Latest / The Evolution of Evil - True Crime Stories / True Crime Documentary - He Hired His Own Best Friend to Kill His Wife
Transcript
- 0:07Speaker 1: She came home, not knowing that there were two killers waiting.
- 0:10Speaker 2: In her house for her.
- 0:15Speaker 3: Nine one one.
- 0:16Speaker 4: What is your emergency?
- 0:17Speaker 5: My friend Teresa Severs, she's a doctor and she's dead.
- 0:21Speaker 6: On the spare.
- 0:24Speaker 7: Hi, I'm doctor Teresa Severs.
- 0:26Speaker 8: And as I promised you, I was going to be
- 0:28Speaker 8: bringing you different modalities of feeling.
- 0:31Speaker 9: Doctor Seavers had a very strong personality. A lot of
- 0:34Speaker 9: people found her polarizing. They loved her or they didn't.
- 0:37Speaker 7: I want to enjoy my life like it is now.
- 0:39Speaker 10: This was almost the perfect crime.
- 0:41Speaker 11: And she just said, I know what happened, and how
- 0:45Speaker 11: did you kill her?
- 0:48Speaker 12: Little Chelas?
- 0:49Speaker 13: And then said one question no one's answered. Why? Why?
- 0:57Speaker 13: Why is Teresa Siver's dead?
- 1:06Speaker 14: Pure and simple?
- 1:07Speaker 15: A tale of murder and slaciousness.
- 1:10Speaker 16: You see that, you know, paradise isn't paradise And and
- 1:13Speaker 16: maybe these pieces of the puzzle is going to add up.
- 1:18Speaker 17: MM, your wife of an Laurie such, she's gonna find that.
- 1:26Speaker 18: This is why he's going to tell you, I'm gonna
- 1:28Speaker 18: have a nut situation. And the gun he's trying to
- 1:31Speaker 18: find the first place to put a body.
- 1:32Speaker 14: No, sir, the only thing they could do was killing you.
- 1:35Speaker 19: Want to sell anything, lead the jury and to find
- 1:37Speaker 19: the defendant.
- 1:48Speaker 20: Hi.
- 1:49Speaker 7: I'm doctor Teresa Severs.
- 1:50Speaker 15: She was well well liked as a doctor. She had
- 1:53Speaker 15: a holistic physicians practice.
- 1:57Speaker 7: I don't know about you, but I'm not ready for
- 1:59Speaker 7: post mortem. I want to enjoy my life like it
- 2:01Speaker 7: is now.
- 2:02Speaker 21: I think everyone that speaks of her from including her family,
- 2:07Speaker 21: talked about her being a dynamo.
- 2:09Speaker 7: Are you ready to drop dead?
- 2:11Speaker 22: I'm not.
- 2:12Speaker 2: But at the age of forty six, doctor Teresa Severs
- 2:15Speaker 2: was found dead in the kitchen of her home in
- 2:18Speaker 2: Benita Springs, Florida, brutally murdered.
- 2:20Speaker 21: I mean, this was a violent crime that occurred in
- 2:23Speaker 21: the midst of an area that didn't see violent crime
- 2:26Speaker 21: and on a street that didn't see violent crime. And
- 2:29Speaker 21: people were upset.
- 2:30Speaker 7: People were worried.
- 2:32Speaker 16: This doctor had touched many lives and tried to help
- 2:35Speaker 16: different people. So I started to get calls from all over.
- 2:38Speaker 16: My son goes to that dock, my daughter in law
- 2:41Speaker 16: goes to that doc. Wow, what a wonderful woman.
- 2:46Speaker 2: She was last seen alive at the Fort Myers, Florida
- 2:49Speaker 2: airport the night before.
- 2:51Speaker 9: Because we were able to observe her in the airport
- 2:54Speaker 9: on surveillance video. We ended up learning that doctor Severs
- 2:57Speaker 9: was returning home from a family gad for her mother's
- 3:00Speaker 9: birthday from Connecticut.
- 3:02Speaker 2: Her husband, Mark and two daughters, Josephine and Carmela, stayed behind.
- 3:07Speaker 9: And mom came home because doctor Seavers was the primary
- 3:10Speaker 9: bread winner and she had a practice to run.
- 3:12Speaker 2: But the next day, doctor Severs failed to show up
- 3:15Speaker 2: at her doctor's office.
- 3:17Speaker 9: The employees at her job started texting her husband, Mark Seavers, saying, hey,
- 3:24Speaker 9: doctor Severs isn't here.
- 3:27Speaker 2: So her husband called a next door neighbor, doctor Mark
- 3:30Speaker 2: Patrida's to check on her.
- 3:33Speaker 23: Mark Mark again and the office is calling it texting
- 3:38Speaker 23: only cares maybe she obviously it's not like her, you know,
- 3:42Speaker 23: all the years parted to be a half barley.
- 3:44Speaker 11: At work, Doctor Mark Patrice was the first one who.
- 3:47Speaker 17: Found her, nice one one, what is your emergency.
- 3:51Speaker 5: At a friend's house. He's out of town here to
- 3:55Speaker 5: check him place and she's dead on the floor.
- 3:58Speaker 4: Shld on famine.
- 4:00Speaker 23: Yeah, okay, you're doing very well, And she's asked in
- 4:02Speaker 23: the back of the head is dead cold.
- 4:06Speaker 21: It appeared that nothing had been taken. Did not appear
- 4:09Speaker 21: that the house had been ransacked. There was nothing that
- 4:13Speaker 21: indicated what the motive might be for what was a
- 4:16Speaker 21: very vicious crime.
- 4:19Speaker 24: On my initial observations that she has sustained significant head
- 4:22Speaker 24: trauma plund force in nature, and there was a large
- 4:26Speaker 24: pool of blood, and she was a smaller female, you
- 4:28Speaker 24: could tell that it was not something that happened quickly.
- 4:34Speaker 2: The case was assigned to Lee County Sheriff's detectives Mike
- 4:37Speaker 2: Downs and David Levitt.
- 4:39Speaker 9: There's no obvious smoking gun. For lack of a better
- 4:42Speaker 9: choice of words, pretty much everybody's the suspect at that point.
- 4:47Speaker 9: Who does her nails, who does her hair, who cuts
- 4:49Speaker 9: the lawn? Do they have a house cleaner, Have they
- 4:51Speaker 9: had any issues with anybody? Does she get along with
- 4:53Speaker 9: everybody at work? But nothing really seemed to pan out.
- 4:56Speaker 9: We did later find out that she also had had
- 4:59Speaker 9: a very strong person which can rub people the wrong way.
- 5:02Speaker 7: It's not wrong, but it's not enough.
- 5:04Speaker 2: There was also a speculation that doctor Severs had been
- 5:07Speaker 2: targeted because of her practice as a holistic doctor.
- 5:11Speaker 8: Why aren't we doing this kind of medicine for our body?
- 5:14Speaker 8: You can't have preventive medicine, But it's not the kind
- 5:17Speaker 8: of medicine you typically get your doctor's office.
- 5:19Speaker 9: There was a group of people identify themselves as Webslutes,
- 5:23Speaker 9: and they took a very big interest in this case
- 5:25Speaker 9: because throughout the country and at least two to possibly
- 5:28Speaker 9: three other states at that time, there were some doctors
- 5:31Speaker 9: that also practice holistic medicine as well as internal medicine
- 5:35Speaker 9: that died. And the theory was that they were all
- 5:40Speaker 9: murdered and that we had to look at because, like
- 5:43Speaker 9: Mike said, right now, it's everybody in their running.
- 5:46Speaker 15: The theory of it was that there were certain holistic
- 5:48Speaker 15: doctors who were being murdered because they had maybe a
- 5:50Speaker 15: cure for cancer or had something that.
- 5:54Speaker 2: The government or some kind.
- 5:57Speaker 15: Of shadowy group didn't want them to talk about.
- 6:00Speaker 25: But that never turned out to be.
- 6:01Speaker 2: Not just for the record's state, you.
- 6:03Speaker 26: And I want what's time for him, Mark Sievers.
- 6:06Speaker 2: And to be thorough, the detective did conduct an interview
- 6:09Speaker 2: with Teresa's husband, Mark once he returned from Connecticut.
- 6:13Speaker 21: Anytime there is a brutal murder of a spouse, one
- 6:18Speaker 21: tends to look or at least glance at the other spouse.
- 6:22Speaker 21: But in this case, the spouse was thousands of miles
- 6:27Speaker 21: away in Connecticut at the time that the crime was
- 6:30Speaker 21: committed with an alibi that was absolutely air tight.
- 6:34Speaker 27: I feel so apathetic, but at the same time, there's
- 6:38Speaker 27: so much going on.
- 6:41Speaker 1: It's still hard feel that I could stop.
- 6:47Speaker 28: The same time, can you tell me what she died?
- 6:55Speaker 1: I need to know what she tortured?
- 6:56Speaker 29: Was what happened to stage we were still working on.
- 7:05Speaker 30: She had so much off in the world.
- 7:07Speaker 1: She was really everyone says that's about their wife.
- 7:13Speaker 14: Home.
- 7:14Speaker 11: Everyone kept describing Mark as her rock, and she was
- 7:18Speaker 11: his rock.
- 7:19Speaker 1: Have you ever cheated on your wife? I've never cheated her,
- 7:23Speaker 1: and she's never cheated on me.
- 7:24Speaker 9: Have you ever had anyone have an unhealthy obsession with
- 7:29Speaker 9: either you or your your wife, or your kids or anything.
- 7:33Speaker 31: I absolutely can't be thieve of.
- 7:34Speaker 32: Anybody that would have been with that at all.
- 7:37Speaker 2: The detectives entered the interview so Mark Seavers could plan
- 7:40Speaker 2: Terese's funeral and grieve with their two daughters.
- 7:45Speaker 15: Yeah, the funeral was befitting somebody for stature. Here's this
- 7:49Speaker 15: lady that really helped everybody, and now she's gone, and
- 7:52Speaker 15: they mourned that fact, but.
- 7:56Speaker 2: Still not a single clue about who had been waiting
- 8:00Speaker 2: for Teresa that Sunday night as she pulled into her
- 8:03Speaker 2: garage after telling her husband she was home and she
- 8:07Speaker 2: was safe.
- 8:08Speaker 21: How had anyone gone into this crime scene, committed this
- 8:12Speaker 21: horrific crime and left absolutely no trace evidence. This was
- 8:18Speaker 21: almost the perfect crime.
- 8:21Speaker 2: Until a late night phone call. Would Lee detectives to
- 8:24Speaker 2: a small town in Missouri, and.
- 8:27Speaker 18: We catch a break, We catch a break, we get
- 8:31Speaker 18: a tip, and she just.
- 8:33Speaker 24: Said, I know what happened.
- 8:42Speaker 2: The call that would be the turning point in the
- 8:44Speaker 2: case came into the Lee County Sheriff's office late at night,
- 8:47Speaker 2: some two weeks after the murder of doctor Teresa Severs.
- 8:51Speaker 11: Thank God that payscup seriously.
- 8:56Speaker 2: The tip came from a family friend of a man
- 8:58Speaker 2: in a small town in the Zouri Hillsboro, Missouri, a
- 9:02Speaker 2: man by the name of Curtis Wayne Wright, a five
- 9:05Speaker 2: time convicted felm.
- 9:10Speaker 24: Sure enough, the more we dug, the more evidence started
- 9:13Speaker 24: to pile up for us, thankfully, and.
- 9:15Speaker 2: Soon the detectives were on the trail of a second
- 9:17Speaker 2: career criminal who was a close friend of Curtis Wayne Wright,
- 9:21Speaker 2: a man by the name of Jimmy Ray Rogers.
- 9:24Speaker 21: Jimmy Ray Rogers liked to call himself the Hammer. It
- 9:28Speaker 21: was on his Facebook he liked to refer to himself
- 9:31Speaker 21: as the Hammer.
- 9:32Speaker 2: Both men, Jimmy Ray Rodgers and Curtis Wayne Wright, were
- 9:36Speaker 2: now very much persons of interest, but they both had
- 9:39Speaker 2: denied being in Florida at the time of the.
- 9:41Speaker 24: Murder, and Curtis Wright told us that during the weekend
- 9:45Speaker 24: of the murder. First he told us he was homesick
- 9:47Speaker 24: in bed and never left his trailer, and then he
- 9:50Speaker 24: at one point he said, well, he was working on
- 9:51Speaker 24: a car.
- 9:51Speaker 9: All weekend and Jimmy was beside himself. He barely talked
- 9:56Speaker 9: to us, and then just let us know he just
- 9:58Speaker 9: doesn't like cops. So I'm not going to talk to you.
- 10:01Speaker 9: I didn't go to Florida, and I don't talk to Wayne.
- 10:04Speaker 9: He's a nerd.
- 10:05Speaker 11: Oh, okay, see you later, Jimmy.
- 10:09Speaker 2: But even with the tip and the detective's gut feelings,
- 10:12Speaker 2: there still wasn't anywhere near enough to arrest them, and
- 10:15Speaker 2: the detectives returned to Florida deflated.
- 10:19Speaker 9: We had a lot of digital evidence that we found
- 10:21Speaker 9: that we knew we had to process and try and
- 10:24Speaker 9: piece it together. Most notably when we did the initial
- 10:27Speaker 9: warrant on the Curse Wainwright residence. There was a vehicle
- 10:30Speaker 9: in the driveway and we found a GPS in the
- 10:34Speaker 9: center console, so we were hoping, let's just hope he
- 10:38Speaker 9: entered addresses in the area, let's hope attract his movement.
- 10:41Speaker 9: And at first we're deflated again because they're telling us
- 10:45Speaker 9: this information is deleted and we can't interpret the code.
- 10:47Speaker 9: So they spent a significant amount of time, hundreds and
- 10:50Speaker 9: hundreds of man hours trying to figure out this code
- 10:52Speaker 9: to recover this deleted data, and bingo, they were able
- 10:56Speaker 9: to establish a route from Curtis Wayne Wright's Presidents and
- 10:59Speaker 9: he'll per Missouri and he makes her out there to
- 11:02Speaker 9: go to Jimmy Rodgers' residence in Cadet, Missouri. We went
- 11:05Speaker 9: from zero to sixty in a very short amount of
- 11:07Speaker 9: time and.
- 11:09Speaker 2: Then one one hundred and four miles south along Interstate
- 11:13Speaker 2: seventy five off the exit to Benita Springs and then
- 11:16Speaker 2: right to Jarvis Road, the home of doctor Teresa Seevers.
- 11:21Speaker 21: I think it was an AHA moment, and I think
- 11:24Speaker 21: at that moment there is the wait a minute. We
- 11:27Speaker 21: have people saying we're.
- 11:28Speaker 16: Not here, and they are retrieving that address, which would
- 11:32Speaker 16: have been deleted just hours or days later, and placing
- 11:37Speaker 16: the killers in the area of our victim was a
- 11:42Speaker 16: critical piece of this puzzle, and.
- 11:45Speaker 2: The GPS data showed their every movement on the way south.
- 11:49Speaker 24: One of the significant locations was Walmart, actually right across
- 11:52Speaker 24: the street from the Sheriff's office. Here where we're able
- 11:54Speaker 24: to capture what we believe in what is evidently Curtis
- 11:58Speaker 24: Wainwright and Jimmy Ray Rodgers walking in Walmart buying a
- 12:02Speaker 24: number of suspicious items lock pick set, garbage bags, cleaning items,
- 12:06Speaker 24: things like that.
- 12:07Speaker 9: So now we know they're down here. We could see
- 12:09Speaker 9: him clear as day on the video on the day
- 12:11Speaker 9: doctor Sievers returned home. It's we couldn't even believe it.
- 12:17Speaker 9: The only thing we can think of is that they
- 12:18Speaker 9: never thought we'd ever come up there, because it's over
- 12:21Speaker 9: a thousand miles away. That they never would put two
- 12:24Speaker 9: and two together.
- 12:25Speaker 2: And when the detectives returned to Missouri, it went to
- 12:28Speaker 2: question the hammer's girlfriend, Taylor's showmaker. They hit even more Peter.
- 12:33Speaker 24: And she started crying and she just said, I knew
- 12:36Speaker 24: what happened, And.
- 12:37Speaker 2: I told her that I knew that he had something
- 12:39Speaker 2: to do with it, and then he sort of asked
- 12:42Speaker 2: me questions like what I know about and I'm like, well,
- 12:44Speaker 2: I went down at drills some night and then he
- 12:47Speaker 2: said yeah.
- 12:52Speaker 19: I said, did you shoot her? And he said no,
- 12:56Speaker 19: And I said, then how did you kill.
- 13:00Speaker 4: And made stip little chocolates and then said relation, Yeah.
- 13:07Speaker 2: Her man had confessed to her while lying in bed.
- 13:11Speaker 24: It's huge because he actually confessed that. Jimmy Ray Rogers
- 13:14Speaker 24: confessed to the murder and specifically said that they used
- 13:17Speaker 24: a hammer, which is consistent with the physical evidence that
- 13:19Speaker 24: we recovered from the scene.
- 13:20Speaker 2: And then Taylor Shomacher took Detective Levit to the area
- 13:24Speaker 2: where she had helped her boyfriend the hammer dispose of
- 13:27Speaker 2: some of the evidence, including a blue jumpsuit he said
- 13:30Speaker 2: he wore during the murder.
- 13:33Speaker 17: Case number one six eighty five one to three time.
- 13:36Speaker 17: I was cromently six thirty eight pm on Tuesday. It
- 13:38Speaker 17: was point fifteen. All right, can you just where you've
- 13:43Speaker 17: identified the overalls?
- 13:45Speaker 24: And then she goes there it is right there, and
- 13:47Speaker 24: sure enough, we we get out, we walk up to
- 13:49Speaker 24: it and it's a blue jumpsuit sitting on the side
- 13:51Speaker 24: of the road.
- 13:52Speaker 17: How did we come and find these items there, okay,
- 13:56Speaker 17: and that was the reason for throwing these out the window.
- 13:58Speaker 2: Have members, they had their evidence, they had their killers.
- 14:09Speaker 2: But the investigation was far from over. Curtis Wainwright now
- 14:14Speaker 2: tells the authorities he has information they will want if
- 14:17Speaker 2: he can make a deal with it.
- 14:21Speaker 21: So as difficult as it was, it was to us
- 14:24Speaker 21: a decision that had to be made to let Right
- 14:27Speaker 21: plead to second degree murder and receive a sentence of
- 14:30Speaker 21: twenty five years provided he testified truthfully.
- 14:34Speaker 2: Wright's information involved his best friend in high school back
- 14:37Speaker 2: in Missouri, Mark Severs, Teresa Severs husband, and now it
- 14:42Speaker 2: was turning into a case of murder for hire.
- 14:55Speaker 26: Breathe, the slow breathing.
- 14:59Speaker 2: The Even before his best friend in Missouri had implicated
- 15:06Speaker 2: Mark Severs in the murder of his wife, Teresa, the
- 15:09Speaker 2: detectives were already suspicious of Sievers, especially after a second
- 15:14Speaker 2: round of questioning.
- 15:15Speaker 9: So we've met many people through our investigations that have
- 15:18Speaker 9: lost a loved one, and he seems fake.
- 15:21Speaker 2: When detectives would leave the interrogation room, they had to
- 15:24Speaker 2: send Sievers was playing to the cameras.
- 15:31Speaker 26: Okay, she got hit.
- 15:34Speaker 9: I saw a lot of simulated behavior. It didn't it
- 15:38Speaker 9: didn't feel real.
- 15:48Speaker 21: It was so much of a what would appear to
- 15:51Speaker 21: be so much of a show.
