00:00:00
[Music] You want to go back to where your brother was found? Boy, >> yes. >> I want to go to the beach because that
00:00:19
is where it happened. If only the rocks could talk. It's my understanding that your brother was actually found in
00:00:32
the underbrush over here. >> Dale Pike was found on a beach Miami naked face down dead shot twice in the
00:00:45
back of the head. My name is Joe Takpina. I'm a lawyer, former prosecutor, criminal defense
00:00:52
attorney who's one of the lawyers for Enrico Fort, an innocent man who's been wrongly convicted and has spent the last
00:01:00
20 years in jail. >> Mr. Fort? >> Yes. >> Did you have anything to do with Dale Pike's death?
00:01:07
>> Absolutely nothing. >> Did you ever in your wildest dreams ever think you'd end up in a place like this?
00:01:14
>> Never. Never. Enrico Forte. His nickname is Kiko. He was a worldclass wind surfer from Italy.
00:01:22
He was a father. He was a husband. >> There's no forensic evidence linking Pico to this crime. None whatsoever.
00:01:33
People have made comparisons to this case in Amanda Knox. You don't decide this person is guilty and then look for
00:01:40
evidence to back it up. >> Is that what you think happened to Enrico Fort? There's no doubt without
00:01:45
question. >> The victim in this case is Dale Pike, the son of Tony Pike, >> who owns a famous hotel in Aiza, Spain.
00:01:53
It's a place where parters go, where people go to do wild things, Spain's version of Las Vegas.
00:02:00
>> She knew you were in this special place. So that attracted all different sorts of
00:02:04
people, you know, whether it be Frank Zapper, Julio, Glazia, Wham, George Michael, and
00:02:12
of course Freddy Mercury. [Music] >> Did you know that your father was seriously entering into negotiations to
00:02:22
sell the hotel to Enrico Fort? >> Yes. It just didn't feel right. Dale wanted to go and see this guy face to
00:02:31
face. Dale Pike was going to Miami and Enrico Fory was the one that was supposed to pick him up.
00:02:37
>> All I knew that my brother was going over there for the deal. So, it's really
00:02:42
like it was the deal that created the death. >> As you're sitting here right now, do you
00:02:48
think Enrico Fort either helped kill or actually killed Dale Pike? >> No, I do not.
00:02:56
>> But you were one of the 12 jurors who convicted him. >> Yes, I know. Heat. [Music]
00:03:25
Hey. Hey. Hey. [Music] [Music] The 1998 murder of Dale Pike has always been and is to this day a true murder
00:04:13
mystery. >> Always questions. Always questions. >> Brad Pike is Dale's younger brother.
00:04:20
>> I also don't think I'll ever know the truth. What is known is that someone shot Dale
00:04:27
Pike twice in the back of the head with a 22 and left his body on a quiet stretch of beach on Virginia Key minutes
00:04:36
from Kiscane. Sean Crowley, a former captain with the NYPD, is now a private investigator.
00:04:44
>> You know, Virginia Key is a common place for wind surface. On February 16th, 1998, a beachgoer
00:04:52
found Dale's body. >> He sees indentation in the sand from the water line into the vegetation. But in
00:05:00
that indentation, he sees blood stains all along. >> So all the way from here, like from the
00:05:07
edge of the water all the way to vegetation. >> Correct. >> He's found completely naked.
00:05:12
>> Uh completely naked. Yes. His shirt was a little off to the side, but bloodied.
00:05:16
And then some key pieces of evidence were under his body or right next to his body.
00:05:22
>> Crowley, who works for Joe Takapina and Rico 40's current lawyer, believes the
00:05:28
killer or killers staged the crime scene with obvious clues so the body would be
00:05:34
quickly identified. A boarding pass with Dale's name on it. a pendant from Pikes
00:05:40
Hotel in Atha, Spain, and a phone calling card with only one number dialed. That number belonged to 40,
00:05:49
better known as Kiko, an Italian television producer living in Miami. >> As if to say to the police, just in case
00:05:57
you don't know who committed this murder, it's the guy who picked him up at the airport cuz he has the boarding
00:06:01
pass and check the calling card cuz Kiko Port's numbers on it three times. Here you go, please.
00:06:10
I was wondering like how close were you to Dale? >> We were close, but I guess we were also quite
00:06:18
different. I love very much the outdoors. Dale wasn't really interested in that. So, he was interested more in
00:06:25
the clubbing, that sort of thing. >> Charming man. >> Yeah. Yeah, very much so. Brad was home in Australia when he got
00:06:33
the news about Dale from a Miami detective >> and she said, "Look, I'm sorry to inform
00:06:38
you that your brother's been found murdered." I told them the whole story about what was happening.
00:06:45
>> What was happening was that Brad and Dale's father, Anthony Tony Pike, had signed papers to sell his world famous
00:06:55
Pikees Hotel to Enrico 40. We had our suspicions about it. Dale wanted to just lay it out in line and say, "Look, I
00:07:03
understand you want to do the deal. So, what's the game? What are you playing up
00:07:07
with now?" The brothers believed the hotel was worth a lot more money than the sales price of approximately $1.6
00:07:15
million. In the 1980s, the hotel had become a destination resort after George Michael
00:07:24
and Wham chose it as a setting for the iconic video Club Tropicana. [Music] >> Tony Pike had a cameo role and he played
00:07:38
it to the hilt. That video and Tony's sex craze persona made Pikes a hedenist hideaway and a haven for celebrities.
00:07:52
He was a very very adventurous and very tenacious man. Incredibly charismatic, uh, good-looking, very charming, cheeky.
00:08:03
Tony had asked Dale to help run Pikes after Tony became very sick in January 1997.
00:08:10
>> They did test and immediately diagnosed him with AIDS and said he has full-on
00:08:16
AIDS and AIDS dementia. But thanks to medication, in November 1997, Tony was clear-minded enough to travel
00:08:28
to Williams Island, an exclusive enclave outside Miami. He was visiting an old friend, Thomas Kat, a German expat who
00:08:38
had a taste for the good life. >> His idea of living was to drink champagne instead of water. Chaveet
00:08:47
Mesmer managed a shop on Williams Island and knew Canot well. >> Everything had to be the best. His shoes
00:08:55
had to be Gucci. His everything had to be the best. >> While visiting Canot, Tony Pike met
00:09:02
Kannot's upstairs neighbor, Enrico 40, and they hit it off. >> Very successful, [Music]
00:09:10
>> incredible person. He had contracts going with ESPN, >> world champion since 1982.
00:09:17
>> In Italy, he had won a popular quiz show [Music] [Applause] [Music] [Applause]
00:09:27
>> and later produced extreme sports videos. >> He was a mover and a shaker. Buying up
00:09:35
properties right around in Williams Island seemed to be the perfect life, if you will.
00:09:40
Hi. >> Hi. My name is your mommy. >> For's wife, Heather, was pregnant. >> And the couple had two young daughters.
00:09:50
[Music] >> Oh my god. The most loving father. [Music] >> And the way he felt about the baby
00:09:59
coming. He was on cloud nine. >> He loved Heather. >> Oh, with all his heart and soul.
00:10:07
[Music] Then in late 1997, Tony Pike told 40 he wanted to sell his legendary hotel.
00:10:20
And a few months later, the hotel deal came together. Tony signed papers to sell it to 40. And that's when Tony's
00:10:29
sons got upset. They felt 40 had taken advantage of Tony. The nature of the AIDS dementia as far as I know is that
00:10:37
he goes in and out of lucidity. I guess Dale and I were just suspicious that because he wasn't mentally together that
00:10:47
any deal that he was doing anyway needed to be checked and looked at. >> Brad says Dale then flew to Miami to
00:10:57
deal with 40 in person. [Music] Enrio 40, once a sports champion who traveled all over the world, today is
00:11:26
restricted to a prison cell. But he says only his body is behind bars. >> I still travel a lot. In my mind, that's
00:11:34
my way to survive in here. >> He's constantly turning over the events that landed him here. Back in 1998,
00:11:43
you >> 40 was excited about becoming the owner of the legendary Pikes Hotel in Aitha,
00:11:49
Spain. Salesp papers had been signed, but Dale and his brother Brad still had questions.
00:12:00
>> My brother sort of said, "Look, one of us needs to go and and have a look at the deal and just find out what's
00:12:08
happening with this." [Music] >> 40 went to pick Dale up at the Miami airport on Sunday afternoon, February
00:12:17
15th, 1998. [Music] But Dale's flight was late. >> I almost left. I wait for him almost two
00:12:27
hours and uh when I didn't find him, I start paging him. >> These records show 40 and Dale's
00:12:35
attempts to locate each other using the airport intercom. >> They start playing this game of
00:12:40
telephone tag via the airport intercom system for about an hour and a half. Joe Takapina and Dina Neshwat, 40's
00:12:48
lawyers, say 40 was nervous about the time because he had promised Heather he would pick up her father that night at
00:12:56
the Fort Lauderdale airport about 45 minutes north. >> And she said to him, "Don't be late to
00:13:03
pick up my father." >> 40 says that when he and Dale finally did connect, Dale had a request.
00:13:10
>> As soon as he arrived, he asked me for some cigarette. I don't smoke. I didn't
00:13:13
have cigarettes. So, we stop at the first gas station that I could find for him to buy some cigarettes.
00:13:19
>> Dale Pike went in there, goes into uh the phone booth and makes a call. >> And then Dalek said, "Could you drop me
00:13:25
off at first?" He said, "Keba's Kane." And Kiko said, "No, I can't. I can't go that far. You know, I have to go pick up
00:13:30
my father-in-law." So, he said, "No, no, no, not Kais. Just take me to the Rusty
00:13:33
Pelican restaurant." And Kiko said, "Okay." >> 40 says they never talked about the
00:13:38
hotel deal. Instead, 40 says Dale told him he was going to a party with quote friends of Thomas Canot.
00:13:48
Sound like something your brother would do. It's not out of the possibility if he'd
00:13:55
been promised a good party. At the restaurant, 40 says Dale got out of the car and into a white Lexus in the
00:14:04
parking lot. He says he didn't recognize the driver. The guy inside the car that was waiting
00:14:13
for him was an elegant person with a white shirt and gold chain, gold watch. After dropping off Dale, 40 made a cell
00:14:21
phone call to his wife Heather at exactly 7:16 p.m. 40 knew she'd be upset that he had been wasting time with Dale.
00:14:30
So 40 lied. >> And I told I didn't pick him up. I didn't want to have an argument with
00:14:36
her. I was extremely late. >> 40 picked up Heather's father at the Fort Lauderdale airport and says he
00:14:44
didn't give Dale another thought. >> And the moment that I left him, it was out of my mind. It's not that I was
00:14:51
thinking, "Oh, what's going to happen to him?" No. And never for a second came to my mind that something bad or
00:14:59
terrible could happen. Dale's body was found nearly 24 hours later on Monday evening on that wind
00:15:07
surfing beach on Virginia Key about 2 miles from the Rusty Pelican. 40 says he heard the news about Dale's
00:15:16
murder on Wednesday and that Tony was flying to Miami. >> I was confused and I was uh I was I was
00:15:25
still under shock. I spent all night trying to locate where Tony Pike was. Nobody knew where he was.
00:15:33
>> And that's because the Miami police had spirited him away. They wanted to know
00:15:38
more about Dale's trip and that hotel deal. >> They certainly were convinced that the
00:15:44
deal with the hotel and the purchase of the hotel was, let's say, the impetus for the killing. 40 says he knew none of
00:15:53
this when he reached out to the police on Thursday. >> I thought it was the right thing to do.
00:16:00
>> Unwittingly, 40 was walking into the lion's den and police were ready to pounce. Suspicious of 40 and the hotel
00:16:10
deal. Detectives tried to trick him, suggesting that Tony might also be dead. >> The police lied intentionally to Kiko.
00:16:19
And what Kiko thought was, "Oh my god, I was in Miami. I picked up Dale Pike. He's dead. These guys think I killed
00:16:26
both of them." And he panicked. >> 40 then made what he says was the biggest mistake of his life. He repeated
00:16:37
the lie he had told his wife. He told cops he had not picked up Dale at the airport.
00:16:46
But if you were going to try to help the police, why didn't you tell them? You had picked Dale Pike up.
00:16:52
>> Because when I arrived there at that moment, I realized it was a suspect. Of course, I was I was confused. And I do
00:17:00
believe there is no logic on the way that I behaved that night. >> 40 returned to the police station the
00:17:07
next day and says he had made up his mind to tell the truth. When did you tell them you had in fact picked up Dale
00:17:15
Pike? >> As soon I had the opportunity. I don't remember exactly the timing, but
00:17:20
detectives say 40 only admitted picking up Dale after they confronted him with those airport paging records, proving
00:17:30
that he and Dale had made contact. >> That's a lie. They are lies from these policemen. They're way bigger than the
00:17:38
lie than I did. 40 insists he came clean about everything, telling cops all he knew about the Pike family. And 40
00:17:48
pointed investigators to that longtime friend of Anthony Pike, Thomas Canot. >> And Thomas Canot was stealing money left
00:17:58
and right from Anthony Pike. >> The police went to find Canot, but by them Thomas Cannot had vanished.
00:18:18
[Music] The man was just the happiest person I ever met. >> Shave Me Mesmer knew Enrico 40 even
00:18:27
before Thomas Kennot arrived on the scene. He was one of the kindest, nicest, most appealing people on the
00:18:37
island. >> But his downstairs neighbor, Thomas Kenat, she said, well, he was a different story.
00:18:45
>> When did you start to realize this is a con man right after I married him? >> It turned out Thomas Canot moved to
00:18:53
Williams Island straight out of a German prison. Kenat was convicted of 14 counts
00:18:59
of fraud, stealing millions. But when he turned up on Williams Island, the high-flying Canot told
00:19:06
everyone he was a tennis pro. So this guy who told you he was a tennis player and was making money from playing
00:19:15
tennis. >> He wore a lot of tennis clothes. >> He just wore a lot of tennis clothes.
00:19:19
Shave says Kannat was charming and she eventually married him to help him get a green card. But the sham nuts were
00:19:27
quickly enolled when she said she saw his fits of anger. >> Thomas had a really bad temper.
00:19:37
>> She wasn't surprised that Canot vanished when Dale Pike's body was found. >> I thought they got him for the murder.
00:19:45
>> With 100% certainty, there was not any motive for Kiko Forte to want Dale Pike
00:19:50
dead. Zero. There was plenty of motive for Thomas Kennot. >> Turns out for months Thomas Kennot had
00:19:58
been illegally running up exorbitant charges on Tony Pike's credit cards and Dale Pike knew it. 40 and Takapina
00:20:08
believed that was a motive for murder. Cops caught up with Kat days later in downtown Miami, but Kannot told police
00:20:17
40 had his own motive. that Dale's concerns about the hotel sale could ruin 40's deal.
00:20:24
>> Kant made a very compelling case that Kiko must have killed him. Kiko was trying to swindle him from the hotel.
00:20:32
>> Police had enough to charge both men with fraud. Canot for running up $90,000
00:20:38
on Tony Pike's credit cards, 40 for allegedly trying to swindle Tony out of his hotel.
00:20:46
But for the Miami police, 40 was still the prime murder suspect. >> The police have determined early on that
00:20:53
it was Kiko. That it was Kiko. It was Kiko. >> After all, 40 was the last known person
00:20:59
to see Dale Pike alive. And he had lied about it to the police. And Kannot had something 40 did not. An alibi.
