Gut Feeling

Summary

Murder at The U – “Gut Feeling”

Podcast: 30 for 30 Podcasts, ESPN
Episode: 7
Date: March 12, 2026
Host: Paula Lavigne
Theme: The trial of Rashawn Jones for the 2006 murder of University of Miami football star Bryan Pata, and the tension, uncertainty, and procedural drama as decades-old wounds resurface, only to end in a hung jury.

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Episode Overview

This pivotal episode details the long-awaited trial of Rashawn Jones—Pata's former teammate and the main suspect in his murder. Listeners are taken inside the courtroom for a full play-by-play of the trial’s twists and emotional moments, as well as the devastating impact of a hung jury and mistrial. The story digs into the procedural errors by police, the emotional toll on Pata’s family, and the enduring challenge of arriving at justice when evidence is fraught with gaps.

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Key Discussion Points & Insights

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1. Pre-Trial Tensions and Judicial Decisions

• The Judge Limits the Defense ([00:54]–[02:13])
  Judge Christina Miranda excludes alternate theories and tips about other potential suspects (e.g., the nightclub fight with gang members, an alleged hitman’s confession) as either hearsay or irrelevant.

  • “There was a lot of information that had come in as tips...most all of it is being excluded.” – Judge Christina Miranda ([00:54])
  • As a result, the jury hears only the prosecution’s case against Rashawn.

• Plea Offer & Defiance
  Judge Miranda puts pressure on Rashawn to take a plea deal (15 years, with credit for 5 served), warning that conviction would mean life in prison (minimum 25 years).

  • “That means you come out in a pine box. That’s the only way out.” – Judge Christina Miranda ([02:13]) Rashawn refuses:
  • “Deep down in my heart, I know I’m innocent. So that means I got to go to trial to prove my innocence.” – Rashawn Jones ([03:03])

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2. Family and Emotional Stakes

• Pata Family’s Long Wait ([04:13]–[05:51])
  The family gathers before trial; Bryan’s mother Jeanette, who is elderly and infirm, expresses longing for closure.
  • “Do you think we’re going to win? ... I think God has that answer.” – Pata family discussion ([04:58])
  • The family recognizes the circumstantial nature of the case and fears for further heartbreak.

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3. Trial Begins: High Drama In and Out of Court

• Opening Confusion, Excluded Evidence ([08:53]–[13:45])
  Trial testimony is delayed as defense attempts to introduce a tip about an alleged Haitian hitman, Wilner Jacint, who reportedly confessed to Pata’s murder. ICE and Miami police failed to follow up on tips, demonstrating a pattern of poor police work.
  Judge Miranda excludes the confession as “double hearsay.”
  • “It is just shocking that they did not take this tip after a federal agent...said, I think this has merit...it’s like a blurp in the police report.” – Paula Lavigne ([12:41])
  • “Today was just epic in terms of how poorly a job they did investigating this.” – Paula Lavigne ([13:31])

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4. State’s Case: Weaknesses and Eyewitnesses

• Teammates Testify About a Gun ([14:56]–[16:20])
  Two teammates (now police officers), Dave Howell and Kareem Brown, say Rashawn had a revolver—a possible murder weapon (a .38 snub nose).

  • “He said, Big bro, you know I got that .38. You know, I keep that .38 on me.” – Kareem Brown ([15:44]) Defense hints this could refer to Rashawn’s jersey number, and questions their objectivity.

• Eyewitness: Paul Connor’s Identification ([17:49]–[20:18])
  A white writing instructor, Connor, IDs Rashawn as the person leaving the scene from a photo lineup—seven months after the murder.

  • Issues of cross-racial identification and unreliability are discussed.
  • “When you look back at that sketch...it’s hard not to think about context. But sketches also often aren’t great. And in this case, the only direct evidence that they’ve got...is Connor’s ID.” – Paula Lavigne ([19:28], [20:18])

• Cell Phone/Forensics Evidence ([20:28]–[21:30])

  • Testimony finds cell data inconclusive; Rashawn lived near Pata, so tower data can’t pinpoint his location.
  • No direct evidence from phone records linking Rashawn to Bryan or the scene.

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5. The Defense Rests Without Calling Witnesses

([21:30]–[22:07])

• In a surprising move, the defense rests immediately after the state, calling no witnesses—betting the prosecution hasn’t met their burden of proof.
  • “Absolutely shocking.” – Paula Lavigne ([22:05])

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6. Closing Arguments: Story vs. Gaps

• Prosecution’s Narrative ([22:25])
  Frames the case around jealousy and failed NFL dreams—arguing Rashawn killed Bryan out of envy after a failed drug test.

  • “On November 7th of 2006, that dream ended because of the jealousy of...the defendant, Rashawn Jones.” ([22:53])

• Defense Attacks Eyewitness Reliability ([23:13]–[24:38])

  • Challenges the reliability of Paul Connor’s identification, the chain of memory, cross-racial misidentification, and the state’s failure to directly link Rashawn to the crime.
  • “If you saw a person for one to two seconds at night and you were asked to accurately pick them...seven and a half months later, would you be able to do it?” – Defense ([23:20])

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7. Near-Brawl and Legal Oddities

([25:39]–[27:35])

• Disputes erupt over “jailhouse confessions” and conflicting testimony, with the state and defense accusing each other of manufacturing or suppressing evidence.
• The judge has to call a recess to diffuse tempers:
  • “Everyone out, including you. Out.” – Judge Christina Miranda ([27:33])

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8. Jury Deliberation and the Hung Jury

• Hung Jury After Seven Hours ([29:12]–[30:36])
  After five days of testimony and more than 20 witnesses, the jury is deadlocked—a mistrial is declared.

  • “I will declare a mistrial and a hung jury.” – Judge Christina Miranda ([30:15])
  • Devastation for Bryan’s family; Rashawn remains in jail, as everything resets to square one.

• Jury Dynamics: Five to One for Acquittal ([32:46]–[33:59])
  Paula Lavigne interviews jurors: The split is five jurors for acquittal, one for conviction, citing “gut feeling.”