- 15:55Speaker 33: Talking about your relationship. Have you guys been contemplating any
- 15:59Speaker 33: kind of separation and are divorces or been any marital problems?
- 16:04Speaker 2: The detectives would later learn from friends and family the
- 16:07Speaker 2: couple indeed had both marital and financial problems.
- 16:11Speaker 9: What are some of the biggest motives for anybody to
- 16:13Speaker 9: do some nition. Money's a big one and fidelity is another.
- 16:18Speaker 9: So we have two of those on the board right now.
- 16:21Speaker 24: You can see there's more of a darker side to
- 16:23Speaker 24: who he really was and who he wanted to show us.
- 16:28Speaker 21: As he was leaving, he said, I'll do anything I
- 16:31Speaker 21: can to cooperate to assist to catch this killer.
- 16:34Speaker 25: I want to.
- 16:35Speaker 14: Speak to you every chance I can.
- 16:37Speaker 1: I probably remember my phone, so when you call with.
- 16:39Speaker 2: You okay, and it isn't.
- 16:42Speaker 21: A week later, when he's no longer willing.
- 16:44Speaker 24: To cooperate, well, he had his slurer contact us and
- 16:48Speaker 24: shut off all contact.
- 16:50Speaker 11: He ghosted us, he stopped talking, he stopped cooperating.
- 16:52Speaker 2: But prosecutors did not need severs cooperation to make their
- 16:56Speaker 2: case and the first test game with the trial of
- 16:59Speaker 2: Jimmy Ray Rogers, everything hinging and whether a jury would
- 17:03Speaker 2: believe Curtis Wayne Wright and his chilling version of the
- 17:07Speaker 2: murder of Teresa Severs.
- 17:09Speaker 34: We came there to kill her.
- 17:11Speaker 2: Teresa Sivers mother and sister were in the courtroom every day.
- 17:15Speaker 1: Were you able to see where he was hitting her
- 17:17Speaker 1: with the hammer in the head and what happened after.
- 17:21Speaker 34: She fell on the floor, continued to hit her.
- 17:25Speaker 1: He continued to hit her.
- 17:26Speaker 34: Yes, mister Rogers, Yes, I physically walked over to the
- 17:31Speaker 34: area where he was at and asked him to stop.
- 17:36Speaker 34: I put my hand on him.
- 17:38Speaker 2: It didn't take long for the jury to return a verdict.
- 17:45Speaker 35: We have a verdict in the Jimmy Ray Rogers case,
- 17:48Speaker 35: as we do have a guilty verdict.
- 17:50Speaker 33: We do have a guilty verdic than Jimmy Ray Rogers.
- 17:52Speaker 33: But is a second degree murder not a first degree murder?
- 17:56Speaker 2: Rogers was led her sentenced to twenty five years in prison.
- 18:00Speaker 2: But for prosecutors there would be no justice unless they
- 18:03Speaker 2: could make a case against the men they believed had
- 18:06Speaker 2: hired the killers, Mark Sivers.
- 18:08Speaker 21: But for Mark Sivers there would have been no funeral,
- 18:11Speaker 21: there would have been no grieving family, there would have
- 18:14Speaker 21: been no children without parents. It was important that all
- 18:19Speaker 21: that participated were held accounting them.
- 18:21Speaker 2: The evidence against Sievers continued to mount, including his use
- 18:26Speaker 2: of prepaid or what are called burner phones used by
- 18:29Speaker 2: both men.
- 18:30Speaker 21: Mark Sievers and Kurtzwain Wright had a secret communication system
- 18:35Speaker 21: set up.
- 18:38Speaker 24: Their code wear together was switched to other or other.
- 18:41Speaker 24: They would initially almost immediately switch over to these prepaid phones,
- 18:46Speaker 24: and we were able to establish a connection.
- 18:52Speaker 2: According to what Wright told the detectives, the plan for
- 18:55Speaker 2: the murder was made when Mark Sievers attended Wright's wedding
- 18:58Speaker 2: in Missouri two months earlier.
- 19:01Speaker 24: This is this is basically where it all you know,
- 19:03Speaker 24: started to come together. Mark suggested two scenarios. One was
- 19:08Speaker 24: to shoot her or kill her outside of the medical
- 19:11Speaker 24: practice when she was leaving work one night. Curtis explains him.
- 19:14Speaker 24: He says, well, what if she's with somebody when she
- 19:16Speaker 24: comes out of the medical practice. And Mark says, well,
- 19:19Speaker 24: that'll be better because if somebody else is killed during
- 19:22Speaker 24: the offense, then it's likely to keep the suspicion off
- 19:26Speaker 24: of me or anybody else. So and he explained it
- 19:29Speaker 24: his collateral damage, which goes to show you the type
- 19:31Speaker 24: of person Mark Severs really is.
- 19:34Speaker 2: When the time came to arrest Mark Severs, detectives knew
- 19:38Speaker 2: from their surveillance exactly where to find.
- 19:40Speaker 36: Him, so there wasn't really anywhere mister Severs was gonna
- 19:45Speaker 36: go where we couldn't find him unless he had a
- 19:48Speaker 36: ride into outer space that we didn't know about.
- 19:51Speaker 2: He was at home, but there was concern he was
- 19:54Speaker 2: armed and might resist taking his daughter's hostage.
- 19:58Speaker 11: And we knew and if he had been watching TV
- 20:02Speaker 11: and he knows we got him.
- 20:04Speaker 16: We knew we had to get Mark Seevers, but most
- 20:07Speaker 16: importantly we had to extract him and save those children.
- 20:14Speaker 2: The job fell to Detective David Levitt.
- 20:17Speaker 9: We knew he had many guns in the home, but
- 20:20Speaker 9: his behavior was erratic. So that coupled with the fact
- 20:23Speaker 9: that if he knows he's getting arrested for the murder
- 20:25Speaker 9: of his wife, he has guns in the home, and
- 20:27Speaker 9: there's two little girls present, so we were very worried.
- 20:32Speaker 11: So we get to the door.
- 20:34Speaker 9: I see the girl's heads kind of perk up and
- 20:37Speaker 9: look towards the door, and then I see Mark starting
- 20:40Speaker 9: to come towards the door, phones in his hand. Then
- 20:43Speaker 9: he turns around and starts to walk away. So I
- 20:46Speaker 9: said to the deputy was with me. He said, we're
- 20:49Speaker 9: giving this another five seconds and we're forcing entry. Fortunately,
- 20:55Speaker 9: within half that time he came back, opened the door
- 20:59Speaker 9: and leaned out with his phone on his hand, and
- 21:02Speaker 9: grabbed him by his wrists.
- 21:03Speaker 11: You're underrest for murdering your wife.
- 21:08Speaker 16: And when walk arrived, he had a smirk that I'll
- 21:11Speaker 16: never forget.
- 21:12Speaker 6: It was a smirk.
- 21:14Speaker 16: It was one thousand miles stare.
- 21:16Speaker 25: He was ice cold.
- 21:18Speaker 16: You could look at him and see he was ice cold,
- 21:21Speaker 16: no blood in his veins, and he knew he was caught.
- 21:30Speaker 2: But the defense was preparing a surprise twist that not
- 21:34Speaker 2: only was Curtis Weighing Wright a killer and a skilled liar,
- 21:38Speaker 2: but that right was actually in love with Mark Severs
- 21:42Speaker 2: and killed Teresa on his own to get her out
- 21:45Speaker 2: of the way.
- 21:50Speaker 13: If Curtis can't have Mark, nobody can.
- 21:59Speaker 12: Good everybody, And welcome to law on crime. Right now,
- 22:03Speaker 12: we're going to see opening statements at around ten am
- 22:05Speaker 12: Eastern Standard time in the trial of Mark Severs.
- 22:09Speaker 2: With reporters fascinated about how much Mark Severs and Curtis
- 22:13Speaker 2: wagin Wright looked like each other.
- 22:15Speaker 7: They do look nearly identical.
- 22:17Speaker 12: I can't wait just to see these two former best
- 22:20Speaker 12: friends looking at each other in court, one of them
- 22:24Speaker 12: testifying against another.
- 22:25Speaker 33: That's something straight out of a movie.
- 22:31Speaker 37: For the record, both assistant state attorneys are present, mister
- 22:34Speaker 37: Severs is present, and both defense council states ready.
- 22:39Speaker 33: Defense is ready.
- 22:41Speaker 2: The courtroom was packed and like a wedding, there was
- 22:44Speaker 2: a side for the wife, the victims family, and a
- 22:46Speaker 2: side for the husband the accused murderers family.
- 22:50Speaker 38: A little antagonistic in the crowd, but unlike that day
- 22:53Speaker 38: twelve years earlier when Teresa and Mark Severs were married,
- 22:57Speaker 38: there was no joy on either side.
- 22:59Speaker 1: Today lout opening statements at this time, State ladies and
- 23:08Speaker 1: gentlemen of the jury.
- 23:11Speaker 2: Cynthia Ross is the head of the hobicide unit in
- 23:13Speaker 2: the State's Attorney's office. Her first priority was to make
- 23:17Speaker 2: sure the jury knew the importance of her key witness,
- 23:20Speaker 2: Curtis Wayne Wright, but that he was hardly a model citizen.
- 23:24Speaker 21: We were asking them to believe a killer. Curtis Wainwright
- 23:28Speaker 21: allows us to hear the conversations that occurred between he
- 23:33Speaker 21: and Mark Severs to hear how Mark Severs solicited, conspired
- 23:41Speaker 21: and arranged the murder of Teresa Severs.
- 23:46Speaker 29: Defense.
- 23:47Speaker 2: Mark Severs chose Michael Mummerd as the lawyer to defend
- 23:50Speaker 2: him in the murder case after the two bonded during
- 23:53Speaker 2: proceedings over the custody of severs children.
- 23:56Speaker 13: On a very personal level, he's a very nice man,
- 24:00Speaker 13: kind of kind of goofy, kind of funny.
- 24:02Speaker 4: Uh.
- 24:02Speaker 13: And over the four years that I represented Mark, I
- 24:08Speaker 13: got to I got to like him. I really do
- 24:11Speaker 13: like Mark. You're gonna hear about prepaid phones. You're gonna
- 24:18Speaker 13: hear about divorce, infidelity, life insurance as a motive. But ultimately,
- 24:27Speaker 13: all the evidence of a conspiracy, all the evidence of
- 24:35Speaker 13: mister Siever's involvement, is going to come from one man,
- 24:42Speaker 13: and that's Curtis Wayne Right. I wanted to convey to
- 24:45Speaker 13: the jury that this this was a credibility trial of
- 24:52Speaker 13: Curtis Wayne Right.
- 24:56Speaker 26: Next witness.
- 24:58Speaker 2: It was the very next day that Curtis Wayne Wright
- 25:01Speaker 2: took the stand, and at first Severs gave off the
- 25:04Speaker 2: impression of not having a care in the world, smiling
- 25:07Speaker 2: and cracking jokes with his lawyer. But that would quickly change.
- 25:13Speaker 39: Do you sell me swear or a firm the testimony
- 25:16Speaker 39: you're about.
- 25:16Speaker 2: To get right, was questioned by prosecutor Amid Hunter.
- 25:20Speaker 36: The biggest moment in the trial was mister Wright taking
- 25:25Speaker 36: the stand. These two men have been best friends most
- 25:29Speaker 36: of their lives.
- 25:31Speaker 1: Mister Wright, who killed doctor Teresa Severs?
- 25:36Speaker 34: Jimmy Rogers and I physically did it, but marce Severs
- 25:40Speaker 34: was also involved in the planning.
- 25:43Speaker 32: Why did you do it?
- 25:46Speaker 1: I was asked to do it by whom?
- 25:50Speaker 34: Mister Severs.
- 25:53Speaker 1: Who is mister Severs in court today?
- 25:55Speaker 32: Yes?
- 25:56Speaker 4: He is.
- 25:57Speaker 36: Can you please point to mister Severs an identify him
- 26:00Speaker 36: by an article of clothing.
- 26:03Speaker 32: He's the.
- 26:05Speaker 34: Medal gentleman there at the table, the darker colored jacket.
- 26:11Speaker 36: Well, I'm not a fan of Curtis right. He's a killer.
- 26:15Speaker 36: He's an admitted killer, and so we went straight at him.
- 26:19Speaker 36: There wasn't going to be any compromises.
- 26:21Speaker 2: For mister Wright, and Wright was immediately confronted about his
- 26:24Speaker 2: earlier lies when he tried to pin all the blame
- 26:27Speaker 2: on Jimmy Ray Rogers.
- 26:29Speaker 1: Did you tell us the truth?
- 26:31Speaker 19: Not?
- 26:32Speaker 40: In the beginning.
- 26:34Speaker 1: Started out with a lie.
- 26:36Speaker 34: Well, it started out with the truth, but it got
- 26:41Speaker 34: off in the middle, and then those those lies were corrected.
- 26:45Speaker 34: I told the truth before the end of that statement.
- 26:48Speaker 2: Watching all this in the courtroom, receiver's stepmother from Missouri,
- 26:51Speaker 2: who has known right since he was twelve years old.
- 26:54Speaker 41: If I'm not a human light detector, but he did
- 26:57Speaker 41: a magnificent job of lying, he's a pathological liar.
- 27:02Speaker 2: Wright testified that he and Severs, that's Severs on the left,
- 27:05Speaker 2: made the deal to kill Teresa it Write's wedding in
- 27:08Speaker 2: Missouri a few months earlier.
- 27:10Speaker 34: He told me that he and Teresa were having problems,
- 27:17Speaker 34: marital problems. He told me that she was having an affair,
- 27:22Speaker 34: and that they were having financial problems as well, considering bankruptcy.
- 27:27Speaker 32: He told me that.
- 27:30Speaker 34: Really the only option that he had was for her
- 27:32Speaker 34: to die, and he said that he needed to have
- 27:36Speaker 34: her killed.
- 27:37Speaker 2: Wright said he received a six hundred dollars check from
- 27:39Speaker 2: Sivers to cover expenses for driving to Florida, with the
- 27:42Speaker 2: promise of much more to come.
- 27:46Speaker 34: He said that there was a lot of insurance that
- 27:48Speaker 34: him and the kids would be well taken care of,
- 27:51Speaker 34: and that he had at least one hundred thousand dollars
- 27:54Speaker 34: to offer to have it done.
- 27:57Speaker 2: And then writes chilling description of how doctor Teresa Severs
- 28:01Speaker 2: was killed the night she returned home alone, Just as
- 28:04Speaker 2: he had testified earlier at the trial of Jimmy Ray.
- 28:07Speaker 34: Rogers, the headlights would have been right on me. I
- 28:10Speaker 34: jumped up and I followed her into the house.
- 28:14Speaker 1: And once she started to turn towards you, what did
- 28:18Speaker 1: you do?
- 28:20Speaker 34: I had her?
- 28:22Speaker 1: I hit her.
- 28:22Speaker 28: Damn Does she see it?
- 28:25Speaker 5: Yes?
- 28:26Speaker 34: Because I accidentally kicked the dog dish over. The dishes
- 28:30Speaker 34: went flying everywhere. It made a huge noise. She it
- 28:35Speaker 34: startled her. I was afraid that if she turned around
- 28:39Speaker 34: she would scratch me or do something to leave evidence.
- 28:43Speaker 34: I swung the hammer and I hit her.
- 28:46Speaker 1: Did you and doctor Seavers ever make eye contact?
- 28:49Speaker 4: Yes?
- 28:50Speaker 1: How did she look when you made eye contact with her?
- 28:54Speaker 34: Surprised?
- 28:55Speaker 1: Did she fight? Yeah? You fought for her life.
- 29:02Speaker 29: Yeah.
- 29:04Speaker 34: I never in a million years envision beaten un to
- 29:06Speaker 34: death with a hammer.
- 29:12Speaker 2: On cross examination of Right, Mark, Siever's lawyer tried to
- 29:15Speaker 2: push a theory about Right's sexual orientation that he thought
- 29:19Speaker 2: would explain what happened.
- 29:21Speaker 13: Detective Levitt asked you about your sexual preference, didn't he Yes?
- 29:26Speaker 1: Sustained.
- 29:28Speaker 13: Detective Levitt wanted to know if you had a sexual
- 29:31Speaker 13: relationship with Mark Sever's didn't you objections sustained.
- 29:36Speaker 2: The judge told Mummert to move on.
- 29:39Speaker 13: That was a tough one because there was there was
- 29:44Speaker 13: something there. There was this air of possessiveness or intimacy.
- 29:51Speaker 13: And if Curtis can't have Mark, nobody can. My theory
- 30:02Speaker 13: is that when Mark went to Curtis's wedding that Curtis
- 30:07Speaker 13: Curtis has had enough. Mark married a beautiful doctor, Mark
- 30:11Speaker 13: had two beautiful girls. Mark lived in a nice home
- 30:14Speaker 13: in Benita Springs, Florida. Why does Mark get to have
- 30:18Speaker 13: it all? And I believe that that anger, as well
- 30:23Speaker 13: as a possible you know, sexual attraction to Mark, caused
- 30:28Speaker 13: the basis for Curtis to finally say, now I've had enough,
- 30:32Speaker 13: I'm gonna go down there, I'm gonna kill Mark's wife.
- 30:35Speaker 2: But Judge Bruce Kyle was having none of it, and
- 30:38Speaker 2: Mumburt had to change his tect. Now challenging right about
- 30:41Speaker 2: the money he claims Severs promised him. Why didn't Severs
- 30:45Speaker 2: just tell him to take the cash that was in
- 30:47Speaker 2: the house.
- 30:48Speaker 13: You know that there was nearly fifty thousand dollars in
- 30:52Speaker 13: that home. Is that correct?
- 30:54Speaker 1: I found that out later, But no, I didn't know that.
- 30:57Speaker 13: So there was fifty thousand dollars when you went down
- 30:59Speaker 13: to mid the murders.
- 31:00Speaker 1: That correct? Suggest you.
- 31:02Speaker 26: I don't know its just stay in proper.
- 31:05Speaker 13: Mister never said I have all this money and I'm
- 31:11Speaker 13: gonna set it aside for you and you just take
- 31:13Speaker 13: it correct?
- 31:14Speaker 32: Correct?
- 31:16Speaker 13: And then after the murder you came down again for
- 31:20Speaker 13: the funeral?
- 31:21Speaker 1: Is that correct?
- 31:22Speaker 32: Yes?
- 31:24Speaker 13: Having having the mission completed right? Yes, Ever get fifty
- 31:32Speaker 13: in cash at.
- 31:33Speaker 34: That time our agreement it would be paid after he
- 31:35Speaker 34: got his life insurance payment.
- 31:39Speaker 13: I don't believe Mark ever gave it the go ahead.
- 31:42Speaker 13: Teresa was worth more alive than dead. Why would he
- 31:45Speaker 13: want to give that up?
- 31:47Speaker 2: As Severs watched his best friend testify, the smiles and
- 31:50Speaker 2: jokes seemed to be replaced by tears and grief. Was
- 31:54Speaker 2: it authentic or a performance for the jury?
- 31:58Speaker 21: For us, it seems that Mark Sievers was not the
- 32:02Speaker 21: grieving husband, but just someone who could bring on tears
- 32:08Speaker 21: when desired, And so we hoped that the jury would
- 32:12Speaker 21: see those tears for what they were, not of those
- 32:15Speaker 21: of a grieving husband, but those of a manipulator.
- 32:20Speaker 2: But some of the jurors had been in tears too.
- 32:28Speaker 36: The evidence has shown that Mark Sievers hired Curtis Wright,
- 32:33Speaker 36: his best friend, would kill his wife, doctor Teresa Severs,
- 32:37Speaker 36: an unconscionable act in light of that sacred contract.
