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48 Hours, we take [music] you there. We planned a life together [music] forever. Pat and Elizabeth were high
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school sweethearts. We very much [music] wanted to be married. >> They had two children, Ted and Chris.
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It's a devoted husband and certainly devoted father. >> Their lives seemed picture perfect until
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Dad suddenly vanished. The last thing I remember is waiting for [music] him to come home at night. Then they found his
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suicide note. >> Please tell the boys I will watch over them from heaven. His family was sure he
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was dead. >> If he was alive, he would never be able to leave my brother and I behind.
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>> Now, after 15 [music] hard years on their own My first thought was could this possibly be true? A stunning
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discovery. She called me and said, >> [music] >> "Elizabeth, sit down." >> Rush Mitchell and Harold Dow
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investigate. >> I think Pat may be alive. Dad's double life. >> [music] >> You're leading a perfectly normal life
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with a good job and a wonderful family. And things seem to be going along just fine. But then
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>> [music] >> comes a problem. It hangs on. You can't solve it. Truth is, after a while, you
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can't even face it. >> [music] >> Then one day, suddenly and with no warning, you vanish.
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What if someone you thought you knew well, someone you depend on, someone you love, just disappears? That is precisely
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what happened to a devoted husband and father who became desperate for a way out.
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Leaving those closest to him to wonder what really happened. Rush Mitchell begins to unravel the
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mystery of a dad's double life. A life that was once picture perfect. The spirit of the times was um you
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[music] know, long blonde hair and Beach Boys music and the future is all yours to take and everything good is going to
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happen. In 1964, Elizabeth Shank, a 16-year-old school girl, began dating a boy who would
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change her life forever, Patrick Hennessey Welsh. Pat was [music] the kind of person that would be
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characterized by anyone as a really good catch. And [music] so Elizabeth Shank became Elizabeth Welsh.
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Elizabeth, whose nickname is Peachy, and Pat had two sons. They are >> Ted the kind of sons and Chris that a
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mother would pray for, let alone be proud of. Tell me about those early days of your marriage.
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How would you describe them? Oh, My characterization would be they were very, very happy.
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>> And by all appearances, the Welshes were happy. I would have to characterize him
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too as a as a devoted husband and certainly a devoted father. I mean, he was close with those boys.
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>> But after a few years of marriage, there were money problems. >> I was totally blindsided by it. Problems
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which Pat had kept secret from Peachy. We had been on a vacation and he was very distraught and it was hard to get
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him to stand still to tell me what the problem was. >> The problem was Pat had stolen $23,000
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from Ohio State University. That was out of the blue. >> Where he worked as a fundraiser.
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>> And out of character as far as I was concerned and as far as everyone that knew Pat Welsh was concerned. He was the
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fair-haired boy. >> In 1980, Welsh was convicted of embezzlement, sentenced to 30 days in
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jail, and ordered to pay restitution. It had been difficult to try to explain to
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the boys. They had to to understand that their dad had done something that wasn't right and he was making that
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better. For over two years, Pat did try to make things better. >> In a wedding anniversary card that he
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gave me, slipped a note which said "Things will be better. We'll be Pat and Peachy again. Just relax and trust me."
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And I believed that >> until January 21st, 1983. We had made um an agreement to uh meet up at my
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father's house that evening for dinner. Um Pat owed my father some money and he was going to repay it that night.
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>> But during dinner, Pat called from his office to say he wasn't going to make it.
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>> And if it was all right um with my father, he would repay him the money the next day
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and that I should go ahead and go home. The last thing I remember is waiting for
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him to come home at night and watching the snowfall and just waiting for his car. But Pat Welsh never
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came back. >> I imagined that he probably ended up in a wreck or he was uh doing something you know,
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else. Ted Welsh was only 10 years old. But he was going to be right back. >> He didn't appear
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on Friday night and Saturday morning and Sunday. Everybody had always told me that
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he has to be dead. >> Chris Welsh, 23, was only seven. If he was alive, he would never
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be able to leave my brother and I behind. Elizabeth, can you tell me what your reaction was when you got this
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letter? >> Oh. 15 years ago? I was devastated. Five days after Pat disappeared >> horrible. Elizabeth received a letter. I
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know you don't believe this now, but what you needed was freedom from my shadow, from my past
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and disgrace. The only way to give you that is through my death. Overwhelmed with debt and
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humiliated by his past crime I wish I could kiss you goodbye. Pat Welsh told his wife of 14 years
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>> Please have my body cremated and not buried. >> that he had gone to San Francisco to
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commit suicide. >> Please tell the boys I will watch over them from heaven. That I love them very much
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and have the greatest hope for them. It was bad enough that Pat suddenly was gone, but then
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to receive this. >> And despite an exhaustive search by the FBI, local police, and the Welsh family,
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Pat's body was never found. With two young sons and a mortgage, Pat had left Elizabeth with few options. She didn't
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sleep. She didn't eat. Claire Bailey is Elizabeth's sister. The anxiety that I saw in my sister's eyes, the fear that I
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saw in their little boys' eyes, the unnecessary and unjust guilt that my sister carried
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with her thinking that there's something that she should have done to keep this from happening was probably one of the
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hardest things for me to deal with. >> Elizabeth was paying Pat's bad debts. >> I found out that he hadn't been paying
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bills for a long time. >> And with only $250 in a savings account I could not afford the house. Elizabeth
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had to move her sons into this apartment. I had to give away their dog because I couldn't afford to keep the
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dog. And five years later, Pat was declared dead. >> would just have been me um I don't know where I would be today.
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I really don't. But because of Ted and Chris I had I had no choice. I mean, there was
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nowhere to go but on. And that's exactly what Elizabeth Welsh did. >> She worked her way up really fast.
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Today, she is president of the Chamber of Commerce in Licking County, Ohio. She had to excel and she had to push herself
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in that envelope to be everything that she could be so that life would go on for her and for the boys.
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>> But 15 years after Elizabeth first read Pat's suicide note a shocking revelation
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arrived in the mail. I ripped open the envelope and pulled out the form and read it
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and stood there in the middle of my living room and read it again. My first thought was
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could this possibly be true? When we come back I think Pat may be alive. I was the one who
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had to provide the explanations for what was happening. >> Five years after Pat Welsh disappeared
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without a trace >> As far as you were concerned, there was no reason for you to think that he was
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still alive. >> Elizabeth divorced her husband and had him declared dead. Doesn't seem like
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a lot to have when you think you're closing the chapter on someone's life, does it?
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>> She was then able to collect a small amount of life insurance. I couldn't replace
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a father in their lives so easily. >> And some social security survivor benefits for her sons. But I could
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try to make a life for them that meant something. Little did she know those benefits would later provide the first
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clue to 15 years of lies and deception. My first thought was could this possibly
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be true? Elizabeth received a shocking letter in the mail. Boys' survivor benefits, partial survivor benefits that
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they had they had received um would have to be paid back within 30 days because the number holder was alive.
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Uh actually the terminology was not deceased. According to the government, Pat Welsh was still alive. I was
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thinking wait, no wait, Elizabeth. And they were demanding back their $56,000. Basically, I called Social Security and
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said, you know, what are you guys trying to do here? >> Sally Tester was an aide to Elizabeth's
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congressman at the time, John Kasich. I mean, we did what we could. How could you not? With Sally's help I
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called a friend I have at the FBI. >> Elizabeth was starting to grasp a difficult reality. She called me and
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said, "Elizabeth, sit down." Someone named Tim Kingsbury And I said, "Well, Sally, I'm sitting."
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>> who fit Pat Welsh's description And she said, "I think this could be your husband."
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>> was using his social security number. And you're thinking what? Timothy Kingsbury, who's this?
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In the winter of 1983, Patrick Welsh left his name and his past behind and pulled into Galveston, Texas
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on a bus with just a few dollars in his pocket. Residents say Galveston is a friendly and forgiving city. Just the
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kind of place you might go if you wanted to reinvent your life. He was just a tenant at my mom's house
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here and he worked for my mom at Shelties restaurant. >> Kevin Doherty was just a teenager when a
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stranger named Tim Kingsbury moved into his mother's boarding house. >> What did you think of Tim? Nicest guy I
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remember in my life. Kingsbury told Doherty and others that he was a student here at the Galveston branch of the
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University of Texas Medical School. >> Would it surprise you to know that we checked with the folks at the medical
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school and they said he was never enrolled there. Very much so cuz I know his books were
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all there and he always seemed to be studying very diligently. It was the first of many deceptions as Tim
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Kingsbury slowly established himself in Galveston society. In his early years, he developed a reputation as a local
00:11:00
character writing for a small newspaper. He wrote about learning to scuba dive, to sail, and running a marathon complete
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with photos of himself. Responding to a feature on Galveston's eligible bachelors, the man who had
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abandoned his wife and two sons wrote, "Quote, can you imagine my surprise to find out I was not mentioned?"
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For a man on the run, Kingsbury didn't act like a man with much to hide. Six months after his arrival, he was
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hired as a part-time publicist for the prestigious Galveston Historical Foundation, referred to as GHF.
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He was eventually appointed president. This is a recording of his acceptance speech.
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>> GHF is where I learned and grew professionally. It's through GHF that I fell in love in every sense of the word.
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While working at the foundation, he met Ann Anderson, a woman from a prominent Galveston family. He moved into her
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waterfront home where they lived together for 10 years. Kingsbury eventually made his way into
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the inner circle of Galveston society, known as BOI, born on the island. >> was a standout in helping the community
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and helping people. He became close with Ann's brother, Vandy, >> Another beautiful sunrise on Galveston
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Island this morning. >> part owner of the local radio station. >> Vandy Anderson reporting KGBC news.
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Kingsbury later worked for him as general manager and reporter. >> was Tim Kingsbury's office. Uh, he's
00:12:30
done what I think a radio station manager should do and that is to get involved in the community. These are
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various civic groups that he worked on and just some symbols of their appreciation for what he'd done.
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Kingsbury made other close friends, all prominent Galvestonians. The passion that he poured into getting the schools
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improved in our community, you know, matched my own and I have little children. >> Sheila Lidstone works for the local
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school district. >> in with a lot of flash and and I'm going to be in charge. He just gradually built
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his way into our hearts. Dr. Brent Masel says Kingsbury was his best friend. >> I only know Tim Kingsbury. Don't know
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Patrick Welsh. Gerald Sullivan, a businessman and cattle rancher. >> put my hand on a Bible and swear that I
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know of nothing bad about Tim Kingsbury. But even his friends had some suspicions
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along the way. >> I wondered when we were having the school bond election, what would make a
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young man with no children who's not married get so involved. >> really talked about his family and I
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thought obviously something very onerous had happened in his life that was so horrible that there was no way he could
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discuss it. And again, I was one of his closest friends. But they didn't ask and
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Kingsbury didn't tell. >> In Texas, there's an old saying, you don't ask a man how many cattle he has.
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If he wants you to know, he'll tell you. For 13 years he lived in Galveston, a pillar of the community.
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Then one day late in the winter of 1996, everything started to unravel. >> We had a citizen who came to us Mike
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Guarino, Galveston County District Attorney. >> He had seen certain things at the radio
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station in the office of Tim Kingsbury uh, that looked funny. A co-worker had come across forgeries.
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>> Some partially filled out social security cards, a birth certificate or two. Now, just after you had seized
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those fraudulent documents, did you have suspicions about him? >> Certainly. >> Did you think that maybe he wasn't Tim
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Kingsbury? Oh, absolutely. At that point, Kingsbury confessed everything to the DA and to his friends.
