ReportWire

Tag: 48 Hours

  • Zombie Hunter’s unique murder defense: His mother created a monster

    Zombie Hunter’s unique murder defense: His mother created a monster

    [ad_1]

    The murders of two young women, killed months apart while riding their bikes along a canal in Phoenix, Arizona, went unsolved for more than two decades and would become known as the Phoenix canal murders.

    Investigators got a break 21 years after the murders thanks to DNA and genetic genealogy. They zeroed in on Bryan Patrick Miller, 42, a divorced father raising his teenage daughter. Investigators soon discovered Miller had an alter ego. He was a local celebrity known for participating in parades and festivals as the Zombie Hunter.

    A person of interest, detectives just needed a sample of Miller’s DNA to make the case or eliminate him as a suspect.

    TWO YOUNG WOMEN VICIOUSLY MURDERED ALONG BIKE PATH

    Clark Schwartzkopf: It’s one of those cases that you just don’t forget … you can’t unsee what happened to those girls, you just can’t.

    Long before the man known as the Zombie Hunter became the prime suspect in the canal murders, Clark Schwartzkopf was a detective with the Phoenix Police Department’s cold case squad. His mission was simple but pointed: find the killer responsible for those vicious murders of two young women from the early 1990s.

    Clark Schwartzkopf: To this day, I’m still not exactly sure about what … happened on those … bike paths.

    The case began on Nov. 8, 1992. Angela Brosso, a tech worker who had recently moved to Phoenix, was taking advantage of beautiful weather to get in a little exercise, says Briana Whitney, the true crime reporter for the CBS affiliate KPHO in Phoenix.

    Briana Whitney: Each night, she would go out for her evening bike ride just at golden hour at sunset, the best time to be riding out here.

    Angela Brosso
    Angela Brosso was viciously murdered on the eve of her 22nd birthday.

    Cedar Cliff High School


    Angela was only hours away from turning 22, and, like a lot of locals, she liked to bike on the paths that ran alongside the city’s distinctive canals, says Schwartzkopf, a “48 Hours” consultant.

    Peter Van Sant: Are there places that are sort of natural ambush sites if somebody wants to attack someone?

    Clark Schwartzkopf: Yeah, they are … there’s a lot of tunnels that go underneath the interstate.

    That November evening in 1992, Angela left her apartment around 7 p.m., her boyfriend Joe later told police. He said he stayed home to bake Angela a birthday cake and didn’t expect her to be gone long.

    Briana Whitney: Hours go by, and Joe grows concerned. Angela hasn’t come home. And that’s not like her.

    Joe told police he took his bike out three times that night, frantically searching for Angela on the canal paths. He spoke to her friends — even her mother back in Pennsylvania. Finally, he reported Angela missing to police. The next morning, searchers came upon a horrific scene.

    Angela Brosso crime scene
    Detectives at the Angela Brosso crime scene.

    KPHO


    Briana Whitney: Angela Brosso’s torso was found in a field next to the trail that she had been riding her bike on.

    Angela had been stabbed to death.

    Approximately 10 days after Angela’s headless body was discovered, a man fishing along this section of the canal, spotted her head stuck on a grate.

    Morgan Loew, an investigative reporter who also works at KPHO and is a “48 Hours” consultant, has been working on the canal killer case for more than a decade.

    Morgan Loew: And from what we have heard from witnesses … the head was in amazingly good condition, especially considering this was days after the murder. … We’ve heard that the head looked like it had been preserved … Like it was a memento for the killer.

    Angela’s purple mountain bike was also missing. There were no solid leads, and the case went quiet until September 1993—10 months after Angela’s murder—when the mother of 17-year-old Melanie Bernas returned from a dinner date to find her daughter had broken her curfew and was not home. She then noticed that Melanie’s bicycle was missing.

    Melanie Bernas
    Melanie Bernas, 17, was a student at Arcadia High School. “My time and my life froze at that very moment the day we found out,” said friend Rachael Schepemaker. “I made a promise to myself … I just never stopped talking about her.” 

    Maricopa County Court


    Morgan Loew: Melanie decides to go on a bike ride … by around 10:30 when Melanie did not return, her mother … started calling her friends. “Is Melanie there?”

    Rachel Schepemaker: Well, my mom took the phone call … said that Melanie’s mom was frantic and like nervous …

    Rachel Schepemaker was one of Melanie’s close friends in high school.

    Peter Van Sant: So initially when you hear … that her mother’s looking for her … You’re not thinking something terrible has happened to your friend?

    Rachel Schepemaker: Definitely not. I thought she was with a friend and just forgot to communicate with her mom where she was.

    Early the next morning Charlotte Pottle, a local resident, happened to be riding along the canal with her young daughter in a bicycle seat. Just as they came out of one of those tunnels that ran under the interstate, she spotted a puddle.

    Charlotte Pottle: There was just a big puddle of something. … Ended up riding right through it … and having it splash up over me.

    Pottle says something about the puddle bothered her, so a few minutes later she doubled back. That’s when she made a horrible realization.

    Charlotte Pottle: I could tell that it was a puddle of red, that it was a puddle of blood.

    Charlotte Pottle (pointing to a tree): And all of a sudden, as I’m looking at it, I noticed that there are some drag marks that went along over here.

    Peter Van Sant: Toward that tree.

    Charlotte Pottle: Towards that tree. Yes. … And then went around the tree and was drugged back … you could see the drag marks right here to the canal.

    Pottle went home and called police. Later that night, the local news reported that a woman’s body had been found in the canal, close to where Angela Brosso’s head had been located.

    Rachel Schepemaker: They found the body in a teal bodysuit. I was told by some other friends that Melanie did not own that. It can’t be her.

    Schepemaker went to sleep convinced the body in the canal was not Melanie. But the next day —

    Rachel Schepemaker: I’m at school … my friends just come up to me crying and saying it was Melanie.

    Detectives strongly suspected Melanie had been targeted and stabbed in the back by the same person who had killed Angela.

    Morgan Loew: Police believe that somehow, the killer got her off of her bike, whether he knocked her off of her bike or whether he asked her a question.

    Schwartzkopf says the evidence indicates the killer approached the women from behind.

    Clark Schwartzkopf :Both the knife wounds were the exact same position.

    Investigators say the killer dragged Melanie’s body off the canal path removed her clothes and dressed her in that teal bodysuit.

    Peter Van Sant: Along with the stabbing and the dismemberment, there was another component to these murders, wasn’t there?

    Briana Whitney: Yeah, both women were sexually assaulted.

    And that meant investigators had a crucial piece of evidence: DNA.

    Clark Schwartzkopf: when the DNA from Melanie’s scene was finally tested later, it … matched to Angela’s scene. So, we knew for sure that we were dealing with the same perpetrator.

    Investigators noted that the initial stab wounds to the backs of each woman were fatal and so precise that detectives suspected the killer might be a surgeon.

    Morgan Loew: The details about what happened … were the kinds of things that kept parents from letting their kids out when the sun went down.

    THE TRAIL LEADING TO THE “CANAL KILLER” BEGINS WITH DNA FROM THE CRIME SCENE

    The murders of Angela Brosso and Melanie Bernas in the early 1990s created fear in Phoenix that lasted for a generation.

    Morgan Loew: They watched the news and read the newspaper every day, hoping that police would make an arrest. And it just kept going on and — nothing and nothing and nothing.

    Investigators had collected matching male DNA from both the victims. But more than two decades passed and the canal murder cases went cold. Then, science finally caught up with the calendar.

    Briana Whitney: It’s in 2014, Phoenix police detectives are at a DNA conference. … and a forensic genealogist from California is also at the conference.

    Colleen Fitzpatrick, founder of Identifinders International, was there to meet with law enforcement.

    Briana Whitney: And she goes up to these detectives, and says, hey, I can take Y chromosomes and create these DNA profiles and try to match … with genealogy to help solve criminal cases.

    Fitzpatrick’s company had developed software that could mine public genealogy databases, searching for matches to crime scene DNA. The detectives heard her out.

    Colleen Fitzpatrick: And then several weeks later, they sent me the Y-DNA profile … from the crime scene for the Phoenix canal murders.

    Fitzpatrick’s company started crunching the data, hoping to provide Phoenix detectives with a name.

    Colleen Fitzpatrick: We entered the numbers from the forensic profile into our software. … That’s where I came up with six matches to the name Miller.

    While the genetic genealogy search produced the name Miller, it is also one of the most common last names. Detective Schwartzkopf started digging.

    Peter Van Sant: You check your files and what do you find?

    Clark Schwartzkopf: I think there were a total of six Millers that were on what I called my master list. … And I went down through the list … got to Bryan Patrick Miller.

    Bryan Patrick Miller
    Bryan Patrick Miller

    LinkedIn


    But who was Bryan Patrick Miller? Records showed he was 42 years old with a Phoenix address. That name was just one of more than 600 persons of interest who had lived in those case files for years, placed there by a tip. Police at the time seemingly did not pursue Miller.

    Clark Schwartzkopf: We discovered his file downstairs.

    Police learned Bryan Miller had a record dating back to before the canal murders. In May 1989, when he was just 16 years old, Miller crossed paths with Celeste Bentley.

    Celeste Bentley: I was 24, and I was going to work. … I had … just noticed … a young boy on the bus.

    Bentley says she and the boy got off at the same stop. Moments later, she felt something in her back.

    Celeste Bentley: He had ran by me, I thought he had just hit me. … I just yelled at him. I was like … “why — why’d you do that,” you know? And then, I reached back and touched my back and realized that it was blood … I had been stabbed.

    With a single knife wound to her upper back, Bentley screamed and managed to make it to the store where she worked. A coworker called for help. About 30 minutes later, when Bentley was in the back of an ambulance —

    Celeste Bentley: The police came and said they found him, and they wanted to bring him to the ambulance to show him to me.

    Bentley identified her assailant. Bryan Miller was charged with aggravated assault.

    Celeste Bentley: They said that if he had held the blade the other way, he would’ve gone straight through my ribs, and I could have died.

    Miller pleaded guilty and was sentenced to juvenile detention until he turned 18. It was a far cry from where Miller’s life had begun.

    Briana Whitney: He was living in Hawaii for a while as a kid with his mom and his dad. But his dad died early on in a motorcycle accident.

    Years later, Miller and his mother Ellen moved to Phoenix.

    Briana Whitney: So, for most of his life and early years, it was Bryan Miller and his mom.

    While Miller was in juvenile detention, his mother made a disturbing discovery.

    Morgan Loew: Bryan Miller’s mom was looking through his stuff, and she found a note that he wrote.

    Bryan Patrick Miller note
    A disturbing note written by a teenage Bryan Patrick Miller that his mother found while he was in juvenile detention. It spelled out how he wanted to find, abduct, rape, murder and dismember a young woman. 

    Phoenix Police Department


    The pages detailed a sinister plan: kidnap the girl, tie her up in the truck and cut her clothes off.

    Morgan Loew: This note spelled out how he wanted to find, abduct, rape, murder and dismember a young woman. And Bryan’s mom was so disturbed by this piece of paper that she took it to Phoenix police.

    It was Miller’s 18th birthday and he had just been released as an adult.

    Clark Schwartzkopf: She flat out told police at the time that she was really scared for her safety. … And that she was not going to allow him to come home.

    So, after his release, Miller ended up at a Phoenix halfway house. When Schwartzkopf read that note in 2014, he was struck by something.

    Clark Schwartzkopf: There was a lot of things in there that were close or similar to what happened specifically to Angela.

    Including a description of decapitating a victim and preserving the head. Phoenix police wanted to locate Miller. Luckily, he was very easy to find.

    INVESTIGATORS MEET BRYAN MILLER BUT DISCOVER HE IS THE ZOMBIE HUNTER

    In December 2014, Phoenix police continued digging into potential suspect Bryan Miller who they discovered was actually a local celebrity.

    Briana Whitney: Everybody at the time in the Phoenix area knew Bryan Patrick Miller as this character called the Zombie Hunter.

    Peter Van Sant: The Zombie Hunter. … Like a comic book character?

    Briana Whitney: Yeah, like a comic book character. Like a … good guy fighting the bad guys.

    Miller’s alter ego was a costumed figure who participated in parades and festivals around town.

    Briana Whitney: He wore this long trench coat with these goggles and helmet and had this large Gatling gun.

    The
    Bryan Patrick Miller in costume as the Zombie Hunter.

    Ben Garcia


    And if you’re going to hunt zombies, you need a way to get around.

    Briana Whitney: He bought … an old police car and tricked it out … wrote “Zombie Hunter” on it.

    Morgan Loew: And it had a full-size zombie mannequin in the back and blood on the side.

    Friend Eric Braverman says Miller’s zombie hunter persona attracted a big fan base — including law enforcement officers who lined up to pose with him.

    Eric Braverman: Collected pictures of himself with the cops like trophies. … They’re all smiling big with him leaning on the car.

    Bryan Patrick Miller
    Bryan Patrick Miller

    Maricopa County Court


    Braverman says Miller’s superhero character was the opposite of what Miller was like when he wasn’t in costume.

    Eric Braverman: He seemed like a harmless marshmallow that was immersed in this goofy lifestyle. …  He’s just that unassuming guy.

    But could Miller be the canal killer? The only way to find out was to get his DNA. Investigators began to surveil Miller, who worked at an Amazon warehouse. Every day when he got there, Miller parked the zombie mobile in the same spot.

    Clark Schwartzkopf: He would come out for his 15-minute break, blast his music really loud. … Lunchtime came out to the car, same thing. … Blast this God-awful music.

    Schwartzkopf came up with an elaborate plan to get his DNA.

    Clark Schwartzkopf: I went up and introduced myself to Miller. He was in his car.

    Peter Van Sant: What did you introduce yourself as?

    Clark Schwartzkopf: I introduced myself as a security consultant.

    Schwartzkopf told Miller that thieves had been stealing goods from a warehouse across the way.

    Clark Schwartzkopf: I said, “would you be interested in working for me as a security officer watching the building while you’re outside?”

    Peter Van Sant: Did his eyes light up?

    Clark Schwartzkopf: Yeah, because it was a good paying job. I said, look—”I’ll pay you 20 bucks an hour.”

    On Jan. 2, 2015, Schwartzkopf met Miller at a Chili’s restaurant to fill out a job application. The cold case unit was behind the scenes ready to bag anything that had Miller’s DNA on it, such as utensils or a glass.

    Clark Schwartzkopf: They set a table for me and Mr. Miller away from everybody else in a part of the restaurant where nobody else is at.

    Miller arrived with a surprise guest — his 15-year-old daughter, Sarah. Miller was a divorced, single dad.

    Eric Braverman: He was very gentle in caring about his daughter. He often brought his daughter … where he would be going.

    The trio sat down and ordered hamburgers. When the food arrived —

    Clark Schwartzkopf: He swallows his hamburger, in like, five bites. … Won’t take a drink of his water. And I’m sitting there going, “Are you sure you … don’t want … something else to drink? You just got water.” “No, no, I’m good, I’m good, I’m good.”

    Schwartzkopf started to worry this operation would be a bust.

    Peter Van Sant: And what does he finally do that makes this mission accomplished?

    Clark Schwartzkopf: He finally took a drink from the water glass … That’s when I knew that, OK, now we’ve at least got his DNA.

    Mug from Zombie Hunter DNA sting
    The mug Bryan Patrick Miller drank from during the sting.

    Maricopa County Court


    Despite knowing about Miller’s juvenile record, as their meal ended, the veteran detective’s gut told him Miller was not their man.

    Clark Schwartzkopf: Seeing him with his daughter. … I just don’t see this guy as being the monster in 1992 and ’93 that would do this to these women.

    Miller gave Schwartzkopf a quick tour of his Zombie Hunter mobile, and the two parted ways with the detective saying he’d be in touch. The cold case unit sent Miller’s water glass off to the crime lab.

    Eleven days later, Schwartzkopf says there was a call from the lab.

    Clark Schwartzkopf: And we’re sitting there and we’re like, “what is this all about?”

    Briana Whitney: And in this meeting, these Phoenix detectives say, as a joke, “Huh, they must have solved the canal murders.”

    But Detective Schwartzkopf says it was no joke when the head of the lab arrived.

    Clark Schwartzkopf: She leans down to me, she goes, “It’s him.” I go “What?” She goes, “Bryan Miller, it’s him.” … Well, the blood rushed from my head. … I kind of sat back and I went, “You’ve gotta be kidding.”

    Bryan Miller’s DNA from that water glass matched the DNA recovered from Angela Brosso and Melanie Bernas more than 20 years before. Miller was arrested within hours. During a police interview shortly after, Miller was told why he’d been taken into custody in connection with the canal murders.

    DETECTIVE: We have DNA that links you to those two ladies.

    BRYAN MILLER: I don’t see how that’s possible.

    Clark Schwartzkopf: He just kind of … went through it in his dopey kind of, I don’t know what you’re kind of talking about.

    DETECTIVE: Would help you get it off your chest if you did something like that.

    BRYAN MILLER: I didn’t kill anyone.

    DETECTIVE: You didn’t kill anybody?

    BRYAN MILLER: No.

    Investigators got a search warrant for Miller’s house, the home he shared with his teenage daughter and just about everything he’d ever collected in his life.

    Brian Patrick Miller's kitchen
    Bryan Patrick Miller’s kitchen.

    Phoenix Police Department


    Clark Schwartzkopf: I can remember like it was yesterday walking up to the front door and everybody going, “you can’t get in that way” … “It’s full of crap.”

    Morgan Loew: Bryan Miller’s house was like it came from the show “Hoarders.”

    Clark Schwartzkopf: There was a little pass where you could get to a bathroom and the kitchen and where the TV was, and that’s it. Everything else is just stacked to the roof with garbage.

    Peter Van Sant: Did you look around and go, “This is madness?”

    Clark Schwartzkopf: Not only madness, I go, “This is a nightmare.”

    Schwartzkopf and his investigators would have to sift through all of it looking for other possible evidence. Detective Schwartzkopf also focused on a new source — someone Miller himself had ominously singled out in his interview.

    BRYAN MILLER (to detective): It’s the one person on the face of the earth I could probably honestly say I hate.

    Miller’s ex-wife Amy, who would end up revealing gruesome details from Miller’s violent past.

    Clark Schwartzkopf: He had told her about the murder of a young girl who had come to his door accidentally.

    BRYAN MILLER’S VIOLENT PAST REVEALED

    In January 2015, more than 21 years after the canal murders, Bryan Miller was charged with first-degree murder in both Angela Brosso and Melanie Bernas’ deaths. Melanie’s friend Rachel Schepemaker says she felt a wave of relief.

    Rachel Schepemaker: A very joyous moment of “Oh my gosh, this is what we’ve been waiting for, for decades upon decades.”

    Detective Schwartzkopf wanted to talk to the one person who probably knew Miller best, his ex-wife Amy.

    Clark Schwartzkopf: They had been married for eight years. There was a divorce.

    Amy told Schwartzkopf that she was just 19 when she met Bryan Miller in 1996. They married less than a year later and moved to Everett, Washington. Amy had a shocking revelation for the detective. She told Schwartzkopf Miller had revealed a gruesome secret to her: that he had killed a young girl in Phoenix years earlier, before he’d ever met Amy. Schwartzkopf says Amy never reported it to police before for a number of reasons; she didn’t know if it was true, she was afraid of Miller and she said she wanted to be a good wife.

    Clark Schwartzkopf: You support your man no matter what.

    Detective Schwartzkopf says Amy told him what Miller had said.

    Clark Schwartzkopf: That a young girl had come to his door. … That he had grabbed this young female, pulled her in, killed her immediately.

    Amy said Miller told her he dismembered the girl and disposed of her remains in trash left on the curb. Although Amy claimed Miller never told her the child’s name, investigators used the information Amy provided to piece together who Miller may have been talking about.

    Briana Whitney: Thirteen-year-old Brandy Myers was a little girl collecting money for a school book-a-thon in her north Phoenix neighborhood, going door to door.

    Kristin Dennis: I was a tomboy, and she was a girlie girl.

    Brandy Myers
    Brandy Myers

    Phoenix Police Department


    Brandy’s sister, Kristin Dennis.

    Kristin Dennis: So, she would try to learn how to climb trees or jump fences because she wanted to play with me. She was my best friend.

    It was May 26, 1992, six months prior to the murder of Angela Brosso. Miller was living in the halfway house following his time in juvenile detention for the aggravated assault of Celeste Bentley.

    Kristin Dennis: This is one block from our school, his home, and then three blocks is our house. So, every single day, we walked right by here.

    Dennis says Brandy left home alone that evening, never to return.

    Kristin Dennis: She was last seen two doors down from Bryan’s … walking in the direction of his house.

    Despite an extensive search, Brandy’s body was never found. Schwartzkopf says even though Amy couldn’t provide a name, the clues in her account add up to just one conclusion.

    Clark Schwartzkopf: I believe that person is in fact, Brandy Myers.

    Her sister believes that as well.

    Kristin Dennis: Brandy went to the landfill … like something of no importance.

    Even with Amy’s account, investigators did not have enough evidence to charge Miller in Brandy’s disappearance.

    Clark Schwartzkopf: So, the fact that she was disposed of … there’s nothing physical, nothing forensically to grab onto.

    Melissa Ruiz-Ramirez
      Melissa Ruiz-Ramirez

    Clark Schwartzkopf


    “48 Hours” contacted Miller who said he had no involvement in Brandy’s disappearance and never confessed to Amy that he had killed a young girl. But there is another case in Miller’s past.

    Morgan Loew: In 2002, a woman named Melissa Ruiz-Ramirez is walking down the street in Everett at night … Somebody pulls over.

    It was Bryan Miller. Ruiz-Ramirez would later tell police she’d seen him before, talking to a friend of hers. Ruiz-Ramirez said she got in Miller’s car and told him she needed to make a call and he drove her to his workplace so she could use the phone.

    Morgan Loew: She tells police she’s on the phone and from out of the clear blue, Bryan Miller comes running out with a 12-inch serrated kitchen knife and stabs her in the back. They fight over … the weapon.

    Ruiz-Ramirez said she escaped and contacted police. They picked up Miller shortly after. He didn’t deny stabbing Ruiz-Ramirez, but claimed it was self-defense. He said he was at work when Ruiz-Ramirez walked in off the street and asked to make a call.

    Clark Schwartzkopf: He said … she goes to use a phone. And then … all of a sudden out of the clear blue … she tries to rob him with a knife.

    Miller was arrested and charged with first degree assault with a deadly weapon. He was jailed from May 2002 until his December trial.

    Clark Schwartzkopf: The jury just didn’t buy Melissa’s story. … It was a “he said, she said” … and they acquitted him of the charge.

    Amy says a chilling change followed Miller’s return home. She said it began with the letters she’d received from her jailed husband while he awaited trial.

    Clark Schwartzkopf: They first started out as … professing his innocence, and then it would turn into sexual deviance. Like, here’s what I’m going to do when I get out to you.

    Amy told Schwarzkopf that Miller followed up his words with action.

    Clark Schwartzkopf: She said he came back with an unbelievable, ugly, dark sexual deviant side that she’d never seen before.

    Clark Schwartzkopf:  There were times where there was sex between them where he held a knife to her throat.

    Amy told Schwartzkopf that Miller claimed something happened to him as a child — something that would become the cornerstone of his defense for murdering Angela Brosso and Melanie Bernas. His unique defense? His mother had created a monster.

    THE TRIAL OF THE ZOMBIE HUNTER

    At the start of Bryan Miller’s trial for the murders of Angela Brosso and Melanie Bernas in October 2022, his attorneys opened with a startling defense—they admitted their client was the canal killer.

    Morgan Loew: They had to concede right off the bat that he is the actual killer, but that he was not guilty by reason of insanity.

    His defense attorneys say Miller was tortured by his mother Ellen as a child, and that led to his violent sexual behavior. She died in 2010.

    Morgan Loew: If you imagine the making of a monster, this is kind of the household … that story begins in.

    Miller told investigators after his arrest that the beatings began when he was just 5 years old.

    Morgan Loew: She was a detention officer. Discipline in their house was mental as well as physical.

    BRYAN MILLER (to detective): She used her security belt, and it was like a law enforcement belt, and usually I got hit by the buckle.

    Ellen and Bryan Miller
    Ellen and Bryan Miller.

    Clark Schwartzkopf


    The defense opted for a bench trial, which meant there would be no jury. His lawyers told Judge Suzanne Cohen that Miller’s mother also exposed her young son to violent sexual content.

    Morgan Loew: He was exposed to her interests in pornography and extremely violent films.

    Miller’s lawyers said his mother’s abuse caused Miller to develop severe mental health problems.

    Bethany Brand: He feels like there are different TVs playing in his head.

    Psychologist Bethany Brand testified that Miller developed a condition known as dissociative amnesia — an inability to remember some traumatic events. Morgan Loew summed up the defense argument.

    Morgan Loew: There were two Bryans. There’s the one you see over there at the defense table, who’s a fairly normal person who has friends, who had a job, who was a dad, who was a husband. … And then there’s the killer. There’s bad Bryan.

    And Miller, claimed his attorneys, had no memory—none—of the two murders he was charged with.

    Prosecutors undermine the defense claim that Miller has no memory of the killings. They point out that he remembers details related to other stabbings.

    Remember, Miller admitted stabbing Celeste Bentley when he was 16 years old, and in 2002 he had also testified about the stabbing of Melissa Ruiz-Ramirez in Washington.

    To show Miller’s deviant side, prosecutors called the only person in the world Miller said he despised: his ex-wife Amy. The judge did not allow cameras to record her face. Under questioning by prosecutor Elizabeth Reamer, Amy testified that later in their marriage, Miller grew increasingly violent during sex.

    ELIZABETH REAMER: Did you ever say anything to him about wanting it to stop because it was scary?

    AMY MILLER: No.

    ELIZABETH REAMER: Why not?

    AMY MILLER: I was avoiding any confrontation with him at all at that point and (sighs) wanted to be as compliant as possible so that I would say, will he love me enough not to kill me?

    ELIZABETH REAMER: Did he ask permission prior to using needles on you?

    AMY MILLER: No.

    ELIZABETH REAMER: Did he ask permission prior to tying you up?

    AMY MILLER: No.

    ELIZABETH REAMER: What percentage of your sex life after he got out of jail in Washington included bondage, the pins or other things that were not the normal sex you’d been having early in your marriage?

    AMY MILLER: Probably at least 95 percent.

    The trial continued and after 6 months and 36 witnesses, the judge delivered her verdict.

    JUDGE COHEN:  As to count one, first-degree murder Angela Brosso is as follows: guilty. … As to count two, first-degree murder victim Melanie Bernas as follows: guilty.

    Bryan Patrick Miller trial
    Bryan Patrick Miller during his murder trial.

    Pool


    Peter Van Sant: How did Bryan Miller react to the guilty verdict?

    Morgan Loew: He didn’t react. … He didn’t give any real emotion.

    But Angela’s mother, who addressed the court remotely, was emotional.

    LINDA BROSSO STROCK: The defendant broke my heart … took all hope and light from me and my family. The hole in my heart is so big and empty.

    Melanie’s older sister Jill Bernas also spoke remotely about how painful it was that Melanie’s life ended violently at the age of 17.

    JILL BERNAS CANETTA: For 30 years now, we’ve had to live without Melanie because the defendant murdered her … Words cannot even begin to describe the level of excruciating pain we experienced with the news of her horrific death.

    Miller—who didn’t take the stand during his trial—was allowed to give a statement before he was sentenced.

    BRYAN MILLER: I am not looking for sympathy today. This time is for the family and friends of the victims. I cannot imagine what pain they have endured for all these years. … I know I am different. … I thought it had to do with what my mother did to me.

    Defense counsel RJ Parker urged Judge Cohen to show mercy before she delivered her judgement on Miller’s sentence, life in prison or death.

    RJ PARKER: You do not have to kill Bryan in order to see justice done.

    Judge Cohen agreed with the centerpiece of the defense case.

    JUDGE COHEN: The defendant’s abuse as a child was proven.

    But eight months after the trial began, Miller’s abuse at the hands of his mother did not dissuade Judge Cohen from handing down the ultimate sentence.

    JUDGE COHEN: There is no question that what the defendant did deserves the death penalty.

    JUDGE COHEN: Mr. Miller, anything you wish to say to the court? 

    BRYAN MILLER: I guess, thanks for, uh, listening to everything that was said and giving us at least the opportunity to try and convince you otherwise. 

    Det. Clark Schwartzkopf: Justice was carried out in this case.

    zombie-bernas-brosso.jpg
    Melanie Bernas and Angela Brosso

    Arcadia High School/Phoenix Police Department


    Detective Schwartzkopf hopes family and friends of Angela and Melanie might finally find some peace — people like Melanie’s friend Rachael Schepemaker.

    Rachel Schepemaker: Just knowing that justice was served … it doesn’t make anything easier.

    Peter Van Sant: How do you want your good friend to be remembered?

    Rachel Schepemaker: Just that she’s the all-American good kid.

    Rachel Schepemaker: I want her family to know that we haven’t forgotten her … She changed us all for the better … She was a gift.

    Under Arizona law, Bryan Miller’s death sentence will be automatically appealed.


    Produced by Paul LaRosa, Susan Mallie and Kat Teurfs. Cindy Cesare is the development producer. Anthony Venditti is the content research manager. Morgan Canty and Cameron Rubner are the associate producers. Michelle Harris, Marcus Balsam, Phil Tangel and Mike Baluzy are the editors. Anthony Batson is the senior producer. Nancy Kramer is the executive story editor. Judy Tygard is the executive producer.

    [ad_2]

    Source link

  • Investigators use psychology to help extract confessions from a suspected serial killer

    Investigators use psychology to help extract confessions from a suspected serial killer

    [ad_1]

    This story previously aired on Jan. 21, 2023. It was updated on Oct. 21.

    More than two decades after “48 Hours” correspondent Erin Moriarty began reporting on the case of a missing 12-year-old girl from Friendswood, Texas, there is finally a conclusion to the case. What no one knew when Laura Smither first went missing in 1997 was that she had been the victim of a serial killer. William Reece would go on to murder three young women that same year before he was eventually identified by DNA.

    LAURA SMITHER AND KELLI COX

    Erin Moriarty: There was a very scary killer who was going up and down I-45 on his way, Texas, Oklahoma and back –

    Josh Rogers: That is correct.

    Erin Moriarty: — killing young women.

    Josh Rogers: That is correct.

    Interstate 45 runs through the swamps and derelict oil fields between Galveston and Houston. The highway marks a trail of unsolved murders that stretches back for decades. And Friendswood, Texas, Deputy Chief of Police Josh Rogers says 1997 was a particularly deadly year.

    Gay Smither: We were living in such a false sense of security. … it was quite a shock to the system when we got educated.

    Erin Moriarty: And you got educated the hard way?

    Gay Smither: The worst way. Absolutely the worst way.

    Laura Smither
    Laura Smither, 12, disappeared on April 3, 1997, while jogging near her home in Friendswood, Texas. “When there was absolutely no sign of her, we knew then that something terrible had happened,” said Laura’s mother Gay Smither.

    Gay Smither


    On April 3, 1997, Gay Smither’s 12-year-old daughter Laura — an aspiring ballerina — went out for a run and never returned. As days passed, thousands of volunteers on foot and on horseback combed the swamps and fields around their home in Friendswood. The U.S. Marines even flew in to help.

    Erin Moriarty with Gay and Bob Smither
    “48 Hours” correspondent Erin Moriarty with Gay and Bob Smither in1997.

    CBS News


    I was also there in 1997 with the family — Gay, Bob and Laura’s younger brother, David.

    Erin Moriarty (1997): Are you surprised by the outpouring of concern and sympathy?

    Bob Smither: Oh, we’re uplifted by it. It’s the only thing getting us from one day to the next.

    Erin Moriarty (looking at photos with the family in 1997): The beginning of the ballerina.

    Bob Smither (1997): Exactly. Yeah, this was taken in the backyard of the house…

    Gay Smither (1997): There is no doubt she’s coming home.

    Gay Smither: I went into denial immediately. I — I would not accept any other scenario other than somebody had taken her and that if I prayed hard enough, she’d be released to come home to us. That’s how I coped.

    Then came the devastating news 17 days later, when Laura’s decomposing body was found in a retention pond 12 miles from her home, by a father and son walking their dogs.

    Father (1997): We thought it was a dead animal in the water or something like that… but my son Jason … says “no, animals don’t have socks.”

    Gay Smither: I screamed into the phone. … That’s not Laura! That’s not Laura! That’s — I couldn’t accept it … And that was — I can still hear my screams in my nightmares.

    Gay Smither: And then, of course, we had to tell David. And for some things, there are no words.

    Erin Moriarty: How old was David at the time?

    Gay Smither: Nine. … He not only lost his sister; in a way, he lost his parents … we were physically there, but we were emotionally absent … Part of us was gone. Part of us was ripped out.

    After weeks in the water, Laura’s exact cause of death could not be determined. Investigators also couldn’t be sure if she had been sexual assaulted. In spite of the unknowns, a suspect emerged pretty quickly — a man named William Reece.

    Gay Smither:  It was the third day that Laura was missing that he was on the police radar.

    Erin Moriarty: That quickly?

    Gay Smither: Yes, the third day.

    Erin Moriarty: And why?

    Gay Smither: Because he was a sex offender.

    William Reece
    William Reece, a convicted sex offender, was released from prison six months before Laura Smither’s murder.

    14th Court of Appeals


    Reece been released six months before Laura’s murder after spending 10 years in prison for two rapes in his native Oklahoma. He was now working in Friendswood.

    Josh Rogers: He was … building a residential subdivision and was a bulldozer operator.

    And on the day Laura went missing, because of rain, police learned, Reece was let off work at 9 a.m.

    Josh Rogers: Which would have taken him right in the direct path of Laura Smither.

    Investigators searched Reece’s truck and found fibers from replacement floor mats matched trace fibers on Laura’s socks.

    Josh Rogers: These weren’t factory … floor mats. … These weren’t common fibers.

    While police continued to investigate Laura’s case, Reece remained free and was traveling back and forth between Houston, where he worked, and Anadarko, Oklahoma, where his mother lived. Then in July 1997 in Denton, Texas — a university town along the stretch of interstate connecting them — 20-year-old Kelli Cox disappeared.

    Jan Bynum: I used to describe it, it’s like Martians picked her up. She just vanished.

    Kelli’s mother Jan Bynum says Kelli had gotten locked out of her car after a class trip to the Denton police station. She had gone to a nearby gas station parking lot to use a pay phone.

    Jan Bynum: Very busy area, with police officers everywhere.

    Kelli Cox with daughter
    Kelli Cox, pictured with her daughter Alexis, disappeared on July 15, 1997 from Denton, Texas. “I had nightmares for years that she was being hurt or harmed every day,” Jan Bynum said of her daughter. “The pain does not go away.”

    Jan Bynum


    Jan knew something was wrong when Kelli failed to pick up her then-toddler, Alexis, from daycare that afternoon.

    Jan Bynum: She would never have left her daughter. … she was only 19 when Alexis was born. But she took such responsibility … And she embraced being a mom. Oh my gosh, she embraced it. … And I know she absolutely adored this one over here (looks at Alexis).

    In addition to raising Alexis, now 27 years old, Kelli was taking a full load of courses at UNT, the University of North Texas, in Denton.

    Jan Bynum: She was maintaining straight A’s in college.

    Alexis Bynum: All A’s on her finals a week after having me.

    Jan Bynum: Yeah, a week after she had Alexis, she took her final exams and pulled all A’s on — I mean, she was very, very driven.

    Alexis says she remembers little about her mother, except the anguish of her being gone.

    Alexis Bynum: I remember looking for her.

    Erin Moriarty: You do? Even though you were that little?

    Alexis Bynum: I remember lookin’ all around the house.

    Jan Bynum: She would look in closets …  She would look under the bed and say, “Mommy, mommy.”

    The days of searching turned into weeks, and then months. Jan was on local TV pleading for help finding her daughter.

    JAN BYNUM (1997 news report): I don’t want it on the back burner. I want her face out there.

    But unlike Laura Smither, Kelli was a young woman, not a child. And as the case dragged on, Jan says she didn’t feel that finding Kelli remained a priority for police. Jan still remembers a conversation she had with one member of the department three months after Kelli went missing.

    Kelli Cox missing poster

    KTVT


    Jan Bynum: And he said, “You should just consider yourself lucky we’re even working on this case. Most police departments would have just turned her picture into the Missing Persons Clearinghouse and been done with it.” … that was heartbreaking.

    Jan was certain that someone had abducted Kelli but was at a loss. Police had no body and no strong leads, and the case soon grew cold.

    Jan Bynum: I don’t think … I ever completely not think when the phone would ring, that maybe it was something about Kelli.

    Just 11 days after Kelli went missing, up in Oklahoma, and not far from William Reece’s hometown, another young woman was about to vanish.

    TIFFANY JOHNSTON AND JESSICA CAIN

    Kathy Dobry (looking at photos): She’ll always be my baby. … She’ll always be a granddaughter … and she’ll be a wife.

    Tiffany Johnson and Kathy Dobry
    Tiffany Johnston was abducted in broad daylight … she just vanished,” Kathy Dobry said of her daughter’s July 26, 1997 abduction at a Bethany, Oklahoma, car wash.

    Kathy Dobry


    Kathy Dobry’s daughter Tiffany Johnston, 19 years old and newly married, was just starting to build her life. On July 26, 1997, she vanished from a Bethany, Oklahoma car wash, leaving her car behind.

    Kathy Dobry: Her car mats were hanging on the car wash rack … her money, her paycheck, everything was in the car.