00:21:10
He was hosting a dinner that night >> at a dinner party in his little apartment because he had a lot of people
00:21:16
in there at this particular time to give him enough witness for an alibi. >> But Takapino says if that alibi clears
00:21:23
Thomas Kat, then the timeline should clear 40, there isn't enough time for 40 to pick up Dale, murder him, and then
00:21:33
meet his father-in-law in 90 minutes. Prosecutors agreed that he might not be the trigger man.
00:21:40
>> They don't accuse Kiko of being the gunman, the triggerman, the shooter. They don't accuse him of that. They said
00:21:45
he was acting accomplice with someone else. With who? They have no idea, but with someone else.
00:21:53
>> Even if 40 wasn't the trigger man, prosecutors decided they could prove he had a role in Dale's murder.
00:22:01
Prosecutors cut a deal with Canot to testify against 40. even though the convicted con man had failed three
00:22:09
polygraph tests. And in October of 1999, they announced they had critical physical evidence
00:22:17
linking 40 to the crime scene. What's the crucial evidence against 40? Grains of sand. Less than a teaspoon.
00:22:27
Prosecutors say they recovered that much from Ford's car and that it matches the
00:22:32
sand here on this beach where Dale Pike's body was found. >> Now, let's focus on the evidence of the
00:22:38
sand. The first two times they searched that vehicle, they came back with an insufficient amount of sand for the
00:22:45
forensic technician to determine where that sand would have come from. The third time they recovered some sand
00:22:52
in the trailer hitch. They removed the trailer hitch. This wouldn't be allowed in a traffic
00:22:59
court, let alone a a murder trial. This wouldn't be allowed in a food court. >> But it was.
00:23:06
And at 40's murder trial in 2000, prosecutors poured over blowups of microscopic images of sand particles
00:23:16
with their experts saying the grains definitely came from Virginia Key. And he lives in that area and he's got
00:23:25
kids and he's a wind surfer. Why wouldn't he have this stand on his vehicle? >> Veronica Lee had just turned 20 when she
00:23:32
was picked for the jury. She had her doubts. >> Were you troubled at all about the fact
00:23:37
that there was no DNA that connected the defendant? >> No fingerprints, >> right?
00:23:43
>> But the state pathologist did provide damning testimony based on undigested food that Dale Pike
00:23:52
likely ate on the airplane. The pathologist said the time of death was consistent with some time between 6:00
00:23:59
p.m. and 7:16 p.m. when Dale Pike was with 40 and when Kennot was home at his dinner party.
00:24:09
How big a mistake was it for the defense not to call their own pathologist? >> It was an enormous mistake by the
00:24:16
defense not to call their own pathologist. >> 48 hours asked pathologist Dr. Gregory
00:24:22
Davis from the University of Kentucky to review the Miami Pathologist report. >> I'm shocked that this got entered into
00:24:30
evidence. >> Is there like one word that sums up this affidavit? How would you sum it up?
00:24:36
>> Irresponsible. >> Dr. Davis says pathologists have known for decades that people simply digest
00:24:43
food at different rates. >> Can you pinpoint the time of death to a minute the way
00:24:49
this is? 716 as opposed to 717? >> Absolutely not. >> In fact, Dr. Davis believes the lack of
00:24:59
animal or bug bites on the body and the state of decomposition indicates that Dale Pike could have died
00:25:07
later, even the following day when 40 would have an alibi of his own. Prosecutors stuck to their timeline.
00:25:16
They highlighted that 7:16 p.m. phone call 40 made to his wife when he was supposedly heading north to pick up her
00:25:25
father. A cell phone tower instead places 40 going in the opposite direction. And prosecutors without any
00:25:34
proof speculated that 40 was on his way to get rid of evidence. The defense countered that there were
00:25:42
too many variables, including the weather, to determine why one tower picked up a call and not another.
00:25:51
And they tried to offer Canot as a better suspect. >> Did you want to know more about Thomas
00:25:59
Canot? >> Yes, I did. Every time they tried to bring him up, oh, he's not the one
00:26:03
that's on trial here. Prosecutors ultimately decided against calling the convicted con man. And on June 15th,
00:26:11
2000, the case went to the jury. >> I tried to voice my opinion and tell them, "Look, there is no smoking gun.
00:26:21
How can you put this man away, you know, for for life?" There was a point where I
00:26:27
locked myself in the bathroom and started crying. They wouldn't nobody would listen to me. They said, "I don't
00:26:33
know what I'm talking about. I'm just a little girl, you know, and and it was really hard."
00:26:39
>> Veronica felt forced to vote guilty. >> He looked right at me and I mean, I couldn't even look at him in the eyes. I
00:26:46
felt like I let him down so much, but I tried so hard. >> Some jurors did not like the fact that
00:26:54
40 initially lied. >> That's the only thing they have against me. My they lie to my wife and the life
00:27:02
and they lie to the police. Nothing else. >> And that was a mistake. >> That was a mistake. Of course, it was a
00:27:09
mistake. But it's a mistake. They need to be punished with a life sentence. >> 40 was sentenced to life without parole.
00:27:19
>> I felt like he was done wrong. I I don't think it was a fair trial. So if Enrio 40 did not kill Dale Pike,
00:27:28
was it Thomas Canat? We went to find him. [Music] The only truth that I know for sure is
00:27:48
that Kiko would definitely not kill a person. Like all of Kiko Ford's friends, Francesco Guided, who attended the
00:27:58
trial, will never accept 40's guilty verdict. >> The trial was tragic. >> And what's more, lawyer Joe Takapina
00:28:11
says the police bodgeged a key aspect of 40's story that might have revealed another suspect.
00:28:20
40 told authorities that after he picked up Dale, they stopped at a gas station where Dale used a pay phone.
00:28:29
>> They went and pulled the phone records from that telephone booth and they came
00:28:32
back saying, "Yeah, he lied. There's absolutely no record of a call that was made from that phone booth on that day
00:28:40
at that time." >> And what was wrong with that? >> The problem was they subpoenaed the
00:28:44
wrong year. By the time the police subpoenaed the correct year, the records were no longer
00:28:51
available. >> So, because of police incompetence, we will never know who was on the other end
00:28:57
of that phone call. It's mindblowing to me that he was convicted. >> 40's friends and family agree and have
00:29:06
kept a drum beat over the years, insisting he's innocent. In 2013, 40's case came to the attention
00:29:19
of Italian journalist Manuela Moreno. >> I was in US and I looking for a big story. I start to study Kiko 40 story
00:29:28
and I said this is my story. >> Manuela visited 40 and he told her he was desperate for legal help. At his
00:29:37
suggestion, Manuela contacted Joe Takapina. >> She said, "You have to take this case."
00:29:42
She asked me to meet with the family. [Music] >> Few Americans have ever heard the name
00:29:52
Enrio Forti, but 5,000 miles away from his Miami prison cell, it's a very different story. Here in Trento, Italy,
00:30:01
he's the hometown hero. [Music] We met some of 40's closest friends, including Louisa Mangastropa, 40's first
00:30:14
wife, who remembered the days she and Kiko would ski and snowboard. Where are we exactly?
00:30:22
>> It's the place where we used to come with Kiko. >> You said he always had to be moving.
00:30:30
>> Yeah. Skis, snowboard, jumping with the skis, everything. everything with the
00:30:36
snow. >> Have you stayed in touch with his family? Kiko's family. >> Oh, yes. They love me.
00:30:42
>> And the mother loves me. >> She's 91 years old and she's still a young chicken.
00:30:49
She's uh my rock. >> You talk to her? >> Yeah. Yeah, I talk to her. She's great.
00:30:57
>> She speak English? >> Uh, no. >> She doesn't know how to bring it in. >> She's very smart. Italian communicate
00:31:03
with their hands. So she will be able to communicate with you. She will give you
00:31:07
a big and a kiss. >> We also visited 40's uncle Giani who is the keeper of all things Kiko.
00:31:18
Italian magazines compare 40 to Amanda Knox. >> How often do you think about Kiko?
00:31:28
>> It's not that I think of him. I have nightmares. I have spent 20 years looking at all the
00:31:34
evidence to see if there was any basis. It's my life. >> After 20 years, we must say and prove
00:31:43
that Kikoforte is not guilty, and he never was. Giani's relentless campaign to keep his
00:31:50
nephew's case in the public eye paid off when a witness came forward with an intriguing story after seeing a
00:32:00
television program about 40's case. >> I met Thomas Kat by chance on a yacht in Monte Carlo.
00:32:09
>> We found Fabriio Penduli in the small town of Luca. He's restricted to his hometown because of his own financial
00:32:17
crimes. When he told his story publicly for the first time, he said that in 2011, he met Thomas Kannade at a party
00:32:26
in Monte Carlo on a yacht called the Goldfinger. >> The true reason why I'm here is what I
00:32:36
was able to hear and understand. that there is a person who is in prison who is innocent.
00:32:47
I heard Thomas cannot brag of things that he had done, serious things, grave things,
00:32:55
and he managed to get away with it and others paid for him. He also used to mine the use of a
00:33:04
revolver, of a gun like this. He used to say, "I did things that I didn't pay for."
00:33:12
>> Pandi says Kannot never said he was the trigger man, nor did he use the names
00:33:18
Dale Pike or Enrico 40. But Kannot did refer to his friend Anthony who had a hotel in Aitha. Eventually, Pandalfi
00:33:28
provided this information to an Italian investigator and she gave it to Joe Takapina.
00:33:34
And what is your hope by giving her this information? By giving Kikofor's attorney this kind of information.
00:33:42
What's your hope? >> That the investigation would be reopened so that one could show that Kiko Forte
00:33:51
most likely maybe for sure had nothing to do at all with the murder. >> Canad has always insisted he had nothing
00:34:00
to do with Dale's murder. And after he served three years in Florida prisons for stealing $90,000 from Tony Pike, he
00:34:11
was deported to Germany. >> They let him walk out the door and let him take a plane and go to Germany and
00:34:19
live the rest of his life. >> We wanted to ask Thomas Canad about Pandalfi's story. So, we left Italy and
00:34:26
headed north on the Autobond. The trail then led us here to Munich, Germany. This is where Thomas Kennot
00:34:35
says he now lives. He even gave us his phone number. But when it came to sitting down with him for an on camera
00:34:42
interview or just meeting with him, you could see for yourself what happened. >> Can we just meet with you? I mean, all
00:34:50
I'll do is no camera and just meet with you for coffee. >> We told Canad about the story Fabriio
00:34:58
Pandalfi told us. Have you ever been on a a yacht called the Goldfinger? >> So you have been.
00:35:06
>> He confirmed that much. >> And so we have somebody who has come forward who said that he heard you
00:35:13
actually say that you had been involved in a murder. We you say he's a crook, but but to be honest, Mr. Canot, you
00:35:21
have quite the criminal history as well. >> Canot said Pandalfi had no credibility.
00:35:28
One con man pointing the finger at another. >> All right. Thank you, sir. >> He's not going to meet with us. Um, he
00:35:37
got very, very agitated. He does not say Enrico Fori is the killer. He just says,
00:35:42
"You want to know who killed Dale Pike? Ask Enrio Fory." Back in the United States, we decided to
00:35:49
fly Brad Pike, the brother of murder victim Dale Pike, in from Australia. He brought along family files where we
00:35:58
found something written by the homicide commander that was extraordinary. >> That's the first I'm hearing of that,
00:36:06
Erin. My reaction is to want to pound this table right now and say, "Are you kidding me? That's that's disgusting.
00:36:20
[Music] It's been 21 years since Brad Pike's brother, Dale, was murdered on this
00:36:33
Miami beach, and Brad is here from Australia to finally see what it looks like for himself.
00:36:41
>> Does coming here in some way just raise more questions in your head rather than answering them? It does, but then
00:36:50
it also answers a lot of questions because now I know what the scenario looks like.
00:36:59
I could think of a lot worse places to die. In Miami, Brad had a private meeting
00:37:04
with the prosecutor who tried the murder case against Enrico 40, stopped by the Rusty Pelican, and visited Williams
00:37:13
Island where his father Tony spent time with 40 and Thomas Canot. >> It remains now no longer an imagination,
00:37:21
but a reality. >> Brad brought with him a stack of papers he had collected about the case,
00:37:28
including this email. This is a email that was sent to Tony Pike after the trial.
00:37:37
>> In the lengthy email sent to Brad's father after the trial, Lieutenant John Campbell, the homicide squad's
00:37:44
commander, writes, "The prosecutors were very uncertain about proceeding, and we
00:37:49
almost had to threaten them to get 40 charged. >> I get a little scared. I get a little
00:37:55
scared that that's how the system of justice works down there." Lieutenant Campbell also wrote, "I was really
00:38:01
nervous that the jury would find him not guilty because we just didn't have a lot
00:38:06
of proof. Thankfully, they recognized that truth when they saw it. We showed that email to 40
00:38:13
>> from the beginning. They they wanted to crucify me and uh they were just waiting
00:38:18
to see how they could do it. And that fact that you have in your hand, it's just uh in other evidence.
00:38:25
>> Is that hard to read?" Yes, Arj. I wish I knew about these things uh when I could still fight on a legal way.
00:38:34
>> Your lawyer has us now. >> I hope he can do something about that. Campbell, now retired, admits he had a
00:38:41
contentious relationship with an administrator in the prosecutor's office, but that he and other detectives
00:38:49
all believed 40 was guilty and that they quote had sufficient weight of evidence
00:38:55
to meet our legal burden. Prosecutors refused our request for an interview, but wrote that they stand behind 40's
00:39:03
conviction. >> There's so many doors closed. Getting a sit down with the prosecutors is
00:39:08
impossible. We've asked, they said, "No thanks. We're not interested." We need somebody to listen.
00:39:14
>> Enrio 40 hopes that someone will come forward with new evidence like the identity of the man who 40 says picked
00:39:22
up Dale Pike at the Rusty Pelican. We arranged this sketch to be made based on 40's description.
00:39:30
>> That's very accurate. The only thing is missing is a a gold chain, but otherwise
00:39:36
it's a very accurate drawing of the person. And >> how do you just keep going every day?
00:39:42
>> I'm looking forward. You know, I do that for my kids. I do that for my friends. I
00:39:47
do that for my family. >> 40's wife, Heather, was 25 years old and pregnant when he was first arrested. And
00:39:55
his only son was born while 40 was out on bail. The couple also had two older daughters. When you were convicted, you
00:40:03
said something to your wife. What did you tell Heather? >> I I told her and it was time for her to
00:40:10
to get their own life because it would have been a long battle. >> Eventually, Heather moved back to her
00:40:17
native Hawaii with their three children. After divorcing 40, she married an old friend and raised a blended family. 40's
00:40:27
daughter, Jenna, once appeared on the CBS program Hawaii 5. >> I'm adding him to my to-do list.
00:40:35
>> And 40's son, barely 2 years old when his father was convicted, asked his mother for a special present for his
00:40:43
16th birthday to visit his father in prison. >> Do you think someday you'll have the
00:40:51
life you had back? >> I do believe so. I don't want to use the word hope. I believe in that.
00:40:56
I'm very positive my mind's still pretty much free. >> Remember, prosecutors conceded at trial
00:41:05
that 40 may not have been the trigger man. No one else was ever arrested in connection with Dale's murder, which
00:41:12
means the shooter is likely at large. Tony Pike died in February 2019. As for Brad Pike, He believes 40 has
00:41:27
spent enough time in prison. >> What do you want to say to Enrio Fort? >> I forgive him.
00:41:37
>> It's just a terrible, terrible, terrible situation. Whether he killed Dale or
00:41:42
not, it is a >> Had they met, Brad says he would have told 40 that he supports the calls to
00:41:50
free him. And I don't think anyone will really know what the absolute truth is. There's only two people that know and
00:41:58
one of them is dead and the other one pulled the trigger. It's those unsolved mysteries that we have to learn to live
00:42:06
with. [Music] [Music] [Music] You can't look at the water and at the sea without remembering what happened to
00:43:07
George. It's got too many bad memories for me now. Oh, I miss him. Miss him every day. I
00:43:18
miss his voice. I miss his phone calls. He called me all the time. I just miss him as a son.
