why am I here?

[Narrator]

Not dead right. Disruption on this campus will not be tolerated.

[Billy Fox]

I look crazy.

[Cassie Herring]

It's because that's how I feel. I don't know how to live in two worlds.

[Narrator]

Secrets lurk. There are others beneath the surface. They're not like us. We need to get out of you now. School Spirits new season. Now streaming only on Paramount plus.