    The next day, Tiffany’s partially clothed body was found in tall grass just off the interstate, 15 miles west of that car wash. She had been strangled and sexually assaulted.

    tkf-johnson-field.jpg
    Tiffany Johnston’s partially clothed body is discovered on July 27, 1997, a day after her disappearance in tall grass next to an unpaved rural road close to the interstate. 

    Oklahoma County District Attorney’s Office


    Kathy Dobry: She had rope burns around her wrist and … she had black and blue places on her face.

    No one at the car wash reported seeing anything out of the ordinary.

    Erin Moriarty: So, whoever took her had to be pretty calculating and thinking about the surroundings.

    Kathy Dobry: Oh, yes. And Tiffany would fight.

    A few days after Tiffany’s murder, Kathy says she got a phone call from a man she knew from her town of Anadarko: William Reece.

    Kathy Dobry: He called to tell me he was sorry. … that he had heard Tiffany had gotten killed.

    Erin Moriarty: And how did he sound when he called you?

    Kathy Dobry: Sincere. … All he said was, “I’m sorry to hear about your daughter.”

    Erin Moriarty: How did you first meet William Reece?

    Kathy Dobry: I met him at the restaurant.

    Kathy was a waitress in town and knew Reece’s mother. And when Reece was released from prison in 1996 and came home, Kathy had given him a ride to get a new driver’s license.

    Kathy Dobry
    A few days after Tiffany Johnson’s murder, Kathy Dobry says she got a phone call from a man she knew from her town of Anadarko, Okla.: William Reece.

    CBS News


    Erin Moriarty: Did you know what he had spent time in prison for?

    Kathy Dobry: No. They acted like it was no big deal.

    Erin Moriarty: And would you have even guessed that he had been convicted of violent crimes toward women?

    Kathy Dobry: Oh, heavens no.

    It never occurred to Kathy that Reece could have had anything to do with Tiffany’s murder.

    Kathy Dobry: I couldn’t see someone that I knew, that would kill Tiffany, because they knew how much she meant to me.

    As for investigators, they found the killer’s DNA on Tiffany’s body, but they weren’t able to develop a profile.

    Erin Moriarty: At some point, Kathy, did you give up thinking they’re just never going to find the person who killed my daughter?

    Kathy Dobry: No. I never gave up because I made a promise to Tiffany when I buried her that I would not give up until we found who did it.

    Erin Moriarty: Why was it so important to find who killed her?

    Kathy Dobry: Because I didn’t want him killing someone else’s child.

    Just three weeks after Tiffany’s murder, back in Le Marque, Texas, it happened again.

    SUZY CAIN (1997 news report) If you have my daughter, I pray that you would return her. We want her back home. … We’re not gonna let her go.

    Jessica Cain was about to graduate high school.

    NEWS REPORT (1997): The 17-year-old was last seen leaving a Clear Lake-area restaurant.

    Jessica Cain
    Jessica Cain of Le Marque, Texas, was last seen on Aug. 17, 1997 leaving a restaurant. Her car was found abandoned along the shoulder of I-45.

    On August 17, 1997, when she did not get home by her curfew, Jessica’s father, C.H. Cain, went out looking for her.

    C.H. Cain (1997): I had been to all the places where I thought she might be. … And I was on my way home and it’s actually just three or four miles from the house, on the side of the road.

    He spotted her truck on the shoulder of I-45. But Jessica was gone.

    C.H. Cain (1997): And there was no sign of a struggle.

    Once again, search parties combed the area for yet another missing girl.

    NEWS REPORT (1997): More than a hundred volunteers searched on foot, along the marshes and through the brush … tracking dogs were called in to help …

    Gay Smither: We were the most broken people at that point.

    Gay and Bob Smither—still reeling from the loss of their daughter Laura just four months earlier—felt compelled to join the search.

    Gay Smither: We didn’t hesitate. We went immediately.

    NEWS REPORT (1997): The search for Jessica Cain widened today, across the salt grass and scrub that surrounds the marshes in this area …

    The search for went on for weeks, but there was no sign of Jessica and no clue who had taken her.

    Gay Smither: We wondered could it be the same person who took Laura from us. You know, we just didn’t know.

    As Gay wondered about William Reece and his involvement, a story emerged about another case — where the victim survived.

    Sandra Sapaugh (1997): Everything happened so fast …

    Back in May 1997—three months before Jessica Cain disappeared—19-year-old mother Sandra Sapaugh stopped at a convenience store off of I-45 in Webster, Texas, where she noticed a man staring at her from the parking lot.

    Sandra Sapaugh (1997): And his truck was out there parked … but I didn’t pay much attention.

    When Sandra left and went to a Waffle House across the street, she saw the man again.

    Sandra Sapaugh (1997): He asked me if I needed help. … And I go, “help for what?” And he goes, “well, your tire’s flat.”

    Sandra Sapaugh
    Sandra Sapaugh was abducted on May 16, 2007 in Webster, Texas.  She said the stranger forced her into his white pickup truck and sexually assaulted her, then took off with her in his truck along I-45. Sapaugh jumped from the moving vehicle.

    KHOU


    But just moments later, the stranger was forcing her into his white pickup truck at knifepoint.

    Sandra Sapaugh (1997): He would just tell me to keep my mouth shut … I mean, I was terrified.

    She says he sexually assaulted her in the truck and then they started speeding down the interstate.

    Sandra Sapaugh (1997): The only thing I was thinking, was, “he’s gonna kill me.” … I’d rather jump and kill myself than him doing that to me.

    And that’s just what Sandra did.  As the truck sped down I-45, she opened the door, jumped out and hit the pavement.

    Sandra Sapaugh (1997): And then I got up. … started running.

    Gravely injured, Sandra managed to get help and reported the incident. Five months later—in October 1997 — during a meeting with Friendswood police, Webster investigators noticed that Sandra’s description of her abductor’s pickup sounded similar to the truck Friendswood police had searched in Laura Smither’s case, belonging to William Reece.

    William Reece
    “When he walked out, I mean I knew it was him. … No doubt. It was him,” Sandra Sapaugh said of identifying William Reece in a police lineup.

    Harris County District Clerk’s Office


    On October 16, 1997, Reece was pulled in for a lineup.

    Sandra Sapaugh (1997): When he walked out, I mean I knew it was him. … No doubt. It was him.

    William Reece was immediately arrested and charged with kidnapping. He pleaded not guilty. He was finally behind bars, but not charged in any of the murdered girls.

    SUSPICIONS SWIRL AROUND WILLIAM REECE

    William Reece was defiant. He denied kidnapping Sandra Sapaugh and slashing her tire, but after his arrest, investigators were determined to tie him to Laura Smither’s murder, too.

    REPORTER: You think you’re being unfairly treated Mr. Reece?

    WILLIAM REECE: Yeah, I do. I didn’t do nothing.

    Friendswood Deputy Chief Rogers says they thought they had found another link when they searched Reece’s apartment.

    Josh Rogers: He … had a horse blanket that was multicolored. Most of those colors were also found … on one of Laura Smither’s socks. … So, the evidence was strong.

    Gay and Bob Smither
    Even thought Investigators found fibers on Laura Smither’s socks that matched William Reece’s floor mats, the DA at the time did not feel that was enough evidence to charge Reece with Laura’s murder. ” I felt that the system had failed us and failed Laura,” said Gay Smither, with husband Bob.

    CBS News


    And they already had those other fibers on Laura’s socks that matched Reece’s floor mats. Still, the DA at the time did not feel that was enough evidence to charge Reece with Laura’s murder.

    Erin Moriarty: And was that frustrating?

    Gay Smither: Very. Very … I got very, very angry. I felt that the system had failed us and failed Laura.

    But Friendswood detectives weren’t giving up. They pulled records to trace Reece’s movements during the previous summer and discovered that Reece might be connected to the other unsolved cases. There was a fuel charge from Denton on July 15 — the same place and date of Kelli Cox’s disappearance. It was the first time Kelli’s mother, Jan Bynum, had heard the name William Reece. He was now also on the radar of Denton police.

    Jan Bynum: That, you know, caused them to want to check Kelli’s fingerprints against anything in his truck.

    Erin Moriarty: Did they find anything — fingerprints, anything connected to Kelli?

    Jan Bynum: No, they did not.

    Friendswood detectives also found records showing Reece had used a pay phone in the town where Tiffany Johnston’s body was found — less than an hour after she disappeared. And the owner of the car wash, after seeing his picture says Reece was a frequent customer. With that, Reece joined a list of possible suspects.

    Josh Rogers: Anyone … along that route, during that time period … He was looked at.

    Jessica Cain missing poster
    Investigators were also eyeing William Reece in Jessica Cain’s disappearance.

    KHOU


    Investigators were also now eyeing him in Jessica Cain’s disappearance and used bulldozers to look for evidence at the horse ranch where he had worked but came up empty-handed. And in April 1998, as suspicion swirled around William Reece in several jurisdictions, he went on trial for the kidnapping of Sandra Sapaugh.

    Erin Moriarty: You went to the trial, why?

    Gay Smither: I did … I had to be there for Laura. I had to be there for Laura.

    Gay Smither: I got very angry with what I learned at that trial. … ‘Cause, of course, it puts everything in your head, what he had done to Laura.

    Gay Smither says she was especially upset when she heard the testimony of Reece’s two rape victims from the 1980s. Remember, he had been released from prison for those attacks just six months before Laura was murdered.

    Gay Smither: They came down and testified and I was mortified to hear what he had done to those two young women.

    The jury didn’t take long.

    Gay Smither: They went out and … minutes later, was a guilty verdict.

    William Reece was convicted and sentenced to 60 years for kidnapping Sandra Sapaugh.

    Josh Rogers: I think a lot of people felt like, you know, that was probably going to be the best that we were going to be able to do, is just to keep William Reece off the streets again.

    But Laura Smither’s case remained officially unsolved… and the Smithers wanted Reece charged. Up in Oklahoma, Kathy Dobry continued to pressure investigators to solve Tiffany’s murder.

    Kathy Dobry: At first, I’d call every week. … and it was always the same thing. They didn’t have anything.

    It would take more than a decade before Kathy says her calls were finally answered.

    Lynn Williams: All I knew was that I’ve got a victim whose car was at the car wash.

    In 2012, retired police chief Lynn Williams had recently started working on cold cases at the Oklahoma State Bureau of Investigations—or OSBI—and was assigned to Tiffany’s case.

    Tiffany Johnson's ca
    Tiffany Johnston’s car, with the keys left in the ignition, at the Sunshine Car Wash in Bethany, Okla.

    Ryan Stephenson


    Lynn Williams: The car was abandoned.  The keys were in the ignition.  … the doors were unlocked. … No witnesses.

    There was that DNA evidence from Tiffany’s body.

    Erin Moriarty: So really … DNA was going to be your only hope.

    Lynn Williams: That was … my frame of mind.

    But the DNA had already been tested twice without success.

    Wendy Duke: We were worried usually that there’s nothing left to test.

    Wendy Duke is the supervising criminologist at the OSBI cold case unit. She found two samples from Tiffany’s body that had not been totally consumed in earlier testing and was able to develop a partial male profile from them.

    Wendy Duke: It’s exciting, even if it is a partial profile.

    Because it was a partial profile, Duke could only compare it to a profile from a known person, and the team slowly eliminated suspects from the file until they got to William Reece.

    Erin Moriarty: And what was the result?

    Wendy Duke: And … he could not be eliminated from that partial profile on the swab from Tiffany.

    Tiffany Johnson and Kathy Dobry
    Tiffany Johnson and Kathy Dobry

    Kathy Dobry


    The DA in Oklahoma thought it was enough to charge Reece for Tiffany Johnston’s murder. And after all those years of waiting, Kathy finally had some news.

    Kathy Dobry: And I said, “Oh, my God. Why Tiffany?” That was my main thing. Why Tiffany?

    Oklahoma law enforcement also shared the news with Texas investigators — including the Texas Rangers, who wondered if William Reece might be willing to talk to them about their cases.

    They went to visit Reece in prison, and, to their surprise, he agreed to talk further if they could take the death penalty off the table. The Smithers agreed, and so did Jan Bynum— as long as Reece helped police find Kelli.

    Erin Moriarty: That’s a huge decision to make before you even know —

    Jan Bynum: I know. … basically … I wanted answers. And I wanted to know what — whether my daughter was alive or dead.

    WILLIAM REECE’S CONFESSIONS

    Jan Bynum: When they would find a body anywhere and then they would confirm who it was, and it wasn’t Kelli. … And I’d go, “Oh, it’s not Kelli.” And then I go, “But it was somebody’s daughter.”

    Almost 19 years after Kelli Cox’s disappearance, her mother Jan was finally close to knowing what had happened. In February 2016, William Reece was moved from prison to the Friendswood jail after agreeing to give investigators information about their three Texas cases. He hoped his cooperation might help him in Oklahoma, too.

    Josh Rogers: He told us that he wasn’t going to play games if we weren’t going to play games.

    William Reece with investigators
    William Reece leads investigators to where he said Kelli Cox’s remains were located.

    KTVT


    Investigators took Reece out to a remote field south of Friendswood where he said Kelli Cox’s remains were located. Reece hadn’t yet told them if he was responsible for her death.

    Erin Moriarty: He doesn’t give any confession.

    Josh Rogers: No.

    Erin Moriarty: But it’s clear that he’s got some involvement.

    Josh Rogers: Correct.

    Police spent long days and nights with Reece in the jail and out in the field looking for Kelli’s remains, and, during that time, Reece started telling investigators about his encounter with Kelli Cox in Denton.

    He claimed they got into a fight in the gas station parking lot after he bumped into her, and she spilled her soda on him.

    William Reece
    William Reese talks to Texas Rangers James Holland.

    Oklahoma County District Attorney’s Office


    WILLIAM REECE: I started cussing her, I think I pushed her. That’s when she hit me with the Coke.

    WILLIAM REECE: And then I slapped her. And then it was over.

    RANGER JAMES HOLLAND: She was fighting back.

    WILLIAM REECE: Yes.

    RANGER JAMES HOLLAND: OK. And what happens next?

    WILLIAM REECE: And then I grab her around the throat, and I choke her.

    Kelli Cox
    William Reece confessed to the murder of Kelli Cox.

    Jan Bynum


    Reece had just confessed to murdering Kelli Cox, but investigators weren’t sure if his story was true. They hadn’t found any sign of Kelli in that field. But as they kept looking, this was not the only major revelation to emerge.

    WILLIAM REECE: I remember going to work … at a construction job site. It was a rainy morning.

    Soon Reece was telling investigators what he said happened to Laura Smither on that rainy morning in Friendswood.

    WILLIAM REECE: I hear something slam against my mirror … And it scared me, so I stopped. … I got out … and then — that’s when I looked in the ditch and I seen Laura Smithers laying in the ditch. … and she wasn’t breathing.

    Reece claimed that Laura had died instantly after he’d hit her with his truck by accident.  But he later changed that story, claiming Laura had survived, but when he tried to stop her from crying, he accidentally broke her neck.

    Mary Ellen O’Toole: Psychopaths are incredibly callous individuals. … They are without guilt. And they are without remorse.

    Mary Ellen O’Toole is a retired FBI profiler. “48 Hours” asked her to review the case records and Reece’s videotaped statements to try to understand his psychology.

    Mary Ellen O’Toole: I’ve not assessed him, not met him … but looking at his cases, looking at his behavior … I would say in my opinion that he manifests traits of psychopathy.

    WILLIAM REECE (police interview): Ya’ll wanted the truth so I’m telling you the truth.

    And once police got him talking, Reece didn’t seem to want to stop. O’Toole says that Reece was probably enjoying the attention and the break from his routine.

    WILLIAM REECE (police interview): I’m doing this of my own free will.

    Mary Ellen O’Toole: What’s the worst thing that you can do to someone that has a tendency to love exciting, challenging, stimulating things? You put him in an environment like prison where they got bored. … These detectives recognized that. So, when you offer them the opportunity to come out … and assist law enforcement, they’re gonna jump at that.

    After a week of fruitlessly searching for Kelli Cox, Reece offered to help them find another victim —Jessica Cain — whom he said he had buried in a different field closer to Friendswood. And while Reece didn’t have an agreement with the DA in that case, he started telling that story, too — claiming he had an argument with Jessica outside the restaurant where she was last seen and that she followed him down I-45 for 30 miles.

    WILLIAM REECE: I don’t know why, I just pulled over. She pulled up behind me and started yelling. … I went off on her again.

    RANGER JAMES HOLLAND: Okay. And then you end up choking her out then?

    WILLIAM REECE: Yes, sir.

    RANGER JAMES HOLLAND: On I-45?

    WILLIAM REECE: On I-45.

    But even as Reece admitted murdering Jessica, he did not admit to raping her or Kelli or Laura.

    Erin Moriarty: Do you believe that most likely every one of his victims was raped?

    Mary Ellen O’Toole: I do. I believe that they were. Because I believe that that was really the intent of the crime.

    Erin Moriarty: If that’s his motivation, sexual motivation, why doesn’t he admit that? Is that typical?

    Mary Ellen O’Toole: In some cases, I would say that’s typical. Because in their eyes, that makes them look pretty pathetic … that you have to attack someone, strangle someone, beat someone up in order to be sexually gratified.

    RANGER JAMES HOLLAND: Go ahead with the next one, Bill.

    WILLIAM REECE: That’s the one in Oklahoma City.

    RANGER JAMES HOLLAND: OK.

    Finally, even though he could again be facing the death penalty, investigators were able to get Reece to talk about the last case they thought he was linked to from 1997: Tiffany Johnston, whom Reece said he encountered at that car wash in Oklahoma.

    WILLIAM REECE: I was spraying it, cleaning out from underneath my truck … that’s when that girl yelled, “Hey!” I sprayed her. I go, “Sorry.” I thought she said something, I said.  I started cussing at her. And, uh, me and her got into it.

    He knew police had his DNA and admitted having sexual contact with Tiffany, after forcing her in his horse trailer.

    WILLIAM REECE: We was fighting, and I unsnapped her overalls. I don’t know why.

    Once again, Reece made a point to blame his victim for the violence that followed.

    WILLIAM REECE: She hit me in the back of the head with a horseshoe. … It pissed me off and I started squeezing around the throat.

    Four victims and four confessions — but with no sign of Kelli Cox or Jessica Cain, not everyone believed Reece was telling the truth.

    Josh Rogers: There was, you know, some folks thinking that maybe the information was not accurate and that he was playing us.

    JUSTICE FOR THE VICTIMS’ FAMILIES

    Josh Rogers: As we dug and we continued to not locate anything, there certainly wasn’t as many investigators helping at the end of it as they were at the beginning of it.

    In March 2016, after 25 days of digging and with William Reece’s guidance, there was finally some news: they found Jessica Cain’s remains.

    Erin Moriarty: What was that day like?

    Josh Rogers: Very emotional … we were sad, but also, we were joyful as well to have located the remains.

    Jessica’s parents asked for privacy as they processed the news and buried their daughter. For investigators, finding Jessica corroborated William Reece’s stories and reenergized the search for Kelli Cox. After another two weeks of painstaking work, they found her.

    Jan and Alexis Bynum
    Asked how she wants people to remember Kelli Cox,  Cox’s daughter Alexis Bynum, pictured with her grandmother Jan, said, “Just the way she was. … She was a beautiful young woman who had a lot going for her.”

    CBS News


    Alexis Bynum: I had nightmares for the first time — where she had to wake me up, screaming. That never — never had nightmares like that before.

    Jan Bynum: Yeah. I mean, her nightmares were being down in a hole.

    Alexis Bynum: It was just — (emotional).

    After Kelli and Jessica were found, Oklahoma County prosecutors Jimmy Harmon and Ryan Stephenson had William Reece transported back to their state to face a capital murder trial for Tiffany Johnston.

    Jimmy Harmon: We typically only seek the death penalty on the worst of the worst murderers and Mr. Reece certainly fit that bill.

    Reece pleaded not guilty — even though prosecutors had the DNA evidence and his chilling words from his taped confession.

    WILLIAM REECE (to Ranger Holland): That’s when I grabbed her around the throat and her.

    When the trial began in May 2021, Reece’s defense fought to keep that video out. But the judge decided the jury would watch it and all the statements where Reece admitted killing Laura Smither, Kelli Cox and Jessica Cain. All relevant, says Stephenson, for showing that Reece had a pattern. 

    Ryan Stephenson: All of that being in such a short time period … we wanted to be able to show the jury that this guy wasn’t stopping, he — he was stopped.

    Sandra Sapaugh and two women who say Reece sexually assaulted them in 1997 all testified at the trial. Prosecutors say this testimony was crucial to correcting the self-serving stories Reece told on those tapes.

    Ryan Stephenson: You … never quite get the full story out of William Reece. He always tells it in a way that makes him look best.

    Prosecutors think the true story is Reece would set traps for his victims.

    Jimmy Harmon: He would sometimes create the situation, in the case of Sandra Sapaugh, by slashing her tire … and … presented himself as the Good Samaritan. And … he would then attack them.

    tkf-reece-court-olka.jpg
    After a nine-day trial, jurors in Oklahoma found William Reece guilty of murdering Tiffany Johnston in May 2021. He was sentenced to death.

    KWTV


    After nine days in that Oklahoma courtroom, the case went to the jury. It took them less than two hours to decide, finding William Reece guilty of murdering Tiffany Johnston. Reece was sentenced to death.

    Kathy Dobry: I’ll never forgive him for killing Tiffany and … he should die.

    But instead of being sent right to death row, Reece first made one final trip back down the interstate to Texas, where he agreed to plead guilty to murdering Laura Smither, Kelli Cox and Jessica Cain.

    Erin Moriarty: It took almost 25 years, but you finally got justice for Laura, didn’t you?

    Gay Smither: Yeah. And for Jessica and Kelli. And that was very important to Bob and I.

    In exchange for his guilty pleas, Reece received three life sentences in the Texas cases. Gay Smither made a statement at one of those hearings.

    Gay Smither: I spoke about Laura and how we had an empty seat at our table for the rest of our lives … And then I told him that I — I forgave him for what he did.

    Erin Moriarty: You forgive him for ruining your lives? You –

    Gay Smither: Yeah.

    Erin Moriarty: — lost Laura who — who had her whole life ahead of her.

    Gay Smither: Forgiveness does not mean I condone what he did, nor does it mean I will ever forget what he did. Forgiveness was for me … to not live in a — in a cage of rage. That’s what forgiveness is.

    With Laura’s case now resolved, Gay and Bob could devote more time with their son David, now 34, and his children. Gay also travels the country training law enforcement on handling missing persons cases.

    GAY SMITHER (speaking at a training class): I’m here to tell you what happened with the prayer that you will be inspired by Laura’s story to never give up.

    Kelli Cox statue
    Kelli Cox’s family created a statue in her honor on the campus of the University of North Texas, in Denton, where Kelli had once been a student. 

    CBS News


    The Bynums wanted a way to share their memories of Kelli and created a statue in her honor on the UNT campus, where Kelli had once been a student. Hoping to remind people to be aware of their surroundings.

    Jan Bynum: You’ve got to live. But you can do that in a smart way and be safe.

    Jan says that like every family touched by William Reece, she is having to learn how live with grief.

    Jan Bynum: I cry every day. … And I used to say to people, if you don’t want to see me cry, then you can walk away because I am going to cry.

    Erin Moriarty: How do you want people to remember your mother?

    Alexis Bynum:   Just the way she was. … She was a ball of fun … She was a beautiful young woman who had a lot going for her. She was driven. And she was doin’ it for me.

    William Reece is still in a Texas prison.


    Produced by Sarah Prior and Richard Fetzer. Shaheen Tokhi is the associate producer and Dylan Gordon is the associate producer, archives. Nancy Bautista is the broadcast associate. Ken Blum, Gary Winter and George Baluzy are the editors.  Lourdes Aguiar is the senior producer. Nancy Kramer is the executive story editor. Judy Tygard is the executive producer.   

    [ad_2]

    Source link

  • Murder plot revealed in Calif. woman’s text messages: “I just dosed the hell out of him”

    Murder plot revealed in Calif. woman’s text messages: “I just dosed the hell out of him”

    [ad_1]

    It was Jan. 1, 2021, when the San Diego Sheriff’s Department got a call from a man saying his friend, Jade Janks, might have killed her stepfather, Tom Merriman.

    Assistant district attorneys Jorge Del Portillo and Teresa Pham tell “48 Hours” correspondent Tracy Smith that the caller “told sheriff’s deputies she confessed to drugging him, suffocating him and strangling him to death.”

    The call triggered a search for Merriman. His body was soon found, and Janks was arrested and charged with his murder. But she said she was innocent.

    A STRANGE PHONE CALL

    San Diego County, California, is an idyllic place — most of the time.

    CALLER (to San Diego County Sheriff’s Dept.): Well, I’ve got a situation, last night … A friend of mine asked me to come over. She said that she had possibly killed her stepdad …

    CALLER:I stewed on this all night …  I barely slept … and I’m scared to death … I don’t want to be part of this … I didn’t have anything to do with her …

    That frightened phone call came in New Year’s Day 2021. The caller said his one-time girlfriend may have committed a murder.

    CALLER: I don’t know if she really did this.

    Jorge Del Portillo: The sheriff’s department received a call from a guy that said, my friend confessed to me last night that she murdered her stepfather.

    San Diego County Deputy D.A. Jorge Del Portillo.

    Jorge Del Portillo: He told deputies, “Hey … I don’t know if what she’s saying is true, I didn’t see him, I — but this is something I had to tell the police.” 

    The alleged victim was a 64-year-old man named Tom Merriman, who lived in Solana Beach, California.  

    Ramona Hamilton: I liked him. I thought he was very nice.

    Ramona Hamilton and her husband George were Tom’s neighbors. Ramona knew him better, and she found out Tom also ran an unusual business: a butterfly farm.

    Ramona Hamilton: I’m a gardener and I love butterflies.

    Pat Flanagan also liked butterflies. He was Tom Merriman’s business partner out at the farm.

    Pat Flanagan: He was my best friend.

    Tracy Smith: Did he become kind of a butterfly expert?

    Pat Flanagan: Oh, he is a butterfly expert.

    Tracy Smith: You say, “he is.”

    Pat Flanagan: Yeah.

    Tracy Smith: You still talk about him in the present tense?

    Pat Flanagan: Yeah. I do (emotional).

    It was on Dec. 31, 2020, that Tom Merriman was last seen alive. Ramona and George Hamilton saw him in his stepdaughter’s SUV in their shared driveway.

    George Hamilton: And he was sitting on this side on the passenger side, with his feet out, and his walker out in front of him and he looked like hell. 

    Tom had just spent more than two weeks in the hospital and a rehab center after a bad fall. He also had heart and liver problems.

    Ramona Hamilton: He looked awful. I don’t even know if he knew me.

    Tracy Smith: But at the time, it just seemed like maybe he got sent home from the hospital, heavily drugged.

    Ramona Hamilton: Heavily drugged — yes.

    George Hamilton: That’s all we knew. That’s all we knew.

    Jade Janks and Tom Merriman
    Jade Janks and Tom Merriman were stepdaughter and stepfather living in Solana Beach, California. Janks worked as an interior designer and Merriman was the CEO of a nonprofit called Butterfly Farms.

    Facebook


    And then George Hamilton saw Tom’s stepdaughter, 37-year-old Jade Janks. Tom Merriman had come into Jade’s life when she was 15, marrying her mom.

    Jade and Tom were apparently close; she lived right next door. On this day, Jade had just driven him home.

    Ramona Hamilton: He called her his daughter.

    Tracy Smith: He called Jade his daughter?

    Ramona Hamilton: Yes.

    George Hamilton: Right.

    Tracy Smith: They seemed close.

    Ramona Hamilton: And they seem very close.

    Ramona Hamilton: She was fixing dinner for him every night.

    Ramona Hamilton: She seemed to take care of him —

    Tracy Smith: What’d you think of Jade?

    Ramona Hamilton: I thought she was a very pretty woman.

    Jade had done some work in Ramona’s apartment.

    Ramona Hamilton: She was an interior … decorator. 

    Heather Pearce: That’s Jade. … she can be a tomboy and a girlie girl all in the same day. … she can … get herself dirty for work, carrying rocks and concrete in her pickup truck … And … we’re dressed up … ready to go to, like, a nice fancy dinner.

    Heather Pearce grew up next door to Jade in San Diego County.

    Heather Pearce: Jade was very cool … I loved being around her.

    Jade was 13 years older.

    Heather Pearce: She’s definitely a little more than a big sister and a little less than a mom … her energy was just very strong … loving and caring and genuine and, so when you’re around her, you feel good.

    She also knew Jade’s stepdad, Tom Merriman.

    Heather Pearce: I think she always just loved him and cared about him.

    Back at Tom’s place in Solana Beach, it was now Jan. 1 — the day after he’d gotten back from the rehab center, the day after the Hamiltons had seen him looking so poorly in the driveway.

    This time they only saw Jade in the driveway. She was standing by a pile of trash and boxes.

    George Hamilton: I saw her out at the side here with the boxes and cartons … a little while later … there’s a knock on the door … And she come to the door to tell me that she’d made a mess down there … but she’d clean it up later.

    It was a few hours later when law enforcement pulled into their driveway.

    CALLER (to San Diego County Sheriff’s Dept.): I’m scared to death … I don’t want to be part of this … I didn’t have anything to do with her …

    They came to investigate that strange phone call — the one that claimed Tom Merriman had been murdered.

    Jorge Del Portillo: They were trying to find Tom. Where is Tom?

    Jorge Del Portillo: They walked by this pile of trash in the driveway.

    Jorge Del Portillo: They — they knocked on his door. They went inside.

    They didn’t find Tom, but they did see his stepdaughter.

    Jorge Del Portillo: When they saw Jade Janks driving out of her driveway, they pulled her over, brought her in for questioning and asked that very question, “Where is Tom?”

    At the police station, Jade said she was cold, so they gave her a blanket.

    Jade Janks questioning
    Jade Janks was wrapped in a blanket while being interviewed at the San Diego County Sheriff’s Department because she said she was cold. 

    San Diego Superior Court North County Division


    DETECTIVE: Well, we’re trying to find Tom … do you know where Tom is?

    JADE JANKS: No.

    DETECTIVE: His family hasn’t seen him for over 48 hours, so —

    JADE JANKS:  He just got released from the hospital yesterday.

    DETECTIVE: OK. Did you see him yesterday?

    JADE JANKS: Yeah. I picked him up from the hospital.

    DETECTIVE: OK. Do you know where he went?

    JADE JANKS: No … what can you tell me other than he’s just missing?

    DETECTIVE: We don’t know where he’s at, we’re trying to find him.

    Eventually they let Jade go, but there was still no sign of Tom. Officers spent all night combing through his apartment looking for clues.

    Then, just after the first morning light, one of the officers was walking down the driveway towards Tom’s apartment when she saw that pile of trash.

    There’s a wheelbarrow, some boxes and some bags.

    Janks trashpile
    The pile of trash that investigators found in Tom Merriman’s driveway when they came to investigate the phone call that he may have been killed.

    San Diego Superior Court North County Division


    Jorge Del Portillo: She removed a trash bag from that trash and immediately saw the silhouette of a man.

    Tracy Smith: And there he was. Tom Merriman.

    Jorge Del Portillo:  Tom Merriman … laid dead and buried.

    HOW DID TOM MERRIMAN DIE?

    Jorge Del Portillo: I’ve never seen that. … I’ve never seen a case where a body was buried under a pile of trash in the driveway.

    The apparent crime scene was smack in the middle of the driveway of the lush compound just a mile from the beach.

    Jorge Del Portillo: He was wearing the hospital bracelet that he was just in the hospital. … the same T-shirt and the same pajamas that he was discharged.

    Jorge Del Portillo: As soon as they found the body … they knew we have our suspect, and they made the arrest.

    Jade Janks mug shot
    On Jan. 2, 2021, Jade Janks was arrested and charged with Tom Merriman’s murder.

    San Diego Superior Court North County Division


    On the morning of Jan. 2, 2021, Jade Janks was arrested and charged with Tom Merriman’s murder. But things were about to get complicated.

    Jorge Del Portillo: She lawyered up and didn’t want to answer any more questions.

    So, authorities continued to work the case — starting with that phone call.

    CALLER (to San Diego County Sheriff’s Dept.):  It sounds like she killed this guy.

    That call had come from that friend of Jade’s — a man named Adam Siplyak. He told police she called him to her apartment, and then she asked him for a favor.

    ADAM SIPLYAK: … and asked me to move the body with her …

    DISPATCHER: OK.

    ADAM SIPLYAK: I said, “I can’t help you” … and I never saw the body.

    Adam Siplyak
    Adam Siplyak

    Facebook


    Adam Siplyak may not have seen the body that night, but, eventually, he did tell police that Jade confessed to him. That she had knocked Tom out with an overdose of medicine and then strangled him.

    It was a pretty dramatic story. And authorities were confident the autopsy would confirm that story — there would be physical evidence that Tom was strangled to death. But that’s not what happened.

    Teresa Pham: I was actually there for the autopsy.

    Assistant District Attorney Theresa Pham, who led the investigation, talked to the medical examiner.

    Theresa Pham: So, what they found was, unfortunately, not a lot of physical evidence.

    Tracy Smith: Right. So, you have this supposed confession of her saying she — she strangled him, but no evidence of strangulation.

    Jorge Del Portillo: That’s right.

    The final autopsy report said that the cause of Tom Merriman’s death was “acute Zolpidem intoxication.” Zolpidem is the generic name for the sleeping pill Ambien.

    Tracy Smith: Is it possible that Tom Merriman died by accident? … he was in poor health. It’s not that many pills that he took.

    Jorge Del Portillo: Certainly, it’s possible … but the evidence belied that notion. This was no accident.

    But even if the autopsy didn’t point to strangulation, investigators say other evidence clearly pointed to murder.

    Tracy Smith: Jade’s cellphone was a gold mine.

    Jorge Del Portillo: It was a gold mine.

    Jade’s phone was full of texts.

    Tracy Smith: How would you categorize those text messages?

    Teresa Pham: Suspicious.

    Jorge Del Portillo: Incriminating.

    Teresa Pham: A plan.

    According to prosecutors, that plan was to get rid of Tom Merriman one way or another.

    Investigators say it all started on Dec. 23 — that’s about a week before Tom’s body was found. Tom was in the hospital after that bad fall. Jade says she was cleaning up his apartment when she found something.

    Teresa Pham: So, she’s at Tom’s apartment. And his laptop, I guess, must have been in sleep mode or something like that, but she knocked into it, and it woke up. … And on the screensaver is a nude photograph of her in the shower.

    And there was more. Much more.

    Teresa Pham: She must have had his password. So, once she was able to get into his laptop … was when she was able to find, a lot more of nude photos of her.

    Tracy Smith: Hundreds.

    Teresa Pham: Hundreds.

    Jorge Del Portillo: These were photos that she took willingly with her partner at the time. Some were of her in the shower naked.

    Tom Merriman's computer
    On Dec. 23, 2020, while Tom Merriman was in a rehab center, still recovering from a fall, Jade Janks went to his apartment to clean — and made a devastating discovery. Janks says the computer monitor, which she guessed had been in sleep mode, came awake while she was cleaning, and she saw a screensaver photo of a woman’s breasts. “I look,” she said later, “and I’m like, those are my breasts.” 

    San Diego Superior Court North County Division


    Authorities don’t know how Merriman got those pictures, but Jade says she never gave them to him, and prosecutors say she panicked.

    Jorge Del Portillo: In her words, she was beyond freaked out. That’s what she wrote to a friend, that she couldn’t shower alone, that she was vomiting at just the idea of looking at a shower based on what she had discovered.

    Jorge Del Portillo: She’s sleeping with … a knife on the nightstand just in case he comes early home from the hospital.

    According to prosecutors, that’s when Jade launches her plan. How? One of her friends connects her with a guy. A guy the prosecutors called “The Fixer.”

    Jorge Del Portillo: There’s a text message where he tells Jade,” if you have a problem, I could fix it for you.” And that’s how we came up with the label, “The Fixer.”

    Alan Roach
    Alan Roach

    Facebook


    The so-called “fixer” was a man named Alan Roach.

    Tracy Smith: Who is Alan Roach?

    Jorge Del Portillo: Alan Roach is a guy — He’s a security guard. … That’s what he does. … but I think he makes himself out to be someone else that he’s not.

    Teresa Pham: We were thinking Jade views him as the character in “Pulp Fiction” — someone that you reach out to when you want one of your problems fixed. And that’s what he was, he was the fixer.

    Tracy Smith: He was the fixer.

    Tracy Smith: Is Alan a hit man?

    Jorge Del Portillo: He is not a hit man. And — but what’s important is, what does Jade think Alan is.

    Prosecutors say Jade wanted her fixer to help her get rid of Tom.

    Jorge Del Portillo: She had a plan that she stuck to.

    Tracy Smith: The plan was murder.

    Jorge Del Portillo: The plan was murder.

    JADE JANKS TAKES THE STAND

    It was now December 2022 — two years after Tom Merriman’s body was found under that pile of garbage — and Jade Janks was about to stand trial for his murder.

    Tracy Smith: Let me just ask you flat out, did Jade Janks murder her stepfather Tom Merriman?

    Marc Carlos: Jade has maintained her innocence throughout this entire, uh, incident.

    Jade’s attorney, Marc Carlos, insists this was not a murder, and says Jade had no reason to kill her stepfather.

    Marc Carlos: Finding nude photos of yourself on a stepfather’s computer would make you angry, you know, might make you break off relationships with him. … But enough to kill somebody? I don’t think so.

    Merriman prescription
    The final autopsy report said that the cause of Tom Merriman’s death was “acute Zolpidem intoxication.” Zolpidem is the generic name for the sleeping pill Ambien. Investigators say other evidence clearly pointed to murder.