- 32:43Speaker 1: So mister Riot is a felon. He's an admitted liar.
- 32:48Speaker 1: Did you tell us the truth?
- 32:51Speaker 13: None? In the beginning.
- 32:54Speaker 1: He's a killer.
- 32:56Speaker 36: Mister Sievers could ask you to kill his wife in it,
- 32:59Speaker 36: he would ask you say yes, by himself. There's no
- 33:10Speaker 36: reason why any reasonable person should believe a word he says.
- 33:14Speaker 36: But he's corroborated by evidence. Mister Wright says he came
- 33:19Speaker 36: to Florida to kill doctor Seivers with Jimmy Rodgers. There's
- 33:24Speaker 36: evidence of that, corroborative evidence. I want you to consider
- 33:33Speaker 36: asking why. I want you to keep asking why. She's
- 33:38Speaker 36: not a captain of industry. It's not a politician.
- 33:41Speaker 7: Hi, I'm doctor Teresa Severs.
- 33:44Speaker 1: She's a medical doctor and a mother or two and
- 33:46Speaker 1: a wife, and she's dead.
- 33:52Speaker 13: Good morning. You've now heard all the evidence on one question.
- 33:57Speaker 13: No one's answered. Why?
- 34:03Speaker 5: Why?
- 34:05Speaker 13: Why is Teresa Siever's dead? The best answer we can
- 34:11Speaker 13: give you is she is dead because Curtis Wainwright killed her.
- 34:17Speaker 13: And without mister right, Without mister Right, there is no
- 34:22Speaker 13: case in the crime scene itself. Those photos, they're hard
- 34:29Speaker 13: to look at, and they're hard to look at because
- 34:33Speaker 13: that crime scene is anger and it's violence, and it's rage.
- 34:40Speaker 32: And it's hate.
- 34:42Speaker 14: It is not.
- 34:45Speaker 13: Murder for money. Ultimately, the one question you all have
- 34:53Speaker 13: to ask yourselves do you trust her this Waynwright.
- 35:04Speaker 2: The jury began its deliberations just before lunchtime.
- 35:07Speaker 21: You know, you always hope it'll be fast because of
- 35:11Speaker 21: the anxiety and waiting for the verdict.
- 35:13Speaker 13: When the jury goes out, you just said, we did
- 35:16Speaker 13: everything we could, We did everything that we reasonably could.
- 35:22Speaker 2: It was only four hours later when the judge called
- 35:25Speaker 2: everyone back into court.
- 35:28Speaker 37: I've been told we have a verdict states ready. Defense
- 35:33Speaker 37: is ready. So either side need any time to talk
- 35:36Speaker 37: to their sides or their parties. Because these things are
- 35:41Speaker 37: tough and I'm not going to have any outbursts.
- 35:45Speaker 26: We'll let the clerk publish the verdict.
- 35:47Speaker 42: This was almost the perfect crime in the Circuit Court
- 35:51Speaker 42: of the twentieth Judicial Circuit in and for Lee County
- 35:54Speaker 42: Florida Criminal Action State of Florida Versus Mark D. Sivers,
- 36:03Speaker 42: Case Number fifteen cf.
- 36:05Speaker 19: Six seven to three B.
- 36:08Speaker 13: Do you trust Urdus Wainwright verdict?
- 36:11Speaker 43: Will the jury find us follows as to the defendant
- 36:14Speaker 43: in this case count one first degree murder, The defendant
- 36:23Speaker 43: is guilty of first degree murder.
- 36:27Speaker 19: Conspiracy. The defendant is guilty of conspiracy. So say we all.
- 36:33Speaker 19: December fourth, twenty nineteen by the fourth person.
- 36:40Speaker 12: He broke down eventually there, but when that verdict was read,
- 36:43Speaker 12: he was pretty stoic.
- 36:45Speaker 2: Now, the question of how Mark Sievers should be punished.
- 36:50Speaker 36: My partner and I were going to have to sit
- 36:51Speaker 36: down now and ask this jury to recommend a sentence
- 36:55Speaker 36: of death for mister Severs.
- 36:56Speaker 2: The jury would have to find the murder was committed
- 36:59Speaker 2: for either financial gain or in a cold calculated manner,
- 37:03Speaker 2: or both. And the jury also had to consider what's
- 37:07Speaker 2: called a victim impact statement from Teresa Severa's mother, Mary
- 37:11Speaker 2: Anne Groves, who is now allowed to speak publicly of
- 37:14Speaker 2: her loss and her grief, and.
- 37:17Speaker 44: Of course the biggest loss falls upon her two daughters,
- 37:21Speaker 44: whom Teresa loved with all her heart. These two girls
- 37:26Speaker 44: have been robbed of their remarkable mother, their home, their pets,
- 37:34Speaker 44: their possessions, their family and friends. Teresa will not be
- 37:40Speaker 44: able to love and guide them. She won't be there
- 37:46Speaker 44: when they graduate high school, or when they need their
- 37:50Speaker 44: mother to kiss away tears from their first heartbreak. We
- 37:59Speaker 44: have we lost our Teresa, the light of our lives,
- 38:03Speaker 44: the star of our family, who loved us all so fiercely.
- 38:08Speaker 44: It has been hard for all of us to go
- 38:10Speaker 44: on with our daily lives. The void is unimasurable. She
- 38:15Speaker 44: was our strength, our inspiration, and our caretaker.
- 38:25Speaker 2: Only one juror needed to oppose the sentence of death,
- 38:29Speaker 2: and the jury was back in just three hours. The
- 38:32Speaker 2: first question the jury had to answer was the murder
- 38:35Speaker 2: committed for financial pecuniary reasons?
- 38:38Speaker 19: The capital murder was committed for a pecuniary gain.
- 38:41Speaker 2: No, Now the question of whether the murder was committed
- 38:45Speaker 2: in a cold calculated manner.
- 38:47Speaker 43: Yes, we the jury unanimously find that Mark Sievers should
- 38:52Speaker 43: be sentenced to death.
- 38:53Speaker 2: Yes, But the judge still had the power to overrule
- 38:57Speaker 2: the jury's death sentence. He reveals something the jury had
- 39:01Speaker 2: not been told. Sever's eldest daughter had written a letter
- 39:05Speaker 2: asking that her father's life be spared.
- 39:10Speaker 13: The letter essentially said, in not so many words, while
- 39:16Speaker 13: I don't want a relationship with my father, if I
- 39:21Speaker 13: decide that I might at some time in the future,
- 39:26Speaker 13: I can't have that if he has sons to death
- 39:28Speaker 13: and taken from me, and then, for the.
- 39:31Speaker 2: First time the court heard from Mark Severs, defiant and
- 39:34Speaker 2: showing no signs of remorse, Is it okay.
- 39:40Speaker 33: If I refer to my notes, Yes, sir, absolutely.
- 39:45Speaker 27: Although a jury found me guilty, I am innocent of
- 39:48Speaker 27: all charges, as I've maintained since his ain his crime
- 39:51Speaker 27: took place. I love my wife, Teresa and her two daughters,
- 39:55Speaker 27: Josie and Krmi, with all my heart. Our girls have
- 40:03Speaker 27: tragically lost their mommy, and now they're about to lose
- 40:07Speaker 27: their daddy as well.
- 40:09Speaker 45: Therefore, I respectfully ask the court.
- 40:12Speaker 46: For life is not to compound their loss and suffering.
- 40:17Speaker 27: I am grateful, however, that the court can only determine
- 40:20Speaker 27: my fate on earth, while my soul is in God's
- 40:23Speaker 27: hands and God knows the truth. Although I cannot feel
- 40:28Speaker 27: remorse for something I had absolutely nothing to do with,
- 40:31Speaker 27: am deeply saddened and forever heartbroken to say the very least,
- 40:36Speaker 27: that Teresa was taken from us.
- 40:42Speaker 7: Mark Severs was crying for Mark Severs.
- 40:44Speaker 21: He hadn't shed a single tear for Teresa's Sivers at
- 40:47Speaker 21: any time. The only tears Mark Siever's ever shed were
- 40:50Speaker 21: from Mark Severs.
- 40:56Speaker 32: Teresa is my soulmate.
- 40:59Speaker 27: I will miss her and cherish our memories until we
- 41:01Speaker 27: are reunited in heaven. Until then, I will fight this
- 41:06Speaker 27: wrongful conviction until improve an innocent and set to rejoin
- 41:10Speaker 27: my family.
- 41:14Speaker 2: Now, the judge had to weigh the factors in favor
- 41:17Speaker 2: of overturning the jury's decision that Mark Severs should be
- 41:20Speaker 2: put to death.
- 41:22Speaker 24: I will note for the record that his children do
- 41:24Speaker 24: not want the death penalty imposed. And he was a
- 41:26Speaker 24: hands on, devoted father and he did help people were
- 41:29Speaker 24: in need, but it was not enough.
- 41:32Speaker 26: A jury of twelve half bound you guilty as charge.
- 41:35Speaker 11: So you are guilty, and this is the order of
- 41:38Speaker 11: the court that you be sentenced to death.
- 41:39Speaker 9: Sir, you feel so terrible for the family. I feel
- 41:45Speaker 9: so terrible for the girls because their father orphaned them.
- 41:53Speaker 13: Mark, even if you believe everything they said, did not
- 41:57Speaker 13: commit an act of violence. Ark is the only person
- 42:01Speaker 13: Florida's death row right now who did not commit an
- 42:05Speaker 13: act of violence to hear.
- 42:07Speaker 16: The judge say death penalty. Justice has served. He got
- 42:14Speaker 16: exactly what he deserved. He got exactly what he deserved.
- 42:19Speaker 18: I judge people's actions.
- 42:22Speaker 33: I don't judge people's souls. And if I'm wrong, and
- 42:24Speaker 33: hopefully God have mercy on both of us.
- 43:16Speaker 2: The triple murder made headlines when police believed it was
- 43:19Speaker 2: a Richard wallistic set of killing and the appearance of
- 43:22Speaker 2: a rarely seen blue moon.
- 43:25Speaker 45: It's witchcraft. I'll say that right now.
- 43:30Speaker 1: This murder was front page news.
- 43:33Speaker 5: The suffered, I suffered, bigtim.
- 43:35Speaker 10: The way in which each of the victims were killed
- 43:39Speaker 10: was very brutal.
- 43:41Speaker 47: Richard was shot, had a wound to his head, John
- 43:45Speaker 47: whoever did it, and was able to cut his throat.
- 43:48Speaker 47: The mom was killed in the same manner. She was
- 43:51Speaker 47: hit in the head as well with the hammer and
- 43:53Speaker 47: her throat was also cut.
- 43:57Speaker 48: Richard worked in the crypto department, and course, when you
- 44:00Speaker 48: have those high clearances and you don't show up for work,
- 44:03Speaker 48: a lot of people get very concerned.
- 44:04Speaker 47: Whoever did this came over there for a specific reason.
- 44:08Speaker 39: Why so much focus on the silvarette button the trash
- 44:10Speaker 39: because it's bad for them. It is beyond a reasonable
- 44:14Speaker 39: doubt bad for them.
- 44:15Speaker 26: I'm gonna find out and I'm gonna put your ass
- 44:17Speaker 26: in jail.
- 44:18Speaker 49: If you put something out bad, expect bad. That's how
- 44:21Speaker 49: it works.
- 44:26Speaker 17: You're this is what he's going to tell him, and
- 44:31Speaker 17: I'm doing a nut situation, and I grab the gun
- 44:34Speaker 17: trying to find the first place to put a body.
- 44:36Speaker 14: No, sir, the only thing they could do was killing.
- 44:38Speaker 19: You want to say anything, read the jury and to
- 44:41Speaker 19: find the defendant.
- 44:54Speaker 48: There's sixty seven counties in Florida. We're the last county
- 44:57Speaker 48: in Florida before you cross the state line and you're
- 45:00Speaker 48: in the state of Alabama.
- 45:03Speaker 50: We are affectionately known as the Redneck Riviera and we
- 45:08Speaker 50: have the prettiest beaches.
- 45:09Speaker 23: In the world.
- 45:11Speaker 2: But that's not all Scanbia County of Florida is known.
- 45:14Speaker 4: For her.
- 45:17Speaker 48: We unfortunately, have witnessed our fair share of odd crimes
- 45:20Speaker 48: throughout the years. We've had the black widow murders were
- 45:27Speaker 48: here was a lady that killed several of her husbands.
- 45:30Speaker 45: We had the Billings case where the.
- 45:33Speaker 48: Family was murdered in the home and they had eight
- 45:36Speaker 48: special needs children.
- 45:37Speaker 18: We seem to find our way in the paper, probably
- 45:39Speaker 18: more than we would like.
- 45:41Speaker 2: And it was here that the infamous serial killer Ted
- 45:44Speaker 2: Bundy was captured.
- 45:45Speaker 48: He didn't get away from us. We ended up prosecuting him,
- 45:47Speaker 48: and of course he was finally put to death. But
- 45:50Speaker 48: he's just one in that long string of people that
- 45:53Speaker 48: somehow have a tie to a Scamby County. We jokingly
- 46:03Speaker 48: say that Scanby County is this, you know, twilight zone vortex.
- 46:08Speaker 2: And no case fit that description better that what came
- 46:11Speaker 2: to be called the Blue Moon murders connected to a
- 46:15Speaker 2: rare astrological occurrence, historical overtones of witchcraft.
- 46:25Speaker 29: There are some indications of what the motive is.
- 46:28Speaker 1: This murder was front page needs.
- 46:33Speaker 47: The media really latched onto the Blue Moon witchcraft murder.
- 46:40Speaker 2: Three members of one family found dead in their modest home.
- 46:45Speaker 45: Initial research has led us to believe that there's a
- 46:47Speaker 45: potential that it was a ritualistic killing.
- 46:51Speaker 10: The way in which each of the victims were killed
- 46:54Speaker 10: was was very brutal.
- 46:58Speaker 4: You know.
- 46:58Speaker 48: The time to death, we believe on Tuesday, also coincides
- 47:02Speaker 48: with what's referred to as a blue mood.
- 47:06Speaker 45: It's witchcraft. I'll say that right now.
- 47:11Speaker 2: The crime scene itself was a puzzle for investigators.
- 47:18Speaker 48: It was kind of a macob scene.
- 47:19Speaker 45: It was so out of the ordinary.
- 47:21Speaker 10: The house was kind of in disarray.
- 47:24Speaker 20: They noticed that there were piles of blankets and clothing.
- 47:27Speaker 20: Once they kind of lifted the outer edges of those
- 47:30Speaker 20: piles of blankets and clothing in the din area, they
- 47:34Speaker 20: observed a foot and they also observed a hand, a
- 47:40Speaker 20: female hand. Underneath one of the piles.
- 47:44Speaker 2: The body of an elderly woman, von Siel Smith, and
- 47:48Speaker 2: under the other piles of clothing her two adult sons,
- 47:52Speaker 2: Richard and John Well.
- 47:54Speaker 47: Whoever had done this had taken time, obviously to cover
- 47:57Speaker 47: the bodies up.
- 48:00Speaker 2: Instigation was led by Veniscambia County Homicide detective Matt Enfinger.
- 48:05Speaker 47: The position of John sitting on the couch. Whoever did it,
- 48:09Speaker 47: walked right up to him, hit him in the head
- 48:12Speaker 47: with a hammer, and then was able to cut his throat.
- 48:18Speaker 47: He didn't even try and defend himself, so he was
- 48:21Speaker 47: either asleep or knew the individual. The mom was killed
- 48:26Speaker 47: in the same manner. She was killed in her chair
- 48:28Speaker 47: in the living room where she always stayed and watched TV.
- 48:32Speaker 47: She was hitting the head as well with a hammer,
- 48:34Speaker 47: and her throat.
- 48:36Speaker 29: Was also cut.
- 48:37Speaker 47: Richard was shot, had a wound to his head and
- 48:43Speaker 47: his throat was also cut.
- 48:45Speaker 2: And investigators came to learn from neighbors that there was
- 48:48Speaker 2: an aura of mystery about the victims themselves, starting with
- 48:52Speaker 2: the mother.
- 48:53Speaker 50: She was a woman who apparently never left the house.
- 48:57Speaker 50: She ordered from qv She'd get five and six packages.
- 49:02Speaker 25: A day from QVC.
- 49:05Speaker 50: The home was just stuffed with boxes and dresses and
- 49:11Speaker 50: all sorts of things that she bought from QVC.
- 49:15Speaker 18: These people, they stayed to themselves. There were neighbors that
- 49:19Speaker 18: didn't have any interaction with them.
- 49:21Speaker 2: The older brother, Richard, worked at the Pensacola Naval Air
- 49:25Speaker 2: Station for a secretive homeland security division, which added to
- 49:29Speaker 2: the mystery surrounding the case.
- 49:32Speaker 48: Richard worked in the crypto department. You know, some of
- 49:35Speaker 48: this we really aren't at liberty to talk about some
- 49:37Speaker 48: of the elements of the case, but he worked in
- 49:39Speaker 48: the crypto room, which is all the codes that they
- 49:42Speaker 48: teach the navy folks. And of course, when you have
- 49:45Speaker 48: those high clearances and you don't show up for work,
- 49:48Speaker 48: a lot of people get very concerned.
- 49:51Speaker 20: So certainly one of the things that investigators looked into
- 49:54Speaker 20: was whether Richard Smith's job had anything to do with
- 49:58Speaker 20: his murder, as well as the murder of his family members.
- 50:01Speaker 50: When Richard Smith's body was discovered, his car keys were missing,
- 50:06Speaker 50: and there was DNA in one of his front pants
- 50:11Speaker 50: pockets that was not identified, which is a pretty strange
- 50:16Speaker 50: thing to have happened, and a.
- 50:20Speaker 2: Full federal investigation was launched to see if some foreign
- 50:24Speaker 2: assassin or terrorist was somehow connected to what happened. To
- 50:27Speaker 2: the federal there was.
- 50:30Speaker 47: Two DHS investigators that worked with me on the case,
- 50:34Speaker 47: and we were able to determine that there was nothing
- 50:36Speaker 47: that Richard was working on that would lend to this
- 50:40Speaker 47: type of thing happened to him.
- 50:42Speaker 2: What the investigators were focused on instead was a man
- 50:45Speaker 2: who lived nearby and would later claim to be a
- 50:48Speaker 2: follower of a pagan religion called Wicca, people who believe
- 50:52Speaker 2: in magic and practice witchcraft with rituals tied to faces
- 50:57Speaker 2: of the moon.
- 51:00Speaker 48: And in his home he had you know, the altar
- 51:02Speaker 48: set up with the dead flowers and the dagger and
- 51:05Speaker 48: the you know, he had a pentagram on the floor.
- 51:17Speaker 47: I knew that this wasn't a random homicide because there
- 51:20Speaker 47: was no forced entry to the home, so it was
- 51:23Speaker 47: like whoever did this came over their for specific reason,
- 51:28Speaker 47: committed these murders and then tried to conceal it.
- 51:32Speaker 2: And over the next twenty four hours, investigators would find
- 51:35Speaker 2: themselves fully caught up in what the county sheriff called
- 51:39Speaker 2: the twilight zone of vortex.
- 51:45Speaker 15: The three could have been murdered in a witchcraft ritual
- 51:48Speaker 15: based on the timing of the blue moon and the
- 51:50Speaker 15: positioning of the victims' bodies.
- 51:52Speaker 5: The way we found out it was on the news.
- 51:55Speaker 2: The Smith families out of town relatives were horrified as
- 51:58Speaker 2: they learned the details of what happened inside this home
- 52:01Speaker 2: in Pensacola, Florida.