00:43:28
>> Pretty much every night I go to bed, I see his face. >> No parent should have to lose their son
00:43:37
that way. Gentlemen, this is Captain Michael. May I have your attention, please? A person
00:43:46
may have gone overboard last night. I have no doubt in my mind whatsoever that my son was murdered on that cruise
00:43:57
ship. There's so much evidence. It's overwhelming. >> It's just been a complete and awful
00:44:06
nightmare for my family and we still do not have justice for George. >> The first suspect is the surviving
00:44:15
spouse. >> She said she couldn't remember anything. eyebrows started to go up about what
00:44:19
exactly did Jennifer know. >> But the FBI soon turned its attention from George Smith's widow to a group of
00:44:27
young men, the last people to see George alive. >> There were sounds of a a fight, a
00:44:37
struggle inside my brother's room. >> I heard some males arguing on the balcony.
00:44:46
[Music] What we're trying to do is sort through the facts and figure out what happened
00:44:54
that night because unfortunately this has become pretty much a cold case. While on the cruise, did you meet George
00:45:00
Smith IV? There was a series of questions that I asked in each of the depositions of each of the boys. Do you
00:45:06
know what happened to George Smith? Were you present when George Smith went overboard? Did you kill George Smith?
00:45:13
Something crazy went down that night and I hope one day that they find out the truth.
00:45:19
>> A 48 hours investigation has uncovered failed polygraphs, questionable alibis,
00:45:26
and a provocative video made by some of the men just hours after George Smith disappeared.
00:45:34
>> On the videotape, you've got them joking about George's death. Very callous and
00:45:38
at one point incriminating. I just can't comprehend that someone could snatch my brother from a cruise
00:45:46
ship, throw him on an overhang and dies alone in the water, and then nothing's done about it. The evidence is
00:45:55
huge. Why hasn't someone been arrested? [Music] [Music] [Applause] [Music] [Music]
00:46:26
Sometimes you still think, "Ch, he might be still out there cuz we don't have a body." We don't have a body.
00:46:35
It doesn't get any easier. And you know what? If we had our answers for George and know what happened, maybe.
00:46:43
>> We don't know. >> For 10 years, Morin and George Smith have been tormented. They don't know
00:46:50
what happened to their 26-year-old son aboard that cruise ship. >> We have to just keep pushing the buttons
00:46:57
and we won't let it go. It's our son. >> It wasn't supposed to be this way. George Smith IV had seemed destined to
00:47:06
have it all. >> Fine young man, handsome, hardworking. He was just an all round great kid.
00:47:15
>> He was the funniest guy, you know. I would sit and have a couple beers with him and he'd make me laugh for the whole
00:47:20
night. And besides, he was so good-looking, the girls just fell all over him. It was it was a lot of fun. He
00:47:27
was just a great guy. George was about to take over his father's liquor store in Greenwich,
00:47:34
Connecticut. >> George made the store. He was much more of a lively guy than I and loved to talk
00:47:39
and uh he had that gusto in him and he really wanted to take the store and build it.
00:47:44
>> Stop by today. >> This is George working alongside his father in a local commercial.
00:47:50
>> He always called me the old man because I wasn't into modern tools and techniques like he was. So, I was the
00:47:56
old man. I was the dinosaur that he had to deal with. >> George's future seemed even brighter
00:48:03
when he met Jennifer Hegel, an aspiring school teacher. >> I was overwhelmed with her because she
00:48:09
had this dynamic personality. She was very fun-loving like him, very attractive, and he was very happy with
00:48:17
her >> with this ring. >> After a three-year courtship, >> I the win. George and Jennifer were
00:48:23
married in a ceremony overlooking the sea. >> It was a really lavish affair in Newport, Rhode Island. It was a story
00:48:31
book wedding. It was absolutely beautiful. >> George's older sister, Bri, remembers
00:48:36
the day very well and how excited they were to go on their honeymoon. >> They were so excited to be starting
00:48:44
their life together and they couldn't wait to start their cruise. >> I can remember shaking his hand in the
00:48:49
street and saying goodbye to him. No one could ever imagine that just less than two weeks later, George would be
00:48:57
missing. >> In late June 2005, Royal Caribbean's Brilliance of the Seas set sail from
00:49:05
Barcelona. The footage you see is from a sister ship. Fellow honeymooners Paul and
00:49:13
Galina Kitnitzki were on board with the Smiths. We sat down next to one another and uh since the first day we we we
00:49:21
became acquainted. >> The couples hit it off immediately. >> They were really great. I mean, they
00:49:27
were just very normal, down to earth, happy people. >> I would say we spent a lot of time
00:49:31
together. >> They loved the sights. I remember they were taking a lot of pictures. Like
00:49:34
everywhere they went, they were like always with the camera. >> And back on the ship, they socialized
00:49:39
into the early morning hours. >> I think he enjoyed himself a lot, you know, um having a drink or two.
00:49:45
>> He didn't have a good tolerance for alcohol. Like you could see he would have like four beers and you know you
00:49:50
could see that he was pretty much drunk. >> Around midnight on July 5th, the two
00:49:55
couples headed for the casino. [Music] It would be the last night of George's life.
00:50:04
Jennifer, who's seen here on casino security cameras, spent much of her time at the blackjack table. and George, who
00:50:12
was also captured on tape, headed for his usual spot at the craps table. >> He was just having fun at the table and
00:50:21
uh you could see that right away. George was soon joined at the table by another
00:50:26
shipboard acquaintance, California college student Josh Asin. 48 hours spoke to Josh in 2006.
00:50:35
>> Hung out with them for a little bit. Nothing too in-depth. Jennifer played a little blackjack. I played a little
00:50:41
crafts with George. There were a lot of other people around as well who we'd met
00:50:45
on the cruise so far. >> And a group of Russian American students were also making the rounds that night.
00:50:53
Cousins Zachary and Greg Rosenberg and their friend Rusty Kaufman. Josh had met them on the cruise as well.
00:51:02
>> Everyone who was over 18 pretty much congregated in the casino. Everyone was in high spirits
00:51:09
>> and George and Jennifer were high rolling. At one point, George, who's seen here at the casino with Josh, went
00:51:17
back to his own cabin to get extra cash for Jennifer. >> I think George looked prosperous.
00:51:24
Additionally, had a really nice watch, which was a Brightling watch. Was worth a bit of money.
00:51:29
>> And Brie Smith wonders if someone on the ship was getting the wrong idea about
00:51:34
her brother. People may have made assumptions that George was a millionaire even though he wasn't.
00:51:39
>> And one thing that was clear to Paul that night was that by the time the casino closed, both Jennifer and George
00:51:47
were already drunk. >> And I just remember telling him, "It's time to call it a night. It's time to
00:51:53
call it a night." >> Paul wishes his new friend had listened. Two hours later, George Smith would be
00:52:01
gone. As the sun rose over Kusadasi, Turkey on July 5th, 2005, 16-year-old Emily Roush
00:52:27
stepped onto her balcony to snap some photos. And it was around 7:30 in the morning and I noticed something on the
00:52:36
overhang of the lifeboats. >> Instead of a spectacular sunrise, Emily's camera captured this. A huge
00:52:44
blood stain on the lifeboat canopy. This is Emily's account from back then. >> I just assumed that someone had died
00:52:52
there. Security quickly determined the occupants of room 9062 were unaccounted for and snapped these
00:53:00
pictures of the room. And then they began paging the Smiths. >> I had a stateateroom attendant outside
00:53:07
my room. And I said, you know, you should probably go into that guy's room and wake him up because he's not going
00:53:13
to hear that page because he was probably still sleeping. >> In another cabin, Paul and Galina were
00:53:19
startled by a visit from ship personnel. And that's when the guy came in and he said, "Have you seen George?" And I'm
00:53:26
like, "What do you mean, have I have seen George?" >> And we said, "What's going on?" And he
00:53:30
kind of told us, "He's missing." We're like, "Missing?" >> By now, they had been summoned to guest
00:53:35
relations. Jennifer was also there. She'd been located at the ship's spa getting a scheduled massage. The crew
00:53:44
soon delivered the crushing news that her new husband, George, was presumed overboard.
00:53:54
>> She just kept saying that she doesn't remember what happened. I can't remember. I can't understand. I don't
00:53:58
remember. >> Jennifer said she had almost no memory after leaving the casino and that when
00:54:04
she had awakened in the cabin, George wasn't there. She had just assumed George stayed with Paul and Galina.
00:54:12
She's shocked and panicked and she doesn't understand what's going on. She just kept saying that, "I want to call
00:54:17
my dad. I want to call my dad." >> Half a world away in Connecticut, the Smiths were trying to absorb the shock
00:54:23
from the call from Jennifer's dad. >> It's disbelief. >> You know, we just couldn't believe it.
00:54:29
He's got to be on the boat. >> But the Smiths had not yet been told about that blood stain or the
00:54:36
investigation now underway on the brilliance of the seas. Turkish police had boarded the ship. Royal Caribbean
00:54:44
documented the forensic investigation. And in the ship's lobby, they rounded up Josh Asin and the group of Russian
00:54:52
Americans, Rusty Kaufman and Zach and Greg Rosenberg. They had all partied with George the night before.
00:55:00
>> I just didn't know what was going on. I knew I did nothing wrong, and that's all
00:55:04
that mattered to me. This video secretly recorded by Josh's father shows the police interview. Rusty Kaufman on the
00:55:12
right appears to be shocked when he hears about the blood. >> The wife was crazy.
00:55:22
>> The video only captures snippets of what has emerged over the years as a very
00:55:28
complex story. A story and a timeline that would be dissected and debated for years.
00:55:36
>> After we dropped them off, we closed the door. We never saw him again. >> Never saw him again. I'm done. Never saw
00:55:44
him again. >> The young men's account begins at 2:30 a.m. after the casino closed. It was on
00:55:51
an elevator to the disco where Josh says he noticed some odd behavior from casino
00:55:57
manager Lloyd Boa. >> There was maybe a time when Lloyd, the casino manager, put his arm around
00:56:04
Jennifer and we thought a little awkward moment. It was just a little awkward for
00:56:08
a second. >> At the disco, the party was in full swing and the guys smuggled in a bottle
00:56:15
of a potent liquor called Absin. >> They were having shots of absin. They were having shots.
00:56:21
>> Albert Diane represents Rusty Kaufman. We spoke to him in 2006 and Diane says
00:56:28
there was tension between George and Jennifer at the disco. >> Rusty does not hear what is being said,
00:56:35
but he does observe Jennifer kick George in in his groin. >> Jennifer stormed out of the disco. And
00:56:43
according to Zach, Rusty, and Josh, the casino manager followed after her. Josh would emphatically make this point when
00:56:52
questioned by Turkish police later. >> She has no idea what happened. She was with another man, the casino manager,
00:57:00
Lloyd. You need to get him in here. >> The men claimed they didn't know where Lloyd and Jennifer went. But by 3:30
00:57:08
a.m., the disco was closing and George was in bad shape. >> George was kind of slumped over in a
00:57:15
chair. I asked my buddy help me take him home real quick. When they are walking to the cabin, they are literally
00:57:21
carrying George. >> At 3:52 a.m., the guys entered the Smith's cabin. The ship's key entry log
00:57:30
records the time, but Jennifer is not there. >> Did you see her? >> She was in the room.
00:57:38
>> Georgia all of a sudden expresses a wish to go search for his wife. And at this
00:57:43
time, the boys are having a a loud discussion debate about whether they should go and assist George.
00:57:50
>> The group heads out again. And after a brief search of the ship's solarium, they return George to his cabin at 4:01
00:58:00
a.m. >> I went to the restroom right when we went in. I probably saw him for like a
00:58:05
minute, 30 seconds. They actually lay George on his bed, take off his shoes, and he displays a tremendous gratitude
00:58:12
towards these young men. In fact, he hugs and kisses one or two of these young men.
00:58:16
>> And that was the end of it all together. >> But just remember, not not at one point
00:58:20
or no time does he ever seem angry or anything at all. >> But shortly after 4:00 a.m., passenger
00:58:26
Cleat Heyman, a vacationing deputy police chief, hears a disturbance next door. My wife and I were awakened by
00:58:34
yelling coming from the Smith cabin. This yelling sounded what I would liken to a drinking game.
00:58:40
>> A few minutes later, >> suddenly though, there was an argument out on the Smith balcony.
00:58:46
This argument appeared to be uh between three maybe four male individuals. >> But Rusty's lawyer insists that the men
00:58:54
never went out on the balcony. After about two minutes of the argument, uh, we heard one lone male voice uh,
00:59:02
repeatedly say, "Good night. Good night." Like they were ushering someone out of the room. I looked out and saw
00:59:09
three male individuals walking away from the room. >> Three males walking away. Then where was
00:59:16
the fourth man? Diane insists all four men left together. >> Rusty is a pretty wide type of young
00:59:25
man. I believe that the witness just failed to observe the fourth one. >> What Cleat Heyman hears next would
00:59:32
become the subject of endless speculation. Was George alone in the room? >> At this point, we heard just a lone male
00:59:41
voice in the room. We heard what sounded like the cupboard doors being uh closed
00:59:46
uh loudly uh and also sounded like furniture being moved. Greg and Pat Lawyer in the cabin on the other side of
00:59:54
the Smiths hear something similar. >> There was uh what I call trashing of the room sounds. I thought somebody was
01:00:01
throwing furniture around either either mad or having a good time. So we dismissed it at that at that point.
01:00:07
>> After about 2 minutes of total silence, however, there was a large what I would
01:00:11
call a horrific thud. That thud is believed to be the sound of George Smith hitting the metal canopy at
01:00:19
around 4:30 a.m. About that same time, Jennifer is found passed out in a hallway. As for the men, they say they
01:00:29
were all back in their cabin ordering a lion's share of room service. >> Yeah, room service. We ordered room
01:00:36
service. >> They were definitely in their own cabin in Zach's and Rusty's cabin ordering
01:00:40
food at that time. But as it would turn out, the young men's alibi would be called into question.
01:00:47
>> Doesn't hold up at all. As the details surrounding George Smith's disappearance emerged, so had
01:01:06
speculation about his bride, Jennifer. >> Was George murdered? Was Jennifer somehow involved?
01:01:13
>> The widow went on Oprah to defend herself. >> Not only to lose your memory, but then
01:01:17
to have nobody believe you. I don't know what happened. >> And Jennifer wasn't the only one in the
01:01:23
spotlight. >> What about the Ruskies in this story? The Russians. What are these three guys
01:01:28
hanging around a honeymoon couple? I mean, obviously. >> Did he fall overboard? Was he pushed
01:01:32
overboard? They found this big blood stain. >> It's a CSI story that keeps unfolding by
01:01:36
the day. The FBI would begin an investigation that would span 9 and a half years. At
01:01:44
the time, the ship's captain described it as a likely accident, theorizing that an intoxicated George sat on the railing
01:01:52
and simply fell off. The Smiths never bought the accident theory. >> The blood is compelling evidence. There
01:02:04
was blood in the room. Photographs taken by Royal Caribbean inside the Smith cabin revealed two small lines of blood
01:02:13
on the bed sheets. The Smiths say it was George's blood and another sign pointing
01:02:20
to foul play. >> In addition to the blood, there were sounds of a a fight, a struggle inside
01:02:26
my brother's room. The Smiths hoped that getting access to Royal Caribbean's investigative case
01:02:33
files would provide some answers. >> So that shows the room >> and they brought on attorney Mike Jones
01:02:39
to help them. >> Then you got the blood spot. What it's not about is an accident. And what it's
01:02:44
not about is a suicide. It's about a murder. >> Jones immediately got to work setting
01:02:49
his sights on the ship's documents and the four men last seen with George. I took Josh Asin's deposition first.