    San Diego Superior Court North County Division


    He says Tom’s death was an unfortunate accident, brought on by his poor health and self-administered prescription drugs.

    Marc Carlos: I think he took the medication himself. … He had multiple substances in his system. I think he made a cocktail of the drugs that he had with him and had a bad reaction to it and caused his — his death.

    At trial, Jade was supported by family and friends, including her biological father, Steve Janks, and her longtime friend, Heather Pearce.

    Heather Pearce: Tom was a mess, an absolute mess for a long time … there’s no way that she had like a plan and first degree and all of that. I was like, there’s no way because that’s not Jade.

    Prosecutors Jorge Del Portillo and Theresa Pham were worried the jury might feel that Jade herself was the victim.

    Teresa Pham: She’s a sympathetic defendant.

    Jorge Del Portillo: She is.

    Teresa Pham: I mean she found naked photos of herself on her stepdad’s computer.

    Jade takes the stand to tell the jury what happened in her own words.

    Jade says that ever since she met Tom when she was a teenager, they maintained a strong bond.

    JADE JANKS: It’s hard to come by somebody you just feel that you can trust completely. And I did feel that way. … I referred to him as my father and he could call me his daughter.

    Which is why, Jade tells the jury, it was so devastating to find those photos on Dec. 23 while Tom was in the hospital, and she was cleaning his apartment.

    JADE JANKS: I bumped the mouse on his desktop computer and it — it shook the screen awake and I looked and there’s a picture of female breasts on the screen. … And I look … and … those — those are my breasts. … I — I just — I couldn’t believe it. I — I was in complete shock.

    Jade Janks testifies in her trial for murder
    Jade Janks tells the court about finding explicit photos of her self on Tom Merriman’s computer.

    CBS News


    Jade describes finding even more on Tom’s computer.

    JADE JANKS: There was a rolling screen, like a slideshow of pictures of me that was taken over the years.

    MARC CARLOS: OK. What type of pictures were they?

    JADE JANKS (crying): They were naked photos.

    MARC CARLOS: OK, do you, did you ever give naked photos to, uh, to your stepfather?

    JADE JANKS: No.

    MARC CARLOS: I mean, did you ever show him naked photos of yourself?

    JADE JANKS (crying): No.

    Tracy Smith: And how did he get these photos?

    Marc Carlos: Jade doesn’t know.

    Tracy Smith: These were photos that Jade had taken of herself?

    Marc Carlos: Jade and various boyfriends.

    MARC CARLOS: Have you ever made any, uh, sexual overtures toward your stepfather?

    JADE JANKS: No. No.

    MARC CARLOS: Did you tell him that you had, uh, nude photos of yourself?

    JADE JANKS: No.

    MARC CARLOS: You never showed him anything similar to those, correct?

    JADE JANKS: No, he was my dad.

    Tom was still in the hospital, but Jade says she didn’t feel safe.

    MARC CARLOS: You were afraid that he was going to come back and find out that you had found the photos, yes?

    JADE JANKS: Yes.

    MARC CARLOS: And you were worried about how he might react toward you.

    JADE JANKS: Yes.

    MARC CARLOS: Right. And he lived next door to you.

    JADE JANKS: Yes.

    And that’s why Jade says she got in touch with Alan Roach, who worked in security, the day she found those photos.

    MARC CARLOS: So, why did you think that you needed somebody like Alan Roach?

    Jade pauses as she considers her answer.

    JADE JANKS: I — I was — I was scared. I mean, when I first saw the photos, I — I couldn’t even use the bathroom. … I just felt so disgusting. I couldn’t shower either. I was just scared.I was scared of being, you know, nude and vulnerable. And I just — I wanted somebody to just look out for me and make sure that, you know, I was safe.

    Over the next few days, Tom was moved from the hospital to a rehab center, and Jade felt she had to act.

    JADE JANKS: I can’t continue just living next door to him and not feeling safe or feeling like this. I mean, I have to do something.

    MARC CARLOS: When you say, “I needed to do something,” did you need to kill him?

    JADE JANKS: No! … I wanted Tom to just go away and leave me alone.

    According to Jade, Alan Roach was planning to come over after she brought Tom home, to help her confront him.

    JADE JANKS: I wanted Alan to basically, you know, explain to him this — this is not OK. Or I could explain it, but Alan just be there just in case.

    Jade says that on Dec. 31, in spite of her feelings, she was doing everything she could to help Tom who, she says, seemed preoccupied with finding medication.

    JADE JANKS: He started calling at about 6:45 in the morning and he’s asking me to get him codeine, which I don’t really understand. … He says that he hasn’t, I think, slept and he wants to rest.

    Jade Janks and Tom Merriman
    Jade Janks and Tom Merriman

    Facebook


    Jade took Tom out of the rehab at a little after 11 a.m. He had a bag of medication with him, including Ambien. Remember, the autopsy says Ambien is what killed him. Jade says, almost as soon as Tom got into her car, he also helped himself to her prescription medicines.

    JADE JANKS: He kept saying things, “did you have any painkillers, is thi,s it? Oh, here” and then he just kind of took it.

    Jade Janks surveillance at CVS
    Surveillance video shows Jade Janks  entering a CVS Pharmacy store on Dec. 31, 2020.

    San Diego Superior Court North County Division


    Jade says Tom seemed fine when she stopped at a shopping plaza and texted Alan Roach to come meet her. She went into a couple of stores while she waited to hear back.

    JADE JANKS: I was just getting started on a, um, a house project, so I just went to go get supplies and kind of shop around

    Jade bought gloves, towels and a nylon cord—and some spray paint. She says these items were for a painting project.

    JADE JANKS: I — typically, I lay plastic down … and kind of enclose it so that I’m not getting paint on all the, the foliage.

    Jade still hadn’t heard back from Roach and took Tom home. She says Tom was now too groggy to walk on his own, and she couldn’t get him out of her car. She says she was worried about him and drove him back to the rehab for help.

    JADE JANKS: I just explained, you know, my dad’s just been released and something’s wrong. You need to bring him back. They wouldn’t — they wouldn’t let me inside, though. … they’re pretty adamant with COVID. I couldn’t go inside.

    Jade returned home with Tom, but says she was still not able to get him out of her car. Roach had finally texted back to say he couldn’t make it over after all, but sent his friend, a man named Brian Salomon, to help her get Tom inside.

    MARC CARLOS: And had you ever met Brian Salomon before?

    JADE JANKS: No.

    Jade says Salomon wouldn’t help her with Tom and left right away. So, Jade reached out to her friend Adam Siplyak and asked him to come over. Siplyak arrived later that evening.

    JADE JANKS: I just said — I mean, I — I — I was — I was just in tears. I had said that, you know, I want — I want to get him into my house, or, into his house.

    Jade says Siplyak quickly got upset and left without helping her. And this is where Jade’s story doesn’t line up with Siplyak’s: remember, Adam was the person who called police on New Year’s Day.

    ADAM SIPLYAK (to San Diego County Sheriff’s Dept.): … she said she had possibly killed her stepdad …

    Jade says she didn’t confess to anything. She says Siplyak was distressed by how sick Tom looked and that’s why he wouldn’t help her. After he left, Jade says she didn’t know what else to do and tried to get Tom situated in her car for the night so he could sleep off whatever he had taken.

    JADE JANKS: I made sure he’s comfortable. And he had pillows, and I try to remember… Yeah. I mean, he had a blanket.

    The next morning, in the cold light of New Year’s Day, Jade says Tom was still in her car when she realized the worst had happened.

    MARC CARLOS: Did you touch Mr. Merriman?

    JADE JANKS: Yes.

    MARC CARLOS: What did you feel?

    JADE JANKS (crying:) I — I tried to pull his leg and his pajamas and lifted it. His leg was cold.

    MARC CARLOS: Ms. Janks, did you think Tom Merriman was dead at that point?

    JADE JANKS: I knew he was.

    JADE JANKS’ INCRIMINATING TEXTS

    After Jade told the jury how she found Tom’s body, her own attorney challenged her.

    MARC CARLOS: Did you think about calling 911?

    JADE JANKS (crying): Um, I was scared to.

    MARC CARLOS: Why were you scared?

    JADE JANKS: I didn’t want to get blamed. I mean, I just — I was the one that picked him up. …  And I didn’t want to get blamed for — for killing him.

    And she tried to explain what she did with his body.

    JADE JANKS (crying): I continued to — to pull him out. I still wanted to get him into his house. I — I mean, I didn’t — I didn’t know what else to do.

    JADE JANKS (crying): I panicked. … I put the blanket over him, and I got empty boxes and just kind of stacked it, made it look just like a pile of debris.

    Tom Merriman
    Tom Merriman

    Facebook


    Jade may have left Tom’s body in the driveway, but she says she had never meant him harm.

    MARC CARLOS: I mean, did you want your stepfather dead?

    JADE JANKS: No.

    MARC CARLOS: Ms. Janks, did you grab him with your own two hands —

    JADE JANKS (crying): No, I would never.

    MARC CARLOS: — and did you strangle him?

    JADE JANKS (crying): No.

    MARC CARLOS: Would you — would you ever have done that to … Tom Merriman?

    JADE JANKS: I wouldn’t do that to anybody. No.

    And then, the prosecutors told their version of the story.

    JORGE DEL PORTILLO: You lied to the police about where Tom was?

    JADE JANKS: I didn’t … I just asked for an attorney, and I kept asking for one.

    JORGE DEL PORTILLO: You didn’t want the police to know that Tom died in your car?

    JADE JANKS: I wasn’t trying to hide it, but I didn’t want to go alone and tell them that.

    Prosecutors said Jade was lying to cover up her plan.

    Jorge Del Portillo: The plan was to drug him, suffocate him and stage it to look like an overdose.

    Del Portillo says, after she picked Tom up from the rehab, Jade used his own prescription sleeping pills to knock him out.

    And he says he has proof: Jade’s DNA is on those packs of pills.

    Jorge Del Portillo: The package of Zolpidem, which is the Ambien sleeping pills, that had the defendant’s DNA on it, but not Tom’s. And I think it’s important that the jury heard that, that it was Jade Janks’ DNA on that Zolpidem pack.

    And according to prosecutors. There’s much more evidence, too.

    Jade Janks
    Jade Janks

    Facebook


    Jade, they say, left a real-time trail of clues that day. Remember her cellphone — the one they called “a gold mine”? It turns out it was packed with texts. Messages that they say outlined her plan to kill.

    Theresa Phan: We’re talking 11, 12 minutes after being discharged, she sends a text message to Alan, the fixer, saying, “I just dosed the hell out of him.”

    JORGE DEL PORTILLO: When someone says, I dosed the hell out of them, you would agree with me, that that means someone gave another person a whole lot of drugs, right?

    JADE JANKS: I guess it’s a poor phrasing.

    Del Portillo thinks Jade’s explanation is nonsense.

    He says, first, she drugged Tom, and then she needed to stall for a bit and her texts even say that.

    JADA JANKS TEXT: Stopping at Dixieland to stall.

    Jorge Del Portillo: She was stalling for the drugs — to really kick in and make him asleep and unaware of what she was about to do.

    Jorge Del Portillo: She’s stalling to see if this guy, Alan Roach, can come by and help her commit the murder.

    And remember those supplies Jade said she picked up for a painting project? According to the prosecutors, they were actually Jade’s “murder kit.”


    Inside a woman’s alleged plot to kill her stepfather

    02:06

    Jorge Del Portillo: She goes to the store and buys this murder kit. … zip ties, gloves, rope, and towels.

    Prosecutors say, up to that point, Jade’s plan was on track. But by a little after noon, things started to go wrong.

    Jorge Del Portillo: You could see from the text messages that she was in a panic.

    Jade’s texting her so-called “fixer” Alan Roach. She writes, “He’s waking up.” And she adds, “Can you come over?”  

    But the “fixer” is not responding.

    Jorge Del Portillo: This plot was a total mess, and it fell apart right away.

    Finally, “the fixer” texts her back. He says he can’t come, but he’s sending someone he knows — that guy named Brian Salomon.

    Tracy Smith: OK. So, the plan … is Brian will bring Tom into the house.

    Teresa Pham: Yep.

    Jorge Del Portillo: Brian Salomon later told us that when he went over to help Jade … that she told him something that he’ll never forget … “I want you to bring him inside, strangle him, and I’ll take care of the rest.”

    Brian Salomon quickly left the house without doing anything. And soon, Jade is back texting the missing “fixer” again.

    JORGE DEL PORTILLO: At 3 p.m., you texted Alan, “he’s waking up and I’m not sure how much longer I can control my temper …” is that right?

    JADE JANKS: Yes, but that was to Alan.

    JORGE DEL PORTILLO: You texted Alan, “he’s waking up and getting way more aggressive. So, it’s way more real.” True?

    JADE JANKS: True.

    JADE JANKS:  I think, again, I was just panicking and trying to urge Alan to come over.

    JORGE DEL PORTILLO: You would agree with me that this looks very suspicious, this text message?

    JADE JANKS: Oh, yeah.

    Jade texts Alan again: “I can’t keep a kicking body in my truck.”

    JORGE DEL PORTILLO: Now that we know Tom was found dead in his driveway under a pile of trash that you put together, that this text message looks very suspicious. You’d agree with me, right?

    JADE JANKS: I mean, I — yes.

    It’s now around 4 p.m. Roach has disappeared.

    JORGE DEL PORTILLO: You texted Alan, “F*** he’s up. I guess I’m on my own.” True?

    JADE JANKS: True.

    Tracy Smith: How do you think she killed Tom?

    Jorge Del Portillo: We believe that the evidence shows that she put a bag over his head … When the bag is not working fast enough, she has to strangle him, and she has no other choice. … It’s too late to back out now.

    Investigators even found a plastic bag in Jade’s car. It had her DNA on the outside and Tom’s on the inside. But there’s a huge problem with the prosecution’s case, and that’s the autopsy.

    The autopsy never said Tom was strangled; there weren’t any marks on his neck. So, what happened? How could Jade possibly have strangled him to death?

    Jorge Del Portillo: That presented — a big difficulty for us strategically of going forward in trial.

    Tracy Smith: Right. So, you have this supposed confession of her saying she — she strangled him, but no evidence of strangulation.

    Teresa Pham and Jorge Del Portillo: Right.

    Turns out the prosecutors had an answer for that.

    They say it’s totally possible to strangle someone to death without leaving marks if the victim is already knocked out.

    Teresa Pham: I think that is part of the plan, is to dose him just enough to where he’s incapacitated. … So, if you’re unconscious, your breathing is already depressed.

    Teresa Pham: Once someone is already unconscious … it does not require that much pressure and would not leave bruising. It would not leave breakage of the cartilage that’s inside the throat, it would not leave physical evidence.

    Jorge Del Portillo: It only takes four pounds of pressure to kill, to cut off the blood supply to your head. And when you and I shook hands earlier today, that was about 11 pounds of pressure. So, it’s less than a handshake to kill.

    Jade Janks' 4Runner SUV
    Jade Janks’ 4Runner SUV

    San Diego Superior Court North County Division


    After she murdered Tom, prosecutors say she left his body in her car overnight, and the next morning, Jade had to do something about it.

    In a story full of strange twists, this may be the oddest: prosecutors say Tom’s body was still in Jade’s car and she wanted to make his death look like an accident — like he’d overdosed on his own medicine. But she couldn’t get his 180-pound body out of the car, and into his apartment, and no one would help her. So, they say she drove to a hospital with Tom dead in the back of her car, picked up a wheelchair, put it in her car and drove back to Tom’s place.

    JORGE DEL PORTILLO: How did you get the wheelchair in your car if Tom was still in there?

    JADE JANKS: Oh, it’s — it’s big. … The trunk was up, Tom was kind of, you know, his legs were akimbo, and he was laying down and I kind of hoisted it up into the back window of the 4Runner then rolled down.

    JORGE DEL PORTILLO: When you were doing this, at this point did you know Tom was dead?

    JADE JANKS (sighs): I did but I didn’t want to know it yet.

    JORGE DEL PORTILLO: So, you suspected Tom was dead and you’re at Scripps Hospital and you don’t tell anyone at the hospital that Tom might need some help.

    JADE JANKS: Correct.

    And there was just one more thing.

    On the day the cops came by looking for Tom they didn’t know anything yet — just that Tom might be missing. Jade jumped into her car.

    Teresa Pham: When she was pulling out of her driveway when they were getting ready to do … the welfare check, she was pulling out of her driveway, and she was getting detained after being pulled over. The very last text message on her cellphone was to Alan Roach saying, “lose my number.”

    Tracy Smith: What does that say to you?

    Jorge Del Portillo: Get rid of the evidence.

    THE VERDICT COMES IN

    Jorge Del Portillo: That was the biggest hurdle in our case, we feel, was the jury might dislike Tom Merriman so much that they would vote to either acquit or reduce the murder to something else.

    As Jade’s trial is drawing to a close, prosecutor Jorge Del Portillo wants to make sure the jury’s attention is on what Jade Janks has done, and not on Tom.

    Jorge Del Portillo: Tom was not on trial. This wasn’t his trial. He didn’t get a trial. … She was his judge, jury and executioner. And so, it all comes back to Jade.

    In his closing argument to the jury, Marc Carlos emphasizes what he says are the weaknesses of the prosecution’s case.

    MARC CARLOS: What type of evidence do we have? We have a lot of speculation. …  It’s speculation upon speculation upon speculation.

    He argues Adam Siplyak’s story that Jade confessed is a lie.

    MARC CARLOS: Mr. Siplyak — no credibility. He wants to get out of something that he thinks might have happened.

    And he says Brian Salomon, who also claimed Jade confessed to him that day, can’t be telling the truth.

    MARC CARLOS: He claims that immediately — and this was his testimony — immediately upon entering, she says, “he’s in the car, go strangle him.” This is somebody that Jade Janks has never met before.

    Neither Adam Siplyak, Brian Salomon nor Alan Roach was charged with any crime in this case, and Marc Carlos urges the jury to stick to what he calls the truth.

    MARC CARLOS: And the truth is they have zero — zero evidence to support a murder.

    But Jorge del Portillo gets to make the last argument the jury will hear.

    Jade Janks text to Alan Roach
    Jade Janks sent this text to Alan Roach saying she “dosed” Tom Merriman. 

    San Diego Superior Court North County Division


    JORGE DEL PORTILLO: It starts with “I just dosed the hell out of him.” The plan is starting. And with Alan, it ends with “Lose my number. I’m getting pulled over.” And buried in between all of those text messages is a murder plot.

    Jorge Del Portillo: Find her guilty of murder because the evidence proves it, the law requires it, and justice demands it.

    The jury went out that afternoon and was back the next morning to continue their deliberations.

    Jorge Del Portillo: Jury comes in at 9 a.m. We get the call at 9:30 a.m. “We have a verdict.” … We were shocked.

    Teresa Pham: We were a little bit nervous.

    Jorge Del Portillo: The quickest verdict that I’ve ever had was 15 minutes, and it was a not guilty. So, I don’t put a lot of stock in quick verdicts.

    Tom’s business partner Pat Flanagan got a text about it.

    Pat Flanagan: I was very anxious. My hands were — my hands were sweating. I was nervous.

    JUDGE ROBERT KEARNEY: Has the jury reached its verdict?

    JUROR #9:  We have, Your Honor.

    CLERK: We, the jury, in the above-entitled cause find the defendant, Jade Sasha Janks, guilty of the crime of murder

    Jade Janks verdict reaction
    Jade Janks reacts after hearing the verdict in her trial for the murder of Tom Merriman.

    CBS News


    Guilty of first-degree murder. Jade appears stunned.

    Jorge Del Portillo: It was a huge relief.

    Teresa Pham: Relief.

    Jorge Del Portillo: It was an absolute relief.

    Tracy Smith: And when you heard that word, guilty.

    Pat Flanagan: It — it felt right.

    Pat Flannagan says he saw Jade’s reaction to the verdict later – online.

    Pat Flanagan: I still go back and watch that sometimes.

    Tracy Smith: Why?

    Pat Flanagan: Because I feel bad for Tom. … He died buried in trash. … now she gets to feel a little of that pain that we’ve all been feeling for years.

    But there is still the matter of those photos.

    Tracy Smith: Jade said that she found nude photos of herself on Tom’s computer.

    Pat Flanagan: Yeah.

    Tracy Smith: Do you believe that?

    Pat Flanagan: I — I can’t disprove it. I find it — I — I don’t want to believe it.

    Tracy Smith: It’s interesting you say you don’t want to believe it.

    Pat Flanagan: Yeah.

    Tom’s hard drive was not recovered after his body was found, but prosecutors, who spent two years investigating this case, believe Jade is telling the truth — at least about this.

    Tracy Smith: Did you have any doubt that these photos actually existed?

    Jorge Del Portillo: We talked about that. … But we had no doubt. We found that photo on Tom’s laptop showing that it had been used as a wallpaper, showing that it had been on his laptop since August of 2019, so we had no doubt that these photos existed.

    In March 2023, three months after she was convicted of Tom’s murder, Jade was in court for her sentencing, and cried as she listened as a local pastor shared his memories of Tom and the butterfly farm.

    FRANK MODIC:  I still remember Tom and wish I could drop by for a smile, to ask a question about plants or butterflies or just to recharge those batteries that keep seeming to — to wear down as I get older. I believe my life is richer because I knew Tom.

    Jade’s biological father, who had not spoken publicly since she was charged, put the focus back on Tom’s betrayal.

    STEVEN JANKS: Firstly, I can only imagine what she went through when she found out that Tom, her stepfather, a person she trusted, that she called dad, was a sick, perverted individual. … All I can say is this fight is not over. I truly believe that an injustice has taken place.

    Jade Janks spoke that day, too.

    JADE JANKS: Tom came into my life when I was just a little girl and exerted influence during that early stage of development when I was still figuring things out. Unfortunately, that influence manifested itself into inappropriate touch, coercion, reckless behavior, and complete violation of what I now realize was years of psychological manipulation. All of this came crashing down on me when I found hundreds of naked photos of myself on his computer, I felt shattered.

    Jade did not tell this story during trial, and “48 Hours” can’t verify it. Jade still insists she didn’t kill Tom, and only admits to covering up his dead body.

    JADE JANKS:  I’m still picking up the pieces and it’s my sincerest hope that over the next few years I can put the pieces back and heal from this trauma. I’m sorry I didn’t act the way I was supposed to that day. I think about it every day since.

    The judge sentenced Jade to serve 25 years to life. As the prosecution looks back on a difficult and emotional case, they say it could have easily turned out very differently.

    Jorge Del Portillo: She could have gotten away with murder had she carried out her plan … and the police did a welfare check and found Tom laying in his — in his bed, she would have got away with murder.

    Jade Janks will be eligible for parole in 2038. She is appealing her conviction.


    Produced by Chuck Stevenson and Sarah Prior. Cindy Cesare is the development producer. Lauren Turner Dunn is the field producer. Gregory Kaplan and Ken Blum are the editors. Peter Schweitzer is the senior producer. Nancy Kramer is the executive story editor. Judy Tygard is the executive producer.

    [ad_2]

    Source link

  • Jade Janks and the Secret Photos

    Jade Janks and the Secret Photos

    [ad_1]

    Jade Janks and the Secret Photos – CBS News


    Watch CBS News



    A woman discovers explicit photos of herself on her stepfather’s computer. Soon after, he’s found dead. Jade is a likely suspect, but did she do it? “48 Hours” correspondent Tracy Smith reports.

    Be the first to know

    Get browser notifications for breaking news, live events, and exclusive reporting.


    [ad_2]

    Source link

  • She survived being shot at point-blank range. Who wanted Nicki Lenway dead?

    She survived being shot at point-blank range. Who wanted Nicki Lenway dead?

    [ad_1]

     Nicole “Nicki” Lenway, a crime scene investigator for the Minneapolis Police Department, was gunned down in broad daylight — shot twice at point-blank range in a parking lot on the evening of April 20, 2022.

    “Someone wanted me dead,” Lenway tells “48 Hours” correspondent Erin Moriarty in her first television interview.

    Lenway was shot while picking up her child from a parenting center. “That’s when my life changed forever.”

    Lenway perp surveillance
    Surveillance cameras captured the shooter targeting Nicole Lenway.

    Hennepin County District Court


    “I’m halfway in between my vehicle and the door. And this person comes running up from behind me,” Lenway tells Moriarty. “Shots were being fired. I fell to the ground … And the shooter stands over me and continues to try to shoot … I felt my neck and then could see the blood.”

    The shooting was caught on surveillance video. It was also witnessed by a woman in her car sitting at a red light.

    “I … was just drivin’ home … and I saw a person run up to another person,” said Emilie Clancy, who pulled over to help until first responders arrived. “I heard two bangs and that other person collapsed.” 

    Lenway is alive today. But who wanted her dead? 

    A GOOD SAMARITAN’S QUICK THINKING SAVES SHOOTING VICTIM’S LIFE

    As Emilie Clancy later told police, she couldn’t quite believe what she saw and heard on that April evening as she drove home from having dinner with a friend.

    Emilie Clancy: I was coming up and I saw the two people and then all of a sudden I heard bang, bang!

    Emilie Clancy: Stopped right here at this intersection.

    As soon as the light turned green, Clancy sped through the intersection and pulled up next to the victim.

    Emilie Clancy: I opened the door. I said,” are you OK?” And she said, “No, I’ve been shot.”

    Nicole “Nicki” Lenway Ford was shot and bleeding in the parking lot of Familywise, a parenting center, where she had gone to pick up her son. The 33-year-old was no stranger to violence. She worked as a forensic scientist for the Minneapolis Police Department. And right after being shot, she called 911.

    Surveillance image: Nicki Lenway calls 911
    Left bleeding and struggling to breathe, Nicole Lenway called 911, but when the operator answered Lenway realized she was unable to speak.

    Hennepin County District Court


    DISPATCH: 911, what is the address of the emergency?

    NICOLE LENWAY: (inaudible, gargling sounds)

    Emilie Clancy: She’s barely breathing … could barely say any words other than her name … And I said, “get in the car.”

    Clancy took over the 911 call and followed the dispatcher’s instructions.

    Emilie Clancy: I could see that there was blood coming out of her neck. … they said … “put a jacket or something around her neck.” And I said, “yeah, I have one right here.”

    Within minutes first responders arrived.

    OFFICER (body cam video): Were you the one that called?

    EMILIE CLANCY: Yes

    OFFICER: Where’s the victim? Who’s shot?

    The dramatic scene was captured on police body cameras.

    FRIEND (body cam video, outside car): Oh my God! Oh my God!

    OFFICER: What’s going on?

    Emilie Clancy: She was scared. … really scared.

    EMILIE CLANCY (body cam video): I’ve got pressure on the neck. She got shot in the arm as well.

    Emilie Clancy: She was in a lot of pain. She was having a hard time breathing.


    Shooting victim reunited with bystander who saved her life

    03:17

    Emilie Clancy: I just looked her in the eyes … And I said, “Nicki, we’ve got this. We’ve got this. … Just stay with me.”

    Emilie Clancy: I don’t think we can ever recreate … how powerful of a moment that was. I just wanted her to know that she wasn’t alone in this.

    Emilie Clancy: And if that was the only thing I can give to this poor girl, like that — that would mean something to me.

    PARAMEDIC (body cam video | to Nicki): Alright, dear, Can you walk?  We’re gonna get outside and we’re gonna go into the ambulance—

    PARAMEDIC: Gonna bring you to the hospital, alright?

    Erin Moriarty: One of the most surprising things about the video … is that you had to walk to the ambulance.

    Nicole Lenway: Yeah.

    Erin Moriarty: I couldn’t believe it…. Were you aware of how badly injured you were?

    Nicole Lenway: I don’t think so. … I think I was in shock maybe. I didn’t realize how bad it was.

    PARAMEDIC (body cam video): Try not to move your head left or right, OK?

    Nicole was loaded into the ambulance, and soon lost consciousness. 

    The news spread quickly that a Minneapolis police employee had been shot. Nicole’s then-boyfriend, Minneapolis Police officer Donovan Ford, was at home.

    Erin Moriarty: What is it like to get that phone call that the woman you love has just been shot?

    Donovan Ford: I had no words. … I went flying down to the hospital. … I was in a panic.

    When Ford arrived at the Hennepin County Medical Center, he wasn’t prepared for what he saw.

    Donovan Ford: She was basically unconscious … She had tubes down her throat and all that.

    Erin Moriarty: When you did finally get to talk to a doctor, what did they tell you?

    Donovan Ford: She’s in bad shape. We’re going to do our best to, you know, save her life, essentially.

    Nicole had a perforated lung, severe damage to her vocal cords and a bullet lodged between two of her ribs. She was in critical condition.

    Donovan Ford: I’m in law enforcement, so when they say critical, that means essentially they’re close to the end. … and where she was shot, typically, people don’t survive. … I was praying, a lot.

    As doctors rushed to save Nicole, outside the FamilyWise parenting center her colleagues at the police department got to work.

    lenway-familywise.jpg
    On the ground outside the FamilyWise parenting center, investigators found three discharged bullet casings and blood.

    Hennepin County District Court


    On the ground they found three discharged bullet casings and blood. They quickly learned Nicole had been at FamilyWise to pick up her son who was on a scheduled visit with his father, her ex-boyfriend, Tim Amacher.

    OFFICER (body cam video):  Are you Timothy, sir?

    TIM AMACHER:  Yes.

    Officers caught up with Amacher, as he was finishing up his visit with their 5-year-old son Callahan. He had been at the center for hours.

    OFFICER (body cam video): … and then you’ve been in the back with your son the entire time?

    FAMILYWISE WORKER: Yes, he was in …

    In the community, Tim Amacher was well liked, and a respected local taekwondo instructor. Amacher seemed worried about Nicole.

    TIM AMACHER (body cam video): Is she OK? She going to be fine? 

    OFFICER: I mean, she’s stable right now, but it’s really serious.

    And he had an idea about what may have happened. He thought it had something to do with a case she worked.

    lenway-amacher-questioning.jpg
    Tim Amacher being questioned by an investigator.

    Hennepin County District Court


    TIM AMACHER (to investigator): She was afraid cause she had thought people were driving by her house.

    TIM AMACHER: She changed her last name to her middle name. … She shut down her social media.

    TIM AMACHER: She had drive bys of Minneapolis coming to her house all the time. … She had me bring over my — my shotgun to her house. … She was, she was in fear.

    But police didn’t find any obvious connections to Nicole’s cases. They searched Tim’s Jeep and asked if he owned any other cars.

    OFFICER: This is your only car?

    TIM AMACHER: No, no. I have a Challenger, too.

    And then let him go.

    Police continued to look for evidence, canvassing the building and surrounding area searching for security footage, and discovered cameras from FamilyWise, a bank across the street and an elementary school around the corner had captured every second.

    The first images of Nicole arriving to pick up her son. Then someone dressed all in black running her down from behind. The moment the shots were fired. The shooter fleeing on foot and then driving off in a black Dodge Ram truck.

    But the truck had no license plates, and police couldn’t tell who was driving. The next day, Nicole regained consciousness, and she told police that she was sure she knew who was responsible.

    Nicole Lenway: I just knew it had something to do with Tim. I just knew.

    TIM AMACHER (to police): Well, of course, I’m gonna be the first guy you, guys, to look at.

    Nicole Lenway: I didn’t know how he was involved, but he was involved.

    THE TAEKWONDO MASTER AND THE CRIME SCENE INVESTIGATOR

    The tenets of the Korean martial art taekwondo include courtesy, self-control, integrity. The most skilled, like Tim Amacher, are called “Master.”

    Nicki would come to believe that Amacher was somehow involved in her shooting. But in the world of taekwondo —

    Pat Zellmer: He was a very good instructor.

    Pat and Claire Zellmer were part of a Amacher’s tight group of friends, and also familiar with his World Taekwondo Academy.

    Claire Zellmer: People would definitely refer to him as Master Amacher within the — within his school. … But they would also, if they were still students and they were friendly outside of the school, he was still Master Amacher..

    Tim Amacher
    Tim Amacher

    Charles Dettloff


    People gravitated to Amacher — his physical skill, business savvy and easy confidence. A leader who seemed to have it all figured out.

    Pat Zellmer: He’s charismatic, driven, intense.

    Claire Zellmer: He can draw people in and make them feel this connection with him.

    And his reputation continued after dark.

    Erin Moriarty: The mayor of the nightlife here?

    Charlie Dettloff: I would say that’s a fair assessment, very much so, very much so.

    Charlie Dettloff knew Amacher well before he met Nicki, and witnessed firsthand, the power of Tim’s personality. 

    Charlie Dettloff: So, I moved back here in about 2001.

    Erin Moriarty: And was Tim Amacher already living next door?

    Charlie Dettloff: He was. He was living next door.

    Amacher was a helpful neighbor, with style and appeal you couldn’t miss.

    Charlie Dettloff: He loved fashion. Loved the right jeans, and the right shirt, and the right boot. … And always had to be the best.

    Erin Moriarty: Was he a good friend to you?

    Charlie Dettloff: Yeah, he was a great friend.

    Erin Moriarty: And where was Tim living?

    Charlie Dettloff (pointing at Amacher’s house): Tim’s bedroom was in the back corner here.

    And according to Dettloff, there was a waiting list of women who wanted into Amacher’s bedroom.

    Charlie Dettloff: Coming and going. Yeah, they would pull up right here … the front light here was um, purple and if that light was on then the women knew they could go in.

    Erin Moriarty: Are you serious?

    Charlie Dettloff: I’m not kidding. It was almost like the, you know, the red light district.

    Erin Moriarty: Juggling a lot of women.

    Pat Zellmer: Yes.

    Erin Moriarty: At once?

    Pat Zellmer: Yes, of course. … It seemed like there was a different girl every night.

    Erin Moriarty: What did women see in him?

    Claire Zellmer: I don’t know because I didn’t see it.

    But many other women seemed to see much in Tim Amacher.

    Erin Moriarty: How did you meet Tim?

    Nicole Lenway: I met Tim by going to his gym.

    Erin Moriarty: And when did you start dating?

    Nicolei Lenway: Shortly after.

    Nicole was responsible and grounded. Amacher’s close friends quickly understood the attraction.

    Charlie Dettloff: There was something special about her. She’s smart, she’s pretty, she’s outgoing. She’s got it all.

    Nicole Lenway: At first I actually wasn’t really interested. But he was very persistent. … And uh, he just kind of wore me down and I kind of — I started enjoying our time together.

    Erin Moriarty: And he was older.

    Nicole Lenway: Right. … He had experienced more life than me and it was exciting.

    Tim Amacher and Nicki Lenway
    Tim Amacher and Nicole Lenway

    Nicole Lenway


    They moved in together in early 2014. But friends say Amacher still wasn’t faithful.

    Erin Moriarty: Did you try to warn her about Tim and his women?

    Claire Zellmer: About his womanizing? Yes, absolutely.

    Nicole Lenway: There were a lot of red flags.

    Erin Moriarty: A lot of jealousy?

    Nicole Lenway: Yes.

    Pat Zellmer: They fought constantly. It was almost like a perpetual argument, verging on a fight.

    Erin Moriarty: Did you ever see him violent or hurtful towards her?

    Pat Zellmer: I did not, no.

    But Nicole would tell investigators Amacher was violent.

    Nicole Lenway: One night he threw me against the wall holding my neck.

    Erin Moriarty: Why did you stay even as long as you did?

    Nicki Lenway: I ask myself that all the time. I don’t know. I think I felt trapped.  And you know he just got into my brain so badly.

    She says that on a trip to Las Vegas an angry, alcohol fueled Amacher threw a lamp across the room.

    Nicole Lenway: It was terrifying. I locked myself in the bathroom.

    Nicki Lenway
    Nicole Lenway said she and Amacher had a long and rocky history that included allegations of abuse — “One night he threw me against the wall holding my neck.” 

    CBS News


    In September 2015, Nicole, then 26 years old, had more than enough. But she says now that breaking away from Amacher was anything but easy. 

    Nicole Lenway: I packed my bags, and I started walking out. … And he pulled me back into the house by my ponytail and dragged me into the bedroom. And after that I was like I am done.

    Nicole moved out. And an 18-year-old student of Amacher’s moved in, renting out one of his rooms. Her name: Colleen Larson.

    Charlie Dettloff: Seemed absolutely lovely, nice girl … I think she’s very smart. Probably book smart, not street smart.

    Larson had begun studying with Amacher when she was barely a teenager. Tim’s friends say she seemed infatuated with him.

    Pat Zellmer: He’s her instructor. He’s her Master, you know, for 10-plus years at this point.

    Claire Zellmer: It just seemed she was like this little puppy dog wanting to impress him.

    Pat Zellmer: Like a child and an adult, in that respect.

    Claire Zellmer: Yes.

    They say Larson seemed delighted to be living with the man she had idolized since she was young. As for Nicole, she hoped to have no further contact with Amacher.

    But very soon. they all got some unexpected news.

    Nicki Lenway: I found out then I was pregnant. … And he wanted me to get rid of the baby. And I told him I just couldn’t. … And I was in a state of panic.

    AT WAR OVER A LITTLE BOY

    OFFICER (April 20, 2020 | body cam video): Are — are you Timothy, sir?

    TIM AMACHER: Yes.

    OFFICER: OK, right now, I’m gonna ask you if I can search you for weapons real quick, OK?                                   

    TIM AMACHER: For weapons?

    OFFICER: Yeah.

    lenway-amacher-bodycam.jpg
    Police body cameras show Tim Amacher being questioned inside the FamilyWise parenting center, where he was visiting with his son on April 20, 2022.

