00:00:07
Being in the military and law enforcement, I've seen a lot of people die. I've seen a lot of really bad things.
00:00:20
But you never think anything's going to happen to you. Not that you're above it.
00:00:26
It always happens to somebody else. Nothing could have prepared me for what actually happened.
00:00:39
The deputy showed up at my door. >> [music] >> All he said was, "You need to call your dad."
00:00:46
My dad started crying and he told me that there had been a fire at my mom's house.
00:00:54
The only people living in the house was my mom, Becky, her boyfriend, John, and my little sister, Becky. [music]
00:01:02
We're still waiting for positive identification on three bodies found in a burned-out home in Pinion Pines.
00:01:08
We knew right away that everyone was dead. Maybe my mom fell asleep with a cigarette
00:01:15
or a gas leak. But what happened was much, much worse. I learned >> [music] >> that Becky was found
00:01:26
in a wheelbarrow. Apparently, [music] she had been placed in this and set on fire.
00:01:34
My baby sister was gone. This was the front of the house and the wheelbarrow was found here.
00:01:42
>> [music] >> We know that it was bought to this spot because there were tracks rolled out
00:01:47
that way. Why bring her body towards the front of the house? We think it was to pose her
00:01:53
and they wanted to leave some kind of symbol. Make it as personal as possible. That's hate.
00:02:00
She was obviously [music] the target. When I heard the wheelbarrow situation, [music] that's when I knew it
00:02:08
was him. Waiting for my precious boyfriend. Say hi, Robert. >> Hi, guys. Because he had threatened to
00:02:14
kill her. A lot of the evidence pointed toward Robert Pape and Kristin Smith. Robert Pape was Becky's ex-boyfriend.
00:02:23
Kristin Smith was Robert Pape's best friend. 7 years. 7 years went by before anything
00:02:31
happened. [music] Yesterday, police arrested 25-year-olds Kristin Smith and Becky Friedli's
00:02:37
[music] ex-boyfriend Robert Pape. We know Robert. And anyone who knows him knows how
00:02:43
ridiculous the accusations [music] are. My son, Christian, saves lives. He's saved lives in Afghanistan. [music]
00:02:53
He doesn't take lives. There's no way. It's all very obvious that [music] there's no way.
00:03:02
Robert Pape [music] and Kristin Smith are accused of three counts of murder. >> [music]
00:03:17
>> And if you just look at all the evidence, it just doesn't fit. It doesn't work. This is not the case that
00:03:23
should be brought against these two men. There is not a doubt in my mind that they have the right people.
00:03:29
>> [music] >> I I know that they do. >> [music] [music] >> 48 Hours: Murder in Pinyon Pines.
00:03:55
It was a vicious triple homicide, but there were almost no clues left behind. That's because a fire consumed the crime
00:04:03
scene, destroying vital evidence. With the investigation hampered from the start, it would take nearly 12 long
00:04:11
years to bring this case to trial and to its emotional conclusion. Troy Roberts brings us the murder in
00:04:20
Pinyon Pines. >> [music] >> This foundation is all that remains of the Friedli home in Pinyon Pines,
00:04:40
[music] California. On the evening of September 17th, 2006, Tanya Friedli's childhood home was
00:04:49
burned to the ground. There's not a day that goes by that I don't think about what happened.
00:04:56
I miss them every day. Inside the home, investigators have found the bodies of Tanya's 53-year-old
00:05:04
mother, Vicki Friedli, and her 55-year-old boyfriend, John Hayward. It was later determined they had both been
00:05:11
shot. The homicide unit is treating this as a homicide. Outside in a burning wheelbarrow were
00:05:19
the charred remains of Tanya's 18-year-old sister, Becky. Her body too badly burned to determine the cause of
00:05:25
death. The worst part is is that's my baby sister. I was supposed to be the one to
00:05:32
protect her and be there for her. That's my job. Tanya, then a deputy sheriff in another
00:05:41
town, relayed the devastating news to her sister, Drew, an Air Force medic stationed in Japan at the time. I think
00:05:48
it's just mortifying when you find out that somebody could be that horrible and sinister. Like something you'd see in a
00:05:56
a horror flick as opposed to real life. For Drew and Tanya, it's hard to reconcile that horrific murder scene to
00:06:03
their storybook upbringing on [music] the property. Their father, Ron Friedly, had built
00:06:09
their home himself in the mountains high above the desert heat of the Coachella Valley.
00:06:14
>> [music] >> It was just a nice place. It was country. It was definitely out of
00:06:19
the city and I liked it. It was a great place for the kids to grow up. Ron doted on his daughters, and so did
00:06:26
his wife, Vicki. My mom was just a very kind-hearted, wonderful woman. She loved
00:06:31
being a mom. Um, she loved gardening. She loved sewing and quilting and cooking. You
00:06:38
know, that was really important for her to teach us how to cook even from a very, very young age.
00:06:44
The youngest of the sisters was high-spirited Becky Friedly. Becky was always just an amazing
00:06:51
person. I mean, even when she was small, always had a smile on her face. She was
00:06:57
always there for you. She was smart. Becky used to actually help Tanya and Drew with their homework.
00:07:05
And and you know, she's 4 years younger than them. She got along with everybody.
00:07:09
She really did. She was just a fun, happy person. But the happy times as a family didn't
00:07:17
last. Ron and Vicki divorced after 13 years of marriage. She was a good person, but we we sort of grew apart.
00:07:27
As the years passed, Tanya and Drew also left home. Becky remained behind with her mother, who eventually found love
00:07:34
again with contractor John Hayward. My dad called Vicki his cupcake because she was just so sweet.
00:07:44
Kitty Hayward is John's daughter. They were drawn together because they both loved the outdoors and they loved living
00:07:51
up there together and I would be like, "Dad, why are you guys living up here? Just come down to the city. There's What
00:07:58
is up here?" And he would always say like, "It's free up here. No one will ever bother us and this is the safest
00:08:03
place that you can be." Then came that night in September. At first, no one could imagine who would
00:08:12
want to hurt John, Becky, and Vicki. I really had no idea. The finger was being pointed at
00:08:19
everyone, I think. There were all kinds of rumors. Rumors started circulating that perhaps
00:08:24
they had been murdered by someone with a grudge against Ron Friedli. Ron had retired the year before from the
00:08:32
Riverside County Sheriff's Department. Did you believe that this may have been some sort of retribution for your work
00:08:40
in law enforcement? No, I I really didn't. I'd never really was involved in anything where somebody
00:08:48
would have said, "I want to get back at this guy." I didn't have that kind of career.
00:08:51
>> So, you had no enemies that you know >> Not really, no. Investigators looked into that theory
00:08:56
and quickly ruled it out, but then rumors began swirling about Ron Friedli himself. I mean, it's just natural to
00:09:03
think that um possibly the the husband or family could have been involved and I and I
00:09:09
understood that going into it. Um >> Were you interviewed? Yes, I was. I was crying probably most
00:09:16
through most of it. Investigators asked Ron to take a polygraph test. That was probably the first time that I really
00:09:24
felt like I was kind of a a suspect. So, I got up there, I took the polygraph, and uh
00:09:32
the lady came out and she said, "This is one of the best tests I've ever given in
00:09:35
my career." She says it was it was incredible. You did fine. Phone records put Ron 11 hours away at
00:09:43
his property in northern California when the crime took place, and police ruled him out as a suspect.
00:09:50
But there was one person, a friend of Becky's, who says she knew immediately who was responsible. This was
00:09:57
intentional and he did it, and I've known since day one he did [music] it. >> [music]
00:10:19
>> In the first days after the murders, Ron Feedly was besieged with questions. None of us really knew why it occurred
00:10:28
or had a reason for it. The last thing I thought was that it was something to do with Becky.
00:10:35
But once the initial shock had subsided, Ron began looking at the crime through his investigator's eyes and came to
00:10:42
believe that it was Becky who had been targeted. It seemed too personal because of the fear Becky had.
00:10:49
She was really, really afraid of fire. When she was younger, her mom was fixing tacos and she had a pan full of hot
00:10:57
grease and Becky pulled it down off the stove and it burned on her chest. >> She had third-degree burns on her chest.
00:11:03
So someone that's with someone intimately would know that she had these scars and was scared of fire. Becky's
00:11:11
friend, Genie McDaniel, was suspicious about someone right away. So immediately when you heard the murders, your mind
00:11:18
went to Robert Pape? >> Immediately. Nothing else in my mind. There's nobody else that could have done
00:11:25
this. Robert Pape was Becky Feedly's ex-boyfriend. Robert got Becky a corsage. >> teenagers started dating in high school
00:11:34
and were together for over a year. Looks like you guys are getting married. At first, Becky and Robert seemed happy. I
00:11:41
think it was her first love. Dun dun da da. I just think she was madly in love with
00:11:47
him. Aw. But Jeanie says [music] Robert soon grew possessive of Becky. When her and I went
00:11:53
on vacation about 10 months before she died, he called about 20 30 times in a night. Just harassing her, wanting to
00:12:01
talk to her while we were hanging out with friends. 20 to 30 times? >> Mhm. In one night?
00:12:05
>> Mhm. With the I mean, minutes within each other. In January 2006, Becky and Robert broke
00:12:12
up and started seeing [music] other people, but according to Jeanie, Robert's obsessive behavior only grew
00:12:18
worse and took an [music] even darker turn shortly before the murders in September.
00:12:24
She came to my house 3 weeks before she died and said he had even threatened to kill me. Those are her exact words, he
00:12:28
even threatened to kill me. Why? She said because he wasn't taking the breakup well and he wanted her and
00:12:35
didn't want anybody else to have her. That's what she said to me. So, were you concerned for her? I was, but she gave
00:12:42
me the impression that it wasn't [clears throat] a big deal. And so I kind of just took her word for it and
00:12:48
let it go. But after the murders, Jeanie says she went straight to the Riverside County
00:12:54
Sheriff's Department with her suspicions. As it turns out, Robert Pape was already
00:13:00
on their radar. Everyone was whispering about Robert. They moved pretty quickly in in the direction of of Robert. There
00:13:07
was a lot of little tiny bits of information from different sources. One of those sources was Becky's close
00:13:14
friend, Javier Garcia Jr., who had given investigators an interesting bit of information. On the night of the
00:13:20
murders, he says Becky had told him she was going hiking on her property with Robert and his friend Christian Smith.
00:13:27
Tonya Friedli believes [music] her sister probably just wanted to smooth things over with Robert.
00:13:33
My sister was a fixer. She loved with all of her heart. And she gave herself to everything she
00:13:41
did. Garcia Jr.'s lead placed Robert [music] Pape and Christian Smith at the scene of
00:13:47
the crime the night of the murders. With rumors [music] pointing towards the two men, the Friedlis were sure that the
00:13:54
case would soon be solved. I kind of felt a sense of relief um that they would be arrested.
00:14:00
But as surely as the momentum had started, it seemed to stop. The Riverside County Sheriff's Department
00:14:06
never publicly shared any details of the investigation or named any suspects. It was frustrating, but they just kept
00:14:15
saying they they didn't have it. They didn't have enough to to make an arrest. Private investigator Luis Bolaños saw
00:14:22
his friend Ron grow increasingly despondent. About two or three years into this, I'm getting updates from Ron
00:14:28
and I'm finding out that nothing's happening. This case has stalled. It's gone cold. Luis and Ron had met years
00:14:35
earlier at the Sheriff's Office, where Ron had been one of Luis's first training officers. Now it was time for
00:14:41
Luis to help his old teammate. I begged Ron for years, two or three years, let me do this for you. Luis had also worked
00:14:50
in the Riverside County DA's Office. Although they parted on bad terms, he was certain he could get things moving
00:14:56
again. I knew that we can get this back on the front page where it needed to be um and get those phones ringing again. I
00:15:03
really wasn't ready because I really felt in my heart that I I thought the Sheriff's Department was going to solve
00:15:10
it. I really did. But as the sixth-year anniversary of the crime approached with no arrest in
00:15:17
sight, Ron finally gave Luis the green light. The media-savvy PI got to work and one of his first orders of business
00:15:24
was putting up this provocative billboard. We wanted to do a before and after. A beautiful picture of Becky
00:15:32
and then a simulated picture of Becky in the wheelbarrow on fire. It really really pulled at heartstrings and
00:15:38
sickened people. We believe the following to be true. Lewis also held a press conference at the murder site with
00:15:44
Drew and Tanya Friedley. We are in this because we believe this case can be solved. We know
00:15:51
somebody out there knows something. Over the next year, tips started [music] coming in. One of them from Becky's
00:15:57
cousin, Daniella Zermeño, who remembered [music] something that might help investigators.