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>> It's devastating to hear that someone that you talk to just about every day has a whole 'nother life that you didn't
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know about. It It's It's an incredible feeling. And maybe just as incredible, no one seemed to hold it against him.
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>> blame Patrick Welsh. I don't know Patrick Welsh. We know Tim Kingsbury. >> We're not talking about a rapist, a
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mugger, a murderer. He wasn't that awful a person. I don't think that I've been deceived. I have many emotions,
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but being deceived is not one of them. >> What about Patrick Welsh's wife and children? I'm only in a position to
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judge what he's done here and that's been remarkable. They should have had those 15 years, they'll say.
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And they're right. I mean, they they missed out. Kids missed out, family, community. I
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guess I really don't blame his wife for for being angry. Gerald Sullivan's wife,
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Suzanne. >> But he has suffered. I mean, he's had his own hell these 15 years. Well, why are you so
00:15:30
willing to forgive? I I guess that's the question. You all here in this room are
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willing to forgive him for the deception. He didn't hurt us. How did he hurt us?
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I mean, all he ever did here was good. There's no reason not to forgive him. Would you accept him back here?
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In a heartbeat. In a heartbeat. No question about it. >> He faked his own death to his wife and his children for 15
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years. They thought he was dead. To do that kind of thing, to to leave every single thing you ever ever had behind,
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everybody you knew behind, and get on a bus penniless and just ride to the end of the line is an act either of
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incredible cowardice or incredible bravery born out of desperation. Which do you think it was?
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I think it was bravery born out of desperation. Kingsbury pleaded guilty to forgery and
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got 4 years probation along with a $2,000 fine. But word of his false identity never got
00:16:32
out into the community, never made the newspapers, never made the local news. >> it is out of respect for Tim
00:16:40
that people didn't gossip and didn't talk. People in the courthouse knew, people in the probation office knew.
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Lots of people knew. But they saw no need to rub Tim's nose in the dirt. And Patrick Welsh was
00:16:55
allowed to continue his life in Galveston as Tim Kingsbury. But because of the forgery conviction,
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he had to use his old social security number triggering a chain of events in Ohio that would ultimately lead to his
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arrest. >> anything to say before you leave town? And the model citizen left Galveston
00:17:14
in handcuffs. Coming up. It's too simple [music] to say, "Why did you do it?" Patrick Welsh
00:17:24
faces his family. I had questions for him. For the first time in 15 years. It really is like someone coming back from
00:17:33
the dead. >> And Elizabeth seeks justice. >> [music] >> I don't have a sense of anger in this,
00:17:51
but I do have a very strong sense of justice. Mr. Welsh, why did you fake your own death? I know
00:17:57
that if this were any other person >> Mr. Welsh, is it really good to be back? than Patrick Welsh. You glad to be maybe
00:18:02
getting this thing behind you? charming, articulate, handsome man. Do you have anything to say to your ex-wife and your
00:18:09
two sons who haven't seen you in the last 15 years? >> that person already would have been
00:18:13
behind bars. When Elizabeth Welsh discovered her ex-husband was alive and well, she had a difficult decision to
00:18:19
make. How far was I willing to make another exception for Pat? >> It's too simple to say, "Why did you do
00:18:26
it?" And can I turn to my sons and say, "You were disposable people. I wanted know who I was. It's okay because look
00:18:35
at all the good he's done in Galveston. >> I had questions for him. This is wrong.
00:18:40
>> Where did he go wrong? >> For the sake of her children, where could I go right?
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>> Elizabeth pursued the man who had faked his own death and abandoned them 15 years earlier. I sent him an email to
00:18:50
the attention of Tim Kingsbury. I know. Call me. When that didn't work, did you hear back from him? No. She went to
00:18:57
Galveston without Pat knowing. What did you see? A very comfortable lifestyle, a very visible person. With a
00:19:05
Ford Explorer and a convertible in the driveway of his waterfront home. Certainly a a a better style of life
00:19:12
than he had provided for Ted and Chris. She came home from from her Galveston trip and said, "You know what?"
00:19:18
Elizabeth's sister, Claire. >> While the boys and I ate macaroni and cheese, Pat's been drinking margaritas.
00:19:24
Did that make you angry? It amazed me. It absolutely amazed me. Elizabeth felt she had no choice but to call the
00:19:32
authorities and have him brought back to Ohio. It really is like someone coming back from the dead and bringing
00:19:39
mystery with them. All right. On January 31st, 1998, This is State of Ohio versus Patrick
00:19:47
Kennedy Welsh, case >> almost 15 years to the day he left his home and family. >> A motion was filed for a reduction in
00:19:54
bond. Patrick Walsh was arrested and charged with insurance fraud and non-support of his two sons.
00:20:01
>> This is not a situation where people have been harmed or anybody has been killed or
00:20:06
anything. >> attorney, Sam Weiner, is trying to get his $300,000 bond reduced. >> This man is really no threat to society
00:20:13
and certainly no threat to leave the jurisdiction. >> So, he can be released to his
00:20:17
girlfriend, Ann Anderson, and wait out his trial back in Galveston. >> Mr. Beck, when he asked to be released
00:20:23
from bond, what he's saying is trust me. Bob Becker is the Licking County District Attorney. I understand this is
00:20:28
not a murder case, but I do take strong exception to Mr. Weiner's characterization of this case as one
00:20:34
without victims. There are, in fact, real victims in this case who have suffered real harm. The motion for
00:20:40
reduction in bond is denied. Clear the hallway, please. >> When this whole thing's over,
00:20:45
I may never see him again. I will never know that until it's over. So, even though you see him
00:20:51
now in shackles and in prison gear, at least you get to see him. It's great. I have a father for this brief moment.
00:20:58
With Pat Walsh sitting in jail, I'm not angry. I'm not nervous. unable to run from his problems this time,
00:21:05
I'm here to see what he has in in terms of plans for his future. Elizabeth and her sons finally had a chance to
00:21:12
confront him face-to-face for the first time in 15 years. Not our future, but his future as it still affects something
00:21:20
that for him became a liability and for me became the greatest assets, our kids.
00:21:30
What do you think he wants? Out. Out of jail? Out of jail. 30 minutes later, That was different.
00:21:41
He said right off the top he was sorry. I didn't believe him, just like pressing charges, I had to press him to
00:21:48
think about the reality of what he's facing now and that he can't just fantasize about returning to Galveston.
00:21:56
What was it like the moment you walked into that jail and saw him? And it was a lot like looking into a
00:22:02
mirror. We mimicked each other almost. He said, "I love you." And I said, "Take care of yourself. I'm going to go hide."
00:22:08
I brought up the boys. It was clearly painful for him. >> I expressed to him that he really needs
00:22:14
to show some sort of admission to to his family, to to my mother, to my brother, and and to
00:22:22
me that he has, indeed, done us wrong. >> When he told you that he loved you, did
00:22:28
you believe him? I don't know. I wanted to, but I don't I don't know if I can trust him. More
00:22:35
important than words are the actions. He can say he's sorry, but he has to show me he's sorry. And he is yet to do
00:22:44
that. Pat Walsh pleads no contest to eight felony and four misdemeanor counts of fraud and non-support. You saw me
00:22:52
swear. So, he not only needs his family's forgiveness, Mr. Walsh, do you agree with the facts as has been stated
00:22:57
by the prosecutor? Yes, your honor. he's also at the mercy of the court. Are you
00:23:02
entering the pleas or changing your pleas freely and voluntarily knowing what your rights are? Yes, your honor.
00:23:07
Coming up, You have no conscience. Your acts were cowardly and they were criminal. Judgment day for Patrick
00:23:14
Walsh. >> And for that, [music] you will be punished. But first, You'd have to lift
00:23:19
up a low rock in a wet place to find anybody as sorry as he is. The tide turns in
00:23:24
Galveston. How did Patrick Walsh, a father who disappeared, manage to outrun his past
00:23:47
for so long? Maybe it's because some of the people who got to know him in his new life,
00:23:53
alias Tim Kingsbury, simply wanted to believe the best about people. Or maybe they just didn't want to know the worst.
00:24:01
However it happened, now, after 15 years, a dad's double life is finally catching up with him. Here again is
00:24:09
Harold Dow in Galveston, where they are changing their tune. While Patrick Walsh sits in an Ohio
00:24:16
jail, back in Galveston, the tide of public support has begun to turn against him.
00:24:21
>> I think he's probably one of the great con men of all times. >> A.R. Schwartz is known to everyone here
00:24:27
as Babe. >> I think Bezzler's con men, forgers, liars, cheats, and thieves ought to do
00:24:33
hard time when they're caught. As majority owner of the local radio station, Today I'm 15 Schwartz hired
00:24:39
Patrick Walsh, alias Tim Kingsbury, as general manager. >> In his application, he said he was
00:24:44
single. Said he had no children. And he gave his name and he gave a fictitious social security number.
00:24:50
Schwartz, a former state senator, admits he's one of many people in Galveston who
00:24:55
got duped by Walsh. >> He conned me pretty good and I don't like it. I don't like being conned. I
00:25:00
don't like being that stupid. >> And Schwartz says the Galveston County District Attorney, Mike Guarino, was
00:25:06
also conned. >> I have written the District Attorney and I've told him he got conned, too. Even
00:25:10
though Guarino charged Walsh with forgery and knew that this well-known public figure was living a lie, he never
00:25:17
announced that accusation publicly. >> This man goes before the court, goes before the District Attorney. How come
00:25:22
nobody in the community knows about this? >> I don't know. If it'd been some kid that
00:25:26
jerked four hubcaps off a car, it'd have been in the newspaper. Some people thought the District Attorney
00:25:31
should have called a press conference, should have had his picture plastered out there for the entire community to
00:25:36
see. What's your response to that? >> is not a publicist or the town crier, so to speak. He's the prosecutor and he's
00:25:42
got to uh prosecute the case. Which Guarino says he did right by the book. >> We really didn't handle it any
00:25:48
differently than we would than we would have handled, you know, a forgery case of this nature.
00:25:53
>> He admits he knew about Walsh's abandoned family in Ohio. Did you know he was married with children?
00:25:58
>> Yes, we did know cuz he told us he had walked away from a family. We had no current information on them
00:26:03
or their whereabouts. But at the court hearing to determine Walsh's sentence, Guarino never informed the judge about
00:26:10
Elizabeth and their two sons. Judge Carmona, the District Judge, got conned. Never in his lifetime would he have
00:26:17
given Patrick Walsh probation had he known that Patrick Walsh abandoned his wife and children. District Court Judge
00:26:24
Frank Carmona confirmed to 48 Hours that he was not told about Walsh's family. Guarino says he never brought it up
00:26:32
because it was not a legal issue relevant to the forgery case. >> Did you feel it was your responsibility
00:26:37
to try to seek out and locate the wife, the children of Patrick Walsh? No, at the time we did not. We did not think
00:26:44
about it. We had notified all the agencies that we thought were proper, including the Ohio side of the equation.
00:26:50
We thought they would seek them out, but we really didn't think about it. Hindsight's 20/20.
00:26:54
Uh I'd probably do it today. He's not admitted publicly that he was conned like the rest of us, but he should.
00:27:01
But Schwartz is far more upset at his partner, Vandy Anderson, co-owner of the radio station and brother of Kingsbury's
00:27:09
girlfriend. I put it all on his back cuz he knew every bit of it. >> Vandy was on the air.
00:27:13
>> Vandy was on the air every day. Schwartz believes Anderson had an obligation as a
00:27:17
news reporter to inform the public. >> Vandy Anderson should have come out here and said, "Tim Kingsbury has been
00:27:23
convicted of his second felony at the courthouse today." You think he should have went on the air and said that?