    Hennepin County District Court


    Detectives needed to know all about Nicki’s relationship with her son’s father, Tim Amcher.

    TIM AMACHER: Why would I have weapons here?

    OFFICER: There was a shooting that happened.

    TIM AMACHER: OK — Which, that had nothing to do with me.

    OFFICER: Right.

    The investigation would track a trail that led back to the fall of 2015, when Nicole first learned she was pregnant, with the taekwondo Master she alleged had abused her.

    Nicole Lenway: It just got more and more volatile.

    Claire Zellmer: We were so excited for them to be having a baby. That’s a momentous event — a happy thing to normal people.

    But the only thing normal was the irrepressible joy of a new mother. She named him Callahan.

    Nicole Lenway: He was born on June 20th of 2016. … He was a big boy. And he was perfect.

    Claire Zellmer: And then she gave him the last name Amacher.

    Nicole was the primary caregiver. But sometimes Cal stayed with his dad.

    Erin Moriarty: Did you feel that co-parenting was working?

    Nicki Lenway: I felt like it could.

    But he wasn’t always reliable, says Nicole.  When she needed him most, Amacher was halfway around the world.

    Pat Zellmer: Tim went to Thailand and totally bailed on Christmas and New Year’s.

    Amacher may not have been a hands-on dad, but someone else was ready to step in: Colleen Larson, his longtime taekwondo student who was renting that room in Tim’s house.

    Charlie Dettloff: She was … very kind to Callahan, she was a good caregiver to him.

    And with unpredictable hours with the Minneapolis Police Department, the arrangement seemed to work for Nicole.

    Nicki Lenway: My son really seemed to like her.

    Colleen Larson
    Colleen Larson had been Tim Amacher’s taekwondo student since she was an adolescent. When she was 18 years old, she moved in with Amacher and their relationship would eventually become romantic. 

    Hennepin County District Court


    When the once young taekwondo student turned 18, her relationship with Tim Amacher quietly changed according to Dettloff.

    Erin Moriarty: Did you get the sense he was in love with Colleen?

    Charlie Dettloff: No. Not at all. I think she was very much in love with him.

    Dettloff says Amacher called the relationship “easy.”

    Charlie Dettloff:  She would call him “Master.”

    Erin Moriarty: At the house?

    Charlie Dettloff: Yep, Master Amacher. … And ultimately kinda became, you know, like a maid or a servant to him.

    Then, in the summer of 2017, Nicole’s life took a dramatic turn.

    Erin Moriarty: Do you remember when you first met Nicole?

    Donovan Ford: Absolutely.

    It was the kind of love at first sight that only a cop on the beat could have.

    Donovan Ford: First time I ever saw her was on a burglary call. … I definitely took notice at that point.

    Erin Moriarty: Why?

    Donovan Ford: She’s gorgeous.

    And to Donovan Ford, intriguing.

    Donovan Ford: She processed the scene.

    Erin Moriarty: So, she was a member of the real CSI.

    Donovan Ford: Oh, yeah.

    Nicole Lenway: He knew that I was a single mom. And he was divorced.

    Erin Moriarty: When I just mentioned his name you lit up. Why is that?

    Nicole Lenway: He is truly the love of my life. He has been the biggest blessing to myself and my son.

    Erin Moriarty: And he’s been through a lot with you, hasn’t he?

    Nicole Lenway: He has.

    Nicki and Donovan Ford
    Nicole and Donovan Ford

    Nicole Lenway


    Nicole’s already difficult relationship with Amacher only got worse when Tim discovered she was dating Donovan Ford, who was fast becoming part of Callahan’s life.

    Erin Moriarty: Did the way … he dealt with Cal change after you started dating Donovan?

    Nicole Lenway: It did …  He wanted him all the time.

    And Amacher didn’t want Ford around his son. He accused Donovan of saying negative things about Colleen Larson. Then Amacher called Ford and left this angry voice message: “Man up for once in your life and quit hiding behind the badge.”

    Donovan Ford: And then I started getting text messages.

    Like the one where Amacher claimed Ford was destroying his family.

    It ignited what can only be called a war that would grow treacherous. And it wouldn’t be a short one.

    Erin Moriarty: How would you describe the last six years?

    Nicole Lenway: It has been chaos.

    Nicole claims Amacher tried to destroy her.

    Nicole Lenway: Like,” I’m going to take everything from you.”

    Erin Moriarty: Did you believe him?

    Nicole Lenway: I did.

    The black belt’s new weapon of choice was the legal system.

    Charlie Dettloff: It was the relentless number of motions before the court.

    He reported Nicole to Child Protection Services multiple times, accusing her and Ford of physical and sexual abuse.

    Erin Moriarty: Children Services show up at your house?

    Nicole Lenway: Yes. … I had them in and out of my home for three years.

    Amacher filed for custody of Cal. And Nicole filed for an order of protection from Amacher.

    Not a single one of the allegations against Nicole or Ford was found to have substance.

    Erin Moriarty: Did you see anything that concerned you or made you think that Cal had been abused?

    Charlie Dettloff: No, nothing.

    Claire Zellmer: No.

    Pat Zellmer: Not at all.

    Claire Zellmer: He was a well-loved child.

    But Amacher didn’t stop there. He also filed complaints to the police department about Donovan Ford.

    Donovan Ford
    Donovan Ford tells “48 Hours” that Tim Amacher also filed complaints to the police department about him.

    CBS News


    Erin Moriarty: You were investigated then?

    Donovan Ford: Mm hmm.

    Erin Moriarty: And what was the finding?

    Donovan Ford: Nothing happened.

    Erin Moriarty: It continued?

    Donovan Ford: Yup. Allegation after allegation.

    And then in May of 2018, Amacher alleged Nicki ran over his foot with her car.

    Nicole Lenway: I was charged with domestic assault.

    The proud crime scene investigator was now a humiliated defendant.

    Nicole Lenway: I never thought I would be at the defense table.

    Erin Moriarty: How long was the jury out on that?

    Nicole Lenway:: Less than 15 minutes. … I was found not guilty.

    But the battle for Callahan raged on. And the child got caught in the middle.

    Nicole Lenway: You could tell he was very conflicted.

    Charlie Dettloff: Callahan was a pawn. It wasn’t about Callahan, or Callahan’s wellbeing. … It was about inflicting the maximum amount of damage on Nicki.

    In the fall of 2020, the trial for custody of Callahan began. When it was over, the judge awarded Nicole sole legal and physical custody. Amacher was allowed just one supervised visit a week. Tim Amacher, once a champion, was now boxed into a corner. He was allowed no contact alone with his son. And cops thought that might be a motive for him wanting Nicki dead.

    Police would hone in on the crime scene. Remember that black Dodge Ram truck that the shooter drove off in? Turns out Amacher had lied to the cops — he owned a truck just like it.

    A DIGITAL TRAIL LEADS COPS TO THE UNLIKELY SHOOTER

    Patrick Lofton: A good homicide detective will tell you is it’s just good to know what vehicles anybody owns, whether they’re a witness, whether they’re a suspect, whether they’re a victim, because people use their vehicles. And that’s how you can figure out things. That’s how you can pursue leads.

    On the night of Nicole’s shooting, Assistant Hennepin County attorneys Patrick Lofton and Jacob Fischmann say that police were determined to find out who was driving that black Dodge truck.

    Jacob Fischmann: A black Dodge Ram is a very, very common car.

    And authorities had asked Tim Amacher what he owned.

    OFFICER (body cam video): This is your only car?

    TIM AMACHER: No, no. I have a Dodge Challenger, too.

    A Dodge Challenger sedan and a Jeep. But it turned out that Amacher did have another vehicle: a black Dodge Ram truck that looked a lot like the one seen leaving the area after the shooting.

    Patrick Lofton: That raised the alarm bells for the Minneapolis Police Department.

    lenway-amacher-police.jpg
    Tim Amacher insisted the Black Dodge Ram truck in the surveillance photos was not his.

    Hennepin County District Court


    Police called Amacher in for a second interview. They showed him stills of the truck from that video. Seemingly unruffled, he insisted it wasn’t his.

    OFFICER: So, this is a picture right here.

    TIM AMACHER: That’s not my truck.

    TIM AMACHER: Those pictures were not pictures of my truck.

    Amacher claimed his truck, unlike the one in the video, had a license plate and Superman decal stickers near both front doors.

    Jacob Fischmann: Where is the Superman logo? Case closed. Superman logo is not on the truck. Couldn’t have been me.

    TIM AMACHER (to police at FamilyWise): I’ve been here the whole time. I don’t know what happened out there. I’m not …

    What’s more, he had an alibi: he was inside the FamilyWise center when Nicole was shot. So even if it was his truck, he couldn’t be the driver.

    OFFICER: Who else has access to the truck?

    TIM AMACHER: Uh, Colleen has access to it.

    Colleen Larson, Amacher’s former taekwondo student.

    OFFICER: Is she the only one?

    TIM AMACHER: Um, to my knowledge.

    To police, the pieces of the puzzle were coming together. Nicole had said she thought the shooter was a woman.

    OFFICER: So, let me ask you this. Is there any reason why Colleen would want to shoot Nicole.

    TIM AMACHER: Oh, hell no. She wouldn’t hurt anybody.

    Amacher insisted Larson was incapable of violence. And Larson, who was also brought in for questioning, insisted she was nowhere near FamilyWise that night.

    Patrick Lofton: She said that she came home from work as usual, went inside, took a shower, and was there until Tim got home.

    But police didn’t believe either one of them and turned to FBI special agent Richard Fennern, a technology specialist. He discovered that Amacher’s truck had Wi-Fi and, like a cellphone, creates a digital trail. 

    Richard Fennern: We could track it much like we could a cellphone.

    Fennern wanted to know everywhere Amacher and Larson went the day of the shooting. Their cellphones and the Black Dodge truck left plenty of digital breadcrumbs.

    Richard Fennern: With phones, with cars, whatever you have, they’re gonna tell you the truth. Their records always tell you the truth.

    On the afternoon of the shooting, Amacher and Larson were both at the taekwondo studio. Around 4 p.m., Amacher left to go to FamilyWise for the visit with his son. He was driving the Jeep. Later, Larson left the studio, in the black truck, to go home.

    Erin Moriarty: And how can you tell that?

    Richard Fennern: That’s from the cellphone records.

    Erin Moriarty: So, not only the truck, but her cellphone?

    Richard Fennern: Correct.

    Just after 7 p.m., Fennern says, the black truck left the couple’s residence and headed straight to FamilyWise.

    lenway-larson-surveillance.jpg
    Colleen Larson, dressed in black,” appears to be walking around, essentially scoping out the area … planning her next steps,” according to prosecutor Jacob Fischmann.

    Hennepin County District Court


    Jacob Fischmann: Now, we see that person who is walking.

    Erin Moriarty: Right here.

    Jacob Fischmann: That is Colleen Larson.

    Colleen Larson did leave her house. And detectives placed her directly at the scene.

    Jacob Fischmann: She appears to be walking around, essentially scoping out the area. …  I believe she is … planning her next steps.

    A raid of the couple’s house yielded more evidence: bullet casings matching the ones found at the crime scene.

    Police questioned Larson twice. The first time she denied any involvement, but during the second interview, which was recorded, she broke down and confessed: “I took the truck and I drove over there … and then I shot her.”  Even though Larson admitted to pulling the trigger, she said the whole thing was Amacher’s idea. . She was charged with attempted first-degree premeditated murder. But was Tim Amacher involved?

    Agent Fennern suspected that Amacher had deliberately altered his truck’s appearance to throw cops off his path. He discovered that several hours before the shooting, Amacher had driven the black truck to a drive-thru at a local Kentucky Fried Chicken.

    Richard Fennern: We pull surveillance video, there’s that same truck without the decal, without the license plate. 

    For police, it was enough. Tim Amacher was arrested and charged with attempted first-degree premeditated murder and aiding an accomplice after the fact.

    Jacob Fischmann: When you do something to significantly further or assist in a crime, you are just as culpable as the person that actually pulls the trigger.

    Nicole was not surprised to hear that Amacher had been arrested, but she was shocked to find out about Larson. 

    Erin Moriarty: Why would she shoot you?

    Nicole Lenway: I don’t know.

    This time, when Larson was questioned by police, she broke down and confessed to shooting Nicole.

    COLLEEN LARSON (to police): I took the truck and I drove over there… and then I shot her.

    Colleen Larson
    During Colleen Larson’s second interview with police, which was recorded, she broke down and confessed. “I took the truck and I drove over there … and then I shot her.” Even though Larson admitted to pulling the trigger, she said the whole thing was Amacher’s idea.

    Hennepin County District Court


    And she says Amacher was behind it.

    INVESTIGATOR: Whose idea was it to shoot Nicole?

    COLLEEN LARSON: Tim’s.

    INVESTIGATOR: So, he asked you, if you felt — if you comfortable would you shoot Nicole for me?

    COLLEEN LARSON: Yeah.

    INVESTIGATOR: Yes.

    She said she believed Amacher’s story that Nicole was abusing Callahan.

    COLLEEN LARSON: She was doing bad things to her child… And I wanted to help the little man (cries).

    After the shooting, she told police, Amacher disposed of the gun.

    COLLEEN LARSON: He just said he would take care of it.

    INVESTIGATOR: He just said he would take care of it …

    INVESTIGATOR: So, you have no idea what he did with the gun?

    COLLEEN LARSON: Not exactly, no. (crying)

    Still, Amacher continued to deny any involvement.

    On Nov. 3, 2022, Tim Amacher’s trial began. There were no cameras in the courtroom. Prosecutors knew they had to show the jury that Nicole wasn’t abusing her son, and that it was Amacher who had been victimizing her for a long time.

    Jacob Fischmann: What happened behind the scenes wasn’t just this couple seconds of horror that Nicole had to suffer at FamilyWise. It was 10 years of hell that he put her through.

    Amacher and his lawyers refused our request for an interview. But “48 Hours” consultant and defense attorney Matthew Troiano reviewed their case for us.

    Matthew Troiano: There’s obviously no direct evidence of Tim’s guilt, zero. He has a rock-solid alibi about where he was at the time that this happened.

    According to Troiano, the prosecutors needed to build their case by focusing on Amacher’s lies, and his past treatment of Nicole, because there was no smoking gun that directly tied Tim to the shooting.

    Matthew Troiano: There is circumstantial evidence … the truck … the lies … Those are all kind of circumstantial pieces that tie back to him. … But there is no direct evidence of … him specifically buying or doing or having something that led to this act.

    The defense called no witnesses to the stand. Troiano thinks they were betting the prosecution just hadn’t made its case.

    Matthew Troiano: Where’s the proof? Where’s the evidence?

    As the jury went out to deliberate, prosecutors were concerned.

    Jacob Fischmann: Of course, we were very worried.

    Erin Moriarty: There is a chance this guy is gonna walk.

    Jacob Fischmann: Absolutely.

    Erin Moriarty: How nervous were you?

    Nicole Lenway: Really nervous.

    A CONVICTION, A PLEA, AND A VICTIM TRYING TO MOVE ON

    Those sacred tenets of taekwondo — self-control and integrity. Could the Master win this battle? The jury took an hour to decide.

    Nicole Lenway: He was found guilty.

    Donovan Ford: Guilty on all counts.

    Tim Amacher is found guilty of premeditated attempted murder and aiding his accomplice, Colleen Larson.

    Erin Moriarty: And how did you both feel about that?

    Claire Zellmer: Relieved. Joyous.

    Pat Zellmer: And justice for Nicki.

    Nicole Lenway: I almost didn’t believe it. … Finally, we had some type of closure.

    At sentencing, Nicole wanted Judge Shereen Askalani to hear all she endured. To protect her, the judge kept most of Nicole’s statement off camera.

    But the memories of that point-blank moment will clearly never be forgotten.

    Nicole Lenway: I can still feel the burning sensation and the utter fear of not being able to speak or to help myself. … I truly thought I was dying that day … Even though I feel like the truth is starting to come to light, I still live in fear.

    Amacher, who’d refused to testify at his trial, now decided to speak. The court allowed his plea for leniency to be heard and filmed.

    TIM AMACHER (addressing the judge): It is no secret how broken this system is … The main message that I felt called here to say goes as this, for all who are led by the spirit of God, are sons of god, but with me it is a very small thing that I should be judged by your or by any human court …

    Erin Moriarty: How would you describe his statement?

    Nicole Lenway: Erratic:  … blaming everybody else. He was the victim, and this happened to him.

    Erin Moriarty: Did he show any kind of remorse?

    Nicole Lenway: No.

    Judge Askalani had no patience for Amacher and his claims that Nicole had been abusive.

    JUDGE SHEREEN ASKALANI: It appears that you have been promoting this false narrative about Ms. Ford for so long that you may actually believe it at this time.

    Then she sentenced him to 18 years in prison.

    Just four days later, Colleen Larson pleaded guilty to aiding and abetting first-degree attempted murder. 

    At her sentencing hearing, rather than speak for herself, Larson had her attorney read a statement. She took full responsibility for all that had happened:

    DANIEL ADKINS (reading): “Your Honor, I stand before you with the utmost respect for the decision to come. … I accept all the consequences for my actions. I understand and want to atone for what I have done. … A simple apology cannot cover the long-term damages that I have caused.”

    JUDGE SHEREEN ASKALANI: Anything additional from you at this time?

    COLLEEN LARSON: No, Your Honor.

    Pat Zellmer: Colleen’s got a killer in her. She did it. There’s no, no question she had the capacity.

    Tim Amacher and Colleen Larson
    Tim Amacher was found guilty of premeditated attempted murder and aiding his accomplice, Colleen Larson, and was sentenced to 18 years in prison. A few days later, Larson pleaded guilty to first-degree premeditated attempted murder. She was sentenced to 16-and-a-half years.

    Minnesota Dept. of Corrections


    Larson was sentenced to 16-and-a-half years for doing what prosecutors say was Amacher’s bidding.

    Nicole Lenway: I think she wanted his approval and his love so badly that she would do anything. … And she was in this delusional fantasyland where she thinks, you know, if I wasn’t around that they could run off into the sunset with Callahan and be a happy little family.

    Erin Moriarty: But how does somebody convince another person who’s never committed a crime to shoot someone?

    Pat Zellmer: It’s wild. Cal?

    Claire Zellmer: I would love the answers to that because that’s where we’re stuck, too.

    Attorney Matthew Troiano wonders if Amacher had been controlling Colleen for years.

    Mathew Troiano: Why would she do this? … It’s the fact that she had known this person since she’s 12 years old. They had been in this kind of dominant subservient relationship where he’s the master, she’s the student. He is the boss.

    One woman who once dated Amacher, who doesn’t want to be named or have her face shown, says she knows firsthand the powerful hold Amacher can have on the women in his life.

    Jane Doe: Yes, it was a high to be around him.

    Erin Moriarty: And that you wanted to do whatever you could to hang onto that high?

    Jane Doe: Yes.

    She says she was once under Amacher’s spell— but is certain she would never kill for him. Still, she sees some of herself in Larson.

    Jane Doe: And I feel like that was me. Yep, I definitely feel like I was willing to do whatever I could to make him approve of me and want to be with me.

    With good behavior, Tim Amacher could be out of prison by 2034.

    Erin Moriarty: Do you think you’ll ever feel truly safe again?

    Nicole Lenway: No.

    Erin Moriarty: You’ll always have to be looking over your shoulder?

    Nicole Lenway: I think so.

    It all still haunts Donovan Ford — the shots fired, the woman he loves fighting for her life.

    Erin Moriarty: Do you still see that in your head?

    Donovan Ford: Absolutely. Oh, yeah.

    Erin Moriarty: Still fear that you could lose her.

    Donovan Ford: Yeah, mm hmm. All the time.

    Yet alongside the destruction, there are miracles in this story.

    Emile Clancy: Hello.

    Nicole Lenway: Hello.

    Emile Clancy:  Good to see you again.

    Nicole Lenway: Good to see you too. … Almost exactly a year.

    Emile Clancy: I know.

    Emilie Clancy: You looks so well!

    Nicole Lenway: Thank you!

    lenway-clancy.jpg
    Emilie Clancy and Nicole Lenway reunited a year after the shooting.

    CBS News


    “48 Hours” asked for this one-of-a-kind reunion with Emilie Clancy, who raced to help a stranger — saving Nicole’s life.

    Nicole Lenway: And we are expecting a baby!

    Emilie Clancy: Congratulations!

    Nicole Lenway: Thank you.

    Emile Clancy:  Oh, I’m so happy for you.

    Nicole Lenway: Thank you.

    Ford and Nicole, now husband and wife, had just gotten the good news.

    Donovan Ford: And I was like, “are you serious?” And she’s like, “yup.” And then we’re just hugging and happy.

    As for the child Nicole had with Tim Amacher —

    Erin Moriarty: How old is Callahan now?

    Nicki Lenway: He’s 6.

    Erin Moriarty: Does he know that his dad tried to kill you?

    Nicki Lenway: He does now.

    Erin Moriarty: And how did he take that?

    Nicki Lenway: Better than I thought he would.

    Donovan Ford: He’s come out amazing … That’s a miracle too, just him being able to deal with all the stuff he’s been through and still be the kid he is.

    If you or someone you know is a victim of domestic abuse, call 1-800-799-SAFE or visit thehotline.org.

     


     

    Produced by Betsy Shuller and Jamie Stolz. Elena DiFiore is the development producer. Doreen Schechter is the producer/editor. Tamara Weitzman and Michelle Sigona are development producers. Atticus Brady and Joan Adelman are editors. Shaheen Tokhi is the associate producer. Patti Aronofsky is the senior producer. Nancy Kramer is the executive story editor. Judy Tygard is the executive producer.

    [ad_2]

    Source link

  • The attempted murder of Nicki Lenway: A look at the evidence

    The attempted murder of Nicki Lenway: A look at the evidence

    [ad_1]

    A crime scene investigator survives after being gunned down in broad daylight. The harrowing scene is captured on surveillance video. Who pulled the trigger? See how investigators followed a digital evidence trail to solve the case.

    The shooting

    lenway-beforeshooting.jpg
    A surveillance image shows Nicky Lenway walking towards the FamilyWise parenting center. Behind her is a person dressed in black, who would shoot her two times.

    Hennepin County District Court


    On April 20, 2022, Nicole “Nicki” Lenway was shot twice in the arm and neck and left for dead in the parking lot of FamilyWise, a parenting center in Minneapolis, Minnesota. Lenway had been on her way to pick up her then 5-year-old son from a supervised visit with his father, Tim Amacher.

    An armed assailant dressed in all black can be seen running up behind Lenway, just moments before pulling the trigger, shooting her at point-blank range and fleeing from the scene. The shooter escaped in a black Dodge Ram truck.

    The 911 call

    Surveillance image: Nicki Lenway calls 911
    An injured Nicki Lenway calls 911.

    Hennepin County District Court


    Lenway, 33, was no stranger to violence. She worked the night shift as a forensic scientist for the Minneapolis Police Department. She often found herself at crime scenes, but never the victim of one.

    Right after being shot in the neck, Lenway called 911, but operators couldn’t understand her gurgled cries for help. Security footage from FamilyWise shows Lenway moments after the shooting.

    A Good Samaritan’s help


    Shooting victim reunited with bystander who saved her life

    03:17

    Emilie Clancy couldn’t believe what she saw and heard from the intersection across the street. Clancy was driving by when she saw a mysterious figure in black run up behind a woman (Lenway) and shoot her at point-blank range.

    As soon as the light turned green, Clancy sped through the intersection and sped up next to Lenway. Clancy ushered Lenway into the car and took over the 911 call. Clancy applied pressure to Lenway’s neck and comforted her as she fought for her life. 

    The race to save one of their own

    Nicki Lenway on gurney
    Nicki Lenway had been shot twice.

    Hennepin County District Court


    Within minutes, first responders arrived. The dramatic scene was captured on police body cameras. Lenway was loaded into the ambulance and soon lost consciousness. She had a perforated lung, severe damage to her vocal cords and a bullet lodged between two of her ribs. Lenway was in critical condition. 

    Investigators at the scene

    lenway-familywise.jpg
    On the ground outside the FamilyWise parenting center, investigators found three discharged bullet casings and blood.

    Hennepin County District Court


    As doctors worked to save Lenway, her colleagues at the police department got to work. At the crime scene, they found three discharged bullet casings and blood. Investigators headed inside the FamilyWise parenting center where Lenway had been headed to pick up her son. There they met the father of her child – her ex boyfriend, Tim Amacher. 

    A solid alibi

    Tim Amacher questioned
    Police body cameras show Tim Amacher being questioned inside the FamilyWise parenting center where he was visiting with his son at the time of the shooting.

    Hennepin County District Court


    Officers caught up with Amacher as he was finishing up his visit with their 5-year-old son Callahan. Amacher had been at the center for hours, and he told investigators he had no idea what happened outside to Lenway. 

    One of the detectives at the crime scene asked Amacher what cars he owned. Amacher told him he owned the Jeep he was driving and a Dodge Challenger sedan.

    Searching for answers

    lThe shooter running back to the black truck
    This surveillance image shows the shooter running back to the black Dodge Ram truck.

    Hennepin County District Court


    Despite their efforts, investigators were initially limited. On surveillance video, they could see the shooter drove off in a black Dodge Ram truck.  But the truck had no license plate, and police couldn’t tell who was driving.

    The next day, Lenway regained consciousness, and police were able to interview her in the hospital. They asked if she had any idea who would want to kill her. Right away, she told police that she was convinced her ex-boyfriend, Tim Amacher, had something to do with it. In an Interview with “48 Hours” correspondent Erin Moriarty, Lenway said, “I just knew it had something to do with Tim. I just knew … I didn’t know how he was involved, but he was involved.”

    Who is Tim Amacher?

    Tim Amacher
    Tim Amacher

    Charles Dettloff


    Amacher was a well- liked local taekwondo instructor, who was known as a good friend and neighbor. For police it didn’t make sense that he could have done this, especially since they knew Amacher was inside FamilyWise at the time of the shooting, giving him a seemingly rock-solid alibi. 

    Caught in a lie?

    Tim Amacher's truck

    Hennepin County District Court


    Remember when investigators asked Amacher what vehicles he had?  It turns out Amacher owned a black Dodge Ram truck like the one the shooter drove off in, but at the scene he didn’t tell that to investigators.

    A second round of questioning

    lenway-amacher-questioning.jpg

    Hennepin County District Court


    Police called Amacher in for a second interview.  They showed him stills of the truck from that surveillance video. Seemingly unruffled, he insisted it wasn’t his. Amacher said that his truck, unlike the one in the video, had a license plate and Superman decal stickers near both front doors. Besides, Amacher had an alibi — he was inside the FamilyWise center when Nicole Lenway was shot. How could he have shot Lenway and been the driver when his time was accounted for during the shooting? 

    Amacher continued to insist he had nothing to do with the shooting. 

    An unlikely suspect

    Colleen Larson
    Colleen Larson

    Hennepin County District Court


    In his interview with police, Amacher told Investigators that the only other person who had access to his truck was Colleen Larson. When Investigators asked Amacher if Larson might have a reason for wanting to shoot Nicole, he insisted that Larson was incapable of violence and quickly dismissed the question.

    Larson was Amacher’s former taekwondo student and she was renting a room from him in his home. When police initially spoke to Larson, she denied being anywhere near the FamilyWise center when Lenway was shot.

    A series of digital breadcrumbs

    FBI digital trail evidence

    Hennepin County District Court


    Despite their denial, police didn’t believe Larson or Amacher.

    Investigators turned to FBI special agent Richard Fennern, a technology specialist. When Fennern took a closer look at the case, he discovered that Amacher’s Dodge Ram truck had Wi-Fi, like a cellphone. And much like a cellphone, it created a digital trail. 

    Agent Fennern set out to find out everywhere that Amacher and Larson went on the day of the shooting. He followed the digital trail left behind by their cellphones and the truck’s Wi-Fi.  Using those records, Fennern was able to figure out that at a certain point Larson was driving the black Dodge Ram truck that day and that black Dodge Ram truck was driven to the FamilyWise parenting center.

    A raid reveals more evidence

    Lenway shooting evidence
    Bullets recovered from the search of Tim Amacher’s home.

    Hennepin County District Court


    A raid of Tim and Colleen’s house yielded more evidence – bullet casings matching the ones found at the crime scene. 

    Arresting Colleen Larson

    Collen Larson arrest photo
    Colleen Larson was arrested and charged with attempted first-degree premeditated murder.

    Hennepin County Sherriff’s Office


    On April 28, 2022, Colleen Larson was arrested. She was charged with attempted first-degree premeditated murder. 

    Arresting Tim Amacher

    Tim Amacher arrest
    Tim Amacher was arrested and charged with attempted first-degree premeditated murder and aiding an accomplice after the fact

    Hennepin County District Court


    Investigators suspected Larson was not working alone. Fennern suspected that Amacher had deliberately altered his truck’s appearance to throw police off their path. Fennern discovered that several hours before the shooting, Amacher had driven the black truck without plates and without the Superman stickers to a drive-thru at a local Kentucky Fried Chicken. Tim Amacher was arrested and charged with attempted first-degree premeditated murder and aiding an accomplice after the fact. 

    A confession from Colleen Larson

    Colleen Larson
    Colleen Larson being questioned by investigators.

    Hennepin County District Court


    Police questioned Larson twice. The first time she denied any involvement, but during the second interview, which was recorded, she broke down and confessed. “I took the truck and I drove over there … and then I shot her.” 

    Even though Larson admitted to pulling the trigger, she said the whole thing was Amacher’s idea.

    Larson told police that after the shooting she got rid of the black clothes she wore to disguise her identity, but Amacher had disposed of the gun.

    Amacher convicted

    Tim Amacher
    Tim Amacher was found guilty and sentenced to 18 years in prison.

    Minnesota Dept. of Corrections


    On Nov. 3, 2022, Amacher’s trial began. There were no cameras in the courtroom. After an hour of deliberations, Amacher was found guilty of attempted first-degree premeditated murder and aiding his accomplice, Colleen Larson. Amacher was sentenced to 18 years in prison. 

    Larson pleads guilty

    Colleen Larson booking photo
    Colleen Larson pleaded guilty to the charges against her and was sentenced to 16-and-a-half years in prison.

    Minnesota Dept. of Corrections


    Four days later,  Larson pleaded guilty to aiding and abetting attempted first-degree murder, avoiding a trial.  At her sentencing hearing, rather than speak for herself, Larson had her attorney read a statement. In it, she took full responsibility for all that had happened. Larson was sentenced to 16-and-a-half years, for doing what prosecutors believe, was Amacher’s bidding. 

    A storybook ending and a new beginning

    Nicki, Callahan and Donovan
    Nicki, Callahan and Donovan 

    CBS News


    Alongside all the destruction, there are small miracles. Nicole Lenway has made a miraculous discovery and married the love of her life, Donovan Ford, a police officer. They are expecting a baby girl together and are overjoyed. 

    As for the child, she shares with Amacher? Donovan told Moriarty, He’s come out amazing. That’s a miracle too, just him being able to deal with all the stuff he’s been through and still be the kid he is.”

    [ad_2]

    Source link

  • Remembering CBS News’ Mark Ludlow and John Yacobian

    Remembering CBS News’ Mark Ludlow and John Yacobian

    [ad_1]

    Remembering CBS News’ Mark Ludlow and John Yacobian – CBS News


    Watch CBS News



    “48 Hours” senior producer John Yacobian died unexpectedly last week and CBS News video editor Mark Ludlow died this weekend after a battle with cancer. “CBS Evening News” anchor and managing editor Norah O’Donnell pays tribute to them both.

    Be the first to know

    Get browser notifications for breaking news, live events, and exclusive reporting.


    [ad_2]

    Source link

  • A former “Family Feud” contestant convicted of wife’s murder speaks out: “I’m innocent. I didn’t kill Becky.”

    A former “Family Feud” contestant convicted of wife’s murder speaks out: “I’m innocent. I didn’t kill Becky.”

    [ad_1]

    Josh Jones and Laura Keck have prosecuted hundreds of cases, but no case has troubled them quite like the murder of Becky Bliefnick.

    Josh Jones: You put yourself in the mind of Becky Bliefnick in the last moments of her life, the fear that she had to be feeling … You can’t walk out of that house and not be affected by it.

    Becky was just 41 years old when, on the afternoon of Feb. 23, 2023, her own father discovered her lifeless on the bathroom floor of her Quincy, Illinois, home. She had been dead for hours — shot a total of 14 times. None of the wounds were immediately fatal.

    Josh Jones: It took her minutes to die. … It was an emotional response for both of us to realize not just that she had been executed … but that her last minutes were lying on a floor alone, in the dark, in extreme pain, waiting to die.

    ILLINOIS MOM GUNNED DOWN IN HER HOME

    Quincy is a quiet town along the Mississippi River where violent crimes are rare and unsettling.

    Laura Keck: She was a nurse … who had three children. … I think people were just horrified that a mother of three young boys could be shot and killed in her own home.

    Sarah Reilly is Becky’s older sister and her only sibling. She lives in New York, but was away on vacation with her husband, Bret Reilly, when they got that life-changing call.

    Sarah Reilly: You just wanna wake up and have it not be real.

    Bret Reilly: It’s a living nightmare. … How fast can we get to the airport, fly back to New York, unpack our swimsuits and pack funeral clothes, and get out to Quincy, Illinois, and just holding each other up in screaming grief.

    Erin Moriarty: How would you both describe her?

    Bret Reilly: Selfless.

    Sarah Reilly: That really captures it. … She thought of everybody that was in her life as somebody important and somebody special. … The kids were her world.

    Bliefnick family
    On the night of her murder, Becky Bliefnick was home alone. Her three boys were staying at their father, Tim Bliefnick’s house, about a mile away. Becky and Tim were in the process of getting divorced.

    Laura Keane Photography


    Becky’s three sons – ages 12, 10 and 5 – were not at home at the time of the murder. They were staying with their father, Tim Bliefnick, about a mile away. The couple was in the process of getting divorced. Tim says that when he couldn’t reach Becky on the 23rd, he contacted her father.

    Tim says that when he couldn’t reach Becky on the 23rd, he contacted her father.

    Tim Bliefnick: He said, ‘Hey, I haven’t been able to get a hold of her either. I’m gonna go over to the house.” … What happened to Becky should have never happened. And it just— it still doesn’t—at times, it still just doesn’t feel real.

    Police quickly determined that the killer had broken into Becky’s home by prying open an upstairs window in one of the children’s bedrooms. Video shows a police officer later reenacting how investigators believe the assailant scaled the house.

    Josh Jones: The person had climbed up on there … there was a patio chair that was pulled over … They walked past Becky’s windows in her bedroom … And then they went to a room of one of the boys … and they pried open, broke the window open, uh, went in. … You could almost trace their path … to Becky’s room. They had kicked in or broken in the door violently. … Becky then ran into the bathroom turned around and … got shot.

    Erin Moriarty: What time do you believe the intruder entered the house?

    Josh Jones: So, it would’ve been around 1:11 in the morning, because we know that at 1:11 and 10 seconds, Becky tried to call 911 on her cell phone. She dialed 9-1-1-2-6. And the phone was knocked out of her hand, and it was found behind the door.

    Nothing appeared to be stolen, and neighbors didn’t see or hear anything. But there was evidence left behind: a partial shoe print near the point of entry, eight spent 9-millimeter shell casings, and small pieces of plastic on the floor around Becky’s body.

    Josh Jones: We thought it was unusual when we saw that. It was like, “OK, what is this?”

    Detectives canvassing the neighborhood looking for surveillance video didn’t have to go far. Becky’s next door neighbors, the Heimanns, had installed a camera on the side of their house after a car break-in more than a year earlier. It pointed at their driveway, which ran alongside Becky’s house.

    Erin Moriarty: What does it record?

    Taylor Heimann: It records movement. So anytime it senses movement, it will notify us on our phones.

    Bliefnick evidence
    When police began investigating the murder, they spoke to Becky Bliefnick’s next-door neighbors. They had a security camera set up in their driveway, which ran alongside Becky’s house. Their camera didn’t capture anything on the night of the murder, but it did capture something unusual about 24 hours earlier. At 1:05 a.m., a  person was seen walking down the driveway towards the back of Becky’s house and what appeared to be that same person was seen again—48 minutes later—this time, walking in the opposite direction.  

    Adams County State’s Attorney’s Office


    The Heimanns’ camera didn’t capture anything on the night of the murder, but it did capture something unusual about 24 hours earlier. We have slowed down some of the videos so you can see them better. At 1:05 a.m., a person was seen walking down the driveway towards the back of Becky’s house. And what appeared to be that same person was seen again 48 minutes later — this time, walking in the opposite direction. The camera had also captured a similar incident — about a week earlier – on February 14, Valentine’s Day.

    Taylor Heimann: I saw that one in the middle of the night. … And texted Becky immediately. I told her …we just saw somebody in the driveway. And she responded not till the next morning—

    Erin Moriarty: And what did she say when she responded?

    Taylor Heimann: That’s when she told me that she hadn’t seen anything. But she thought she had been hearing voices in her backyard and her motion light go on. And she was very paranoid.

    At the time, the Heimanns thought it was a neighborhood prowler looking for something to steal. But now, with Becky dead, they began to wonder. And investigators did, too.

    Josh Jones: Officers went around the entire neighborhood trying to find more video. … And we were able to find a video from a house … and we were able to find video from the Quincy bus barn. … And those videos showed a person … riding a bike in the direction of Becky’s house.

    After analyzing the recorded times of the videos, authorities began to suspect that the person seen on the bike was the same person seen in the driveway.

    Josh Jones: Every time you see a person at the Heimann residence, you see a person riding a bike down the road, just a few minutes before you see a person on that Heimann video.