- 52:06Speaker 5: I'm trying not to think of what they went through
- 52:08Speaker 5: that day. You know, when I do, I break down.
- 52:12Speaker 2: Fay Haas was a cousin to the two dead sons,
- 52:14Speaker 2: Richard and John. Vonzilla was her aunt, known as Aunt Bonnie.
- 52:19Speaker 5: This is ain't Bonnie.
- 52:20Speaker 26: This is ain't Bonnie.
- 52:22Speaker 5: When I think of what they went through, That's that's
- 52:25Speaker 5: the hard thing they suffered. The suffered big time.
- 52:31Speaker 2: She had a hard time understanding who would want to
- 52:34Speaker 2: kill any of them. John, at the age of forty seven,
- 52:37Speaker 2: had never quite grown up That was the.
- 52:40Speaker 5: Hardest I think to take because he was so sweet.
- 52:44Speaker 51: He was just.
- 52:47Speaker 5: And always smiling. He was like a child in a
- 52:50Speaker 5: man's body. The special needs.
- 52:55Speaker 2: She says, her Aunt Bonnie only became a shut in
- 52:57Speaker 2: after her husband died and her health failed.
- 53:02Speaker 5: My aunt was a good woman and she was a
- 53:04Speaker 5: very good mother. They traveled a lot. I had plenty
- 53:07Speaker 5: of pictures and they traveled and a lot. They were
- 53:12Speaker 5: very outgoing before. So they were very active until the illness, and.
- 53:18Speaker 2: The eldest son, Richard, took care of both his mother
- 53:21Speaker 2: and brother.
- 53:22Speaker 5: A lot of people say why was he forty nine
- 53:24Speaker 5: and living at home? Because he was taking care of
- 53:27Speaker 5: his mother and he knew he was gonna have to
- 53:29Speaker 5: take care of John all his life.
- 53:32Speaker 2: The biggest question on fay Hoss's mind was why Aunt
- 53:35Speaker 2: Bonnie's third son, Donald Wayne Harte, who also lived in Pensacola,
- 53:40Speaker 2: had not called.
- 53:42Speaker 5: And I said, Wayne hasn't called us, Why hasn't he
- 53:44Speaker 5: called us or tried to get in touch with any
- 53:46Speaker 5: of us over here?
- 53:49Speaker 2: That was because Donald Wayne Hartug was at the police station.
- 53:53Speaker 26: Let to start bringing your name and information. What's your
- 53:56Speaker 26: first name, Donald, your middle named Donald Wayne?
- 54:01Speaker 25: W A y and E.
- 54:04Speaker 29: Hart Tong h A R t U n G.
- 54:07Speaker 47: The first interview I did with Donald, I was trying
- 54:09Speaker 47: to just get a overall picture of the family and
- 54:14Speaker 47: what was going on the family dynamics.
- 54:18Speaker 2: Donald Hartong was fifty nine years old and worked as
- 54:21Speaker 2: a security guard at a local hospital. He told detective
- 54:24Speaker 2: Matt Enfinger he had a good relationship with his mother
- 54:27Speaker 2: and with stepbrothers John and Richard Smith.
- 54:30Speaker 26: Do you have good relationships with them or yeah, they
- 54:33Speaker 26: have great relationships.
- 54:35Speaker 2: Hartong said he had last been at the house three
- 54:38Speaker 2: days earlier when he went there to cook dinner as
- 54:40Speaker 2: he does every Tuesday. He had not yet been told
- 54:44Speaker 2: how his family died.
- 54:47Speaker 26: Your folks, your family over there was killed killed.
- 54:52Speaker 29: They said they were to station, and they never told
- 54:54Speaker 29: me how they were killed.
- 54:55Speaker 26: They're dead, and it looks like they were killed kill.
- 55:05Speaker 26: How were they kill 'em? It looked like they were
- 55:08Speaker 26: shot shot.
- 55:14Speaker 29: How was that?
- 55:17Speaker 26: Well, it looked like they was shot. It's hard to
- 55:21Speaker 26: tell cause there was a lot of clothes on top
- 55:23Speaker 26: of 'em.
- 55:24Speaker 29: Clothes on top of 'em. Oh my god?
- 55:36Speaker 6: Or hm.
- 55:41Speaker 29: W were they robbed or.
- 55:45Speaker 26: I don't think so.
- 55:47Speaker 29: It just looks like somebody just came in and shot 'em.
- 55:51Speaker 26: Yeah, it looks like somebody knew 'em. Whoever did it?
- 55:57Speaker 29: Well, I don't know anybody. I don't know any that
- 56:00Speaker 29: they know. Could have been anybody.
- 56:06Speaker 20: This was a man who supposedly had just found out
- 56:10Speaker 20: that his mother and his two brothers had been murdered,
- 56:13Speaker 20: and the fact that he was very kind of nonchalant.
- 56:17Speaker 10: He was not emotional whatsoever.
- 56:20Speaker 38: He did not cry, he did not seem surprised, he
- 56:24Speaker 38: really didn't seem concerned.
- 56:26Speaker 2: And because hard Talk was the last person known to
- 56:29Speaker 2: see his family alive, he was then asked the big question, So.
- 56:34Speaker 26: Some didn't happen when you were over there Tuesday night
- 56:36Speaker 26: and you killed him?
- 56:37Speaker 29: No, nothing happened.
- 56:41Speaker 26: Are you sure?
- 56:42Speaker 6: Yes?
- 56:43Speaker 26: Because if something happened, now some time to tell me.
- 56:46Speaker 46: I would not kill my mother and my brothers, Okay,
- 56:54Speaker 46: I mean, why would I do something like that.
- 56:57Speaker 26: I don't know, I don't know you.
- 57:01Speaker 52: Well, I understand that, I know that's true, but I
- 57:06Speaker 52: wouldn't do something like it. I'd never harmed my family.
- 57:10Speaker 20: He was also asked if they could search his home,
- 57:13Speaker 20: which again was approximately three miles away from where the
- 57:16Speaker 20: Smith family lived he did consent to a search of
- 57:19Speaker 20: his home, he did seem cooperative.
- 57:23Speaker 2: And that led to a surprising discovery. Donald Hartung was
- 57:27Speaker 2: a practicing member of the Wicker religion, a believer in
- 57:30Speaker 2: magic and witchcraft.
- 57:32Speaker 48: Who knows, I'm not a psychiatrist or a psychologist. Obviously
- 57:36Speaker 48: that that was a way for him to justify in
- 57:38Speaker 48: his own mind, you know, as to what he was doing.
- 57:42Speaker 2: But that was no surprise to Hartung's family members, who
- 57:45Speaker 2: said Harttung's mother, a good Christian lady, had been outraged
- 57:49Speaker 2: about Donald's wicked beliefs.
- 57:53Speaker 5: And she did not agree with her sign doing the Wickham.
- 57:57Speaker 5: And she knew he was doing the Wickham. It's which
- 58:00Speaker 5: craft of her, this devil worship. That's the way my
- 58:04Speaker 5: aunt thought about it. And she didn't want her other
- 58:07Speaker 5: two signs around him. She was very against it.
- 58:10Speaker 2: That didn't swear with what Hartung had told Detective Intriguer
- 58:13Speaker 2: about his relationship with his mother.
- 58:15Speaker 26: And she's all I got. She was the one that
- 58:18Speaker 26: was always there for you.
- 58:19Speaker 6: That's right.
- 58:20Speaker 52: She's always there for me. She was always there for me.
- 58:27Speaker 52: Ain't nothing in this world I could ask my mother
- 58:29Speaker 52: for it. She wouldn't give me really, that's right.
- 58:34Speaker 6: Nothing.
- 58:35Speaker 47: But when I spoke with neighbors other people that knew
- 58:40Speaker 47: the victims of the family, it was different than what.
- 58:44Speaker 30: Donald had told me.
- 58:46Speaker 47: The relationships weren't as close as Donald had portrayed the
- 58:52Speaker 47: relationships to be. They were more distant. There wasn't a
- 58:56Speaker 47: lot of communication within the family. Donald only came came
- 59:00Speaker 47: over on Tuesdays to cook and that was about it.
- 59:06Speaker 2: So well after midnight on the day the bodies were discovered,
- 59:10Speaker 2: at about one point thirty in the morning, Donald Hartung
- 59:13Speaker 2: was brought back to the Sheriff's office.
- 59:15Speaker 47: When something like this happens, you are working twenty four
- 59:19Speaker 47: to seven till you had a dead end.
- 59:22Speaker 2: All leeds pointed to Hartung as the murderer.
- 59:25Speaker 26: And killed your mom.
- 59:27Speaker 52: I did not kill my mother and then killed your brother.
- 59:31Speaker 52: I wouldn't even kill my mom or my brother either
- 59:37Speaker 52: one of my brothers. I mean, do I look like
- 59:43Speaker 52: some kind of a blooming maniac for you people?
- 59:47Speaker 30: I mean you mean.
- 59:49Speaker 2: Could the detective get a confession out of this late
- 59:52Speaker 2: night interrogation? Was the blue Moon going to be the
- 59:56Speaker 2: key to solving the murders? In the first twenty four
- 1:00:05Speaker 2: hours of the investigation. The working theory was that a
- 1:00:08Speaker 2: rare blue moon had led Donald Hartung to kill his
- 1:00:11Speaker 2: family as part of a ritualistic sacrifice connected to the
- 1:00:15Speaker 2: Wicked religion. That was the theory.
- 1:00:18Speaker 29: I don't know anything about wicked sacrifices. I don't know
- 1:00:22Speaker 29: a thing about anything on.
- 1:00:23Speaker 2: Dam and Detective Matt Intriguer pounded away on that theory
- 1:00:28Speaker 2: during a post midnight interrogation of Hardtime, who had acknowledged
- 1:00:31Speaker 2: he was a follower of Wicca.
- 1:00:33Speaker 26: Who knows that you're wicked?
- 1:00:36Speaker 29: Nobody. I'm a solitary practitioner. Nobody knows that I'm a wicked.
- 1:00:41Speaker 1: If you know about the blue moon, all that kind
- 1:00:44Speaker 1: of stuff, you.
- 1:00:44Speaker 29: Do, well, I know about the blue moon. I know
- 1:00:47Speaker 29: it's too full moons, but I mean it's been all
- 1:00:50Speaker 29: over the radio.
- 1:00:51Speaker 22: I was explaining to you about the wicked ritual. They
- 1:00:54Speaker 22: could cover them to keep them warm after they kill him.
- 1:00:59Speaker 29: I don't know nothing about no ritual like that.
- 1:01:05Speaker 26: I mean, what kind of I mean, who does that?
- 1:01:09Speaker 29: A crazy person does that.
- 1:01:15Speaker 2: Only later, a detective Infigure learned that the theory of
- 1:01:18Speaker 2: a blue moon ritual sacrifice was completely at odds with
- 1:01:22Speaker 2: the wicked faith that is just insanity.
- 1:01:25Speaker 3: There are knows there is no such thing as human
- 1:01:28Speaker 3: sacrifice in the religion of Wicked, none, zero.
- 1:01:35Speaker 53: Silch.
- 1:01:36Speaker 2: Susie Smith calls herself a high priestess of the Wickan
- 1:01:39Speaker 2: religion and is proud to be known as a witch.
- 1:01:42Speaker 49: I am a witch, I am a witch, and I
- 1:01:45Speaker 49: am wicked.
- 1:01:47Speaker 2: She was so upset about what Sheriff Morgan said that
- 1:01:50Speaker 2: she sent him this video, demanding he retracted his statements.
- 1:01:54Speaker 3: And for Sheriff Morgan to attach the Wiccan religion to
- 1:02:00Speaker 3: this murder was presumptuous and he should have checked his
- 1:02:04Speaker 3: facts before he made such accusatory statements. As a high
- 1:02:10Speaker 3: priestess of the community, I have the right to say
- 1:02:14Speaker 3: yes you are Wickan, No you're not.
- 1:02:16Speaker 49: I want them to know that this man has nothing
- 1:02:19Speaker 49: to do with our community.
- 1:02:21Speaker 2: But that was well after the sheriff had already made
- 1:02:24Speaker 2: headlines around the world with his Blue Moon Wickan theory.
- 1:02:28Speaker 45: It's witchcraft, I'll say that right now.
- 1:02:32Speaker 2: The Sheriff's information was based apparently on a deputy's quick
- 1:02:35Speaker 2: reading of a since debunked website that deals in witchcraft
- 1:02:39Speaker 2: and conspiracies.
- 1:02:43Speaker 1: It had no.
- 1:02:45Speaker 50: Basis in fact, and it was just baffling that the
- 1:02:49Speaker 50: sheriff went off on that tangent. You have to look
- 1:02:53Speaker 50: at the sheriff's theory in the perspective of the day
- 1:02:58Speaker 50: he made his announce smant that Donald was a suspect
- 1:03:03Speaker 50: and that there was it was a wicked witchcraft type murder.
- 1:03:10Speaker 50: Was also when he had his first fundraiser for his
- 1:03:13Speaker 50: re election campaign. The sheriff made lots of headlines, got
- 1:03:19Speaker 50: a lot of publicity, and effectively helped his campaign considerable.
- 1:03:26Speaker 2: But for the homicide case, the blue Moon theory was
- 1:03:29Speaker 2: a rabbit hole that did nothing to further the investigation.
- 1:03:34Speaker 47: I got calls from all over the United States about it,
- 1:03:37Speaker 47: and it was I was having to deal with trying
- 1:03:40Speaker 47: to investigate a murder and deal with all this wicked stuff.
- 1:03:44Speaker 2: And after pumping Donald Hartunk over and over in the
- 1:03:48Speaker 2: early morning hours about his wickened belief, Detective Infiger got
- 1:03:52Speaker 2: nowhere despite repeatedly calling him a killer.
- 1:03:56Speaker 22: Nobody has seen these people since Tuesday, since.
- 1:04:00Speaker 6: You saw.
- 1:04:02Speaker 29: I was the last want to see him alive?
- 1:04:05Speaker 22: Yeah, so how are you gonna sit there and tell
- 1:04:11Speaker 22: us that you didn't kill them when you were the
- 1:04:15Speaker 22: last one to see him.
- 1:04:17Speaker 26: They trusted you.
- 1:04:19Speaker 6: And you killed them.
- 1:04:20Speaker 26: They didn't think anything of it. They didn't know what
- 1:04:22Speaker 26: was coming.
- 1:04:23Speaker 29: I love my parents.
- 1:04:25Speaker 26: I'm sure you did.
- 1:04:26Speaker 29: You and my brothers, and I did not kill him.
- 1:04:29Speaker 29: I did not kill him. I would never harm my mother,
- 1:04:33Speaker 29: never hurt my brothers, never.
- 1:04:35Speaker 47: I never thought Donald was going to confess to the murder.
- 1:04:38Speaker 47: When I was interviewing him, he was a little, I'm
- 1:04:42Speaker 47: not gonna say, arrogant, but he had a confidence about
- 1:04:46Speaker 47: himself that he he thought he could outsmart.
- 1:04:50Speaker 2: Us with no confession and no physical evidence or even
- 1:04:55Speaker 2: video surveillance footage to implicate him. Donald Hartugg was allowed
- 1:04:59Speaker 2: to go home, to the horror of his relatives who
- 1:05:02Speaker 2: had come for the funeral.
- 1:05:05Speaker 5: He never cried a tear. He never shed a tear
- 1:05:07Speaker 5: at the funeral, never at the graveside. He scared us
- 1:05:14Speaker 5: because we had went by his house one time and
- 1:05:16Speaker 5: he was standing there and we were sitting at the table,
- 1:05:21Speaker 5: and he reached up on top of his refrigerator. He
- 1:05:25Speaker 5: was standing there. He said, well, if I'm a murderer
- 1:05:28Speaker 5: and they're so smart, why didn't they find this? And
- 1:05:32Speaker 5: he slammed a machete on the table where we were sitting.
- 1:05:37Speaker 2: Now the investigation would depend on the forensics any fingerprints
- 1:05:41Speaker 2: or DNA found at the sea. A real challenge in
- 1:05:45Speaker 2: this investigation.
- 1:05:47Speaker 20: It's difficult to make a case when there is a
- 1:05:49Speaker 20: family member involved, simply because we knew that Donald Hartung
- 1:05:52Speaker 20: went to the family home on every Tuesday to cook dinner.
- 1:05:56Speaker 20: So the fact that his DNA is going to be
- 1:05:58Speaker 20: there is you know again, But what happened in this
- 1:06:01Speaker 20: case is that his DNA turned.
- 1:06:03Speaker 10: Up on places where it absolutely should not have been, on.
- 1:06:07Speaker 2: The zipper of his brother, Richard's notebookcase and on Richard's checkbook.
- 1:06:12Speaker 2: Now that interrogation conducted by Detective Infiger really paid off,
- 1:06:17Speaker 2: as Harttung was asked if he had ever touched any
- 1:06:19Speaker 2: of Richard or RT's belongings.
- 1:06:22Speaker 52: Well, I mean if it's in the house, I didn't
- 1:06:24Speaker 52: touch it, okay, or no matter where it was, I
- 1:06:27Speaker 52: didn't touch it.
- 1:06:27Speaker 29: I mean I don't mess with nothing of r TS.
- 1:06:31Speaker 20: That definitely jumped out to us. And we had Donald
- 1:06:35Speaker 20: Hartung's DNA on the inside of Richard's belt, and obviously
- 1:06:39Speaker 20: that was a place that his DNA should not have
- 1:06:41Speaker 20: been because he told law enforcement that he had not
- 1:06:44Speaker 20: seen Richard in either two to three weeks.
- 1:06:48Speaker 22: So you said you'd never touched anything of our teas before,
- 1:06:52Speaker 22: not that not to the RT wasn't there.
- 1:06:55Speaker 2: But the clincher may have been what was found in
- 1:06:57Speaker 2: the trash can on top of some bloody towels, and.
- 1:07:02Speaker 20: Then on top of that was a cigarette butt that
- 1:07:04Speaker 20: had Donald hartung as DNA. So whoever put that cigarette
- 1:07:09Speaker 20: but in the trash coun or smoked that cigarette butt
- 1:07:11Speaker 20: and placed it on top of the items of cleanup
- 1:07:15Speaker 20: was certainly in the home at least at the time
- 1:07:17Speaker 20: of the homicides and the time of the queen us.
- 1:07:21Speaker 47: That that kind of sealed the deal in my mind
- 1:07:24Speaker 47: that Donald was the one who did this.
- 1:07:27Speaker 2: It took three months of work, but the time had
- 1:07:30Speaker 2: come to arrest Donald Harton for the murder of his
- 1:07:32Speaker 2: family just a few days before Halloween.
- 1:07:41Speaker 35: Head of us has been made in a three month
- 1:07:43Speaker 35: old triple murder in Pensacola.
- 1:07:45Speaker 54: Pullae Say, fifty eight year old Donald Hartungue Junior murdered
- 1:07:47Speaker 54: his mother and two half brothers.
- 1:07:50Speaker 25: He was in a claw hammer and.
- 1:07:52Speaker 5: I just broke down and started crying and I said,
- 1:07:54Speaker 5: thank you Lord, thank you, thank you. It was the
- 1:07:56Speaker 5: hardest three months we've ever lived, whiting on him to
- 1:08:00Speaker 5: get arrested.
- 1:08:02Speaker 2: But it would take another four years before the case
- 1:08:05Speaker 2: went to trial, and in that time Hartung's lawyer, Michael Griffith,
- 1:08:09Speaker 2: would uncover evidence that the investigation had its own serious flaws,
- 1:08:14Speaker 2: flaws that Griffith was prepared to fully exploit in his
- 1:08:18Speaker 2: courtly Southern way.