00:27:27
Absolutely. If he goes on the air and gives the news, that's news. Because of that, Schwartz fired Anderson as news
00:27:33
broadcaster. According to Babe, this man known as Tim Kingsbury conned you, conned your sister, conned everybody.
00:27:40
Sure. Do you feel like you've been conned? No. Not at all. Anderson's sister, Ann, remains loyal to him as
00:27:46
well. She supports him 100%. I think they'll be together the rest of their lives.
00:27:50
>> Do you think he conned your sister? No, I think we all knew that there was a past and we just didn't want to know
00:27:56
what it was. Ann Anderson declined our request for an interview. If this guy had conned my sister, my first
00:28:03
inclination would be to beat the hell out of him. What we know him as is a good person.
00:28:08
Uh if he did something years ago that was bad, he's made up for that, I think, in his own life. I hope so.
00:28:14
And that's how we know him. But as the story unfolds, others in Galveston aren't so forgiving.
00:28:20
>> The guy belongs in an orange jumpsuit. I guarantee you, 2 years in the general
00:28:24
prison population will make a brand new man out of him. Doug McCloud, chairman of Moody Gardens, a top tourist
00:28:30
attraction, worked with Kingsbury in various civic groups. >> This [music] guy was, in fact, nicknamed
00:28:35
The Amazing Tim. That's understandable now because he gained this trust. [music] Everyone felt like this guy was
00:28:41
most trustworthy person in the world. >> McCloud believes the people of Galveston
00:28:46
are wiser from the whole experience. If a new person came to town tomorrow and [music] donated a lot of time to
00:28:53
community efforts, do you think you'd still check him out? I think I think I know the answer to that.
00:29:02
Just ahead, Elizabeth Walsh wishes to make a statement. Thank you, your honor. the public confrontation. Every Father's
00:29:09
Day for the past 15 years was stolen from the lives of your sons. What will be the punishment for Patrick
00:29:17
Walsh's deception? You're telling me you're not [music] angry at this man. >> I'm not angry with this man.
00:29:30
>> Not even a little bit? I don't believe so. >> It's been 7 months since Patrick Walsh
00:29:35
was brought back from the dead. >> He has chosen his course and I have chosen mine. And today, I feel that I
00:29:42
have done the right thing for my sons. Judgment day for the charges of non support and insurance fraud. Pat
00:29:49
maintains that he believes he [music] did the right thing when he deserted us. >> All right. Besides facing his punishment
00:29:55
>> This is State of Ohio versus Patrick Kennesey Welsh. Pat Welsh must also face
00:30:00
his family including his own father. Elizabeth Welsh comes to court with a new look and new determination that what
00:30:07
she did was right. Today's date is May 21, 1998. We're here today for the purposes of sentence. I've made it clear
00:30:14
from the beginning that I believe a term in prison is appropriate in this case. Seems to me
00:30:19
this is this man's third felony conviction. For that fact alone, he ought to go to
00:30:25
prison. Welsh has pleaded no contest. >> This court finds that the defendant is guilty as charged
00:30:30
>> and will be sentenced by Judge Gregory Frost. Come in now to the matter of sentence. But first The uh court has
00:30:36
been informed that Elizabeth Welsh wishes to make a statement and also Christopher I believe wishes to make a
00:30:42
statement. Ms. Welsh. Thank you, Your Honor. Pat, you started on this sad journey by stealing money
00:30:47
from Ohio State University, from your father and from mine. You took our love, you took our trust, you took
00:30:55
our innocence, our home, and any hope we had for a normal life. Every trip to Colorado, every South
00:31:03
Padre Island vacation, every Christmas, every Easter, every 4th of July, every Father's Day for the past 15 years
00:31:12
was stolen from the lives of your sons. Instead of being a father that they can respect and emulate, you were a
00:31:18
50-year-old kept man. And what was I to make of your last letters to me? Do you remember what you wrote?
00:31:27
You are my light and my deepest love. You know how much I treasure life, I treasure you and your future more. You
00:31:34
know how much you are a part of me, so I hope you know that a part of me will live on.
00:31:40
Know that there was no one on Earth that I cherished more. But you did cherish someone more, Pat.
00:31:47
And that person was you. I'm sorry for you, Pat. Christopher, do you wish to make a
00:31:51
statement? >> Yes. Come forward. How can you turn your back on a family that loves you? How can you
00:31:58
in one breath say you love somebody and then turn your back and run? How for 15 years can you never call your
00:32:06
sons and say hello? How can you look me in the eye right now? I hope you'd think about this and
00:32:12
maybe give me some sort of reply. Finally, Mr. Welsh, is there anything you wish to say before the court
00:32:17
pronounces sentence in this matter? Yes, Your Honor. You may proceed. Ted and Chris,
00:32:22
I love you deeply. I really do. The great sadness of my life is that because of what I've done,
00:32:31
you may never know how much I love you or how much I missed you. Pat, you I'm sorry.
00:32:36
You did a wonderful job with the boys. I'm sorry for what I've done. I'm ready to continue my punishment.
00:32:43
Thanks. Thank you, Mr. Welsh. And finally, with Elizabeth, Chris, and Pat's father
00:32:49
Richard watching You have no conscience. Your acts were cowardly and they were criminal. His sentence
00:32:56
>> And for that you will be punished. You therefore have a total sentence to be served of 4 years at the Orient
00:33:03
Correctional Receiving Center. There is restitution to be made and you will pay every penny of that. 4 years of prison
00:33:11
and over $92,000 in fines. Is this ever going to be over for you? It doesn't come to closure exactly,
00:33:20
but this part of it does. The hurtful part of it that involved deception, betrayal, [music]
00:33:28
hardship is done. It's done. Now [music] it gets settled, the debts get paid, and we all go on. Next
00:33:36
>> I know I did bad things. I know I did terrible things. Pat Welsh [music] tells
00:33:39
his side of the story. >> I need to explain that I never stopped being a loving father.
00:33:51
I know I did bad [music] things. I know I did terrible things. But I tried once and for all to make something
00:33:59
positive of [music] my life in Galveston. >> Patrick Welsh has never spoken publicly
00:34:03
about his disappearance. I need to explain that I never stopped being a loving father.
00:34:08
>> Until now. I did this thing to make life better for my boys without having to
00:34:12
live under the shadow of this criminal who was Pat Welsh. >> We've seen pictures of you with the boys
00:34:18
and you look so happy. You look like the the model dad. What happens to a guy? How do you go from
00:34:23
that to doing what you did? It I mean it was very uh very vivid in my mind when it happened.
00:34:30
I I had had told Elizabeth that I was going to pay her father back money that I didn't have. That was January 21,
00:34:38
1983, the day Pat Welsh disappeared. >> I thought there was some way I could get
00:34:44
that money and when I couldn't get that money, uh I knew that what was going to ensue was
00:34:50
just just the disintegration of of everything. And I said this is it. This is the moment that I
00:34:58
have to just go kill myself. Did you really intend to kill yourself? Absolutely. Absolutely. I I I went to
00:35:04
the edge of the pier. I was a bad person to myself. I thought they would eventually be happy to have been rid of
00:35:11
that bad person. In the end I couldn't face that. That in the last second you can't say
00:35:17
you're sorry for killing yourself. The person that I just saw on those tapes was
00:35:23
acting. 48 Hours showed Pat's interview I did a bad thing >> to Elizabeth and her sons.
00:35:29
>> My interpretation was that he was acting the part of someone who was supposed to
00:35:33
be contrite, who dearly loved his sons and was really trying to do the right thing by them. How did you come up with
00:35:40
the name Tim Kingsbury? Looked in a newspaper for someone who was born about that time.
00:35:46
Really? Just looked in the newspaper, saw this name, said that sounds good. Yeah.
00:35:52
Why Texas? Far away. I've never known anyone from Ohio who'd ever gone to Texas.
00:36:01
Couldn't afford to go to the East Coast or to California. Texas. You say you did this for your
00:36:09
family. What did you think was going to happen to them? How did you think they were going to get
00:36:15
by? I knew that my family had the resources to take care of the boys. I knew that Elizabeth was beautiful and
00:36:23
talented and someone else would come into her life and and become a new father for the boys. But that's not how
00:36:28
things worked out. I'm lucky that I had a lot of books to read and and I had Chris and my mom and Aunt
00:36:37
Claire and around and he we did we never did find another dad. Did you like being
00:36:42
a husband and father? Oh, sure. Sure that was um was absolutely wonderful. Trust. There
00:36:50
is no trust there whatsoever. I mean I cannot trust this man at all. And I do not trust anything he says. In
00:37:00
those 15 years, how often did you think about the boys? Every day. Every day? Every day. Every day. Why not just pick
00:37:08
up the phone and call? Hi, just wanted you to know I'm alive. I'm here. I did this for this
00:37:15
reason, that reason, whatever, but I'm here. If it was bothering you so much, why
00:37:19
couldn't you do that? I thought about picking up the phone and calling them. That's That's Those are the times when
00:37:25
you would say the the price I'm paying is not knowing and I'm going to pay that price today.
00:37:31
>> Let me just make sure I understand this. You but you thought you were punishing
00:37:33
yourself by not picking up the phone and calling. >> Exactly. I mean it's certainly wouldn't have brought them any
00:37:40
joy. You know what they told me when I first met them? I was so happy. Okay. I had a dad. Oh, good. My father is still
00:37:47
alive. So maybe if you picked up the phone now, it wouldn't have been as bad as you
00:37:51
thought. Thanks for telling me that. I keep thinking how can he say these things
00:37:56
and keep a straight face? Would you like to have a relationship with Ted and Chris? Absolutely. I want it
00:38:02
desperately. I know I don't deserve it. I know it's on their terms. But when that day comes, I hope it does
00:38:08
come. When that day comes, I hope it's pure and simple that when they see me, they're glad. But since Pat Welsh's
00:38:15
sentencing, Ted and Chris say their father has not contacted them. >> He's obviously erased my brother and I
00:38:20
from his lives. What do you owe the boys? What do you think you owe the boys? A game of catch.
00:38:26
>> [snorts] >> A game of catch. You can't even say he's a father. That's There's nothing behind those
00:38:34
words. Despite his 4-year sentence I'll pay my debt. Pat Welsh is likely to be released in a few months and I'll make a
00:38:41
contribution to this world and plans on returning to Galveston. As Tim or as Pat? As Pat.
00:38:48
I mean there's there's no charade anymore. It's It's my name. I got to tell you Elizabeth has been very gracious when it
00:38:57
comes to to you. She's a better person than I am. She really is. I don't know why uh I would expect
00:39:07
anything else. >> [music] [music] [music] [music] >> Angel [music] Downs' first love was the
00:40:08
beach. From the time we were kids, and I think the beach was just always a part of her
00:40:15
life. I'm Susan Bloodworth, Angel Downs' younger sister. Angel was a free spirit. She was very
00:40:26
loving and caring. Angel was [music] a beautiful person with a very very big heart.
00:40:39
Angel Downs was one of my best friends. My name is Steven Nodine. I'm a former county commissioner Mobile, Alabama, a
00:40:46
former city council member, and a political operative. We loved each other. We loved being
00:40:52
around each other, and I had a 6-year affair with her while I was married. Steven Nodine was a very well-liked
00:41:00
politician. I'm Jack Tillman, former sheriff of Mobile County. He run with some pretty powerful people.
00:41:07
And apparently he had connections in Washington. When I first met him, he's he's was very
00:41:14
charming, very sweet, sweet to her. She fell for him. She fell in love, but as time went on, she realized Steven was
00:41:24
not leaving his wife. Anytime she would try to end the relationship, he would get angry.