00:16:03
I had spoken to Becky the night before the murder and she told me that her ex-boyfriend, Robert, had come into her
00:16:11
work at Denny's and was harassing her. He had harassed her to the point of being removed from
00:16:19
the restaurant. Daniella says after the altercation, they had discussed going on that hike.
00:16:25
And I think talk about whatever their relationship was, how it was finishing and where it was. And on the seventh
00:16:32
anniversary of the crime, Lewis held yet another press conference at the murder site with Daniella by his side. The
00:16:39
suspects then ignited the accelerant and in turn engulfed Becky in flames. Ron believes all the media pressure paid
00:16:47
off. A few months later, the DA's office subpoenaed Robert Pape and Christian Smith to appear before a grand jury. It
00:16:55
was just stirring the pot. There was something on the news every day about it and I think they just said,
00:17:02
"All right, let's go do something." And they did. As the grand jury drew to a close, there
00:17:07
was news. You're watching KESQ, the desert's news leader. Two arrests after nearly eight years in the Pinyon
00:17:15
[music] Pines murders. Pape and Smith were arrested for triple homicide. I was very happy. It was probably the
00:17:22
happiest day of my life. But as investigators were sure the killers were finally in custody, two
00:17:28
families say they are just as certain the men are wrongfully accused. Innocent till proven guilty is a myth. It's
00:17:36
guilty till proven innocent. [music] And the truth's going to come out. It will come out.
00:17:58
For over 7 years, the families of Becky Friedli, [music] her mother Vicky, and John Hayward have been waiting for this
00:18:05
moment. My heart was in my stomach seeing them in the jumpsuits and seeing them in the flesh and seeing them
00:18:12
handcuffed. Robert Pape [music] and Christian Smith, both 25, found themselves in a Riverside
00:18:19
County Courthouse charged with triple homicide. Both pled not guilty. I think they thought they were going to get away
00:18:26
with it. But these two men hardly fit the image of typical defendants. Neither have criminal records.
00:18:33
Christian Smith is married and a decorated war hero. Robert Pape is also married and an
00:18:39
active member of his church. I had a really hard time just keeping it together, you know. Robert's sister
00:18:46
Christy struggled seeing him accused of the brutal murder and burning of three people.
00:18:52
Somebody like him >> [clears throat] >> someone like him being put in that position
00:18:57
it's really hard to watch. Christy and Robert's mother Kathleen say he is innocent and not the man he has
00:19:05
been portrayed as in the media. They tried to make him out to be a monster, a jealous monster, and he just isn't that.
00:19:12
What kind of man is he? Robert is an amazing person. He's got a good heart. He's got a gentle heart. Hardworking,
00:19:21
patient, honest. He's always there when you need him. He sort of takes care of all of us. Takes really good care of his
00:19:28
wife. Robert started dating his wife Sarah after his breakup with Becky. He and his wife both have this
00:19:35
tremendous heart for animals. He cares about people. He cares about animals. He's just got the utmost integrity.
00:19:44
And Kristy and Kathleen aren't Robert's only supporters. We've had no less than 10 or 11 people at every single hearing.
00:19:52
And there's been 30, 33, or 34 people at one of the hearings. Just coming to support. And the courtroom can't even
00:20:00
fit that many of us. People called us immediately after he was arrested, and they were like, "No, this isn't right.
00:20:07
Uh this is not the Robert I know." Also looking on in disbelief has been Christian Smith's father, John Conrad
00:20:15
Smith. I know my son didn't do that. I know he's not capable of that. Smith says his son is an honorable man, and
00:20:22
was living his dream serving his country in the military as part of the Army's elite 75th Ranger Regiment. It was in
00:20:29
Afghanistan that Smith says his son became a hero. He saved another man's life who was shot actually shot through
00:20:37
the lung. And I have a picture of him pulling him out, and two of his battle buddies, and Christian had one hand on a
00:20:45
rifle and pulling his his comrade out and firing back at Afghanistan. Christian has won commendations for
00:20:52
valor, and has been awarded two Purple Hearts. This one is when he was wounded, and he was shot through the arm.
00:21:00
He got this one. This one was when he took the grenade shrapnel. He deserves better than this.
00:21:10
I mean, he's put his life on the line for 5 years now. He's a good guy. Christian Smith may be a war hero now,
00:21:17
but investigators believe back when he was 17, he committed murder with his 18-year-old best friend, Robert Pape.
00:21:24
Christian Smith and Robert Pape had been really, really good friends in high school, and they both kind of beat to
00:21:29
the same drum. Robert Pape and Christian Smith both had an extreme fascination with fire.
00:21:35
Becky had complained about Robert and Christian to close friend Brandon Kugler Harrison. There's one time that they
00:21:41
were playing with fire, him and him and Christian, and that they were they set something on fire. I think it was a
00:21:46
match. I'm not 100% sure though, but I remember her getting mad at him over that and not talking to him for a couple
00:21:51
days. Did your son have a fascination with fire? No. No, there was no fascination. They were
00:21:59
not troublemakers. They were good kids. But prosecutors planned on using Robert's words against him. Just a few
00:22:05
months before the fire here in Pinion Pines, Robert had an instant message conversation with his then girlfriend
00:22:11
Sarah. In that exchange, Robert seemed to offer a solution to Sarah's problems with the next boyfriend. Well, if you
00:22:19
know where he lives, we can professionally burn his house down. Considering how Becky, Vicky, and John
00:22:24
were killed, it's very concerning statement. This is 8 months 8 months prior to the homicide.
00:22:30
The Riverside County Sheriff's Department and DA's office wouldn't comment on the investigation, but 48
00:22:36
Hours obtained a copy of the grand jury transcripts. During the proceedings, [music]
00:22:40
both men plead the fifth, but when questioned by police years earlier, they denied they ever went near Becky's house
00:22:47
and said they never had any intention of hiking with her. Robert and Christian told police during
00:22:53
the interview that they were heading to church that night. Apparently, they made
00:22:56
a phone call on the way there and the church was in fact closed. When those plans fell through, the boys
00:23:02
they headed back to Christian's dad's home to hang out and play video games. Where was your son the night of the
00:23:08
murders? You know what? I wasn't in town. Well, what did he tell you when you eventually saw him?
00:23:16
He said, "We were here." The boys said they eventually wound up at this middle school where they shot
00:23:21
paintball guns. Nobody saw Christian or Robert at the school playing paintball. Nobody. Their only alibi is each other.
00:23:30
But it was the boys' cell phone activity that night that raised the most red flags to investigators. They put
00:23:36
themselves on the other side of town, and the cell phones say differently. At 7:13 p.m., Robert's cell phone pinged
00:23:44
near the start of Highway 74, the road leading up to the Friedli home. Minutes later, both Christian and
00:23:51
Robert's cell phones went silent from about 7:30 to 10:00 p.m., the time frame investigators believe the murders took
00:23:59
place. They came out of their way to find Becky. Hard to say if John and Vicki were
00:24:06
collateral damage. Tracks and footprints at the scene placed Becky's attack near the desert
00:24:12
behind the house. Becky was then placed in a wheelbarrow and rolled back towards the house and
00:24:18
set on fire. What kind of evidence was recovered from the scene that links this crime
00:24:24
to these two young men? Well, we know that at the point where the wheelbarrow rolled from,
00:24:31
where they put Becky in the wheelbarrow, that they found a business card. And on
00:24:35
that business card, they eventually found DNA that was consistent with DNA belonging to Christian Smith.
00:24:42
Inside the home, it was determined Vicki had been shot with a .40 caliber handgun
00:24:47
and John Haywood with a shotgun before the house was set on fire. When investigators searched the boys'
00:24:53
homes a year later, they found shotguns similar to the one used in the crime. No
00:24:59
handguns were ever recovered, but in Robert's house, there were accessories to the type of gun that may have killed
00:25:05
Vicky. In that search [music] warrant, they recovered ammunition to a .40 cal and they recovered a holster to a Glock
00:25:13
.40. That's powerful piece of evidence. You believe that police have the right man?
00:25:19
Oh, I'm confident they have the right two guys. Absolutely. But defense lawyers charged
00:25:24
investigators ignored other possible suspects and that the evidence will never hold up at trial.
00:25:31
You have the wrong person here. >> [music] >> For Tanya Friedli, hearing the specific
00:25:53
details of the murders has been difficult. To think about how they must have been
00:25:58
pleading for their lives, how scared all of them were is horrifying. And believing that one of their alleged
00:26:07
killers was someone Becky once loved has been especially painful for Ron Friedli.
00:26:12
She loved him a lot. And and that's probably one of the saddest parts about the whole story is
00:26:19
you know, she loved him to death. And he threw it all away. Threw it all away. >> [snorts]
00:26:26
>> For nothing. But nothing is what defense lawyers say the state's case is based on.
00:26:33
And I kept looking for the proverbial other shoe. I went over it. I just didn't see it.
00:26:39
Richard Blumenfeld represents Robert Pape and says the case against his client is built entirely on questionable
00:26:46
and hearsay evidence. He points to Becky's cousin, Daniella Samaniego, who said Becky had told her about a fight at
00:26:53
Danny's the day before the murders. Robert had gone to Becky's restaurant and there'd been a scene, an argument,
00:27:01
and they'd been asked to take it outside and so on and so forth. That never happened. Never happened.
00:27:06
>> Never happened. Nobody could substantiate that that anything like that ever happened. Blumenfeld says a
00:27:12
grand jury should have never heard Daniella's testimony or the evidence about the IM exchange between Robert and
00:27:18
Sarah, in which he seemingly suggested burning down her ex-boyfriend's house. Blumenfeld argues it was said in a
00:27:25
joking fashion. Uh there were probably over 100 pages of these conversations and they took
00:27:33
one excerpt out of context. It was clearly not seriously said. Blumenfeld also denies that Robert threatened Becky's
00:27:43
life and says there would be no reason for him to be jealous or want to harm Becky because he'd already moved on.
00:27:50
He wasn't seeing Becky anymore, seriously. She was trying to uh revive their relationship, but he'd
00:27:55
moved on. He was with Sarah. Whether Robert had a motive or not, Christian Smith's alleged role never
00:28:02
made any sense to his attorney, John Patrick Dolan. The motive, if you can believe this, is
00:28:08
he's Robert's friend and he went along with him. That's it. There's no connection with
00:28:15
Christian and Becky. There's nothing that suggests he has any animosity toward her. It's a pretty weak
00:28:21
argument. Dolan thinks all the evidence is weak, starting with the boys' lack of
00:28:25
cell phone activity around the time frame of the murders. He says it doesn't prove anything.
00:28:31
It is unusual for for a teenager not to use their phone for 2 and 1/2 hours. >> Well, you could say that. You could also
00:28:37
say that he was having a shower, having dinner, and he had a paintball gun and he went out and tested it out near
00:28:43
middle school and he He make any calls for 2 and 1/2 hours. It's really not that uncommon at all. But before the
00:28:49
boys' phones went silent, there was that cell tower ping that put Robert and presumably Christian at the start of
00:28:55
Highway 74 up to Pinyon Pines. Didn't the ping show that Christian and Robert were somewhere near Becky's home?