    And even though there was no video from the Heimann residence on the morning Becky was killed, there was video of a person on a bike riding in the direction of Becky’s house right before the murder, and in the opposite direction right after.

    Laura Keck: And this is not a part of town that people ride bikes in the middle of the night in winter. … And, so, when you have this surveillance video … and it exactly matches the timeline … that’s suspicious.

    But there was one big problem:  you can tell absolutely nothing from the videos — only that the bike did not appear to have reflectors on the wheels.

    Erin Moriarty: I mean, you can’t see —

    Josh Jones: No.

    Erin Moriarty: — whether it’s male, female.

    Josh Jones: No. It’s terrible.

    Laura Keck: It’s terrible. The video is terrible.

    Authorities needed more leads, and they would get one from Becky’s sister that would point them in a very specific direction.

    “IF SOMETHING EVER HAPPENS TO ME …”

    When Becky’s sister Sarah and brother-in-law Bret learned of her murder, they say one person came to mind as the prime suspect: Becky’s estranged husband Tim Bliefnick.

    Sarah Reilly: I told Bret it was Tim.

    Bret Reilly: Of course, it was Tim.

    Sarah Reilly: I said —

    Erin Moriarty: Right away?

    Bret Reilly: Right away.

    Tim and Becky met when they were students at Quincy University, but it wasn’t until two years after graduating that they began dating.

    Erin Moriarty: And how would you describe Becky back then?

    Tim Bliefnick: Happy, fun. … She was beautiful.

    Becky and Tim Bliefnick
    Becky and Tim Bliefnick met when they were students at Quincy University. They began dating two years after they graduated, and eventually, they got married and started a family.

    Becky Bliefnick/Facebook


    The two eventually moved in together, married, and started a family. Becky quit her job in pharmaceutical sales to become a stay-at-home mom, while Tim continued his successful career in the recycling industry.

    Tim Bliefnick: I thought this was it. You know, I’m gonna be 85 and sitting on a porch in a rocking chair with her talking about how good life was.

    But things didn’t turn out that way.

    Sarah Reilly: She was … very happy with their marriage for probably the first … five years. And then, you know, things started to change. … He got progressively … more manipulative and controlling … He didn’t do any of the work ever at the house.

    Shannon Zanger is Becky’s close friend.

    Shannon Zanger: When she’d come over and we’d talk husbands, as wives do … she felt like she was shouldering most of the load … I thought, man, I really have a partner here and she doesn’t seem to have that partnership.

    Shannon and Sarah say the relationship only became more strained when Becky decided to go back to school to become a nurse.

    Sarah Reilly: He not only did not support her, he did not increase his time with the boys.

    While Tim acknowledges that he wasn’t in favor of Becky taking on a career in nursing, he says it was out of concern for her well-being. He spoke exclusively with “48 Hours.”

    Tim Bliefnick: Because of the stress piece of it …  

    Erin Moriarty: Were you worried you’d have to pick up more of the work with the kids?

    Tim Bliefnick: Not at all. … I’ve always been involved with the kids every day.

    In January 2021, after 11 years of marriage, Tim filed for divorce. Although he wouldn’t discuss the specifics of why he filed, he hinted that it had to do with what he saw as a change in Becky’s personality after she became a nurse.

    Tim Bliefnick: She struggled with patience and stress a lot, especially when it came to the kids, and it — it created some conflict.

    But Sarah Reilly says Tim is just making excuses, and she believes the reason Tim filed for divorce is because he couldn’t control Becky. She says Becky was a loving mother and tried in vain to salvage the marriage.

    Sarah Reilly: She wanted to go to marriage counseling with him and he refused.

    Whatever the reason for the divorce might have been, one thing is certain: things between the two soon turned contentious. According to divorce documents, they fought over just about everything: money, the marital home and custody of the kids.

    Erin Moriarty: I don’t understand why it got so contentious if you were the one who wanted to get out.

    Tim Bliefnick: Yeah, I was the one that wanted to get out and I tried on several occasions. … But … there are details that I’m — I’m not — that are hard to talk about that happened in the divorce.

    In the months after Tim filed for divorce, Becky began voicing concerns about Tim’s behavior. She sent a text to a friend: “He has screamed in my face, he shoved me in front of the kids, and has thrown things across the room…” And she texted another friend, “I truly believe Tim has serious mental health problems and he is becoming more vengeful and unpredictable …” But Tim says it was Becky who was vengeful.

    Tim Bliefnick: She … told people I had an affair … which is untrue. She tried to tell people that I was an alcoholic, which is untrue. … She was telling people these things because (sighs) she was angry about the divorce.

    At one point, Tim sought an order of protection against Becky. He alleged Becky “stalked” and “harassed” him. He also referenced an incident where he said Becky had become “combative” during a disagreement at a parent-teacher night.

    BECKY BLIEFNICK (cellphone video): I’m asking for the letter.

    TIM BLIEFNICK: Stop. I’m asking you to stop harassing me and stop following me.

    BECKY BLIEFNICK: I’m not harassing you. I’m asking you …

    He offered video of the incident as proof.

    TIM BLIEFNICK: I will make a copy for you.

    BECKY BLIEFNICK: I don’t want you to tape me. Don’t tape me.

    TIM BLIEFNICK: Then stop doing this.

    BECKY BLIEFNICK: Don’t tape me. I don’t –

    TIM BLIEFNICK: Then stop doing this.

    BECKY BLIEFNICK: I didn’t ask you to tape me.

    Erin Moriarty: Do you really think she was trying to hurt him in that video?

    Casey Schnack: I don’t think anybody was trying to hurt anybody. I think you have two parents that were having a disagreement … and didn’t know how to deal with it.

    Casey Schnack was one of Tim’s divorce attorneys.

    Erin Moriarty: The judge didn’t grant that order of protection.

    Casey Schnack: Did not grant it. No.

    Days after Tim filed for that order of protection, and more than a year before her death, Becky sent her sister Sarah this text: “If something ever happens to me, please make sure the number one person of interest is Tim…” She would later make similar statements to friends.

    More than a year before Becky Bliefnicks death, she sent her sister this text expressing her fear.”That text was prompted by the murder of one of her colleagues … One of the nurses that she knew… was murdered by her partner,” Sarah Reilly told “48 Hours.”

    Adams County State’s Attorney’s Office


    Sarah Reilly: I said, “What did he do?” … and that, uh, text was prompted by, uh, the murder of one of her, um colleagues … One of the nurses that she knew … was murdered by, um, her partner … That scared her. … She felt like, this could happen, this is real.

    Tim Bliefnick: I never understood where that came from. … We would get into arguments, and sometimes, we would get loud, but … that’s all it amounted to.

    Sarah says she recommended Becky seek help from a domestic abuse organization and, eventually, Becky filed for an order of protection against Tim. In her petition, she alleged that Tim “entered her residence without permission.” She also said that he “repeatedly falsified interactions” between the two. That order of protection was not granted. But a judge did ultimately order Tim and Becky stay away from each other’s residences except when exchanging their kids. And the judge also ordered Tim to return a 9-millimeter handgun that Becky had gifted him when they were together.

    Sarah Reilly: He was into, um, you know, recreational shooting. … she wanted that particular gun back. … Because the gun was in her name.

    But Becky never got it back. And it was a 9-millimeter handgun that was later used to kill her.

    Tim Bliefnick: I have not seen that gun in three years. … I didn’t have it.

    Becky was killed one week before the divorce case was set to go to trial. When Sarah Reilly informed law enforcement of their history, Tim became a person of interest. Authorities kept digging, and days later, they found a bike — with no reflectors on the wheels—just like the one seen on those surveillance videos.

    Erin Moriarty: How close was that bike that you found to Tim’s house?

    Josh Jones: Less than half a block.

    They then executed a search warrant on Tim’s house and car as Tim looked on. And on March 13, 2023, just over two weeks after Becky’s death, Tim Bliefnick was arrested and charged with her murder.

    Tim Bliefnick booking photo
    On March 13, 2023, just over two weeks after Becky Bliefnick’s death, Tim Bliefnick, seen in his booking photo, was arrested and charged with her murder. 

    Adams County Sheriff’s Office


    Tim Bliefnick: I can’t even fathom the idea of considering murdering somebody, like I can’t.

    Tim’s divorce attorney Casey Schnack would become his defense attorney, and she says she’s convinced police got it wrong.

    Casey Schnack: He knew how much those kids meant to her and how much … she meant to them. He wouldn’t do this to them. He wouldn’t.

    REVEALING TEXTS

    When Tim Bliefnick was arrested, it made national news in large part because of an appearance he made alongside his parents and brothers on the game show “Family Feud.”

    STEVE HARVEY | “Family Feud” host: Alright Tim, we talked to 100 married people. What’s the biggest mistake you made at your wedding?

    TIM BLIEFNICK: Honey, I love you but, said “I do.”


    Tim Bliefnick, convicted of killing estranged wife, explains eyebrow-raising “Family Feud” answer

    01:05

    The episode was filmed in 2019, nearly two years before Tim filed for divorce, but because of the charges he now faced, it had people talking. And there was also chatter about Tim’s appearance in his mug shot, although it was no surprise to Becky’s family.

    Sarah Reilly: We had seen through social media … the deterioration of his appearance and that went hand in hand with the deterioration of his mental state over the course of the divorce.

    But Tim says that’s not the case and that he had been growing out his hair for a fundraiser for cancer research.

    Tim Bliefnick: I’m not a violent person. I’m not an angry person. I’ve never been that way.

    Tim’s attorney Casey Schnack was determined to prove his innocence. She says just because Tim and Becky were going through a messy divorce, it doesn’t mean he killed her.

    Casey Schnack: It wasn’t pretty, but the things that they were fighting over were not monumental things.

    Erin Moriarty: You know there were a number of friends—Becky’s friends, who said that she expressed great fear of Tim.

    Casey Schnack: Mm-hmm. Yeah. … That’s a lot of girl talk. … I’ve never seen any pictures of her with bruises, or marks, any allegations of him beating on her … Nothing.

    But Adams County prosecutors Josh Jones and Laura Keck say even though there may not have been physical abuse, there was emotional abuse — evident in Tim’s texts to Becky.

    Erin Moriarty: What do his text messages reveal?

    Laura Keck: So, I would say what they reveal is somebody … who wants power and control. He wants to control the relationship. He wants to control how people perceive him.

    Tim denies that.

    Tim Bliefnick: No. She wasn’t the one that was emotionally abused. … I tried to create space. I tried to stay out of her life.

    And Tim says he has an alibi for the time of the murder. He says he was home with their three kids. They were sleeping over that night because Becky had asked him to keep them an extra night.

    Casey Schnack: She told him that she wasn’t feeling well … And he said, that’s fine… That’s how you want to see two people in a divorcing situation act with kids.

    But Jones and Keck believe Tim saw an opportunity.

    Josh Jones: She showed weakness to a predator. … And that’s what predators do, when they see a weakness, they attack.

    And they also say that explains the intruder’s point of entry: an upstairs window in one of the kids’ bedrooms.

    Josh Jones: If you’re a random intruder … why do you go to the second-floor window? … You go past not just one window, but … three windows that are possible entrance points. … And you just happen to get lucky that it’s a little boy’s room that’s not there that night.

    But Schnack points to what she says is a lack of physical evidence tying Tim to the crime. No murder weapon or bloody clothing was found, and while police did seize pairs of Tim’s shoes, they weren’t able to match them to that partial shoeprint found at the scene.

    Casey Schnack: They took every single pair of athletic shoes that they thought would be a match. They didn’t find any that — that were a suitable match.

    Schnack also points out that Tim’s DNA wasn’t found on that patio chair that investigators believe was used by the killer to climb onto Becky’s roof.

    Casey Schnack: Nothing on that was connected to Tim. … They took every pair of gloves from Tim’s car, house and — and — that they could find and none of those gloves had any — anything that linked him to this crime.

    But if Tim didn’t kill Becky, who did?

    Tim Bliefnick: If I knew that answer, I would’ve given that name or whoever it was a long time ago. 

    bliefnick-bikeriding-inset.png
    Authorities could not tell who was in the surveillance videos because the quality was so poor. The only detail they gathered was a person riding a bike without reflectors on the wheels.

    Adams County State’s Attorney’s Office/CBS


    Tim’s attorney says that she believes investigators should have given more weight to the idea that it could have been a random prowler who killed Becky in a break-in gone wrong. Remember, police found those videos of a person on a bike and a person walking down Becky’s neighbor’s driveway. Tim insists it’s not him in those videos.

    Casey Schnack: You cannot say with any degree of certainty who that person is on any of those videos … All you see is a bike without reflectors.

    And even though a bike with no reflectors on the wheels was found less than half a block from Tim’s house, Schnack says that doesn’t mean anything.

    Casey Schnack: His DNA was not found on that bike. … And we don’t even know that the bike that was found … is the same bike that was in the video.

    But prosecutors Jones and Keck say they did find evidence tying Tim to that bike.

    Josh Jones: We were able to download information off his phone, and we found that Mr. Bliefnick had a, what I’ll call burner or fake Facebook account, for the name “John Smith.”

    And they say that “John Smith” Facebook account appeared to have been looking at this bike for sale: a blue Schwinn with no reflectors on the wheels— just like that bike that was found.

    Casey Schnack: I mean, I have a fake Facebook account. … I’m not proud of it, but people do it.

    Erin Moriarty: Isn’t it a bit of a problem though that on his phone, he gets an alert for that blue bike?

    Casey Schnack: Sure. … Are there similarities? Sure, but … that’s not the only abandoned bike that’s been found around town.

    Jones and Keck say they’re confident they got the right guy.

    Josh Jones: The detectives followed the evidence exactly where it took them. And there was one inescapable conclusion, that it was Mr. Bliefnick.

    But despite their confidence, they soon faced quite a challenge. When Tim was arrested, he was ordered held without bond. He had a right to a speedy trial, which he took — meaning prosecutors would be required to try the case within 90 days of Tim’s arrest.

    Josh Jones: We were gonna be ready come hell or high water.

    But did they have enough to prove their case beyond a reasonable doubt?

    Laura Keck: Juries expect a confession. They expect that DNA evidence that says one in 500 million … We’re gonna have to show them that’s not what we have here.

    THE CASE AGAINST TIM BLIEFNICK

    On May 23, 2023, exactly three months after Becky Bliefnick was gunned down in her home, Tim Bliefnick went on trial for her murder.

    JOSH JONES (trial opening statements): The defendant looked down at Becky and he pointed a gun at her. And he pulled the trigger.

    Bliefnick evidence
    These small shreds of plastic were found around Becky Bliefnick’s body. “We thought it was unusual when we saw that,” Adams County State’s Attorney Josh Jones told “48 Hours.” When the pieces were examined further, investigators determined that they were remnants of an ALDI grocery store bag. 

    Adams County State’s Attorney’s Office


    Prosecutors Josh Jones and Laura Keck began by methodically laying out the evidence they say points directly to Tim, starting with those odd pieces of plastic that were found around Becky’s body. They say investigators determined that they were shreds from an ALDI grocery store bag.

    Josh Jones: And then in the defendant’s house, we found stacks of ALDI bags. He had fired through an ALDI bag, either in an attempt to muffle the sound or to catch his shell casings.

    And prosecutors say that in the process, DNA was left behind on a piece of that plastic. An expert testified that it was more likely than not that Tim was a contributor. And Tim also couldn’t be excluded from DNA that was found under Becky’s fingernails.

    Josh Jones: That was three times more likely to have come from the defendant or a male relative from the lineage of the defendant.

    CASEY SCHNACK (trial opening statements): And this case, is dripping with reasonable doubt.

    But defense attorney Casey Schnack says that evidence is far from definitive.

    Casey Schnack: Everybody in town has ALDI bags that they’re hoarding. … They could have came from Becky’s house.

    Erin Moriarty: With DNA from him?

    Casey Schnack: Well, because they transferred stuff back and forth for the boys in ALDI bags.

    Erin Moriarty: There was DNA found under Becky’s fingernails.

    Casey Schnack: Yeah … And it was just as likely to be Tim’s as any one of the boys.

    Prosecutors also told the jury that police found a crowbar in Tim’s basement. And they called an expert to the stand who testified that she compared it to tool marks left on the window that was pried open at Becky’s. While there were microscopic consistencies, she couldn’t say with scientific certainty that that crowbar made those marks.

    Casey Schnack: The expert said that that was inconclusive. … Inconclusive leaves a jury guessing and speculating, which they are not allowed to do.

    The jury heard about the couple’s acrimonious divorce and from Becky’s sister—and several friends— who testified about those fears Becky had raised about Tim. Several of them acknowledged that they regretfully didn’t take steps to help her.

    Sarah Reilly: “How could Tim do that? I’ve known Tim forever.” … When she reached out to people, that’s what they said.

    Bret Reilly: In hindsight, of course, we should have done more. … There’s only one person that believed it was true and that was Becky herself.

    And the prosecution argued that the timing of the murder is significant. Remember, Becky was killed one week before the couple’s divorce case was set to go to trial. And prosecutors told the jury, there was something even bigger than money and custody that was going to come into play.

    JOSH JONES (trial opening statements): Becky didn’t want their three children to be around the defendant’s father unsupervised.

    They didn’t tell the jury why, but “48 Hours” uncovered court documents that reveal Becky had gathered witnesses who she said planned to testify about Tim’s father, Ray Bliefnick, and would allege that he had a “history of perversion and abusing minor children” many years earlier.

    The alleged victims were not Becky and Tim’s children. Becky sought an order of protection against Ray, but a judge denied her request.  In a letter, Ray’s lawyer wrote that Ray “vehemently denies the claims” and that he has “never been charged with any criminal offense” stemming from the allegations.

    Tim Bliefnick
    In January 2021, after 11 years of marriage, Tim Bliefnick filed for divorce from Becky and things quickly turned ugly between the two of them. Divorce documents revealed that the couple argued over almost everything, including money, their marital home and custody of their kids.

    Tim Bliefnick


    Josh Jones: Information was going to come out that he didn’t want to come out. … and he started to feel like he was losing control.

    The prosecution pointed out that on the day of Becky’s murder, hours before anyone except her killer knew that she was dead, Tim brought a kids’ basketball hoop to his father’s house.

    Josh Jones: He’s doing that because he knows Becky’s not gonna be a problem anymore. Becky didn’t want those boys around Ray. And in Tim’s mind, that problem was solved because Becky was dead.

    Casey Schnack: I really don’t buy that. I—

    Erin Moriarty: Why not?

    Casey Schnack: Because the boys weren’t restricted from seeing Ray to begin with. … They just couldn’t see him without supervision.

    And Schnack says those allegations were old news.

    Casey Schnack: All of those allegations were in pleadings that … her attorneys had filed and at that point were already a matter of public record. … It doesn’t make sense that he would throw his life away over a divorce and keeping information out of the public eye that quite frankly was already out.

    But the prosecution wasn’t done. The jury was also shown numerous damaging searches found on Tim’s phone like, “How to open my door with a crowbar,” “How to make a homemade pistol silencer,” and “How to clean gunpowder off your hands.”

    Laura Keck: It was mind-boggling.

    Josh Jones: It was mind-boggling, yeah.

    And remember that person caught on camera in Becky’s neighbor’s driveway on Valentine’s Day, about a week before the murder? Well, prosecutors say that right after that sighting, Tim made more than 200 searches online for a specific license plate and a car VIN number. It turns out that that license plate and VIN number belonged to a man whom Becky was dating, and his truck was parked in Becky’s driveway at the time.

    Laura Keck: And for somebody with power and control issues, you realize that your prior significant other is now in a relationship with somebody, that they’re spending the night on Valentine’s Day. And then the minute you get back to your home at 1:10 in the morning, you’re searching their license plate number and their VIN number, that’s somebody who’s lost control.

    Tim insists he had learned about Becky’s new relationship months earlier.

    Tim Bliefnick: I actually didn’t care.

    Erin Moriarty: It sounds like you were kind of obsessed ’cause —

    Tim Bliefnick: No.

    He declined to go into more detail about specific trial evidence, citing legal proceedings, but his lawyer spoke for him.

    Casey Schnack: I mean, if I’m gonna be checking out my husband’s new girlfriend, I’m gonna be doing it late at night after my kids are asleep.

    Erin Moriarty: So, it’s just a coincidence that the night you see that prowler … at the next door neighbor’s driveway —

    Casey Schnack: Mm-hmm.

    Erin Moriarty: — and his truck is there, it’s just a coincidence that just minutes later, Tim is doing research on the VIN number and the license tag.

    Casey Schnack: That’s not Tim in that video.

    Erin Moriarty: What about the searches that were found on Tim’s phone?

    Casey Schnack: There’s no date or time as to when those searches were done. So, we don’t know if they were done before the murder, and we don’t know if they were done after the murder.

    Bliefnick evidence
    The prosecution also presented these spent shell casings which were found in Tim Bliefnick’s home. An expert testified that she compared them to the shell casings found at the crime scene and determined that 27 of them had been fired from the exact same gun used in the murder.

    Adams County State’s Attorney’s Office


    Before they rested the case, prosecutors dropped one more piece of evidence: spent shell casings that were found in Tim’s home. An expert testified that she compared them to the shell casings found at the crime scene and determined that 27 of them had been fired from the exact same gun used in the murder.

    Josh Jones: Each firearm leaves its own fingerprint on every shell casing that it fires. … It was the same gun that killed Becky Bliefnick that fired these shell casings that were found in Tim Bliefnick’s residence.

    Casey Schnack: That’s the expert’s opinion … At the end of the day, it’s subject to human error like anything else.

    But when it was the defense’s turn to call witnesses, it chose to call none.

    Erin Moriarty: You could have brought in your own expert to say those did not match.

    Casey Schnack: Hmm, I guess we could have, but we were strapped on time and funds.

    Erin Moriarty: You’ve got a man’s life on the line.

    Casey Schnack: Mm-hmm. And he didn’t want us to do that.

    It was a risky move, but one that may have paid off for the defense, because when the jury began deliberating, they took a vote—and there was a holdout.

    Casey Schnack: Sometimes you just need one.

    A VERDICT

    When the jury began deliberating after a six-day trial, Tim Bliefnick was on edge.

    Tim Bliefnick: it was miserable, because I was essentially waiting for them to decide my fate.

    Inside that jury room, one juror was undecided.

    Laura Keck: Our stomachs were in knots. We were beyond stressed.

    But four hours later, a verdict.

    Sarah Reilly: When they passed the paper from the jury box to the clerk … that was … very difficult to know that there’s a possibility that he could get away with it.

    JUDGE ROBERT ADRIAN: Would the clerk read the verdicts, please?

    CLERK: We the jury find the defendant Timothy Bliefnick guilty of first-degree murder.

    Guilty.

    Laura Keck: It was a sense of relief that they had found him guilty, but it was also a sense of these three little boys have now lost both parents … it’s not a celebration. 

    Bliefnick evidence
    “Did you kill your wife, Becky?” “48 Hours” correspondent Erin Moriarty asked Bliefnick, pictured with his attorney Casey Schnack.”No, I did not murder Becky,” Bliefnick replied. “The idea of-of murdering someone, let alone the mother of my kids … is not any part of who I am.” 

    Adams County State’s Attorney’s Office


    When we sat down with Tim Bliefnick, it was just over a month after his conviction. He was still awaiting sentencing.

    Erin Moriarty: Did you ever imagine you would be here?

    Tim Bliefnick: No, no, never. … At times, it’s felt like I’m watching somebody else’s life from the outside. Like it, it can’t be me. … But the only thing I can do right now is what we are doing … filing an appeal. I have to — I have to believe in that process ’cause if not (emotional) —

    Erin Moriarty: Tell me what you’re thinking right now.

    Tim Bliefnick: My kids. … I just want them to know that I love them, and I miss them … I’m innocent. I didn’t kill Becky.

    But Becky’s sister says Tim is right where he belongs.

    Sarah Reilly: He called my dad to set him up to find her. … That alone shows how cruel he really is. … As agonizing as our pain is …  I want him to understand that his worst crime was against his children.

    And that’s the message Sarah delivered directly to Tim during her victim impact statement right before he was sentenced on Aug. 11, 2023.

    Sarah Reilly: Your children’s future will be forever impacted by your crime. They’re already suffering. … Maybe you should have Googled “childhood PTSD” in between your internet searches for homemade silencers and VIN numbers.

    Judge Robert Adrian had the option of sentencing Tim to anywhere between 45 years to life.

    JUDGE ROBERT ADRIAN: Mr. Bliefnick, you researched this murder, you planned this murder … You broke into her house, and you shot her: one, two, three, four, five, six, seven, eight, nine, 10, 11, 12, 13, 14 times (raised voice). The court believes that the appropriate sentence … would be natural life in prison.

    Life in prison without the possibility of parole. Prosecutors Jones and Keck say the punishment fits the crime, but even they don’t consider it justice.

    Josh Jones: If I had a magic wand, I would bring Becky back to life … Tim can spend the rest of his life out of prison. That would be justice. … But I can’t. … what we can do is we can hold her killer accountable and that’s all we can do.

    Now, Becky’s family is left to focus on all they have left of her… memories…  and the loves of her life… her three boys, who are now living with her parents.

    Sarah Reilly: We will all work together to make sure those boys have the life they deserved. … And we started a GoFundMe to support the boys.

    Becky Bliefnick
    “She thought of everybody that was in her life as somebody important,” Becky’s older sister Sarah Reilly told “48 Hours.” “The kids were her world.” 

    Sarah Reilly


    And Becky’s family and friends hope that Becky’s mission in life will now become her legacy.

    Sarah Reilly: Becky would have wanted positive change to happen. She would want somebody else’s life to be saved. … If we can learn anything, if somebody reaches out to you and says that — that they’re scared, that they believe that their partner … or whoever it is, is capable of violence, you need to believe them and make an active effort to make sure they’re safe.

    Tim Bliefnick has not been allowed any contact with his kids since his arrest.


    Produced by Stephanie Slifer and Gabriella Demirdjian. Elena DiFiore and Marc Goldbaum are the development producers. Ken Blum, George Baluzy and Jason Schmidt are the editors. Lourdes Aguiar is the senior producer. Nancy Kramer is the executive story editor. Judy Tygard is the executive producer.  

    [ad_2]

    Source link

  • The Game Show and the Murder

    The Game Show and the Murder

    [ad_1]

    The Game Show and the Murder – CBS News


    Watch CBS News



    When Becky Bliefnick was murdered, an answer her husband gave on “Family Feud” years earlier raised eyebrows.”48 Hours” correspondent Erin Moriarty reports.

    Be the first to know

    Get browser notifications for breaking news, live events, and exclusive reporting.


    [ad_2]

    Source link

  • Long Island serial killings: A timeline of the investigation

    Long Island serial killings: A timeline of the investigation

    [ad_1]

    What began as a search for one missing woman led to multiple bodies and the capture of a man police say is a serial killer. 

    May 1, 2010: Shannan Gilbert disappears

    Shannan Gilbert
    Shannan Gilbert

    GilgoNews.com


    Shannan Gilbert, 23, was working as an escort. In the early morning hours of May 1, 2010, Gilbert made a frantic phone call to 911. She had been at a client’s home on Long Island, and said she believed someone was after her. She took off running and told the 911 operator there were people trying to kill her. Then, Gilbert vanished.

    Police would do an exhaustive search for Gilbert. Months passed without a sign of the missing woman and then, in December 2010, near Gilgo Beach, a police officer and his K-9, Blue, found human remains. But it wasn’t Gilbert. Instead, they found the bodies of four women.

    December 2010: The Gilgo Four

    Gilgo Four
    The Gilgo Four. From left, Maureen Brainard-Barnes, Amber Costello, Megan Waterman and Melissa Barthelemy.

    CBS News


    Police found the bodies of four women near Gilgo Beach on New York’s Long Island.  The women became known as the Gilgo Four and were identified as Maureen Brainard-Barnes, Amber Costello, Megan Waterman and Melissa Barthelemy. Police say all of the women were petite and three of them were wrapped in burlap.  Police began their hunt to find a serial killer.

    The killer had a type

    Dominick Varrone
    Dominick Varrone was chief of detectives at the Suffolk County Police Department,

    WCBS


    Dominick Varrone, who was Suffolk County chief of detectives at the time, said there were striking similarities among the Gilgo Four. “Very petite. 5 foot or under, 100 pounds,” Varrone said. The women were also all in their 20s and were all working as online escorts.

    July 6, 2007: Maureen Brainard-Barnes’ final weekend

    Maureen Brainard-Barnes
    Maureen Brainard-Barnes, 25, was the first of the Gilgo Four to disappear. She had been working as an escort in New York City when she vanished in July 2007.

    Melissa Cann


    Maureen Brainard-Barnes is often referred to as the first of the Gilgo Four. She went missing in July 2007.  Brainard-Barnes was a single mother of two living in Norwich, Connecticut. She had begun working as an escort, posting ads on Craigslist and other websites to meet clients. On July 6, 2007, her cellphone was contacted by a burner cellphone — a prepaid phone that anyone can buy and use anonymously. Between July 6 and July 9, there were 16 interactions between the caller using a burner phone and Brainard-Barnes’ cellphone. 

    July 8, 2007: Missy Cann’s last call with her sister

    Melissa Cann
    Melissa Cann says her sister Maureen’s death is always in the back of her mind. “It’s really really hard … I miss her so much.” 

    CBS News


    Maureen Brainard-Barnes’ sister, Missy Cann, received a call from Maureen late at night from Penn Station in midtown Manhattan. In an interview in 2020, Cann told “48 Hours” Maureen said she was going to take the train at midnight. Cann never saw or heard from Maureen again.

    July 2009: The disappearance of Melissa Barthelemy

    Melissa Barthelemy
    Melissa Barthelemy

    Barhelemy family


    Melissa Barthelemy, 24, moved from Buffalo, New York, to New York City to work as a hairdresser. At some point, she also began working as an escort. In July 2009, nearly two years to the day that Brainard-Barnes went missing,  Barthelemy disappeared.

    July 17, 2009: Taunting phone calls begin

    lisk-amanda.jpg
    Melissa’s younger sister Amanda. (“48 Hours” agreed not to show her face.)

    CBS News


    In the weeks following Barthelemy’s disappearance, police say her then 15-year-old sister, Amanda, received a series of phone calls from a man calling from Melissa’s cellphone. The first of these calls came on July 17, 2009 at approximately 12:40 p.m.  A number of calls followed in the coming weeks. In one, the caller told Amanda he had killed Melissa.

    June 5, 2010: Megan Waterman

    Megan Waterman
    Megan Waterman, 22, was the youngest of the four victims whose bodies were discovered near Gilgo Beach. Megan was last seen on June 6, 2010, leaving a Holiday Inn Express in Hauppauge, N.Y. 

    Handout


    Megan Waterman, 22, a mother from Scarborough, Maine, was also working as an escort. On June 5, 2010, she was contacted by a burner phone which had just been activated that same day.

    June 6, 2010: Megan Waterman vanishes

    megan-waterman.jpg
    Suffolk County Police Commissioner Rodney Harrison released video never seen by the public of a lobby of the Holiday Inn Express in Hauppauge on June 4 and 6 in 2010. Seen in a yellow top is Megan Waterman in her final hours.

    Suffolk County Police


    At 1:31 a.m., Waterman’s phone was again contacted by the same burner phone as the day before. Security video showed Waterman leaving a Holiday Inn Express in Hauppauge, Long Island, around the same time. This was the last time she was seen alive.

    “I can’t bring her back”

    Lily and Megan Waterman
    Lily Waterman tells “48 Hours” that if she could talk to her mom, she would tell her how much she loves her. “I never got to really say those words.”

    Elizabeth Meserve


    Liliana Waterman was just 3 years old when her mother disappeared. In her first television interview in 2020, Liliana (pictured with Megan Waterman) told “48 Hours” that if she could talk to her mom, she would tell her how much she loves her. “I never got to really say those words,” Liliana told correspondent Erin Moriarty. She said she misses her mom every day.

    Sept. 2, 2010: Amber Costello disappears

    Amber Costello
    Amber Costello, 27, disappeared in September 2010, after she left her home on Long Island to meet a client. In 2011, her roommate Dave Schaller told “48 Hours,” “she was an amazing person, she really was.”

    Handout


    Amber Costello, a 27-year-old escort living on Long Island, was contacted by someone using a burner phone. The next day, she left her house to meet a client and never returned.

    After Costello’s disappearance, police say her roommate Dave Schaller told them about her clients. He described one of them as looking like an “ogre” and having “a first-generation Chevrolet Avalanche.” On the night she went missing, Schaller says, a client offered Cistello $1,500 for the night – six times her hourly rate.

    In 2011, Schaller spoke to Moriarty. “This guy was so relentless,” Schaller said. “He called several times. He was on the phone with her for quite a while each time.” He says the client got Costello, an experienced escort, to do something she never did: leave home without her purse or cellphone and meet him in his car. At nearly midnight, Schaller says Costello left the house, walked down the street, and he never saw her again.

    Dec. 16, 2010: Still no Shannan

    Gilgo beach search

    Spencer Platt/Getty Images


    Throughout the spring of 2011, investigators continued a wide-ranging search for Shannan Gilbert.

    May 2011: Six more sets of remains discovered

    Suffolk County map of serial killer's victims
    By May 2011, police had discovered six more sets of remains in the area, bringing the total to 10 sets of remains — including the Gilgo Four. Investigators were not sure the same killer was responsible for all the murders.  

    Suffolk County Police Department


    By May 2011, police had discovered six more sets of remains in the area, bringing the total to 10 — including the Gilgo Four. Investigators were not sure the same killer was responsible for all the murders.  

    • Victim No. 5, Jessica Taylor, is an escort who went missing in 2003. 
    • Another set of remains police called “Jane #6” has now been identified as Valerie Mack, who also worked as an escort and went missing in 2000.
    • Number 7, to investigators’ surprise they found a toddler girl. 
    • Number 8 was an Asian male dressed in women’s clothing. 
    • Number 9 was a female skull belonging to Karen Vergata, an escort who disappeared in 1996.
    • Number 10, female remains, from a victim cops nicknamed “Peaches” because of a tattoo on her torso.  Although her remains were found 6 miles away, police say DNA has confirmed that “Peaches” is the mother of that toddler. 

    Dec. 13, 2011: Shannan Gilbert is found

    In December 2011, a year-and-a-half after she went missing, police found Shannan Gilbert’s belongings. Her purse, cellphone, shoes and even her jeans were found in the marsh eight miles from Gilgo Beach. A week later, her skeletal remains were found about a quarter mile from her belongings.  Investigators are not convinced Shannan was murdered and theorize that she may have died of hypothermia or possible drowning.   

    Alex Diaz


    In December 2011, a year-and-a-half after she went missing, and a year after the Gilgo Four were found, investigators found  Gilbert’s remains. But they don’t believe she was murdered.

    Years later, the Suffolk County Police Department released the full audio of Shannan’s 21-minute 911 call on May 1, 2010, the morning she disappeared. Police Commissioner Rodney Harrison said in an interview with Erin Moriarty, Gilberts’s death was likely not a murder. “It’s an unfortunate incident, but right now we believe that she just ran into the marsh and unfortunately drowned,” Harrison said.

    February 2022: A fresh look at the case

    Gilgo Beach Serial Killings
    Suffolk County District Attorney Ray Tierney exits after a court appearance by Rex Heuermann, Tuesday, Aug. 1, 2023, in Riverhead, N.Y.

    AP/John Minchillo


    For nearly a decade after the discovery of the Gilgo Four, the investigation stalled. Until, in February 2022, a new task force was formed by Suffolk County Police Commissioner Rodney Harrison and Suffolk County District Attorney Ray Tierney. In an interview withMoriarty, DA Tierney said, “… a mere six weeks later … Rex Heuermann was identified for the first time.”

    A tip from the past

    Dave Schaller
    After Amber Costello disappeared in 2010, police say her roommate Dave Schaller told them about her clients. He described one of them as looking like an “ogre” and having “a first-generation Chevrolet Avalanche.”

    CBS News


    How did investigators get a suspect in six weeks? It turns out that in the original case files were a number of critical clues that the new task force was finally able to connect. Costello’s roommate Dave Schaller had previously described one of Costello’s clients and the type of vehicle he drove to investigators. The vehicle was a first-generation Chevrolet Avalanche.

    With a description of an”ogre-like” man, and the make and model of his truck, police took a closer look at Costello’s phone records from 2010. Schaller had told them that before Costello disappeared, there was one client that called her incessantly.

    The burner phone clue

    Police back then knew the client was using a burner phone. And they knew that the Brainard-Barnes, Barthelemy, Costello and Waterman  had all been in contact with burner numbers right before they disappeared.

    In 2012, with the help of the FBI, police determined that most of those calls connected to cell towers inside a small area of Massapequa Park, Long Island. They called this area “the box.” According to DA Tierney, “the box” consisted of a couple of blocks within Massapequa Park.

    A suspect in sight

    lisk-heuermann-burner.jpg
    Rex Heuermann was observed by law enforcement at a cellphone store in Midtown Manhattan on May 19, 2023.

    Suffolk County District Attorney


    Armed with their small radius of “the box” and the description of an “ogre-like” man that drove a Chevrolet Avalanche, the task force now had a prime suspect. Police identified an architect named Rex Heuermann as the man they believed may have been responsible for the murders.

    And when they looked at Heuermann’s personal cellphone records, they say that his phone was in the same area as those burner phones when they were used to contact victims. They also say that when the burner phones contacted victims, they were often in Massapequa Park, where Heuermann lived, or midtown Manhattan, where his architectural firm was located. In 2023, they noticed Heuermann going into a phone store to make a payment on a burner phone. 