00:41:34
Steven Nodine had a a double personality. One moment he was happy-go-lucky, but if
00:41:40
you made he turned into a completely different person. I just asked her. I said, "What is it
00:41:46
going to take for you to leave [music] him? For him to kill you?" I never seen a violent side from him, never.
00:41:53
91, what is your emergency? 440 shot. Unit 501, female is laying on the ground, bleeding heavily, been shot
00:42:00
wound to the head. Every bit of evidence showed it was a self-inflicted gunshot wound.
00:42:09
It was a red truck here and he left very quickly, and I'm pretty sure the man's name is Steven Nodine.
00:42:17
I've been wrongfully [music] accused of the murder of Angel Downs. There were several occasions where she said, "I'm
00:42:23
probably going to lose my life to him." There's a lot of theories out there, but
00:42:27
I know that when I have to meet the Lord God Almighty, I can stand up there and say that I did not shoot, harm, hurt
00:42:35
Angel Downs in any form or fashion. I was adamant. Her friends were adamant. We were all adamant it was not suicide.
00:42:45
Steven killed Angel. >> [music] [music] >> Angel Downs was hard to miss. Her friends joked about her startling good
00:43:27
looks. They called her Barbie. And her love [music] of the beach kept her close to home in Gulf Shores,
00:43:37
Alabama. We were best friends. We did everything together. Susan Bloodworth is Angel's
00:43:44
younger sister. If you saw one of us, you saw both of us. We were just very tight,
00:43:49
>> [music] >> very close. Angel was 45. She sold real estate in Gulf Shores and lived in one of those
00:43:57
quiet subdivisions where nothing much ever happens. By all accounts, she was happy except when it came to affairs of
00:44:06
the heart, emotionally and physically. She was born with a rare, life-threatening heart condition. May I
00:44:14
ask about the heart condition? What What was it? Thelma Hinkley is Angel's mother.
00:44:19
>> She had a Her heart was the size of a man 65 years old when she was 18 months
00:44:23
old when we discovered that. Because of her heart trouble, Angel could never have children. Her animals were indeed
00:44:31
her babies. Winston, her cat, now lives with Angel's sister Susan. He's all we have left
00:44:39
of Angel. The emotional heartache in Angel Downs' life began on the beach. In 2004, she met Steven Nodine on a
00:44:51
weekend here centered around a storied local tradition called mullet toss. My God, you don't know what mullet toss
00:45:00
is? >> I'm I'm not from around here, sir. What is mullet toss? Mullet toss was a event.
00:45:08
We toss a dead mullet. One year it's from Alabama to Florida, next year it's from Florida to Alabama.
00:45:15
It's a beach party. It's a big fundraiser for the Marine Corps. One of my greatest
00:45:21
assets was is that I was a celebrity mullet tosser. We all have a picture with us. Our celebrity tosser, Steven
00:45:27
Nodine. >> Good fish. How'd you do? How far did you throw? >> 85. We were just down there having a good
00:45:33
time and we met through some friends and hit it off right away. Nodine had just been elected a county
00:45:40
commissioner for Mobile County, Alabama. He was also married, although he says the marriage was on the rocks. I lived
00:45:49
in separate bedrooms with my wife for 14 years. He began an affair with Angel Downs, who
00:45:55
lived 50 miles away in Gulf Shores. We spent the weekends on the beach, you know, down there playing
00:46:03
Frisbee or, you know, just enjoying ourselves. You didn't really keep this secret. No. I mean, you were you were
00:46:12
seen in public with her all over the place. >> Sure. Front of media. Yeah, why did you do that?
00:46:19
Just because I was arrogant. Right next to that big hole up there. That's where your office was?
00:46:26
>> Yeah. He was also powerful with powerful connections and the pictures to prove
00:46:31
it. There are only three county commissioners in Mobile. They control the money. Nodine built roads and parks
00:46:40
and bridges. Once you meet Steven, he's such a dynamic personality. I mean, he just latches on to, you know, and you
00:46:48
don't forget him. Jack Tillman is the retired sheriff for Mobile County. So, if I'd come down here
00:46:54
in say 2007, 2008, and I mentioned the name Steven Nodine, what would people say?
00:47:00
Oh, they thought he was a tremendous commissioner. But now, as far as his personal life, I don't know.
00:47:07
I I didn't I didn't I didn't run with him in that way. We were political friends. When Nodine was running around
00:47:14
with Angel Downs, her best friends, Emily Simmons and Kayla King Donald, saw them together frequently. He was very
00:47:23
nice, very polite, um very loud, attention getter, wanted attention, life of the party,
00:47:33
everybody look at me. Did you like him? Yeah, I liked him. He was very nice. He just had that hold
00:47:40
on her that I can't explain. We wanted to spend the rest of our lives together. We loved each other very much. They had
00:47:48
their ups and downs and even broke up a few times. Angel didn't like the role of
00:47:54
the other woman, and she insisted repeatedly that Nodine, who was not just married, but was the father of a young
00:48:01
son, get a divorce. Desperately, she wanted him to get a divorce. She was in love with him. And Nodine promised he
00:48:10
would. About 6 months to a year into the relationship, she started questioning why it was
00:48:16
taking so long for the divorce to be final, and then he probably about a year a year into it,
00:48:23
told her that he'd never filed. How did she feel about that? Not very good. Do you understand
00:48:30
why you didn't get divorced? Sure. I wanted everything. I wanted to have Angel. I wanted to have my family life to come
00:48:39
back over here in Mobile. I wanted to escape to the beach when I could, um to live two different lives. It all
00:48:49
worked pretty well for Nodine for 6 years. Until May 9th, 2010, Mother's Day. It was a beautiful day. Were you getting
00:49:01
along? Absolutely. Angel looked very happy in photos taken just hours before she died. We had a, you know, a normal
00:49:09
day. I mean, no fighting, no arguing. Until Nodine dropped Angel off at her house and left to go home to his wife.
00:49:20
When we dropped each other off, and again, the comment was made to me that, "Oh, you're going back to your wife." I
00:49:26
assume she was pissed off. Um I more likely said, "I love you, babe." And um then I left. Um
00:49:37
got up the road, forgot my wallet. Nodine turned around and went back to Angel Downs' place. We rented a similar
00:49:46
truck and retraced his steps. When I came back to get my wallet, uh I parked um parallel to the
00:49:54
to um her house. Um my radio was going, my stereo and my air conditioner was going.
00:50:01
>> Did you see her at all? >> When I came in to get my wallet, I came in and grabbed my wallet and left.
00:50:07
And that's when this quiet subdivision suddenly stopped being Yeah, Alabama 25. one of those places where nothing much
00:50:15
ever happens. >> Before the gunshot, had you seen the truck here? Oh, yeah, the truck's been
00:50:19
here. Been here. Angel's neighbor, Roger Whitehead, who's a firefighter, will probably never forget that evening.
00:50:26
I think there was a gunshot, Mr. Nodine was still here, and then he got in his truck and left.
00:50:34
I did not shoot her. I did not harm her. She took her own life. She's not here to accept that [music]
00:50:41
responsibility. We continue to follow some breaking news out of Baldwin County. Police say a
00:50:58
woman was found shot to death last night at the condominium. Even before police had a solid theory about how Angel Downs
00:51:06
ended up shot dead with her own gun in her driveway, DA Judy Newcomb was on the case. The sheriff called me about 11:30
00:51:15
and told me what had happened. May I, if you would, just step back, okay? Police
00:51:19
in Gulf Shores, Alabama wear body cameras and they recorded the scene that night. I think they were still examining
00:51:27
the issues of whether it was a suicide or a homicide. Why weren't they sure? It's someone who's shot in the head with
00:51:32
their own gun, which statistically would be a suicide and what everybody's first
00:51:37
impression when they see it is, oh, someone killed themselves. It had one still in the chamber and six left in the
00:51:43
magazine. Her gun lay just inches away. Did it ever cross your mind that this could have been a suicide? Never.
00:51:53
Not not one time. But Angel's closest friends and her family knew 4 years earlier she had
00:52:03
tried suicide. Angel was going through a very difficult period. At that time, I think she she
00:52:10
realized Steven was not leaving his wife. In 2006, she took an overdose of pills.
00:52:18
How did you find out that she had taken all those pills? Well, in 2006, she actually called me
00:52:27
to tell me she was sorry um for what she had done. She was so sorry for ever hurting me.
00:52:36
By continuing [snorts] the relationship with Steven Nodine. Right. Copy, come to
00:52:40
the scene. And that suicide attempt is just one fact that makes this case so hard to figure out. It obviously became
00:52:48
a huge red flag immediately in May 2010. But her sister says Angel died with plans for the future. She was expected
00:52:59
at a dinner party that night and had just made appointments for the following week. It looked nothing like suicide to
00:53:07
Susan Bloodworth. If she was going to do it, she would do it peacefully. Take pills, go to sleep.
00:53:14
Not take a gun and shoot yourself. Mhm. I hate to say, you know, she was vain, but Angel was vain in the sense that she
00:53:22
wouldn't want someone to see her that way, you know, to to find her that way. She was found face up in a pool of blood
00:53:29
in the middle of her driveway for all her neighbors to see. I had a neighbor come to my door. I live
00:53:36
just around the corner and she told me someone had been shot and she knew I was a nurse. Ann Myers came running. She
00:53:43
knew right away what she was looking at. I knelt beside her and I did an assessment like I normally do.
00:53:50
I looked at the wound and pretty much figured out it was a fatal shot. Steven Nodine was nowhere to be found.
00:53:57
Remember, he says he drove off moments earlier after getting his wallet from inside Angel's condo. And he says when
00:54:06
he pulled away from her driveway, he saw nothing and heard nothing. My radio was going, my air conditioner
00:54:13
was going. Somebody, you know, one of the people said it sounded like a firecracker. I have horrible hearing to
00:54:18
begin with. If I would have heard it, I would have known. If I would have seen her, I would have stopped and did
00:54:24
everything I could to help her. A few hours later, Nodine got a call from a friend saying the police wanted
00:54:31
to talk to him. So, he called his lawyer. I said, "What the hell's going on?" And um that's when he told me that
00:54:38
there had been um a shooting on Fort Morgan Road of a blonde-haired young lady. I immediately
00:54:46
knew, obviously. You knew. I didn't know, really, but I had a horrible sinking feeling in my
00:54:54
gut. Nodine went right to the police. How long were you there? Hours, 4 hours. >> 4 hours? Offered to take any test. How
00:55:03
did they treat you? I mean, did you feel like you were a suspect? >> No, absolutely not.
00:55:08
But he was wrong. Authorities didn't believe his story about what really happened earlier at the condo and also
00:55:15
questioned what really happened afterwards. He told them after leaving Angel's, he
00:55:20
first stopped [music] at a convenience store where he's seen on surveillance tape. Then he went to this golf club,
00:55:27
but it was closed. Next, he says he drove to one restaurant, changed clothes in his
00:55:33
truck, but then decided that restaurant was too crowded and ended up again on tape at this restaurant nearby. And
00:55:42
that's where you ate. Didn't eat, drank some coffee, uh drank some water and watched the game. The next morning, I
00:55:49
received further calls from law enforcement. >> What were some of the things that had
00:55:53
concerned the police? Well, I think it the statement Mr. Nodine gave that night. I think the more they looked at
00:56:00
the scene, Truck's been in and out here, you know what I'm saying? >> what they knew about the day, just
00:56:04
different issues were concerning them. >> It was like the gunshot and he was pulling off. that it in fact could be a
00:56:09
homicide. And then things started moving more quickly than anyone had seen before.