00:29:04
Well, that's one of those really interesting anomalies cuz a ping doesn't show at all that Christian was anywhere
00:29:10
near that home. Dolan says that 3 minutes before Robert's phone pinged near Highway 74,
00:29:15
Christian's phone pinged off a cell tower miles away. And I can tell you that prosecution
00:29:21
going to have a hard time getting over Mr. Smith's phone being on the other side of the Coachella Valley when they
00:29:27
say Mr. Pape's phone was pinged sometime near the time that they would have had to be in ascent up the
00:29:33
mountain. But the state's FBI experts say cell phones at higher elevations sometimes
00:29:39
bounce off other towers. Pinging phones or not, investigators say there is hard evidence putting Christian
00:29:46
at the scene. That DNA on the business card. And that puts him there and we know that
00:29:52
he has denied ever being there. Dolan questions whether the DNA is Christian's as the prosecution says it
00:29:59
unequivocally is and argues that even if it is a match, Becky could have previously picked up the card from his
00:30:06
client. She carries it up to her house. She drops it on the ground. That doesn't
00:30:11
prove he was there. It simply proves he touched a card. And they have to have something more than he touched a card to
00:30:18
prove he was there committing homicide. And if Dolan dismisses the DNA evidence,
00:30:22
he says the gun evidence is almost laughable. What the argument was by the district
00:30:27
attorney was he had access to the kinds of guns that were used. Does Does that make anybody guilty
00:30:34
because they have access to the kind of gun that was used? With no ballistics, with no measurement, with no slugs, with
00:30:40
no nothing. And Christian's father says the entire argument is moot anyway as far as his
00:30:45
son is concerned because the guns were with him in another state the weekend of the murders.
00:30:51
They were with me. They got put in the trunk of my car. The defense believes that other people should have been
00:30:57
looked at more closely like Javier Garcia Jr. That friend of Becky's who had first turned investigators towards
00:31:03
Robert and Christian saying they were all going hiking. So, Javier says Becky says something.
00:31:11
How do we find out whether or not that's just him making up something because it
00:31:15
points things elsewhere? Some friends say Garcia Jr. wanted to be more than friends with Becky. And Dolan
00:31:22
and Blumenfeld point out that while their clients' phones didn't ping up in the mountains where Becky lived, Garcia
00:31:28
Jr.'s did. If you follow the route that he alleged that he took, it puts him right by
00:31:34
Becky's residence. Why was he driving in the area near the time that this took place? And I was
00:31:41
told that Javier Garcia would not testify at the grand jury unless he was granted immunity.
00:31:47
Why does he need immunity if he doesn't have anything to do with this? Dolan also points out that Garcia Jr.'s father
00:31:53
is an investigator in the DA's office raising questions about a possible conflict of interest. Interesting
00:32:00
question about that. There was an investigation by the way and to be fair we have to say the attorney general came
00:32:05
down and looked at it said doesn't look like there's any conflict of interest here. And and I accept that for now but
00:32:11
I don't accept it forever. He was extremely forthcoming with the police and was instrumental in the
00:32:16
investigation. Former federal prosecutor Eduardo Roy represents Javier Garcia Jr.
00:32:22
He says Javier's only role is that of key witness and not as a suspect. He was asked to testify before a grand jury.
00:32:30
Yes, he was. Did he? He did not. Why? We were there. And then it was decided that they didn't
00:32:36
need him. Did you ever ask for immunity for Javier? I asked to for them to be clear before I
00:32:46
made him available that he was not a target or a suspect of the investigation. Why?
00:32:54
Because I'm a very good lawyer, that's why. Roy says the reason why Garcia Jr. was
00:32:59
driving in the area before the murders was because he wanted to join the group going hiking, but Becky told him not to
00:33:06
come. So he turned around and went home and what the police did was track where he was. Police determined Javier Garcia
00:33:14
Jr. was back on the desert floor at the time of the murders and ruled him out as
00:33:18
a suspect. [music] And Daniel Zermeno independently backs up Javier's story that Becky planned to go hiking with
00:33:25
Robert and her friend the night of the murders. They had a definite plan to go hiking, the three of them.
00:33:32
The Friedleys believe the evidence, circumstantial or not, paints a damning picture.
00:33:38
When you put it all together, it's them. I can only hope and pray that a jury of
00:33:44
their peers will hear the evidence and come back with a guilty verdict. >> [music]
00:34:04
>> I call it the drive of tears. Almost every Saturday for the last 6 months, John Conrad Smith makes the
00:34:12
hour-long drive to visit his son at the Riverside County Jail. I just think about Christian
00:34:18
and I cry all the way up and all the way back. Smith says Christian has missed a
00:34:23
deployment with his unit and is all but certain to miss out on a huge life event.
00:34:29
His wife Jackie is about to give birth to their first child. He's not going to be there for that birth. He's not going
00:34:35
to be able to see that birth and it's horrible. I mean, he's taking it and he's taking it hard. And to see him in
00:34:41
that orange jumpsuit, it breaks my heart. It breaks his heart. Robert Pape's mother, Kathleen, has also
00:34:48
been having a hard time seeing her son behind bars. The thought goes through your head like,
00:34:53
will I ever be able to touch him? But there is another parent out there who wakes up each morning thinking,
00:35:02
these men are exactly where they belong. One of the first things I do in the morning is I get a cup of coffee and I
00:35:08
go outside. I think about Becky and I think about those two boys in jail. After years of waiting, the Friedlys and
00:35:15
Haywards feel they are one step [music] closer to justice as they wait for a trial date to be set.
00:35:22
It's a nice [music] feeling knowing that they're going to have to answer for what
00:35:25
they did. If the jury finds them not guilty, so be it. If they found guilty, then they're
00:35:31
going to pay for the crime that they committed. But the case was about to take an
00:35:35
unexpected turn. Eight years after the murders, the prosecutor assigned to this case walked inside this courthouse and
00:35:42
asked that all charges against Robert Pape and Christian Smith be dropped. A bombshell out of an Indio courtroom
00:35:49
today. Charges dropped. Really emotional. Yeah, I mean, I'm just happy. I'm numb.
00:35:57
Yeah, I'm happy he's coming home. Matter of fact, I'm going to go get him right now.
00:36:02
The DA's office offered little explanation for their decision. In a prepared statement, they said legal
00:36:08
issues had arisen during the grand jury proceedings against Robert Pape making it appropriate to ultimately dismiss the
00:36:15
charges against both men. The system worked. I have faith in my son and that's that's all I can tell
00:36:22
you. The dismissal was so unexpected that neither man was in the courtroom that day. Christian's dad broke the news to
00:36:29
him from outside the jail. You've been released. You've been released. Your mom and I and
00:36:36
everybody there everybody's here. The baby's on her way. We're just waiting for you to get the paperwork done and
00:36:41
for you to walk out that door. We're all waiting outside for you, son. And just a few hours later, Christian
00:36:54
Smith with Robert Pape closely behind walked out together. Christian held his 2-week-old daughter,
00:37:05
Zoe, for the first time. I just want to be with my beautiful baby girl and my amazing wife and
00:37:12
loyal family and >> [snorts] >> my brothers who are over in the military and have been loyal to me throughout
00:37:20
this whole thing. >> [snorts] >> I just want to I just move on with my life and put this behind me.
00:37:27
Robert's family was waiting for him at a location nearby. What was it like hugging your son
00:37:35
when he walked out? Oh my gosh. That first time holding him, you know, I just I didn't want to let him go, but I had
00:37:41
to scoot over and let let her hug him, let his wife hug him. >> [laughter] >> But it may not be completely over for
00:37:48
Pape and Smith. The DA can technically refile charges against the men if new evidence emerges.
00:37:55
Tanya Friedland has always been convinced that they had the right man. And I have thought about if they get
00:38:04
away with murder to know in my heart that Christian and Robert took my family from me
00:38:13
and could get away with it. I hope that they have to think about this every day for the rest of their
00:38:19
life. [music] >> [sighs] >> In June 2016, Robert Pape and Christian Smith were re-arrested for the murders.
00:38:34
The state says the charges were based on a new informant who claimed Smith had made an incriminating statement, better
00:38:41
cell phone tracking, and more evidence that links Christian Smith to that business card found at the crime scene.
00:38:49
And they say in 2018 in January, "Oh, we had a fingerprint match that we couldn't
00:38:54
make since 2006." Sounds a little fishy. Christian Smith's lawyer, John Patrick Dolan, says investigators had tunnel
00:39:03
vision. I think they began with the conclusion that my client and Mr. Pape are guilty and tried to collect evidence
00:39:10
to support that rather than evaluating the evidence and see where it takes them.
00:39:15
The trial began in April 2018, almost 12 years after the crime. Dolan and Pape's
00:39:21
new attorney, Jeff Moore, launched a vigorous defense, raising questions about the credibility of the state's new
00:39:28
informant, who has had his own legal troubles, and the accuracy of the cell phone tracking and forensic evidence.
00:39:37
This is about as paper thin case as I've ever seen. After more than a month of trial, the
00:39:42
case went to the jury. They would deliberate 10 agonizing days before giving word that they had finally
00:39:50
reached a verdict. Robert Pape and Christian Smith were found guilty of first-degree murder in
00:39:57
the deaths of Vicki Friedli and John Hayward. Pape was found guilty of second-degree murder in the death of
00:40:04
Becky Friedli. I waited 11 years, 9 months for this day, and I'm I'm very happy. There is no
00:40:10
closure. Becky's gone. Vicki, John, they'll never come back. But what the victims family see as the
00:40:17
right verdict is [music] viewed as a terrible injustice by two other families. Robert Pape's mother was
00:40:24
devastated. A jury has finally decided who was responsible for the murder of three
00:40:31
people in Pinion Pines. But the destruction left by that terrible night remains.
00:40:40
My sister was a beautiful person inside [music] and out. And I want that remembered.
00:40:48
I want to remember her for her. >> [clears throat] >> Not for how she died. >> [music]
00:41:17
[music] [music] [music] >> This is Cassie [music] Harris, a mother who's lost custody of her newborn baby.
00:41:55
Sleeping outside so she can breastfeed her infant every few hours. I'm coming. But that's not where this remarkable
00:42:03
story begins. Cassie fell in love with Billy Fox, a dad great with kids. [cheering]
00:42:10
He's funny, nice, loving. They became a family, happy, growing. >> With Cameron, he was a perfect baby.
00:42:17
Then, one Friday night, everything changed. It sounded like they hit hard. Let out a gasp of air. He just ran in.
00:42:27
He was frightened. [music] I tried to do rescue breathing for him. >> [snorts] >> Billy and Cassie say Cameron's death was
00:42:34
a tragic accident. But as Susan Spencer reports, that's not how the doctors see it. Somebody in that family killed this
00:42:41
child. Billy is accused. I'm a baby killer. Cassie swears he's innocent, and then she's forced to give
00:42:49
up her other children. >> Taking a newborn baby away from its [music] mother is a pretty drastic step.
00:42:56
But is it all a tragic mistake? 48 Hours Investigates, prime suspect. >> [music]
00:43:22
>> Welcome to 48 Hours Investigates. I'm Lesley Stahl. It seems like more than any family should have to endure. The
00:43:30
loss of a child is always tragic, and then it's made even worse when suspicion points inside the home at a man who has
00:43:38
a great reputation with kids, Billy Fox. What's more, this is a family that seemed to be overcoming the odds and
00:43:46
getting a long overdue chance at happiness. Susan Spencer reports on the search for
00:43:51
justice in the death of a child. But is it really a rush to judgment? >> [screaming]
00:44:12
>> I've been a single dad for over 4 years. Come on, Rocky. >> [laughter] >> Get it. I don't go fishing, hunting.
00:44:20
That's my hobby. My kids and their friends and, you know, coaching soccer. Good shot, Vicky. 33-year-old Billy Fox,
00:44:30
father of two, soccer coach. 1 2 3 GO! >> [screaming] >> TO ALL APPEARANCES, an all-around
00:44:38
regular guy. Officer Harold, Police Department. But Billy Fox is about to turn himself in to
00:44:47
the police. I know. His mother and girlfriend, Cassie, look on as police book him in
00:44:54
the death of a baby. A charge that could put him in prison for the rest of his life. He's a soccer
00:45:01
coach. Raised his kids. And it's it's wrong. It's really wrong. Cross it! >> [cheering]
00:45:22
>> BILLY FOX MAY BE ONE OF THE LAST people in Wichita Falls, Texas, you'd ever think would hurt a child.