    A DNA hit

    Rex Heuermann pizza box evidence
    Detectives tailing Rex Heuermann recovered his DNA from pizza crust in a box that he discarded in a Manhattan trash can.

    Suffolk County D.A.


    Police began to tail Heuermann. When he threw out a pizza box into a trash can in midtown Manhattan, investigators found that Heuermann’s DNA on the pizza crust was consistent with a DNA profile found on a male hair discovered with Megan Waterman’s body. With DNA evidence, along with the cellphone records linking Heuermann to the burner phones, officers made an arrest.

    July 14, 2023: A suspect in custody

    Rex Heuermann
    Suspect Rex Heuermann leaving the Suffolk County Police 7th Precinct in connection with the Gilgo Beach murders on his way to court on July 14, 2023. 

    Splash by Shutterstock


    Rex Heuermann, of Massapequa Park, Long Island,  was charged with multiple counts of murder in the deaths of Melissa Barthelemy, Megan Waterman and Amber Costello. Heuermann is currently the prime suspect for the murder of Maureen Brainard-Barnes, but he has not been charged with her death.

    When asked about Heuermann’s innocence at a press conference, Heuerman’s attorney Michael Brown said, “What has my client told me? He told me he didn’t do this.” 

    Digging for evidence

    Excavator at Heuermann home
    An excavator is seen at the home of Rex Heuermann.. According to law enforcement sources, investigators are looking into whether any victims may have been killed at the house.

    CBS New York


    Police spent 12 days looking through Heuermann’s house, pulling guns out of the basement, and digging in the backyard. Another important piece of evidence taken into possession was a first-generation Chevrolet Avalanche registered to Heuermann at the time of the murders. It was sitting on property he owns in South Carolina when they recovered it.

    An opportunity to kill? 

    A married man, Heuermann has a daughter and stepson with his second wife, Asa Ellerup. Ellerup, who was born in Iceland, would take the children to see her family there in the summers. It was during these trips and others, police believe, that Heuermann killed the women.

    Heuermann pleaded not guilty

    Rex Heuermann booking photo
    Rex Heuermann is seen in a booking image from the Suffolk County Sheriff’s Office. 

    Suffolk County Sheriff’s Office/AP


    Heuermann was arraigned in Suffolk County Court in Riverhead, New York. He pleaded not guilty to the murders of Melissa Barthelemy, Megan Waterman and Amber Costello. The judge ordered that he be held without bail in a Suffolk County jail where he is currently awaiting trial.

    Remembering Amber, Melissa and Megan

    From left, Amber Costello, Megan Waterman and Melissa Barthelemy
    From left, Amber Costello, Megan Waterman and Melissa Barthelemy

    CBS News


    Investigators hope that the arrest can give victims’ families a sense of peace. Police Commissioner Harrison told Erin Moriarty, “He took away somebody’s mother, somebody’s daughter, somebody’s sister, not just one person, multiple individuals.” 

    Other investigations?

    Investigations spread to South Carolina and Las Vegas where Heuermann owns property, with detectives there taking a fresh look at cases of missing women. Heuermann has not been charged in any additional investigations.

    As for the other bodies found near Gilgo Beach – Jessica Taylor, Valerie Mack, Karen Vergata, “Peaches”, the toddler girl, and the Asian male – none of them have been linked to Heuermann. 

    [ad_2]

    Source link

  • Co-worker: Rex Heuermann once unnerved her by tracking her down on a cruise:

    Co-worker: Rex Heuermann once unnerved her by tracking her down on a cruise:

    [ad_1]

    Not far from a quiet stretch of Gilgo Beach on Long Island, New York, investigators uncovered the hidden remains of four young women. The mystery of who they were and how they got here might have stayed a secret if not for a woman named Shannan Gilbert.

    FINDING THE GILGO FOUR

    In the early morning hours of May 1, 2010, 23-year-old Shannan Gilbert, working as an escort, called 911.

    911 OPERATOR: State Police.

    SHANNAN GILBERT: Yeah, there’s somebody after me.

    The call came from a neighborhood not far from Gilgo Beach.

    SHANNAN GILBERT (to 911): These people are trying to kill me. 

    Shannan Gilbert
    Shannan Gilbert 

    GilgoNews.com


    Shannan starts running, knocking on doors.

    911 OPERATOR: Where are you, Shannan?

    She screams. And then, nothing. Shannan was gone.

    911 OPERATOR: Hello? Hello?

    Dominick Varrone: K-9 … searched the area … exhaustively for Shannan Gilbert.

    Dominick Varrone was chief of detectives at the Suffolk County Police Department. Months passed without a sign of the missing woman. Then, in December 2010 near Gilgo Beach, a police officer and his K-9 named Blue found human remains.

    Dominick Varrone:  Everyone assumed it was Shannan Gilbert.

    But it wasn’t Shannan. Stunned searchers would go on to discover the remains of four other women. The women were identified as Maureen Brainard-Barnes, Melissa Barthelemy, Megan Waterman and Amber Costello. Like Shannan, all were in their 20s. All were online escorts. All petite. Three of the four were wrapped in burlap — the kind you can find in hunting stores. They became known as the Gilgo Four.

    Missy Cann: It’s really, really hard. …’Cause I miss her so much.

    “48 Hours” has reported on this case since 2010. Over the years, we’ve secured exclusive interviews with the family and friends of the Gilgo Four. Missy Cann will never forget the wintry day when she got the devastating news.

    Missy Cann: The detectives came to my house and just said that Maureen has been positively identified as one of the victims on Ocean Parkway.

    Maureen Brainard-Barnes
    Maureen Brainard-Barnes, 25, was the first of the Gilgo Four to disappear. She had been working as an escort in New York City when she vanished in July 2007.

    Melissa Cann


    Her sister, Maureen Brainard-Barnes, a mother of two, was the first to disappear, on July 9, 2007.

    Missy Cann: She was very smart and very creative.

    Erin Moriarty: She liked being a mom? 

    Missy Cann: She loved being a mom.

    But life as a single mom living in Norwich, Connecticut, was difficult. Cann didn’t know it, but Maureen had turned to escort work, and that July went to New York City for a weekend to make money. On her way home, she called Missy from Penn Station in midtown Manhattan.

    Missy Cann: I could hear the commotion … from the train station. … From the time that she called me, it was poof. She was gone.

    She reported Maureen missing. Eventually, officers would tell Cann that after her sister’s disappearance, someone had used Maureen’s cell phone to make a call from Long Island. It wasn’t known then, but those two locations – Long Island and midtown Manhattan – would become important clues in the hunt for a serial killer.

    Nearly two years to the day that Maureen vanished, 24-year-old Melissa Barthelemy went missing in July 2009 – also from midtown Manhattan. Lynn Barthelemy is Melissa’s mother.

    Melissa Barthelemy
    Melissa Barthelemy, 24, went missing in July 2009. In the weeks following her disappearance, her 15-year-old sister was terrorized by a series of frightening phone calls made by a man calling from Melissa’s cell phone. Police believe the man who made these phone calls is, in fact, Melissa’s killer.

    Barhelemy family


    Erin Moriarty: How often do you think about Melissa? 

    Lynn Barthelemy: Every single minute of the day. … And It just didn’t happen to the girls. I mean it destroyed all of our families.

    Melissa moved from Buffalo to New York City to work as a hairdresser. At some point, she also began working as an escort and then disappeared. About a week after she went missing, Melissa’s then-15-year-old sister, Amanda, started getting calls from Melissa’s phone.

    Steven Cohen: And she answers, you know, “Melissa, where have you been?” … And this voice is saying, “Oh, this isn’t Melissa.”

    Steven Cohen was the family’s lawyer at the time. 

    Steven Cohen: He … was taunting Amanda … and he said, “Do you know what I did to your sister?” …  “I killed Melissa.”

    Lynn Barthelemy: All I can say is he’s sick. And he’s going to make a mistake. And we’re going to catch him. 

    Those calls from Melissa’s own phone may very well have been that mistake. When police traced them, the calls placed the person they believed to be Melissa’s killer in midtown Manhattan.

    Megan Waterman
    Megan Waterman, 22, was the youngest of the four victims whose bodies were discovered near Gilgo Beach. Megan was last seen on June 6, 2010, leaving a Holiday Inn Express in Hauppauge, N.Y. 

    Handout


    The following year, Megan Waterman, the mother of a 3-year-old girl, disappeared from a hotel on Long Island.

    Liliana Waterman: Part of you is, like, missing. It’s just, like, something’s always off.

    “48 Hours” spoke with Megan’s daughter, Liliana, in 2020.

    Liliana Waterman: I would do anything to bring her back, but I can’t and it just, like, frustrates me so bad.

    Megan’s family says the 22-year-old was a creative, but troubled, young woman who loved fashion and was devoted to her daughter. 

    Erin Moriarty: What would you say to your mom if you could? 

    Liliana Waterman: I would just want to tell her that, like, I love her. … I just want her to know, like, she has a special place in my heart, no one can ever replace her.

    Like the other two women, Megan disappeared in the summer. On June 6, 2010, she was working as an escort on Long Island.

    Liliana Waterman: No matter what her job was … she was a person … and … she needs justice.

    Haunting video from a Holiday Inn Express is the last time she was seen alive — moments before she went to meet a client. Cellphone records later placed her phone in a Long Island neighborhood called Massapequa Park.

    Amber Costello
    Amber Costello, 27, disappeared in September 2010, after she left her home on Long Island to meet a client. In 2011, her roommate Dave Schaller told “48 Hours,” “she was an amazing person, she really was.”

    Handout


    Amber Costello was the last of the Gilgo Four to disappear. She lived seven-and-a-half miles from Massapequa Park.

    Dave Schaller: She used to say she was 4’11”, but she wasn’t. She was like 4’9″, you know. I mean, she was small.

    Amber’s friend and former roommate, Dave Schaller, spoke with “48 Hours” in 2011.

    Dave Schaller: She was an amazing person, she really was.

    He says Amber was addicted to drugs and used sex work to support her habit.

    Dave Schaller: But as amazing as she was, was as tormented as she was.

    After Amber disappeared, police say Schaller told them about her clients. He described one of them as looking like an “ogre” and having “a first-generation Chevrolet Avalanche.” On the night she went missing, Schaller says, a client offered Amber $1,500 for the night – six times her hourly rate.

    Dave Schaller: This guy was so relentless. … He called several times. He was on the phone with her for quite a while each time. 

    He says the client got Amber, an experienced escort, to do something she never did: leave without her purse or cellphone and meet him in his car.

    Dave Schaller: I walked out the front door with her. She – she gave me a hug. … She’s like, “I love ya.” And she left.

    It was nearly midnight. Schaller says that when Amber left their house, she walked down the street and he never saw her again.

    Schaller told “48 Hours” that he didn’t see the client’s face that night but suspects he had seen him before.

    Erin Moriarty: So, this is a guy you might have seen? 

    Dave Schaller: Yeah, this is somebody that I seen. … I might be the — one of the only people who knows who he is.

    It would be more than a decade before Schaller’s description would lead to a break in the case — and a prime suspect.

    WHO IS REX HEUERMANN?

    Muriel Henriquez: My co-worker called me and … she said, “Did you hear what happened to Rex?” And I’m like, “no.”

    NEWS REPORT: A New York City architect charged with murder.

    Muriel Henriquez: She says, “It’s Rex.” I said, “No way.”

    NEWS REPORT: This house was a main focus and they brought out a lot of evidence.

    Mary Shell: I just didn’t think it was real.

    Mary Shell: I even thought to myself, “it’s crazy that there’s two Rex Heuermann’s out there.”

    Mary Shell and Muriel Henriquez worked with Rex Heuermann and couldn’t wrap their heads around the news.

    Muriel Henriquez: We never thought he would be that kind of person.

    Mary Shell: It’s shocking.

    In July 2023, nearly 13 years after the Gilgo Four were discovered, Suffolk County police commissioner Rodney Harrison made the announcement: authorities believe Rex Heuermann is the Long Island serial killer.

    RODNEY HARRISON (news conference): Rex Heuermann is a demon that walks among us, a predator that ruined families.

    Rex Heuermann booking photo
    Rex Heuermann seen in a booking image from the Suffolk County Sheriff’s Office. 

    Suffolk County Sheriff’s Office/AP


    The man he calls a demon is a six-foot-four architect. He’s charged with killing Melissa Barthelemy, Megan Waterman and Amber Costello. And he is the prime suspect in the death of Maureen Brainard-Barnes.

    MICHAEL BROWN | REX HEUERMANN’S LAWYER (to reporters): What has my client told me? He told me he didn’t do this.

    Heuermann was living about 20 minutes from Gilgo Beach, in Massapequa Park. It’s the very same town where Megan’s phone last connected with a cell tower. And Heuermann worked at his architectural firm in Midtown Manhattan, just blocks from where Maureen disappeared. The same area where several of the threatening calls to Melissa’s little sister were made.

    NEWS CONFERENCE: The cause of death with regard to the three victims is homicidal violence.

    A married man, Heuermann lived in a run-down house, and has a daughter and stepson with his second wife, Asa Ellerup. Ellerup, who was born in Iceland, would take the children to see her family there in the summers. It was during these trips and others, police believe, that Heuermann killed the women.

    Erin Moriarty: You never got any kind of hint of another life?

    Muriel Henriquez: No, no.

    Muriel Henriquez worked at Heuermann’s company, RH Consultants & Associates, and spoke exclusively to “48 Hours.” She recalled a gift he gave her in the summer of 2007.

    Muriel Henriquez
    Muriel Henriquez with the sweater she received as a gift from Rex Heuermann.

    CBS News


    Muriel Henriquez (holding sweater): This is a sweater he asked his wife to bring back from a trip to Iceland.

    Henriquez, who says she was touched at the time by Heuermann’s thoughtful gesture, now wonders if his wife’s absence that summer gave him an opportunity to kill Maureen Brainard-Barnes, who disappeared on July 9, 2007.

    Erin Moriarty: How do you feel about this sweater now?

    Muriel Henriquez: No, I’m definitely not going to wear the sweater now.

    Still, she says she saw nothing alarming about the Rex Heuermann she saw daily.

    Muriel Henriquez: A little bit of a nerd in a way. … he liked to talk about himself, what he knew … not a narcissist, but a little bit of a, you know, I know everything kind of guy.

    Erin Moriarty: Pompous.

    Muriel Henriquez: Pompous.

    She remembers him running to and from job sites eating fast food on the run.

    Muriel Henriquez: Pizza. That was his number one thing.

    When she heard that police had recovered almost 300 firearms from a vault in Heuermann’s basement, she was surprised only by the number. She knew him as an avid hunter.

    Muriel Henriquez: Going out shooting, hunting, that was his passion.

    Erin Moriarty: What was it about hunting he liked?

    Muriel Henriquez: I don’t know. I guess — I guess it was like, he — he liked the idea of having a prize.

    Erin Moriarty: Stalking prey?

    Muriel Henriquez: Stalking prey and winning. He liked to win.

    And while she says it never occurred to her that Heuermann could be dangerous, she does remember a time when his tracking skills unnerved her. It was her 40th birthday and she had booked a cruise vacation.


    Co-worker of Gilgo Beach murders suspect says he unnerved her by tracking her down on vacation

    01:06

    Muriel Henriquez: “Where are you going?” I said, “I’m going to — you know, I’m going to be in the middle of the ocean. You’re not going to find me in the middle of the ocean.” … He said,” Oh, yes, I can.”

    Henriquez didn’t think much of the comment, until the second day of her trip.

    Muriel Henriquez: There was a white envelope under my door … it was a note from him. The note said, “I told you I could find you anywhere.”

    Mary Shell: He had photos from hunting trips.

    Mary Shell was just out of art school in the summer of 2010 when she worked for Heuermann. It was the same summer that both Megan Waterman and Amber Costello vanished.

    Mary Shell: He would talk about the meat … in particular that bear meat could keep in the freezer for months.

    Hearing authorities now say some of the victims were wrapped in a burlap that hunters often use was chilling.

    Mary Shell: The burlap really got to me.

    Since Heuermann’s arrest, Mary has written about her experience with him. She’s also talked to other former female employees who said they weren’t always treated with respect.

    Mary Shell: He would have one of them, uh, clean the toilet if he thought the cleaning person hadn’t done a good enough job.

    Erin Moriarty: A woman in the office?

    Mary Shell: Yes. Mm-hmm. … he — more than once commented on women’s bodies … if someone perhaps had gained some weight, you know, that kind of — that kind of thing.

    John Parisi grew up with Heuermann. He says Heuermann was bullied as a child.

    John Parisi: I remember meeting Rex when I was in first or second grade. … he was a loner, not many friends. … The children were super mean to him … made fun of him and teased him.

    But Parisi says he never saw Heuermann fight back.

    John Parisi: He was big enough that if he got upset and started swinging, he would hurt somebody. But he never did.

    As Heuermann got older, John points out, things didn’t get much better.

    John Parisi: He was rejected by many girls. … we all go through that awkward stage growing up, and it seemed like that awkward stage stayed with him longer than usual.

    Still, he says, many in the community find it hard to believe that Heuermann is the notorious serial killer living a double life for more than a decade.

    John Parisi: People … were saying, oh my God, I can’t believe we have a serial killer in our town, and we grew up with, and we walked amongst the killer.

    Another classmate of Heuermann’s, actor Billy Baldwin, took to social media when the news broke, tweeting it was “Mind-boggling.”

    The awkward Long Island teenager grew up to be a confident and seemingly successful architect. Antoine Amira met and interviewed him in 2022.

    REX HEUERMANN (“L’Interview”): Born and raised on Long Island … then working in Manhattan since 1987.

    Antoine Amira: There’s nothing in my interview that made me think that this person in front of me is a dangerous person.

    Amira is a hotel food and beverage manager in New York who loves real estate. He has a YouTube interview show called “L’Interview”where he handpicks guests whom he thinks are interesting and accomplished.

    Amira says Heuermann was well known for his skill at helping companies and individuals get building permits.

    REX HEUERMANN (“L’Interview”): I’m an architect, and architectural consultant, a troubleshooter.

    REX HEUERMANN: When a job that should have been routine suddenly becomes not routine, I get the phone call.

    ANTOINE AMIRA: Gotcha.

    Antoine Amira: What really, uh, uh, stood out for me was that he — he was very, very, very smart.

    And known, says Amira, for his ability to find loopholes in the rules.

    Antoine Amira: He was pleased when he was doing it.

    Erin Moriarty: That he could —

    Antoine Amira: That he — could outwit the — the system.

    But Amira says he remembers it was hard to get Heuermann to crack a smile. Not even during the signature sunglasses selfies he takes with every guest.

    ANTOINE AMIRA (YouTube interview show): That’s it, folks. That was Rex.

    ANTOINE AMIRA: It’s. Selfie time. Can you smile?

    REX HEUERMANN: That is.

    If police are right, Rex Heuerman was able to hide a life as a serial killer — and if he did, his habit of eating pizza on the go would turn out to be his undoing.

    CONNECTING THE CLUES

    For more than a decade after the discovery of the Gilgo Four, Rex Heuermann’s name never appeared on a suspect list until a new task force was formed with Suffolk County police commissioner Rodney Harrison and Suffolk County D.A. Ray Tierney.

    Ray Tierney: In February of 2022 we formed the task force … and then a mere six weeks later … Rex Heuermann was identified for the first time.

    A suspect in six weeks? So how did they do it? It turns out that buried in the original case files were a number of critical clues that the new task force was finally able to connect. Remember Amber’s roommate Dave Schaller?

    Dave Schaller:  She’s like, “I love you.”  You know, she gave me a hug. … And she left.

    He had told police about one of Amber’s clients and his vehicle.

    Ray Tierney: Just a large, built man … and that, he was driving this, this first-generation Chevy Avalanche.

    A first-generation Chevy Avalanche. With a description of an ogre-like man, and the make and model of his truck, police took a closer look at Amber’s phone records from 2010. Schaller had told them that before Amber disappeared, there was one particular client calling incessantly.

    Dave Schaller: He called several times. He was on the phone with her for quite a while each time.

    Police back then knew the client was using a burner phone. That’s a prepaid phone that anyone can buy and use anonymously. And they knew that Maureen, Melissa and Megan had all been in contact with burner numbers right before they disappeared.

    In 2012, with the help of the FBI, they determined that most of those calls connected to cell towers inside a small area of Massapequa Park. They called it “the box.”

    Erin Moriarty: So how large an area is that box?

    Ray Tierney: It’s, you know, a couple of blocks within — within Massapequa Park.

    The new task force began the search for a large-built man who also lived in that small area and owned a Chevy Avalanche at the time of the disappearances.

    Erin Moriarty: Was there a “aha!” moment when, all of a sudden, his name came up?

    Rodney Harrison: Once we were able to attach the … Avalanche inside of that Massapequa box, which then attached to Rex Heuermann, that was a moment where we said, OK, there’s something here.

    The task force now had a prime suspect. And when they looked at Heuermann’s personal cellphone records, they found that his phone was in the same area as those burner phones when they were used to contact a victim in Massapequa Park or in midtown Manhattan.

    RAY TIERNEY (at news conference): it was always consistent.

    Tierney says this was also true for those awful calls Melissa’s family got from that man using her phone back in 2009.

    Steve Cohen: He said, “Do you know what I did to your sister?” … and he said …  “Well, I killed Melissa.” 

    The task force says that it confirmed that Heuermann does in fact use burner phones. Investigators say he had two different burner numbers in 2022, and they say they watched him put money on one of those accounts at a cellphone store in Midtown Manhattan.

    And according to court papers, the team also documented three email accounts using fake names, including John Springfield, Thomas Hawk and Hunter1903a3, and all linked to those burner numbers. And prosecutors say that Heuermann was using a burner phone to send these selfies to “solicit and arrange for sexual activity.”

    One of those accounts linked to Heuermann, prosecutors wrote, was used to conduct “thousands of searches related to sex workers, sadistic, torture-related pornography and child pornography.”

    RAY TIERNEY (at news conference): There was a lot of torture, porn, and … depictions of women, being abused, being raped, and being killed.

    Investigators also say that while they were busy watching Heuermann, Heuermann was trying to watch them — conducting searches on the task force and the Gilgo victims.

    RAY TIERNEY (at news conference): Not only pictures of the victims, pictures of their relatives … their sisters, their children, and he was trying to locate those individuals.

    The circumstantial evidence was building, but investigators also had physical evidence from the Gilgo Four—including one male hair that was found in the burlap used to “restrain and transport” Megan Waterman’s body. They wanted to see if they could link it to Heuermann.

    Rex Heuermann pizza box evidence
    Detectives tailing Rex Heuermann recovered his DNA from pizza crust in a box that he discarded in a Manhattan trash can.

    Suffolk County D.A.


    Police tailed Heuermann, and when he threw out a pizza box in a trash can in midtown Manhattan — they pounced.

    Ray Tierney: The pizza, which was … obviously very significant.

    Tierney says that Heuermann’s DNA that was found on that pizza crust was consistent with a DNA profile from the hair found with Megan Waterman’s body, and that DNA profile is only found in .04 percent of the population.

    Ray Tierney: That was a remarkable day. It was, you know, the weekend and, you know, you read, you get the report and you read it and then you read it again, and then you read it a third time and then you read it a fourth time, and then you start making calls.

    With the DNA, the search histories and the burner phone evidence, the team felt it was time.

    Ray Tierney: When we decided to take down the case, we, you know, it was a sudden decision. … We did see him contacting a number — of sex workers … using a burner phone, which obviously is concerning.

    Plainclothes officers arrested him around the corner from his office.

    Rodney Harrison: I don’t think he had any clue. I don’t think he had any clue that we were onto him.

    Police spent 12 days looking through Heuermann’s home, pulling those guns out of the basement, and digging in the backyard. They say it will take some time to comb through what they have now, and they were tight lipped about what they found.

    REPORTER 1 (at news conference): Has the search been fruitful?

    RODNEY HARRISON: Great question and the answer’s yes. 

    REPORTER 2: … Can you elaborate on fruitful? You said yes, it’s fruitful.

    RODNEY HARRISON: There have been items that we have taken into our possession, that makes it fruitful. 

    And one more big piece of evidence taken into possession: a first-generation Chevy Avalanche Heuermann once used. It was sitting on property he owns in South Carolina when they recovered it.

    RAY TIERNEY (at news conference): We were able to seize that Chevy Avalanche pursuant to a search warrant. And we’re certainly going to analyze that.

    But there were female hairs found on some of the victim’s bodies that don’t belong to the victims. So, who do they belong to?

    THE FAMILY OF A SUSPECTED SERIAL KILLER

    After Rex Heuermann’s arrest, his quiet neighborhood in Massapequa Park was overrun by investigators and media, focusing intense scrutiny on the ramshackle home and its remaining residents: his stepson, Christopher Sheridan; daughter, Victoria Heuermann, and his wife more than 25 years, Asa Ellerup.

    Bob Macedonio: So, their life going forward is always gonna be the wife or the children of (a) suspected serial killer. That’s what it’s gonna be from now on.

    Asa Ellerup
    Asa Ellerup

    MEGA Agency


    Attorney Bob Macedonio represents Ellerup, who has since filed for divorce from Heuermann. He says she was as stunned as anyone by the accusations.

    Bob Macedonio: She had no idea any of this was going on … The allegations are shocking. Nobody wants to think that they’ve been living with, sleeping next to a serial killer for the past 25 years.

    As it turns out, Ellerup may have inadvertently helped focus the investigation on her husband. Investigators say they’ve identified strands of female hair that were found on two of the victims.

    D.A. Ray Tierney | Suffolk County: One hair on Waterman … comes back to his wife, or the DNA profiles are consistent. And then … the DNA profile from Costello is consistent with … the wife.

    Although prosecutors have evidence that Ellerup was out of town when those murders occurred, they will have to explain how those hairs got on the victims. Suffolk County D.A. Ray Tierney says it could be as simple as transfer.

    Ray Tierney: You live at home with a spouse a little bit of your hair falls on your shoulder, as well as your spouse’s. Then you go out and you interact with the third party and that hair gets on them.

    Ellerup has not been charged or named a suspect in any of the murders.

    Erin Moriarty: You don’t believe that Rex Heuermann’s wife was involved in this in any way?

    Ray Tierney: There’s no evidence to indicate that. No.

    Along with the public scrutiny of Ellerup, there has also been support from people that perhaps know all too well what she’s going through. Kerri Rawson, the daughter of serial killer Dennis Rader, who named himself BTK, tweeted: “Asa and her kids are also victims.”

    MELISSA MOORE (at news conference): I can tell that they are going through hell.

    And from Melissa Moore, the daughter of Keith Jesperson — a serial killer known as the “Happy Face Killer” for taunting authorities with letters signed with a happy face.

    BOB MACEDONIO (at news conference): She reached out immediately to myself and we put her in contact with Asa.

    At a news conference, Macedonio announced Moore set up a GoFundMe page for Ellerup, which raised over $50,000. It is money he says will largely go to medical bills — Asa is battling breast and skin cancer. And because Rex Heuermann was the sole provider for the family, Macedonio says she will soon lose her health insurance.

    BOB MACEDONIO (at news conference): Asa would like me to express her thanks for the support she has received. Um, she is going through a very difficult time.

    Ellerup’s children have also paid a heavy price. Her daughter, Victoria, who worked for her father at the architectural consulting firm, and her son, Christopher, are both now unemployed. Ellerup struggles to support them, says Macedonio, while she’s also trying to figure out how to start over.

    Erin Moriarty: How is she getting through every day?

    Bob Macedonio: Honestly?

    Erin Moriarty: Yeah.

    Bob Macedonio: Minute by minute. … She has no one else to turn into at this time. … Family and friends have been hesitant to have her come over because they don’t want the media attention. She gets followed wherever she goes.

    Heuermann hoem after search
    Asa Ellerup and her children continue to live in the house in Massapequa Park, Long Island, which the family says was excessively damaged when police searched it shortly after rex Heuermann’s arrest.

    Robert Macedonio


    For the moment, she and her children continue to live in the house in Massapequa Park, which the family says was excessively damaged during the police search. It’s a daily reminder of the unimaginable crimes her estranged husband is charged with and the investigation that continues into what else he may have done.

    THE ONE WHO GOT AWAY?

    Rex Heuermann, awaiting trial, is locked inside a Suffolk County jail in a 60-square-foot cell. He denies killing Melissa Barthelemy, Megan Waterman, and Amber Costello — their voices now silent as the sand where they had been ruthlessly discarded.

    Gilgo Four
    The Gilgo Four: Clockwise from top left, Amber Costello, Megan Waterman, Maureen Brainard Barnes and Melissa Barthelemy.

    CBS News


    Erin Moriarty: How sure are you as you’re sitting here now that Rex Heuermann is the Long Island serial killer?

    Ray Tierney: So, we’re just at the beginning stage of this case … but we would not have brought this indictment if we weren’t confident in our case.

    Rodney Harrison: He took away somebody’s mother, somebody’s daughter, somebody’s sister — not just one person, multiple individuals.

    Heuermann is currently the prime suspect for the murder of Maureen Brainard-Barnes.

    And for investigators, an obvious question still hangs heavy: if Heuermann is a killer, are there other victims? 

    Erin Moriarty: I mean, isn’t there a real concern that there may be other victims out there?

    Ray Tierney: Always.

    Rodney Harrison: Who’s to say there’s not more bodies out there that we need to investigate?

    In 2011, police did find other bodies along Ocean Parkway after finding the Gilgo Four.

    There is victim number 5, Jessica Taylor – an escort who went missing in 2003.

    lisk-mack-vergata.jpg
    The remains of “Jane Doe #6”  were identified as Valerie Mack, left. Karen Vergata

    Suffolk County Police/CBS New York


    • Another set of remains police called “Jane Doe # 6” is now identified as Valerie Mack, also working as an escort.
    • Number 7: To investigators’ surprise they found a toddler girl.
    • Number 8: An Asian male dressed in women’s clothing.
    • Number 9: A female skull belonging to Karen Vergata, an escort who disappeared in 1996.
    • Number 10: Female remains from a victim cops nicknamed Peaches because of a tattoo on her torso.  Although her remains were found six miles away, police say DNA confirms Peaches is the mother of that toddler.

    None of those victims have been linked to Heuermann.

    Erin Moriarty: Is it that you can’t connect him yet, or you believe he probably isn’t the person who killed these other individuals?

    Rodney Harrison: I don’t know.

    Investigations spread to Las Vegas and South Carolina, where Heuermann owns property, with detectives there taking a fresh look at cases of missing women.

    And then there is Nikkie Brass.

    Nikkie Brass: I remembered him because one, he’s massive. And how many massive, like 6-foot, 5 architects work in Manhattan and live in Massapequa?

    Now a hairdresser, Brass claims she may be one that got away. She told us she used to work as an escort. And while “48 Hours” cannot substantiate her story, Brass claims she can’t shake her memory of the night she says she was solicited for sex by Rex Heuermann, and says she fled the restaurant where they met.

    Nikkie Brass: I had never gone anywhere and like felt, fear. My gut was telling me I needed to get away and I never had that before.

    Brass says what she found most disturbing is that Heuermann himself brought up those bodies bound in burlap by Gilgo Beach.

    Nikkie Brass: He wanted to, like, really get into it. Like, he asked me how I thought they could get rid of the bodies without being caught in that area. And I said, like, I’ve never been over there. … I’ve never even seen Gilgo Beach. … And his response was, well, it’s really dark and desolate.

    Brass is now represented by John Ray, an attorney who is also representing Shannan Gilbert’s family. In December 2011, investigators finally found Shannan in the marsh not far from Gilgo Beach. But they don’t believe she was murdered.

    Rodney Harrison: It’s an unfortunate incident, but right now we believe that she just ran into the marsh and unfortunately drowned.

    A former investigator told us that he believes Shannan was high on drugs that night and says her death was an accident — something John Ray just can’t believe. While he doesn’t think Shannan was a victim of Heuermann, he does believe she was murdered and points to that 911 call.

    John Ray (December 2013): It makes absolutely no sense that she’s found where she is, except that someone else put her there, or killed her there.

    While questions remain about Shannan’s last hours, there’s no question she’s the reason so many families may finally be getting answers they have long waited for. “48 Hours” spoke to her sister, Sherre Gilbert, in 2011.

    Sherre Gilbert: Yeah, if my sister, you know, didn’t make that 911 call … I don’t think that these other women would have been recovered yet

    Now investigators hope that with an arrest they can give the victim’s families, who stood with them, a sense of justice and of peace.

    Ray Tierney: I’ve gotten to know the families and I’m inspired by them, and I’m impressed by their patience.

    A local legend has it that Gilgo Beach was named for a skilled fisherman called Gil, the silver-gray waters once his secret hunting ground.  Today, this beach area is better known for a relentless hunter of human prey — a serial killer, whose chilling presence can still be felt in the ocean air.


    Produced by Betsy Shuller, Mary Ann Rotondi, Lauren A. White, Sarah Prior, Richard Fetzer and James Stolz. Gregory McLaughlin is the producer-editor. Sara Ely Hulse, Michelle Fanucci, Elena DiFiore, David Dow and Cindy Cesare  are the development producers. Charlotte A. Fuller, Anthony Venditti and Shaheen Tokhi  are the field producers. Atticus Brady, Doreen Schechter, Marlon Disla, Grayce Arlotta-Berner, Marcus Balsum  and Michael Vele  are the editors. Morgan Canty and Dylan Gordon are the associate producers. Patti Aronofsky and Lourdes Aguiar are the senior producers. Nancy Kramer is the executive story editor. Judy Tygard is the executive producer.

    [ad_2]

    Source link

  • Authorities explain the evidence they say led them to Rex Heuermann

    Authorities explain the evidence they say led them to Rex Heuermann

    [ad_1]

    Authorities explain the evidence they say led them to Rex Heuermann – CBS News


    Watch CBS News



    Dave Schaller told them that before his roommate Amber Costello went missing, he saw a man that looked like an “ogre,” and had a Chevy Avalanche. Over a decade later, his description helped lead investigators to Rex Heuermann.

    Be the first to know

    Get browser notifications for breaking news, live events, and exclusive reporting.


    [ad_2]

    Source link

  • Father of Kaylee Goncalves, one of four murdered University of Idaho students, says there is evidence his daughter fought back

    Father of Kaylee Goncalves, one of four murdered University of Idaho students, says there is evidence his daughter fought back

    [ad_1]

    The Nov. 13, 2022, murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin, students at the University of Idaho, left the nation stunned and the families of the victims searching for answers.  

    Bryan Kohberger, charged in the case, faces four counts of first-degree murder and one count of burglary. A judge has entered a not guilty plea on his behalf. As attention turns to Kohberger’s trial, the murders remain unexplainable, with questions lingering.

    “I don’t know why it happened,” Jazzmin Kernodle, sister of Xana Kernodle, told “48 Hours” correspondent Peter Van Sant in her first interview. “I wish we knew. They were, all four of them were, just such great people and made such an impact on the lives around them.”

    Jazzmin and her father, Jeffrey Kernodle, spoke with Van Sant in “The Night of the Idaho Murders,” airing Saturday, Sept. 16, at 10/9c on CBS, and streaming on Paramount+. Van Sant asked Jeffrey Kernodle about reports that his daughter, Xana, fought back against the attacker. 

    “I believe so,” Kernodle replied. “It’s upsetting to think about.”

    Also interviewed were Kaylee Goncalves’ parents, Kristi and Steve Goncalves, and Kaylee’s sister, Alivea Goncalves.

    Kaylee Goncalves, Maddie Moden, Ethan Chapin and Xana Kernodle
    Clockwise from top left: Kaylee Goncalves, Maddie Moden, Ethan Chapin and Xana Kernodle.

    CBS News


    “We’re not going to just sit back and cross our fingers and pray we’re going to get justice,” Steve Goncalves said. That desire for justice led the Goncalves family to undertake their own investigation, in addition to speaking with authorities, before a gag order was put in place.

    Steve Goncalves says, according to the coroner, the first victim was Mogen. Both Mogen and Goncalves were sleeping in the same bed in a room on the third floor of the house. After killing Mogen, the assailant then went on to kill Kaylee, Steve Goncalves said. 

    “There’s evidence to show that she awakened and tried to get out of that situation,” says Goncalves, “she was assaulted and stabbed.”

    Kristi Goncalves explains her daughter had several fatal wounds and that the way the bedroom was set up, made it difficult to escape. “The bed was up against the wall. The headboard was touching the wall and the left side of the bed was touching the wall. And we believe that Maddie was on the outside and Kaylee was on the inside,” she says. “The way the bed was set up … she was trapped.” Kristi Goncalves believes the assailant was not expecting to find the two best friends together in the same bed. ” I do think that his plan went awry. I do think that, you know, he intended to kill one and killed four.”

    Steve and Kristi Goncalves say investigators’ information also led them to believe that Bryan Kohberger may have made scouting trips to the students’ house where the murders occurred. “He had to know when people were coming, people going,” says Steve Goncalves.

    Kristi Goncalves wonders if Kohberger had ever gone inside the home, saying, “I think he at least had opened that door, went in, tested the waters, looked around.”

    The Goncalves’ also think they may have found a possible connection, through Instagram, between Bryan Kohberger, their daughter, and Maddie Mogen. They believe they found Kohberger’s Instagram account and he had been following Kaylee’s and Maddie’s Instagrams. “From our investigation of the account, it appeared to be the real Bryan Kohberger account,” says Kristi Goncalves.