- 1:08:21Speaker 50: You certainly have to be aggressive, but you don't have
- 1:08:24Speaker 50: to be a rude horse's ass. This isn't a Jerry
- 1:08:27Speaker 50: Springer shot.
- 1:08:35Speaker 12: Jury selections begun in a triple murder case linked to witchcraft.
- 1:08:40Speaker 2: The triple murder made headlines when police believed it was
- 1:08:42Speaker 2: a ritualistic set of killings tied to witchcraft and the
- 1:08:46Speaker 2: appearance of a rarely seen blue.
- 1:08:48Speaker 55: Moon sirporta planted versus Donald Wayne Hartung dependant.
- 1:08:52Speaker 2: But for all the media talk and the headlines about
- 1:08:54Speaker 2: the so called Blue Moon ritual murders, the prosecution would
- 1:08:58Speaker 2: not make any mention of that in the opening statement.
- 1:09:02Speaker 56: When we got the case at the State Attorney's office,
- 1:09:05Speaker 56: we didn't believe the evidence showed that this was related
- 1:09:08Speaker 56: to wake in or sacrifice, and.
- 1:09:11Speaker 50: I knew they weren't going down that rabbit hole. They
- 1:09:14Speaker 50: were too good to lawyers to go down that rabbit hole.
- 1:09:17Speaker 39: Good morning, ladies and gentlemen, welcome back.
- 1:09:20Speaker 2: But lead prosecutor Bridget Jensen knew she had to provide
- 1:09:23Speaker 2: the jury with a motor for Donald Hartung.
- 1:09:25Speaker 38: In her opening statement, there will be no question that
- 1:09:29Speaker 38: this defendant is the person who murdered his family.
- 1:09:32Speaker 39: And here is why.
- 1:09:37Speaker 38: Last will and testament of von sil Smith he was excluded.
- 1:09:45Speaker 38: So to be included, all three of them had to die.
- 1:10:03Speaker 1: Members of the jury.
- 1:10:04Speaker 50: I heard mss Jensen's opening statement and it was masterful,
- 1:10:08Speaker 50: but it leaves out many of the facts, or the
- 1:10:12Speaker 50: lack of facts that you were going to hear. The
- 1:10:17Speaker 50: biggest problem is jurys want to believe the police is
- 1:10:21Speaker 50: are right. They want to believe the prosecutors all wear
- 1:10:24Speaker 50: white hats, and they wouldn't prosecute a case.
- 1:10:28Speaker 25: Against an innocent person.
- 1:10:30Speaker 2: And defense lawyer Michael Griffith was prepared to challenge significant
- 1:10:34Speaker 2: holes in the state's case.
- 1:10:36Speaker 50: There is no indication of any physical evidence that he
- 1:10:40Speaker 50: committed any of the murders. There was no gun found,
- 1:10:44Speaker 50: there was no blood found at his house. There was
- 1:10:48Speaker 50: nothing to link him in any way to these murders,
- 1:10:51Speaker 50: besides his DNA at his mom's house, where he went
- 1:10:55Speaker 50: at least every Tuesday to cook dinner. For Now, as
- 1:10:59Speaker 50: far as as the will is concerned, what the will
- 1:11:03Speaker 50: says that Donald Hartung Junior is excluded? My client is
- 1:11:07Speaker 50: Donald Hartung Senior?
- 1:11:09Speaker 1: Is that an error in drafting the will?
- 1:11:11Speaker 50: Or was it meant to exclude mister Hartung's son, Donald
- 1:11:16Speaker 50: Hartung Junior.
- 1:11:18Speaker 2: For prosecutors, the four years that Donald Hartung awaited trial
- 1:11:22Speaker 2: in the Escambia County jail gave them a crucial advantage.
- 1:11:27Speaker 39: And will you state your full name please?
- 1:11:30Speaker 2: Moran duvon Pirifoy, a jail house informant who had been
- 1:11:34Speaker 2: housed with Hartung.
- 1:11:35Speaker 20: Mister Purrifoy had information that he could not have gotten
- 1:11:39Speaker 20: without having conversations with mister Hartoon. Now did there come
- 1:11:43Speaker 20: a time when mister Hartung talked about the murder of
- 1:11:47Speaker 20: his family?
- 1:11:48Speaker 32: He told, okay?
- 1:11:49Speaker 39: And did he tell you who killed his mother and
- 1:11:52Speaker 39: two brothers?
- 1:11:53Speaker 32: He said he killed?
- 1:11:57Speaker 39: Did he tell you why.
- 1:12:00Speaker 15: Want?
- 1:12:00Speaker 57: He wanted the money because she left him at the wheel?
- 1:12:03Speaker 39: Now did he tell you if.
- 1:12:06Speaker 38: The murders were Was it just something that kind of
- 1:12:08Speaker 38: happened or was this something he'd been thinking about?
- 1:12:10Speaker 57: Well, he saved me playing the last last three three
- 1:12:13Speaker 57: and four years, said Ouija board made him go aboard.
- 1:12:15Speaker 32: Though what, I'm sorry Wiji board?
- 1:12:19Speaker 39: What about a ouigi board?
- 1:12:20Speaker 32: He said that made him do it made him go aboard.
- 1:12:23Speaker 2: This is the Ouiji board investigators discovered at the home
- 1:12:26Speaker 2: of Donald Hartungue, along with other books and symbols of witchcraft.
- 1:12:30Speaker 20: According to mister Purrifoy, a lot of other inmates were
- 1:12:34Speaker 20: actually scared of mister Hartongue.
- 1:12:36Speaker 32: Why they thought he was a witch.
- 1:12:39Speaker 2: And then Purifoy testified about what harttung claimed to have
- 1:12:42Speaker 2: done to his mother Voncil.
- 1:12:45Speaker 57: He went to his mother, then he tortured heart so
- 1:12:48Speaker 57: she could tell the combination for the safe and stuff.
- 1:12:51Speaker 39: He said, he tortured her.
- 1:12:52Speaker 32: I'm sorry he tortured her.
- 1:12:54Speaker 57: How he could have a left pinker finger so he
- 1:12:57Speaker 57: can tell the combination for the safe and stuff.
- 1:13:01Speaker 2: Investigators found the safe at the home had been successfully opened.
- 1:13:05Speaker 47: I knew that the pinky finger was cut. I didn't
- 1:13:10Speaker 47: know how it happened or why. And then when Purefoy
- 1:13:13Speaker 47: stated that Donald had done that torture and his mother
- 1:13:17Speaker 47: had made sense.
- 1:13:18Speaker 2: On cross examination, Purifoy held his own question by Griffith's cocossle.
- 1:13:23Speaker 58: Mister Purefoy, you've been convicted of felony, as she said
- 1:13:26Speaker 58: six or seven times, yes, ma'am, and a conviction for
- 1:13:30Speaker 58: a crime of dishonesty.
- 1:13:31Speaker 32: Yes, ma'am.
- 1:13:33Speaker 50: Jurys still tend to put credibility in what these jail
- 1:13:37Speaker 50: house nitches say. And I think the reason is jury's
- 1:13:41Speaker 50: don't understand that these convicts.
- 1:13:45Speaker 25: Are con men. They can sell ice water to eskimas
- 1:13:49Speaker 25: a lot of them.
- 1:13:50Speaker 57: He was about the money because he off that to
- 1:13:52Speaker 57: Breag like he's gonna go to Miami still hang out
- 1:13:55Speaker 57: with some girls and stuff.
- 1:14:00Speaker 58: And you testified earlier that mister Hartung was angry because
- 1:14:07Speaker 58: his mother had written mister Hartung's son out of the will.
- 1:14:11Speaker 32: No be boked him out of will him and his son.
- 1:14:16Speaker 2: Now the defense took over focused on undercutting the handling
- 1:14:20Speaker 2: of the crime scene forensics.
- 1:14:23Speaker 25: I think it was a very sloppy investigation.
- 1:14:27Speaker 29: For murder case.
- 1:14:28Speaker 2: The defense brought out that the lead crime scene technician
- 1:14:31Speaker 2: who collected the DNA, Christine Rawlins, had since been fired
- 1:14:35Speaker 2: and was being prosecuted for stealing drugs from the evidence room.
- 1:14:39Speaker 58: So with the twenty four felony counts you were charged with,
- 1:14:44Speaker 58: you were facing potentially one hundred and seventy years in prison.
- 1:14:48Speaker 34: Is that right? Yes, bam?
- 1:14:50Speaker 5: Yes.
- 1:14:50Speaker 39: What happens when the hammer hits.
- 1:14:53Speaker 2: And the state's medical exeminor had since resigned after allegation
- 1:14:57Speaker 2: she had misused state money. We've got a medical examiner
- 1:15:01Speaker 2: playing funny with money.
- 1:15:03Speaker 1: She quits her job because of it.
- 1:15:04Speaker 12: We've got a crime scene tech who stole drugs from
- 1:15:06Speaker 12: the evidence room and got in trouble herself.
- 1:15:09Speaker 25: The jury has to believe these people.
- 1:15:10Speaker 2: Who do you believe no one?
- 1:15:13Speaker 5: I believe no one.
- 1:15:15Speaker 2: All leading to a challenge of the time of death,
- 1:15:17Speaker 2: the day when the prosecution said the victims had been killed.
- 1:15:21Speaker 2: The bodies were discovered on our Friday, July thirty first,
- 1:15:25Speaker 2: but the investigators concluded the murders had taken place three
- 1:15:29Speaker 2: days earlier, on Tuesday, the twenty eighth, the day Hartung
- 1:15:33Speaker 2: was seen by a neighbor arriving at the home and
- 1:15:36Speaker 2: leaving later than usual.
- 1:15:38Speaker 54: Early afternoon, I saw mister Hartong arrive, and then later
- 1:15:47Speaker 54: on I saw RT come home, and then I saw
- 1:15:50Speaker 54: mister Hartung leave.
- 1:15:53Speaker 2: Now was it.
- 1:15:55Speaker 39: Normal or abnormal to see RT come home while Heartung
- 1:16:00Speaker 39: was still.
- 1:16:00Speaker 32: At the house.
- 1:16:02Speaker 11: It was not usual.
- 1:16:04Speaker 54: Usually mister Hartung was gone before RT came home.
- 1:16:09Speaker 2: In RT's Richard Smith's body was found wearing the same
- 1:16:12Speaker 2: clothes seen on him in this surveillance video when he
- 1:16:15Speaker 2: left work that Tuesday, adding to the evidence he was
- 1:16:18Speaker 2: killed that Tuesday night. But a defense medical.
- 1:16:23Speaker 31: Expert, I'm doctor Jonathan Arden.
- 1:16:26Speaker 2: Called that into serious question, saying the victims could not
- 1:16:29Speaker 2: have been killed on Tuesday, the twenty eighth, as the
- 1:16:32Speaker 2: prosecutors said, based on their body heat and rigor mortis
- 1:16:36Speaker 2: level when they were discovered. The doctor said they were
- 1:16:39Speaker 2: killed no sooner than Wednesday, the twenty.
- 1:16:41Speaker 1: Ninth, late on the twenty ninth.
- 1:16:44Speaker 29: Yes, now.
- 1:16:49Speaker 1: This is scientific, correct, Yes, it is based on science.
- 1:16:55Speaker 50: There's no way that those people were murdered anytime earlier Wednesday.
- 1:17:02Speaker 50: So all of the scientific evidence was with the defense.
- 1:17:07Speaker 50: It couldn't have been donald. So that's why the time
- 1:17:09Speaker 50: of death was so important in this case.
- 1:17:12Speaker 2: And even the prosecutors acknowledged that doctor Arda's testimony was
- 1:17:16Speaker 2: a serious challenge to their case.
- 1:17:18Speaker 20: He's amazing, he's intelligent, he's been doing this for a
- 1:17:21Speaker 20: long time, and when you look at the scientific factors,
- 1:17:25Speaker 20: it certainly looked like the murders were committed after Tuesday.
- 1:17:29Speaker 2: If the jury accepted the science that the murders were
- 1:17:32Speaker 2: committed at least a day after Donald Hartung left the house,
- 1:17:36Speaker 2: that would be more than enough for a reasonable doubt
- 1:17:39Speaker 2: and a verdict of not guilty.
- 1:17:55Speaker 1: All right, members of the jury, both the state and
- 1:17:57Speaker 1: defense have now rested their case. The attorneys present their
- 1:18:00Speaker 1: final arguments.
- 1:18:03Speaker 20: Ladies and gentlemen, The difficult part of the case is
- 1:18:05Speaker 20: that it was, you know, ninety eight percent circumstantial. Jurors
- 1:18:10Speaker 20: want forensics, they want eyewitnesses.
- 1:18:14Speaker 59: We didn't have any of that.
- 1:18:15Speaker 2: The best the prosecution had was this surveillance video of
- 1:18:19Speaker 2: Richard Hartung had work on that Tuesday evening.
- 1:18:23Speaker 39: He is wearing the exact same thing when his body
- 1:18:28Speaker 39: is found on Friday the thirty first.
- 1:18:30Speaker 13: What does that tell you?
- 1:18:31Speaker 39: He was murdered right when he got home from work.
- 1:18:35Speaker 2: And while the prosecution had dismissed the blue Moon murder
- 1:18:38Speaker 2: theory as a motive, Jensen did address the informant testimony
- 1:18:42Speaker 2: about Hartung and the occult.
- 1:18:45Speaker 59: Mister kuervoy told you that this defendant said that although
- 1:18:49Speaker 59: he had been planning it for this number of years,
- 1:18:52Speaker 59: the wijiboard is what made the defendant do it.
- 1:18:56Speaker 32: That wija board made him go board the I'm sorrying
- 1:18:59Speaker 32: Weiji board.
- 1:19:00Speaker 39: People were scared of him, they thought he was a witch.
- 1:19:02Speaker 2: In the end, the prosecution's strongest evidence was the discovery
- 1:19:06Speaker 2: of Hartung's DNA on his brother's chuck book, his belt,
- 1:19:10Speaker 2: and those telltale cigarette butts, including the one in the trash.
- 1:19:15Speaker 39: Why so much focus on the sigarette button the trash
- 1:19:17Speaker 39: because it's bad for them. It is beyond a reasonable
- 1:19:21Speaker 39: doubt bad for them. And the whole point is this,
- 1:19:24Speaker 39: It shouldn't be there. It is smack dab in the
- 1:19:27Speaker 39: middle of cleanup of cooking and murder.
- 1:19:31Speaker 2: But throughout the trial, family members said Hartung seemed unfazed
- 1:19:35Speaker 2: about the evidence against him.
- 1:19:37Speaker 5: Seven times they would turn around look at us. Seven
- 1:19:39Speaker 5: times they would turn around, small like a smark, like
- 1:19:43Speaker 5: I'm I'm going to get out of this.
- 1:19:48Speaker 60: Man.
- 1:19:48Speaker 1: Please the court, members of the prosecution, members of the jury.
- 1:19:54Speaker 50: You need to know your juries. You can't come across
- 1:19:57Speaker 50: as some hot shot TV.
- 1:20:00Speaker 2: But Michael Griffith did not hesitate to call him to
- 1:20:03Speaker 2: question the tactics used against his client. You those two
- 1:20:06Speaker 2: interrogations by Detective matt Infeger.
- 1:20:09Speaker 26: Well, I promise this, I'm gonna find out. I know
- 1:20:13Speaker 26: I'm gonna find out. I'm gonna put your ass in jail.
- 1:20:16Speaker 50: He was brutal to mister Harton, trying to break him
- 1:20:19Speaker 50: down after learning that his family had been murdered.
- 1:20:23Speaker 2: And Griffith question why the prosecution even played the clip
- 1:20:26Speaker 2: showing hearts on being questioned about the later debunked Blue
- 1:20:30Speaker 2: Moon wickan theory.
- 1:20:31Speaker 22: I was explaining to you about the wicked ritual they
- 1:20:34Speaker 22: put cover him to keep him warm after they kill him.
- 1:20:39Speaker 29: I don't know nothing about no ritual like that.
- 1:20:42Speaker 50: If the state wasn't relying on this wick and killing theory,
- 1:20:46Speaker 50: why did they show it to you? Why they introduce it?
- 1:20:48Speaker 50: They didn't have to introduce it. I suggest to you
- 1:20:51Speaker 50: they put it in to try to offend you, get
- 1:20:53Speaker 50: you upset.
- 1:21:00Speaker 6: The jurior to.
- 1:21:00Speaker 1: Disregard the prior reference to the state's motivation.
- 1:21:05Speaker 2: And then the biggest hurdle for the defense, the DNA evidence.
- 1:21:09Speaker 50: Could Richard have left his checkbook at home on the
- 1:21:12Speaker 50: dining table, and Donald moved it one day and gotten
- 1:21:15Speaker 50: his DNA all over it.
- 1:21:17Speaker 32: Sure he could have.
- 1:21:19Speaker 50: The fact that his DNA's on that checkbook doesn't mean
- 1:21:24Speaker 50: that he's a kilt.
- 1:21:27Speaker 2: As the jurors left to begin their deliberations, some of
- 1:21:30Speaker 2: them gave Hartung a close look, and he seemed to
- 1:21:33Speaker 2: have returned the looks too.
- 1:21:35Speaker 5: And he was smiling at him, and he's creeping. The
- 1:21:37Speaker 5: jury out that was called. The women were looking at
- 1:21:40Speaker 5: him like, what is wrong with him?
- 1:21:43Speaker 51: You know?
- 1:21:43Speaker 5: Why is he smiling at us?
- 1:21:50Speaker 2: The jury was out for four hours.
- 1:21:53Speaker 1: Time under the jury's minor steam. He reached a verdict.
- 1:21:56Speaker 1: Have you reached a verdict?
- 1:22:00Speaker 55: The certing Court in in Forrest, Gaming County in Florida,
- 1:22:02Speaker 55: State of Florida planted versus Donald Wayne Hartung, defendant. Were
- 1:22:10Speaker 55: the jury find the defendant, Donald Hartone guilty of first
- 1:22:14Speaker 55: three murderous charged in the indictment.
- 1:22:17Speaker 5: When they thought guilty, I was just crying, just told
- 1:22:20Speaker 5: my head down. Finally took four and a half years
- 1:22:23Speaker 5: to get here, so long.
- 1:22:25Speaker 2: Donald Hartung showed no emotion, but the smile was gone.
- 1:22:30Speaker 50: Very disappointed, stoic as he is, but very very disappointed, and.
- 1:22:38Speaker 2: Now the state moved to impose the death penalty on hearttime,
- 1:22:41Speaker 2: on a day they would provide no shortage of surprises.
- 1:22:45Speaker 2: As Harton jumped up to speak.
- 1:22:48Speaker 26: And your honor, I would like him to, respectively ask
- 1:22:51Speaker 26: for a mistrial.
- 1:22:53Speaker 2: Hartung then turned on his own lawyers in an hour
- 1:22:56Speaker 2: long rent, saying his lawyers were incompetent and one had
- 1:22:59Speaker 2: dis respected him when he asked her a question.
- 1:23:03Speaker 26: Missus Wilson replied after I.
- 1:23:05Speaker 29: After he againion, she said, You're a stupid asshole.
- 1:23:11Speaker 18: I said, what what did you say?
- 1:23:13Speaker 31: And missus Wilson said, I said, you're a stupid asshole.
- 1:23:17Speaker 2: He wanted his lawyers fire.
- 1:23:19Speaker 1: I'm a ten dollars hour security guard.