00:45:30
Rocky. Friends say that when he's not coaching soccer, Billy is a devoted single dad. He has full custody of his
00:45:37
kids, Skyler and James. He did everything I mean he cleaned house, he cooked. My dad was a good cook
00:45:44
though, like he was better at the more cookout kind of stuff. Just a regular dad. He's funny, nice, loving, big time.
00:45:51
What attracted me so much to Billy is what a wonderful father he was. Cassie Hearing first met Billy in the fall of
00:45:59
2000, a few years after his divorce, when Skyler was eight and James was 11. Our first date was Halloween and we took
00:46:09
the kids, the neighborhood kids, trick or treating. Cassie also was raising two kids on her own. Here's the first
00:46:15
picture of Payton and Cameron. That was a Payton was 2 years old >> Cameron was he weighed 7 lb 4 oz.
00:46:21
Perfect complexion. And Cameron, a newborn. Cassie and her husband had split up a few months before his birth.
00:46:29
With Cameron, I loved him like he was my own and he to me was he was a perfect baby.
00:46:36
Here Skyler, here's your dad. In a matter of months, they all were under one roof. Having little brothers
00:46:44
was fun cuz I got to like teach him to do stuff. Payton you know, like he just started
00:46:50
gradually calling my dad dad. It felt like life was really kind of getting better to where you know, I got got a
00:46:56
mom, I got you know, like a bigger family kind of thing. It just felt natural. We were on our way to being
00:47:04
a great happy family. But in less [music] than 6 months, events would shatter this new family.
00:47:18
May 11th, 2001. The kids were outside playing basketball and playing in the yard. A Friday,
00:47:26
around dinner time, an ordinary evening. 7-month-old Cameron was playing on the living room floor.
00:47:38
When Billy's son James came inside, Billy asked him to pick up Cameron and bring him to the kitchen.
00:47:45
I was folding clothes on the table, on our little kitchen table. And how did you trip? I tripped on my
00:47:52
shoelaces. Cameron's head hit the kitchen floor. Concrete covered by a layer of tile. And
00:47:59
Cassie was getting frantic because we we heard him hit. It sounded like they hit
00:48:04
hard. Fearing that Cameron was badly hurt, they rushed [music] him to the emergency
00:48:11
room at United Regional Health Care. When you got [music] to the hospital, what did the doctors tell you?
00:48:18
He treated me like I was an idiot. I mean, like there is nothing wrong with him and I knew something was wrong. And
00:48:24
I remember his eyes rolling the back of his head and that really scared me and he had some foam coming out of his
00:48:30
mouth. X-rays showed no skull fractures and doctors told Cassie her son would be
00:48:35
fine, but to bring him back if his condition worsened. Were you satisfied when you left the
00:48:43
hospital that it was going to be okay? I felt uneasy, but I believed the doctor. I felt reassured by the doctor.
00:48:55
But the next day, Billy and Cassie both say Cameron just wasn't himself. On Saturday we went to the water thinking
00:49:02
that he would want to swim and you know, would be happy in the water cuz he loved the water and it was
00:49:10
like he didn't even you know, I don't he didn't even want to do anything. It's like he doesn't even
00:49:16
know who we are, like he has amnesia. Did you think about going back to the doctor? I I just trusted what the doctor
00:49:23
said. I went with the understanding that he said he's going to be a little groggy.
00:49:32
One day later, Sunday around 5:00, Cassie and Skyler decided to go shopping. When they left, Billy and
00:49:39
Payton were on the couch watching cartoons. Cameron was asleep in his crib. >> Cameron woke up.
00:49:47
So, I went back there and got Cameron out of his crib, made Cameron a bottle and tried to feed it to him.
00:49:55
And then, says Billy, within seconds, >> [music] >> Cameron began to have a seizure. He took
00:50:00
about two sips, and his hands started twitching, and he let out a gasp of air, like he was choking, and so I just
00:50:10
immediately picked him up. Billy rushed the baby to a neighbor, a nurse who lived right down the street.
00:50:18
Why didn't you call 911? Because he wasn't breathing. And I knew that I had a a registered
00:50:24
nurse four houses down. He just ran in. He was frightened. He was scared to death. Tammy Edwards
00:50:34
was getting ready for work. I took the baby from him, and I laid him down over here on the couch,
00:50:41
and I tried to do rescue breathing for him. And she couldn't get his airway, couldn't get air to his
00:50:49
airway. Each breath that I could not get in, I just looked at him and I said, "Billy,
00:50:53
this is not good." When he When he went limp, >> [snorts] >> I didn't know. I just
00:51:08
It It's a I'll probably never have another feeling like that in my entire life. And I just looked at him and told him to
00:51:15
call 911. An ambulance arrived within minutes and sped Cameron to the hospital. I I was in shock. I was terrified.
00:51:26
And that was rough. Cassie raced to the emergency room, only to discover that Cameron was about
00:51:34
to be flown to Fort Worth, Texas. By the time she and Billy got there, to Cook's Children's Hospital, there was
00:51:43
little hope. I think that was like the last time I guess, I mean, I knew something was really
00:51:49
really bad. Cameron Herring, not yet 8 months old, died the next day. It's like the more
00:51:59
the time goes on, the more I think, I don't have my baby. I don't have my child, and he doesn't have his mommy.
00:52:09
But how did Cameron really die? Somebody shook this child very violently. I just don't see it that way. The
00:52:16
medical experts weigh in. Billy Fox is the prime suspect. >> I'm not a baby killer. Is he telling all he
00:52:26
knows? >> [music] [music] >> I mean, I remember sitting in the emergency room, and
00:52:53
everything collapsed. Cassie Herring is sure her son's death is a result of a fall Friday night when his head struck
00:53:00
the kitchen floor. I mean, I remember I kept telling everybody, you just don't understand.
00:53:06
It's from Friday night. It's from Friday night. No, it's not an accidental sort of thing. It's I'm angry. I'm shaking.
00:53:12
>> But neurologist Jeffrey McGlothlen and several other doctors who examined Cameron
00:53:17
are convinced that the baby's fatal injury had nothing to do with his fall on Friday. Having been dropped 2 days
00:53:25
before doesn't give you the picture that we saw that morning in the intensive care unit.
00:53:31
They kept telling us somebody did this. Somebody did something to him, and we kept saying, you don't understand. You
00:53:37
know, he hit his head Friday night. In fact, police and social workers began their investigation before Cameron even
00:53:44
was pronounced dead. It was like their mind had already been made up. No matter what she told the hospital doctors,
00:53:50
Cassie says they insisted Cameron's death was no accident. >> [music] >> Medical examiner Dr. Mark Krause agrees.
00:54:01
Somebody in that family killed this child. To me, the evidence is clear and convincing. After completing his autopsy
00:54:07
on 7-month-old Cameron, Krause thinks he can pinpoint how and when Cameron died.
00:54:16
>> He died from a blunt head injury that was inflicted on the early Sunday afternoon.
00:54:21
Whoever was around him at the moment he became unconscious is the person you should be looking at.
00:54:27
>> [music] >> And who was the last person with Cameron on Sunday before his fatal seizure?
00:54:33
Anyone that knows me knows I would never hurt a child. Billy Fox. In December of 2001, Billy Fox was
00:54:42
charged with injury to a child. Maximum sentence, life in prison. >> What they're going on is an autopsy
00:54:50
report that labels this as a homicide. All right, fine. Billy hired defense lawyer Bob Estrada. Do you want to just
00:54:58
come on down and we'll It's It's already been a hard, grueling road for them. And
00:55:03
on top of having a baby die, then the accusing finger's been pointed to them. Billy and his lawyer are up against the
00:55:13
medical examiner's report. A damning document. >> An injury to the part of the brain that
00:55:19
you described causes immediate unconsciousness, no regaining of consciousness. The person
00:55:25
>> Dr. Krause says Cameron's brain injury was so severe, the baby would have been
00:55:29
unconscious just seconds after it occurred. Instantly. Yes, ma'am. Not >> 10 minutes, not 15 minutes? No.
00:55:41
Therefore, says Dr. Kraus, that brain injury could not have happened on Friday. Because Cameron never would have
00:55:50
survived for two more days. If that part of your brain is injured, you are not walking, you're not talking.
00:55:55
>> I mean, you say someone did this. What do you think someone did? Most likely propelled the child into a relatively
00:56:01
soft surface of padded flooring, couch cushion, mattress, you know, kind of over the shoulder motion.
00:56:08
Uh like the guys do spiking a football or slam dunk. I didn't do it. You had nothing to do
00:56:13
with this child's death. I love Cameron with all my heart. Not even something that was a freak
00:56:19
accident, a sudden outburst of temper, whatever. >> [snorts] >> No. Absolutely nothing. It's just as you
00:56:26
describe. Bob Estrada believes completely in his client. >> The last guy in the world that you would
00:56:33
figure would do anything like this. Insisting that Billy Fox is just not capable of hurting a baby. Why do you
00:56:41
strongly believe these people? Well, for one thing, I mean, I've gotten to know them over a period of time. Come
00:56:47
on, James. Come on, Skylar. You know, I've seen how they react with their own children. See y'all tomorrow.
00:56:53
I see how Billy is. And Estrada has found his own experts who look at the same medical records and
00:57:00
believe Billy's story. The injuries that this little boy received are entirely consistent with and directly
00:57:08
attributable to the fall that he had two days earlier. On Friday. >> Dr. Ronald Uszynski, a neurologist who
00:57:14
has specialized in pediatric head injuries, Let me have some suction. believes Cameron began to have internal
00:57:21
bleeding around his brain after he fell and hit his head on Friday. It was the effect of the blood
00:57:29
on the surface of the brain provoking a seizure. When he seized, he obstructed his airway
00:57:34
and he aspirated and he died. Nothing in your mind need have happened on Sunday.
00:57:39
That's correct. That's absolutely correct. Nothing need have happened on Sunday. You absolutely believe that a
00:57:45
child can die from a short fall and in fact can die 2 days later in essence from a short fall.
00:57:52
Yes, I do. If little falls could kill us, then none of us would make it to 5 years old. This
00:57:57
doesn't make sense. My kids >> Bolster their case that Cameron was injured on Sunday, the state turned to
00:58:03
Dr. Randall Alexander, an authority in the field of pediatric head trauma. >> Somebody, some adult-sized person,
00:58:11
um, shook this child very violently. Um, perhaps also hit their head against something in the process of that. And
00:58:17
from that point on the child, um, basically was unconscious and dying. The prosecution's expert witnesses agree
00:58:23
on one thing, someone did something that Sunday. But they disagree exactly as to
00:58:29
what. And that could be very confusing for the jury. Dr. Kraus thinks the baby was thrown against something soft, a
00:58:36
mattress. Mattress. >> Pillow? Couch cushion. Dr. Alexander thinks he was shaken first.
00:58:42
>> We're talking about shaking, the kind we see with shaken baby syndrome. Looks
00:58:45
more like this. Whoosh. This is a brain-breaking force. Once they have this, they're not recovering.
00:58:54
Attorney Bob Estrada thinks this battle of the experts actually could help his client. If the experts cancel each other
00:59:01
out, is the trial going to come down just to, uh, whether they believe that this father could do this?
00:59:06
That's my strategy. That's where I think the heart of the trial is. I'm innocent.
00:59:13
I'm I'm not a I'm not a baby killer. You feel so empty, you don't want to go on.