  • “In order for us to get there, we had to make a lot of assumptions...the state needed to prove their case.” – Anonymous juror ([32:57])
  • “We just think the state hadn’t proved their case.” ([32:46])
  • Some jurors say they believe the eyewitness believed what he saw, but evidence was weak, and the cell phone links and motive didn’t add up.

• The Holdout’s Gut Feeling
  Other jurors voice frustration that the lone holdout couldn’t be swayed.

  • “Her reason was gut feeling. My heart is telling me he’s guilty.” – Another juror ([36:09])

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9. Aftermath and Reflections

• Defense Reflection ([37:20])
  Rashawn’s attorney Sara Alvarez expresses relief they didn’t call more witnesses, believing nothing could have changed the “gut feeling” of the holdout.

  • “If this juror was holding out because of a gut feeling, I don’t know how much that would have done.” – Sara Alvarez ([37:26])

• Family Determined to Continue
  The Pata family resolves to keep fighting:

  • “We know for Brian, we have to be there, just like he would have been here for us the same way every day, steadfast.” – Edwin Pata ([38:30])
  • “I feel confident that we will prevail...it’s just, unfortunately, not today, but when the next one comes...” ([38:36])

• Investigative Shortcomings & Racial Overtones ([41:56])

  • Attorney Andell Brown and others condemn Miami Dade police’s performance, speculate how the case would have been different if Bryan were white.
  • “If Brian had been white...I don’t think he would ever have to wait 5, 10, 15 years for the interest to reach a fever pitch...out the gate, everybody would have to provide answers...” – Andell Brown ([42:00])

• Lingering Questions and Uncertainty
  Authorities have 90 days to retry Rashawn. The hosts, family, and attorneys grapple with the probability that the real truth about Bryan’s killer may never fully surface, as legal and investigative processes have failed both the victim’s family and the defendant.

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Notable Quotes & Memorable Moments (with Timestamps)

• “That means you come out in a pine box. That’s the only way out.”
  – Judge Christina Miranda regarding life sentence ([02:13])

• “Deep down in my heart, I know I’m innocent.”
  – Rashawn Jones ([03:03])

• “It is just shocking that they did not take this tip after a federal agent...said, I think this has merit.”
  – Paula Lavigne, on ignored hitman tip ([12:41])

• “Absolutely shocking.”
  – Paula Lavigne, on defense resting without witnesses ([22:04])

• “My heart is telling me he’s guilty.”
  – Juror explaining their holdout ([36:09])

• “There is a window between closing arguments and the start of jury deliberations for lawyers to bring up evidence that the judge had excluded. It’s a chance for the defense to lay the groundwork for a future fight in case Rashawn was convicted and they wanted to appeal.”
  – Paula Lavigne ([25:39])

• “If Brian had been white...I don’t think he would ever have to wait 5, 10, 15 years...out the gate, everybody would have to provide answers.”
  – Andell Brown ([42:00])

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Important Segments (with Timestamps)

• [00:54] Judge excludes alternate suspect evidence
• [02:13] Judge outlines life sentence consequences
• [03:03] Rashawn refuses plea
• [12:41] Police investigative failings recounted
• [15:44] Testimony about Rashawn’s alleged .38 revolver
• [19:28] Discussion about unreliable eyewitness/sketch
• [21:56] Defense rests, surprising the court
• [30:15] Mistrial is declared
• [32:46] Jurors: Five to one for acquittal
• [36:09] Holdout juror’s “gut feeling”
• [41:56] Racial dynamics in investigation highlighted

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Tone & Language

The episode is restrained but emotionally charged, mixing clinical courtroom analysis with raw moments of family grief, exasperation at the justice system’s failures, and sober reflection on the limitations of both law and journalism. There’s a constant undercurrent of pain and frustration from all sides—victim, defendant, lawyers, police, and reporters.

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Final Thoughts

“Gut Feeling” is a gripping chronicle of a trial that’s less about what happened on the night Bryan Pata died and more about what happens when justice is built on shaky ground. Jurors, blocked from hearing key evidence, echo widespread doubts about the investigation. A single juror’s intuition winds up deadlocking the case—leaving everyone, from the Patas to Rashawn Jones and the ESPN reporters themselves, adrift. The final message: Sometimes, after all the testimony, evidence, and emotion, the real truth remains agonizingly out of reach.

Transcript

[Paula Levine]

Previously on Murder at the U.

[Rashawn Jones]

Everybody was looking for him.

[Dan Arruda]

Where's Rashawn?

[Judge Christina Miranda]

If you're asking me point blank do

[Paula Levine]

I think that he did it, the answer is no.

[Assistant State Attorney Christina Diamond]

I'm telling you, I had nothing to do with him. Done. No.

[Paula Levine]

Just days before the trial of the State of Florida vs. Rashawn Jones was set to start, the judge held a hearing in her courtroom. Rashawn Jones was there with his attorneys, and so was the prosecution.

[Judge Christina Miranda]

If I had a crystal ball, I would be able to tell you which way this case was going to go, but I don't. I often believe cases are going to go one way and they go the other and vice versa.

[Paula Levine]

Judge Christina Miranda, the woman who would preside over this trial, had something important that she wanted to tell Rashawn.

[Judge Christina Miranda]

There was a lot of information that had come in as tips, as potential ideas of other people that might have committed this offense. And most all of it is being excluded.

[Paula Levine]

Judge Miranda had ruled that the bulk of the alternate theories about who might have killed Brian Pata would not be admissible in court. She decided they were either hearsay or irrelevant. So the nightclub fight with gang members, Jada Brody's twin brother, word of an alleged hit on Brian. All inadmissible. What this meant is that the defense attorneys who were trying to prove that Rashawn didn't kill Brian couldn't bring up any of these theories as they fought this case. And the jury would never learn any of this. Instead, the only version of the story the jury would hear was the one where Rashaun allegedly killed Brian. Then Judge Miranda addressed Rashawn directly. She reminded him of the potential sentence he could be facing if he was convicted.

[Judge Christina Miranda]

It's life in prison. Yes, life in prison with a 25 year minimum mandatory. That means I have to sentence you to life, and that means life. That means you don't get out. That means you come out in a pine box. That's the only way out.