- 1:23:21Speaker 28: If your Honor, I couldn't possibly be expected to go
- 1:23:23Speaker 28: up against.
- 1:23:24Speaker 29: Four seasoned attorneys.
- 1:23:26Speaker 26: I was duped and I was tricked, and I'm.
- 1:23:28Speaker 29: Willing to admit it, and so were you.
- 1:23:30Speaker 2: But Judge dan Heiser rejected Hartung's argument, and so now
- 1:23:35Speaker 2: the jury was asked to decide whether Donald Hartung should
- 1:23:38Speaker 2: be put to death in a Florida state prison for
- 1:23:41Speaker 2: the murders he was found guilty of committee. I met
- 1:23:46Speaker 2: James and then the second surprise of the day. Had
- 1:23:51Speaker 2: the state proved Donald Hartung should be put to death
- 1:23:54Speaker 2: for each victim.
- 1:23:56Speaker 26: As she count on Fox Hill Smith no ascount to
- 1:24:01Speaker 26: John Smith.
- 1:24:01Speaker 55: No, that's a account through egrigent Smith.
- 1:24:05Speaker 17: No.
- 1:24:07Speaker 2: A major victory for the defense. Prosecutors could only speculate
- 1:24:11Speaker 2: that Hartung's aged, unhealthy appearance may have swayed some of
- 1:24:16Speaker 2: the jurors.
- 1:24:17Speaker 20: So maybe some of them would have thought that maybe
- 1:24:18Speaker 20: it was just a lost cause that you know, he's
- 1:24:21Speaker 20: probably going to die in prison, you know, in a
- 1:24:23Speaker 20: short amount of time, and so what uses the death
- 1:24:26Speaker 20: penalty at that point.
- 1:24:27Speaker 2: The lawyers he wanted fired had kept him off death row.
- 1:24:32Speaker 25: You don't know what juries say, what they think.
- 1:24:35Speaker 50: We may have raised enough issues on the scientific evidence
- 1:24:39Speaker 50: that the jury, although they found them guilty, had enough
- 1:24:42Speaker 50: doubt that they weren't going to execute.
- 1:24:45Speaker 2: But members of Hartung's family in the courtroom said they
- 1:24:48Speaker 2: could tell he was hardly celebrating.
- 1:24:51Speaker 5: He's miserable. He deserves it to be miserable. When it
- 1:24:55Speaker 5: first happened, I hated him. I wanted him to suffer.
- 1:24:58Speaker 5: I had to work through forgiveness to forgive him, and
- 1:25:02Speaker 5: I do forgive him, but I will never forget what
- 1:25:04Speaker 5: he did.
- 1:25:05Speaker 49: So if you put something out good, expect good. If
- 1:25:09Speaker 49: you put something out bad, expect bad. That's how it works.
- 1:25:14Speaker 5: Evil just you're evil.
- 1:26:06Speaker 61: They had a young son together and they were kind
- 1:26:08Speaker 61: of looking forward to a night out.
- 1:26:14Speaker 60: There's surveillance video for inside the bar as well as
- 1:26:17Speaker 60: outside minutes at that point where she gets up and
- 1:26:20Speaker 60: exits the patio and is last seen leaving towards the West.
- 1:26:27Speaker 7: Run Colney Number one, one of the address humors, has
- 1:26:29Speaker 7: been found.
- 1:26:30Speaker 56: Human body.
- 1:26:31Speaker 14: Okay, okay, we have an explosive new trial for you.
- 1:26:38Speaker 12: Out of Wisconsin.
- 1:26:39Speaker 51: Is the most brutal murdered that has ever been committed
- 1:26:42Speaker 51: by one person in the history of rem Colony.
- 1:26:45Speaker 62: Doug murdered Nicole in a fit of jealousy and anger,
- 1:26:50Speaker 62: fueled by insecurity, alcohol, and numerous other drugs.
- 1:26:55Speaker 33: You knew all along what happened in Nick year, No,
- 1:26:58Speaker 33: I did not. It was a rival.
- 1:27:02Speaker 63: A riding.
- 1:27:11Speaker 23: Your wife.
- 1:27:14Speaker 14: This is what he's going to tell you.
- 1:27:15Speaker 18: I have a nut situation and I grabbed the gun.
- 1:27:19Speaker 18: He's trying to find the first place to put a body.
- 1:27:21Speaker 14: No, sir, the only thing they could do was killing.
- 1:27:23Speaker 19: You want to sell anything, lead the jury and to
- 1:27:25Speaker 19: find the defendant.
- 1:27:42Speaker 61: M h Friday, Saturday Nights A good nighttime party life
- 1:27:47Speaker 61: here in downtown.
- 1:27:48Speaker 5: Green Bay.
- 1:27:52Speaker 2: And I'm just warm spring. The action is that a
- 1:27:55Speaker 2: place called the Water.
- 1:27:58Speaker 61: It's a friendly atmosphere, but it's it's really large, A
- 1:28:01Speaker 61: lot of people can fit inside.
- 1:28:03Speaker 2: Somewhere among the hundreds of people dancing and rocking out
- 1:28:06Speaker 2: with a band from California. Stand who would not live
- 1:28:13Speaker 2: to see the Dog of the next day. Her name
- 1:28:17Speaker 2: was Nicole Vandrohide Nicki at the Country where her living
- 1:28:20Speaker 2: boyfriend Dug.
- 1:28:22Speaker 61: They had a young son together, and they were kind
- 1:28:24Speaker 61: of looking forward to a night out and it started
- 1:28:27Speaker 61: off really well.
- 1:28:28Speaker 2: From what we know, but both of them were drinking heavily,
- 1:28:31Speaker 2: police would later say, especially Nicki.
- 1:28:33Speaker 61: Plus she was breastfeeding. She had a young son, so
- 1:28:36Speaker 61: her tolerance probably wasn't what it used to be.
- 1:28:40Speaker 2: With the concert end, Nicki and friends head to another bar,
- 1:28:43Speaker 2: the Sardine Can, with Doug saying he will catch up shortly.
- 1:28:49Speaker 4: Now.
- 1:28:49Speaker 60: There's surveillance video of her inside the bar as well
- 1:28:52Speaker 60: it's outside.
- 1:28:54Speaker 33: She can be seen on the video dancing, having a
- 1:28:56Speaker 33: good time, but.
- 1:28:58Speaker 61: Still no duck and we know oh that there were
- 1:29:00Speaker 61: text messages between her and Doug accusing him of staying
- 1:29:04Speaker 61: behind maybe talking to other women.
- 1:29:08Speaker 60: Nicole was starting to get irritated and upset with Doug
- 1:29:12Speaker 60: because here she is with all of Doug's friends and
- 1:29:16Speaker 60: she doesn't know them very well, and her boyfriend who
- 1:29:22Speaker 60: she wanted to spend the night with is not there.
- 1:29:28Speaker 33: Eventually they move outside to an outside patio area.
- 1:29:32Speaker 60: Minutes at that point where she gets up and exits
- 1:29:36Speaker 60: the patio, and this last scene leaving towards the west.
- 1:29:44Speaker 61: A friend tried to stop her and confront her, but
- 1:29:47Speaker 61: just couldn't get her to stop or listen, and she
- 1:29:50Speaker 61: just kind of kept walking down the world.
- 1:29:52Speaker 7: Buy her something.
- 1:29:55Speaker 2: What happened next would not soon be forgotten. In this
- 1:29:58Speaker 2: small sitting in the American mist.
- 1:30:04Speaker 57: From County number one, what is the address.
- 1:30:06Speaker 53: Humorencyen, We just found a human body?
- 1:30:08Speaker 13: Okay, okay, persons beyond help?
- 1:30:11Speaker 23: Or do I need to give you instructions for CPR?
- 1:30:13Speaker 17: No?
- 1:30:13Speaker 48: It's it started?
- 1:30:16Speaker 53: Is it a male or female?
- 1:30:18Speaker 64: It's got long hair, but I didn't go near.
- 1:30:21Speaker 61: You couldn't even tell who it was. Her face was
- 1:30:23Speaker 61: completely black and blue. She had more than two hundred
- 1:30:26Speaker 61: and forty injuries from what had happened.
- 1:30:28Speaker 60: The only articles of clothing that were left on her
- 1:30:30Speaker 60: body was a sock on each foot, and then there
- 1:30:34Speaker 60: was like a pink, pinkish colored bracelet that you'd get
- 1:30:37Speaker 60: from like an event on one of her wrists.
- 1:30:41Speaker 16: From County Public Safety, This is terse.
- 1:30:43Speaker 2: It was three hours later when another call came into
- 1:30:46Speaker 2: nine one one.
- 1:30:47Speaker 47: Yes, how do I go about?
- 1:30:50Speaker 45: I guess the missing person?
- 1:30:53Speaker 2: It was Nicky's boyfriend, Doug.
- 1:30:55Speaker 33: Okay, and who who's missing?
- 1:30:57Speaker 13: It's my girlfriend and she does little with me, and
- 1:31:00Speaker 13: she's never done this before.
- 1:31:01Speaker 65: What's her name?
- 1:31:03Speaker 47: Nicole vander Heyden?
- 1:31:06Speaker 2: Now, Detective Brian Slinger had a name for the victim
- 1:31:09Speaker 2: and a name.
- 1:31:09Speaker 1: For a likely suffer.
- 1:31:12Speaker 13: And what's your name?
- 1:31:13Speaker 45: Doug Tree?
- 1:31:14Speaker 61: They had already found the body, and here they have
- 1:31:17Speaker 61: someone calling saying that they can't find their girlfriends.
- 1:31:20Speaker 33: Obviously, there were some things that were concerning to us.
- 1:31:23Speaker 60: You know, why did you wait so long to make
- 1:31:25Speaker 60: this phone call, especially when you have a newborn baby
- 1:31:27Speaker 60: at the house that needs mother's attention.
- 1:31:31Speaker 61: So it kind of painted a picture that maybe Doug
- 1:31:34Speaker 61: had done this.
- 1:31:35Speaker 2: An officer was dispands to Doug Dtree's home.
- 1:31:39Speaker 19: Come here from a missing pursonal's report.
- 1:31:41Speaker 60: We used a audio video recording device to record it
- 1:31:45Speaker 60: so that we could get a look at him.
- 1:31:47Speaker 5: You know.
- 1:31:47Speaker 60: We focused on his hands, We focused on the general
- 1:31:50Speaker 60: condition of his body, focused on the condition of his house,
- 1:31:53Speaker 60: his behaviors.
- 1:31:54Speaker 2: D Tree was not talking about the discovery of a
- 1:31:57Speaker 2: body just three miles away.
- 1:32:00Speaker 7: Back to any follow play If so, why just I
- 1:32:03Speaker 7: don't know.
- 1:32:04Speaker 13: I don't suspect it, but this is my area she
- 1:32:07Speaker 13: walk in, I.
- 1:32:07Speaker 2: Don't, I don't, okay.
- 1:32:10Speaker 60: His story was he went to bed, woke up once
- 1:32:13Speaker 60: or twice through the night to use the bathroom and
- 1:32:15Speaker 60: to take care of the baby, and woke up the
- 1:32:18Speaker 60: next morning, you know, ten eleven o'clock somewhere in there,
- 1:32:21Speaker 60: and she still wasn't home.
- 1:32:23Speaker 2: Dtree had not called in the missing person report until
- 1:32:26Speaker 2: four in the afternoon.
- 1:32:27Speaker 60: I'd be lying if I said we weren't alarmed with
- 1:32:31Speaker 60: his level of concern. The level of concern did not
- 1:32:34Speaker 60: seem to match what it should be.
- 1:32:36Speaker 26: I guess.
- 1:32:37Speaker 2: So that night Detective's got a war to search the home.
- 1:32:40Speaker 2: Doug and Nikki's share.
- 1:32:42Speaker 64: It's probably the first person you look to the boyfriend,
- 1:32:44Speaker 64: the fact that there was a falling out that night.
- 1:32:47Speaker 64: Mister d Tree obviously was a person of interest right away,
- 1:32:51Speaker 64: and d.
- 1:32:52Speaker 2: Tree was brought to the Sheriff's office for what would
- 1:32:54Speaker 2: be a brueling three hour late night to terrogate.
- 1:33:01Speaker 30: The detectives.
- 1:33:02Speaker 2: Ryan Slinger and Lee Kingston wanted to know why Doug
- 1:33:05Speaker 2: had waited so long to call in the missing person's report.
- 1:33:09Speaker 26: I was feeling good all day.
- 1:33:11Speaker 66: It was hor and seeing like shit and then not
- 1:33:14Speaker 66: wondering that she went off with another guy whatever.
- 1:33:18Speaker 6: I was, chick go into my mind.
- 1:33:20Speaker 2: After about two hours, the detectives finally tell d Tree
- 1:33:24Speaker 2: about the body found in the nearby farm field.
- 1:33:27Speaker 66: I don't think it's been one hundred percent identified as her,
- 1:33:33Speaker 66: but there's a lot of similarities.
- 1:33:40Speaker 32: What do you knew?
- 1:33:41Speaker 6: A lot of similarities.
- 1:33:44Speaker 66: There's a physical description.
- 1:33:47Speaker 1: Height Lon Kelly button Ring.
- 1:33:53Speaker 2: They are watching him closely to see his reaction before
- 1:33:57Speaker 2: asking him essentially if he killed her.
- 1:34:00Speaker 66: And you don't know where she is or what happens
- 1:34:02Speaker 66: or not absolute you did you do anything the cause
- 1:34:06Speaker 66: her to go missing?
- 1:34:07Speaker 29: No, not at all.
- 1:34:12Speaker 66: Decides to be in an asshole form.
- 1:34:16Speaker 2: Now the detective raised the stakes, telling Doug d Tree
- 1:34:19Speaker 2: they want the clothes he was wearing that night when
- 1:34:22Speaker 2: he was out with Nicky, and that they are already
- 1:34:24Speaker 2: searching his house for evidence of a man.
- 1:34:27Speaker 66: Is there anything in your When they go search your house,
- 1:34:31Speaker 66: they're going to find anything. Anything in their house they're
- 1:34:33Speaker 66: going to find that's gonna it's gonna save you anything,
- 1:34:38Speaker 66: nothing whatsoever.
- 1:34:42Speaker 26: I have nothing to do with it.
- 1:34:43Speaker 4: I mean.
- 1:34:50Speaker 2: For the next half hour, as the detectives watched, Doug
- 1:34:53Speaker 2: d Tree sobs almost uncontrolled, at one point saying he
- 1:34:58Speaker 2: is scared.
- 1:34:59Speaker 6: Just it's us.
- 1:35:11Speaker 4: Here's there.
- 1:35:22Speaker 2: Were they the tears of a grieving boyfriend, the tears
- 1:35:26Speaker 2: of someone who was scared.
- 1:35:27Speaker 6: You husband, every well, find that I loved.
- 1:35:42Speaker 46: You, I love you, I love you, I.
- 1:35:47Speaker 6: Love you.
- 1:35:48Speaker 5: I really.
- 1:35:57Speaker 2: Green Bay, Wisconsin, it's all about. It's football team, a
- 1:36:00Speaker 2: Green Bay Packer Ianah.
- 1:36:02Speaker 53: Pretty much anywhere you go around here and it's Green
- 1:36:04Speaker 53: Bay Packers.
- 1:36:05Speaker 33: Yeah.
- 1:36:05Speaker 61: If you don't love the Packers, you might get booted out.
- 1:36:08Speaker 61: It's green and gold here for days and days and days.
- 1:36:11Speaker 2: Well, the stadium was empty. The football season had not
- 1:36:15Speaker 2: yet started. On the spring weekend, Nicki Vander Hyden was killed,
- 1:36:19Speaker 2: and so her brutal murder was all anyone.
- 1:36:21Speaker 64: Who talked about many people said, how can such a
- 1:36:24Speaker 64: brutal crime take place in Green Bay, Wisconsin? How can
- 1:36:27Speaker 64: somebody commit such a random act in our community, not
- 1:36:32Speaker 64: in my backyard?
- 1:36:33Speaker 60: Like it was very scary, I mean, can't think of
- 1:36:35Speaker 60: anything worse a random attack like that on a young
- 1:36:40Speaker 60: lady at bar clothes, you know, in a small, one
- 1:36:43Speaker 60: hundred thousand person community.
- 1:36:45Speaker 2: And the shock of Nikola vander Heyden's death was felt
- 1:36:48Speaker 2: throughout this family friendly city.
- 1:36:51Speaker 64: By all accounts, she was a very good teacher, and
- 1:36:54Speaker 64: she was an excellent mother, a smiler, somebody who they
- 1:36:57Speaker 64: said would light up a room.
- 1:37:00Speaker 2: He was the mother of three, two from a previous marriage,
- 1:37:03Speaker 2: and the third, six month old Dylan, with her living boyfriend,
- 1:37:07Speaker 2: Doug Ddre.
- 1:37:08Speaker 61: She really cared about her kids and would never have
- 1:37:10Speaker 61: done anything to put them at harms way or in jeopardy,
- 1:37:13Speaker 61: or to leave them alone.
- 1:37:16Speaker 2: The first big break in the case came with a
- 1:37:18Speaker 2: call from two joggers out for a morning run, coincidentally
- 1:37:22Speaker 2: caught on a student driver's dashboard camera.
- 1:37:25Speaker 60: We were out jogging that morning at about five five
- 1:37:28Speaker 60: point thirty and we had to jump over a pool
- 1:37:30Speaker 60: of blood in the road, and if you look close
- 1:37:32Speaker 60: on the right hand side, you could see where the
- 1:37:34Speaker 60: blood and stuff is.
- 1:37:36Speaker 2: And then a neighbor found more of the rizly evidence
- 1:37:39Speaker 2: on his lawn, including a wire cord he had run
- 1:37:43Speaker 2: over with his lawnmowner.
- 1:37:44Speaker 33: That's absolutely where the murder took place.
- 1:37:46Speaker 60: The blood that was collected there, the hair samples, and
- 1:37:50Speaker 60: then that cord that was phoned, which we believe was
- 1:37:53Speaker 60: like a phone charging cord came back all positive with
- 1:37:57Speaker 60: Nicole Vanderheyden's blood DNA.
- 1:38:00Speaker 2: Detectives began to hear from Nicky's friends and relatives that
- 1:38:03Speaker 2: Doug had been abusive to Nicky.
- 1:38:06Speaker 4: She's been very depressedly.
- 1:38:13Speaker 2: Her sister, Heather said, Doug drank heavily and used cocaine.
- 1:38:17Speaker 4: And then my mom's side a tweeks ago, she told
- 1:38:22Speaker 4: him her that she had been being her she had
- 1:38:27Speaker 4: she ever had you?
- 1:38:30Speaker 64: My mom.
- 1:38:37Speaker 6: Did.
- 1:38:38Speaker 2: And one of Doug's former girlfriends, Rebecca Mott, came forward
- 1:38:41Speaker 2: to tell detectives how Doug could be jealous and often violent.
- 1:38:47Speaker 13: We got y and aprah Mankel he would.
- 1:38:54Speaker 32: You know, I'll throw off right up and.
- 1:38:56Speaker 61: I to him, he wasn't the most stand up citizen
- 1:39:00Speaker 61: or the best boyfriend by any means.
- 1:39:02Speaker 2: And now the search that Doug's home began to produce results.
- 1:39:07Speaker 60: Nicole had some significant prints on her back that appeared
- 1:39:11Speaker 60: to be a shoe, which is like a herringbone pattern
- 1:39:14Speaker 60: that's common on the bottom of Air Jordan or Nike
- 1:39:17Speaker 60: Jordan's shoes. We located a pair of shoes in mister
- 1:39:21Speaker 60: Deetri's garage that had that similar pattern on them that
- 1:39:25Speaker 60: also had some red staining, red drops on the bottom
- 1:39:29Speaker 60: of them that we figured was consistent with blood.