01:02:58
>> Do you know if George Smith was murdered? >> Invoke my fifth amendment right.
01:03:01
>> Do you know who killed George Smith? >> Invoke my fifth amendment right. >> That's a yes or no answer.
01:03:07
>> Josh Asin took the fifth. >> I invoke my fifth amendment right >> on everything.
01:03:11
>> My fifth amendment right. My fifth amendment right. My fifth amendment right.
01:03:14
>> In late June of 2005. Did you go on a Royal Caribbean cruise with your family?
01:03:18
>> I broke my fifth amendment right. >> I had him take the fifth as to his date of birth, his name. Attorney Keith Greer
01:03:25
represents Josh Asin. >> And so I told him, "The only way we're going to do this, Josh, is if every
01:03:30
single question you're asked, you plead the fifth." >> Greer says that Josh has always been
01:03:36
cooperative, speaking freely to everyone. But there came a point when he had to shut him down because the feds
01:03:44
were getting aggressive. And they have told us that if Josh ever says anything that is different than what he said
01:03:53
before in the grand jury, anything, they will fly him back to Connecticut on perjury charges. I couldn't have that
01:04:00
happen. >> Attorney Albert Diane says Rusty Kaufman got the same treatment and has stopped
01:04:05
cooperating with the FBI. >> And the more he wanted to speak with them, the more he wanted to tell him
01:04:10
what happened, the more they accused him of foul play. >> You know the truth? >> I do. During his deposition, Rusty
01:04:16
Kaufman didn't plead the fifth, but his memory on a lot of things seemed a bit rusty.
01:04:23
>> When you say we put him to bed, who put him in the bed? >> I don't have a recollection of that
01:04:29
right now. >> Josh said that he was he actually used the bathroom at that point. Do you
01:04:34
remember that? >> I don't have a recollection of that. >> Okay. >> Morning, Zachary. My name is Michael
01:04:39
Jones. Zachary Rosenberg also invoked his right against self-inccrimination. >> Was there any commotion in the room?
01:04:46
>> I'd like to invoke my fifth amendment right. >> The only one who appeared forthcoming
01:04:50
was Greg Rosenberg. In 2010, Mike Jones found him in a Florida prison. >> Why are you here in prison?
01:04:58
>> Trafficking. >> Greg was serving three years for trafficking in Oxycodone. He says to
01:05:05
support his expensive taste. clothes. I'm a fanatic for clothes, jewelry, watches.
01:05:11
>> That's why I'm in here, man. >> But murder is a different deal. >> Murder's a different deal, man. I ain't
01:05:15
I don't have it in my heart to kill nobody, man. >> Did you have anything to do with
01:05:18
George's dad? >> No. Never did. Never will. Never thought about it. No. >> Greg brought up that room service party.
01:05:26
>> All right. What'd you eat? >> Tuna fish sandwiches. I know that we had like tuna fish sandwiches and
01:05:32
I think cheeseburgers. I know we had something that that fast food type. We were infatuated with the fact that we
01:05:37
could order whatever we want. >> They ordered so much food and they couldn't have killed George because they
01:05:41
were in the room eating the room service. I mean, it's a nice story, but it doesn't work.
01:05:46
>> In 2010, Mike Jones finally got his hands on those Royal Caribbean internal documents.
01:05:53
>> The room service party is pretty much blown by the information we got from Royal Korean. I mean, that's a big fact.
01:06:01
The ship's records show that although several short calls were made from Zach and Rusty's cabin to room service after
01:06:08
4:13 a.m., there is no record of any order of any kind. >> The handwritten records show that the
01:06:18
room service was never delivered. >> Was it human air? They didn't write it down. Keith Greer insists the room
01:06:23
service party did take place, but it was never really an alibi to begin with since the food would have been delivered
01:06:32
after George went missing. >> The food service itself doesn't prove that they were in a certain place at the
01:06:40
time George went over because George goes over about 4:20 in the morning. So, at that point in time, really the only
01:06:46
alibi they have is each other. If the ship's records raise some questions about where the men say they were that
01:06:54
night, they also cast doubt on where they implied Jennifer was. Remember the casino manager the guys said she left
01:07:03
with at the disco? >> She was with another man. >> The casino manager, Lloyd, >> and that didn't happen. That just didn't
01:07:12
happen. Other witnesses say Lloyd did not leave with Jennifer and key records show that he entered his girlfriend's
01:07:20
cabin at 3:25 a.m. while the Smiths were still in the disco and he had gone to his girlfriend's room and she was able
01:07:28
to corroborate that. So I think Lloyd became the victim of this attempt by the Russians and by Josh Asin to deflect
01:07:36
attention from themselves. As for Jennifer, several witnesses saw her leave the disco alone and unsteady at
01:07:45
3:30 a.m. There are some witnesses from the cruise ship, cruise ship employees that actually escorted her uh onto the
01:07:53
elevator and tried to help her get off the elevator on her floor >> before she ended up going the wrong way
01:07:58
on on deck 9. An hour later, Jennifer was found passed out in that hallway around the time
01:08:06
George went overboard. Lloyd Boa and Jennifer both passed FBI polygraphs. >> People that the Russians and Josh were
01:08:15
pointing fingers at both came through. They very cleanly on their polygraphs. >> The four men are still on the FBI's
01:08:23
radar. And the discovery of a homemade videotape only raises more suspicion. It's ridiculously provocative.
01:08:40
>> Unfortunately, obviously, after 8 years, this has become pretty much a cold case.
01:08:46
>> For the last few years, Mike Jones has been trying to reignite a case he believes has gone cold in the
01:08:53
Connecticut FBI office. If you talk to the FBI, they'll say it's active and open, but um I I don't really believe
01:09:01
that. >> And Jones also doesn't believe the account of the four young men last seen
01:09:07
with George Smith. >> When you left George in his bed, all you guys left? No one stayed.
01:09:12
>> Nobody stayed behind. We all left. >> There's a lot of evidence to suggest that that it was not as simple as as the
01:09:18
Russian men and as Josh have said. You look at the behavior of these young men. They're not good boys or good
01:09:24
Samaritans. Royal Caribbean documents show complaints were made against some of the men for smoking, sneaking liquor,
01:09:32
and verbally abusing ship employees. >> They were dropping fbombs on the room service people.
01:09:39
>> And 2 days after George Smith went overboard, an 18-year-old passenger came forward with a major allegation of
01:09:47
sexual assault. She stated that she was in one of the Russians rooms and that there was group sex with her with some
01:09:56
of the Russians. >> In the woman's statement, she says she was completely intoxicated and in
01:10:02
between blackouts remembers having nonconsentual sex with Greg Rosenberg, Rusty Kaufman, and Jeffrey Rosenberg,
01:10:12
Zack Rosenberg's younger brother. >> And they actually videotaped the group sex. And the fact that they videotaped
01:10:19
themselves doing this, I mean, who does that? >> Rusty's lawyer says the sex was
01:10:25
consensual. >> That whole escapade was noncriminal in nature. Uh, the tape itself revealed
01:10:31
that >> Josh's lawyer, Keith Greer, says Josh did not have sex with the young woman,
01:10:36
but he was there. >> Josh walks into the room and there's one of the Russian boys having sex on the
01:10:42
bed with the girl and another one of the boys filming it. And Josh was concerned.
01:10:48
It became clear to him very quickly that the boys weren't taking advantage of her. The girl was taking advantage of
01:10:56
the boys. >> Before he left CBS News to rejoin the New York City Police Department, John
01:11:03
Miller investigated the case for 48 hours. People who have seen that videotape have told me
01:11:10
>> that the person holding the camera is doing kind of a narration and asking her
01:11:15
questions and she's responding to them. But as this continues, she's crying. >> I haven't heard anything about any
01:11:22
crying from anyone. >> Royal Caribbean had had enough and rounded up all of the young men and
01:11:30
their families for a tense meeting with the ship's lawyer. Josh Haskins's father was again
01:11:39
recording. >> The FBI has asked us to detain your sons. We're going to have to ask you to
01:11:44
put your have your sons go to their cabins and they're going to have to remain there.
01:11:49
>> The group angrily denied the allegations. >> They're ready for the lawsuit. >> Quiet.
01:11:59
Everything is lie. The four men and their families were then removed from the ship in Naples, where Italian police
01:12:07
looked into the rape allegation and washed their hands of it, saying they had no jurisdiction. No one has ever
01:12:15
been charged in the sexual incident. And lawyers for the men believe the tape saved them,
01:12:21
>> but for that tape, they could have been charged for something that uh they did
01:12:25
not commit. >> But that tape may come back to haunt them. The tape in the FBI's possession
01:12:31
contained something else. A lunch meeting filmed by the Russian Americans just hours after George went overboard.
01:12:40
Josh Asin was not present. >> They pass a video camera around filming themselves commenting about George's
01:12:48
death in a very callous way. And they're laughing and joking very callously about
01:12:53
him being wealthy. And certainly the way they were talking, they either knew or they had a pretty good sense of what had
01:12:59
happened. >> A source close to the investigation has told CBS News that on the tape, one of
01:13:05
the men, Rusty Kaufman, refers to George going parachute riding off his balcony.
01:13:11
It is not an admission, but it is at the very least provocative. And there's more. The really sort of
01:13:19
incriminating statement is one of them stands up at the end of the tape and sort of hunches his shoulders and
01:13:24
flashes gang signs and says, "Told you I was gangster." And that's in the context
01:13:29
of the discussion about George's death. Almost as if he's bragging about having done something to George.
01:13:35
>> Jones says that young man was Greg Rosenberg. I just don't understand how the FBI could have had this tape in
01:13:43
their possession and still we sit here, get the guys in there, question them. Lawyers for Zack Rosenberg and Rusty
01:13:51
Kaufman declined to comment on the video. In the spring of 2013, John Miller tried to see if Rusty himself
01:14:00
could provide any more answers. There's a statement made on videotape where you say
01:14:08
George went parachute riding off his balcony. I have no comment. Please, please contact my lawyer and then we can
01:14:15
arrange a time to speak. >> Greg Rosenberg's lawyer says Greg didn't know George was dead at that point and
01:14:23
that his client was just making a stupid comment. >> I don't think they're kidding around.
01:14:29
That's just not something you would just come out and say you're kidding around because if you didn't do it, why would
01:14:33
you be saying it? >> But if George was murdered, the question has always been why. Mike Jones believes
01:14:40
there is finally enough evidence to piece it all together. >> The first thing you look at is motive.
01:14:46
Okay, George and Jennifer dressed well. George had a very expensive Brightling watch. They sort of flashed the money at
01:14:52
the in the casino. What's more, witnesses heard George and Jennifer saying they had thousands of dollars in
01:14:59
their cabin. >> And this got around because there were other passengers not within the circle
01:15:04
of the Russians and Josh who heard the rumors about the money in the cabin. We don't believe it was true, but
01:15:09
perception is everything. >> Jones believes that perception fueled a robbery attempt, one that was hatched
01:15:16
when they put George to bed and Josh had gone into the bathroom. The theory would
01:15:22
be that they were arguing about whether or not one of them or or two of them should stay behind and see if they could
01:15:27
find the money and take the watch because George was in no position to argue or to put up a fight.
01:15:33
>> That arguing Mike believes is what Cleat Heyman heard on the balcony. Jones also
01:15:39
believes his theory fits with what Heyman saw just three men leaving >> and one of them stays behind, starts to
01:15:47
rifle through the drawers and the cabinets. He has a possible explanation for the blood stain.
01:15:53
>> The blood is on the sheets. The blood is in two sort of centimeter long splashes
01:15:59
and almost looks like if you were taking off a watch and you pinched your skin, it would be compatible with the the
01:16:06
blood splatter that was on the bed. While they're doing that, George wakes up, says, "What are you doing?" Fight
01:16:11
ensues, which is consistent with the noises that people on both sides of the cabin heard. And George goes overboard.
01:16:18
Other people hear the loud thud. >> Josh Asin's lawyer, Keith Greer, argues that is all nothing more than
01:16:25
speculation. >> Even Cleat Heyman, he even said that he did not hear the sounds that you would
01:16:30
expect if there was a fight. You know, you dirty so and so, the smacking, the the kicking and stumbling and yelling of
01:16:37
two guys going at each other in a in a fist fight. I just don't think it makes sense.
01:16:42
Greer thinks that there's a simpler explanation for all that took place aboard the brilliance of the seas. The
01:16:49
sex assault claim and George going overboard. >> I don't know why everybody's missing the
01:16:55
theme here cuz there's one common element and it's too much alcohol and we can go and you know blame it on murder
01:17:04
and blame it on aggressive sexual behavior here. You know what? It's just everybody drinking too much and stupid
01:17:10
stuff happening. That fits. >> But does it fit with what Josh Asin was heard saying on an elevator?
01:17:24
Mike Jones is a persistent man and he believes his persistence will one day pay off.
01:17:32
>> It's just a question of pulling together enough evidence to get an indictment and
01:17:37
a conviction. Jones and the Smiths maintain the key to solving the case lies in California.
01:17:45
>> Our theory is that Josh Asian knows what happened, but we don't believe that Josh
01:17:49
was involved in the actual, you know, tossing of George overboard. >> To support his theory, Jones is pointing
01:17:55
to an intriguing clue uncovered by Royal Caribbean. A ship employee overheard Josh Asin speaking to a friend on an
01:18:05
elevator. He said, "I know more than they think I know. Those almost got me arrested in Turkey."
01:18:11
>> Keith Greer argues the comments were taken out of context and Josh has nothing to hide.
01:18:18
>> Do you think that Josh Asin has told you everything he knows? >> Absolutely. No doubt.
01:18:27
>> But Greer admits the FBI told Josh he failed a polygraph. Greer questions the
01:18:32
test and the result. I think it's another rubber hose ploy, you know, where just to freak Josh out and upset
01:18:40
him more. I think it was just the psychological war that they were waging on him and his family or they didn't
01:18:46
take the time to do it right. One or the other. >> Sources tell CBS News Rusty Kaufman also
01:18:52
was tested and he too failed. >> Yes, ma'am. >> Greg Rosenberg was administered a
01:18:59
private polygraph test. >> I took a polygraph. >> You did take one? >> Yeah. It was inconclusive because I'm
01:19:04
I'm ADHD. As you could tell, I like to move a lot. It was inconclusive. There ain't no lies that I need to tell.
01:19:11
>> Generally, it's much easier to tell the actual lie on your own. >> 48 Hours decided to bring in Phil
01:19:17
Houston, a former CIA case officer who for more than two decades specialized in detecting deception. We asked him to
01:19:27
take a closer look at those depositions. Is there anybody of the group that particularly jumps out?
01:19:34
>> That's the honest truth. >> Greg stands out above and beyond everyone. There was just a ton of
01:19:39
deceptive behaviors. >> You can't judge a book by its cover. >> In Houston's opinion, it's not what Greg
01:19:44
Rosenberg says that seems deceptive. >> It is often what he doesn't say. >> What we should hear and see his focus on
01:19:54
is I didn't do it. It wasn't me. You got the wrong guy. Instead, we don't. Where
01:19:59
we hear his focus so many times are reasons why he wouldn't do this. >> But in no way, shape, or form would I
01:20:06
ever do anything like that to an individuals? No reason. That's not me. >> And it appears some questions are more
01:20:13
difficult for Greg than others. >> Did they find anything in either room that that was connected to George's
01:20:20
disappearance? >> He hesitates. He's clearly thinking. The question has thrown him for a loop. It's
01:20:28
almost what could they have found that that would have connected someone to the disappearance.