[Paula Levine]

Judge Miranda had just told Rashawn the only way he'd get out of prison would be in a coffin. It seemed like she was encouraging him to consider a plea deal. The state had offered Rashawn 15 years with credit for the five years he'd already spent in jail. That sentence would be lower than the one he'd face if he was convicted of second degree murder at trial.

[Judge Christina Miranda]

I would rather you find some sort of fairness and. And the victims find some sort of fairness and justice in this case without having to roll the dice at a trial. Have you had time to Think about that or do you want time to think about that?

[Rashawn Jones]

I had time to think about it, you know.

[Judge Christina Miranda]

Okay. And what is your position? What are you thinking?

[Rashawn Jones]

Deep down in my heart, I know I'm innocent. So that means I got to go to trial to prove my innocence.

[Paula Levine]

Rashawn insisted he was innocent and that he wouldn't accept the plea offer.

[Judge Christina Miranda]

Well, that's up to you.

[Rashawn Jones]

I'll be willing to go there.

[Paula Levine]

Then the judge decided to do something that we all found interesting. She started to bargain. It's something she said she does with all her defendants.

[Judge Christina Miranda]

Is there something that you thought of that maybe you would be able to

[Rashawn Jones]

live with this point? Your honor, with all due respect to everyone that's involved, dismissal would be the

[Judge Christina Miranda]

only thing I. Yeah, they're not going to do that. I thought you were saying you've already done five, so something along the five might be something that you will.

[Paula Levine]

Rashawn held firm. He didn't want to take a plea deal. He said he would rather go to trial and stand before a jury. The Pata family also wanted their day in court. In the lead up to the trial, producer Dan Arruda went to Edwin Pata's house outside Miami. Danny, what's up?

[Dan Arruda]

There he is.

[Rashawn Jones]

How you doing, man? How are you, man?

[Edwin Pata]

Great to see you.

[Paula Levine]

Waiting for everybody else to get here, Brian's siblings and their mom Jeanette were gathering for a family dinner at Edwin's house. Inside, Dan spoke to Brian's brother Fednall.

[Edwin Pata]

How are you feeling about this trial coming up, man?

[Dan Arruda]

To be honest with you, I'm glad

[Rashawn Jones]

it's finally here and just, you know, one closure for my mom, you know,

[Dan Arruda]

right now, you know, it's just up

[Paula Levine]

and down by now. Jeanette was 74 years old. Her medical issues had made talking difficult. So her daughter Ronette spoke for her. You know, she's been waiting for this for a long time. And just the other day, she stopped for a moment and she put her

[Dan Arruda]

head down and she just.

[Paula Levine]

The tears started to flow and she said, do you think we're going to win? And I said, I think God has that answer.

[Edwin Pata]

We spoke earlier about this being a very circumstantial case. There's a chance that a jury listens to all this evidence and can't get to a guilty verdict. Is that a possibility that you guys have considered?

[Judge Christina Miranda]

I've thought of it.

[Paula Levine]

I don't like to think of it. At the end of the day, I

[Judge Christina Miranda]

just always think about my mom.

[Paula Levine]

You know, she's the one that's stuck in with a broken heart along with her children.

[Judge Christina Miranda]

Like, I think about her, like, having

[Paula Levine]

to hear of the outcome of what

[Judge Christina Miranda]

she didn't expect, you know, how much

[Paula Levine]

more damage will it do to her? That's what I think about.

[Judge Christina Miranda]

That's what hurts me the most.

[Paula Levine]

Here. Jeanette spoke up. I have to get.

[Judge Christina Miranda]

She wants justice.

[Dan Arruda]

Were doing

[Paula Levine]

nearly two decades after Brian's murder, Reshawn Jones would face a jury of six people. The question for us Would police and prosecutors be able to paper over 20 years of mistakes, inaction, and scandal and get a conviction? Or would Rashawn's defense attorneys create enough reasonable doubt to. To convince a jury to let him free? I'm Paula Levine from 30 for 30 podcast. This is Murder at the U. Episode seven gut feeling. Ugh. You said you were over him, but his hoodie's still in your rotation. It's time. Grab your phone, snap a few pics, and sell it on depop. Listed in minutes with no selling fees. And just like that, a guy 500 miles away just paid full price for your closure. And right on cue. Hey, still got my hoodie? Nope. But I've got tonight's dinner paid for. Start selling on depop. Where taste recognizes taste list. Now with no selling fees, payment processing fees and boosting fees still apply. See website for details. There were moments working on this story where we questioned if we would ever make it to the day when someone would stand trial for the murder of Brian pata. But in February 2026, that day finally came. A mix of family members, former teammates, press, and law students descended upon the courthouse in downtown Miami. After four days of jury selection, testimony was set to be.

[Judge Christina Miranda]

Good morning.

[Paula Levine]

Good morning, your honor.

[Judge Christina Miranda]

Thank you. May be seated.

[Paula Levine]

The tension among the defense, the prosecution, and even the judge was impossible to ignore. It was no secret that the lawyers on the two sides didn't like each other. But even aside from that, they all seemed on edge. Inside the courtroom, the Pata family filled up the first two rows of seats. They sat right behind the prosecution. Later in the trial, Rashawn's mom would also make an appearance, sitting behind the defense. Dan and I attended every day of the trial. We'd listen to the day's events, crowded in with other reporters, and then we'd debrief each night.

[Edwin Pata]

And I am rolling.

[Paula Levine]

Okay. On that first day of scheduled testimony, Dan and I expected opening statements. But what we got was entirely different.

[Edwin Pata]

It is February 15th, day one.

[Paula Levine]

Wait. No, it's not.

[Edwin Pata]

It's not February 15th. Good God. That's a good start. It's February 17th. It was supposed to be day one of Rashaun's trial. Today. That didn't really happen. What happened this morning, Paula?

[Paula Levine]

Oh, my God. The defense wanted to talk about some evidence, and I thought at first it was going to be something easily dispensed with. And then when they brought up the ICE agent, we knew that this was not going to be resolved quickly.

[Judge Christina Miranda]

All right, anything else you all want me to address?

[Dan Arruda]

Yes, judge. There's one additional issue. So this goes to the court's ruling excluding the confession of Wilner Yasinthe. Wilner Yasinthi is a known hitman, and he confessed to the crime. The court excluded any reference to that, cross examination on that, anything related to that.

