Reflections of a Dateline producer: 'Crossing the Line'

Read the reflections of Shane Bishop, the Dateline NBC producer of 'Crossing the Line' from November 11th, 2011.  You can always keep the conversation going with our producers on Twitter: @DatelineNBCProd

Hi, my name is: Shane Bishop

I've been a Dateline producer for: 18 years

When I first came across this story, I thought to myself: I grew up about 3 hours from Kalispell, and I watch the Montana newspapers closely. My heart broke for the family of Erin and Caden, especially as I learned of the long-sought-for love that had entered their lives in the person of Jason. But as I became more familiar with the case, I also came to feel a great deal for compassion for Justine’s family. In nearly every story we do, people just like you and me are suddenly thrown into situations for which there are no instruction manuals.  People who are doing their best to just get through the day are forced to make decisions with far-reaching consequences. Both families did their best, but approached this tragedy in very different ways.

My inspirations in telling this story: I want to get every story exactly right, but it’s accurate to say that I was even more inspired in this case because it took place in my home state. It was a very small story at its core: a fatal car crash. But the story had spawned so many rumors, and its characters had so many nuances. It was important to do a story that was accurate and fair to both of the very decent families involved.

Something I won’t forget about Montana’s Flathead Valley: One night this past summer, the camera crews and I were out until 3 a.m. shooting all the video we needed for this story. We had a camera attached to the side of the car, and were driving up and down Highway 93 between Kalispell and Whitefish. We’d stop frequently to adjust the camera or check the video. And it seemed every time we stopped, another car pulled in behind us. Each driver got out and asked us if we needed help. It was so kind, and it reminded me of why I’m so proud to be from Montana.

The most memorable words I heard: When Jason Thompson finally took the stand to speak directly to Justine Winter at her sentencing, I was struck by one passage detailing how he helps children as a school counselor. He said, “The thing I value and try to teach our children at a young age is when you cause harm to someone, the most important thing is to apologize, show concern for what you’ve done, and try to make amends.” You couldn’t follow this story without realizing just how far a simple apology would have gone for Jason and for Erin’s family.

The most admirable person I met along the way: Jason Thompson.

The most striking image I saw:  I still cannot shake one image from my mind. It’s a photo of Erin and Caden in deep embrace on the day of Erin’s marriage to Jason in 2006. There is a contentment in that photo that I think all humans strive for. And to know Jason lost these two people whom he loved so much is very tough to contemplate.

What still surprises me about this story: This story has probably generated more emotional debate than any I’ve been a part of in 18 years at Dateline. Because it involves the death of a child and a pregnant mother, and because the defendant is an honor roll high school student who has no memory of the crash, it’s nearly impossible to know what issue will resonate with those who see it. Even in my own home, people don’t see eye-to-eye about either the crash, or an appropriate punishment for Justine Winter.

Biggest challenge while doing this story: Convincing the Winter family to trust me and to trust Keith. I spent so many nights tossing and turning wondering if we were going to get the opportunity to talk to Justine. Her story was the piece of this puzzle that no one had ever heard, and to me, it was vital to get face-to-face with her to hear her story in her own words.

In a word, this is really a Dateline story about: Compassion.

Last but not least, in general, I wish: I wish both families peace. And I wish Justine to do something positive with her life once her sentence is served.

Discuss this post

If for no other reason justine should get time for texting while driving.

    Reply#1 - Fri Nov 11, 2011 10:44 PM EST

    Justine wasn't texting, she was trying to kill herself because her boyfriend broke up with her. She woud not have had memory loss if she didn't purposely smash into the car with 3 innocent people in the car. She acts like she had nothing to do with the loss of those people. She should be ashamed of herself as her parents for condoning her actions that night. And her father works for the fire department and he thinks this is okay? I would not want him coming to save me I would be afraid of his decisions. Justine needs to serve for her crime and 7 1/2 years is not enough to serve for killing 3 people over a boyfriend! Really????? she took that more man's wife and stepson and unborn child from him and his life will never be the same. Not to mention the biological father of the 13 year old boy. I don't know how she can look herself in the mirror and once she gets out she goes on with her life like nothing happened and the other family lives with the loss of their family for the rest of their lives. She deserved 200 years!!!!