00:59:25
But yet you have to go on [music] for your other kids. Thinking of you like you're going to lose your dad kind of
00:59:29
thing. That's not really good feeling and then I mean, you've already [music] lost one
00:59:35
thing and they're going to take another one away. But even as Cassie, Billy, and
00:59:39
their kids prepare for a trial [music] that could send Billy away for a long time, We have fought so hard to keep our
00:59:46
family together. They're about to face another loss. Authorities now are threatening
00:59:52
>> [music] >> to take away 2-year-old Payton. Cute. Tell mommy bye-bye. Bye-bye.
01:00:03
>> [screaming] >> It's like I don't even know how to explain it. It's like a big piece of you is missing
01:00:25
and it'll never come back. Cassie Herring has said goodbye to her infant son, Cameron.
01:00:31
I never doubted Billy at all. Even the day they told me that my son was brain-dead and that um they felt like
01:00:38
Billy was responsible. I knew he was innocent. But it's quickly apparent that her belief in Billy Fox's innocence will
01:00:46
come at a high price. This is Payton and Cameron's favorite toys. They played with it [music] a lot
01:00:53
and they used to fight over it. A court takes away her other son, 2-year-old Payton, contending he could be at risk
01:01:01
in the Fox household. I've got him and I know he's in safe hands, you know, I know he is. Payton will live with
01:01:07
Patrick Herring, father to both Payton and Cameron, even though he hasn't seen much of Payton in the year since his
01:01:14
bitter split from Cassie. I was scared to death for Payton. You know, Cameron's death wasn't an accident. So, therefore,
01:01:20
I do know that something was wrong and something went wrong in that house. I feel we have done nothing wrong to
01:01:27
have Payton taken away from me. Cassie vows to fight for her son. [music] So, we'll put this before the judge and let
01:01:33
let him make a decision on it. >> And hires a custody attorney, Diane Smith, to help her.
01:01:38
>> I'm going to go in front of the judge and I'm going to tell the judge I want my son back. I want my son back.
01:01:44
I am not going home without my son. From this whole thing, you are guilty until proven innocent. But Billy, facing
01:01:51
charges in the death of a baby, >> You want to be with your family as much as you can be. isn't allowed to see
01:01:57
Payton until his criminal trial is resolved. My sole purpose is to raise my children and take care of them. And
01:02:04
Cassie, who is facing no charges, is allowed only a few hours a week with her son.
01:02:09
>> Oh, you got blue stuff on. Give me kiss. I missed you. And those visits here in this community
01:02:16
center must be supervised. What do you see out there? All the windows have bars on them.
01:02:24
The door's locked. There's a video camera up there to make sure I don't try to snatch him
01:02:30
or anything. >> [groaning] >> But pretty much as long as you get to visit with your kids, it's all that
01:02:36
matters. >> I'll see you next time. Give me kiss. Bye, Payton. Bye. I love you. Love you.
01:02:49
Okay. Y'all want to help put everything together real quick? >> Yeah. Just move it right here. When Payton's
01:02:55
third birthday rolls around, >> Is the tape in there? Yeah. It's got to come set these on the table. James, I'm
01:03:00
going to give you these balloons and you can tie the strings and chairs or whatever. Cassie goes all out to
01:03:05
decorate the community center for a party. Don't they look cute? That's the one.
01:03:21
>> [laughter] >> Hey. The minutes tick by, but no Payton. They're not here yet. We're just kind of waiting. Have they
01:03:29
heard anything? Finally, Cassie learns that her son is sick. >> He's got the stomach flu. And won't be
01:03:35
able to make his own birthday party. It happens all the time. He's always sick. Always sick. Despite the intense
01:03:43
disappointment, He's not going to be here. I guess we'll go ahead and cut a piece. Cassie insists
01:03:50
this party is not canceled, We'll have his party even if it's 2 months from now. only postponed.
01:03:58
Y'all ready? You ready, James? You ready, Grandma? A week later, in a desperate attempt to
01:04:10
regain custody of Payton, Cassie and her lawyer convince a judge to call an emergency hearing. There, they use the
01:04:18
birthday party incident to argue that keeping Payton with his father is dangerous to the child's health,
01:04:25
pointing out that Payton has been sick a lot recently. You can go right right here. And so, we
01:04:31
asked the court to grant Cassie temporary custody until a hearing could be held. Here's all of our originals.
01:04:37
It's a desperate move, Go ahead and wait outside the court. and a long shot. But it works. Yeah. Oh my god. Oh dear.
01:04:52
>> [crying] [laughter] >> The court rewards Cassie temporary custody of Payton. Thank you
01:04:58
>> [laughter] >> so much. Thank you so much. Can they go pick you up now? >> [gasps]
01:05:05
>> Thank you so much. As they get ready to pick up Payton, Hey, I just I cannot wait to get him.
01:05:14
They're blindsided. I got a call from Sheriff Callahan and Judge [clears throat] Purcell has recinded
01:05:19
this. After the judge is briefed on the charges against Billy, he changes his mind. Opposing counsel got it recinded.
01:05:26
Peyton will stay with his father. Why did he do this sign that? Uh, I can't tell you, Cassie.
01:05:35
Well, let's go home. I felt like Peyton was ripped away from me and I'm going to fight till the day I
01:05:45
die for my son. As Cassie vows to keep her blended family together, Billy and attorney [clears throat] Bob Estrada
01:05:52
prepare for trial. >> You're charged with injury to a child. The stakes can potentially be very high.
01:05:59
Both well aware that a life sentence hangs over Billy's head. Anyone that knows me knows I would never hurt a
01:06:05
child. >> But others in the community do have doubts. The soccer league where he's
01:06:10
coached for years suddenly bans him from coaching until his criminal trial is resolved.
01:06:15
>> There's not a person I know that doesn't support me. The news prompts an outpouring of support from parents,
01:06:22
friends, and teachers. He's wonderful with my children. You all right? You're not drinking
01:06:28
enough water. I've never seen anybody love kids like he did. That was a good shot. Billy was a big fixture here at
01:06:37
the school. He was a very involved dad. Two. The response forces the soccer association to take another look at
01:06:45
Billy's suspension. Hi, Black. Bob, I was calling to find out if you'd heard from
01:06:53
>> Oh, you bet. It's the decision of the committee that your coaching privileges are restored.
01:06:59
Okay, well, I appreciate it. Billy is reinstated. So, I get to go to today and you know, go back to
01:07:13
what I like doing the most, so I'm really happy. Hey, what's up, Billy? But Billy knows it's a small victory in
01:07:21
a bigger battle. >> When do WE QUIT? >> NEVER! >> [screaming] >> TO KEEP HIS FAMILY TOGETHER Peyton was
01:07:27
my little companion. I still wonder if he even would recognize me or and to prove his innocence. It was the worst
01:07:34
feeling in my life. Just all the life drained out of me. >> [snorts] >> Less than a year after Billy Fox and
01:08:00
Cassie Herring brought their families together, Billy faces a possible life sentence for the death of Cassie's
01:08:06
infant son, Cameron. But Cassie isn't wavering. She is convinced that Billy is innocent.
01:08:13
Both say it was an accident caused by a very hard fall at home. But several doctors are certain that
01:08:20
Cameron was in fact murdered. Because of that, Cassie has lost custody of her other son, Peyton.
01:08:27
But now, even as Billy Fox prepares to defend himself at trial, a dramatic new series of events is about to unfold for
01:08:34
Billy and Cassie and for their family. Here again is Susan Spencer. I just never thought things like that
01:08:55
happened. I never thought there was a possibility that Cameron would die or I mean, I never thought that.
01:09:03
Her boyfriend awaits [music] trial in the death of her son. But far from distancing herself from Billy Fox, I
01:09:11
never doubted Billy. I knew he was innocent. >> Cassie Herring [music] makes her
01:09:15
commitment to him official. We've gotten married, I guess. >> [laughter] >> Not only that, Look at all the gifts I
01:09:32
got. It's a playpen deal. but a baby is on the way. All this with Billy facing a possible life
01:09:43
sentence. He's 7 lb and 3 oz. In December 2002, Oh my gosh, he's beautiful. the Fox family welcomes its newest
01:09:56
[music] member, Bailey. >> [laughter] >> But 12 hours later, joy turns to sorrow. Can you go get me a
01:10:08
cleaning dish right here? Armed with a court order, two social workers from Child Protective Services arrive at the
01:10:14
hospital to take Bailey, not yet 1-day-old, away from his mother. >> [snorts] >> The family has an hour to say goodbye.
01:10:29
He's so pretty, isn't he? >> [snorts] >> Leaving him that day was almost like I had my heart ripped out.
01:10:44
Taking a newborn baby away from his its mother is a pretty drastic step. We certainly empathize with the mother, but
01:10:52
we you have to appreciate our side, too. Jeff Wool, the CPS spokesperson for Texas, makes no apologies for the
01:10:59
decision, believing Bailey could be at risk in the Fox home. That's our responsibility to make sure that
01:11:07
in an investigation like this, where a child has died, that the other children are protected. Cassie had offered to
01:11:13
leave Billy, move out, and raise Bailey on her own, but Child Protective Services said that wouldn't help. Why
01:11:20
not? Because their experts now believe that Cameron could have been injured an hour or two earlier than they originally
01:11:28
thought. That would include time when Cassie was still in the house. And so, in their eyes, she is now a suspect,
01:11:35
too. Cameron woke up, and his hand started twitching, and he let out a gasp of air. Remember,
01:11:46
Billy has said Cameron had his fatal seizure while Cassie was out shopping that fateful day in 2001.
01:11:53
Whoever was around him at the moment he became unconscious is the person you should be looking at. And the medical
01:11:59
examiner for the state has said that Cameron's brain injury was so severe, he would have been unconscious seconds
01:12:06
after it occurred. Instantly? Yes, ma'am. Not 10 minutes, not 15 minutes? No. But since other experts aren't so
01:12:17
absolutely certain as to time, Child Protective Services, CPS, now says it isn't sure who hurt Cameron. Either one
01:12:27
of them could have been the ones who actually inflicted the damage. We feel like there is evidence there that
01:12:31
suggests that Cassie may have been responsible for the death of Cameron. I mean, that's a case of reasonable doubt
01:12:38
in my mind, right there. To Billy's lawyer, Bob Estrada, CPS's position is a godsend, because it so
01:12:45
confuses the criminal case against Billy. I have no problem with the fact that they disagree
01:12:52
with the and with the district attorney. I want them to continue to disagree. Billy's new son, meanwhile, has been
01:13:00
placed with his grandmother, Donna. We promised him we'd go by the rules, and we do. Is the keys in the car? And
01:13:06
Cassie is allowed visits to breastfeed. It's an unusual arrangement at best. I'm
01:13:16
tired. Cassie arrives at Donna's for Bailey's 10:00 feeding. I have electric blanket plugged in to
01:13:25
the outside of the house. She takes the electric blanket and puts it in the car,
01:13:29
and then goes out there and sleeps in the car. To be there to feed the baby during the
01:13:35
night, Cassie must sleep in her van outside. I'm coming. Hello. Hello. She comes in at 1:00 and feeds Bailey.
01:13:51
Bailey, are you hungry? 45-minute timed feedings Are you ready to start typing it?
01:13:59
>> that must be videotaped. Look at that, Bailey. Cassie, Cassie, it's time to go. Okay.
01:14:11
Then it's back out to the van for Cassie until the next feeding. Every 3 hours >> Are you hungry now? all night. And
01:14:23
sometimes it's pretty cold out there, too. On this particular evening, it is 21°
01:14:39
>> [crying] >> Billy, meanwhile, is allowed only supervised visits with Bailey a few
01:14:45
hours a week. He's not the same person he used to be. Right now, he's very depressed. Is the
01:14:53
stress getting to him? I think it is. And with Billy's upcoming trial, that's what Bob Estrata is worried about.