[Paula Levine]

Right off the bat, even before the jury was brought in, the defense had come in hot with some new evidence. It was more detail about another theory of who killed Brian Pata, a theory that could help the defense challenge the prosecution's version of events. It turns out an alleged hitman from Haiti named Wilner Jacint had apparently confessed to Brian's murder. Just weeks after the shooting, an informant relayed the confession to an immigration and customs enforcement agent.

[Dan Arruda]

The ICE agent in his report says that this person is wanted for illegal entry and murder. He says he's wanted for murder.

[Paula Levine]

And ICE informed the Miami Dade police of this tip back in 2009. But records we found during our reporting showed that the only thing Jacint had confessed to was recently shooting someone with a.38 caliber gun, a gun of the same type that police believe could have been used in Brian's murder. The alleged confession was so vague, we didn't include it in this series, especially because when we asked the police about Jacint, they said he'd likely died in the 2010 earthquake in Haiti. But now this alleged suspect was back. And as it would turn out, the tip ICE had received about him was more credible than we thought.

[Dan Arruda]

So now we have a specific statement linking that confession to the murder of Brian Pata. But the confession was, I just killed that kid from the University of Miami. I get paid to perform hits. According to these reports, the hitman was involved in a gang that originated in Miami Dade County. Based on sort of context clues and additional research we've done, it was a Haitian gang that originated in Miami Dade county in the Little Haiti area. And going back to the fight that happened at club Life, those were also individuals who were affiliated with a Haitian gang in the Little Haiti area.

[Paula Levine]

And we find out that it was so specific that Wilner Yacynth allegedly told this confidential informant that he killed Brian Pata by name.

[Edwin Pata]

This tip was clearly real. It clearly needed to be investigated, and it was not by mdpd.

[Paula Levine]

Not only was the tip credible, ICE had information that Jacint might be living in Georgia in 2011, which contradicted what the police had told us, that he'd likely died a year earlier.

[Dan Arruda]

ICE was trying, was actively reaching out to the Miami Dade Police Department, saying, hey, this guy, we have information that he is in Marietta, Georgia. And there he wasn't able to get in touch with anybody and then was bounced back between different police departments. They were giving him the run around like he said. And there was no follow up by the Miami Dade Police Department or any Florida law enforcement agency, as far as we're aware.

[Paula Levine]

It is just shocking that they did not take this tip after a federal agent who had been working in the field said multiple times, this comes from a reliable source. This is someone who had been a law enforcement officer who had been working confidential informants who knew the Haitian community. And all of that coming forward and saying, I think this has merit and making an effort to do it, and you don't take that and run with it. It's like a blurp in the police report. And it is the last entry that they have. Not like we needed any more signs that the police dropped the ball on this, but today was just epic in terms of how poorly a job they did investigating this.

[Dan Arruda]

So that's something that should have been followed up on. We want to be able to show leads that were not sufficiently investigated, sufficiently followed up on. And this is a lead that ties back to a number of other pieces of evidence that the officers had in this case.

[Paula Levine]

Ultimately, even with all of this, Judge Miranda ruled the ICE tip in inadmissible. She called it double hearsay. Jacinth's alleged confession had been made to an unidentified confidential informant, who then told the confession to an ICE agent. In the end, Judge Miranda would consider admitting this as possible evidence only if the defense had the alleged hitman himself, which they didn't. Jacint's whereabouts were unknown. And so yet another theory that could help acquit Rashauna wouldn't get in front of the jury. One day later, the testimony officially began.

[Edwin Pata]

Okay, it is Wednesday, February 18th.

[Paula Levine]

Over the next several days, we heard hours of testimony.

[Edwin Pata]

It is the 12 third day of state's testimony.

[Paula Levine]

Testimony from many of the people we interviewed while reporting this story.

[Rashawn Jones]

He was like, boy, you might as well. Go ahead and clip up.

[Paula Levine]

Willie told me that he couldn't get in touch with Rashawn, and I was scared. He was dead.

[Rashawn Jones]

I hopped out of the car, and I was like, yo, stop playing.

[Paula Levine]

The state tried to establish that Rashawn had a gun by calling two former teammates, Dave Howell and Kareem Brown. Dan had talked to them Both back in 2018, but neither had told us anything about Rashawn having a gun. They shared something different at trial. And can you tell the jury what the gun looked like? It was a.

[Rashawn Jones]

It was a black gun.

[Paula Levine]

It was a revolver, smaller caliber. It was a snub barrel. Not only did Dave say he had seen Rashawn's gun, but he'd said it was a revolver, the type of gun police believe had killed Brian. And when Kareem Brown, the other teammate, took the stand, he went one step further and told jurors that Rashawn made reference to having a.38.

[Rashawn Jones]

He said, Big bro, you know, I got that.38. You know, I keep that.38 on me. And I kind of just looked at him like, where is this coming from? And we just continue walking.

[Juror]

What did you understand him to mean by that?

[Rashawn Jones]

38, meaning a firearm?

[Edwin Pata]

And I think what the defense was trying to argue because Rashaun's number was 38. So I think the defense was trying to insinuate that by saying, I always got that.38 on me, that he was referring to his playing number.

[Paula Levine]

The defense also pushed back by pointing out that Dave Howell and Kareem Brown are now police officers and friends of

[Dan Arruda]

the Pata family, the only two witnesses in this case who say anything about Rashaun with a gun, which is directly contradicted by the other witnesses, both police officers.

[Paula Levine]

Now, they didn't say explicitly what they meant by that, but we took it to mean that the two men would want to present a story that helped the prosecution. For the Pata family, the trial was extremely emotional, and some of it was hard for them to watch. When the state showed the jury crime scene photos, Brian's siblings didn't want their mom to see them. As they pushed her wheelchair into the hallway. We could hear her saying she wanted to stay. At another point, after the prosecution played the audio from the 911 calls, Jeannette called out Rashawn's name. Bryant's sister Renette covered her mother's mouth, and the siblings escorted her out of the courtroom. Ultimately, the prosecution's case rested heavily on one man, the eyewitness Paul Connor. The former University of Miami writing instructor said he'd seen a man he later identified as Rashawn leaving the Colony Apartments the night Bryan was killed. Because Connor currently has memory problems, prosecutors played a video of when he testified in that bond hearing in 2022.