      Reply#2 - Fri Nov 11, 2011 11:21 PM EST

      Yes! I'm surprised that that was not said. That's all the prosecutor needed to focus on. It didn't matter what the messages were about, it's not possible to read & type and pay attention to the road.

        Reply#3 - Fri Nov 11, 2011 11:28 PM EST

        She didn't even understand what the court meant when they asked her for an apology! Really you killed 3 people and you don't even have the compassion to apologize? That is because in her mind she didn't do this there was just evidence all over the accident site and her car that this act of death on those 3 people were intentional!!!!

          Reply#4 - Fri Nov 11, 2011 11:30 PM EST

          Agree. She TRIED to act that way, but she knew exactly what they meant. She is a coward for not taking any kind of responsibility. Her mother, father, and brother seemed a bit odd to me, that's probably why they believed her.

            #4.1 - Fri Nov 11, 2011 11:47 PM EST
            Reply

            Justine was a teenager who had a fight with her boyfriend. SOME teenagers get very animated for every little thing. Their lives are all they see. She was selfish. All she was thinking about that night was herself. She did a selfish act. She is guilty. Teen guilt.

              Reply#5 - Fri Nov 11, 2011 11:34 PM EST

              I know this tragedy had to be hard for both families involved, so i did try to watch with an open mind. I find it hard to understand why Justine's family had the nerve to try to sue Erin's family or Erin's estate especially when the evidence seemed more damaging on Justine's part. Is it coincidently that she would be texting about killing herself then this tragedy happens?? Very hard to view as coincidently to me. When Justine took the stand, she was just to nonchalant, matter of fact. Or could it be immaturity, hopefully so. I also find it strange how she remembers some things but not the incident. Hmmm.... But she alone will live with this the rest of her life, and that might be enough for her. My thoughts are with all family members who were affected by this story.

                Reply#6 - Fri Nov 11, 2011 11:36 PM EST

                Like Falcon66 said, if for no other reason, Justine is guilty because she was texting while driving. The text messages alone don't prove Justine was intent on suicide, but then the evidence from the car's "black box" really makes you feel it's true. Perhaps the text messages fueled her to do what she did. But because of all her actions-what a selfish bitch! Parents who spoil their children (must be nice to drive a Grand Am at 16), not making their children accountable throughout their lives for their actions just enrage me. It's always everybody's and anybody's fault but their children. I adore my children, but there are consequences for bad behavior, and my children have had theirs that they have had to deal with. Justine's parents are a joke-how could they let those terrible lawyers file those papers against Erin's estate. And again, they take no responsibility for their actions. Just always have an excuse. Pitiful, just pitiful.

                  Reply#7 - Sat Nov 12, 2011 2:03 AM EST

                  It's too bad that Justine didn't have a good friend or family member that she could have talked to before this tragic accident. Someone who could have told her that loves come and go. Boys break your heart but you do get over it. Suicide is a selfish act. I believe that she had visions of ending her life and everybody being sad and her boyfriend being sorry he was mean to her. She wasn't thinking about the innocent people in the other car. Just herself. She did it and she needs to admit it. She needs serious therapy so that she can understand the selfishness of her act. And, her family needs to accept that she did what she did. She is guilty. "Good" girls can do stupid things - and this was a very stupid thing that took three lives. She needs to pay for it.

                    Reply#8 - Sat Nov 12, 2011 2:13 AM EST

                    I hate to admit it, but I fell asleep before the end of the show last night. Was Justine found guilty and what kind of sentence did she receive? I couldn't believe that there could even be a doubt that she did something very impulsive and foolish that night that resulted in the deaths of Erin and her children. I hated it when I awoke to find the 11:00 news on. Someone fill me in. Justine's family seemed like nuts to me. How could they have hired those sleazeball lawyers to try and put the guilt on the driver of the other car?

                      Reply#9 - Sat Nov 12, 2011 6:23 AM EST

                      The most concern, thoughts and prayers for Jason. God bless him and keep Erin, Cadin and their baby close to Jason each and everyday. I HOPE Jason will establish a NEW law against texting while in a motor vehicle and a "NEW AWARENESS of SAFETY" for all motorists in this country. May Erin, Cadin and their baby shine a LIGHT on safety for the rest of us. I also pray for Justine's forgiveness and for her sincerity towards Erin, Cadin and baby. Her true explaination of what really happened? Was this horrible accident deliberate or was this accidental? Did she loose sight of her driving while texting? Did she intend on this deliberately? My sincerest prayers, thoughts and concerns to both families and thanks for NBC and Keth Morrison for explaining the accident and helping us to understand the dangers of texting while driving. Thank You NBC!