01:15:00
They're going to ask you some questions that are designed to get under your skin. Estrata knows the prosecution will
01:15:06
hammer home its argument that Billy Fox is a child killer. Could be a rough trial. Could have a
01:15:15
verdict of serious consequences. And Billy's most important witness First of all, dress appropriately. probably will
01:15:23
be Billy himself. >> Good morning. My name is Bob Estrata, and I have the honor of representing Billy Fox
01:15:31
before you today. With just weeks to go, Estrata stages a mini trial to see if a
01:15:37
panel of mock jurors will buy Billy's story. Cameron was in the living room playing. Billy runs through the weekend
01:15:44
Cameron died. So, I'd tell James to to bring Cameron to me so that starting with his fall on Friday night. And when
01:15:52
he came through, he fell. So, we grabbed Cameron and we headed out the door to the emergency room.
01:16:01
The doctor told us he said, "Well, he he's going to be a little dazed." His seizure Sunday afternoon.
01:16:08
Well, then Sunday, and he just let out this a gasp for air like he was choking. It was the worst feeling in my life.
01:16:20
Just all the life drained out of him. >> [snorts] >> Just write one through five on each of
01:16:27
the direct boxes only. After Billy's testimony, Estrata realizes there is a lot of work ahead. I don't think he's
01:16:35
ready today. I think he's getting readier and readier. Only half the jurors believed Billy's story.
01:16:44
It may in the end [music] come down to you. Do you Do you want to take the stand?
01:16:48
I plan on taking the stand. [music] Can you do your own paperwork or do you need it done? I'll do it.
01:17:16
I spend time with my kids and my family. No, I got a fish. You catch one? Yeah. And Skyler's the best fisherman, aren't
01:17:24
you, Skyler? Uh-huh. I will try to make some special moments between now and then. That one.
01:17:32
You know, just just in case things did did go wrong, I could leave some memories. Billy Fox braces
01:17:42
himself for his upcoming trial, now only a few weeks away. You know, he doesn't know after the trial whether he's going
01:17:49
to go home to his family or if he's going to be in custody. The charge, injury to a child, carries [music] a
01:17:55
potential life sentence. But just 8 days before trial, It's a complicated case. >> Prosecutors, apparently worried about
01:18:05
losing [music] this case, unexpectedly offer Billy Fox a phenomenal deal. No jail time at all in exchange for a plea
01:18:14
of no contest. >> No contest, that is you're not admitting guilt. That is, Billy wouldn't have to
01:18:20
admit guilt, he'd only have to concede that given the evidence, a jury could find him guilty. You don't say you're
01:18:28
guilty, but you might as well if you say no contest. Billy says, "Forget it." We're not accepting the plea bargain. He
01:18:35
is not interested in any deal. I just think it's it's doing what's right for Cameron.
01:18:42
He's determined to clear his name. He's standing up and saying I'm an innocent man and I'm not going to do anything
01:18:49
that would make anybody think that I was anything but an innocent man and a no contest plea is not good enough.
01:18:56
April 17th, 2003. I will be putting my life in 12 individuals hands. >> State of Texas versus Billy Fox. Billy
01:19:05
Fox is [music] charged with injury to a child in the death >> And it's it's scary. Just minutes before
01:19:10
showtime Before proceedings were going to start, they said this is your last [music] chance. Billy has a complete
01:19:16
change of heart. He accepts the state's offer, 10 years probation for a plea of no contest.
01:19:26
It was a scary thought of just you know, not knowing what was going to happen to you
01:19:32
after you put your life in 12 people's hands. When you take a plea, I mean there is sort of an underlying
01:19:38
assumption that something happened here. And in fact, I mean you are the only person on the face of the earth who
01:19:43
knows what happened that day. And I know that nothing happened to Cameron on Sunday.
01:19:49
He was fine until he had his seizure. The criminal case now is behind them, but there will be more days in court.
01:19:59
And I'm going to fight to the day I die for my son. Fighting for shared custody of Cassie's son Peyton, who's been
01:20:06
living with his father. Give me kids, I miss you. And on this day for full custody of
01:20:12
newborn Bailey. Who's been in the care of Billy's mother. >> [music] >> Everyone here is looking out for the
01:20:23
best interest of Bailey Fox. Child Protective Services, which took Bailey away at birth, has done a complete
01:20:30
about-face and now is recommending his return. >> Texas law basically says that we should
01:20:36
for reunification where whenever possible. Doubly astonishing given that CPS still thinks one of the parents
01:20:43
caused Cameron's death. Medical evidence indicates that either Billy or Cassie were responsible for the
01:20:50
injuries that caused Cameron Herring's death. But the agency tells the court that despite its suspicions, it still
01:20:57
feels it's in Bailey's best interest to be home reunited with his parents. The judge agrees.
01:21:07
Oh, we're ecstatic. We're just ecstatic. Yay. You ready to go home? Say bye-bye.
01:21:23
It's kind of like bringing my newborn home and only case is Bailey's now 8 months old and I don't want to miss out
01:21:30
on any more milestones. >> [groaning] >> The Foxes feel they've a chance at last
01:21:40
for a new beginning. It's >> [music] >> hard without Cameron. But sadly one without Cameron
01:21:49
>> [music] >> who would have just turned three. Our family will never be the same. Our
01:21:54
you know, marriage [music] will never be the same. Our It just nothing will ever
01:21:57
be the same without Cameron. The American Academy of Pediatrics tells doctors that whenever they see injuries
01:22:06
they believe are caused by shaking, they should presume that it's child abuse. But critics say shaken baby is often
01:22:14
misdiagnosed. That more research is needed so doctors can better recognize what is evidence of child abuse versus
01:22:23
what might be just a tragic accident. >> [music] [music] [music] [music] >> You can't imagine the sleepless nights
01:23:15
for 30 years trying to hold on to painful memories because one day it might be important to [music] be told in
01:23:21
court. I was 23 years old. I worked third shift, 11:00 at night until 7:00 [music]
01:23:29
in the morning. It was March 11th, quarter after 7:00 in the morning. There was still a little bit of snow on
01:23:40
the ground. As I stepped on the porch, Clyde would usually happy [music] to jump all over me, but he cowered from me
01:23:49
and I thought, "Well, that was unusual." And I put the key in the door. And once I unlocked the door, then he
01:23:56
was jumping all over me like, "Oh, thank god you're here." And I didn't think much of it at the
01:24:01
time until I opened up the door. Uh I stood in the doorway for a while. I didn't want to believe what I was
01:24:18
seeing. My brain didn't want to accept what I was seeing. I was actually trying to hear [snorts]
01:24:29
her breath, and she just wouldn't breathe. Then all of a sudden it was, "Christopher,
01:24:36
is my son okay?" It was around 7:30 in the morning. Phone rang. Said somebody killed Marilyn last night. She was dead.
01:24:49
And I just started screaming. Not Marilyn. Not Marilyn. I am Carolyn Ron. Marilyn McIntyre was
01:24:59
my twin sister. Why would somebody do that to an 18-year-old? It was a heinous crime. [music]
01:25:07
That's what it was. I was there. I seen the body. My name is Lee Erdmann, and I was the
01:25:13
chief of [music] police in Columbus, Wisconsin, in 1980. We're looking for a mean individual. Not
01:25:21
a stranger. [music] It's someone in the immediate family or close friend. I knew it was coming. Her husband, nine
01:25:28
times [music] out of 10, usually is the guy that did it. I just automatically thought Lane.
01:25:35
I'm Brenda Daniels, Marilyn's older sister. Brenda and I did not agree from day one
01:25:41
who committed the crime. I couldn't tell you how many trips we made to Columbus Police Department. Same
01:25:48
runaround. We'll get back to you. There's nothing new. We never got enough information to secure a warrant for an
01:25:55
arrest. Somewhere along the line, Columbus dropped the ball. After 1983, this case went cold.
01:26:03
I am Wayne Smith, a lieutenant with the Columbia County Sheriff's Office. We take some personal pride in not
01:26:09
having unsolved homicides [music] in this county, and here we find out there is one, and and not only is it unsolved,
01:26:15
but it's, you know, nearly 30 years old. >> have preferred that. It was like an >> [music]
01:26:19
>> explosion. They thought it could be solved. It's something that shouldn't have taken this long. There was only
01:26:25
going to be one try at this. Witnesses were dying at this point. Memories certainly aren't improving after 30
01:26:31
years, so this was going to be it. Last chance [music] for justice. >> [music] >> Growing up in a small [music] town,
01:27:12
everybody knows everybody. It's been difficult, you know, not knowing [music] exactly what happened.
01:27:20
Growing up in Columbus, Wisconsin, 31-year-old [music] Christopher McIntyre thought he had an
01:27:25
idyllic small-town childhood. For the most part, I was happy and a normal kid growing up. Just like
01:27:31
everybody else. Until the day when he learned an awful truth. I guess I was about 9 or 10.
01:27:41
That's when my father decided to let me know the woman I thought was my mother, I
01:27:46
found out was not my real mother. He told me that you'll never meet your real mom. She's
01:27:52
she's gone. Chris was only 3 months old and asleep in his crib when his mother, Marilyn,
01:28:00
was murdered in 1980. His father, Lane, had struggled for years to find the right time to tell
01:28:07
him. I was waiting for him to get a little older. That had to be really tough to hear. Well, confusing and
01:28:14
tough, yes. She never got to hear Christopher call her mom. So much was taken away from her.
01:28:23
Carolyn Ron is Marilyn McIntyre's identical twin. Her world was torn apart when her sister was brutally murdered
01:28:31
nearly [music] three decades ago. It was hell. I turned to alcohol. My marriage [music]
01:28:38
failed. I wasn't there for my children. I think she feels like when Marilyn died, a big part of her died. Carolyn's
01:28:46
daughter, Tara Doucet, was born less than a year after Marilyn's death. My first memories are seeing my mom crying
01:28:53
on the phone about Marilyn. >> [music] >> As Tara grew up, she witnessed her mother's constant efforts to convince
01:29:01
the Columbus Police Department to reopen Marilyn's case. I couldn't tell you how
01:29:07
many detectives we went through. We didn't know where else to turn, where to go.
01:29:13
In 2007, [music] 27 years after Marilyn's murder, Tara decided to [music] take matters into her
01:29:19
own hands. She made a phone call that would prove to be fateful. Ironically, she called
01:29:26
the wrong number. I thought I was calling the Columbus Police Department and instead it was a number to the
01:29:33
Columbia County Sheriff's Department. I had never heard that there was an unsolved homicide within the county. It
01:29:38
wasn't in our record system. After reviewing the case, Detective Lieutenant Wayne Smith made a crucial
01:29:45
decision. The Sheriff's Department would reopen the investigation. You could tell right away that they
01:29:52
cared. They seemed shocked that it had went on this long. That's right in the living room where
01:29:59
she was found. As Smith and county detectives began digging into the old case files from 1980, their first
01:30:05
question was simple. Who was Marilyn McIntyre? She was my best friend. Marilyn and Carolyn Ron were born on
01:30:15
November 14th, 1961. [music] Only 5 years later, tragedy struck. Our real mother was
01:30:23
killed in a car accident in 1966. The twins, along with older siblings Brenda and Dean, were soon living with
01:30:32
their father and an abusive stepmother. It was all physically abusive, mentally,
01:30:39
verbally abusive. And it was mainly on Marilyn and I. And at the age of 13, we finally moved
01:30:47
into foster care. At age [music] 16, Marilyn was looking for stability in her life, something she
01:30:55
found in 21-year-old Lane McIntyre. >> [music] >> I was just enamored with Marilyn right
01:31:00
away. It was instant. She's so pretty. Yeah, I just like just control yourself, you know.
01:31:06
It was love at first sight. I wanted to take care of her, you know, be there for her.