01:20:35
>> No. Okay. No. >> Did they not? >> And then it's like as he thinks through it, he realizes, I've got to answer the
01:20:41
question. So he goes, well, >> no. No. >> So he's thinking about something that is
01:20:46
not going to come out in his answer. >> That's correct. That's correct. Something he's not sharing. But Greg
01:20:52
doesn't hold back on the one thing the Smiths would agree with. He says George's death was no accident.
01:21:00
>> George Allen Smith did not disappear or kill himself or hurt himself or or slip
01:21:05
and fall of Bo at 6'4 or however tall he is and just dive off. I I know that didn't happen. Something crazy went down
01:21:12
that night and I hope one day that they find out the truth. In the years following George's death,
01:21:19
Jennifer has remarried and tried to move on. But for the Smiths, it's not so easy. In 2014, they announced they are
01:21:29
offering a reward, $100,000 for information that leads directly to the arrest and conviction of whoever is
01:21:39
responsible. We're hoping with this $100,000 reward, this might just be the thing that we need to get the arrest, to
01:21:47
get the convictions. >> Until the day this case is solved, the Smiths vow not to let George's memory
01:21:55
die on that ship. >> That's right. There you go, Georgie. >> We'll get justice. >> We'll get justice
01:22:07
>> somehow. Somehow we'll get justice for George. Somebody will talk. And shame on them that don't.
01:22:19
Shame on the people that have put us through this hell. [Music] [Laughter] [Music]
01:22:32
On January 9th, 2015, the Smith family suffered yet another blow. The FBI announced they were officially closing
01:22:41
the case on George Smith. >> FBI has determined that there is not sufficient evidence to continue the
01:22:48
investigation. >> When we were called in for the meeting that finally closed the case down, it
01:22:54
was it was just devastating to my family. >> How do you collect 97,000 pages of an investigation to determine
01:23:03
after almost 10 years that an accident may have occurred? Still, the family stands by that $100,000 reward, and they
01:23:12
still believe it was murder. The money that was going to be left to George, we thought that uh
01:23:27
since he wasn't going to be here to uh get that money, somebody else could use it to help our family.
01:23:35
We're hoping to generate more leads with the reward and um we're hoping the FBI will reopen the investigation,
01:23:44
>> but the toll is great. >> I never expected to be 67 and still sitting here uh trying to get answers
01:23:53
from my son. It's it's sad. We should be on with our life, but we're not. >> They could say there's no conclusive
01:24:02
evidence. They could shut down the investigation, but they're not going to shut down me. And I'm going to continue
01:24:06
until there is answers and justice for George. [Music] We were a bunch of women who came from
01:24:53
all over the world to Seoul in 1988 to teach English. Korea was transforming and opening up
01:25:01
its doors to the West. The 1988 Olympics really represented South Korea debut on the world stage.
01:25:12
We were helping teach English to Koreans so that they were prepared for the new world coming into their peninsula.
01:25:20
[Music] It was an interesting time. It was a dangerous time. [Music] There was Sandra. She took me under her
01:25:34
wing and we definitely bonded. Kathy Patrick, she was the head teacher, kind of our boss.
01:25:43
I was definitely a party girl. And then there was Carolyn Ael. She was sparkly. She was beautiful. Really
01:25:54
funny. She had a wicked sense of humor. >> My sister Carolyn was an adventure. People did notice her. She was vibrant.
01:26:05
She attracted people's attention. She had become friends with all of us, but particularly with Kathy. They were
01:26:12
like sisters. Life that year was great. We had so much fun. We worked hard. We played hard. We
01:26:21
partied at night. Everything was going so well. [Music] All our fun came to a sudden crashing
01:26:31
halt when one of us, Carolyn Ael, was murdered. >> It was absolutely horrible, brutal,
01:26:40
violent. There are multiple stab wounds. I can't even begin to describe what that
01:26:48
loss has been like. Somebody had detonated a nuclear bomb in the middle of the family.
01:26:56
So, whoever killed Carolyn is still out there. We're at Newark airport about to head
01:27:05
overseas to try to find some answers. What happened to this woman? >> Carolyn Ael.
01:27:16
And where did Carolyn live? >> Caroline lived over there. Um, >> out in this direction here.
01:27:20
>> Out in this direction. [Music] >> I've been asking questions for 30 years. >> What happened the night that Carolyn was
01:27:31
killed? >> Everybody loved Carolyn. >> Who was in the room? who put the knife in?
01:27:44
>> Why should anybody be able to get away with murdering somebody and never face charges?
01:27:56
[Music] More than 30 years later, our investigation has brought us here to a university in Bellingham, Washington,
01:28:04
where Carolyn Abel's alleged killer works. We just got word. We're going to make our move now. Okay, this is the
01:28:13
building. >> We were so sure the enemy was on the outside. It never occurred to any of us
01:28:23
that the killer was among us. [Music] [Music] [Music] 48 hours out of reach. Reported by Peter
01:28:50
Vans. For writer and author Nancy Burkhaw, flying to South Korea in the winter of
01:29:03
2018 reopened a painful chapter in her life, one of murder, loss, and fear. >> Not only were we devastated about the
01:29:13
loss of Carolyn. We of course wondered who's next. [Music] back in Soul. Where should be our first
01:29:33
stop? >> Well, I think we should go to the school to ELS where we all taught. >> ELS is the English language school.
01:29:42
>> This is the neighborhood >> where Nancy met fellow teacher Carolyn Ael back in 1988.
01:29:49
This is the school and the world was never the same for any of us who were in that building together on December 20th.
01:29:57
>> The events of that day have haunted Carolyn Abel's family for more than 30 years.
01:30:04
>> And the damage that's been done was just so devastating. >> Wanda Ael remembers her younger sister
01:30:12
Carolyn as the center of attention from an early age. This is our very first passport photo. Carolyn is on the right.
01:30:20
>> This is a passport picture with three people in it. >> Yeah. She was the youngest and the
01:30:25
cutest and the baby of the family. >> The youngest daughter of professors Dr. Francis and Evelyn Ael. Carolyn had a
01:30:33
love of photography and a wander lust that took her around the world. >> My mother said in retrospect, it was
01:30:41
almost like she knew she didn't have a lot of time. She wanted to do as much as she could in the time she had and not
01:30:47
waste a second. >> By the time she graduated from college, Carolyn had already lived in Pakistan,
01:30:55
East Asia, Germany, and France. >> She would get restless. She didn't like being just in one place for too long.
01:31:03
>> That restlessness compelled Carolyn to join the Peace Corps after college, serving in Nepal, where she taught
01:31:11
English. In 1987, Carolyn took another teaching job in Japan where she met this man, Tomoyuki Ayagaki, a customs agent.
01:31:23
>> She's always cheerful. >> Did she make you laugh? >> Yes, she's funny. >> Carolyn and Tommoyuki began a
01:31:31
relationship that very quickly became serious. >> Did you fall in love with Carolyn?
01:31:38
>> Oh, yes. >> Tomoyuki did propose to Carolyn. And what was her answer? Do you know?
01:31:43
>> Carolyn was trying to decide whether she would be happy being married and staying
01:31:49
in Japan. >> While contemplating a future life with Tomoyuki, Carolyn received an offer for
01:31:55
another job 330 m away and across the Sea of Japan. [Music] And in the fall of 1988, Carolyn set out
01:32:07
on her next great adventure in life, teaching English here in Soul, South Korea.
01:32:18
>> And from the minute she walked into the staff room, she was just breath of fresh
01:32:23
air. She sort of looked a little bit like Farah Faucet. That's where Carolyn quickly fell in with Nancy Burkhaw and
01:32:30
the other American teachers at school like Sandra Ames who requested that we alter her current appearance for this
01:32:38
interview. >> She was making her students laugh and sing and and have fun learning English
01:32:45
>> and Tamara Do. >> She made friends with everybody. She was very very friendly.
01:32:50
>> So this is Kathy. Carolyn also hit it off with the head teacher at the school,
01:32:56
Kathy Patrick. >> Carolyn and Kathy Patrick were extremely good friends. They were considered, if I
01:33:03
can use a modern term, besties. >> The women taught, traveled, and partied together.
01:33:12
>> Expat life in Seoul in the late 80s was wild. and one place where our worlds collided and that was Eetwan, the red
01:33:22
light district. >> This is where Kathy and Sandra and Carolyn and Tamara and I would come.
01:33:29
>> So what we did is we danced and drank like crazy people. On the weekend of December 17th, 1988,
01:33:38
just 3 days before the murder, Sandra, Cathy, Carolyn, and some Korean students took a trip into the mountains. Carolyn
01:33:47
took these pictures. >> We spent the time looking at temples and hiking and then partying in the evenings.
01:34:00
>> Classes were winding down for the winter break. Tomoyuki was getting ready to fly
01:34:04
to Seoul, hoping to get an answer to his marriage proposal. On Tuesday, December
01:34:11
20th, Carolyn never made it to work. And a lot of us missed work on occasion for
01:34:17
various reasons. >> I was not at that point concerned, but Kathy was concerned about Carolyn
01:34:24
because she couldn't get her on the phone. >> Kathy was asking all of us, had any of
01:34:28
us heard from Carolyn? No. >> Kathy was very upset, convinced that something had happened to Carolyn.
01:34:37
>> And I said, "Well, maybe we should go over there." At that point, some of our students
01:34:44
drove us to Carolyn's apartment. We went into the apartment and Kathy discovered the body.
01:34:56
She was murdered brutally and horribly and in a way that she did not deserve. And we were just all in shock just
01:35:03
trying to figure out what happened. [Music] I think we all just felt like, what the
01:35:12
hell's going to happen now? Are we in danger? How will Sandra and Kathy ever recover
01:35:20
from the shock of seeing their dead friend? Where do we go from here? [Music] Carolyn's apartment was on the 15th
01:35:52
floor. [Music] So, here we are. [Music] I'm Peter Ben and I'm a reporter for CBS
01:36:14
News and we are working on a story about a woman named Carolyn who used to live in your apartment and we came by to ask
01:36:23
you if if we may have permission to come into your apartment to take some video pictures.
01:36:33
>> Early in the afternoon on December 20th, 1988, colleagues and students of Carolyn
01:36:39
Abless came to this apartment building after she failed to show up for work. Kathy, Sandra, and three Korean men
01:36:50
walked down this hallway. Surprisingly, the door was unlocked and they went inside.
01:36:57
Who was the first person into the apartment? >> Kathy. She went did a beline right to
01:37:02
the bedroom. Kathy came out of the room and said, "Caroline's dead. We need to call an ambulance. No, we need to call
01:37:10
the cops." And she didn't want me to go look at the body. >> So, we have our shoes off
01:37:18
and we're ready to check out the murder scene. This is the room where Carolyn Abel left
01:37:24
this world and she put up a fight in her last minutes of life. She had a number of defensive wounds and she took the
01:37:32
brunt of it. More than 30 stab wounds including a cut from ear to ear on on the throat and there was blood
01:37:38
everywhere in here on the walls on the bed. It was a mess. Korean police and press swarmed the
01:37:47
apartment which had been ransacked and within hours. The murder led the national news in
01:37:56
South Korea >> and I remember watching the news and the cameras panning around the room and they
01:38:03
kept going in on this teddy bear and it was really horrible. The impact of seeing her body wheeled
01:38:12
out in a body bag really made it quite real. It wasn't a dream. It became the nightmare that it really
01:38:22
still is to this day. How did you get the news of what had happened to your sister?
01:38:31
>> I was at home and my mother called me. She told me that Carolyn had been murdered and I just I screamed.
01:38:41
We were just crying trying to figure out. I mean, how could this happen? Who would
01:38:46
want to do this to her? Everybody loved Carolyn. Why? >> With the killer still out there,
01:38:54
Carolyn's friends wondered, could they be next? [Music] We were all certain that perhaps a
01:39:03
Korean had probably killed her. If a Korean hated an American this much, was he coming after the rest of us?
01:39:13
>> The shocked friends turned their attention to Kathy and Sandra, who had discovered Caroline's body?
01:39:20
>> They seemed horrified. I was so concerned about them. >> They were hysterical.
01:39:25
It seemed as if they were having a nervous breakdown. Days later, Kathy Patrick led a memorial
01:39:33
service for Carolyn. >> I think it was quite moving. >> Even now thinking about it, you tear up
01:39:41
a bit. >> Kathy also wrote Carolyn's parents. Wanda still has that letter. >> Please know that I love Carolyn as a
01:39:52
sister and a dear friend. My roommate and I are the two people who found Carolyn in her apartment. Let me know if
01:39:59
I can tell you anything. >> In Japan, Tommoyuki learned the love of his life was gone,
01:40:09
but he decided to make his trip to South Korea anyway. He stayed with Kathy and Sandra.
01:40:17
Even today, after all these years, 30 years, this still gets to you, doesn't it?
01:40:25
>> Yeah. Sorry. >> In Seoul, rumors were swirling and South Korean police cast a wide net.
01:40:39
We were all suspects. Every single teacher on the staff was interviewed. You know, the Korean police were in our
01:40:47
faces just like, "Where were you? How did you know? Caroline, what's your story? Why are you here? Why did you
01:40:52
come to our country? Are you secretly FBI?" We just kept thinking, why are you asking me this? Get out there and find
01:40:58
the real killer. >> Then Nancy took a phone call in the teachers lounge that moved the
01:41:08
investigation in a whole new direction. >> Sounded like a Korean woman. And then
01:41:14
very quickly she said, "I know who killed Carolyn." I said, "What?" She said, "An American military officer."
01:41:23
Nancy told the South Korean police who brought in detectives from the US Army. >> And very quickly thereafter, John
01:41:31
Boatight walked in. >> John Boatright was a legendary chief of detectives for the Army's criminal
01:41:38
investigation division in South Korea. He quickly eliminated the US military officer who was pegged as a suspect by
01:41:47
his ex-girlfriend. He did not know Carolyn Ael and it appeared that she was just trying to get revenge on him for
01:41:55
the bad breakup. >> 3 weeks after the murder, an autopsy revealed the cause of death, a stab
01:42:02
wound to her right lung. The report also confirmed her throat was cut. >> In my opinion, her throat was cut after
01:42:12
she was deceased. after. How unusual is that based on your experience? >> Very unusual.
01:42:20
>> So, what did happen at Carolyn's apartment? >> And I was convinced that whoever did
01:42:26
this probably knew Carolyn. >> Why? >> Because there was no signs for entry into the apartment. It appeared that
01:42:33
whoever was in that apartment knew her. >> There were two coffee cups found in the
01:42:41
room. If there's a break-in, generally a criminal would not say, "Hey, let's let's have a cup of coffee before I
01:42:47
ransack your place and and attack you." >> That certainly would not be normal. >> Like his South Korean counterparts, Boat
01:42:55
Wright decided to question Carolyn's colleagues who told him, >> "You really should look at the two girls
01:43:02
who found the body. >> Those two women, Sandra Ames and Kathy Patrick. [Music] We assumed that a Korean had probably
01:43:14
killed her. But little did we know that the enemy was inside that staff room with us.
01:43:26
[Music] [Music] Just weeks after Carolyn Abel's murder, the investigation by John Boatright was
01:43:46
focusing on the two friends who had discovered her body. Roommates Kathy Patrick and Sandra Ames.
01:43:55
>> And do you get a chance to question each of them? >> No. Kathy Patrick had already gotten on
01:44:00
a plane and left Korea. We had encouraged her to go. She must have lost 15 pounds.