                        Reply#10 - Sat Nov 12, 2011 10:59 AM EST

                        Justine and her family are in denial. I can't believe she could not say sorry even if she didn't remember what happened. She is still the one who caused the accident that nite her car went into the other lane and hit Erin and Cadin's car. Even if she didn't mean to do it it's still her fault and she should say sorry to the other family. I also think even if she wasn't trying to kill her self like her and her family say what was she doing texting while driving in my state you can get a ticket or fine for just that also what was she doing speeding and with her seat belt off ?????????????????? I'm sure the police wouldn't make that up . And texting is documented at what time she was doing it. She needs to face what she did and stop living in denial.

                          Reply#11 - Sat Nov 12, 2011 12:23 PM EST

                          I do believe that Justine has no memory of events immediately preceding the crash - that frequently happens with head injuries. And, to give Justine the benefit of the doubt, it's possible the centers in her brain having to do with compassion were damaged. But I believe she's following the lead of her father. The dad is in total denial. It must be hard to face up to the fact that your child attempted to kill herself, but the evidence is there (texts, high speed, no braking , no seatbelt). But to allow the lawyers to sue the estate of the people killed is beyond the pale - and he's still making excuses about why it was okay to do so. As I understand it, the parents never apologized to Erin and Caden's family either.

                            Reply#12 - Sat Nov 12, 2011 2:34 PM EST

                            From personal experience I believe this was a tragic "accident". I believe "yes" she was texting, and "yes" she swerved into the oncoming traffic. She has no recollection because of her head injuries. That is where the truth stops. I believe she was doing the teenage "Drama Suicide" thing with her boyfriend with "NO" intention of following through. I think the mobil device was dropped in the car. I believe she reached for it and could not get it. I think she then took off her seat belt to reach. When she did that, the law of physics kicked in. Her foot came down heavier on the accelerator, and her arm moved the steering wheel left. By the time she sat back up, it was too late. It was a tragic accident, but she can't remember these things, to fill in the blanks. I wasn't in an accident, but I did take my seat belt off to go after a cell phone. I did accelerate and my car did end up in the left lane. Thank God no one was coming the opposite direction. This scenario explains the black box, and it explains who she is. She really never was anyone that would commit suicide. Her serving time does not accomplish anything. Maybe the time would be better served raising awareness against using mobile devices while driving. Maybe visiting the widow of the lady and helping out there. Justice was not served here for anyone. What a lose, lose, lose for everyone. My prayers will be going out!!!!!

                            Annette Torsak

                              Reply#13 - Sat Nov 12, 2011 4:10 PM EST

                              It is easy to figure out what happened in this accident, Justine was speeding, drifted over the center line and hit Erin's car. The motivation is far from crystal clear. Justine was definitely at fault and deserves punishment (Including jail time), but I personally do not believe that she was trying to hit the car or to kill herself. I think she was upset, angry, texting and driving fast without regard to the safety of others. Does she deserve punishment?, yes. Does she deserve to be convicted of deliberate homicide?, no.

                              Fuzzy-4499624 states, "I also find it strange how she remembers some things but not the incident. Hmmm....". I have no doubt she has no memory of the accident and most neurologists would back me up on this. Short term memory is electrical, long term memory is chemical. You can think of your brain as being somewhat analogous to a lap top computer. If you drop your lap top from a height of ten feet, what is in the computer's memory is gone for good, this is analogous to Justine's short term memory and why she will never remember the accident or the time leading up to it. The lap top's hard drive would be damaged, particularly where the heads were writing to disk when you dropped it. This is analogous to Justine's long term memory and is very dependent on the severity and type of brain injury Justine received. Over time she might regain partial memory of the month before the accident as the brain repairs itself as best as it can by forming new neural pathways.