- 1:39:33Speaker 2: And inside of Nicky's car parked in the garage was
- 1:39:36Speaker 2: what appeared to be blood splatter blood drops in the
- 1:39:39Speaker 2: back seat.
- 1:39:40Speaker 60: We were pretty confident at that time that Doug was responsible.
- 1:39:45Speaker 60: Our theory at the time was that somehow Nicole got home,
- 1:39:48Speaker 60: there was a disturbance or some sort of disagreement out
- 1:39:51Speaker 60: in the street or in the driveway, and then the
- 1:39:53Speaker 60: theory was that Doug used her vehicle, which was in
- 1:39:57Speaker 60: the garage to transport the body. At seven o three pm,
- 1:40:02Speaker 60: accepting contact with Doug Petrie, what's the other.
- 1:40:07Speaker 2: Less than seventy two hours after Nicky's body had been discovered.
- 1:40:10Speaker 2: Detective Brian Slinger was on his way to Doug Decree's
- 1:40:14Speaker 2: house to arrest him for murder.
- 1:40:16Speaker 55: We'll talk down the Nicoid's explained to you what's going on.
- 1:40:19Speaker 33: He was pretty I mean, he was emotional.
- 1:40:21Speaker 60: He had had the chance to speak to a family
- 1:40:24Speaker 60: attorney prior to his arrest, so there was no interview
- 1:40:28Speaker 60: after his arrest, he was just transported to the jail.
- 1:40:32Speaker 2: Doug Dietree's arrest with the murder of his girlfriend send
- 1:40:34Speaker 2: another shockwave through Green Bay.
- 1:40:36Speaker 61: He comes from a pretty well off family here in
- 1:40:39Speaker 61: the area. He had a pretty good life, and so
- 1:40:42Speaker 61: people just thought he was kind of, you know, a
- 1:40:43Speaker 61: rich kid, kind of getting away with what he wanted.
- 1:40:47Speaker 2: Didrie had no alibi for his whereabouts that faithful night
- 1:40:50Speaker 2: when Nicky walked off into the darkness, and the friend
- 1:40:55Speaker 2: who was with him that night, Greg Meth, appeared to
- 1:40:58Speaker 2: the detectives to be fake about Doug's movements.
- 1:41:02Speaker 67: Because I'm going to tell you that there's no doubt
- 1:41:04Speaker 67: in anybody's mind that the evidence shows that your friend
- 1:41:11Speaker 67: Doug had involvement in her murder.
- 1:41:15Speaker 32: There's no doubt about it.
- 1:41:17Speaker 2: Okay, And The friend became upset when detectives asked him
- 1:41:21Speaker 2: about Doug's whereabouts in the hour before the babysitter Dallas said,
- 1:41:25Speaker 2: Doug had returned home.
- 1:41:27Speaker 67: Who can vouch for you for the sixteen minutes before
- 1:41:30Speaker 67: you showed up and me in contact with Dallas?
- 1:41:33Speaker 32: Who can vouch you for that?
- 1:41:35Speaker 6: What is sixteen minutes?
- 1:41:37Speaker 61: One hour?
- 1:41:38Speaker 1: I'm asking for a one hour period of time. Who
- 1:41:40Speaker 1: can vouch for where you were? If your phone is dead?
- 1:41:43Speaker 32: Thank you guys.
- 1:41:45Speaker 1: So nobody that's your alibi. Nobody that's your alibi. Your
- 1:41:49Speaker 1: albi is the guy's.
- 1:41:50Speaker 32: Glossie for murdering.
- 1:41:52Speaker 2: The evidence against Doug d three was building, but the
- 1:41:56Speaker 2: case was about to take another dramatic turn, all because
- 1:42:00Speaker 2: something the detective saw on this bodycam video Doug Dietree
- 1:42:04Speaker 2: when he first reported Nicki missing.
- 1:42:11Speaker 12: Breaking news on the case of the Brown County woman
- 1:42:13Speaker 12: whose body was found in a farm field.
- 1:42:16Speaker 2: Sixteen days after he's been arrested for the murder of
- 1:42:18Speaker 2: his girlfriend, Nicki, Doug Dietree was released from Jay Doug
- 1:42:22Speaker 2: Hunty Jill.
- 1:42:24Speaker 61: He's not any people were really shocked and we're like,
- 1:42:27Speaker 61: what are police doing? How can they let a murderer
- 1:42:30Speaker 61: go when we know where We thought we knew that
- 1:42:34Speaker 61: he was the one.
- 1:42:35Speaker 2: That did it, but behind the scenes, the case against
- 1:42:37Speaker 2: him had completely fallen apart.
- 1:42:40Speaker 60: A lot of what changed was we're getting evidence back
- 1:42:42Speaker 60: from the crime lab. There's a lack of physical evidence
- 1:42:44Speaker 60: tying Doug to her body, to her clothing.
- 1:42:48Speaker 2: The blood found on his air Jordan's shoes was not
- 1:42:51Speaker 2: that of Nicky Vanderhyden, but that of a turkey.
- 1:42:54Speaker 33: Who wouldn't known.
- 1:42:54Speaker 60: You would have went turkey hunting a week or two
- 1:42:57Speaker 60: prior and there'd be turkey blood in the garage.
- 1:43:00Speaker 2: The blood found in Nicky's car wasn't hers, but that
- 1:43:03Speaker 2: of her daughter, and the vehicle couldn't have been used
- 1:43:06Speaker 2: to move the body, as police first theorized.
- 1:43:08Speaker 60: We were able to find out that that car did
- 1:43:10Speaker 60: not move the entire weekend, and then we went back
- 1:43:15Speaker 60: and looked at the videos and we had noticed that
- 1:43:17Speaker 60: mister Choo's wearing his fitbit the day that we interviewed
- 1:43:19Speaker 60: him at the house when he called in the missing person.
- 1:43:22Speaker 33: We started thinking.
- 1:43:22Speaker 60: About can we get the data off that fitbit to
- 1:43:25Speaker 60: show was he moving around that night?
- 1:43:28Speaker 2: The device was turned over the crime technician Tyler.
- 1:43:31Speaker 65: Bailey fitbit is an activity tracker that you wear on
- 1:43:34Speaker 65: your wrist, similar to a watch or bracelet. There was
- 1:43:37Speaker 65: a short amount of steps recorded in the middle of
- 1:43:40Speaker 65: the night, consistent with someone getting up to use the
- 1:43:43Speaker 65: bathroom in the middle of the night, and then after
- 1:43:46Speaker 65: that there was another period where there was no movement
- 1:43:49Speaker 65: recorded from the fitbit.
- 1:43:51Speaker 2: Doug Dtre's fitbit confirmed his alibi.
- 1:43:54Speaker 60: And there was no way he would have gotten up
- 1:43:56Speaker 60: in the middle of the night, went out into the
- 1:43:57Speaker 60: front yard, committed a brutal murder, drove of a couple
- 1:44:01Speaker 60: miles away, and then came back home.
- 1:44:04Speaker 2: Detective Brian Slinger had worked hard to destroy his own
- 1:44:07Speaker 2: case and cleared Doug Ytree of the crime, but still
- 1:44:11Speaker 2: felt bad about first arresting an innocent man for murder.
- 1:44:14Speaker 60: When we missed the funeral, he missed certain things. He
- 1:44:17Speaker 60: was painted as this and I think you know, anyone
- 1:44:20Speaker 60: would be lying. And they said they didn't feel slightly
- 1:44:22Speaker 60: bad about it.
- 1:44:23Speaker 61: Okay, Well, then who do they think did this? Is
- 1:44:25Speaker 61: this person still out there?
- 1:44:26Speaker 7: Are they in the community?
- 1:44:28Speaker 61: I think it was pretty scary for people living in
- 1:44:30Speaker 61: that area too to realize that. Okay, if Doug didn't
- 1:44:32Speaker 61: do it? Who did and where is this person?
- 1:44:35Speaker 2: And the key was to find whoever met up with
- 1:44:37Speaker 2: Dickey fad Or fighting sometime after she walked away from
- 1:44:41Speaker 2: this downtown bar and then killed him. Police didn't have
- 1:44:45Speaker 2: a clue.
- 1:44:46Speaker 33: We re enacted at numerous times.
- 1:44:47Speaker 60: We walked the path and she kind of walked off
- 1:44:51Speaker 60: into darkness, and that's kind of where we were at.
- 1:44:54Speaker 2: It would be two full months before a breakthrough.
- 1:44:58Speaker 60: Got a call in from the crime lab telling me
- 1:45:00Speaker 60: that they were able to get enough DNA off of
- 1:45:02Speaker 60: one of the socks of all things from.
- 1:45:04Speaker 33: Her body to enter it into the CODAS system.
- 1:45:07Speaker 2: The koda's system is a nationwide registry of DNA collected
- 1:45:11Speaker 2: by the FBI. Eddie one who has ever been arrested.
- 1:45:14Speaker 60: Will be in there when they got a hit from
- 1:45:16Speaker 60: the state of Virginia for George Stephen Birch.
- 1:45:21Speaker 2: George Stephen Birch had been arrested in Norfolk, Virginia in
- 1:45:25Speaker 2: two thousand and one for murder, but was acquitted at Troy.
- 1:45:28Speaker 2: He had five other criminal convictions and was on probation
- 1:45:32Speaker 2: for one of them, requiring him to stay in Virginia.
- 1:45:36Speaker 60: You know, I'm thinking, is this a transient. Is this
- 1:45:38Speaker 60: a truck driver that may have been in the area.
- 1:45:41Speaker 33: For the weekend?
- 1:45:43Speaker 60: How is someone from Virginia's DNA showing up in Green Bay.
- 1:45:48Speaker 2: What the investigators did not know was that George Birch
- 1:45:51Speaker 2: had been living in Green Bay for some three months
- 1:45:54Speaker 2: in this house, the home of Linda and Edward Jensen.
- 1:45:57Speaker 31: I'm at a.
- 1:46:00Speaker 53: Long time ago back in upstate New York. Him and
- 1:46:04Speaker 53: his wife were separating, and he knew I was doing
- 1:46:07Speaker 53: very well out here, so he asked me if he
- 1:46:10Speaker 53: could come out and get a fresh start.
- 1:46:12Speaker 35: He was extremely polite. He called me miss Linda, and
- 1:46:16Speaker 35: I kind of liked that. Just very personable, very very personable.
- 1:46:20Speaker 2: Birch was a regular at a bar three blocks away
- 1:46:23Speaker 2: from the Jackson home, a place called Richard Craniums.
- 1:46:27Speaker 35: He was so fun loving, you know, everybody at Richard
- 1:46:31Speaker 35: Cranium's called him Big Country and he was six foot eight,
- 1:46:36Speaker 35: tall guy, but very friendly.
- 1:46:38Speaker 53: He was always, I guess you'd say, very charming ergsy girls.
- 1:46:42Speaker 53: He had no problem with walking up to any girl
- 1:46:44Speaker 53: and just talking with him and striking up the conversation.
- 1:46:47Speaker 2: Did Jackson say they had no idea the man staying
- 1:46:50Speaker 2: in their home was being sought in the Nicky Vander
- 1:46:53Speaker 2: Heyden and murder investigation. In fact, Ed Jackson and George
- 1:46:57Speaker 2: Burch had gone fishing the very day her body was discovered.
- 1:47:01Speaker 53: Oh, he was real happy. He had a big smile
- 1:47:03Speaker 53: on his face and holding it up. That picture actually
- 1:47:07Speaker 53: played a big part in it also because when you're
- 1:47:10Speaker 53: focus in on it and you look at his right hand,
- 1:47:13Speaker 53: you can see them cuts on his knuckles.
- 1:47:15Speaker 2: But detectives only learned that Birch was in the Green
- 1:47:18Speaker 2: day after he seemingly outsmarted himself.
- 1:47:21Speaker 33: We had no contact with him with the Sheriff's department.
- 1:47:24Speaker 60: However, Green Bay Police Department did have one contact with
- 1:47:27Speaker 60: him from right around that time frame.
- 1:47:29Speaker 2: It was from a minor hit and run traffic accident
- 1:47:32Speaker 2: involving a Chevy Blazer that belonged to the Jacksons. When
- 1:47:35Speaker 2: the vehicle was found, the front seat had been set
- 1:47:38Speaker 2: on fire. It was the same vehicle Birch drove the
- 1:47:42Speaker 2: night of the murder.
- 1:47:43Speaker 61: And at that point the Jacksons called in for a
- 1:47:46Speaker 61: stolen vehicle and the last person to use that vehicle
- 1:47:49Speaker 61: was George burg and he said that, oh, I must
- 1:47:51Speaker 61: have left the keys in the car. Somebody must have
- 1:47:54Speaker 61: stolen it.
- 1:47:55Speaker 2: But now George Burch's name was in the police department
- 1:47:58Speaker 2: database along with his address.
- 1:48:01Speaker 60: So I jumped in my car and ran out to
- 1:48:04Speaker 60: that house and there he is standing on the porch
- 1:48:06Speaker 60: smoking a cigarette.
- 1:48:07Speaker 2: And even better, he had given his cell phone to
- 1:48:10Speaker 2: the police to clear his name in the earlier investigation.
- 1:48:14Speaker 60: It basically mapped out his night and gave us a
- 1:48:17Speaker 60: lot of the answers that we needed to have.
- 1:48:20Speaker 2: A GPS after the phone showing Birch spent both of
- 1:48:23Speaker 2: the night and his favorite haunt, Richard Cranium's, where detectives
- 1:48:27Speaker 2: believe he met the evander.
- 1:48:30Speaker 60: She was just looking for a ride home and then
- 1:48:34Speaker 60: he ended up bringing her home and it's sexually assaulting
- 1:48:36Speaker 60: her in front of her residence.
- 1:48:37Speaker 33: She's inside of a.
- 1:48:38Speaker 60: Vehicle, fell out the passenger side onto the ground, which
- 1:48:43Speaker 60: is where he proceeded to curb stop her or stop
- 1:48:47Speaker 60: her head into the ground, stop her back into the ground,
- 1:48:50Speaker 60: which is how the footprints would have got shoe princes
- 1:48:53Speaker 60: would have gotten.
- 1:48:53Speaker 11: On her back.
- 1:48:54Speaker 60: And then the phone moved and went directly from Nicole's
- 1:48:58Speaker 60: residence to the scene.
- 1:49:00Speaker 33: Where the body was located.
- 1:49:01Speaker 60: So his phone showed him at every single crime scene
- 1:49:05Speaker 60: location and basically mapped out that night for US.
- 1:49:08Speaker 2: Now authorities were sure they finally had the right person
- 1:49:12Speaker 2: who had taken Nikki off the quiet streets of Breed
- 1:49:14Speaker 2: Bay and killed her.
- 1:49:20Speaker 68: Breaking news out of Green Bay today, thirty eight year
- 1:49:22Speaker 68: old George Birch was arrested this morning for the murder
- 1:49:25Speaker 68: of Nicole vander Heyden. Investigator say Birch has been tied
- 1:49:29Speaker 68: to the scene of the cry with forensic evidence.
- 1:49:33Speaker 1: Sure, Mantie William's gonna take it pack some more time.
- 1:49:37Speaker 2: I was doing yankosati, but George Burch was a cool custom,
- 1:49:41Speaker 2: showing little emotion. Once he was in custody at six
- 1:49:44Speaker 2: foot eight, two hundred and seventy pounds, towering over Detective
- 1:49:47Speaker 2: Brian Slinger as his hand cuffer were.
- 1:49:49Speaker 60: Reboot, I told him that he was under the arrest
- 1:49:53Speaker 60: for the murder of Nicole VanDerHeyden and I wanted to
- 1:49:56Speaker 60: speak to him about that.
- 1:49:57Speaker 33: His face didn't change one bit.
- 1:50:00Speaker 60: Okay, so is this something that you want to talk
- 1:50:03Speaker 60: to me about, sir, of that you don't want to
- 1:50:07Speaker 60: talk to me about that.
- 1:50:09Speaker 13: So I better read Mariana raise you don't you don't
- 1:50:11Speaker 13: want to talk to me?
- 1:50:12Speaker 2: So for a lawyer, okay, But once at trial, George
- 1:50:16Speaker 2: Birch would have plenty to say, offering a version of
- 1:50:19Speaker 2: the night that would turn the trial into a real
- 1:50:22Speaker 2: who done?
- 1:50:24Speaker 31: George? Did you murder Nicole vander Hyder?
- 1:50:26Speaker 28: No, sir, definitely not.
- 1:50:28Speaker 31: You know who did?
- 1:50:30Speaker 1: Doug leet.
- 1:50:32Speaker 2: Now both would be on trial.
- 1:50:38Speaker 12: Will you have an explosive new trial for you out
- 1:50:40Speaker 12: of Wisconsin? It's taken the nation and all media outlets
- 1:50:43Speaker 12: by storm.
- 1:50:45Speaker 29: Thank you for your nation, sladies and gentlemen.
- 1:50:47Speaker 2: It was forty year old George Burch was on trial
- 1:50:50Speaker 2: for the murder that had shocked the city of Green Bay, Wisconsin.
- 1:50:53Speaker 56: And a violent, ruthless killer could do what we believe
- 1:50:57Speaker 56: the evidence will show mister Burch did to Nicky Vanderhyden.
- 1:51:02Speaker 2: But the lawyers for George burg sought to turn the
- 1:51:04Speaker 2: tables on the prosecution case.
- 1:51:06Speaker 61: The defense came out swinging, We're gonna show you how
- 1:51:10Speaker 61: horrible Douglas Tetree.
- 1:51:11Speaker 2: Is telling the jury it was Nicky's boyfriend, Doug Dietrie,
- 1:51:15Speaker 2: not George Burch, who had the motive to kill her,
- 1:51:18Speaker 2: Just as investigators had first.
- 1:51:20Speaker 62: Believed Doug murdered Nicole in a fit of jealousy and anger,
- 1:51:26Speaker 62: fueled by insecurity, alcohol and numerous other drugs. The evidence
- 1:51:32Speaker 62: is going to show you, Doug dinits.
- 1:51:35Speaker 33: At the very least, it's going to give you significant.
- 1:51:37Speaker 62: Doubt about whether or not George dints.
- 1:51:44Speaker 2: And so for two full days, Doug Dietrie was on
- 1:51:47Speaker 2: the witness stand, once again, having to defend himself.
- 1:51:51Speaker 49: Do you swear to tell truth, the whole truth, and
- 1:51:53Speaker 49: nothing but the truth?
- 1:51:54Speaker 24: So help me that I do?
- 1:51:55Speaker 2: Prosecutor divid to say. Took him through what happened the
- 1:51:58Speaker 2: night of the concert, drinking and dancing and happy, leading
- 1:52:02Speaker 2: up to a dramatic.
- 1:52:03Speaker 18: Moment, Doug, when was the last time that you personally
- 1:52:06Speaker 18: saw Nikki.
- 1:52:07Speaker 30: Alive one of the bathrooms? See you in ten minutes,
- 1:52:12Speaker 30: whatever you know? And that's the last time?
- 1:52:16Speaker 53: I sair.
- 1:52:21Speaker 2: The prosecutor paused to let Doug Detre's emotion play up.
- 1:52:31Speaker 2: From the bench, Judge John Sikowski, a former district attorney himself,
- 1:52:35Speaker 2: appreciated what the prosecution was trying to do to overcome
- 1:52:39Speaker 2: a major challenge.