[Assistant State Attorney Christina Diamond]

Good afternoon, sir.

[Paula Levine]

Please introduce yourself to the judge. My name is Paul Connor. We did expect to hear some of Conner's recorded testimony, but there was one detail we didn't think the prosecution would bring up. Is this a fair and accurate representation

[Dan Arruda]

of the sketch that was created based upon your representation?

[Paula Levine]

Yes. Interesting thing is, is as they're talking to him about what did you do next? He talks about sitting with a forensic artist. And this is where I was surprised because I did not think that the sketch that was generated from Paul Connors description was going to make it into the trial. But it did.

[Edwin Pata]

Well, I think if the state hadn't put it in, the defense would have.

[Paula Levine]

Yeah, because when we've all seen the sketch and looking at photos from Rashawn, then it's not like a dead ringer, right?

[Edwin Pata]

No, no dead ringer by any means.

[Paula Levine]

And right at that point, like, it seemed like Rashawn's attorney sort of nudged and made him look straight at the jury because, yes, it's been 20 years, but like, it's. I think it'd be hard for them to even envision that guy in front of them ever looking like that sketch. The sketch also highlighted another issue that didn't come up during that initial hearing where Paul Connor had testified. Connor was a white witness IDing a black defendant. In the legal world, this is called cross racial id. There's considerable evidence that cross racial identification is unreliable. People tend to have own race bias, which means they're better at remembering faces within their same race. And that bias can lead to eyewitness misidentifications or worse, a wrongful conviction. And so when you look back at that sketch, the sketch that's supposed to be Rashawn but doesn't really look like him, it's hard not to think about context. But sketches also often aren't great. A mix of bad memory and the skill of the artist. In this case, the police had a stronger id. Much stronger. Paul Connor had picked Rashawn's photo out of a lineup. I do think with the jury, the fact that, yes, the sketch is. Whatever it is, the fact that he picks him out of a lineup, that is the thing to overcome as God. Right. As the one. And so there's a lot of ways you can chip away at that, but that still is the most powerful thing the jury has heard this entire time.

[Edwin Pata]

I think it's really the only real evidence, the only direct evidence. Right. Everything is still circumstantial. This is the only direct evidence that they've got and that they're going to have.

[Paula Levine]

One piece of evidence that didn't come up at the trial was the heated phone call that teammate Chris Zellner said he overheard in the locker room. The one where Brian told someone to come see me just hours before he was killed. Instead, a detective testified that the police never got records for one of Brian's cell phones. So we may never know if that call really happened or who Brian was talking to. What we do know from Rashawn's call logs is that there is no record of him calling Brian that afternoon. On the last day of testimony, the state called an expert in cell phone forensics to analyze the location data from Rashawn's cell phone. But the cell tower evidence was inconclusive. Since Rashawn and Brian lived so close together, the cell data couldn't place Rashawn at the scene of the crime. And so later that day, the state rested its case.

[Judge Christina Miranda]

All right, ladies and gentlemen, the state has rested in our case. I'm going to turn to the defense and ask them if they'd like to

[Paula Levine]

call our first witness. And here's where something happened that none of us saw coming. The defense, who could have called former detective Miguel Dominguez to the stand, or Jada Brody, Brian's girlfriend, or so many other people, chose to call no one at this time. The defense rest.

[Judge Christina Miranda]

Okay.

[Paula Levine]

I almost didn't even hear it. But as soon as the state rested, they said, the defense rests. And I think I mistaken. I was like, did I hear that right?

[Edwin Pata]

Shocking.

[Paula Levine]

Absolutely shocking.

[Edwin Pata]

Shocking, yeah.

[Paula Levine]

In a criminal trial, the burden of proof is on the prosecution. In the best case scenario, this was the defense's way of taking a knee, betting they already had the jury on their side. And so both sides moved toward closing arguments. The state went first.

[Juror]

Brian Pata was a senior at the University of Miami. He had everything going for him. He was about to end the NFL draft. The season was coming to a close. He switched positions.

[Paula Levine]

His draft stock was rising.

[Juror]

One of the top agents had just called him. Everything was going Brian Pattit's way. On November 7th of 2006, that dream

[Paula Levine]

ended because of the jealousy of this

[Juror]

man over here, the defendant, Rashawn Jones.

[Paula Levine]

And then it was the defense's turn. Rashawn's attorney, Christian Maroney, addressed The jury,

[Dan Arruda]

two things can be true at once. The death of Brian Patta was an absolute tragedy. Rashawn Jones is not responsible.

[Paula Levine]

With his last words to the jury, Maroney focused his energy on dismantling what Paul Connor thought he saw.

[Dan Arruda]

Paul Connor said that he is nearsighted and he's farsighted. He has to wear glasses for distance, and he has to wear reading glasses up close. Not only were the conditions poor, but the time between whenever he saw this person and the actual being shown the lineup was seven and a half months. Seven and a half months. Members of the jury, if you saw a person for one to two seconds at night and you were asked to accurately pick them, pick a photograph of them seven and a half months later, would you be able to do it? Another factor that you're going to be instructed to consider is whether the identification, the selection was cross racial, whether the person selected and the witness are of different races.

[Paula Levine]

Why?

[Dan Arruda]

Because it's difficult to identify someone of a different race. Paul Connor is a white man from Kentucky who's been in Miami for three years, and Rashawn Jones is a black male.

[Paula Levine]

And then Rashawn's attorney did something we'd all remember later. He took that sketch, the one an artist had made based on Connor's description of who he'd seen the night of Brian's murder, and held it in front of the jury.

[Dan Arruda]

Does this look anything like Rashawn Jones? Does this look anything like Rashawn Jones? Nothing. There was no direct competition between Brian and Rashawn Jones, not the type of competition that can drive someone to commit a homicide. Let's break this down. The government's theory of prosecution in this case is that Rashawn Jones failed his second drug test, not his first drug test. Where this is the first time that this has happened and this is a new thing that he's dealing with, not his third drug test, where he's now going to get kicked off the team. He failed his second drug test, and he has such a break, he's so upset that he failed his second drug test that he shoots his teammate in the head. Does that make any sense? Members of the of the jury, does that make any sense at all?

