![]() This way when investigators finally found the attacker, they could attach his name to the existing indictment and ensure that he faced all possible charges. He indicted the DNA profile itself from that drop of blood without even knowing to whom it belonged in order to protect the case from the statue of limitations. So two years after the attack, Waymire did something that had only been attempted once before in New Mexico. “It was pretty obvious that unless Brittani Marcell recovered memories of the attacker, that the one and only piece of evidence was a single blood drop,” Waymire told “20/20.” You were beaten traumatically, with a shovel, in your house.’ It was hard to take in.”ĭespite a drop of blood left behind by the suspect during his escape that provided Albuquerque Police Department detectives with a sample of his DNA and Diane Marcell’s description of the assailant, Brittani Marcell’s case went cold.ĭavid Waymire, a deputy district attorney in Albuquerque, was assigned to the case in 2010. They’re like, ‘That’s far from what happened to you. “It was scary after they told me what had happened,” Brittani Marcell told “20/20.” “I thought I was in a bad car accident. But after years of rehabilitation she would get her high school diploma, and eventually even graduate college. She would have to relearn how to read, write, walk, even swallow. There was no guarantee that Brittani Marcell would ever wake up, and if she did, no one was sure she would ever be the same.Īfter 10 days in a coma, Brittani Marcell regained consciousness but lost all memory of the attack. Doctors discovered she had a broken left arm, a broken left wrist, multiple skull fractures, fixed pupils and minimal brain activity.īrittani Marcell’s condition was listed as critical, and she was placed in a medically induced coma. The man escaped – bursting through a window – leaving Brittani Marcell fighting for her life. Diane says the man then grabbed a knife from her kitchen, threatening her, but Diane was able to flee the home and call 911. 11, 2008.īrittani Marcell’s mother, Diane Marcell who was heading home to meet Brittani for lunch, opened the front door and found her daughter lying on the floor just inside the house, covered in blood, and a man standing over her holding a shovel. In April, Hansen pleaded no contest to attacking Brittani Marcell, then 17, at her home just before noon on Sept. “I am ready to move forward and prove my innocence,” Justin Hansen, 34, said in an exclusive interview with ABC News’ “20/20.” “It does scare me not knowing the what-ifs and what could happen.” There was no guarantee that Brittani Marcell would ever wake up, and if she did, no one was sure she would ever be the same.(ABC NEWS)- A father of four, who was indicted based on a single drop of blood found at the scene of a 2008 near-fatal shovel attack in Albuquerque, New Mexico, says he didn’t do it and prosecutors can’t find any other evidence or a motive putting him at the scene of the crime. reporter Kurt Eichenwald wrote a front-page article about Justin Berry. She says that it’s because of her mom, who walked on time towards her, that saved her.īrittani Marcell’s condition was listed as critical, and she was placed in a medically induced coma. Dateline NBC reporter Chris Hansen claimed that the scope of the predator. Doctors discovered she had a broken left arm, a broken left wrist, multiple skull fractures, fixed pupils and minimal brain activity. Brittani, who was on the way to dine with her mom Diane Marcell, was suddenly beaten with a shovel by a masked person.īrittani Marcell’s mother, Diane Marcell who was heading home to meet Brittani for lunch, opened the front door and found her daughter lying on the floor just inside the house, covered in blood, and a man standing over her holding a shovel.ĭiane says the man then grabbed a knife from her kitchen, threatening her, but Diane was able to flee the home and call 911.
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