    However, Bryan Kohberger’s defense team has stated in court filings, that, “There is no connection between Mr. Kohberger and the victims.” Investigative reporter Howard Blum, who has written extensively about the case for Air Mail, a digital newsletter, explains in an interview with “48 Hours,” “the prosecution would like … everyone to believe that it’s an open-and-shut case … but I think the facts they have make the case perhaps more open, than open-and-shut.” Blum also says if no connection between Kohberger and the victims can be established, “then there is no motive. And if there’s no motive, then it becomes very hard to make the case that he is the killer.”

    With the gag order in place, information is restricted, but the filings do provide some insight into the defense’s case, says CBS News consultant Bryanna Fox, a professor of criminology at the University of South Florida and a former FBI special agent. “I don’t think there’s any slam dunk,” Fox tells “48 Hours.” “It seems that the defense is alleging there was a rush to judgment, law enforcement made an arrest too fast, and they focused on their client too quickly.”  

    The defense filings have tried to poke holes in some of the information alleged in the affidavit released after Kohberger’s arrest, such as cellphone data that picked up Kohberger’s movements near the victims’ house and security cameras that captured his Hyundai Elantra near the murder scene. The defense has pointed to concerns, says Fox, whether Bryan Kohberger’s car was accurately identified at the outset, or if that identification was affected after authorities learned the model of the car he drove.

    While the alleged cellphone data makes one suspicious of Kohberger, says Blum, “it’s not putting someone at someone’s doorstep, it’s putting … someone in someone’s neighborhood. And there’s a large difference. And if you can convince a jury of this, if you can raise doubts about the validity, and the accuracy of the cellphone data, I think you’re halfway there to getting the case against Kohberger, either a hung jury — or a not guilty verdict.”

    Kristi Goncalves says regardless of the defense claims, she remains steadfast in her belief that Bryan Kohberger is responsible for the murders, and that whenever the trial begins, her family will be there. “He’s going to feel all of us just staring at the back of his head,” says Kristi Goncalves. “And he knows… what he did to our daughter.”

    [ad_2]

    Source link

  • The Trial of Alex Murdaugh

    The Trial of Alex Murdaugh

    [ad_1]

    The Trial of Alex Murdaugh – CBS News


    Watch CBS News



    “48 Hours” explores the double life of a once prominent lawyer and his stunning fall from grace. Murdaugh is now an admitted drug addict, thief and convicted murderer. “48 Hours” contributor Nikki Battiste reports.

    Be the first to know

    Get browser notifications for breaking news, live events, and exclusive reporting.


    [ad_2]

    Source link

  • Last Seen in Breckenridge

    Last Seen in Breckenridge

    [ad_1]

    Last Seen in Breckenridge – CBS News


    Watch CBS News



    In 1982 the bodies of Annette Schnee and Bobbie Jo Oberholtzer were found outside a luxe ski town. A man rescued from a snowdrift the night of the murders turned out to be their killer. “48 Hours” contributor Natalie Morales reports

    Be the first to know

    Get browser notifications for breaking news, live events, and exclusive reporting.


    [ad_2]

    Source link

  • Frantic woman in police custody explains her stained clothes: “This is Andrew’s blood”

    Frantic woman in police custody explains her stained clothes: “This is Andrew’s blood”

    [ad_1]

    This story originally aired on March 11, 2023.

    In the predawn hours of May 8, 2014, Stephanie Fernandes was desperate to learn from police what had happened to her fiancé, Andrew “Andy” Wagner.

    STEPHANIE FERNANDES (crying): I — I don’t know what’s gonna happen. Please.

    OFFICER PERO: Stephanie, just —

    STEPHANIE FERNANDES: Please, tell me if he’s OK.

    OFFICER PERO: Stephanie —

    STEPHANIE FERNANDES: Please, no 

    STEPHANIE FERNANDES: This is like a nightmare, a walking nightmare …

    STEPHANIE FERNANDES: …what happened to him I can’t take it.

    OFFICER PERO: I know this is, I know this is a traumatic night, OK?

    STEPHANIE: No, no. Please tell me Andy’s OK.

    OFFICER PERO: We have to get through this, OK?

    STEPHANIE FERNANDES: Oh, please tell me Andy’s OK, please … 

    At around 10:30 the night before, after a sudden bloody encounter with Andy at their home in Worcester, Massachusetts, Stephanie says she couldn’t find her cell phone, so she rushed to a neighbors’ house to get help.

    Angelina Fernandes (driving with Peter Van Sant to her former home): It’s coming up on the left.

    Peter Van Sant: Which house?

    Angelina Fernandes: Right here on the left.

    Stephanie’s daughter Angelina Fernandes now 20, was just 11 years old that night.

    Peter Van Sant: Where was your bedroom?

    Angelina Fernandes: Um, I don’t know, upstairs.

    Peter Van Sant: But can you still remember.

    Angelina Fernandes: Yeah, it’s like pictures.

    Angelina Fernandes and Peter Van Sant.
    Angelina Fernandes, 20, with “48 Hours” correspondent Peter Van Sant. She was 11 when her mother was accused of murder.

    CBS News


    Angelina Fernandes: So, I was sleeping, and I heard the door slam shut, and it woke me up. And then I just heard my mom from outside, “Help me, someone help me.” And then I just hear my mom screaming and crying.

    Peter Van Sant: When you looked from that balcony down and could see your mother and Andy –

    Angelina Fernandes: Mm-hmm (affirms) … there’s blood everywhere.

    Angelina Fernandes:  And then I saw them giving CPR on him.

    Angelina Fernandes: I just remember my mom. … And then she spotted me upstairs and she pointed at me, and she was like, “Someone get her, someone get my daughter!”

    Police took Angelina to a relative’s house. Andy was rushed by paramedics to the hospital. Police took Stephanie to the station, where she was led into an interrogation room and interviewed for almost three hours.

    STEPHANIE FERNANDES: No. No. Please tell me Andy’s OK.

    OFFICER PERO: We have to get through this, OK?

    STEPHANIE FERNANDES: Oh, please tell me Andy’s OK … I can’t even talk. Like, he’s my life. It doesn’t even matter. Like, I love him so much …

    STEPHANIE FERNANDES: Please. I don’t—no, no. I don’t know what to do. Like,

    I’m gonna freak out …

    OFFICER: Sit down for a second.

    STEPHANIE FERNANDES: I don’t wanna hear nothin’. I don’t wanna hear nothin’. And if anything bad happened to my family, no, please don’t tell me. I know I look psycho. Please.

    OFFICER PERO: Stephanie —

    STEPHANIE FERNANDES: Please.

    OFFICER PERO: —  just for right now, I just want to get some basic information.

    STEPHANIE FERNANDES: OK.

    Stephanie Fernandes police interview
    Stephanie Fernandes was taken to the Worcester Police Department where she was interviewed for almost three hours.

    Worcester Superior Court


    Detective William Pero led the questioning

    OFFICER PERO: Before we talk about the incident that occurred tonight, I have to read you your rights. 

    STEPHANIE FERNANDES: OK.

    OFFICER PERO: You have the right to use a telephone to … contact an attorney. Do you understand this right Stephanie?

    OFFICER PERO: Right now, we can’t talk to Andrew. I can talk to you, OK.

    STEPHANIE FERNANDES: Why can’t you talk to him?

    The officers press on, telling Stephanie that Wagner is in the hospital. Stephanie appears to settle down a bit.

    OFFICER PERO: Well, something did happen. You’re covered in blood.

    STEPHANIE FERNANDES: I know. No. Oh yeah …

    OFFICER PERO: You have a lotta blood on you and that’s, I would assume that’s Andrew’s blood?

    STEPHANIE FERNANDES: Yes. This is Andrew’s blood.

    Stephanie changes into a white coverall. And two hours into her interview finally learns Andy’s fate.

    OFFICER PERO: Andrew is no longer with us. And there’s a reason why that happened, but we don’t know that reason yet.

    STEPHANIE FERNANDES: Oh my God. Oh my God.

    Stephanie is told Andy is dead. She begins to reveal details of what happened that night.

    STEPHANIE FERNANDES: What happened was we got into an altercation, and he was hitting me. And that’s what happened. And he pulled out a knife and guns. … He started like choking me and hittin’ me and stuff.

    An autopsy would later reveal Wagner had bled to death after being stabbed in the neck. Stephanie was later charged with first-degree murder.

    Stephanie Fernandes talked publicly for the first time to “48 Hours” about the death of her fiancé Andrew Wagner.

    Stephanie Fernandes: I never, never, and never would kill someone, harm someone in that way, on purpose.

    Stephanie Fernandes: I will always love him.

    Stephanie Fernandes and Andrew Wagner
    Stephanie Fernandes and Andrew Wagner moved in together almost immediately after meeting and eventually got engaged. 

    Maura Tansley/Defense team


    But how did it come to this? Just five years earlier Stephanie was smitten with Andrew Wagner.

    Stephanie Fernandes: Blue eyes, really nice smile, … Nice hair. … just really handsome and

    Um, really fun personality, very talkative.

    Peter Van Sant: And did you feel an attraction to him right away?

    Stephanie Fernandes: Yes, I did. We had chemistry, a lot.

    At the time, Andy worked at the tire shop of a Costco. He dreamed of working in law enforcement. In the beginning, Angelina got along with him.

    Peter Van Sant: What kind of things would — did you guys do together?

    Angelina Fernandes: We used to watch “Criminal Minds” together.

    Peter Van Sant: Did your mom ever tell you … “Angelina, I, I love Andrew, I — I’d like to — I’d like to marry Andrew someday?”

    Angelina Fernandes: Yes. She wanted that so bad. … a stable family for me and her. … She just — she wanted that.

    But what Angelina didn’t know at the time was that her mother’s life with Andy Wagner also had a violent side, recalled Stephanie’s friend Danielle Lord.

    Danielle Lord: She constantly had, like, grab marks on her arms. She had marks on her inside of her legs, like I have never seen in my life.

    A VOLATILE RELATIONSHIP

    Angelina Fernandes (referencing a photo with her mother): The little girl is me, and my mom is next to me, Stephanie Fernandes. … so tender and loving and … She was high energy and — I was like her little sidekick.

    Angelina was just 6 years old when Andrew Wagner came into her life. She remembers good times at the beach, family gatherings and vacations.

    Angelina Fernandes: We would actually go to Cape Cod every summer to his parent’s Cape house, which was fun.

    Stephanie Fernandes,  Angelina Fernandes and Andrew Wagner
    “She wanted to have, like, that picture perfect All-American dream family with a nice house and kids,”  said Angelina, pictured with her mother and Wagner.

    Rena Johnson


    Angelina Fernandes: She loved him. She wanted a house with him. She wanted to get married to him. She wanted babies.

    In those early times, Angelina says her mom never said how she met Andy Wagner and never revealed what she did for a living that kept her away at night.

    Danielle Lord: She was beautiful. … she just had these piercing eyes, first, that you notice. And her hair was just beautiful.

    Danielle Lord worked with Stephanie in a Massachusetts night club.

    Danielle Lord: We both were very intimidating. A lot of men would say that we were intimidating, especially together. That’s attractive to men. … We just became this kind of duo.

    Peter Van Sant: What did you do at the nightclub?

    Stephanie Fernandes: I was a topless dancer.

    Peter Van Sant: Exotic dancer –

    Stephanie Fernandes: Exotic dancer, stripper, yeah.

    Peter Van Sant: And had you been trained in dancing at all?

    Stephanie Fernandes: I took dance classes when I was younger, not in that way.

    Stephanie was a single mom.  She says after she split up with Angelina’s father, she needed to earn a paycheck.

    Stephanie Fernandes: I would go in there, make a lotta money, and then I would get out

    And — and be there for my mom … and my daughter.

    Andrew Wagner
    Andrew “Andy” Wagner

    Worcester Superior Court


    One night, back in 2009, a new guy at the club caught her eye.

    Stephanie Fernandes: I was on stage. And he was there                           

    Stephanie Fernandes: We just started talking and talked for, like, an hour.

    Danielle Lord: She was instantly attracted to him. She wanted to be with him. She didn’t look at him like a customer. She was like, “Oh, this is a cute guy. I like him.”

    At first, Stephanie loved the attention.

    Stephanie Fernandes: I thought, “Oh he’s just into me. He just really likes me.”

    Danielle Lord: I think she just had stars in her eyes.

    Danielle says Stephanie and Andy’s relationship quickly became a little obsessive.

    Danielle Lord: A lot of alarms went off whenever Steph met Andy. And — you know, alarms that she couldn’t hear. … He was completely … possessive right from the beginning. Andy was calling her nonstop, messaging her … and showing up at the club right from the beginning.

    Stephanie and Andy moved in together almost immediately in Worcester, Massachusetts.

    Danielle says their relationship moved from obsessive to dangerous.

    Danielle Lord: I’ve never in my life seen bruises like that ever. And I don’t — I don’t even wanna think of what she went through to get the — those bruises. … We were covering it with makeup. … when she had the bruising down there, there was nothing you could do to cover it.

    Soon after moving in together, Stephanie says, Andrew demanded some changes.

    Peter Van Sant: Did he demand that you stop dancing?

    Stephanie Fernandes: Oh, yeah. Yes. … His girl was not gonna dance at a club. And I said, jokingly, nervously, jokingly, “Well who’s gonna pay my bills?”

    Peter Van Sant: And why did he want you to quit?

    Stephanie Fernandes: Because of the attention, the men … taking off my top in front of men.

    Stephanie says she stopped dancing, but the violence continued.

    Stephanie Fernandes: He’s hit me in my head and my face.  He’s choked me …

    Stephanie Fernandes black eye
    Stephanie Fernandes says she took this photo of her black eye in 2010.

    Credit: Worcester Superior Court


    Stephanie says she took this photo of her black eye, shown above, in 2010.

    Stephanie Fernandes: Oh, body shots. All over the place. My mouth. My eyes. Everywhere.

    Peter Van Sant: Why didn’t you ever call the police and report this violence?

    Stephanie Fernandes: I was told that bullets can go through paper. It would mean nothin’ with a restraining order. He would get to me way quicker than the cops would. And just — I would die if I left him.

    Danielle Lord: I can’t explain it. It’s very hard to leave a domestic violence situation. … You don’t have your own money. You don’t have anywhere to go. … you know, you’re broken down completely. … Your brain is like scrambled eggs, and you can’t think for yourself. And you just walk around every day like … you’re in shock. … You just wanna end the day, and when you wake up the next day, it’s just another day doing the same thing. So … I think she was just stuck in a situation that she didn’t know how to get out of.

    In spite of their volatile relationship, in 2012, Stephanie and Andy were engaged. A short time later, Andy became a corrections officer.

    Peter Van Sant: You and Andy had bought a condo together. You were planning a wedding, correct?

    Stephanie Fernandes: Yes.

    Stephanie Fernandes and Andrew Wagner
    Stephanie Fernandes said Andrew Wagner would become jealous, and threatened to kill her if she did not listen to him. But Fernandes admits she antagonized him, teasing and tormenting him with texts.

    Worcester Superior Court


    Peter Van Sant (hands photo to Stephanie): You seem happy in that picture. What went wrong?

    Stephanie Fernandes: Severe jealousy.

    But Stephanie admits it wasn’t just Andy. Sometimes she antagonized him, teasing and tormenting him with texts.

    Peter Van Sant: They’re pretty vicious.

    Stephanie Fernandes: Yeah.

    Peter Van Sant: You admit that, right?

    Stephanie Fernandes: I do. It’s embarrassing.

    Van Sant asked Stephanie to read a few.

    Stephanie Fernandes: “I’m gonna F your best friend.” “You should kill yourself.” “Hope a car falls on you.”

    Stephanie Fernandes: I admit I’m flawed. … Yeah, I can get upset.

    She says Andrew would get upset too — especially when she wore outfits that might make her attractive to other men.

    Stephanie Fernandes: He’s freaked out over … the tank top that I was wearing, grabbed me, and then threw me on my bed in the room, and tore it off. Took out his gun, made sure I knew there was bullets it in, and jammed it down my throat.

    Peter Van Sant: Did he threaten to kill you? Did he threaten to pull the trigger?

    Stephanie Fernandes: If I — during that time — it was if I didn’t listen to him, yes that he was gonna kill me.

    Angelina Fernandes: When he was mad, he’d turn into a different person. His whole face would get red. His pupils would dilate. It was like possession of demonic entity.

    Angelina recalls seeing Andrew trying to headbutt her mother.

    Angelina Fernandes: He’d go like — like that (demonstrating a headbutt).

    Peter Van Sant: Would he bump her? When he headbutt –

    Angelina Fernandes: No.

    Peter Van Sant:  — would he literally make contact?

    Angelina Fernandes: No.

    Peter Van Sant: But it would go right up in her face?

    Angelina Fernandes: Yeah.

    Peter Van Sant: And –                                   

    Angelina Fernandes: Yeah.

    Peter Van Sant: And she called that a headbutt, right?

    Angelina Fernandes: Yeah.

    Peter Van Sant: And did that bother her

    Angelina Fernandes: Mm-hmm (affirms).

    By early 2013 Stephanie decided she and Angelina needed a change. She left Andrew and began a new relationship with an old boyfriend, Mike Laramee.

    Stephanie Fernandes: I left Andy to get away from the abuse and a number of things.

    wagner-laramee.jpg
    By early 2013 Stephanie Fernandes left Andrew Wagner  and began a new relationship with an old boyfriend, Mike Laramee.

    Worcester Superior Court/Rena Johnson


    Stephanie says both men knew about each other.

    Stephanie Fernandes: What I did with Andy, Mike knew about. What I did with Mike, Andy knew about.

    She says Mike treated her very well.

    Stephanie Fernandes: He spoiled me in every way. … He would carry me into bed if I fell asleep on the couch.

    And just months after they got back together, Mike proposed, and Stephanie accepted.

    Stephanie Fernandes: Mike brought me to Niagara Falls. … he did take out … the ring and

    asked if I would marry him. … And I did wear the ring.

    Peter Van Sant: Both men knew that you were engaged to the other man?

    Stephanie Fernandes: Yes.

    About a month later, Laramee says he broke off the engagement. Stephanie got back together with Andy, but she says it was more out of fear than love. 

    Stephanie Fernandes: If I didn’t go back with Andy … he woulda killed Mike or definitely myself if I didn’t go back with him. He never woulda let me live.

    Once Stephanie was back, she says the cycle of abuse resumed. Just three days before his death, Andy texted her.

    Peter Van Sant: He said, “I’m going to f****** kill you.” Do you remember him texting that to you?

    Stephanie Fernandes: I remember him texting that, saying that all the time.

    Then, on the night of May 7, 2014, everything exploded.

    Angelina was upstairs in bed. Stephanie says she was in the kitchen preparing dinner when Andy started an argument about what she’d been doing that week while he was away at work.

    Stephanie Fernandes: That’s what started … the questions … what have I been doing all week, things like that — just escalated.

    She says Andy wanted to have sex. Stephanie didn’t.

    Stephanie Fernandes: He was punchin’ me in the head. Tryin’ to pin me down. Tryin’ to remove my pants.

    Then, she says, he pulled out a gun and tried to pin her against the couch.

    Stephanie Fernandes: I was in fear of my life. I was trying to get away.

    Andrew Wagner death evidence
    On May 7, 2014, Andrew Wagner and Stephanie Fernandes got into another altercation. This time, only one of them would survive. An autopsy report would later reveal that Wagner died from a stab wound to the neck. 

    Worcester Superior Court


    Stephanie says she grabbed a knife to scare him. What unfolded would soon end one life and destroy another.

    Stephanie Fernandes: It just was so quick. He just charged at me, went to headbutt me, as he always would do.

    Stephanie Fernandes
    Stephanie Fernandes says the night Andrew Wagner died, he pinned her to her a couch and tried to choke her. Fernandes grabbed a knife from the kitchen and says Wagner tried to headbutt her as she held the knife in her right hand. Using a pen, she demonstrated to “48 Hours” how she held the knife.

    CBS News


    Peter Van Sant: How are you holding the knife?

    Stephanie Fernandes (holds a pen to demonstrate): Like this.

    Peter Van Sant: Show me. So, you have it up. And he’s coming at you, right?

    Stephanie Fernandes: Yeah.

    Peter Van Sant: And what happens?

    Stephanie Fernandes: That’s when I’m like, “Stay away from me, stay away from me” as he’s screaming, “I’m gonna f****** kill you.” He’s on the other side. And he goes to grab my hand. … and it must have nicked his neck, the one-and-a-half- or two-and-a-half-inch, whatever it was.

    Peter Van Sant: You held the knife that cut your fiancé’s artery and he bled to death. And people would think, well, you murdered him.

    Stephanie Fernandes: My actions led to him dying. They did. But I didn’t make a decision to take his life. I did not want that to happen but if it wasn’t him, that would have been me in the ground.

    WHAT HAPPENED THE NIGHT OF MAY 7, 2014?

    As Stephanie Fernandes’ trial finally approached, her legal team prepared her defense.

    Maura Tansley: Domestic violence or intimate partner violence was central to the entire case.

    Maura Tansley was one of Fernandes’ attorneys.

    Maura Tansley: It set up the nature of the relationship between these two people and I think raised questions about what happened … that night that Mr. Wagner died.

    The trial had been delayed by procedural arguments, and then the COVID pandemic.

    Stephanie had spent those years in home custody, wearing an ankle bracelet. In June 2022, eight years after Andrew Wagner was killed, the murder trial of Stephanie Fernandes finally began.

    Andrew Wagner’s family was there. His mother Melissa, his father Tom, and his sister Jillian Cristaldi. They declined “48 Hours”‘ request for an interview. Surrounded by supporters, they were hoping that by the end of this trial, Fernandes would be behind bars.

    In his opening statement, prosecutor Terry McLaughlin said Stephanie Fernandes stabbed her fiancé, Andrew Wagner, in the neck, cutting an artery and killing him. McLaughlin says that Stephanie told different stories about what exactly happened that night. She said, “He was waving a gun around, so I stabbed him.” And to a neighbor she said, “He hit me, so I hit him.” And McLaughlin said Stephanie had fits of rage and that she was the aggressor.

    Wagner/Fernandes crime scene
    Angelina Fernandes recalls seeing her mother in distress, her mother’s fiancé, Andrew Wagner, on the floor, and blood everywhere. 

    Worcester Superior Court


    Lead defense attorney Peter Ettenberg told jurors that Andrew Wagner was quote “189 pounds of fury and frustration” who violently came at Stephanie and said, “I’m going to kill you.” Ettenberg says Stephanie thought she would be killed, so she acted to protect herself.

    Peter Ettenberg: We believe that when he grabbed her hands and went to go and headbutt her, he pulled and that pulled the knife into his neck.

    But prosecutors presented witnesses who testified Stephanie has a long history of violent outbursts.

    ASSISTANT DA JULIEANNE KARCASINAS: How many times did you see Ms. Fernandes strike Mr. Wagner?

    DANIEL DISTEFANO: Multiple times, ma’am.

    Daniel DiStefano was a friend of Wagner’s and a former police officer. He says he saw Fernandes hit Andy at a wedding reception back in 2010.

    JULIEANNE KARCASINAS: And can you please tell the court where Ms. Fernandes hit Mr. Wagner?

    DANIEL DISTEFANO: She very precisely struck him in the face and the head with a closed fist.

    Peter Van Sant: Do you admit that, at times, you have hit men in your life with a closed fist?

    Stephanie Fernandes: Hit?

    Peter Van Sant: Hit them.

    Stephanie Fernandes: No, I hit, well, yeah, I hit Andy once. … He punched me in the head I punched him back.

    And Stephanie’s former fiancé, Mike Laramee, testified. He told the court that Stephanie pulled a knife on him at his home. This is audio of Laramee’s testimony.

    MIKE LARAMEE: All of a sudden, I heard a ching of a knife coming out of the butcher block. And I came inside, and I hit it out of her hand.

    And there was another knife incident.

    MIKE LARAMEE: She went to my dining room table. And she was gonna carve it up. And I was afraid for my life. I grabbed a chair. And I wasn’t gonna let her come near me with it. … And she stabbed the chair with it like three or four times.

    JULIEANNE KARCASINAS: After this happened, what, if anything, did you do?

    MIKE LARAMEE: I grabbed all the knives. And I got rid of ’em.

    Stephanie Fernandes
    “My actions led to him dying. They did. But I didn’t make a decision to take his life. I did not want that to happen but if it wasn’t him, that would have been me in the ground,” Stephanie Fernandes told “48 Hours” correspondent Peter Van Sant of Andrew Wagner.

    CBS News


    Stephanie Fernandes: The things, that, like, Mike Laramee said are not true.

    Peter Van Sant: You never came after Michael Laramee with a knife in your hand?

    Stephanie Fernandes: I never did.

    Peter Van Sant: You never damaged his furniture with a knife?

    Stephanie Fernandes: No. I did not.

    As Stephanie’s defense began, they called an unusual witness.

    OFFICER PERO: My name is William Pero … I’m a Worcester police sergeant

    The detective who interviewed her the night Andrew died.  The defense showed the jury that police video — a video the prosecutors had decided not to show. In that interview, Detective Pero points out Stephanie’s bruises.

    OFFICER PERO (police video): I look at the bruises on you, OK? And they’re not old —

    STEPHANIE FERNANDES (sitting on floor crying): Please tell me he’s OK —

    OFFICER PERO: — and they’re not old bruises. I mean, they’re fresh.

    Maura Tansley: The fact that there are fresh bruises on her … that’s consistent with how she described Andrew Wagner grabbing her and coming towards her, I don’t know what else … would be better to lay the foundation that she was acting in self-defense.

    OFFICER PERO (police video): You have bruises on your face, on your arm, on your body. … I can see them, Steph.

    Prosecutors show Pero photos taken that night. He says he sees a bruise on her arm, but not on Stephanie’s face.

    TERRY MCLAUGHLIN (showing pictures) And do you see any injuries to the defendant’s face in this photograph?

    PETER ETTENBERG: Objection judge.

    JUDGE: Overruled.

    OFFICER PERO: I do not.

    TERRY MCLAUGHLIN: And do you see any injuries to the face of the defendant in this photograph?

    OFFICER PERO: I do not.

    The prosecutor suggests that during that interview he may have been playing Stephanie.

    TERRY MCLAUGHLIN: Some of your questions or comments are designed to get the person you are interviewing to drop their guard and or talk to you, correct?

    OFFICER PERO: To show empathy and to, to relate to me.

    PROSECUTOR: You want them to start talking, correct?

    OFFICER PERO: I do.

    Two people fought that night back in 2014 and only one survived. The defense decided they had no choice but to put Stephanie on the stand.

    Her defense attorneys walked her through the hours leading up to Andy’s death.

    STEPHANIE FERNANDES: We tried bein’ intimate.

    DEFENSE ATTORNEY MAURA TANSLEY: That morning?

    STEPHANIE FERNANDES: Yes.

    MAURA TANSLEY: OK. And did it happen?

    STEPHANIE FERNANDES: No.

    She says Andy became angry when she made fun of him.

    STEPHANIE FERNANDES: I made the comment as I got outta bed, walkin’ into my bathroom. And he came in there and smacked me a few times.

    Stephanie Fernandes trial
    In June 2022, the murder trial of Stephanie Fernandes began. It had been delayed by procedural arguments and the COVID pandemic. While she awaited trial, Fernandes was on house arrest with a GPS monitor.

    CBS News


    Later that evening, with Angelina upstairs in bed, Stephanie says Andy with a gun in hand, attacked her. 

    STEPHANIE FERNANDES: Hit me in the head with the gun. Choked me. And he wanted … sex. Somehow, we were on the floor, and I was cryin’ and … I ended up gettin’ away … and I ran screaming and away, like, “Don’t come near me. Don’t come near me.” And he was screamin’, “I’m gonna kill you, you f*****’ bitch.” When I ran and I kept on sayin’, “Don’t come near me. Don’t come near me,” I— I—

    DEFENSE ATTORNEY MAURA TANSLEY: Did he, did he listen to you when you said that? Or did he keep coming near you?

    STEPHANIE FERNANDES (crying): It happened so quick where I ran to the kitchen … I picked up a knife and held it and said, “Don’t” like, screaming, anyways, the whole time, “Don’t come near me. Don’t come near me.” Andy, um, ran right to me and said, “Give me the knife, you f*****’ bitch”, and put his hand on my throat, and grabbed my hand, and went to headbutt me … and he went, “Steph, I think I got stabbed.” I just stood there I was in shock. I— we — I think we both were in shock.

    THE CASE AGAINST STEPHANIE FERNANDES

    After Stephanie Fernandes took the stand and told her version of events, the prosecutors got their turn to challenge her as Assistant DA Julieanne Karcasinas zeroed in on Stephanie’s history with men.

    ASSISTANT DA JULIEANNE KARCASINAS: You claim that you were a loyal woman. Isn’t that correct?

    STEPHANIE FERNANDES: Correct.

    JULIEANNE KARCASINAS: Now were you loyal to Andy when you cheated on him with Mike?

    STEPHANIE FERNANDES: I don’t –

    JULIEANNE KARCASINAS: Yes, or no?

    STEPHANIE FERNANDES: I didn’t cheat on him.

    Mike was Mike Laramee.

    JULIEANNE KARCASINAS: Now July 26th, 2013, you were in Niagara Falls. Isn’t that correct?

    STEPHANIE FERNANDES: Correct.

    JULIEANNE KARCASINAS: And you accept a $44,000 engagement ring from Mr. Laramee while on that trip. Isn’t that correct?

    STEPHANIE FERNANDES: That is correct. … I put it on my finger, yes.

    JULIEANNE KARCASINAS: Do you get engaged to all your guy friends?

    STEPHANIE FERNANDES: No.

    On Stephanie’s second day on the stand, the prosecutor tried to pick apart her account of the day Andy died.

    JULIEANNE KARCASINAS: Ms. Fernandes, how many times did Andy choke you that day on May 7th, 2014?

    STEPHANIE FERNANDES: That day?

    JULIEANNE KARCASINAS: Yes.

    STEPHANIE FERNANDES: In the, in the morning and … at the nighttime of the event.

    JULIEANNE KARCASINAS: And then how long did he choke you for that morning?

    STEPHANIE FERNANDES: I’m not sure. I didn’t count. I’m not sure. It was quick.

    JULIEANNE KARCASINAS: And you had no marks on your neck?

    STEPHANIE FERNANDES: I don’t remember.

    Stephanie had described a struggle around the couch in the house that night. But the Assistant DA says the crime scene pictures don’t show any sign of that.

    STEPHANIE FERNANDES: The coffee table was in front of the couch on then —

    JULIANNE KARCASINAS: Yes.

    STEPHANIE FERNANDES: —  at our house, yes.

    JULIEANNE KARCASINAS: Yes, and it’s not pushed out of the way, correct?

    STEPHANIE FERNANDES: I can’t tell with that couch and how close the couch and coffee table is, but it does not look crooked.

    JULIEANNE KARCASINAS: Correct, it’s not pushed to the side or anything like that.

    JULIEANNE KARCASINAS: How was he choking you on the couch?

    STEPHANIE FERNANDES: At one – it — all happened so quick.

    And Karcasinas tries to cast doubt on Fernandes’ recollection of the night.

    JULIEANNE KARCASINAS: So, you do not have a memory of certain parts of that evening, isn’t that correct?

    STEPHANIE FERNANDES: I would say that’s correct, like, the time and stuff like that.

    And finally, Karcasinas questioned Stephanie’s credibility, especially her claims that she had lived her life in fear of Andy Wagner.

    JULIEANNE KARCASINAS: Were you afraid of Andy Wagner when you told him he was stupid?

    STEPHANIE FERNANDES: Yes.

    JULIANNE KARCASINAS: Were you in fear of Mr. Wagner when you said to him, “I hope a car falls on you”?

    STEPHANIE FERNANDES: No.

    JULIEANNE KARCASINAS: And were you in fear of Mr. Wagner when you sent him a photograph … of yourself performing … sex on Michael Laramee? Yes or no, ma’am?

    STEPHANIE FERNANDES: No.

    JULIEANNE KARCASINAS: No further questions, Your Honor.

    STEPHANIE FERNANDES: Thank you.

    JUDGE: Alright.

    Both sides called in domestic violence experts who interviewed Stephanie. Carol Ball testified for the defense saying that Andrew Wagner’s escalating verbal threats and physical violence left Stephanie with Post Traumatic Stress Disorder.

    CAROL BALL: My opinion is that she experiences the symptoms of battered woman syndrome also known as intimate partner violence. … That cycle repeats itself over and over.

    And prosecutors called up their expert, David Adams, who concluded that Andrew — not

    Stephanie — was the victim of abuse.

    DAVID ADAMS: Well, I — I actually didn’t see any evidence that she was fearful of him.

    Maura Tansley: I think this case raises some interesting questions about what it means to be a victim. Stephanie is not a sympathetic victim, right. … she is a flawed person and yet she is still a victim and still has a right to act in self-defense. … it’s much easier for us to understand someone as a victim of domestic violence where they have a perfect past, where there’s no other anger issues or anything else, but that’s not what we have.

    The defense believes that this case will ultimately come down to whether jurors believe Stephanie intentionally murdered Andrew Wagner. A medical examiner who testified couldn’t say for sure.

    Peter Ettenberg: He couldn’t rule out the fact that this was an accident.

    And after 10 days of witnesses, the defense presented their closing arguments.

    DEFENSE ATTORNEY PETER ETTENBERG: She picked up a knife and said, “Andy, stay away. Stay away.” He didn’t. This time for whatever reason it was too much. And the prosecution hasn’t proved that this wasn’t an accident. And they have not proved that it wasn’t in self-defense. … What the prosecution hasn’t proved is that Stephanie Fernandes is a murderer.

    Prosecutor Terry McLaughlin disagreed.

    ASSISTANT DA TERRY MCLAUGHLIN: She’s the aggressor. She’s the one with the temper. She’s the one with the mouth. … Ladies and gentlemen, I would suggest to you that this is first-degree murder. Premeditated and planned.

    TERRY MCLAUGHLIN: She got him from the side, or she got him from the back from behind. … She grabs the knife, and she stabs him when he’s not lookin’ or he’s not ready for it.

    With that argument, the case would go to the jurors.

    SELF-DEFENSE, ACCIDENT OR MURDER?

    If convicted of first-degree murder, Stephanie Fernandes could face life in prison.

    Peter Van Sant: But the question is, did you murder him?

    Stephanie Fernandes: No. … It makes me nauseous just to even think of that.

    After about 9 hours of deliberation, jurors reached their verdict: guilty of a lesser charge —  voluntary manslaughter —  which carries the possibility of up to 20 years in prison. Shane Bernard and Gayla Bieksha sat on the jury.

    Shane Bernard: I think they’re both – that both of them are equally controlling and abusive to each other, you know.

    Gayla Bieksha: I agree.

    Gayla Bieksha: I think they were both in this vicious cycle that just, they couldn’t stop themselves.

    Shane Bernard: He was a more physical abuser where she was more psychological abuse.

    Gayla Bieksha: I do believe she didn’t want to kill him, but she did.

    As for Fernandes’ claims of self-defense, juror Gayla Bieksha believes Wagner made contact with the knife when Stephanie says he attempted to headbutt her.

    Gayla Bieksha: The headbutt was a huge piece for us.

    Shane Bernard: Yeah, right.

    Gayla Bieksha: We … went off the medical examiner’s report saying that the knife went in from the front. The angle was in from the front and downward.

    Shane Bernard: And that she had actually had a stabbing motion. So that, that in a sense, was what ruled out self-defense.

    Before sentencing, Andrew Wagner’s family finally got to speak directly to the woman they believe murdered their son and brother.

    JILLIAN CRISTALDI: My name is Jillian Cristaldi. I am the sister of Andrew.

    My parents and I have waited to speak, to have a voice, to give my brother a voice, and to get him the justice that he deserves, to clear his name from the blatant lies that have been spewed from Stephanie Fernandes and her attorneys’ mouths for over eight years.

    When you look at Stephanie Fernandes, you are looking at a face of evil, of someone who gives no consideration for her actions, who is incapable of love, and has shown no remorse or guilt for killing my brother.

    The Wagner family
    Andrew Wagner’s mother, Melissa Wagner, pictured with her husband and daughter, addressed the court at Fernandes’ sentencing. She said that Stephanie took everything from her son, and justice needed to be served

    CBS News


    Andrew’s mother Melissa Wagner.

    MELISSA WAGNER: She took away Andrew’s joy and love of life. She took away all of Andrew’s family and friends. She took away Andrew’s dreams of a family of his own. She took away all of Andrew’s money. She took away Andrew’s dignity and self-respect. And when there was nothing, nothing, nothing left for her to take, she took away Andrew’s life. … I beg you Judge Reardon, and I beg you, I beg you, I beg you, take away the one thing that matters most to her. Take away her freedom for as long as possible. Please, please, please. Thank you.

    JUDGE REARDON: I realize that no sentence I impose in this case can do perfect justice.

    Judge James Reardon reminds everyone that Stephanie Fernandes was found guilty not of murder, but of voluntary manslaughter.

    JUDGE REARDON: Ms. Fernandes is being sentenced for that conviction. Not for her relationship with Andrew Wagner or any other individuals or for her past life.

    JUDGE REARDON: I sentence Stephanie Fernandes to a term of not more than 10 years and not less than eight years in state prison.

    Peter Van Sant: After all this … According to what you have said, Andrew struck you, chocked you, threatened you with a pistol … do you still have some sort of emotion for this man? Some sort of love for this man?

    Stephanie Fernandes: I do. I know it bothers a lotta people. I will always love him.

    Stephanie Fernandes and Andrew Wagner
    Stephanie Fernandes says she will always love Andrew Wagner.

    Maura Tansley/Defense team


    Stephanie says the night Andy died could have been avoided.

    Stephanie Fernandes: Maybe the night wouldn’t have happened if I’d got him help. If I got us counselin’, if I got him therapy.