                              I have been in an accident similar to this one. I to received a head injury and I have a memory gap that starts 30 minutes before the accident. This memory gap will never be filled. In my case I was the victim. The person who hit me was doing 88 MPH in a blinding rain storm, hydroplaned, entered the median, launched into the air and landing on the driver's side windshield and roof of my car. I too was "killed" in this accident. So how am I writing this? My friend who is an anesthesiologist was in the car behind us and restarted my breathing twice at the scene of the accident and restarted my heart twice in the medical helicopter. The person who hit my wife and me was kept in the hospital overnight for observation and released.

                              Since I was not killed, the law took a very different approach to my accident. The state patrolman on duty was new and did an incomplete job of investigating the accident. Consequently, the prosecution could not say how fast he was going before the collision. On the way to the careless driving trial, I spotted a car coming up behind me at a high rate of speed. When I got over to let the car pass, guess who it was? The guy that caused the accident! Since I was not killed, he was only found guilty of careless driving and given two points on his license and a $200 fine. After being found guilty, what did he say before sentencing? "I am sorry for what happened to you, but I know in my heart that I have done nothing wrong."

                              This sort of thing happens everyday. I could tell you numerous stories of victims that suffer life long while the perpetrators get by with a slap on the wrist. I have no doubt that the person who hit me was badly affected by the accident in spite of his claims of innocence. I am permanently disabled and have suffered more than he ever will. Not only is Justine being severely punished, she has a long long road ahead of her living with a severe brain injury.

                              • 1 vote
                              #13.1 - Sat Nov 12, 2011 6:16 PM EST
                              Reply

                              Hi. I beleve everything up to the texting was correct including the content. But i think she may have dropped the cell phone and tried to pick it up. Taking off the seat belt, and holding onto the steering wheel witch would have pulled to the right if she leaned over to the passenger side floor and her weight would have put pressure on the accelarator. Witch would explain the turning and the speeding up of the car. When raising up and seeing the impending collision would explane the last minute brakeing. from the last text to the collision was alot of time that she can't account for. I don't think anyone would commit sucide and involve another person. sucide is such a personal act.

                                Reply#14 - Sun Nov 13, 2011 8:22 PM EST

                                I agree with blackkat46220. I was thinking the same thing and came here to post it then saw their post. It seems more likely that she dropped the phone, took off her seat belt to reach for it, when doing so, accidentally accelerated came up and noticed the car and tried to brake at that time. She did not try to kill herself or anyone else. It was an accident.

                                  Reply#15 - Mon Nov 14, 2011 5:52 PM EST

                                  I think putting her through a trial and into jail may have been just as "selfish" on the State's part as they claimed the accident was on Justine's part. Nothing comes of it except revenge and perpetuating anger. I think Jason understands this... at least HE made it safe for her to apologize. He seems to be the only one living in a world where one can grow from this. Except for him, Justine is not safe opening herself up.

                                  (I haven't thought about the above explanations for the accident, but dropping her phone and losing control of the car in the manner she did seems very possible. Keith Morrison made a good point about not being able to read her mind - she wasn't trying to kill the other people; she was presumably just trying to kill herself. A post made the point that she was living in a world where Justine only saw herself.)

                                    Reply#16 - Fri Nov 25, 2011 1:45 AM EST

                                    Man you people, i am sup riced at Nbc there parent company. They have too talk about this, When what we really need too talk about in this country in Jobs. When and how much longer do I have too wait for a job. Why are we stimulating china. Why can't we stimulate the good old usa. Where are those jobs that oboma promised where are they already? Shame on You Nbc. Shame on you.. Controlling people.

                                      Reply#17 - Mon Nov 28, 2011 4:50 PM EST

                                      Your report sucked:

                                      1) The accused by NOT an adult; she was a child.

                                      2) “Unborn children” are not children. To be a child, one has to be born.

                                      3) Justine was no doubt brain-damaged in the accident. How could she participate meaningfully in her defense?

                                      4) What was accomplished by sending her to prison? Absolutely nothing.

                                      • 1 vote
                                      Reply#18 - Sun May 27, 2012 9:05 PM EDT

                                      Your report sucked:

                                      1) Justine was not an adult, she was a chld.

                                      2) “Unborn children” are not children.

                                      3) Justine was no doubt brain-damaged in the accident. How could she participate meaningfully in her defense?

                                      4) Sending her to prison accomplished nothing...except to destroy one more life.

                                      The American judicial system also sucks.

                                      • 1 vote
                                      Reply#19 - Sun May 27, 2012 9:17 PM EDT
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