01:44:10
She just looked like someone who was about to break. >> Kathy returned home to Washington State,
01:44:16
but Sandra was still in soul. >> I took a statement from her and then I asked her, "Uh, did you kill Carol?"
01:44:27
And she just sort of sat there and stared at me. She's just staring at you. >> That's correct. After about 30 seconds,
01:44:35
she was very quiet, but she said, "No, that was just just not normal." >> Sandra maintains she had nothing to
01:44:44
hide. So, 2 months after the murder, she waved her right to an attorney and agreed to take a lie detector test.
01:44:54
>> I remember being hooked up to all the wires in a darkened room. He asked her, "Do you
01:45:01
know where the murder weapon is?" And she said, "No." And she really peakedked out on that,
01:45:10
indicating that she was not being truthful. >> I said, "I'm not lying. I'm telling the
01:45:18
truth." So, we took it again with the same results. And at that point, I said, "Let
01:45:26
me tell you about this picture in my head." The picture was a dark shape on a bed
01:45:34
covered in a quilt that I knew was a body. Sandra described that picture in her head as a fragmented memory of that
01:45:43
night. As Boatright asked her for more details, she told a new story. It was nothing short of a bombshell. The story
01:45:53
began with being in bed and having Kathy at the door of my room and coming in and
01:46:00
saying, "I think I killed Carolyn." "What with?" I asked. And she said, "A knife." "Where is it?" I asked. "In the
01:46:12
kitchen sink." Sandra said she was in disbelief and asked Cathy to take her to Caroline's
01:46:19
apartment where she saw her friend's brutalized body on the bed covered in blood.
01:46:25
>> To the best of my recollection, we sat in the living room at Carolyn's apartment and she convinced me,
01:46:35
manipulated me to help her make it look like a robbery. though she didn't mention it when we
01:46:46
spoke with her. Boatright says that during their interview, Sandra made another statement about her own actions
01:46:54
that night after she walked in and saw Carolyn's body. >> She says, "I touched her arm
01:47:02
and it was warm." And at that point, I realized that she may be still alive and that she might testify against Kathy.
01:47:12
And so I went to the kitchen, got a knife, and came back and I cut her throat to make sure she was dead.
01:47:20
>> Remember, Boatright believed that wound was inflicted after Carolyn was already
01:47:25
dead from the stab wound to the lung. So, what Sandra is telling you is actually forensically
01:47:33
matching up what was done to Carolyn's body. >> Absolutely. >> But Sandra's story quickly changed. In
01:47:40
these official statements, Sandra wrote that Kathy had admitted to cutting Carolyn's throat. And today, Sandra
01:47:47
claims that the only reason she made that admission was due to false memories implanted by investigators. But she
01:47:55
doesn't deny going to the crime scene or handling the murder weapon. >> You did tell authorities at the time
01:48:02
that you cleaned a bloody knife. >> I did. I did. And that was because I remembered putting the clean knife
01:48:11
into the dish rack. Kathy had said that that was the knife she had used to kill Carolyn.
01:48:17
It may seem far-fetched, but Sandra claims those memories had been suppressed deep in her subconscious mind
01:48:25
until the interview with Boatright. >> So, are you telling me the truth? >> Yes. Yes.
01:48:31
>> Because some of these lapses in memory are kind of convenient. >> Oh, they're very convenient. But no,
01:48:36
this is the truth as I lived it. Though Sandra's story was bizarre to say the least,
01:48:45
investigators believed the core details, which never changed, that Kathy woke her
01:48:50
up and confessed to killing Carolyn, and the two of them staged it to look like robbery, and the evidence they collected
01:48:59
appeared to back that up. each time that she was interviewed later, she kept changing the facts to to limit her
01:49:06
involvement in the murder, but she never denied that uh Kathy did the murder, and
01:49:12
she never denied that she was present uh just after the murder. >> Who do you believe
01:49:20
held the knife and murdered Carolyn Ael? >> Kathy Patrick. After her confession, Sandra Ames was
01:49:32
kept in house arrest here in Seoul. 5 months later, in July of 1989, she pleaded guilty to harboring a criminal
01:49:41
and suppressing evidence. >> I was fingerprinted, photographed, and put into a holding cell.
01:49:47
>> But why would Kathy want Carolyn dead? Investigators uncovered a secret which
01:49:54
provided a potential motive. Kathy really fell for Carolyn. >> Tamara Do was one of the few teachers
01:50:02
who knew Kathy was gay. >> And she would confide in me, you know, I really like this woman. I think she's
01:50:08
into me. And and I'm like, Kathy, I don't really think she's gay. You should really be careful. Kathy told me that
01:50:16
she was in love with Carolyn and that her feelings were not necessarily returned.
01:50:24
I believe that Kathy and Carolyn were alone uh during that initial attack. The thing that makes most sense to me is
01:50:34
Kathy tried to kiss Carolyn and Carolyn pushed her away and rejected that kiss. I think Kathy was so enraged and angry
01:50:44
that she lost control. >> Kathy Patrick was now the prime suspect in Carolyn Abel's murder. A murder
01:50:52
warrant for her arrest was issued in South Korea. Back in Japan, Carolyn's boyfriend,
01:50:59
Tommoyuki, heard the news. You stayed with Kathy at her apartment. Yes. For her part in the alleged crimes,
01:51:22
Sandra was sentenced to one year in prison. Meanwhile, Kathy Patrick was back at
01:51:30
home in Washington State. The South Korean government made diplomatic requests to return her to
01:51:38
Seoul from the US to face a murder charge, but hit a wall. There was no extradition treaty with Korea at the
01:51:45
time. >> When she left, they couldn't get her back there. >> Why couldn't we see through Kathy and
01:51:53
Sandra? It's just unreal, you know? So, in in one fell swoop, you learn that your friends are involved in this crime
01:52:02
and that the one who might have been the killer is free because of this loophole in
01:52:08
American law. In the States, Carolyn's family pushed for an arrest. >> The US attorney in Washington State
01:52:18
said, "No, you can't arrest her because she hasn't committed a crime in the United States." There was no
01:52:24
jurisdiction to arrest her for murder. And that's what pushed my family to say, "Wait a minute. This isn't right."
01:52:35
>> But American authorities weren't finished with Kathy Patrick. And soon they would come face to face with her.
01:52:43
>> Did you ask Kathy Patrick flat out, did you murder Carolyn Ael? >> Yes, I did.
01:52:56
[Music] [Music] >> So this is one of the last pictures taken of her alive. >> Right. Right.
01:53:10
[Music] >> In the days after Carolyn's murder, Wanda worked overtime during the holidays to bring her home.
01:53:22
>> We got her back in time to hold the funeral on New Year's Eve. >> Gone, but never forgotten.
01:53:31
Wanda Ael and her family were pushing the government to pursue a case against Kathy Patrick, who had left South Korea
01:53:39
just weeks after Carolyn's murder. >> So, do you believe this sudden move from South Korea to the United States was in
01:53:47
a way a an expression of consciousness of guilt? >> Yes. Well, Kathy knew she did it. So she
01:53:54
had to suspect that sooner or later somebody was going to put it together or that Sandra was going to crack and to
01:54:00
tell on her. So she spent as little time in South Korea as possible after she killed Carolyn.
01:54:07
>> With Kathy Patrick back in Washington State, Carolyn Abel's family was fearful
01:54:13
they could be targeted. I was worried that Kathy would try to kill us because Kathy wrote these
01:54:22
letters to my parents, that she was her great friend and that, you know, she'd love to meet them. And I was working
01:54:30
through my mind, what would I do if I saw this person or if she showed up at my house?
01:54:36
>> Despite the lack of an extradition treaty, there was still that South Korean arrest warrant for murder for
01:54:43
Kathy Patrick. My name is Steven Schroeder. I'm a retired assistant United States attorney
01:54:49
and I worked in Seattle. >> They also asked the US government for help. What did the South Koreans want
01:54:56
you to do? >> Among other things, they wanted me to take a deposition of Kathy Patrick and
01:55:04
ask her some questions about the murder that occurred in Soul. It was 1989 when Schroeder was assigned
01:55:12
the case with John Boatright and FBI agents along with her lawyer Kathy Patrick willingly sat down with them to
01:55:20
be questioned. Did you ask Kathy Patrick flat out, "Did you murder Carolyn Ael?"
01:55:27
>> Yes, I did. >> What did she say? >> She said she did not. >> And did you present her with what her
01:55:32
roommate had said? >> Yes. >> And what did she say about that? >> Simply it wasn't true. And did Kathy try
01:55:38
to shift blame at all? Did she point the finger of suspicion at all at Sandra? >> Not with me.
01:55:46
>> Kathy also denied under oath that she was in love with Carolyn Ael. >> Do you believe Kathy Patrick lied to
01:55:55
you? >> There was enough indication of that to justify us doing further investigation.
01:56:02
Yes. My strategy at that point was if the Koreans did not prosecute it, then to look whether we could for basically
01:56:12
false statements, perjury, obstruction of justice. >> Even though lie detector tests are
01:56:18
inadmissible in federal court, they are a tool used by investigators to confirm deception.
01:56:25
Kathy Patrick willingly agreed to take one and answer questions about Carolyn's murder. The
01:56:32
examiner concluded that she was deceptive >> and deception is lying >> lying. After the polygraph, Kathy
01:56:41
Patrick, whom South Korea still wanted to arrest for murder, was free to leave. >> Is that frustrating?
01:56:51
>> It was very frustrating. Compounding Caroline's family's grief, Sandra Ames was released from a South
01:56:58
Korean prison after serving just 6 months of her one-year sentence. And it wasn't because of good behavior.
01:57:07
>> Is it true you got out of prison because someone bribed a judge to get you out?
01:57:12
>> Yep. Absolutely. >> We just couldn't believe it. I mean, six months for assisting a murderer and covering up
01:57:26
the crime scene and making it look like a burglary and not even telling anybody,
01:57:30
not talking. I I don't understand. I When Sandra returned to the United States, she was recruited by the FBI to
01:57:41
go undercover and secretly record a reunion with Kathy Patrick in hopes of eliciting a confession.
01:57:50
I didn't even call. I simply went to her house. >> And what did she say to you? Sandra,
01:57:56
what are you doing here? >> Probably. And I think I said something along the lines of, "How could you have done that?
01:58:07
How could you have killed Carolyn?" And she said, "I don't know what you're talking about."
01:58:13
Without incriminating statements from Kathy, the feds were not able to press charges for perjury.
01:58:22
>> As long as she stays within these borders, she's a free woman. >> That's That's correct. Yes.
01:58:29
>> And with no extradition treaty in place, South Korean authorities put the murder
01:58:34
case on the shelf. I think the South Koreans were taking the attitude that this is a US problem.
01:58:44
It's two US citizens. >> Meanwhile, Carolyn's family carried on with their quest for justice.
01:58:52
>> My dad contacting every congressman, every senator. He wrote to news stations
01:58:59
60 minutes because he was hoping that if that happened then there would be more publicity, more pressure.
01:59:08
>> While Kathy Patrick carried on with her life. >> If it is true that Kathy Patrick
01:59:14
murdered your sister, is she a danger today to the public? >> I I think she probably is. And who knows
01:59:23
what would trigger some kind that kind of violence again. >> Kathy declined to meet with 48 Hours. So
01:59:31
we went to her in Bellingham, Washington, where today she's a counselor at Western Washington
01:59:37
University. >> Okay, guys. We're going to make our move now to Kathy Patrick's office.
01:59:46
>> Hi. >> Hi, Kathy Patrick. Hi. >> Hi, Peter Van Sam with CBS News. [Music] My sister never got to live her life.
02:00:06
Why does Kathy get to live a full life? For almost three decades, Kathy Patrick has lived a quiet life in Bellingham,
02:00:16
Washington, north of Seattle, where for the last 18 years, she has worked as a student adviser at Western Washington
02:00:24
University. >> Okay, this is the building. Okay, so when we get in, let's move quickly to her office. Kathy turned down
02:00:35
our request for an interview, saying Caroline's murder was too painful to talk about, but on this day, her past
02:00:44
was fast approaching. >> Hi, Kathy Patrick. Peter Vans with CBS News. There are investigators from two
02:00:50
countries that have now >> are certain that you murdered Carolyn Ael. What do you have to say?
02:00:57
Um, I have to say that I'm innocent and that I don't know what happened after I found
02:01:07
Caroline's body. These are Kathy Patrick's first public words on the murder of Carolyn Ael in 30 years.
02:01:16
>> Now, your roommate says just the opposite, that you confessed to her and that the two of you then went back over
02:01:22
to Carolyn's apartment and staged the scene as a burglary. No, >> that never happened.
02:01:29
>> No. >> So, she's lying to us when she told us that. >> I believe she is. >> You flunked a polygraph test. How did
02:01:38
that happen? >> I don't know the science of polygraphs. I'm not surprised that I would um flunk
02:01:44
it in retrospect given how clammy and nervous I am right now. And I'm even shaking. It was a frightening
02:01:53
experience. And I absolutely do not know what happened before I went to her apartment and found
02:02:04
her body. >> It has been >> It has been 30 years since this. Isn't it time to come
02:02:12
clean about this? Investigators are certain that you committed this murder. >> They are wrong.
02:02:22
>> If you didn't, who did? I believe it must have been Ames. >> Sandra Ames. She says you did it and you
02:02:31
had her go over and help manipulate the room to make it look like a burglary. >> That's not true.
02:02:38
>> Another circumstance in all of this is that people have >> You want these people to leave?
02:02:43
>> Um, can we stop right now? >> These are important questions to be asked about this. There were 30 stab
02:02:49
wounds on Carolyn's body and friends say that you attacked her after she rejected
02:02:54
you. Your romantic advances. >> No, this has to stop now, please. Um, you're really sidelining me here and I'm
02:03:03
not prepared to answer questions here at my place of work. This happened 30 years
02:03:08
ago. I have been available to investigators in Korea and in the US. In her interviews with South Korean police,
02:03:18
a deposition, and a polygraph test with American investigators, Kathy Patrick did not point a finger at Sandra Ames.
02:03:28
Steven Schroeder had a question about that for Kathy. >> Well, why didn't she tell us that 29
02:03:34
years ago? When we recently contacted Sandra Ames, she told us she wasn't surprised that
02:03:41
Kathy tried to blame her and denied having participated in Carolyn's murder. >> If it went to trial, I would be willing
02:03:50
to testify. I would need to testify. >> Where should Kathy Patrick be today in your opinion?
02:03:58
>> She should be in prison. Plain and simple. Thanks to the Able family's lobbying
02:04:06
efforts, in 1994, Congress passed a law that allows for the US prosecution of US
02:04:13
nationals who kill other Americans in foreign countries. >> And so today, American families, if
02:04:20
their loved ones are murdered abroad by an American, um, will have a very different
02:04:26
experience than Carolyn Abel's family did. And I think I think we all owe them a debt of gratitude. But in Carolyn
02:04:33
Abel's case, any trial seems highly unlikely. In South Korea, the statute of limitations for her murder has expired.
02:04:42
And the Ael family says investigators told them the physical evidence in the case has been destroyed. Evidence that
02:04:51
would have been crucial for a trial in the United States. >> No one should have to go through what my
02:04:58
family went through. How do we live in a world where a US citizen can go murder a
02:05:02
US citizen and then come back and live like nothing happened? That's the outrage of this.