    Peter Van Sant: Angelina, why did this happen?

    Angelina Fernandes: Because he was abusive, and my mom was his victim.

    Peter Van Sant: But his family blames your mother for that.

    Angelina Fernandes: They’re going to believe what they want to believe. … I can’t imagine the pain they’re going through. I don’t think they want to see their deceased son that way. … So, they’re trying to blame my mom for all of the wrong he did towards her.

    Angelina is now studying to become a forensic psychologist and she hopes to work with victims in court and with children. Angelina says she looks forward to the day she’ll be able to reunite with her mom.

    Angelina and Stephanie Fernandes
    Angelina looks forward to the day she’ll be able to reunite with her mom. 

    Angelina Fernandes/Instagram


    Angelina Fernandes: When she’s out of jail, she’ll be able to see all of my successes and she’ll be able to see everything that I’ve accomplished. … I want to accomplish all of my dreams so my mom can experience the happiness afterwards.

    If you or someone you know is a victim of intimate partner violence, call the National Domestic Violence Hotline at 1-800-799-7233.

    Stephanie Fernandes’ trial lawyers say she may be eligible for parole as early as 2026.


    Produced by Chuck Stevenson. Hannah Vair is the field producer. Ryan Smith and Tamara Weitzman are the development producers. Annabelle Allen is the broadcast associate. Greg Kaplan, Michelle Harris, and Grayce Arlotta Berner are the editors. Anthony Batson is the senior broadcast producer. Nancy Kramer is the executive story editor. Judy Tygard is the executive producer. 

    [ad_2]

    Source link

  • What Angelina Saw

    What Angelina Saw

    [ad_1]

    What Angelina Saw – CBS News


    Watch CBS News



    A young girl peeks out of her bedroom to see blood on the floor and her mother in distress. As an adult she looks back on a night that changed her life. “48 Hours” correspondent Peter Van Sant reports.

    Be the first to know

    Get browser notifications for breaking news, live events, and exclusive reporting.


    [ad_2]

    Source link

  • Surveillance video captures the brutal kidnapping of a tech executive — but what happened off camera?

    Surveillance video captures the brutal kidnapping of a tech executive — but what happened off camera?

    [ad_1]

    This story originally aired on April 2, 2022. It was updated on Aug. 19, 2023.

    Tushar Atre, a successful tech-executive-turned-cannabis-entrepreneur had a multimillion-dollar home on the California coast, where he spent his free time surfing.  His dream house turned into a crime scene in October 2019 – grainy surveillance video from that time shows he was attacked and kidnapped near his home. He was later found stabbed and fatally shot on his cannabis farm in the Santa Cruz mountains. 

    The two crime scenes provided few clues, though guests inside Tushar’s home told detectives they heard the intruders demanding to know the location and combination of his safe.

    Investigators from the Santa Cruz County Sheriff’s Office did have that grainy surveillance video, which captured what happened on Tushar’s street from the moment three shadowy figures entered the neighborhood and walked toward his house. Minutes later, Tushar is seen running and then is tackled. He is repeatedly stabbed and eventually pushed into a BMW the suspects stole from his driveway, before they all drive away.

    Who were those figures, and why would they want Tushar Atre dead? As “48 Hours” contributor Tracy Smith reports, it’s a mystery that investigators would spend more than seven months unraveling.

    WHAT HAPPENED ON PLEASURE POINT DRIVE?

    In the hours after Tushar Atre went missing on October 1, 2019, his tight-knit Pleasure Point community was on edge.

    Reporter Maria Cid Medina covered the story for the Bay Area’s local CBS station KPIX.

    Maria Cid Medina: We started knocking on his neighbors’ doors. … Everyone was spooked. You could really see the fear in people’s eyes when you talked to them.

    tushar-atre.jpg
    Tushar Atre

    Rachael Emerlye


    Who would target the 50-year-old tech exec-turned-cannabis entrepreneur, and would they be back for anyone else? The crime scene provided few clues.

    Tracy Smith: You’ve got a missing businessman, a pool of blood, missing car, what are you thinking?

    Steve Cercone: What I would be thinking … is that … This is a very unusual case, and potentially a very, very serious felony has just occurred.

    Steve Cercone is a former California police chief and a “48 Hours” consultant who’s reviewed the case.

    Tracy Smith: Was there anyone else in the house at the time when he was kidnapped?

    Steve Cercone: There were several people in the house.

    atre-house.jpg
    Tushar Atre’s house in the Pleasure Point area of Santa Cruz, California, described as a  high-end, affluent surfing community.

    Among them one of Tushar’s employees who heard a commotion around 3 a.m.

    Mary Fulginiti: One witness … hears three different voices, one of them is Tushar’s and the other are two unidentified males.

    Attorney Mary Fulginiti is a former federal prosecutor and also a “48 Hours” consultant.

    Mary Fulginiti: He hears Tushar screaming at times.

    Steve Cercone: He heard the suspects tell him to get on the ground …

    Mary Fulginiti: “Put your hands behind your back.” “Where is the safe and what’s the combination?”

    Steve Cercone: Tushar pleading with them … “how can we make this right?”

    Tracy Smith: Tushar knew these guys?

    Steve Cercone: It seems like … he knew these guys. 

    The employee in Tushar’s house called 911 at 3:34 a.m., half an hour after the attackers had driven off with Tushar in a white BMW belonging to his girlfriend Rachael Emerlye.

    Tracy Smith: So, Rachael’s BMW’s missing, where’s Rachael?

    Steve Cercone: Apparently Rachael was back east in … Massachusetts when this happened.

    Rachael says she learned about Tushar’s kidnapping when investigators called her.

    Rachael Emerlye: I was trying to piece together what this all meant over the phone. “I was just there. What do you mean? He didn’t seem like he was in danger.”

    Investigators learned Rachael wasn’t just Tushar’s girlfriend, she was also his partner in the cannabis business, which they had started together after they met in 2017.

    Rachael Emerlye: They asked me straightaway “Where’s the pot farm?”

    The “pot farm” was 60 acres of open land nestled in the Santa Cruz mountains known as the Summit property, where Tushar could legally grow cannabis for research. He was planning to manufacture medicinal cannabis products.

    Claire Machado: Who would kidnap him? … You know, who would take this guy?

    Claire Machado, Tushar’s right hand in various business ventures, learned the news about the disappearance from Rachael.

    Claire Machado: I called his phone. I said, “wherever you are, we’ll find you.”

    Rachael Emerlye: I had such hope. Every (crying) second I held on to that, for hours and hours.

    Tushar Atre evidence
    About six hours later, in the Santa Cruz mountains where Tushar had his cannabis farm, investigators found the missing BMW.

    Evidence photo


    Around 9:30 that morning — six hours after Santa Cruz County Sheriff’s deputies had responded to the 911 call from Tushar’s Pleasure Point address — investigators located the white BMW 14 miles away at his Summit property. There was blood on the outside and inside of the vehicle. And 20 to 30 yards away, they found the bloody body of Tushar Atre.

    Steve Cercone: Face down, and his hands were handcuffed in the back with flex-ties … An apparent gunshot wound to the back of the head … He had been stabbed multiple times. … and nearby they also found five shell casings from a .223 rifle. … That’s an assault rifle.

    Tracy Smith: Did it look like an inside job?

    Steve Cercone: That’s what … I’m sure was running through … the investigators’ minds … how would they know where to go? They found him at his house … brought him up to his secondary property. So … they knew Mr. Atre.

    Nothing about the kidnapping or the murder indicated this was a random act, says Cercone.

    Tracy Smith: It had to have been someone close to him?

    Steve Cercone: It appears that it was definitely someone close to him.

    Rachael was on her way to catch a flight back to Santa Cruz when she got the news that Tushar was dead.

    Rachael Emerlye: Worst phone call of my life (crying) … When you’re in your car you can just scream. 

    But detectives had more questions for Rachael as soon as she got to Santa Cruz.

    Tracy Smith: Pretty standard to talk to the girlfriend?

    Mary Fulginiti: Oh, absolutely.

    Rachael Emerlye: I think they wanted to know … “are you happy with this person?”

    It was complicated.

    Rachael Emerlye: It’s definitely hard to be in a relationship and run a business together.

    atre-tushar-rachael.jpg
    Rachael Atre and Rachael Emerlye.

    Rachael Emerlye


    For the past six months, Rachael and Tushar had been living on opposite coasts while Rachael says she was working on expanding their medicinal cannabis business. They were focused on getting the Food and Drug Administration to approve their cannabis product. 

    Rachael Emerlye: We’d gotten it to the point where we felt like this is the product we were trying to make.

    The couple had met two years earlier while she was renting one of his many Santa Cruz properties. 

    Rachael Emerlye:  He … came in and asked, “do you wanna go surfing?” … and beginner’s luck, caught a wave … and he was like, “yeah, yeah! Amazing, you’re amazing.”

    And Tushar was intrigued by Rachael’s background in the world of cannabis, where her expertise was in agriculture and business development.

    Rachael Emerlye: It just seemed natural that he would pick my brain about my industry.

    They ultimately moved in together into his multimillion-dollar waterfront house. And Rachael says she invested her entire inheritance — about $300,000 — in their new cannabis venture.

    Rachael Emerlye: Tushar helped through my mom passing. When you see that side of somebody, you can be sure they love you. 

    But mixing love and business came with some risks. Rachael’s contributions to the enterprise weren’t documented on paper, and that, says Claire, become a source of friction in the relationship.

    Claire Machado: She didn’t have anything to show the level of investment, and he acknowledged that with me.

    And Claire says having informal agreements wasn’t unusual for Tushar.

    Claire Machado: He played hard and fast and wasn’t really good at documenting it in writing. 

    Still, Claire and Rachael say Tushar was working on adding Rachael’s name to the business, and that things were going well. 

    Rachael Emerlye: Tushar always had the intentions for us to have written agreements. He was very kind to me in business.

    Claire Machado: Rachael was still in love with him, she wasn’t that pissed off. She wanted to work it out with him.

    Now both women were trying to figure out why anyone would want Tushar dead.

    Claire Machado: Everyone loved Tushar … most everyone loved Tushar.

    Claire Machado: Rachael had expressed to me … that Tushar was receiving threatening phone calls.

    Steve Cercone: This was a whodunit from the start.

    Maria Cid Medina: There were not immediate suspects …. you got a sense that investigators did not have any leads in this case.

    But there was one lead — grainy surveillance video of three figures approaching Tushar’s home.

    A LONG LIST OF POTENTIAL SUSPECTS

    Maria Cid Medina: What set the tone about this story is that there were a lot of rumors … We had to sift what was truth and what was rumor.

    While investigators weren’t naming any suspects in Tushar’s case, rumors persisted about Rachael.

    Maria Cid Medina: That was our first question, was Rachael connected to his murder?

    Claire Machado: I feel the most sorry for Rachael. She’s had to grieve … as well as defend herself.

    MARIA MEDINA | KPIX NEWS REPORT: Investigators did not say what connection, if any, the suspects had with Atre. They did say, however, that his girlfriend is not a suspect.

    Tracy Smith: So, it was easy to rule her out pretty early on.

    Mary Fulginiti: I think so. 

    Mary Fulginiti: If anything, she loses more with him being deceased than she does with him being alive.

    Maria Cid Medina: You got this sense that investigators did not have any idea who his killers were. Three weeks later … investigators announced that there would be a $25,000 reward for information leading to an arrest.


    Who wanted to kill Tushar Atre?

    02:14

    But as the weeks turned into months, and after several appeals by Sheriff Jim Hart for the public’s help, the investigation seemed to stall.

    Maria Medina: There was a desperate plea to the public to find these killers.

    In mid-November, nearly a month-and-a-half after Tushar was murdered, the sheriff’s office raised the reward to $150,000, and this time they asked for help in identifying three suspects seen in the eerie surveillance video as they approached Tushar’s house moments before the attack.

    Maria Cid Medina: It was the first time that we ever heard investigators had … any sort of evidence from that scene.

    One of the three shadowy figures, investigators say, is carrying an assault rifle. 

    Tracy Smith: What kind of criminals walk through a residential neighborhood with an assault rifle in plain sight?

    Steve Cercone: Yeah, not real wise. … at any moment they could have been spotted.

    Maria Cid Medina: You felt goosebumps, because you knew what was going to happen next.

    But the video didn’t generate any new leads, deepening the mystery around the murder, Tushar, his business dealings and the people who worked for him. Reporter Maria Cid Medina dug deeper into his background.

    Maria Cid Medina: Tushar had a different side to him, a darker side. I started to search online after his neighbor said that he had made enemies … connected to his business dealings.

    There were accusations from Tushar’s investors that he was dealing in the cannabis black market, though Claire insists he was doing everything by the book.

    Claire Machado He wasn’t a gang-related mafia-related drug lord kind of a guy.

    Even if Tushar wasn’t a mob boss, he had quite a reputation as a bad boss – and not just in the cannabis business, according to online reviews by ex-employees. 

    Maria Cid Medina: I discovered on Glassdoor.com, his company, AtreNet. … One employee wrote, “The CEO, Tushar Atre, doesn’t value anyone but himself.” … Another … wrote, “Total abusive nightmare. The worst employment experience of my life. You’ve been warned. Run away now.”

    Even friends told investigators the charismatic businessman enjoyed being confrontational.

    Claire Machado: He challenged his employees to try to always do their best. And even though that was tough, I appreciated that about him a lot.

    But not everyone appreciated it.

    Mary Fulginiti: He had a lotta people apparently in his past that had it out for him … people that had rammed into his vehicle, people that had taken his property and … destroyed it.

    Steve Cercone: A lot of it had to do with money. Money that was not paid.

    Investigators learned Tushar was notorious for withholding people’s pay. When he did it to Claire, she quit.

    Claire Machado: He came and found me and hired me back. And at that point, he was a lot nicer to me.

    Claire says she was helping him change his management style. 

    Claire Machado: He wanted loyalty, and you might get loyalty through fear, but not the same kind of loyalty that you get through love … I believe he learned that in the end, and he was trying to make a number of things right.

    Rachael Emerlye: He would come up with these challenges for himself … and he said, “I’m on day 13 of no yelling” (giggles).

    As the list of Tushar’s disgruntled employees and associates grew, so did the potential suspects. From investors who’d poured over $4 million into his cannabis company and were unhappy with the way Tushar was managing the funds to a subcontractor with whom he’d had a heated argument the night of the murder, Santa Cruz County Sheriff’s detectives would have to talk to them all.

    Tracy Smith: As investigators started digging and talking to people, were there any names that kept coming up?

    Steve Cercone: Two of the names that kept popping up were Stephen Lindsay and Kaleb Charters. …who didn’t work for him very long.

    Tracy Smith: Because they had a beef with him?

    Steve Cercone: They had a significant beef with him over a payment.

    Kaleb Charters and Stephen Lindsay
    Kaleb Charters, left, and Stephen Lindsay working on Tushar Atre’s Summit property. 

    Santa Cruz County Court


    Kaleb Charters, 19 and Stephen Lindsay, 21, can be seen in video working on Tushar’s Summit property in August of 2019, just a couple months before Tushar’s murder.

    Tracy Smith: What did employees say about them?

    Steve Cercone: They said they were not very happy with Mr. Atre. … apparently, he’d made them do push-ups … in front of other people, which … if that were the case, they were most likely humiliated.

    Tracy Smith: Tushar actually made them do push-ups as, like, a — punishment?

    Mary Fulginiti: Yeah. … And then ultimately doesn’t pay ’em.

    Steve Cercone: After they received the check, the check had been canceled.

    In December 2019, Santa Cruz County Sheriff’s detectives traveled to Las Vegas where Kaleb Charters and Stephen Lindsay had moved, to question them.

    Mary Fulginiti: During that interview … Lindsay did say … He wanted to get into a fight with this guy … He wanted the money that Tushar owed him … And he actually wanted to get into a physical altercation, and he told the police this.

    Steve Cercone: He finally paid them again. But this time, he paid them only partially.

    Lindsay was shown the grainy surveillance video of the three suspects and denied knowing them. Both men said they hadn’t even been back to Santa Cruz since they stopped working for Tushar in late August.

    Tracy Smith: Did they make it sound like, oh, the beef was all over?

    Steve Cercone: Yeah. They said … they had … settled it and they were not gonna work for him anymore.

    Detectives left Las Vegas without arrests, and by January 29, 2020, the sheriff increased the reward again, to $200,000.

    SHERIFF JIM HART: Someone out there knows something about this case, and we hope that the … information we’re releasing today jogs their memory …

    Investigators also shared the kidnappers’ suspected route from Tushar’s home to the Summit property.

    Maria Cid Medina: It seemed that they were desperate for any clues from the public.

    But what police weren’t sharing with the public was additional surveillance video that captured what happened on Pleasure Point Drive that night.

    Maria Cid Medina: Tushar did put up a fight. And at some point he was able to get away from his kidnappers. 

    FOLLOWING THE DIGITAL TRAIL

    While investigators had only released to the public a small portion of the surveillance video showing those shadowy figures approaching Tushar’s home, there was a lot more video from that night they were analyzing for clues. 

    atre-running.jpg
    Surveillance video from the early hours of October 1, 2019, shows Tushar Atre, right, being chased by one of the suspects. Atre’s hands are bound behind him.

    Santa Cruz County Court


    Steve Cercone [watching the surveillance video]: As you’ll see here, Mr. Atre breaks from the driveway, and he runs.  He’s pursued by one of the suspects. He tackles him right here.  And then as you can see … there’s a struggle.

    A few moments after his attackers leave him, Tushar somehow finds the strength to pull himself up and make one more dash for freedom – until one of the suspects stops him again.

    Moments later, the BMW appears and Tushar is pushed into the front seat before the car speeds away.  

    Tushar Atre evidence
    After being tackled, Tushar is able to get up and run again before being pushed into the BMW.

    Santa Cruz County Court


    For months, investigators analyzed the video and footage from other cameras near the crime scene and along the route to the Summit property where Tushar’s body was found.

    Finally, more than seven months later, arrests.

    MARIA CID MEDINA | KPIX NEWS REPORT: Breaking news out of Santa Cruz County, where investigators just announced they’ve made several arrests in the kidnapping and murder of a tech CEO.

    On May 19, 2020, the Santa Cruz County Sheriff’s Office had four suspects in custody.

    SHERIFF JIM HART [to reporters]:  I’ve been in this job for 32 years. I can tell you there is compelling evidence against these four people. We have the right people.

    LT. BRIAN CLEVELAND [to reporters]: 23-year-old Joshua Camps … 22-year-old Kurtis Charters … 22-year-old Steven Lindsay … and 19-year-old Kaleb Charters.

    Tushar Atre murder suspects
    On May 19, 2020, the Santa Cruz County Sheriff’s Office arrested, from left, Stephen Lindsay, Kurtis Charters, Kaleb Charters and Joshua Camps. All four were charged with murder, kidnapping, and robbery. They have all pleaded not guilty.

    Santa Cruz County Sheriff’s Office


    That’s right – the same Stephen Lindsay and Kaleb Charters who had worked for Tushar and admitted they once had a bitter pay dispute with him. Remember, detectives had interviewed the pair just two months after the murder.

    LT. BRIAN CLEVELAND [to reporters]: Their names had come up early. And then as we went through the investigation, we gathered more and more information on this group.

    Suspects Kurtis and Kaleb Charters were brothers and Lindsay was their brother-in-law. Joshua Camps was a friend.  

    Maria Cid Medina: These were four young guys.

    All four suspects charged with murder, kidnapping, and robbery.

    None of them had a criminal history. In fact, Stephen Lindsay and Kaleb Charters were members of the Army Reserve. At the time of the arrest, Lindsay, who goes by Nick, was attending a city college in Los Angeles, along with Kurtis, where they were producing student videos. Kaleb was in Michigan, and Josh Camps was about to get married.

    But if Lindsay and Charters were on Santa Cruz County Sheriff’s radar back in December, why had it taken another five months to arrest them?

    SHERIFF JIM HART [to reporters]: When you look at the evidence that we had on October 1st and October 2nd, we had a murder scene … we had a home invasion-kidnapping scene in Pleasure Point, and we had a really grainy video. That was it.

    Tushar Atre surveillance video
    Three hooded figures are seen on surveillance video walking in the direction of Tushar Atre’s house on Pleasant Point Drive on October 1, 2019.

    Santa Cruz County Court


    But at a preliminary hearing in October 2021, prosecutors would set out to prove those shadowy figures in the grainy surveillance video were their suspects.  Cameras were not allowed at the proceedings.

    The state had to convince a judge they had enough evidence to try Stephen Lindsay, Joshua Camps, and Kaleb and Kurtis Charters for robbing, kidnapping and ultimately murdering Tushar Atre. The Santa Cruz County Sheriff’s Office laid out their monthslong, meticulous investigation, piece by piece.

    Steve Cercone: I think the … evidence here … is very compelling. And the Santa Cruz County Sheriff’s Office, the investigators did an amazing job.

    Tracy Smith: How important was digital evidence in this case?

    Steve Cercone: Digital evidence may make this case.

    Early on, detectives had identified a blue sedan. It was seen on several surveillance cameras on October 1, 2019, heading to Tushar’s home before the abduction and then minutes later heading towards the Summit property. That piece seemed to fall into place when they learned Josh Camps owned a blue Camry. And sure enough, when they showed up to arrest him … 

    Steve Cercone: The blue Camry was also there.

    Tracy Smith: The car that got them to Santa Cruz.

    Believing they had the suspects’ ride parked in his driveway, investigators also had a search warrant for the rest of Camps’ house — not knowing just how much clearer the picture was about to become.

    Tracy Smith: What did investigators find when they searched Josh Camps’ house?

    Steve Cercone: Yeah. They found a lot of — lotta firearms. They found some flex-cuffs. … And they had the same … manufacture date that were on the wrists of Mr. Atre.

    Tracy Smith: Did any of these guns match the murder weapon?

    Steve Cercone: They did not. 

    Even though Camps didn’t have the murder weapon, investigators say he did have ammunition that matched the spent rounds found near Tushar’s body.

    And prosecutors revealed investigators had also found other forensic evidence.

    Mary Fulginiti: What we learned … from the preliminary hearing is that there were two prints — palm prints of Kurtis Charters’ that were found on the BMW.

    Tracy Smith: And that’s it?

    Mary Fulginiti: That’s all the forensic … evidence that was introduced at the preliminary hearing.

    Placing Kurtis in the BMW was a start. But needing more, investigators turned to the suspects’ cell phones.

    They didn’t find any data for Stephen Lindsay for the night of the murder.

    Tracy Smith: So why don’t we have Stephen Lindsay’s cell phone data?

    Steve Cercone: Yeah. So, the investigators found out that Stephen Lindsay — his phone had been shut off from the 27th of September till October 5th. So that’s about eight days. And I don’t know anybody … in their early 20s that would have their cell phone off for eight days.

    When detectives talked to Lindsey in Las Vegas back in December 2019, he told them he was home the night of the murder. But in a group text from that night, Lindsay’s wife suggests she didn’t know where he was.

    Steve Cercone: She was texting Stephen, her husband, and her two brothers, Kaleb and Kurtis, for hours, wondering where they were. … That shows the three of them were likely together because she is reaching out to all of them together.

    Investigators hoped cell tower data for Kaleb and Kurtis Charters, as well as Josh Camps, would help connect the dots. They were able to plot their locations on a map, providing the routes each device took. And there it was.

    Steve Cercone [pointing to map]: So, this is the surveillance camera showing … the Camry going towards Mr. Atre’s house at Pleasure Point Drive.

    night-of2.jpg
    The three figures are seen as they emerge from the alley and towards Tushar Atre’s home at  2:48 a.m. on October 1, 2019.

    Then, at around 2:48 a.m., their phones ping off a tower covering Tushar’s neighborhood at exactly the point those figures were caught on camera emerging from the alley heading towards Tushar’s house.

    Mary Fulginiti: That was critical. That actually puts these individuals, or at least their phones, in the right location, in the right place to be able to start to corroborate this video that really shows a large chunk of the crime.

    At the same time, Kaleb Charters’ phone and the blue sedan are seen traveling away from Tushar’s house towards the Summit property.

    Tracy Smith: So now we’re in a different location. This is on the way up to Summit?

    Steve Cercone: Yeah … now the detectives … have placed Kaleb’s phone — on the way to the Summit right here … off of Highway 17— in the Santa Cruz mountains.

    Followed 17 minutes later by Kurtis Charters’ and Joshua Camps’ phones and the white BMW carrying the stabbed and gravely injured Tushar.

    Steve Cercone and Tracy Smith
    Steve Cercone and Tracy Smith look at a map tracking the cell phone data of the suspects around Tushar Atre’s Summit property the morning of his murder.

    CBS News


    Tracy Smith: What do we see here?

    Steve Cercone: So now you have all three cell phones of the suspects placed in an area … around the Summit property. That’s pretty clear. At 3:36, 3:35, 3:36 in the morning on the day of — the murder.

    The cell phone data bolstered the investigation theory that Kaleb Charters had dropped off his codefendants and waited for them at the Summit property.  And that Kurtis Charters and Joshua Camps had participated in the kidnapping at Pleasure Point Drive. But there was no direct evidence placing Lindsay at either crime scene.

    Mary Fulginiti: There’s no eyewitnesses, there’s no fingerprints, there’s no DNA, there’s no physical evidence linking him to the crime.

    But investigators believed that video showed what Stephen Lindsay had done.

    A PERFECT TARGET?

    Rachael Emerlye: He had a really bright flame … I don’t know why anybody would want to dull that.  

    Tushar’s flame might still be burning brightly, if not for a chance encounter less than two months before his murder that had led Stephen Lindsay and Kaleb Charters directly to the successful CEO’s waterfront doorstep.

    Claire Machado: He had the dream beach house, he was a surfer, he was driving a Porsche … anybody looking at that lifestyle who didn’t have it could be easily jealous of it.

    Tushar had hired Lindsay and Charters after one of them had made a telemarketing call to one of Tushar’s associates.

    Steve Cercone: It was very random. … And they came up to Santa Cruz. And … he let them … into his home.

    That’s when former police chief Steve Cercone says they got a glimpse of Tushar’s lavish lifestyle.

    Steve Cercone: They got close enough to him to learn a lot about his operation, about his wealth.

    And in Tushar Atre, the suspects had found a perfect target.

    Tracy Smith: He actually gave them a tour of his home?

    Steve Cercone: Yeah … and showed ’em where his bedroom was.

    Tushar Atre evidence
    The safe, located in Tushar Atre’s bedroom, held $80,000 in cash.

    Evidence photo


    The bedroom was where Tushar kept his safe, and in it, say investigators, more than $80,0000 in cash.

    Steve Cercone: This is very unusual. And very risky.

    Tracy Smith: What does that say about Tushar Atre?

    Steve Cercone: I think Tushar was pretty naïve at times.

    Was that safe one of the reasons they targeted Tushar that night? 

    Steve Cercone: This is the alleyway that they came down …

    Tushar Atre surveillance video
    Investigators say one of the three suspects on surveillance video, highlighted, was holding an assault rifle. 

    Santa Cruz County Court


    If the idea was to rob the millionaire, the plan had gone horribly awry. At the preliminary hearing, the prosecution would lay out their case, playing that shocking surveillance video. Investigators say the three shadowy figures walking towards Tushar’s home that night were Stephen Lindsay, Kurtis Charters, and Joshua Camps – seen in the video, they say, carrying an assault rifle. Cameras had been rolling from the moment they entered Tushar’s neighborhood on Pleasure Point Drive.

    Tracy Smith [walking with Cercone on Pleasant Point Drive and pointing to a security camera]: Down this way … So, the first camera … that captures them is right over there?

    Steve Cercone: Right. Right.

    What happens next is chilling.

    Steve Cercone [pointing to monitor with surveillance video]: Right here is 70 yards from there to there.

    Steve Cercone: Mr. Atre is gonna sprint from his driveway … he’s gonna run down Pleasure Point … as fast as he can go with his hands tied behind his back. And he gets tackled.

    Tracy Smith: Who’s that?

    Steve Cercone: That right there is … Stephen Lindsay … This is a brutal, brutal attack.

    According to the investigators, Lindsay is the first to attack Tushar.

    Steve Cercone: And if you watch the suspect’s hands, it looks like he’s stabbing him repeatedly.

    Tracy Smith: Yikes.

    Steve Cercone: With a poking motion.

    Mary Fulginiti: And then you start to see … a little bit of a dark substance, which … later they were able to determine was blood.

    Next, say investigators, comes Josh Camps.

    Mary Fulginiti: You see Josh Camps running, handling something to Stephen Lindsay. Stephen Lindsay runs back to the house. 

    Tracy Smith: What do you think was handed off between Stephen and Josh?

    Mary Fulginiti: If I had to guess I would say … keys to the white BMW.

    Seconds later, investigators say, after Lindsay runs back toward the house, the BMW headlights come on as Camps continues the attack.

    Steve Cercone: [describing the surveillance video]: Camps then holds him down and … Now he looks like he’s stabbing him directly, viciously

    Mary Fulginiti: Jabbing him and jabbing him. … And then Stephen Lindsay comes driving vehicle, which we end up learning was the white BMW.

    As the glistening pool of blood gets bigger, the BMW pulls up.

    Steve Cercone: Now, watch what Mr. Atre does. This is —in a survival mode right here. In really good shape.

    Tracy Smith: Oh my gosh —

    Steve Cercone: He gets up. He’s handcuffed, pool of blood there, and he runs.

    Wounded and bleeding, Tushar attempts to get away a second time, but investigators say Kurtis Charters goes after him.

    Tracy Smith [pointing to surveillance video]: And this is Kurtis?

    Steve Cercone: This is … Kurtis, yeah, running after him.

    Tracy Smith: Tushar was fighting for his life.

    Steve Cercone: Yeah … I’m sure he was doing everything he could to get away from these guys.

    Mary Fulginiti: They go after him with the vehicle this time. …And … Kurtis is the one that ultimately grabs him and puts him in the car. And then they all drive away.

    About six hours later, Tushar’s body would be found 14 miles away at his Summit property, riddled with stab wounds and a fatal wound gunshot wound to the head.

    At the time of the arrests, Santa Cruz County Sheriff’s investigators announced that Tushar’s kidnapping and murder was a robbery gone wrong. 

    LT. BRIAN CLEVELAND [to reporters]: These people wanted monetary gain and took advantage of the situation.

    But the brutality of the case suggests there may be more to the motive.

    Steve Cercone: This is a very, very curious case … a lot of it doesn’t make a lotta sense.

    Tracy Smith: If this was a robbery, why chase him, tackle him, and take him away?

    Mary Fulginiti: If this is truly just a simple robbery and all you care about is the money in the house and nothing else, once he runs away you let him go. You grab the money then you get out of dodge.

    But as investigators would later learn, what set in motion the attack that night was anything but simple. 

    Tracy Smith: This is about more than just money.

    Mary Fulginiti: It’s definitely about more than just money.

    WHO SHOT TUSHAR ATRE — AND WHY?

    The harrowing surveillance video of Tushar Atre fighting for his life gave investigators compelling evidence – a record of what happened in the street.

    But what happened off camera? The biggest questions: Who shot Tushar?  And why?

    The answers may come from Kaleb Charters, Kurtis Charters and Josh Camps. They started talking the day they were arrested. But Stephen Lindsay never said a word.

    Tracy Smith: What was Kaleb’s role in this?

    Steve Cercone: His role, he admitted was to drop them off … and he went up to the Summit property.

    Kaleb Charters’ admission he was the driver matches his cell data and that surveillance video of the blue car heading in the direction of the Summit property. With their ride 14 miles away, Steve Cercone suggests the group had planned to steal a car all along.

    Tracy Smith: That they knew … they could take that BMW.

    Steve Cercone: That they knew that they could take that BMW.

    Kaleb Charters’ interview provided investigators his version of how the robbery was supposed to play out.

    Mary Fulginiti: Kaleb’s interview actually talks about the plan. And he has two plans, a Plan A and a Plan B. So, Plan A … they didn’t expect … Tushar to be there.

    Plan A involved using the front door code to Tushar’s house that Kaleb said he remembered after working for him months earlier and collecting all money and valuables they could find. Plan B, if Tushar was there, involved forcing their way into his bedroom safe — the one investigators later found held over $80,000 in cash. Kaleb Charters also revealed how they would open that safe.

    Mary Fulginiti: The muscle was Josh Camps. Josh came armed with a weapon. Why? … Well, according to Kaleb, Well, to scare him, in case he was there. Just to scare him, so that he could open the safe.

    Tushar was home – and Kurtis Charters admits he restrained him.

    Mary Fulginiti: He admits, and he takes responsibility for, you know, putting the flex-cuffs on him, and gagging him.

    But once they took Tushar up to the Summit property, Kaleb and Kurtis Charters made it clear shooting Tushar was never part of the plan. In his interview, Josh Camps initially tried to pin the shooting on the others.

    Steve Cercone: It’s very apparent that Josh, at the beginning and for quite a while, kept lying to them … Josh then decreased his lying … and eventually he started to fess up.

    He makes what amounts to the most damning admission of them all.

    Mary Fulginiti: He ultimately admits to shooting Tushar, and to killing him.

    Tracy Smith:    And he ultimately tells investigators where the weapon is?

    Mary Fulginiti:  Correct.

    Tushar Atre murder suspect
    Josh Camp admitted to shooting Tushar Atre.

    Santa Cruz County Sheriff’s Office


    But he said there was a reason he pulled the trigger — an act of mercy.

    Mary Fulginiti: He says it was a mercy killing, though. He doesn’t say it was an intentional killing. It was one that, you know, they did because they thought he was gonna die. …because he was bleeding so heavily.

    Mary Fulginiti: A mercy killing is not a defense to murder. And, you know, he still pointed the gun at his head, and he killed him.

    Tushar Atre murder suspects
    Pictured from left, Kaleb Charters, Kurtis Charters and Stephen Lindsay are all charged with felony murder — even thought they didn’t pull the trigger.

    Santa Cruz County Sheriff’s Office


    And at the preliminary hearing, the lawyers for Kaleb Charters, Kurtis Charters and Stephen Lindsay jumped on that statement. They argued that their clients never meant to harm Tushar during the robbery — that it all went horribly wrong when Tushar tried to run away, and that Joshua Camps acted alone. But Mary Fulginiti says, even with Camps admitting to being the shooter, the other defendants aren’t off the hook.

    Mary Fulginiti: They’re charged with what they call felony murder, which means if a murder is committed during the commission of a felony, and here we have a couple of them — we’ve got robbery and kidnapping, then under certain circumstances, all of those involved can also be … held responsible for the murder. And that’s — that’s critical here.

    And Kurtis Charters shared with investigators that this might have been more than a robbery from the start.

    Mary Fulginiti: What he did say … is that he did think that Stephen Lindsay wanted to kill Tushar, and that he thought Stephen Lindsay had a vendetta.

    Tracy Smith: When we talk about motive, does this story of Tushar humiliating Stephen Lindsay and Kaleb Charters point to motive?

    Mary Fulginiti: Yes. Definitely.

    Fulginiti speculates it goes back to Tushar making enemies of the two former military men.

    Mary Fulginiti: With regard to Lindsay, he was pretty upset with the way Tushar treated him.

    Mary Fulginiti:  When you look at … the military … respect is a large component of how they lead their lives … Tushar humiliated them … he made them do push-ups … He paid them and then withdrew payment … he is feeding into that disrespect … and mistreatment.

    At the end of the preliminary hearing, the judge decided all four suspects should face trial on all counts. “48 Hours” reached out to their attorneys; they declined to comment. All four suspects have pleaded not guilty.

    If convicted they could face a maximum sentence of life in prison.

    They didn’t get the $80,000 in the safe. Based on their statements, they got a few thousand dollars that they found in the house, a camera and a guitar … for allegedly taking a man’s life.

    Maria Cid Medina: People are looking forward to this trial starting. And they want to see justice served, especially Tushar’s friends.

    Justice, whatever that might look like, will never be enough to make up for all Tushar Atre had left to give.

    Tushar Atre's and Rachael Emerlye
    “I think about him every day. … I’m just trying to rebuild my life and be there for Tushar’s memory,” said Rachael Emerlye, pictured with Tushar and Hashtag.

    Rachael Emerlye


    Rachael Emerlye: His charisma was infectious. … It’s insane. It’s not meant to be understood.

    An entrepreneur and an adventurer with so many mountain trails left to climb, waves still to surf, and melodies yet to strum on his guitar.


    Produced by Gayane Keshishyan Mendez and Richard Fetzer and Chuck Stevenson. Michelle Fanucci is the development producer. Lauren Turner Dunn is the associate producer. Ken Blum, Joan Adelman, Wini Dini, Grayce Arlotta-Berner and Diana Modica are the editors. Anthony Batson is the senior broadcast producer. Nancy Kramer is the executive story editor. Judy Tygard is the executive producer.

    [ad_2]

    Source link

  • The

    The

    [ad_1]

    The “Unsolvable” Murder of Roxanne Wood – CBS News


    Watch CBS News



    How a DNA “detective,” an undercover cop and a cast-off cigarette butt helped catch a killer. “48 Hours” correspondent Peter Van Sant reports.

    Be the first to know

    Get browser notifications for breaking news, live events, and exclusive reporting.


    [ad_2]

    Source link

  • The Snapchat Clue

    The Snapchat Clue

    [ad_1]

    The Snapchat Clue – CBS News


    Watch CBS News



    When his parents disappear, Chandler Halderson’s social media helps investigators unravel the case. “48 Hours” correspondent Erin Moriarty reports.

    Be the first to know

    Get browser notifications for breaking news, live events, and exclusive reporting.


    [ad_2]

    Source link