01:31:11
But while Carolyn approved of the relationship, Marilyn's older sister Brenda was wary. I just didn't think he
01:31:18
was good enough for Marilyn. She had a rough life growing up. Was this guy going to make it any
01:31:25
easier? No. Despite Brenda's [music] concerns, the couple married on January 19th, 1979,
01:31:35
when Marilyn was just [music] 17 years old. It was a small party, maybe only a dozen people, but it was one of the
01:31:42
happiest days of my life. Soon, >> [music] >> Lane and Marilyn added a new member to
01:31:49
the family when Christopher was born in December [music] of that year. That coming summer was going to be the best
01:31:55
summer of our lives being husband and wife with their brand new baby. [music] The evening of March 10th, 1980
01:32:07
started like any other night in the home of Lane and Marilyn McIntyre. We did laundry
01:32:13
and then I left for work. Do you remember the last thing you said to Marilyn or what she said to you? She
01:32:19
said, "I love you. Do you love me?" And of course I do. >> [music] >> The next time Lane saw his wife
01:32:29
she was dead. And what did you see when you walked in? A body on the floor with a knife sticking in
01:32:37
the side of her chest >> [music] >> and a mutilated head. Lee Arman was the Columbus police chief
01:32:44
in 1980. He found it significant that there was no sign of forced entry or a robbery indicating that Marilyn knew her
01:32:53
killer. Speculation was she might have answered the door and let someone in. Betty Clontz, who lived in the apartment
01:33:03
above the McIntyres, learned about Marilyn's death [music] from Lane himself. It was about 5:10 after 7:00.
01:33:12
Somebody pounded on the our door downstairs. It was Lane. And he said, "Did you hear anything last
01:33:20
night?" He said, "I just [music] found my wife murdered." By the time Chief Arman knocked on her
01:33:29
door Betty remembered that she did hear something unusual in the middle of the night. About quarter after 3:00 in the
01:33:36
morning, I woke up and the dog was just barking up a storm and it was like he was pulling on
01:33:44
something. Whose dog? Lane and Marilyn's. And was it unusual? Well, I never heard him bark before like
01:33:51
that. Based on Betty's statement, police believed the murder occurred around 3:15
01:33:58
in the morning, a time when Marilyn's husband said he was at work. I never left.
01:34:06
Lane did, however, give police their first big lead. When they asked you, who might be a suspect, you gave the
01:34:14
name Kurt Forbes. I did? Yeah. I don't remember. I probably did. Did you consider Kurt Forbes one of your
01:34:24
best friends? At that time, yes. At that time, I didn't know what he was capable of.
01:34:38
I was just mystified. [music] I'm just trying to understand why why to Marilyn. As police were running down Lane
01:34:50
McIntyre's apparent alibi for the night his wife Marilyn died, he was offering them another suspect, one of his best
01:34:58
friends, Curtis Forbes. Why would Kurt Forbes kill your wife? I believe that Kurt Forbes had a crush
01:35:10
on Marilyn. And his girlfriend just left him. And he was on the prowl that night.
01:35:24
That's our engagement picture. Curtis Forbes was engaged [music] to marry 22-year-old Debbie Adelson in
01:35:31
March of 1980. You know, I was young back then, in love, and he was what I wanted in my
01:35:38
world. The couple hung out frequently with the McIntyres. We played cards. We'd go fishing. We'd go out to eat. We
01:35:47
got to be really close friends. But according to Lane, Marilyn soon heard some disturbing news about Kurt.
01:35:56
Debbie began [music] to tell Marilyn stories about abuse. Lane says Debbie confided in Marilyn
01:36:06
that Kurt would occasionally beat her up, and that just days before Marilyn's murder, Debbie broke up with Kurt. Had
01:36:13
Marilyn encouraged Deborah to leave Yes. Lane believes the newly single Kurt Cobain was looking for some action on
01:36:22
the night Marilyn was killed. And then he goes, "Aha, I'll go check on Lane's wife. Lane's at work."
01:36:29
I believe he had the intention to rape. Former Police Chief Lee Erdmann questioned Kurt about his whereabouts on
01:36:37
the early morning hours of March [music] 11th. He said he had went out and proceeded to
01:36:43
play pool and have a good time. According to witnesses, Kurt tried to pick up a woman at the bar. She rejected
01:36:53
him. When the bar closed at 1:00 a.m., he drove to the house of another woman, Lori Heaft.
01:37:00
I was home with my then boyfriend. According to Lori, Kurt arrived around 1:15 a.m. and stayed just a few minutes.
01:37:10
Why do you think Kurt stopped by your house that night? I think that he was going to probably try and make sexual
01:37:16
advances towards me. After leaving Lori's, Kurt said he drove to Debbie Adelson's house, arriving
01:37:24
after 2:00 a.m. But, when investigators talked to Debbie Adelson and her parents, what time did
01:37:33
they say he arrived? 4:00. So, there's 2 hours Yeah. unaccounted for. Yeah. Where did he go?
01:37:44
What did he do? And then, just 1 day after he was grilled by police, Kurt Forbes skipped
01:37:51
town. Innocent people don't run. Kurt Forbes ran. Kurt soon sent letters to Lane and
01:37:59
Debbie. Dear Lane, I don't know how to express my sympathy for [music] you at this time. I don't want to go to jail
01:38:05
for something I didn't do. >> [snorts] >> There's too much circumstantial evidence
01:38:10
against me, so I have to go. But what was the circumstantial evidence against him that he's talking about? What people
01:38:17
were saying. That he was violent. Debbie initially told police that Kurt had arrived at her parents' house at
01:38:25
4:00 a.m. on the night of Marilyn's murder. But later said she might have been mistaken. It was either
01:38:33
10:00 after 4:00 or 20:00 after 2:00. I just saw the two hands. The circumstantial case against Kurt
01:38:41
seemed to be weak, and police soon learned that none of the physical evidence taken at the crime scene could
01:38:47
be linked to him, either. After 2 months on the lam, >> [music] >> Kurt returned to the Columbus area, and
01:38:55
just 5 months later, he and Debbie Adelson were married. Did you have any questions [music] about
01:39:02
marrying him? None. But you knew other people were talking about him. I think that back then it was more they were
01:39:10
talking about Lane. And in fact, around Columbus, suspicion had begun to shift away from Kurt and
01:39:20
back towards [music] Marilyn's husband. I thought maybe Lane did it. Betty Klontz had always felt
01:39:28
uncomfortable about her neighbor's calm demeanor when he came to her door the morning of the murder. If I was him and
01:39:35
it was my wife, I probably would have started in like this. You know, my god, I just came home from work and I found
01:39:41
my wife murdered. But, no, he just said it in a nice, calm voice. Betty told the police about frequent
01:39:48
fights that she heard between Marilyn and Lane. Neighbors say that you guys would argue. That's their speculation.
01:39:56
The McIntyre family were boisterous. We talk loud in our house. And Marilyn's older sister, Brenda, who
01:40:02
had never liked Lane, believed he had a motive for killing his wife. Lane looked at me, and he goes, "Brenda,
01:40:09
guess what I did? Well, I took a whole life insurance policy on Marilyn." It turns out Lane had purchased a
01:40:17
$10,000 life insurance policy for Marilyn less than a week before her murder. Three days later, she's dead.
01:40:28
I was mortified. And [snorts] that wasn't all. Within months of Marilyn's death, Lane was
01:40:35
dating, and he soon remarried. He was just getting on with his life, like it was nothing.
01:40:43
I'm a young man. I've got a 3-month-old baby. I needed another woman in my life.
01:40:51
Although there was suspicious circumstantial evidence against both [music] Lane and Kurt, the police did
01:40:57
not arrest either man. Instead, their investigation mysteriously ground to a halt.
01:41:06
Four years go by. Five years go by. Our thoughts that it would never be solved. For Lane, [music] each passing year
01:41:16
brought increased scrutiny. My own son was taught [music] to think I did it. Things started to go sour
01:41:23
between me and my father. Did you ever just say, "Dad, did you have anything to do with this?"
01:41:29
I did not. Uh it'd be such a hard question to ask. "Dad, did you have something to do with
01:41:36
killing Mom?" At age 15, the tension between father and son reached [music] a boiling point
01:41:43
and Christopher moved out of the house. I lost mother. And now I feel like I lost father.
01:41:52
The toll on Marilyn's family would continue to grow. You know, we've grown up in broken homes our whole [music]
01:41:58
life because they didn't know how to carry on after Marilyn died. Years would turn
01:42:04
into decades [music] and still no answers until that fateful call. When I took a look at this case,
01:42:15
my question was why didn't he get [music] arrested in 1980? >> [music] >> I made a promise to the victim's family.
01:42:30
We will do our best at this and I believe when we're done, we'll be able to tell you
01:42:34
who I believe did it. In 2007, Columbia [music] County Sheriff's detectives reopened the
01:42:41
investigation into Marilyn McIntyre's murder >> [music] >> and after digging into the old case
01:42:47
files, they found a piece of evidence that would soon [music] blow the case wide open. There was this very small
01:42:54
stain in a bathroom sink that had the victim's blood in it. In 1980, [music] blood and hair samples have been taken
01:43:02
from the crime scene. More than two decades later, [music] that blood evidence was sent to the
01:43:08
Wisconsin State Crime Lab for DNA testing. When the report came back on that, there
01:43:14
was possibly two other contributors. However, one of those contributors was not Layne McIntyre. He was 100% excluded
01:43:21
from that. And is there any of the suspects a possible contributor? >> There is.
01:43:26
When the lab compared DNA from a sample of Kurt Forbes' hair to the stain in [music] the sink, he was listed as a
01:43:33
possible contributor in that stain. But Wayne Smith knew there were limits to this DNA evidence. You have to
01:43:41
remember that, you know, this is likely a pinhead-size stain in a sink. And being a possible contributor was not
01:43:49
conclusive proof. >> [music] >> The lab results showed that it wasn't necessarily Kurt. The DNA could also
01:43:56
come from one out of every 98 people. But it wasn't her husband. But it wasn't her husband and it wasn't any single
01:44:03
other person that had ever been mentioned as a suspect or had been in that house, cuz we tested them. I'm
01:44:08
looking at these photos So Smith [music] and county investigators focused their attention on Kurt Forbes and [music]
01:44:15
began to re-interview everyone connected to the crime. I wasn't worried about not
01:44:21
remembering. [music] Lori had told detectives that on March 11th, 1980, [music] Kurt stopped by her
01:44:28
house at around 1:15 a.m. He was there for 5 minutes. She also recalled a conversation she had just weeks later
01:44:36
with Kurt's girlfriend, Debbie Adelson. She said, "Well, he showed up at my place around 4:00 with blood on his
01:44:44
shirt and wanted me to take care of it." I don't even know her. Debbie, who was still married to Kurt
01:44:50
Forbes [music] in 2007, remembers that time very differently. She says there never was a shirt with
01:44:57
blood. So if Lori says [music] it, you talked about the fact that there was blood on a shirt, she's not telling the
01:45:06
truth? >> How can it be? And in fact, when Lori gave police a statement back in 1981,
01:45:12
>> [music] >> she never mentioned a bloody shirt. Why wouldn't you tell the police that she
01:45:18
also mentioned blood? I assumed that Deborah had brought that up. >> [music] >> Detectives heard other rumors. Family
01:45:25
and friends of the Adelsons said that Debbie's mom talked about washing Kurt's bloody [music] clothes that night. We
01:45:32
would love to have talked to her parents because I believe that they had really good information.
01:45:37
But unfortunately, [music] Debbie's parents were no longer alive. None of the statements could be verified. For
01:45:44
some reason, this family wasn't interviewed about Kurt's arrival at their home. And that's a critical piece of evidence.
01:45:53
Detectives spent 2 years sorting through the evidence and interviewing more than
01:45:58
60 witnesses. It got to the point where Kurt was the only one left to talk to at
01:46:02
this point. Finally, on March 24th, 2009, 29 years after Marilyn's murder, Kurt Forbes was served with a search
01:46:12
warrant and brought in for questioning. Kurt Forbes before you sit down, what I'd like to do I guess is go back to
01:46:20
March 10th, 1980. That night you were at the Adelson's house for a little while and
01:46:26
I got there. When asked [music] what time he arrived at the Adelson's house, Kurt remained
01:46:33
consistent. It was around 10:00. So, she had told us that you got there a little bit after 4:00 and if you look at
01:46:40
the clock that would be inaccurate or it was around 10:00. After nearly an hour of questioning,
01:46:49
[music] Wayne Smith tells Kurt that his DNA was found mixed with Marilyn's blood
01:46:54
in the bathroom sink. How do you explain that your DNA is in her blood? I wouldn't know
01:47:01
what you're talking about. My DNA is in her blood? Wow. As Kurt's interrogation stretched on,
01:47:10
two other detectives visited his wife at home. I was in shock. I didn't know what was going on.