02:05:10
>> In a case where nothing is simple, the long path to justice may never reach its
02:05:16
destination. [Music] I honestly can't picture her old cuz she was just always so so vibrant
02:05:29
and so energetic and I I I think she still would be, you know, I miss her. She was like my
02:05:41
best friend. We've all continued our lives as adventurous people, but you know, we kind of carry the memory of
02:05:53
Carolyn behind us. Whatever ground we walk on, it's hard not to remember that there's
02:06:02
another one of us who could be out there on the same path. 48 hours. Don't miss an episode.
02:06:24
[Music] People perceive me as being a billionaire s and this entitled spoiled rich girl
02:07:15
and this wild crazy party girl that's hanging from rafters. That's not it at all.
02:07:22
I'm a businesswoman. I'm a mother. I'm a friend. I'm a wife. There are a few that think that I'm a
02:07:30
murderer. >> Surely the crime of the young decade, a respected senior officer dead.
02:07:36
>> He was hoping to be promoted to senior superintendent, but the Lord our God wanted to promote him to become an
02:07:44
angel. >> My brother, he was playful. [Music] He was a very happy person. >> Henry Jamut from everything we know was
02:07:59
a very jovial guy. He loved his family. He loved sports. He loved music. He go all the way for his friend.
02:08:09
>> Henry was my friend. That was an accident. A terrible accident. I It will haunt me for the
02:08:18
rest of my life. >> The shooting took place where? at that dock. >> These two people wind up on a lonely
02:08:26
pier in the dark together. Why are they there? >> I I remember saying, "You really need
02:08:31
your gun. Just we're going right here to the pier." And he's like, "I always have my
02:08:36
gun." And so he brought it with him. >> The moon was beautiful. So we just wanted to come sit by the pier, put our
02:08:45
feet in the water. >> Was there anyone else on that pier besides the two of you?
02:08:50
>> No. Did you have a finger around the trigger? >> Not that I thought. I just remember
02:08:55
trying to see. Next thing I know, the gun went off. He fell on top of me and all I could
02:09:05
feel was warmth and I later then realized he was bleeding on me. She feels this warmth.
02:09:12
You know, when we talk about warmth, we think about warm cookies or a blanket. We don't think about the warmth of
02:09:18
death. didn't know if he was dead. There's not a night that goes by. I don't dream
02:09:26
about that incident and relive it. People are wondering, was this an accident? Was this murder?
02:09:34
>> Jasmine Harden was arraigned in the San Pedro Magistrate's Court on a single charge of manslaughter by negligence.
02:09:40
>> My brother was shot behind the air execution style. She should be charged for murder. Murder.
02:09:50
Murder. >> I'm not a murderer. That's ridiculous. >> Miss Arton, do you have anything to say?
02:09:56
I >> My freedom is at stake. My relationship with my children is at stake. >> Why won't you let me see the kids,
02:10:01
Andrew? >> She gives so many stories. >> So, who knows when she's telling the truth?
02:10:10
[Music] [Music] I think a lot of people misjudge me. >> Her name is Jasmine Harton. seen by many
02:11:06
as one of the most wealthy and controversial people. >> They don't see my wholesome side
02:11:13
>> in one of the most alluring places on earth. >> When I decided to come to Bise, I
02:11:19
thought that I was moving from the cold north into a paradise. >> Bleise is a tiny Central American
02:11:26
tourist mecca that's also a haven for the super rich, where jet setters and beach comrs rub elbows every day. And
02:11:34
it's where Jasmine, 32, was raising twins with her partner Andrew Ashcrooft, a real estate developer and son of a
02:11:43
British billionaire. >> A woman with one of the most prominent names on the island, is at the police
02:11:47
station. >> I've never had a story like this before. >> Shereice House is a news reporter and
02:11:53
anchor at Channel 7 in Bise and a CBS News consultant. She has been covering the case since it broke on May 28th,
02:12:02
2021. Reports tonight are that Harton was flattered in the officer's blood. >> Authorities detained Jasmine Harton
02:12:09
after finding her dazed and drenched in blood on a deserted pier near her exclusive beachfront resort home.
02:12:16
>> It's a mystery for which the intrigue is escalating. >> In the water was police superintendent
02:12:22
Henry Jamont with a fatal gunshot wound behind his right ear. A man beloved by his five children and
02:12:32
says his sister Cherry by the country he'd spent his life serving. >> He had done a great job for the country
02:12:40
of Bise. >> We will purchase shoes for some of the needy kids within the villages around
02:12:47
>> with a respected police officer dead and a wealthy powerful woman in a concrete
02:12:53
jail cell. There were rampant rumors about Jasmine Harton and Henry Jamat. Were drugs or infidelity involved?
02:13:03
The speculation was fueled by reports that Jasmine's account of that night had changed. According to Channel 7, the
02:13:11
first account she told was the fatal shot may have come from a passing boat. >> Why would she have ever told such a wild
02:13:20
story about a boat? After a jail house visit with a lawyer, Hartin admitted she fired the fatal shot accidentally.
02:13:31
Hartin was charged with manslaughter by negligence and eventually released on bail.
02:13:38
The things that are at stake right now is my relationship with my children, my freedom, my business, my money, my my
02:13:47
character, my reputation, and my my life is at stake. >> Tonight, you will hear Jasmine Harton
02:13:58
tell her side of the story. It's a story that begins in her childhood. She insists she was never a spoiled rich
02:14:07
kid. >> I think because I grew up the way I did, all of that has prepared me for what
02:14:12
I've just endured. She says she grew up poor in Canada as one of nine siblings in a small farming community.
02:14:20
>> Do you remember being hungry as a child? >> Of course. Yeah, many times. Jasmine's mother, Candace Castleone,
02:14:27
says food was in such short supply, she tricked a local doughnut shop to give her stale pastries to feed her kids.
02:14:36
>> I went in and told them I was a pig farmer. I needed the donuts for my pigs. The kids thought it was awesome.
02:14:43
>> She went to high school in a hard scrabble neighborhood of Kingston, Ontario, and set her sights on a career
02:14:50
in dentistry, hoping to help the needy. I started to do dental missions >> and bise
02:14:59
>> I saw an opportunity to come down and do a mission here for dentistry. >> She arrived in Bleise in 2014. She set
02:15:08
up shop on an exclusive island called Amberris Ki and made a splash on the social scene, acquiring a reputation as
02:15:17
a party girl. And in 2015, she met someone who would change her life. By then, she was
02:15:25
working as a realtor, and he was a potential client. >> There was something intriguing about his
02:15:31
level of confidence. >> It was Andrew Ashcraftoft. >> I thought he was very clever, very
02:15:38
funny, very witty. Andrew is a son of Lord Michael Ashcraftoft, a well-known conservative
02:15:44
political figure in his native Great Britain who'd built a billion dollar business empire with extensive holdings
02:15:51
in Bise. They reportedly have included ownership stakes in the phone company, two of the biggest banks, a TV station,
02:16:01
even the main port. Once you learned that Andrew Ashcroft is the son of a billionaire, how did that
02:16:10
impact you in your relationship? >> So I was curious about it. >> Were you in any way attracted to his
02:16:16
wallet? >> No. >> But the potential >> I wanted to build something together. I wanted us to be partners.
02:16:23
>> They got engaged in 2016 and the next year had twins, Charlie and Ella. It was
02:16:29
just months earlier at a brunch that Jasmine had met the other man who had become a central figure in her future, a
02:16:37
highranking police official on the island, Henry Jamat. >> Henry is a lot of fun and we would get
02:16:43
together often um with groups. >> Jasmine says he was on the island for about another year before being
02:16:50
transferred and they got to know each other well. >> He loved his food, loved my cooking,
02:16:57
often came to the house for dinner. She says Andrew Ashcroft already knew Henry,
02:17:02
so Jamat's name was on the invite list in May 2021 when the couple cut the ribbon on their professional dream.
02:17:11
>> Thank you. >> A Marriott branded resort worth millions. It was just weeks before the
02:17:18
shooting. >> For Jasmine and I, it marks the fulfillment of a dream to create the
02:17:22
Eliar Resort. >> Jasmine Hartin seemed to have it all. opulent lifestyle, lovely family, and
02:17:29
links to a powerful dynasty. Her life may have looked perfect, but she says by then, behind the curtains of the five
02:17:37
bedroomedroom beachfront condo she shared with Andrew and the children, there was trouble.
02:17:43
>> Andrew and I have had a very rocky road. >> "They tried to make it work," says
02:17:48
Jasmine, though they never officially married. >> We weren't even sleeping in the same
02:17:54
rooms. and she says they were essentially leading separate lives. So on a dark night in May 2021 when Jasmine
02:18:04
Hartin suddenly found herself in trouble at a party, she called for her friend Henry Jamat.
02:18:11
>> I said, "Please come pick me up. This is bad. [Music] [Music] Set the scene for us. This is a very
02:18:37
special place for you. >> Yeah, it used to be a very special place, but now brings back a lot of very
02:18:42
sad sad memories. This is Grand Colony. So that building in the back is where I lived.
02:18:53
>> At the glittering center of Jasmine Harton's world was a fantasy. The luxurious beachfront hotels of the
02:19:03
Ashcraftoft Empire in San Pedro on Amberris Ki Bise. San Pedro is where all that money comes in, rolls in, and rolls
02:19:14
out. >> Here, accommodations can go for upwards of $1,000 a night. It is just a few
02:19:21
barefoot steps across the sand, but a world away from everyday life in this Central American nation, where the
02:19:29
average salary is around $800 a month. There's an element of race in that expats do not tend to socialize within
02:19:39
the black community. >> I'm standing in front. >> But reporter Shereice House says Jasmine
02:19:45
Harton and Henry Jamat's life journeys cut a path that straddled both worlds. >> Henry Jamat is friends with a wide range
02:19:55
of Bleian society. as at ease with the Ashcrofts and their enormous wealth as he was with the
02:20:03
workingclass people he grew up with. >> You called him king. >> Yes, >> he's the king.
02:20:09
>> Yes, he's the king. >> My parents name him King because he's one and only boy in the family.
02:20:17
>> A king who followed in the footsteps of his sister, Cherry. >> Yes, we are both police officers.
02:20:24
>> And was your brother a good cop? a very good cop, very strict. >> We're trying to bridge the gap between
02:20:34
the community and the police. >> Henry Jamat is an upstanding officer >> and I believe that by
02:20:40
>> a senior police official and a family man, dedicated father to four girls and
02:20:48
a boy, son, brother, friend to many like Jean Lopez. He was a big fell but he was friendly
02:20:58
but stern. >> Tell me about the Henry that you knew. >> He would assist anybody if they need
02:21:02
assistance. >> He is a very good man loved by many. He have extended his love beyond the
02:21:12
family limits. >> Did you become good friends? >> Well, yes. The more I got to know him,
02:21:20
we had a lot in common. There has been a lot of talk around BISE that you and Henry Jamat were more than friends. That
02:21:29
you may have been lovers. >> That's not true. That's not true at all. >> You guys never had a sexual
02:21:35
relationship. >> No. >> Still, the nature of their relationship would become the heart of this story.
02:21:42
And the question is, what was such a prominent man, prominent yes, but workingass, middle class, doing on a
02:21:51
pair with someone who's from the 0.01% of wealthy expats? It just seemed like a mashup and a friendship that almost
02:22:04
shouldn't exist. Whatever their relationship, it was Jasmine's reliance on the man known as
02:22:10
King that set in motion the final days of Henry Jamat's life. It was May 22nd, 2021. Jasmine says she was at a party
02:22:21
some 70 m from home. >> A man followed me into the room and was quite aggressive with me,
02:22:27
>> verbally, physically, >> physically, um, in a sexual manner. So in that moment, I fought him off me. I
02:22:36
called Jamut right away. >> The man Jasmine calls her protector. Didn't hesitate.
02:22:42
>> He drove an hour to come pick me up. And he kept saying, "We need to really work
02:22:46
on getting your firearms license." >> She says Henry Jamont wanted her to have a gun for protection.
02:22:52
>> And you agreed to that? >> Yes. >> And when he had that conversation, did he show you his Glock pistol?
02:22:58
>> Yes. He wanted me to handle it, to get a feel for it. This is what a Glock 17 looks like.
02:23:06
>> When you got home, did you share what happened to you with Andrew? >> No, we weren't really sharing a lot with
02:23:14
each other at all. >> And Henry Jamat posted on Facebook that he was now single.
02:23:19
>> He posted something about being single like after 14 years. >> And so some 3 days later, it was
02:23:28
Jasmine's turn to help her friend. The next thing I know, I get a text message from Henry saying, "Hey, can you hook me
02:23:35
up at Grand Colony? I need to come out there for a couple days and just blow off some steam."
02:23:41
>> He checked in on Wednesday, May 26th. >> Correct. >> The next day, Henry went fishing with
02:23:47
his best friend, Francisco Penny Areo. >> He was happy. I was happy. I said, "So,
02:23:53
what's up tonight?" He said, "Well, I have a date." I said, "Who?" He said, "That one, I'm taking it to my grave."
02:23:59
But he was smiling when he tell me that. >> Were you that date? >> That's hard to say. If he called me a
02:24:04
date, he may have just been pulling their leg or exaggerating truth. I'm not sure, but I'm I'm definitely not a date.
02:24:12
>> She says Andrew was supposed to join them, but as a full moon settled over the tropical Caribbean night, Jasmine
02:24:19
met Henry alone. >> I had a police report that Superintendent Jam had been killed on a
02:24:26
pair in San Pedro. Just offshore from this pier, floating in the dark Caribbean Sea, Henry Jamat,
02:24:34
shot dead. >> Next thing I know, the police are there. >> She had called the police herself. They
02:24:41
took her into custody where Jasmine reportedly spun her first version of how Henry Jamat died.
02:24:48
>> Her story is that a passing boat shot Jamat. >> And that story is from Jasmine herself.
02:24:53
>> From Jasmine herself. I don't remember saying that like it was such a blur. Um,
02:25:02
you know, and I think I was in shock. >> Were you intentionally trying to mislead
02:25:06
police at that moment? No. >> To protect yourself? >> No, not at all. Later on the day of the shooting, Henry
02:25:14
Jamat's body was brought across the shimmering waters and home by his best friend Py in this same boat they'd been
02:25:21
fishing in just a day before. >> I said, "Can't be cannot be. I'm still still hurt, still bothered, still very
02:25:30
hurt." >> You were crying. >> Yeah, of course. Yes. >> The king was dead. The woman with
02:25:36
connections to a wealthy, powerful family sat in a cell at the police station. And
02:25:43
then reportedly that story she told about the bullet fired from the boat began to change.
02:25:50
>> It's past midnight now at the end of the pier. What happens? [Music] There are only two people who know what
02:26:13
happened on that pier on Amberris Key. One is forever silenced. Allegedly shot with his own gun. A Glock 17 like this
02:26:23
one. >> 42-year-old superintendent of police Henry Jamat is dead. >> More than 2 days after being taken into
02:26:30
police custody, the other person in this twisted drama, Jasmine Harton, made a startling admission.
02:26:37
>> You have admitted shooting and killing Henry Jamat. >> Yes. So, >> but let me just finish my question. Was
02:26:45
it an accident or was it murder? >> It was absolutely not murder. Henry was my friend.
02:26:54
>> That day changed everyone's lives. >> Documents from the cops, courts, and forensic experts in Jasmine Hartin's
02:27:01
case have not been made public. So much of her account of that night cannot be independently corroborated.
02:27:09
She told her story in detail for the first time on TV to 48 hours. >> How did you and Henry Chamat end up on
02:27:17
that pier? >> Well, we were sitting on the balcony of unit one, >> which is ocean front.
02:27:24
>> She says they were drinking >> cinnamon whiskey. Yeah. He took his like a shot, you know. I was sipping on mine.