[Paula Levine]

There is a window between closing arguments and the start of jury deliberations for lawyers to bring up evidence that the judge had excluded. It's a chance for the defense to lay the groundwork for a future fight in case Rashawn was convicted and they wanted to appeal. And so Rashawn's team brought up another One of the many Joneses in this case. Emanuel Jones, the guy from way back when who allegedly confessed to killing Brian. I was nowhere around. No murder. I don't know anything about no murder. But judge Miranda warned the defense that if Emmanuel Jones made it in, so would evidence given by another Jones, George Jones. He's like, I want to talk to dude.

[Rashawn Jones]

We got in an argument and man,

[Paula Levine]

the next thing I know, he's on the ground. One alleged jailhouse confession by Emmanuel Jones pointed away from Rashaun. That would be good for the defense. But George Jones testimony pointed to Rashaun, which would be better for the state at this. One of Rashawn's attorneys fired back. There's a lot of issues involved with that jailhouse niche information that was fed to him by Detective Segovia. Excuse me. Yes. Where indeed, indeed. Rashawn's attorney had just accused the Miami Dade police of essentially manufacturing Rashawn's alleged confession to George Jones. Assistant state attorney Christina diamond was aghast.

[Assistant State Attorney Christina Diamond]

Don't say things you weren't present for

[Paula Levine]

and don't have any evidence of.

[Judge Christina Miranda]

We asked for the table, Ms. Peabody.

[Paula Levine]

We asked for the tape. Ms. Peabody.

[Judge Christina Miranda]

Maybe we should take a five minute break so that she can take a

[Paula Levine]

breath, not just me. Am I here? Yes.

[Judge Christina Miranda]

Everyone out, including you. Out.

[Paula Levine]

Out. Under. For a moment, Dan and I felt like we were back in middle school or in the audience at the Jerry Springer. Of course, none of those six jurors, the ones waiting in the deliberation room who would determine the outcome of this trial, had watched this unfold. They were already tucked away, poised to begin their part in all of this. Because this trial wouldn't be over until there was a verdict. A verdict that would rely on those six people unanimously agreeing on whether or not Rashawn Jones killed Brian Pata. What could go wrong?

[Juror]

She was not in a place where it was going to happen. She wasn't engaged. At that point, she stopped engaging with us altogether.

[Paula Levine]

Coming up, we go inside the jury room.

[Dan Arruda]

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[Paula Levine]

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[Dan Arruda]

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[Paula Levine]

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[Paula Levine]

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[Dan Arruda]

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[Assistant State Attorney Christina Diamond]

Call 1-800-GRAINGER click granger.com or just stop

[Dan Arruda]

by

[Judge Christina Miranda]

so it's 6:37. My understanding is that the jurors have decided that they want to come back on Monday. So I'm going to bring them out.

[Paula Levine]

Judge Miranda gave the jury one day off. It was a Friday. For Dan and me, it was a very long weekend of waiting.

[Edwin Pata]

I couldn't help but have a massive pit in my stomach over the weekend. Just playing out what could happen, what is probably going to happen. We're going to see a lot of pain in that courthouse. That stayed with me because it's something that we always knew might happen. But I think once the trial started, I thought, no, no, it'll be fine. This family will probably get some sense of justice. But I'm not sure that's going to happen now. Okay, I'm recording. It is Monday, March 2nd. It feels like 2065. What happened today, Paula?

[Paula Levine]

The news that came out was not good for anyone. All rise.

[Judge Christina Miranda]

All right, thank you. You may be seated. All right, ladies and gentlemen, I've received your note indicating that you continue to be deadlocked. And so at this time, I will declare a mistrial and a hung jury. Ladies and gentlemen, I wish to thank you for your time and consideration of this case.

[Paula Levine]

After two decades of waiting for a trial, five days of testimony for more than 20 witnesses, and seven hours of deliberations, it had all ended with a hung jury. A mistrial was a devastating outcome for both sides. It meant everything would go back to square one. No resolution for the Patas, no answer for Rashawn Jones, just the possibility of another trial. In the meantime, Rashawn would be going back to jail. Dan and I looked around the courtroom. We saw Jeannette Pata looking down with her head resting on her hand, crying. Her daughter Renette tried to comfort her. Well, the family immediately exited the courtroom. The defense stayed put.

[Edwin Pata]

Tell me about the defense team, how they were feeling and what they did after the hung jury was read.

[Paula Levine]

They were. They just. They looked shell shocked, really. A lot of animated talking between Rashawn and some of the attorneys. At one point, they were all holding hands in a circle. It appeared as if they were in some sort of, like, reflection or prayer or something like that. It was a very solemn moment. And then there was a moment when, and I think this was probably the hardest moment for that team, was when the corrections officer took Rashawn back and was taking him back into the jail. I had questions like, why did the jury give up after only seven hours of deliberation? What pieces of evidence were the most compelling? And why hadn't the jury been able to come to a unanimous decision one way or the other? We immediately began reaching out to the jurors by text, email, even LinkedIn messages. We wanted to find out what had happened inside that deliberation room. And eventually, I got in touch with a few members of the jury. One juror told me that the jury wasn't evenly split. In fact, just the opposite. They had voted five to one against convicting Rashawn.

[Juror]

We just think the state hadn't proved their case.

[Paula Levine]

I later interviewed this juror on the phone. The juror wanted to remain anonymous. So this is the voice of an actor.

[Juror]

In order for us to get there, we had to make a lot of assumptions. We didn't feel like we should be making those assumptions that the state needed to prove their case. There were so many gaps in the evidence that we needed.

[Paula Levine]

So I asked what were the pieces of evidence they would have needed to hear?

[Juror]

For some of us, the Jada thing was a gap. If this gentleman injected himself in the relationship, they could call Jada and help us understand what that was and the conflict between her boyfriend and this gentleman. For me, I needed to hear from Jada.

[Paula Levine]

I asked the juror about Paul Connor, the University Miami instructor who identified Rashawn out of a lineup.