00:56:15
Just 2 weeks after Angel's death, What have you been indicted for? Steven Nodine was indicted for murder and
00:56:22
arrested. Excuse me, Steven. Timing raised some eyebrows because DA Judy Newcomb was up
00:56:30
for re-election. >> Fighting crime. >> day was just days away. >> private >> Nobody gets indicted on a murder charge
00:56:37
2 weeks after the murder. Dennis Kneisely was Nodine's lawyer. He put it together with being 8 days before the
00:56:44
election. It appeared to be not so much going after Steve, but an opportunity to
00:56:50
have some high-profile uh prosecution immediately before the election. Did politics and your desire for re-election
00:56:59
play any part in the way you handled this case? >> No. Not at all? >> Not at all. Most people know that I'm
00:57:06
probably the least political person in Baldwin County. Did you ever think you'd find yourself in handcuffs,
00:57:11
Steven? Nodine was pretty well known to the police and not just because he was a
00:57:16
public figure. In 2009, before Angel's death, traces of marijuana were found in Nodine's
00:57:24
county-issued pickup truck. He was forced to resign. Nodine admits he smoked pot to control hip pain and later
00:57:32
became addicted to prescription painkillers. He got addicted to Lortabs and he was abusing them at the time of
00:57:39
this arrest. Nodine's problems were piling up. Shortly after he was indicted for
00:57:45
murder, prosecutors here in Alabama discovered he had guns. None of them had anything to do with
00:57:52
Angel's death, but he was still charged under a seldom-used federal statute for being a drug user who owned guns.
00:58:02
I believe it was collusion between the US Attorney's Office and the Baldwin County DA.
00:58:08
It was first things first. The gun case would have to wait for the murder case and it took 7 months for that trial to
00:58:17
begin. It had been probably the most publicized murder case in South Alabama in, you know, 50 or 100 years.
00:58:25
>> Did you shoot your girlfriend in the head? Prosecutor Judy Newcomb was in the
00:58:29
spotlight and on the spot. Remember, she had no forensic evidence, nothing to physically tie Nodine to Angel Downs'
00:58:38
death, but she told us she was ready for trial. Other than some of the big cases
00:58:45
people do on television and a whole lot of cases that we do, there's not a lot of forensic evidence.
00:58:51
>> With three animals? >> She'll get some help from Angel's friends and family who say Nodine could
00:58:56
be not just controlling, but frightening. Her sister says he stalked Angel online and in person. He would do
00:59:04
drive-bys. He would come by her home. He would send her text messages and say, "I
00:59:09
see someone's at your house. Who is it?" He would leave notes on her car. Did you
00:59:15
stalk Angel? >> Absolutely not. Even during these periods where you were fighting and and
00:59:21
and all, when you would break up, did you do anything that could be interpreted as stalking?
00:59:26
>> Not in any sense. Imaginary or likewise. I mean, there's just no way. But Emily Simmons and Kayla
00:59:36
King Donald say Angel told them Nodine beat her and pushed her several times. Nodine denies it all and there were no
00:59:44
police reports filed, but the friends say in the weeks before her death, Angel was getting more afraid of Nodine. She
00:59:53
broke down in tears in her kitchen. And I said, "Why are you crying?" And she said, "He's not the same person
01:00:00
that I've known all these years, Emily. He's changed. Just always know that if you ever find me dead, he killed
01:00:05
me." I'm sorry? If you ever find me dead, he killed me. And the DA knew she could count on some
01:00:11
powerful and chilling testimony about the last few moments of Angel Downs's life. Angel was obviously scared for her
01:00:20
to pull her gun and call me and ask where to shoot someone. I think of Angel Downs every day.
01:00:44
I think of her when I walk on the beach. I think of her almost every chance I get.
01:00:52
And that is something that I'll miss for the rest of my life. Prosecutors have spent 7 months
01:00:58
preparing the case against [music] Steven Nodine for murdering Angel Downs and the trial is about to begin.
01:01:06
He told me that he misses her every day and seemed to be crying. Seemed to be. >> [laughter]
01:01:14
>> I I can't believe it. I don't believe it. I believe it's an act. He's a politician. Turn the waterworks on when
01:01:19
you want to, you know, flip the switch. Nodine, the one-time county commissioner, was now a defendant in a
01:01:27
murder case and his lawyer, Dennis Neisler, says that meant a big adjustment. It took a while for Steve to
01:01:36
get out of the mentality and the mode of I'm a person in a position of authority
01:01:41
into I'm a person charged with a crime, murder, and I'm fighting for my life. I'm used to being in control, but
01:01:49
certainly I'm at a loss here of my destiny. His [music] destiny would be determined
01:01:55
by others, a judge and jury. What made me nervous leading up to the trial is that there was no smoking gun.
01:02:03
In December 2010, prosecutor Judy Newcomb opened her murder case against him and she says there's plenty of
01:02:11
circumstantial evidence, >> [music] >> starting with the position of Angel Downs's body. The biggest thing that
01:02:17
struck everyone as extremely strange is that Angel's hair, literally her hair looked like it had been laid out as
01:02:25
opposed to someone falling back. And Ann Myers, Angel's neighbor, the retired nurse,
01:02:31
thought so, too. Her hair was just a perfect like somebody combed it out like a halo, which I've never seen before,
01:02:39
you know, in a trauma case. Newcomb's theory was if Angel had shot herself, she would have crumpled to the
01:02:46
ground and her hair would never have ended up arranged like that. To the DA, it looked as if someone had staged the
01:02:54
scene. She tried demonstrating by falling backwards onto the floor herself, right here in this courtroom.
01:03:02
It would have been a dramatic moment for the prosecutor if only it had worked. Her hair flayed
01:03:08
out exactly like Ms. Downs did. So, it showing it was not staged. It was just that's what happens when ladies with
01:03:15
long hair fall back. You must have been uh quite pleased with the way that turned out. Uh it was a positive time
01:03:22
for the defense there. >> time. Yeah. It didn't come out as clearly as maybe you would have hoped.
01:03:29
Clearly Right. Yeah. But I do not think it was the failure [laughter] that it was reported to be.
01:03:36
Newcomb could still try to get the jury to focus on what happened just before and just after Angel's death.
01:03:44
Well, that was that night Angel called. It was Mother's Day. Angel's sister, Susan, got a call that
01:03:52
evening from Angel, but she was busy and ignored it. And then she got a second call. All she said was, "If someone's
01:04:01
trying to break into your home, where do you shoot them?" And I said, "The chest,
01:04:05
the largest part of the body." And I said, "Is it Steven?" She said, "No, it's not Steven."
01:04:11
But Susan feared the worst. And I said, "If you can't tell me who it is over the
01:04:16
phone, send me a text in case something happens, I'll know what's going on." Had she
01:04:23
texted you? When I looked at my phone, I actually had a a text from Angel that said, "Steven
01:04:28
Nodine is here." My heart sank. 6 to 7 minutes later, we have a 911 call and she's dead.
01:04:39
So, what do you think happened that evening? I don't know. I've played it in all
01:04:44
scenarios, but at the end of the day, I don't think she was the one that pulled the trigger.
01:04:51
I don't know what happened. I don't know if she came out to threaten him with it
01:04:54
and he turned it on her. There's only two people that know and now only one. So, exactly where was Nodine when the
01:05:05
shot was fired? This man might well know. Roger Whitehead is the neighbor who lived across the street and a few
01:05:12
houses down from Angel. He heard the shot and as he told the police that night, he rushed outside. When the
01:05:20
gunshot went off, I heard it. I stepped outside and and he was pulling off that way. It is a critical point in this case
01:05:27
because if Nodine's truck was still in front of Angel's house after the shot was fired, he would have been in a
01:05:34
position to have killed her. And that's just where Whitehead told us he saw the truck making a U-turn as we
01:05:41
demonstrated. He would have been coming out of the turn at an angle that was nearly
01:05:47
directly facing me like this. Uh-huh. And then proceeded to leave. You know. But Nodine insists he left as he always
01:05:54
did, by first driving all the way around this traffic island as we did, then passing in front of Whitehead's condo on
01:06:03
the way out. And he says he heard and saw nothing since his radio was playing, the [music] air conditioner was on and
01:06:11
the windows were rolled up. So, there's really two ways to get out of there. You
01:06:15
could have pulled around that end of the cul-de-sac or you could have just made a
01:06:19
U-turn. I know exactly what I did. I pulled around the cul-de-sac. That would mean that when the shot was
01:06:25
fired, Nodine was more likely around here, hundreds of feet from Angel's driveway.
01:06:32
But Nodine could be in trouble if the jury believes he was much closer to Angel's at the time of her death than he
01:06:38
said. But he got a boost for his case that Angel shot herself from the autopsy report, which listed a potent mix of
01:06:48
drugs in her system at the time she died. When you have Ambien and you have Xanax and you have Adderall and you have
01:06:56
alcohol and you've got health issues, that just pushed her over the edge and she killed herself. No. You You don't
01:07:03
call and ask where to shoot someone who's trying to break into your house and then and then you're going to go
01:07:10
and take pills and go shoot yourself in the driveway of your home. I mean, Angel was calling because
01:07:18
someone was trying to get into her home. That someone was Steven Nodine. In most cases, the medical examiner's
01:07:25
opinion helps jurors decide the manner of death. But this case isn't anything like most
01:07:32
cases. >> [music] >> In December 2010, when Steven Nodine went on trial for murdering Angel Downs,
01:07:50
prosecutor Judy Newcomb knew this was a tough case. >> [music] >> For starters, the state's own medical
01:07:58
examiner could not settle on the circumstances of Angel Downs's death. There's no doubt that the fatal shot
01:08:07
came from Angel's own gun, but that's about all that's clear in this case. Alabama medical examiner Eugene Hart
01:08:17
came to this courtroom to testify for the prosecution. He's the one who performed the autopsy on Angel. When he
01:08:24
came to court, he said from a forensic pathologist standpoint, everything indicated it was
01:08:31
suicide. But he didn't call it suicide. Didn't. He called it what? Inconclusive.
01:08:37
Inconclusive, which could mean suicide, could mean homicide. Neisler says the prosecutor tried to
01:08:44
influence Dr. Hart into not calling Angel's death a suicide. Pressure would not be the word. May have
01:08:52
influenced him. Uh Okay, influenced him. >> Well, pressure would has a negative connotation of some maybe impropriety.
01:08:59
But Newcomb says she just asked Dr. Hart to review the evidence. I never tried to
01:09:05
influence his decision about a suicide. What we did try to say is we'd like you to really examine this case to see if
01:09:11
you can reach a decision. Hart would not call it murder, so Newcomb called in another medical
01:09:18
examiner from another state, Georgia. He did not examine Angel's body, but 3 months after her death, he did review
01:09:26
crime scene photos and other evidence and when he rendered his opinion it matched Newcomb's. His opinion was
01:09:33
that it was a homicide. Homicide. So, the jury heard two experts both working for the prosecution with two
01:09:41
different opinions about how Angel Downs died. One said it was homicide, the other said he couldn't be sure
01:09:49
but it looked like suicide. The jurors also had to sort through different theories about how the gun was
01:09:58
held to Angel's head. Angel would have had to be kind of cocked back like this, the way
01:10:05
the angle of the gun was, to commit suicide. And that's not natural someone who's going to commit suicide. This was
01:10:12
pressed so hard against her head there was a muzzle imprint. Defense attorney Dennis Naisley thinks
01:10:17
the evidence about the gun helps his client. So, the gun was against her head like this. Right hand, gun exactly as
01:10:26
you would expect the gun to be up and slightly back if it was a self-inflicted wound.