02:27:32
Then we went, it was a full moon. The stars were gorgeous. So we decided, let's go down and sit on the pier. We
02:27:40
were sitting on the edge, our legs kind of dangling, just talking. >> As he'd done after rescuing her from
02:27:47
that party, Jasmine says Henry Jamat again pulled out his 9mm Glock 17 and handed it to her.
02:27:55
>> I am not an expert with 9 mm by any means. >> So Jasmine says Henry began teaching her
02:28:02
how to eject and reload the magazine clip and bullets. He said, "Let's see if you can do, you know, unload the clip,
02:28:08
reload it." So, help me get the clip out. I was unloading it. Then he took the bullets and put them beside him. I
02:28:15
was under the impression that the gun was completely empty at that time. >> It doesn't make sense to people. Why are
02:28:22
you doing this in the darkness? >> It just kind of happened in that moment. >> Jasmine claims Henry was a little
02:28:31
inebriated, but says she wasn't. I had had a few drinks. Yeah. I wasn't drunk. >> It's past midnight now. We're
02:28:39
approaching 12:45 a.m. >> What happens? What unfolds? >> We're sitting on the end of the pier
02:28:45
together. He makes the comment about how his shoulder is really stiff and he's like, "Just rub my shoulder." So, I kind
02:28:53
of scooched back behind him. >> Jasmine says she agreed to give Henry Chamat a shoulder massage. And then,
02:29:00
>> let's head inside, he said. So, I said, "Okay." So he has the bullets to his left. He asked me to hand him the clip
02:29:08
from the gun. And that's when I picked it up. I'm still kind of behind him a little bit
02:29:14
like he's sitting like this. I'm kind of sitting like this. >> Who's holding the gun at that point?
02:29:20
>> Me. So I reached for the gun to take the magazine or the clip out cuz he was going to reload it. He had the bullets
02:29:27
there. And all of a sudden, it went off and yeah, he it's uh it's hard to talk about
02:29:36
this still. >> Take me through that moment by moment. >> So, I lean over, I pick up the gun, and
02:29:44
I'm trying to click out the magazine, and it's not working. So, I'm holding it like this, and I'm trying to use the
02:29:50
moonlight or whatever to see if I'm clicking the right button. Jasmine says the barrel of the gun was
02:29:57
pointed to the left where Henry was sitting. >> Next thing I know, the gun went off.
02:30:04
>> And did you have a finger around the trigger? >> Not that I thought. >> Somehow you must have pulled the
02:30:11
trigger. >> I I I don't know. I I mean, it was an accident or the gun misfired, but
02:30:18
consciously did I pull the trigger? No. She says Henry Jamat never made a sound.
02:30:25
>> So the shot went off and he fell on top of me and all I could feel was warmth and I
02:30:34
later then realized he was bleeding on me. >> Jasmine says after the shot she struggled to get out from under Henry.
02:30:46
>> I was shaking him. I didn't know what to do. As I'm trying to wiggle my way free
02:30:50
to render aid, his body was slipping into the water from the dog. I didn't know what to do.
02:30:57
I didn't know if he was dead. >> She says it took time to make sense of what had happened.
02:31:05
>> It was a horrible accident. >> Taking Jasmine into custody, authorities discovered she was carrying a small
02:31:13
amount of cocaine. They didn't charge her with possession that night because it hadn't been tested yet.
02:31:19
>> Had you used cocaine that evening? >> No. >> Do you use cocaine? Do you have a drug
02:31:24
problem? >> I definitely do not have a drug problem at all. And I will say that the
02:31:31
substance that they found was not mine. >> Whose was it then? >> I don't think I can say that.
02:31:38
>> She said it wasn't hers. >> It's in her purse. Cherry Jamat, the police officer who
02:31:45
inspired her younger brother, King, to get his badge, isn't buying any of it. >> Do you believe that your brother on a
02:31:52
darkened night at the end of a pier at 12:45 in the morning was actually showing her how to use his Glock 9mm
02:32:01
pistol? >> My brother would never do a thing like that when it comes to firearm. He is so
02:32:09
skillful and he is so careful. You don't believe in any possible way this could have been an accident?
02:32:14
>> I cannot believe that. >> Cherry is hopeful that when the ballistics report is revealed, it will
02:32:21
lead prosecutors to upgrade the charge. >> Jasmine Harden should be charged for murder and not manslaughter.
02:32:33
>> Either way, Jasmine Hartin was about to run into a world of trouble a lot closer
02:32:38
to home. This is absolutely war. >> War with the billionaire family she once called her own.
02:32:46
>> Tonight we continue with the saga of Jasmine Harton versus Andrew Ashb. >> Andrew is inside hiding my kids inside.
02:32:55
Why won't you let me see the kids? Andrew, >> why won't you let me see the children?
02:33:00
[Music] From [Music] the swaying palms to the silent roads, journalist Shereice House and I went looking for Henry
02:33:25
Jamat's hometown roots. Peter, this is the hummingbird highway in Bise and it's the road to the culture
02:33:33
capital which is Dangria. That's where Henry Jamat grew up and where his family still lives.
02:33:39
>> We followed the dusty colorful streets of Dangria. >> Let's stop at that green house there.
02:33:45
I'm looking for where Henry Gamut used to live. >> And we're led to Henry Jamaat's nephew,
02:33:51
Edidel. >> This is it. >> He is clear on how his uncle died. murder >> and the whole family feels that way.
02:34:01
>> Everybody feels up here. >> But authorities charged Jasmine Harton with manslaughter, not murder. And
02:34:07
publicly, investigators have never suggested any motive for her to have intentionally killed Henry.
02:34:14
>> I had no motive to do that to my friend. >> But Henry's family believes the truth is
02:34:19
revealed in how and where he was shot. >> My brother was shot behind the air. execution style.
02:34:29
>> That shot echoed through a town famous for its music and drums. The beat Henry
02:34:35
Jamat loved. The heritage he was passing on to his children. >> We're getting close to the church where
02:34:43
Henry Jamat's funeral was held. >> As he had in life, the 42-year-old public servant
02:34:51
united the people of Bise. Wherever he goes, whatever he did, he shared that love with all of us.
02:34:59
>> But how to comfort sisters who lost the brother they lovingly called king. And how to answer six-year-old Henry
02:35:08
III's question. >> How comes my dad haven't called me? While Henry Jamat was mourned by a
02:35:18
nation, Jasmine Harton was getting a different kind of attention. And according to a prison official,
02:35:27
>> the 32year-old who will be dealt with like any other untried prisoner will become the only Caucasian among 141
02:35:35
inmates. >> Still, the people of Bise couldn't help but wonder if Jasmine's race, stature,
02:35:42
and wealth might benefit her. Then she was locked up for 13 days. >> Myself was infested with cockroaches.
02:35:53
>> Miss Arton, do you have anything to say? >> When she finally made bail, roughly
02:35:58
$15,000. It was paid for by an employee of the Ashcraftofts. But Jasmine was already
02:36:05
getting the feeling that her partner Andrew wanted her out of sight. The day that I got out, I was expecting to be
02:36:12
reunited with my children at home, but instead I was sent to a house in the middle of nowhere by myself without my
02:36:22
children without a phone. >> Andrew arranged for the house and for the twins to visit, but Jasmine claims
02:36:29
he only allowed them to see her one time. Andrew claims Jasmine left the house before he could arrange another
02:36:36
visit. and being apart from your children. What has that been like for you? >> That's one that will get me to cry. Um,
02:36:44
>> two weeks after making bail, Jasmine tried to visit the twins herself. >> My son and my daughter
02:36:52
>> at the Grand Colony where she had lived with Andrew Ashcraftoft. It was then that chaos broke out.
02:37:00
>> So, this is me recording. >> This is part of the video Jasmine shot. Andrew's running so I can't see my
02:37:06
children. Security is literally stopping me from seeing my children right now. >> In a statement, Andrew later wrote that
02:37:15
Jasmine was shouting and cursing and behaving aggressively toward the hotel staff.
02:37:21
>> You've been instructed by Andrew to stop me from seeing my children. That's correct.
02:37:25
>> He's just side hiding. >> Why won't you let me see the children? She is startled two days later when
02:37:31
she's arrested again, this time for assaulting a hotel staff member that day. >> All I did was try to collect my personal
02:37:39
belongings and see my children. >> And authorities add a charge for cocaine possession from the night of the Henry
02:37:47
Jamat shooting. >> This is absolutely ridiculous. >> Her bail is then revoked and she's
02:37:53
locked up again, >> but not for long. Tonight, after four more nights behind bars,
02:37:59
>> Jasmine was out again, her bail restrictions mandated she check in with police every day, a 4-hour roundtrip
02:38:07
drive across Bise from where she is staying. And so when you go in, what do you say?
02:38:13
>> Um, they ask me a series of questions where I'm staying, uh, my date of birth.
02:38:19
>> But this day's check-in, just 2 weeks after the confrontation at the hotel. Why are you keeping my children from me,
02:38:26
Andrew? >> Would prove anything but routine. >> Authorities hand her an order to appear
02:38:32
at a custody hearing, reciting Andrew's allegations >> for a reason that the mother of the
02:38:39
children hardly spends any time with the children. First of all, I was in jail. Andrew
02:38:47
Ashcroft seeks full custody of his children because Jasmine is charged with causing the death of a police officer by
02:38:54
negligence as well as the assault of that hotel employee and claims >> she is addicted to nonprescription
02:39:02
and illegal drugs and a habitual drunkard. >> It's a vividly different description of
02:39:09
the woman Andrew once welcomed into his rarified world. In my opinion, this is absolutely war.
02:39:16
This is absolutely gloves are off. >> The war would be about the custody of the children, a powerful family, and a
02:39:25
building international scandal. >> Money, power, image, and reputation mean absolutely everything to that family.
02:39:36
>> Next up in the war of the Ashcrofts, money. According to Jasmine, she's been cut off financially.
02:39:44
>> You didn't have a bank account, a trust fund, nothing that you could draw upon.
02:39:49
>> Not at all. >> Mr. Ash, is she an unfit mother? >> Andrew Ashcrooft declined to speak with
02:39:54
48 hours and his attorney says with legal proceedings underway, it would be quite ill advised to grant an interview.
02:40:05
The wheels had come off Jasmine Harton's life in paradise. and she was running scared.
02:40:13
>> I've been through what I would consider hell on earth. >> But the Jamaat family says they're the
02:40:20
ones going through hell as they continue to mourn the kind, conscientious man they believe Jasmine murdered.
02:40:27
>> She gave so many stories, so who knows when she's telling the truth. Central to Jasmine's story is that she
02:40:35
knew very little about handguns and that Henry wanted to teach her. But recently,
02:40:41
images have appeared of Jasmine in Bise with a shotgun. >> What does that video tell you?
02:40:51
>> That video tell me that Jasmine is wellversed, have wide knowledge of bigger firearms. This is you with a
02:41:01
semi-automatic rifle. >> Yes. >> It has a magazine, a clip. So, I'm guessing you know how to take out a
02:41:09
magazine and reinserted into a weapon. >> That picture was from 2012 when I was at a Las Vegas shooting
02:41:18
range. They don't let you load your firearms. What the video doesn't show is that it
02:41:25
really was probably my 10th attempt at the watermelon. I'm not very good with firearms.
02:41:32
>> Jasmine says she knew next to nothing about handguns. >> I do not know how to handle a 9 mm
02:41:39
properly at all. As we can tell, >> it would come down to this. Was the gun used to kill Henry Jamont fired by
02:41:47
accident? >> We asked an expert. >> Is it easy to accidentally fire this weapon?
02:42:18
There's a lot writing on Jasmine Harton's account of Henry Jamat's shooting. So, we wanted an expert
02:42:25
opinion about whether her story lines up. >> What are you holding in your hand? >> This is a Glock 17 9mm pistol. It's the
02:42:37
same type of weapon that was used in the shooting incident that occurred in BISE.
02:42:41
>> David Katz is a former DEA agent and a veteran firearms instructor who taught
02:42:47
at the FBI DEA Academy in Quantico. If used properly, how safe is a Glock 17? >> These are an extremely safe.
02:43:04
>> Cat says Glock handguns are designed to withstand almost any amount of jostling
02:43:09
without accidentally firing. >> I could bang it. I could drop it. It's not going to go off.
02:43:16
>> But Cat says there's one notable exception. a potential key to understanding what
02:43:23
happened on that pier. We showed him portions of my interview with Jasmine. >> I'm trying to get the magazine out.
02:43:35
>> As you can see from Jasmine's gestures, she says she was fumbling around to release the gun's magazine.
02:43:41
>> If her finger was on the trigger and the trigger moved to the rear with 5 lbs of
02:43:45
pressure, the gun's going to go bang. Pulling the trigger on Glock pistols can be easier
02:43:53
than on some other handguns, says Catz. >> This is a Glock. >> And accidental trigger pulls could
02:44:03
happen to anyone, even to veterans like this DEA agent who accidentally shot himself.
02:44:15
Let me get a sense of how much force it'll take to to fire this weapon. >> That feels pretty light to me.
02:44:23
>> Yeah, it's 5.5 lbs. >> Consciously, did I pull the trigger? No. >> Even though Jasmine says she doesn't
02:44:30
remember, she had to have pulled the trigger. >> There's no doubt about it. She pulled
02:44:34
the trigger. Cat says trigger accidents can result from something called sympathetic
02:44:40
contraction in which contracting one hand muscle triggers others too. >> Let's assume you put your finger on the
02:44:47
trigger in this position. You squeeze the bottom fingers, your trigger finger is going to similarly squeeze as well.
02:44:53
>> Another possible factor, alcohol. Jasmine says both she and Henry Jamat had been drinking that night.
02:45:02
There is no better way to get yourself hurt than by messing with firearms when you are impaired.
02:45:09
>> I was under the impression that the gun was completely empty at that time. >> One or both of them could have unloaded
02:45:16
the magazine, says Catz, forgetting there was a bullet ready to fire in the chamber.
02:45:22
Based on what you've heard her say and what you know about the Glock 17, could this have been an accidental shooting?
02:45:29
>> Yeah, it could have been. It's a troubling story from so many aspects starting with why you know why she's
02:45:34
practicing in the dark but then when she talks about where her hand was when the
02:45:38
round went off. Could it have been an accidental discharge? Absolutely yes. >> We don't know what forensics,
02:45:44
ballistics, or other tests authorities have conducted. Prosecutors aren't saying
02:45:50
>> I have no idea what evidence they have against me because they haven't released
02:45:53
any of it yet. [Music] But Jasmine says Henry's sister Cherry confronted her when the two women met by
02:46:02
chance in July of 2021. I said, "Jasmine, why did you kill my brother?" Her response was,
02:46:15
"I'm sorry, it was an accident." I told her, "Jasmine, you don't know what you have done to my
02:46:22
family. Do you believe you deserve any sort of legal punishment for what happened on that pier?
02:46:30
>> I believe that it's an it's it was an accident and I do accept any punishment
02:46:38
that comes my way. >> Under Blelesian law, she could get as much as 5 years for negligent
02:46:44
manslaughter, but also as little as a fine without any more jail time. It would be an injustice to the family.
02:46:57
>> Ever since his funeral, Henry Jamat has watched over his family from a portrait
02:47:02
on the wall. >> The children would sit in the sofa and they play with him up there.
02:47:11
>> Jasmine lost custody of her children in 2022 and is not allowed to visit them
02:47:18
anymore. [Music] and giving the enduring mystery of exactly what happened that night.
02:47:25
Jasmine Hartin may forever live under a cloud of suspicion. >> It's haunting me.
02:47:32
I think about how his poor kids must feel being without their dad. And I wish I could take it back.
02:47:43
[Music] 48 hours. Don't miss an episode. [Music]