[Juror]

All of us believe Paul Connor. We don't believe he lied about what he heard or what he saw or that he thought he saw this person. The challenge that we had was that he looked at the football pictures. He attended the games. He ate in the cafeteria. We could not ignore the possibility that he saw him on campus. None of us understood why they waited seven and a half months to do the lineup. That didn't make sense. He's not going to remember in what setting he saw him.

[Paula Levine]

The prosecution's theory of the case was that after failing his second drug test, Rashawn decided to take out his anger and jealousy on Brian by killing him. For this juror, that story just didn't make sense.

[Juror]

I just don't buy the mental break either. This wasn't the first suspension, and this wasn't the last. I couldn't connect the dots. Maybe I don't understand the human mind and why people do evil things. It was hard to comprehend how someone could wake up someday, have some news that was of their own making, and decide to kill someone else.

[Paula Levine]

The jury hadn't been allowed to hear about all the shortcomings and mistakes of the Miami Dade police that we've detailed in this series. But even still, this juror said they Were unanimous on one point.

[Juror]

We all did feel the Miami dade police department did a horrible job with this case.

[Paula Levine]

Ultimately, the juror felt like the Miami dade police had failed Bryan's family.

[Juror]

I feel bad for this man's family. They've been waiting on justice for so long, and you present a case that is all circumstantial. I just expected to see more.

[Paula Levine]

When the jurors returned on Monday to continue deliberating, they talked through all the evidence of the trial, and they ended up five. One with one juror wanting to convict.

[Juror]

This juror was concerned about him not going to the meeting, and she just couldn't get past the fight over jada. She really felt that was significant. Once that occurs, she felt like he didn't get over that, and he held that grudge for a long time. When he got the news he failed his second drug test, she felt that he snapped.

[Paula Levine]

That one juror held firm, and nothing the other jurors could say would change that juror's opinion.

[Juror]

She was not in a place where it was going to happen. She wasn't engaged. At that point, she stopped engaging with us altogether.

[Edwin Pata]

Sounds like rashawn came very, very close to walking out those courtroom steps today for your man. Except for one person, right?

[Paula Levine]

Over the next several days, I tried every way I could to get in touch with the one holdout juror and never heard back. But here's what another juror told me over.

[Dan Arruda]

What is frustrating is that the only juror who didn't want to change her mind, her reason was gut feeling. My heart is telling me he's guilty. The second time, we went back to the jury room with instructions from the judge, the she just kept reading her book and said, I'm not going to repeat myself. So we all decided to tell the judge we were done.

[Paula Levine]

Now, juries are supposed to reach a verdict based on evidence, not on their feelings. In fact, that's what judge miranda explicitly told the jurors before they began their deliberations.

[Judge Christina Miranda]

This case must be decided only upon the evidence that you have heard from the testimony of the witnesses and have seen in the form of exhibits, in evidence and these instructions. This case must not be decided for or against anyone because you feel sorry for anyone or are angry at anyone.

[Paula Levine]

For rashawn's lead attorney, Sara alvarez, the news about the jury cut both ways. They had come so close to an acquittal, but they had failed to convince one juror. That left the defense team trying to figure out what they would do differently in a retrial. I spoke to Alvarez outside the courtroom.

[Judge Christina Miranda]

There's no perfect way or no one way to try a case, especially given

[Paula Levine]

the way that this played out.

[Judge Christina Miranda]

I'm glad that we didn't ultimately call witnesses, because if this juror was holding out because of a gut feeling, I

[Paula Levine]

don't know how much that would have done.

[Judge Christina Miranda]

So we'll have to wait and see

[Paula Levine]

how it goes for the second trial.

[Judge Christina Miranda]

I don't want to put too much strategy out there.

[Paula Levine]

We reached out to the state attorney's office several times after the trial. No one there would talk to us, and they didn't release a statement to the press. What the state does with this is, I think, even more interesting now, knowing that it was so close for a not guilty verdict. A lot of people have asked if they decide to move forward. I don't know. What do you think?

[Edwin Pata]

I think they almost have to after the conversations they've had with the family. But they really do need to think, is this really worth it? You know, I was able to speak to Edwin and Edric afterwards, and I think their reactions were sort of tempered because they probably knew this was coming early in the day. But outside, they were buoyed. They were not ready to give up the fight. Clearly not the verdict you guys were hoping for. So what do you do now? You go home, you regroup, and then what happens?

[Rashawn Jones]

We know for Brian, we have to be there, just like he would have

[Paula Levine]

been here for us the same way every day, steadfast.

[Rashawn Jones]

We. You gotta be the same, and that's what we'll do. You know, I feel confident that we will prevail. I feel confident, but it's just. Unfortunately, it's not today, but when the next one come, I think new set of eyes and the new jurors, they should be able to see this, and I think we'll prevail.

[Edwin Pata]

I think when I look back at this trial in many, many years, I think something that'll come to mind is that the trial pretty much played out like our podcast did. Same witnesses, same line of questions, same story. But what the jury didn't hear was all the things that we reported on which they weren't allowed to hear. How do we reconcile the fact that this jury came to this verdict without even hearing all the other information, which wasn't allowed? I think I'm strangely. I am in the exact same place I was two weeks ago. I didn't know then. I didn't know what the verdict would be. I didn't know what the truth was. And I Still don't know any of those things. We've heard as much evidence as anyone on the planet, except maybe Miami Dade Police. And I still couldn't tell you beyond a reasonable doubt that Rashawn Jones was there and he pulled the trigger.

[Paula Levine]

We started reporting this story in 2017, more than a decade after Brian's murder. Murder. At the time, we hoped we could help solve the case and to bring his family some closure. But then the focus of our story shifted. It became more about the investigation itself, all the ways Miami Dade Police had dropped the ball. We tried to use our reporting to hold the police accountable for those shortcomings. We wanted law enforcement to do a better job. But once you publish a story, you can never control the consequences.

[Rashawn Jones]

There was a lot more attention on the case than there was before.

[Paula Levine]

Andel Brown is a criminal defense attorney in Miami. He started out in the public defender's office, so he's seen how Miami Dade police and prosecutors operate up close.