01:10:31
The gun was laying down beside her body. There was absolutely no signs of struggle on her or him.
01:10:39
There was no blood on his truck. There was no blood in his truck. There was no blood on him. There was no blood on his
01:10:46
hands. There was no blood on his clothing whatsoever. >> [music] >> But no tests were required or done at
01:10:53
that time for gunshot residue on either Nodine or Angel. And no fingerprints were found on Angel's gun. Yeah, gloves
01:11:02
on before you touch that, didn't you? Yeah. Yeah, I did. They had taken the gun and they had tested the gun
01:11:09
without testing it for fingerprints until it came back. The gun had already been handled by forensics and everything
01:11:15
else and wiped down. That's why they didn't have any fingerprints. I agree. All of that plus Angel's previous
01:11:22
suicide attempt proves, says Naisley, that she shot herself. You're going to see blood down Still, DA
01:11:31
Judy Newcomb thinks given the strange stories Nodine told police and the allegations that he beat and stalked
01:11:38
Angel, she's proved her case. I think the totality all this of all the circumstances. I mean, you know, unless
01:11:45
you have a video of a crime and you know, in today's world sometimes people think we should have a video of every
01:11:50
crime. We have to apply our common sense and logic and, you know, I support the case that we built against him.
01:11:58
Well, where do you live out here? Angel's neighbor, Roger Whitehead, the man who comes closest to being an
01:12:04
eyewitness is not so sure. If you were a juror, would you convict Stephen Nodine of
01:12:10
murder? No, sir. Because? Well, we're supposed to be convicted beyond a reasonable doubt, but I have no
01:12:16
idea what transpired here that night. That was up to the jurors to decide. They wrestled with the evidence for 6
01:12:24
hours and came back deadlocked on the murder charge. The judge had no choice. He had to
01:12:32
declare a mistrial. We wanted to get a verdict and we were hoping to put this behind us now. I was
01:12:40
disappointed that they weren't given a longer time to deliberate. We wanted him to be found guilty of
01:12:48
murder. We believe 100% it was murder. That he murdered her. Steven Nodine was a free man, but only
01:12:59
for 4 months. He agreed to plead guilty to that old federal gun charge, possessing a gun while using drugs.
01:13:07
>> God will God will show the way. And that put him away for a year in prison while
01:13:14
Alabama prosecutors decided whether to retry him for murder. That was now up to Hallie Dixon, the
01:13:23
newly elected district attorney who had defeated Judy Newcomb. And it was one tough call for her. The
01:13:31
public had been completely convinced. Completely convinced that this was a murder.
01:13:39
I had law enforcement and and a chief of police and investigators telling me that
01:13:45
it wasn't a homicide and that's tough. Dixon convened a new grand jury to examine the case.
01:13:55
After hearing the evidence, there was a decision. Steven Nodine would not be charged with murder again. Our grand
01:14:04
jury returned an indictment for criminally negligent homicide. In Alabama, that's not a felony. It's a
01:14:10
misdemeanor that says Nodine was partially responsible for Angel Downs' death. That but for him that night
01:14:20
that day she would still be alive and that was the question. It's not a matter of proving suicide.
01:14:28
It's a matter of proving whether or not there was a homicide and when I have no evidence
01:14:34
physical evidence that is consistent with somebody else being the trigger person
01:14:41
then as a prosecutor I don't bring a case on that. There really are a lot there. It's the whole family. Angel's
01:14:47
family was furious that Dixon was not filing a murder charge against sabotaged the case. That's exactly what
01:14:57
I think happened. They would not rest. We were ready to go through another trial no matter how hard, no matter how
01:15:04
difficult it is. Angel's dead. Angel can't speak. You know, we're the only people who can
01:15:11
push for her. [music] So, they went over Dixon's head. They appealed to the Alabama Attorney General
01:15:18
and demanded a special prosecutor. They won. A special prosecutor was named, took the case away from Dixon and
01:15:27
decided to retry Steven Nodine for murder. And how did you feel then? We were elated.
01:15:37
All right, thank [laughter and clears throat] God. >> had a chance and hopefully
01:15:40
you know, finally maybe we can get justice and, you know, get somebody who's going to
01:15:46
take this [music] case and move forward with it. >> [music] >> Just hope that there's peace for
01:16:10
everyone. We can move on with our lives. Once again, Steven Nodine finds himself in a
01:16:16
familiar place, a courthouse. And this time he isn't just asking for help from his lawyer. We pray for real fairness
01:16:25
and compassion as Steve, oh Lord, now will be able to put this behind him in Jesus' name. Amen.
01:16:33
Thank you, Lord. But Susan Bloodworth thinks his attention should be directed elsewhere.
01:16:40
I say that Steven Nodine, um, is on track for a one-way ticket to hell. And that's honestly where I'd like to
01:16:47
see him. But in this case, neither side's prayers were answered. Special prosecutor David
01:16:53
Whetstone was set to try Nodine again for murder but they were all in court because there was a change in plans.
01:17:02
There was a plea deal and a remarkable admission from the special [music] prosecutor. Did we have proof beyond a
01:17:09
reasonable doubt? No. That and that was the basis of the plea. A sudden turn today in the Steven Nodine
01:17:15
murder case. After more than 2 years of trying to convict Steven Nodine of killing Angel Downs, the state of
01:17:23
Alabama dropped the murder charge and a stalking charge. In return, Nodine pled guilty to a much
01:17:32
less serious charge, perjury for lying on a legal form. He also agreed to plead no contest to a charge
01:17:43
he harassed Angel Downs with emails and text of people might consider a a pretty
01:17:49
good deal. Do you think it's a good deal? No. Why? Because I was innocent of all of the
01:17:55
charges. He was ordered to spend 2 years in jail and even then he was just barely
01:18:01
incarcerated. He spent nights and weekends in the county jail. He spent his days working
01:18:09
for his lawyer. It was a far cry from his one-time high-flying, high-powered life.
01:18:17
What do you do here? What's your job? >> Uh, manage the office. It's a different
01:18:21
life than you were used to, but do you like it? No. What would you rather be doing? Uh, I'd
01:18:26
rather be back in politics and working and help shape some of the future of South Alabama like I was before.
01:18:36
But that will have to wait. Nodine's only real responsibility now is to be sure he makes it across the street to
01:18:44
the jail every evening and on time. Angel's family had been hoping for a lot more. He got off very light light
01:18:52
treatment. He got special treatment. It goes back to politics. Steven's a politician. You know, he's very
01:18:59
persuasive. >> What sentence should he have gotten? There there's no sentence good enough
01:19:06
for him. There is nothing that will ever bring Angel back. She's gone. Um I think
01:19:14
he should have been sentenced for murder. We have to accept what happened and move on. That was Angel's graduation
01:19:21
picture. Angel's family will move on, but they will carry with them a grudge against DA Halie Dixon who declined to
01:19:30
prosecute Nodine for murder. She's got a lot of similarities with the Steven Nodine. You know, the two would make a
01:19:36
great couple. No family wants to believe that their loved one killed themselves.
01:19:41
That family has the additional pressure of they're very strong in their faith and
01:19:46
and I think there are religious reasons for some folks that suicide is unacceptable. Show us the proof. Show us
01:19:53
the documentation. We have a hard time accepting what Halie Dixon did to this case.
01:19:59
There's absolutely no way that Mr. Nodine could have shot, staged a crime scene, and still been blood free and
01:20:06
speeding off within the seconds that were re- talked about. Dixon says a lot of people would get the
01:20:13
answers they still seek had she been allowed to prosecute Nodine even for the misdemeanor, criminally negligent
01:20:21
homicide. The way it went down, I think it has left people going, "What happened? What happened? What happened?"
01:20:28
And it was a little frustrating for me cuz if it had gone to trial, the truth would be there.
01:20:35
Almost everyone is frustrated with the way this case turned out, but perhaps no one is more dissatisfied than Angel
01:20:43
Downs' family. They are still hoping for answers from Steven Nodine. It's hard then not knowing
01:20:54
unless he tells what really happened that night. What really happened that night?
01:21:12
Steven Nodine ended up back behind bars full-time when he violated the terms of his work release program, mainly by
01:21:20
missing his curfew. In October 2014, having served his 2 years, Nodine was released from jail. His wife had
01:21:30
divorced him, but he was reunited with his son. I'm going to spend time with my son. I
01:21:37
have to find a job. Um I'm hoping people realize that people make mistakes in their lives and have
01:21:44
forgiveness um as I forgive those uh who wrongfully prosecuted me. Nodine was arrested just before
01:21:52
Christmas for leaving >> Didn't take long before Nodine ended up back in court again. This time he
01:21:57
violated the terms of his probation. He left the state without permission and failed a drug test. Nodine pled guilty,
01:22:07
his probation was revoked, and he was sentenced to 60 days behind bars. And that was probably the end of Steven
01:22:14
Nodine's hope for a return to local politics. He's back out of jail, but unable to
01:22:21
find a job in Mobile. So, Nodine decided to move to Florida. >> [music] [music] [music]
01:23:10
>> I was looking forward to getting married. We were going to have like the fairy
01:23:16
tale life. We first met online. It was in June of 2017. Patrick was definitely movie star
01:23:26
handsome. He definitely had the whole package. I'm Jessica Devnani and Patrick De La
01:23:33
Cerda was my fiance. This is your engagement ring. >> Yes. It's beautiful. Thank you.
01:23:44
He he never got to give it to me. Patrick De La Cerda was planning his [music] future. Him and Jessica were
01:23:55
looking forward to moving towards West Palm. That's where Patrick's mother, Patricia, lived.
01:24:00
>> [music] >> And then one day he came and he said, "Mom, this one is the one." This one is the one.
01:24:11
And he was waiting for the ring. Not morning, just started off a normal morning for him and Jessica. They texted
01:24:21
each other, "Good morning. I love you." He had got a phone call from his dad saying that there is a package being
01:24:30
delivered at the gate. He thought it was the ring that was coming in that day. So, Patrick then goes down, probably
01:24:38
looking forward to this, [music] right? Yes. He would usually call her and it was
01:24:45
about the time she was getting to work, which, you know, made her worry. And it's like she instinctually knew
01:24:50
something was wrong at that point. >> And why were you afraid for Patrick? I was afraid because of the threats that
01:24:57
were made in the past. I'm making a phone call. I'm giving instructions. And I'm going to have my my plan put
01:25:07
into action. You felt at that moment that something terrible may have happened. Yes.
01:25:15
I left work right away to be on my way to check on Patrick. You get here as quickly as you can. Yes.
01:25:23
I got up right along this path. I had to climb the fence. I don't think Patrick De La Cerda had
01:25:32
any idea what was waiting for him on the other side of that door. There's multiple shots fired. Patrick
01:25:38
was hit multiple times. It appeared that he was killed in like ambush style. And I'll never forget the scene. Like
01:25:50
it's still in my head every day. My boyfriend, Patrick, is in his dad's house. Is there anybody else here? Is
01:25:59
there anybody else here? It was just the worst thing you could ever see in your entire life.
01:26:07
Yeah, they said there's no dog there in front of him. Clearly this wasn't a random killing.
01:26:13
Someone had a vendetta against Patrick. It was personal and it was planned. Show
01:26:17
the address 41. That's going to be 10-50. It was an assassination. My whole future was taken away from me.