- 1:52:40Speaker 64: It would be the fact that Dietrie was originally arrested.
- 1:52:44Speaker 64: He would have had more of a motive, he would
- 1:52:46Speaker 64: have been a likely suspect.
- 1:52:49Speaker 18: Do you have absolutely any involvement in Nicky's disappearance or death?
- 1:52:53Speaker 26: No, I did not, thank you.
- 1:52:58Speaker 18: No further questions at the time, but.
- 1:53:01Speaker 2: The cross examination of Doug Petree would be aggressive and brutal,
- 1:53:05Speaker 2: Starting with text messages he had sent to his mother
- 1:53:09Speaker 2: just before the night that he felt trapped by Nicky.
- 1:53:13Speaker 30: I don't recall that that conversation.
- 1:53:18Speaker 33: How about when you told her I'm very seriously thinking
- 1:53:21Speaker 33: about telling Nicki and the kids they have to move.
- 1:53:23Speaker 33: I'm not cut out for this life one bit. Do
- 1:53:25Speaker 33: you remember that?
- 1:53:27Speaker 30: I remember, you know it.
- 1:53:29Speaker 40: I think I sent something on the lines of that,
- 1:53:31Speaker 40: and I was having a little downar day or whatever,
- 1:53:34Speaker 40: and I just said that to my mom with not
- 1:53:39Speaker 40: truly meaning it.
- 1:53:40Speaker 30: I guess.
- 1:53:42Speaker 33: Did you often say things you didn't mean to your mom?
- 1:53:45Speaker 40: I mean, yeah, it's sometimes I would. Yeah, I mean
- 1:53:50Speaker 40: it is my mom. I'm very close to her.
- 1:53:52Speaker 33: And so since you're close to your mom, that means
- 1:53:57Speaker 33: you lie to your mom.
- 1:54:00Speaker 30: No, I don't say a lie. I mean maybe sometimes.
- 1:54:04Speaker 2: But and then to the text messages Nicki sent to
- 1:54:07Speaker 2: him that night, when he had not showed up.
- 1:54:14Speaker 33: Did you hurt Nikki that night?
- 1:54:18Speaker 30: Do you mean physically or what I.
- 1:54:22Speaker 4: No, I mean.
- 1:54:25Speaker 33: Did you physically beat her in the past.
- 1:54:27Speaker 30: No, I didn't never physically beat Nicki.
- 1:54:31Speaker 33: So you just have no idea why she would say
- 1:54:33Speaker 33: these things exactly.
- 1:54:36Speaker 2: If Doug pet be back on the stand for day three,
- 1:54:39Speaker 2: the cross examination turned to why he had waited so
- 1:54:42Speaker 2: long to call friends or family or police. He woke
- 1:54:45Speaker 2: up early the next morning and Nicky wasn't there, suggesting
- 1:54:49Speaker 2: he already knew he were dead because he too.
- 1:54:55Speaker 33: Did you search for Nicki on foot or by vehicle?
- 1:54:58Speaker 17: No?
- 1:54:58Speaker 25: I did not.
- 1:55:01Speaker 33: Still didn't call the police. I did not at that time,
- 1:55:04Speaker 33: now because you knew you didn't have to.
- 1:55:07Speaker 2: And now boring in on his actions when police.
- 1:55:10Speaker 33: Did arrive, And then you made sure that before police
- 1:55:13Speaker 33: arrived you took a shower.
- 1:55:16Speaker 30: Yeah, yep, I mean I was feeling rubby, and.
- 1:55:22Speaker 33: You know you wanted you had to wake up, and
- 1:55:25Speaker 33: you wanted to hide any proof that you were involved
- 1:55:27Speaker 33: in her murder, So you took a shower before the
- 1:55:30Speaker 33: police came.
- 1:55:31Speaker 2: And then a final step to make sure the jury
- 1:55:34Speaker 2: knew that police too had at first believe Doug Dietree
- 1:55:38Speaker 2: killed Nikki.
- 1:55:39Speaker 33: They knew she was murdered one hundred and eighteen feet
- 1:55:42Speaker 33: from your house.
- 1:55:43Speaker 30: I don't know what they knew what they knew at
- 1:55:46Speaker 30: that point?
- 1:55:48Speaker 33: You knew all along what happened to Nikki, No, I
- 1:55:51Speaker 33: did not. That's when the Brown County Sheriff's office arrested
- 1:55:54Speaker 33: you and told you you were under arrest for the
- 1:55:56Speaker 33: murder of Nicole vander Hyden.
- 1:55:58Speaker 26: That is correct. I have no further questions.
- 1:56:03Speaker 2: The defense had planet its seeds of doubt.
- 1:56:05Speaker 24: Look, it's a classic jilded lover gets vengeance story.
- 1:56:09Speaker 2: Yeah, it's classic. It's as old as time itself, the story.
- 1:56:12Speaker 2: The defense still had to find a way to deal
- 1:56:14Speaker 2: with the overwhelming forensic evidence against George Burch, including his
- 1:56:18Speaker 2: DNA on Nicky Suck and the GPS data pigs on
- 1:56:22Speaker 2: his phone showing his travels to and from the crime scene.
- 1:56:27Speaker 64: The evidence that the state clearly presented was difficult to
- 1:56:30Speaker 64: overcome that, and so it was no surprise.
- 1:56:33Speaker 2: When his lawyers called George Burgs.
- 1:56:35Speaker 49: To testify, if you swear to tell the truth, the
- 1:56:39Speaker 49: whole truth, and the truth to.
- 1:56:41Speaker 19: Help you down.
- 1:56:42Speaker 64: Given the situation here, the especially given the scientific evidence
- 1:56:48Speaker 64: where it's almost had to testify, and I think what
- 1:56:51Speaker 64: he had to try to do was fashion a story
- 1:56:55Speaker 64: that would somehow explain away the physical and scientific evidence.
- 1:57:00Speaker 2: He wore a tie and tried to come across as
- 1:57:02Speaker 2: a gentle.
- 1:57:03Speaker 61: Giant George Burch on the stand. Sometimes he seemed likable.
- 1:57:08Speaker 2: But sheriff's deputies were concerned that Birch was no likable
- 1:57:12Speaker 2: gentle giant.
- 1:57:13Speaker 12: Birch is wearing a stun belt underneath his clothes so
- 1:57:18Speaker 12: that it's controlled by remote control. They can electric They
- 1:57:20Speaker 12: can provide an electric shock to him in case he
- 1:57:23Speaker 12: acts out in the courtroom.
- 1:57:24Speaker 31: Hey George, I'm good. You've been sitting here for a
- 1:57:28Speaker 31: long time. This serves probably have a lot you want
- 1:57:31Speaker 31: to explain to the Jerry Sir.
- 1:57:33Speaker 2: Birch described meeting Nikki at his regular hangout Richard Cranians.
- 1:57:37Speaker 31: I was slurring and how was she acting towards you?
- 1:57:41Speaker 28: Send somewhat the same, pretty much starting back and forth
- 1:57:44Speaker 28: with each other.
- 1:57:45Speaker 2: Birch said they left together and ended up outside her house,
- 1:57:49Speaker 2: where he says they had sex in the back of
- 1:57:51Speaker 2: the Chevy Blazer before somewhat attacked.
- 1:57:54Speaker 69: Them, handing then The next thing I remember was the
- 1:58:02Speaker 69: person behind me and then saying. The first thing I
- 1:58:09Speaker 69: was coherent to me that I could hear them say
- 1:58:12Speaker 69: was look what they made me do. Did you know
- 1:58:15Speaker 69: if she was alive or dead? At that point, I
- 1:58:20Speaker 69: didn't know if she was alive. There was a lot
- 1:58:24Speaker 69: of blood on her face, come out of her mouth,
- 1:58:32Speaker 69: on her back.
- 1:58:32Speaker 31: And again that at that point, did you know who
- 1:58:36Speaker 31: that individual was?
- 1:58:37Speaker 28: Never seen him before in my life?
- 1:58:42Speaker 46: Do you know who that individual is?
- 1:58:44Speaker 4: Now?
- 1:58:46Speaker 14: Who was it?
- 1:58:47Speaker 4: Was?
- 1:58:47Speaker 6: That Tree?
- 1:58:48Speaker 2: And he said D three then ordered him at gunpoint
- 1:58:51Speaker 2: to put Nicky's lifeless body in his blazer and drop
- 1:58:54Speaker 2: it in a nearby farm field.
- 1:58:56Speaker 28: What was Dtree doing?
- 1:58:57Speaker 66: At this point.
- 1:58:59Speaker 28: He was standing behind me with the He still had
- 1:59:04Speaker 28: the fireman's hands pretty much directing you what to do.
- 1:59:08Speaker 2: Birch's testify, if the jury believed it, would explain perfectly
- 1:59:13Speaker 2: why his DNA was on Nicky Suck, why his phone
- 1:59:16Speaker 2: GPS data children at the crime scene and at the
- 1:59:19Speaker 2: farm field.
- 1:59:20Speaker 31: George, did you murder Nicole Vanderhyden?
- 1:59:22Speaker 28: No, sir, definitely not.
- 1:59:25Speaker 1: You know who did?
- 1:59:26Speaker 32: Doug Beecher.
- 1:59:34Speaker 2: The final day of the trial was being televised live
- 1:59:37Speaker 2: locally and nationally.
- 1:59:38Speaker 12: We're going to be covering the George Burch case today.
- 1:59:40Speaker 12: There's a lot at stake with this.
- 1:59:42Speaker 61: Story, so many twists and turns. People were so intrigued
- 1:59:46Speaker 61: by it because they didn't think that this could happen
- 1:59:49Speaker 61: in Green Bay, Wisconsin, and.
- 1:59:51Speaker 2: The Cohle's family, Doug Petrie and his family were in
- 1:59:54Speaker 2: the courtroom. What would be the dramatic hype fast examination,
- 2:00:01Speaker 2: the cross examination of George Birch Prosecutor David.
- 2:00:06Speaker 56: Really happened because you drove Nicole home twenty miles away
- 2:00:12Speaker 56: from where you lived, fully expecting that you were going
- 2:00:15Speaker 56: to have sex.
- 2:00:16Speaker 70: Right, that was your expectation. You were going to have sex.
- 2:00:21Speaker 70: That's why you're driving her home, right. I was hoping
- 2:00:25Speaker 70: that we would. It was leading from what had happened
- 2:00:29Speaker 70: before and when we had spoken. It seemed like that's
- 2:00:31Speaker 70: what was going to happen.
- 2:00:33Speaker 18: When you get there.
- 2:00:35Speaker 56: And it becomes clear that Nikki isn't going to have
- 2:00:37Speaker 56: sex with you, when she attempts to go into her
- 2:00:40Speaker 56: house and leave your vehicle, that's when your mood changes, right, No, servant,
- 2:00:46Speaker 56: that's when things get aggressive, don't they not at all?
- 2:00:49Speaker 56: That's when you grab that cord and strangle her, don't you, No, sir,
- 2:00:52Speaker 56: not at all. That's when Nicki gets slammed on the
- 2:00:55Speaker 56: ground repeatedly, when she's trying to run toward her house,
- 2:00:58Speaker 56: when those bloodstains lead in the direction back to her home.
- 2:01:03Speaker 28: None of that is true.
- 2:01:05Speaker 18: Well, how do you know you were out cold when
- 2:01:07Speaker 18: if you would sault it?
- 2:01:08Speaker 28: Because you said I did.
- 2:01:09Speaker 18: It, and the next day you're going fishing with your
- 2:01:14Speaker 18: buddy with a smile on your face and not a
- 2:01:17Speaker 18: care in the world.
- 2:01:20Speaker 28: It was a pre planned event, sir, and I wouldn't
- 2:01:23Speaker 28: say not a care in the world. That definitely would
- 2:01:25Speaker 28: not be something I would say.
- 2:01:29Speaker 14: No further questions.
- 2:01:31Speaker 2: It had been almost two years since that spring night
- 2:01:34Speaker 2: when the co vander Heyden and her boyfriend Doug were
- 2:01:36Speaker 2: at the Steel Panthers concert, Since she sent the angry
- 2:01:40Speaker 2: text to Doug, since she walked off into the NI
- 2:01:43Speaker 2: and since Doug was arrested for murder and then released
- 2:01:46Speaker 2: when his fifth gave him an out, and since authorities
- 2:01:49Speaker 2: tracked down George Stephen Birch and you're finding his DNA.
- 2:01:53Speaker 2: Nicki sucked and on a wire cores to strength. The
- 2:01:58Speaker 2: case was about to go to it, they would have
- 2:02:01Speaker 2: to decide whose story to believe that of Doug Dtree.
- 2:02:05Speaker 56: Did you have absolutely any involvement in Nicky's disappearance or death?
- 2:02:09Speaker 32: No, I did not like that of George.
- 2:02:13Speaker 31: George. Did you murder Nicole Vanderhuyde.
- 2:02:15Speaker 28: No, sir, definitely not.
- 2:02:17Speaker 2: Prosecutor Mary Karaghan Merris presented the state's closing argument.
- 2:02:22Speaker 5: This is clearly a who've done it case?
- 2:02:25Speaker 2: Ridicully the defense's case.
- 2:02:28Speaker 10: Their explanation is ridiculous, is insulting to your intelligence.
- 2:02:33Speaker 41: He tries to make you believe this encounter was consensual
- 2:02:37Speaker 41: as far as sexual activity.
- 2:02:40Speaker 19: Killer is not enough. He seeks to the famer.
- 2:02:44Speaker 41: The life's gone, so let's go after a reputation. She's
- 2:02:48Speaker 41: not here to counter these outrageous claims. That's very convenient
- 2:02:51Speaker 41: for him. Nicki did not give up easily. She showed
- 2:02:56Speaker 41: her spirit through the end.
- 2:02:59Speaker 19: Nicki did not go jump into the dents.
- 2:03:02Speaker 10: We ask you to return a verdict of guilty.
- 2:03:05Speaker 19: The first pree intentional Hansen.
- 2:03:07Speaker 2: Hey in his closing argument, George Burtish lawyer Lead Jutyard
- 2:03:13Speaker 2: did not back down from quoting the finger at Doug Dtree.
- 2:03:17Speaker 33: Justice for Nicole is not going to be delivered by
- 2:03:22Speaker 33: a wrongful conviction of George Burch just because of his
- 2:03:27Speaker 33: story sounds ridiculous. There sounds unbelievable doesn't mean it is.
- 2:03:33Speaker 33: And I ask that you focus on all the evidence
- 2:03:36Speaker 33: in this case, that you don't continuously ignore that the
- 2:03:40Speaker 33: state arrested Doug Detrie and there's a full scale investigation
- 2:03:45Speaker 33: into Doug Dtree. We've seen the evidence, We've seen him
- 2:03:49Speaker 33: testify he had the motive, the opportunity, and the connection
- 2:03:54Speaker 33: to this crime. The first piece of evidence I asked
- 2:03:58Speaker 33: that you focus on is when Doug Detrietchen called the police.
- 2:04:02Speaker 12: Yes, how do I go about.
- 2:04:07Speaker 33: With He didn't call the police until after Nikki's body
- 2:04:12Speaker 33: was found. He knew why he didn't want the police
- 2:04:17Speaker 33: to come.
- 2:04:20Speaker 1: He was trying to cover up.
- 2:04:21Speaker 25: What he did.
- 2:04:23Speaker 33: As we sit here right now, you are literally surrounded
- 2:04:28Speaker 33: by doubt. You are surrounded by reasonable doubt. That's why
- 2:04:35Speaker 33: you must return a verdict of not guilty.
- 2:04:38Speaker 2: Both sides expected the jury would need several days to
- 2:04:41Speaker 2: review all the evidence and conflicting testimony.
- 2:04:45Speaker 12: They got the case this afternoon after closing arguments from
- 2:04:48Speaker 12: both sides, and we're waiting to see exactly how long
- 2:04:51Speaker 12: they're going to deliberate today.
- 2:04:53Speaker 15: Very unusual dynamic in the sense that it's not just
- 2:04:56Speaker 15: did this one do it, it's which of the two didn't.
- 2:05:00Speaker 2: The jury was back after only three hours.
- 2:05:08Speaker 64: Ladies and gentlemen of the jury, we've been advised that
- 2:05:10Speaker 64: you've reached a verdict.
- 2:05:11Speaker 26: Is that correct?
- 2:05:15Speaker 64: The verdict reads as follows, We the jury find the defendant,
- 2:05:21Speaker 64: George Stephen Birch, guilty of first degree intentional homicide.
- 2:05:26Speaker 61: Is charged in the information he just hung his hat
- 2:05:30Speaker 61: a little bit, but I don't remember him crying or
- 2:05:33Speaker 61: showing much emotion.
- 2:05:34Speaker 2: And juror's child recorders it had all come down to
- 2:05:37Speaker 2: Exhibit number twenty three, that piece of wire cord almost
- 2:05:41Speaker 2: thrown away after being run over by a neighbor's lagow.
- 2:05:46Speaker 61: He said that is what sealed the deal for them,
- 2:05:50Speaker 61: because Doug's DNA was not found on that wire, but
- 2:05:54Speaker 61: Nicole vander Heyden's was, and so was George Burch's.
- 2:06:01Speaker 2: For an emotional two hours, Judge John Sikowski heard from
- 2:06:05Speaker 2: Nicky's friends and family and from Doug Dietree's mother, Diane.
- 2:06:09Speaker 63: I have a hard time driving on Offman road. The
- 2:06:13Speaker 63: site where perched through Nicky away like you didn't even matter,
- 2:06:18Speaker 63: she didn't matter, We loved her and remember her. All
- 2:06:23Speaker 63: Nicky wanted from him was a ride home, a ride
- 2:06:27Speaker 63: home back to Doug.
- 2:06:30Speaker 33: Back to her baby.
- 2:06:33Speaker 63: In closing, please go home today, Hug your loved ones,
- 2:06:41Speaker 63: tell them you love them, Show them you love them.
- 2:06:45Speaker 2: Nobody came to court to speak for George Birch, and
- 2:06:49Speaker 2: now wearing his orange prison jumpsuit, he declined to speak
- 2:06:53Speaker 2: for himself.
- 2:06:55Speaker 14: You know, I just just a thought, mister Birch.
- 2:06:57Speaker 29: She said, yes, sir, and no.
- 2:06:59Speaker 64: So the mammy thing would have been to say I
- 2:07:01Speaker 64: did it, I flipped out, I did whatever. Coppably do
- 2:07:05Speaker 64: something and step up to the plate and chose not
- 2:07:08Speaker 64: to do that, and still haven't done that.
- 2:07:11Speaker 2: And then just before passing sentence, the judge had one
- 2:07:15Speaker 2: final comment about George Burch's behavior.
- 2:07:18Speaker 51: Drop the body off in a field and then twelve
- 2:07:21Speaker 51: hours later go on a boat and be smiling like
- 2:07:24Speaker 51: nothing happened, like you didn't have a care in the world.
- 2:07:30Speaker 26: How can we explain that.
- 2:07:34Speaker 1: That isn't human, That is not normal.
- 2:07:39Speaker 64: In Wisconsin, we have life without pro And that was
- 2:07:42Speaker 64: the maximum sense that could be imposed, and that's what happened.
- 2:07:46Speaker 64: This is the most brutal murder that has ever been
- 2:07:48Speaker 64: committed by one person in the history of Round College.
- 2:07:53Speaker 30: That's how severe this case is.
- 2:07:56Speaker 29: This is a crime that would, I believe, merit the
- 2:08:00Speaker 29: death penalty.
- 2:08:01Speaker 46: After that, you have to die in prison.