[Rashawn Jones]

What I think the detectives wanted was a mouthpiece to help them get the public to cooperate and come forward with information. ESPN became more of a magnifying glass, and I think that scrutiny is a lot of pressure.

[Paula Levine]

Now in the wake of a mistrial and all the failures from the police and prosecution, Brown finds himself thinking about Brian's family.

[Rashawn Jones]

I can imagine it is very difficult for them to see the legal process play out. And you have to balance that against the fact that Rashawn Jones deserves a fair trial. And an accusation doesn't mean that he's guilty. The Pata family doesn't deserve to be without answers. Rashawn Jones doesn't deserve to go to prison for something he didn't do. The reality of it is that the people investigating, the people prosecuting have to do a good job. They have to look at all the leads. They have to go wherever the evidence takes them. And if they didn't do that, then it's a disservice to both sides of the equation.

[Edwin Pata]

If Brian had been white, how would this be any different?

[Rashawn Jones]

If Brian had been white and a star football player, I don't think he would ever have to wait 5, 10, 15 years for the interest to reach a fever pitch out the gate. Everybody would have to provide answers for what happened to this star football player.

[Paula Levine]

Rashawn and Brian had been players for one of the most legendary college football programs in history. Having your name on that roster, especially for your young black man, almost guaranteed some kind of opportunity.

[Assistant State Attorney Christina Diamond]

Being on those Miami teams meant so much in not only getting to the NFL. But in your value in that city, you can say, I was on that 2004, 2005, 2006 Miami team. There's value to that cachet. It meant something.

[Paula Levine]

Dominique Foxworth is a sports commentator and a former NFL player. He'd also played college football around the same time Rashawn and Brian did.

[Assistant State Attorney Christina Diamond]

You assume that someone who is at college playing football, it feels like you're out. It, like, feels like you've cleared the most dangerous part and the most challenging part of your life. It feels unfair, honestly, to be so close to having the dreams that you want realized or at least having the doors of opportunity opened. As a young man in his early 20s with some connections and some success, to have that door slammed shut, whether it's because you were shot to death or because you're on trial again and again for the murder of your teammate.

[Paula Levine]

That Miami Herald reporter, Manny Navarro, had been thinking about the doors that could have opened for Bryan if he hadn't died so young. Navarro told us he thought Brian would end up on tv. It's hard not to remember that seeing Foxworth, who is now regularly on TV but two decades ago, was just like Ran and Brian playing college football, hoping to pursue bigger things.

[Assistant State Attorney Christina Diamond]

I think I do identify with both of them, but as much as I identify with any young black football player, like, so much of their experience is something that I'm familiar with. Like, we've all been in bar fights. When we were in college, as athletes, we felt like we were targets for that. Like, that happened. What that could have escalated to. Like, who knows? We all have had, like, relationships where somebody had been with someone else and there was cheating and there was this and other. Like, I was in the middle of those things, too. What those could have escalated to, I had no idea. So while I don't think of myself as someone who was ever, like, courting anything like that, it's always right next to you.

[Paula Levine]

For almost 10 years, we'd been combing through the details of Brian's life with one question in mind. Who had killed him? But in the world where Brian was alive, where he'd made it up the stairs to his apartment that night, the details of his life would be just that, Details that were private. The sex, the parties, the brawls, the kinds of things that could happen to a football player at a Division 1 school. And that would be true for Rashawn, too. He'd be a man who'd failed a drug test a few times in college, who'd gotten into some fights, who was now a father. Of course, that isn't the world we're in. In this world, Brian is dead. And Rashawn Jones, who has been in jail for the last five years, is scheduled to go to trial again when a mistrial happens in Florida. The state has 90 days to bring the case for a retrial. Rashawn's retrial is already slated for later this spring. He'll face a jury. Six new faces, six new people who get to decide if he murders murdered Brian. And maybe this time, those six people will come to a unanimous decision. But even if they do decide what really happened here, there's a hard truth we have come to accept. We may never know, really know, who killed Brian Pata. Oh, and one other thing. I've been emailing that notorious con man, George Jones, whatever you want to name.

[Rashawn Jones]

You want to call me a capitalist, opportunist, whatever. But when I saw the opportunity, I

[Paula Levine]

was like, I'll give it a shot. He knows there's going to be another trial, and he's told me he'll testify for the right deal, of course. And George isn't just talking to me. He. He reached out to Edwin, Brian's brother. His message was direct. Did you hear ESPN's podcast where Rashawn confessed to me? Then he dropped his cell phone number and left Edwin with 4? Rashawn needs to pay. And so it begins again. Murder at the U is based on reporting by me, Paula Levine and Dan Arruda, with support from Scott Frankel, Elizabeth Merrill, and ESPN's investigative unit. Our senior producer is Matt Frasica. Our senior editorial producer is Preeti Varathan. Our associate producers are Megan Coyle and Gus Navarro with Isabella Seaman. Our story editor is Adeza Egan. Additional editing by Ben Weber and Mike Drago. Our archival producer is Matthew Fisher. Our line producer is Cath Sankey. Production managers are Jason Schwartz and Sheena Williams Zamuda. Production support from Dean Gavo, Jorge Boza, Alan Germolinsky, Carl Gaffney, Caroline Hepburn and Phil Guidry. Fact checking by John Master Beradino. Original music and sound design by Ryan Ross Smith. Production assistants are Diamante McKelvey, Anthony Salas, Avia Owensby and Declan McMahon. Rights and clearances by Jennifer Thorpe and Cal Griffith. Legal by Tamara Laurie and Peter Scheer. Mike Drago is senior deputy editor of investigative journalism. Chris Buckle is vice president of ESPN investigative enterprise and digital journalism. Jose Morales is the executive producer of original content. David Roberts is executive editor of ESPN Sports News and Entertainment for 30. For 30 podcast. Preeti Varathan is head of Audio. Ben Weber is Senior Director for 30 for 30. Marcia Cook, Brian Lockhart, Heather Anderson and Burke Magnus are executive producers for 30 for 30. This podcast was developed by Tara Nadalny and Cynthia Parabello. To listen to more sports series like this one, search 30 for 30podcasts wherever you listen to podcasts or find us at 30for30podcasts.com. Thanks for listening.