01:26:27
My whole world was taken away. Sheriff's officers, get in there. Come on now. >> [music]
01:27:20
>> That day we're at the office, kind of going through casework and paperwork and
01:27:23
things like that. What started as a slow Tuesday morning back in 2018 for Volusia County, Florida
01:27:30
Sheriff's Detective Chad Weaver changed dramatically 911, what is your emergency? when this fragmented 911 call
01:27:39
from a neighbor reporting Patrick De La Cerda's death came in. Um um he has been shot and killed. When did
01:27:48
that happen? I don't know. You don't want to try CPR, correct? No. No, he's dead. He's cold.
01:27:58
Within minutes, Sheriff's deputies Go to Alpha 10-4. wearing body cameras entered
01:28:04
this lush 9-acre compound on the outskirts of Deltona. Worried that the killer may still be
01:28:14
here. Sheriff's officers, the killer's inside. You need to announce yourself now. When the deputies showed up, they
01:28:19
had their guns out and preparing for the worst, but hoping for the best. With the
01:28:23
gunman still at large, Detective Weaver took charge of the crime scene as TV news choppers
01:28:30
hovered above. As we walked up to that area, you could see a male, looked like he was in his early 20s, appeared he was
01:28:37
suffering from multiple gunshot wounds. Deputies say someone shot right through his front door. 25-year-old Patrick De
01:28:44
La Cerda had been shot four times by a high-powered rifle right in the doorway of the house he shared with his father,
01:28:52
Max, who was out of town that day. I never got to say goodbye to my son. I never got to talk to him. Nothing.
01:29:02
You could see the front door was open. There's glass all over the place. There's a lot of blood. You know, right
01:29:07
off the bat you're going, "Okay, this is probably going to be a whodunit." At the scene, Detective Weaver and
01:29:13
several deputies approached a traumatized Jessica Devnani, Patrick's 29-year-old fiance.
01:29:24
I was just walking in circles around like the front yard, just pacing up and down.
01:29:31
Ma'am, come over here. Stay here behind the tree. Just 2 months earlier, at this very
01:29:37
location, Patrick had popped the question to Jessica and presented her with this
01:29:44
temporary engagement ring. It just came out of nowhere. He he just asked like, you know, "Will you
01:29:50
marry me?" And what did you say? Of course, I said yes. I was so excited. The marriage proposal couldn't have come
01:30:03
at a better time for Jessica, who worked as a bank teller. Months earlier, she had ended a tumultuous 8-year
01:30:10
relationship and then met Patrick on a dating app. We just fell in love like right away. It was a connection from the
01:30:18
beginning, so it was kind of like love at first sight. Jessica and Patrick, who worked a
01:30:24
construction job with his father, I'm proud the builder. partied and played together as their
01:30:31
romance blossomed. Patrick ordered this custom-made work of art to be delivered to his home for
01:30:38
Jessica's permanent engagement [music] ring. "He was a romantic," says his mother,
01:30:44
Patricia Bronson. Patrick was a wonderful son. And then he loved kids. He loved babies.
01:30:51
And I really was looking forward to have grandchildren from him. Jessica and Patrick lived in different
01:30:57
cities. She was in Orlando, while Patrick lived with his father in Deltona, 30 miles away.
01:31:05
On the night of February 26th, 2018, Patrick left her this sweet voicemail. I love you. Good night. Sweet dreams.
01:31:14
Good morning. I'll call you out. Send you a text when I am on my way back, all right?
01:31:19
Bye. Good night. Bye. It would be the last voicemail she would ever receive from her love. The next
01:31:26
day, a series of what seemed like random events would change everything. The first came when Patrick's father,
01:31:33
Max, who was 70 miles away working on a construction job, received a phone call.
01:31:39
Max gets a phone call from an unknown person stating that they have a package to deliver to his son, Patrick. Max
01:31:45
hangs up the phone. He tries to call Patrick. Patrick doesn't answer, so he sends him a text message. "Hey, there's
01:31:50
someone with a delivery." Max never hears from Patrick again after that. He never answers, never responds.
01:31:57
Meanwhile, Max and Jessica kept calling Patrick with no luck. Jessica feared the
01:32:02
worst because [music] of those disturbing threats the couple had received. You're thinking
01:32:08
he's been harmed. Yes. Yes, for sure. Max and Jessica rushed to the house. She got there first.
01:32:16
I'm approaching the front door and that's where his body laid. Patrick just laying there
01:32:22
and this big pool of blood and just he was just lifeless. Soon after Jessica discovered her
01:32:31
fiance's body, Patrick's dad arrived. He took us back to the crime scene with Jessica.
01:32:40
My son was lying down there. His head was right there. His foot were still on top of this.
01:32:49
So, that means that he fell back. And that tells you the gunman was right here. >> Yes, that tells you the gunman
01:32:53
>> bullet can take a right-hand turn. >> Exactly. That guy was right there. My son saw this guy. He turned around and
01:33:00
the guy shot him because my son was just like this. My son was like this. Wow. Detective Weaver's [music] team combed
01:33:13
through the house. They soon discovered that the killer had taken Patrick's computer We got a camera above us, too.
01:33:20
and the hard drive from the home security camera system. Investigators also recovered unique
01:33:30
shell casings from 300 blackout ammunition, bullets often used in semi-automatic weapons like an AR-15.
01:33:40
When we saw the shell casings with how close they were to the body, immediately realized that this was a
01:33:50
calculated murder. This was This was planned. But why would anyone want to kill [music] Patrick De La Cerda? Weaver
01:33:58
learned about a bizarre incident in 2017. In a strange twist, News 6 discovered the young man has been shot at before.
01:34:08
When Patrick called police saying his neighbor had fired some bullets after arguments back and forth about
01:34:15
trespassing, Patrick wasn't harmed. There had been some complaints and maybe Patrick felt
01:34:21
that the neighbor was shooting towards their house. This is night footage of the man being
01:34:26
tackled and arrested by police for that incident. It was an intriguing lead until Weaver learned the man was in
01:34:33
custody on the day Patrick was murdered. So, we were able to check him off the list. Detective Weaver then focused on
01:34:40
some ominous voicemails [music] [laughter] [music] [music] loved fast cars and he loved guns as
01:37:29
well. But what, if anything, did Gregory Bender have to do with Patrick's death?
01:37:35
Detective Weaver wanted to know more. Patrick was middle class, blue collar, hard-working young man. Gregory, on the
01:37:43
other hand, was white collar, well-educated, lived in a 3/4 of a million-dollar house. Totally different
01:37:49
people from totally different walks [music] of life. Jessica told the detective that Greg
01:37:54
Bender simply couldn't tolerate the idea of any other man in her life. She told a story about what happened
01:38:02
when she briefly dated someone else after first meeting Greg. He did stalk the person that I was dating
01:38:10
and he described exactly where he lived and he said that he would tie him up and
01:38:15
harm him. >> [music] >> So, a relationship that had love in it now had a little bit of terror in it. I never
01:38:23
feared what he could do to me, but I feared what he could do to other men. Despite his jealousy and verbal threats,
01:38:31
Jessica accepted Greg's proposal to marry a few years into their relationship. I was in love with him at
01:38:38
the time and maybe I was a little bit naive at the time. I didn't want to find someone else.
01:38:43
And there is another twist in Jessica's twisted relationship with Greg. In early
01:38:49
2016, he was having a procedure done at a local hospital. Jessica decided to drop by for a
01:38:56
surprise [music] visit. When she entered Greg's room, another woman was there. I
01:39:02
was like, "What are you doing here?" She's like, "What are you doing here?" And I told her, I'm like, "I'm his
01:39:07
fiance." [music] And I showed her the ring. And then she showed me her ring. She's like, "I'm his wife." She was this
01:39:13
woman, Demara Sanchez. He's secretly married to this woman? Yes. My heart just dropped. I couldn't believe it. I
01:39:22
was in shock. Several days passed when Bender finally called Jessica and tried to explain that he had only married
01:39:30
Sanchez so her son could go to school in the district where his house was located. He said, "I'm so sorry." And he
01:39:37
told me that he had only married her as like a business marriage. He was just trying to help her out and they had an
01:39:45
arrangement together. At that point, Jessica had sort of had enough. So, you end up giving Greg
01:39:53
Bender an ultimatum. What was that? Yes. I told him that he had till the end of the year to leave her. He had to divorce
01:40:01
her. Not only leave, but divorce. >> Yes. But that business marriage line was just
01:40:06
another of Bender's lies, and he stayed married to Demara. With that, Jessica finally ended the
01:40:13
relationship in 2017. 1 month later, Jessica met Patrick and began dating him. But Bender was often
01:40:22
on her mind. I was afraid that he would find out about our relationship. But just 5 months after dumping him,
01:40:31
Gregory Bender came across our Facebook page. He immediately started messaging Patrick on his Facebook, threatening
01:40:39
him. He said, "I know where you live. I'm going to harm you guys." Bender left ominous voicemails like this one. I'm
01:40:47
giving instructions, and I'm going to have my my plan put into action. What's he talking about? At that point in time,
01:40:55
he had mentioned to me that he was going to hire a hitman or he was going to do the job himself. And what job was that?
01:41:02
To kill Patrick. Enough was enough. Jessica and Patrick had these tapes and text messages
01:41:09
presented to a judge who issued this restraining order. Bender was ordered to stay away from
01:41:15
Jessica and turn in his large collection of firearms to authorities. Did Greg Bender go away? We thought he did go
01:41:23
away. We didn't hear anything and we felt confident. Until she told Detective Weaver, on the morning of Patrick's
01:41:31
murder, Gregory Bender called for the first time in 2 months. He called my job that very morning. But
01:41:39
Jessica said she didn't answer. So, when she got the phone call and saw on the caller ID that it was Gregory Bender,
01:41:45
flags started going up, and that's when made her so worried. Flags were also going up for Detective Weaver. He
01:41:52
believed he now had a prime suspect in Patrick's death. And Weaver had an idea. Now was the time for Jessica [music] to
01:42:01
return Bender's calls, and investigators would listen in. She really wanted to solve Patrick's murder. So, she did that
01:42:10
without hesitation. Okay. Call him. Put him on speaker. Hello. Hello. Detective Weaver was
01:42:16
hopeful Bender might [music] say something to implicate himself. You ruined my life. You got your revenge.
01:42:23
You ruined my life. What are you talking about? Hello. Hello. Hi. Hey. It was a tense, awkward moment. Just a
01:42:46
few hours after she'd seen her fiance's body, investigators asked Jessica Devnani to [music] call the man they
01:42:53
thought may have murdered him. Greg Bender quickly spoke up. I saw what happened on the news.
01:43:00
I want to tell you I'm I feel sorry for you. I just wanted to try to do everything I
01:43:06
could to help the investigation. She reminded Bender about his previous threats.
01:43:13
And he said, "Enough is enough. I can't do this. I'm going to hire a hitman. I'm
01:43:17
going to kill him." >> No. That's not No. No. No. I didn't say that. Did you ask him outright,
01:43:25
"Did you shoot Patrick?" I did. But that's why I want to find out if it is you. Like
01:43:30
No. It's not. I'm your friend. I did not do this. Could you tell he was lying to
01:43:36
you? Yes, I could tell he was lying. While Bender [music] denied any involvement in Patrick's death,
01:43:43
Detective Chad Weaver says there [music] was enough evidence to arrest him. Not for murder, but for violating that
01:43:50
restraining order. We had seen that [music] he had attempted to contact her twice at work, which we found was a
01:43:55
violation of that injunction. Even with Bender behind bars for the night, Detective Weaver didn't have much
01:44:02
to link him to Patrick's murder. Then he received a phone call from the attorney of Bender's now ex-wife, Demara
01:44:10
Sanchez, the woman Jessica had first met in the hospital. And he said she has some information that will be valuable
01:44:18
to your case. Demara asked to meet Detective Weaver in a parking lot. She's very, very nervous.