01:47:18
She agreed to answer their questions, but [music] didn't realize the interview was being recorded. I know you know that
01:47:25
we reopened this case. She was asked about Kurt's [music] rumored bloody shirt. >> Did it have blood on it?
01:47:33
I don't remember that, so I can't say. You can't say or you can't remember? >> remember.
01:47:39
As detectives continued to push Debbie about the bloody shirt, her answers began to change. You showed up at the
01:47:47
house with bloody clothes and your mom washed them. I know you know. I Yeah, but I just don't remember right
01:47:53
now. But you just said yeah. Finally, after more than 4 hours of questioning, Debbie's memory of that
01:48:01
night seemed to return. He had a white shirt on underneath the blue sweater and I saw blood in there. You did? Now I
01:48:10
remember that. I know I got asked about the blood and he told me something, but I can't
01:48:15
remember what he told me. And I believed it. You didn't tell me enough. Hours later, armed with Debbie's
01:48:22
damning new information, detectives arrested Kurt Forbes for the murder of Marilyn McIntyre.
01:48:31
I knew 100% Kurt Forbes was the one that was responsible for this murder. But making that case to a jury was about
01:48:39
to get much tougher. After a judge ruled that the crucial DNA evidence that seemed to place Kurt
01:48:45
Forbes at the crime scene would not be allowed at trial. It was devastating and I thought there
01:48:51
was a greater chance that he'd get away with it. It's like we got him. We finally got him.
01:49:08
29 years after Marilyn McIntyre's murder, her family believed detectives finally had the right man, Curtis
01:49:16
Forbes. Even Marilyn's sister, Brenda, who had long suspected Lane McIntyre, [music]
01:49:23
was convinced. Is there one moment, one piece of evidence that made you change? Yeah,
01:49:30
when the blood stain would hit Kurt's DNA in it. But then, a judge threw out that DNA
01:49:37
evidence, ruling it was not conclusive enough to be used against Forbes. [music]
01:49:42
Is our job tougher? Absolutely, but that doesn't mean we can't get it done. Assistant Attorney General David Wombach
01:49:50
decided to move forward anyway with a completely circumstantial case. We're behind Kurt 100% in this ordeal.
01:49:59
Kurt's brothers, Mike and Dennis, believe the charges should have been dropped. Well, I am angry, you know,
01:50:04
they threw my brother in prison for nothing. But on November 9th, 2010, Curtis Forbes goes on trial for murder.
01:50:19
It begins with a dispute over when Marilyn died, an important issue since Lane McIntyre has an alibi for the hours
01:50:27
between 11:00 p.m. [music] and 7:00 a.m. while Kurt Forbes' whereabouts are in question. So, what time do you believe
01:50:35
that Marilyn McIntyre was murdered? I believe that it's sometime very close to 3:15, and that's why Clyde, the dog, is
01:50:44
acting up the way he is. That information came from the McIntyres' upstairs [music] neighbor,
01:50:51
Betty Klentz. I had to get up around oh, between 3:00 and 3:30 because the dog was having such a fuss outside.
01:51:01
And there's a second witness, a friend of the McIntyres, who drove by their house twice on the night of the crime.
01:51:08
First at around 12:30 a.m. Did you know whether weather or not the lights were on when you went past to go home? No, I
01:51:16
didn't see no lights. Then again, at around 3:15. [music] At that time, I noticed the porch light
01:51:24
was on and the dog was tied outside. That evidence, says the prosecutor, proves that Marilyn had to be alive
01:51:32
between midnight and 3:15 [music] a.m. on March 11th to turn on the light and let the dog out. A cat can go in the
01:51:41
litter box. The dog, you got to let him out. But the defense says Marilyn died earlier, before Lane went to work. They
01:51:50
point to the testimony of the McIntyres' other neighbor. She lived next door to Lane and Marilyn and heard a noise
01:51:57
coming from their apartment at 10:00 p.m. on March 10th. We went to bed and we could hear voices,
01:52:06
like they were maybe arguing or something. But that was all the neighbor heard. And Wambach reminds the jury that
01:52:13
Marilyn had a 3-month-old baby who needed to be fed every few hours. You're saying somebody would have heard
01:52:20
that baby crying. >> Exactly. And we knew that none of the neighbors had heard any crying.
01:52:26
Wambach now moves on to the next important point in the timeline. What time did Kurt Forbes arrive at Debbie
01:52:33
Adelson's home that night? At 2:00 a.m. or 4:00 a.m.? If he actually got there at 2:00, then it doesn't look like he's
01:52:44
the one to have committed the murder. Because Debbie says she could no longer be sure when Kurt turned up, the
01:52:52
prosecutor calls witnesses who spoke to Debbie back in 1980 about Kurt's arrival. What time did Debbie say Kurt
01:53:01
showed up at her parents? It was around 4:00 in the morning. She said it was at 4:00. About 4:00 in the morning?
01:53:09
For Kurt Forbes, the case hangs on this one question. Where was Kurt from 1:30 in the morning to 4:00 in the morning?
01:53:19
>> no idea. We never asked him. With his case winding down, Wambach knew that his most crucial witness was also
01:53:28
the most unpredictable. I didn't ask for any of this. On the day of Kurt's arrest in 2009,
01:53:36
Debbie Forbes [music] told detectives that she had seen blood on Kurt's shirt on the night of the murder.
01:53:43
But on the stand, Debbie now denies she saw anything. Did you see anything on his clothing
01:53:51
that you took notice of? No. You did tell them that Kurt had blood on his shirt that night.
01:54:00
I don't remember saying that. And I know I didn't see it. And how they got me to say that, they
01:54:08
could have gotten me to say anything at that point. Did Kurt show up with blood on his
01:54:14
shirt? The prosecutor has one final piece of evidence he believes provides the answer.
01:54:21
Debbie, what's going on? A prison phone call between Kurt and Debbie Forbes recorded just two days after Kurt's
01:54:29
arrest. The fact is, Deborah, I did not murder Marilyn McIntyre. Then where did the bloody shirt come from?
01:54:36
I'll explain all that. I did not kill Marilyn. Well, explain it to me then. Not on the phone. I need a lawyer,
01:54:42
Debbie. What's so beautiful about it, too, is what it doesn't say. He doesn't say, "What blood?
01:54:51
What do you mean blood?" But Curtis Forbes' attorneys downplay the call. They point to the fact that
01:54:58
there was no physical evidence linking Kurt to the crime scene. None of the hairs were consistent with Curtis
01:55:06
Forbes. And then, to create more doubt in the mind of the jurors, the defense calls an [music] unlikely witness, Lane
01:55:14
McIntyre. I knew I was going to be grilled [music] and I didn't care. Forbes' attorney wastes no time putting
01:55:23
Lane in the hot seat. Approximately 3 days before the death of your wife, did you have occasion to talk to an
01:55:30
insurance agent? Yes. And what did you do with relation to the insurance agent? He showed up on my doorstep unannounced,
01:55:38
solicited me. You're a young man starting a young family. You need life insurance.
01:55:44
Lane is [music] peppered with questions about finding his wife murdered. I stood
01:55:49
in the doorway trying to accept what I was seeing. About pointing the finger at his best friend. Did you tell officers
01:55:57
that a person they might want to look at was Kurt Forbes? Yes. And about whether he and Marilyn argued
01:56:03
before he went to work. You do not recall an argument that you had with Marilyn McIntyre on March 10th, 1980,
01:56:11
between the time you got home and the time you went to work. No. He was trying to accuse me of
01:56:17
killing Marilyn and then going to work like nothing happened. As the trial comes to a close, the jury
01:56:24
must decide, is the right man on trial? Did Kurt Forbes kill Marilyn McIntyre or did her husband, Lane?
01:56:41
>> [music] >> Hopefully Marilyn gets the justice that she deserves. On November 15th, 2010,
01:56:51
after 6 days of testimony and more than 45 witnesses, the fate of Curtis Forbes is in the hands of the jury. We thought
01:57:02
it was going to be an all night thing and we'd be back in the morning. Instead, the jury is out just 2 and 1/2
01:57:10
hours. Thinking this can't be good. The families of Kurt Forbes and Marilyn McIntyre
01:57:18
>> We got a verdict. scrambled back into the courtroom for the verdict. That was
01:57:22
probably the scariest point in my life. Everything at that point is resting in that moment for the judge to read the
01:57:30
verdict. We, the jury, find the defendant Curtis E. Forbes guilty of first degree murder.
01:57:42
It was just like Dated this 15th day of >> Wow. We just went nuts. All this pain that I had to carry, this
01:57:51
baggage, I could finally let go of. For Marilyn's family, it's the end of three decades of pent-up anguish.
01:58:01
Justice for Marilyn, finally. Finally over. God. Finally over. But on the other side of the courtroom,
01:58:11
where the Forbes family sits, He is innocent. It was just unreal. Devastation. They found a guy [music]
01:58:24
guilty of murder and they're going to put him in jail for life and only deliberated at the 2 hours on
01:58:29
circumstantial evidence? Yeah, in my face. It was a quick verdict, in part, says
01:58:35
prosecutor David Wambach, because the jury believed there had been a bloody shirt. If you can convince them to
01:58:43
[music] say I have no doubt that Kurt Forbes had blood on him and that that was Marilyn's blood, everything [music]
01:58:50
else just falls in behind that. There was never any blood. But even today, Debbie Forbes insists
01:58:58
that she never saw blood [music] on Kurt that night. When you though called Kurt on the
01:59:04
phone, you asked him, "Then where did the bloody shirt come from?" I'll explain all that.
01:59:12
Yeah, I wanted to know about this bloody shirt everybody was talking about. I hadn't seen one.
01:59:18
Do you believe that Deborah Forbes lied on the stand? >> Well, it Uh yes, she she
01:59:24
committed perjury. I don't think that the jury found much of anything that she said or did to be
01:59:32
believable. But Debbie now no longer seems willing to protect the man she married 30 years
01:59:39
ago. Do you think you know the truth now? It's in there. Just have to accept it.
01:59:49
Sounds like Debbie, you do believe your husband killed Marilyn McIntyre. It's tough, isn't it?
02:00:00
Yeah. Three months after the verdict, Kurt Forbes is sentenced to life in prison.
02:00:13
Whatever >> [music] >> tiny little bit of doubt I would have had, my mind was clearly pushed out.
02:00:21
Finally convinced of his father's innocence, Christopher McIntyre is looking forward to repairing their
02:00:27
relationship. So is Elaine. Marilyn would want her son and her husband to be the best of
02:00:34
friends. We got a lot of catching up to do. Following the sentencing, Marilyn McIntyre's family visits her
02:00:44
final resting place. They're beautiful. Yellow is her favorite color. Justice for Marilyn. Justice [music] for
02:00:54
Justice for Marilyn. They release balloons. And with [music] them, more than 30 years of pain and frustration.
02:01:07
If you can imagine being judged when you're telling the truth for 30 years. My name over.
02:01:15
And then finally after all these years, finally vindication. My mom can start a new life.
02:01:24
Our family [music] is going to start a new life now. We This family was persistent.
02:01:32
Detective Lieutenant [music] Smith and Assistant Attorney General Wambach are quick to acknowledge that without
02:01:39
Marilyn's family, her murder would never have been solved. It's to their credit that that they kept
02:01:46
this case alive. If it took me till the day I died, I was never giving up. Don't ever give up. Because eventually
02:01:55
[music] somebody does have to listen. You are the victim's voice. She's still watching us.
02:02:06
Marilyn would want us to have closure. There are so many people that loved Marilyn
02:02:11
and still do, always will. >> [music] [music] [music] [music] [music] >> Mhm.