01:44:24
She didn't want us coming to her house. It turns out Demara had a pretty good reason to be nervous.
01:44:30
She was about to provide a crucial piece of evidence. So, we spoke with her and she had told
01:44:36
us that her and Gregory had gotten a divorce and she moved out in December of 2017. Around that same time, she had
01:44:42
discovered what she believed to be a murder plan in a spiral notebook that she had seen Gregory writing in in the
01:44:49
past. A murder plan handwritten in a notebook detailing an elaborate plot to kill.
01:44:56
Demara said when she confronted Bender about it, he told her it was all a fantasy and she forgot about it.
01:45:03
25-year-old Volusia County man is dead. Until she saw the report that the man Bender was supposedly fantasizing about
01:45:11
killing had just been murdered. But once she told us about the murder plan, and that gave us what we needed to
01:45:17
get into the house to see, you know, what else was in there. Volusia County Prosecutor Ashley Trulinger says
01:45:24
learning about the murder plan was a potential game-changer if investigators could find it.
01:45:30
So, the next day, February 28th of 2018, they execute the search warrant at Gregory Bender's home in Orange County,
01:45:38
Florida in Windermere. Detective Weaver had some doubts. But almost as soon as he entered
01:45:45
Bender's house, Weaver hit pay dirt. He spotted several balls of crumpled up note paper. I looked in the trash can
01:45:54
and I was in shock. I was like, "There's no way that we just found this murder plan." The first thing I wanted to do
01:46:00
was reach in the trash can, grab it. Weaver wisely held off while this paper was bagged and tagged for forensics.
01:46:07
Later, when he was able to read the plan, it was just as Demara said, a detailed road map for murdering Patrick
01:46:15
De La Cerda. Some of the first things in it were directions. And it actually had
01:46:20
Patrick De La Cerda's address, Halon Boulevard. Weaver took us to the crime scene to
01:46:26
explain how the plan matched the actual murder. This road leads down the side of the
01:46:32
property. It's off of Halon Boulevard. This is important because the dirt road that was drawn on the murder plan runs
01:46:38
down the side of the property. It's pretty heavily wooded down this way. So, I think he walked on foot until he got
01:46:44
to this opening. And this is the area that we believe Gregory Bender accessed to sneak up on our victim.
01:46:51
The sketch of the property was spot-on. The plan was evidence of Bender's obsession with detail and compulsion to
01:46:59
kill, says Weaver. The plan read, "Put duct tape on the bottom of a second pair of shoes so no
01:47:07
tread prints. Wait for confirm that he is alone. Then turn off cell phones and dispose of
01:47:16
clothes, plate, tracker, gloves." With the murder plan in hand, Weaver had a powerful case against Bender. [music]
01:47:25
And with the discovery of this ammunition, there was now a direct link to those unique bullet shells found at
01:47:31
the scene. They find that arsenal of 300 blackout ammunition. Remember, Patrick was shot four times
01:47:42
with that type of unique ammo, but only two shell casings were recovered at the crime scene.
01:47:48
That's what made another discovery by investigators at Bender's house so important. They find a shell casing in a
01:47:56
desk drawer. Essentially, a junk drawer. The casing matched the two recovered shell casings from the crime scene.
01:48:04
Short of actually finding the murder weapon, um in my opinion, I think that was probably
01:48:09
the most important piece of evidence that we found. That's because the murder weapon has never been recovered.
01:48:15
Although Jessica remembers seeing a powerful rifle at Bender's house when they dated. The AR-15, the
01:48:23
semi-automatic rifle. Did he have one of those? Yes, he did. I think it's probably at the bottom
01:48:29
of a lake somewhere. The evidence was overwhelming. Weaver now had a clear and concise theory of
01:48:38
the crime. Greg Bender was lying in wait in the bushes just out of view. He made
01:48:44
the phone call posing as a delivery man. Um Patrick receives a text message just
01:48:49
thinking that he has a package. And as Patrick answered the door, he shot and killed him.
01:48:57
Less than 48 hours after Patrick's death, an arrest warrant was issued for Gregory Bender charging him with the
01:49:04
murder. Volusia County Sheriff's deputies had an easy time locating their suspect who had
01:49:10
been released from jail after violating that restraining order. Bender was in his own front yard, says
01:49:17
prosecutor Andrew Urbanic. And Mr. Bender actually showed up bonded out from the Orange County jail
01:49:24
just a short time after they started executing that warrant. For Patrick's mother, the arrest is just
01:49:30
the first step against a man she despises. Psychopath, that's what he is. Do you want me to say his name? I've
01:49:38
never pronounced his name. I don't want to pronounce his name. That is hurting my mouth to just say his name. Why did
01:49:45
Patrick have to die? Just out of jealousy of a man that was obsessed. He thought
01:49:52
that by doing this that I would go back to him. But with no weapon, no eyewitnesses, and
01:49:59
no DNA at the crime scene, ultimately, this case is a circumstantial case. Bender and his attorneys are planning a
01:50:09
vigorous trial defense. You started dating Patrick in June. And using undercover video shot by a
01:50:17
private eye, they plan to challenge Jessica on the stand about the real nature of her relationship with Greg
01:50:24
Bender. Why are you dining with Greg and going to Greg's house in November of 2017 if you're happily moving on with
01:50:33
Patrick? What do you make of Gregory Bender leaving his murder plan in the trash
01:50:40
can? Two months after Patrick De La Cerda was gunned down as he went to his front door
01:50:56
expecting to pick up that engagement ring for Jessica Devnani, he got me the perfect ring. She was finally able to
01:51:04
put on the ring at her 30th celebration. A surprise finally delivered by Patrick's family.
01:51:12
Why do you wear that ring today? I wear it because Patrick will always be the love of my life.
01:51:19
And Jessica will be wearing the ring at [music] the murder trial of Greg Bender,
01:51:24
her former boyfriend who stands accused of stalking and killing the man she had hoped to marry. All rise. This day could
01:51:33
not have come soon enough, says Patrick's [music] devastated mother, Patricia. Jessica and I, we felt
01:51:39
victimized every single day for 3 years [music] and a half because we have no voice, absolutely no voice. Prosecutor
01:51:47
Ashley [music] Twiliger is now the voice Patrick's loved ones had longed for as she began her opening statement. [music]
01:51:55
Patrick De La Cerda was the victim of a murder, a detailed and meticulously thought-out murder
01:52:03
plan, and a tragic ending in which he was shot four times in the head, face, chest, and hip.
01:52:13
Defense attorney Richard [music] Parker says the state's case is no slam dunk. That will show that there's more than
01:52:20
just one or two people that have motive and opportunity in this case. Jessica is the prosecution's star
01:52:28
witness and will be the first to testify. It was really hard. I was really nervous.
01:52:35
Jessica describes for the jury how Gregory Bender was a man consumed by jealousy who made many threats.
01:52:43
He would message me saying if if I didn't leave Patrick, he would harm Patrick. And Jessica read one of those
01:52:49
threatening texts for the jury. Think about it. If I don't hear from you or the cops
01:52:56
call again, I'll just do what I said and move on. Jurors learned that Bender went to
01:53:01
extraordinary lengths to poison Jessica and Patrick's relationship. As you can see on this secretly recorded video, it
01:53:09
appears Bender and Jessica are at lunch. And then a week later at a restaurant enjoying dinner. Just a few months after
01:53:17
she started dating Patrick, prosecutor Andrew Urbanic. Did you actually see these videos? I
01:53:24
did. The encounters were captured by a private investigator hired by Bender. There's a scene of the two of them
01:53:31
entering [music] and leaving Bender's home. He's seen rubbing Jessica's leg for the
01:53:37
camera. They hold hands. And here, he leans in for a kiss. I felt really odd. I felt like he was
01:53:46
trying to put on a show because he kept like trying to get close to me and trying to hold my hand, which he never
01:53:52
used to do. I was like, "What are you doing?" I was like, "We're [music] just friends right now. What are you trying
01:53:55
to do?" But prosecutors say the video was all a setup. What did he do with it? He had given it to Patrick. Did that
01:54:03
cause some strife between you and Patrick in your relationship? Yes. We had a a fight and we had broke up for a
01:54:10
few days. Did the two of you end up getting back together after that? Yes. Defense attorneys tried to use their
01:54:17
client's video production to convince jurors that Jessica and Bender actually were more than just friends. Why are you
01:54:26
dining with Greg and going to Greg's house in November of 2017 if you're happily moving on with Patrick? Because
01:54:34
the defendant was threatening and I was trying to calm him down and he said that
01:54:38
if I went to see him, he would not harm anyone. The defense tries another tactic, making
01:54:46
what prosecutors say is an unfounded allegation that Patrick's father, Max, was attracted to Jessica.
01:54:54
Did Max De La Cerda comment in a a very positive way regarding your appearance? Same objection, Judge. Still hearsay
01:55:01
statement. Would you say you have a good relationship with her? I didn't have a relationship with her at all. I knew
01:55:07
That led to a combative cross-examination when Max took the stand. What you're asking me is making no sense. I don't
01:55:14
think that has nothing to do with Patrick's murder. And the defense implied he may have had the motive and
01:55:20
the opportunity to kill his own son because of discrepancies in his whereabouts that day.
01:55:27
Your girlfriend said that you were in fact staying with her. Is it her memory that's wrong or is it your
01:55:33
>> It might be mine, sir. I work but I'm constantly on the go. I work here, I work there. I don't keep track of
01:55:39
phones, I don't keep track of time. So, what point are you trying to make? I don't know. They wanted to blame it on
01:55:44
Max and you can tell he's angry that his son was killed unnecessarily, violently,
01:55:51
horrifically. And now he has to be in a room with his son's killer. Throughout the trial, Bender remained
01:55:58
stoic until his ex-wife, Damaris Sanchez, took the stand and spoke through an interpreter.
01:56:06
Were you married to Mr. Bender? Sí. Yes. During Damaris' testimony, Bender broke down, showing emotion for
01:56:15
the first time in the trial. And jurors heard her audio interview with Weaver about the murder plan. It
01:56:23
was a plan to kill the guy against The guy is Patrick. During a break in her testimony, Bender
01:56:30
appears to say "I love you" to someone in the gallery and is admonished by an official. Don't talk to anybody in the
01:56:37
court. When Detective Weaver took the stand, the defense grilled him about the lack
01:56:42
of forensic evidence in the case. How about any hair or skin or DNA, anything like that from the scene that was
01:56:50
helpful to your investigation? Uh no, sir. Prosecutors responded by calling cell
01:56:55
phone experts who could connect Greg Bender's [music] personal phone to a burner phone that was tracked to a cell
01:57:02
tower near the murder scene. So, the burner phone is the cell phone that made the call to Max De La Cerda
01:57:09
that morning at 7:18 a.m. Yes. The state would rest at this time. Thank you. >> After the prosecution rested, Greg
01:57:16
Bender chose not to testify. Are you comfortable with the decision you have made?
01:57:21
>> Yes. Thank you, your honor. For closing arguments, prosecutors said Greg Bender [music] was the only person
01:57:29
who had motive to kill Patrick. He couldn't take the Jessica left him and wouldn't come back to him
01:57:37
because of Patrick De La Cerda. Counsel, you may proceed. In his closing, defense
01:57:42
attorney Richard Parker insisted that Bender's murder plan did not equate to guilt.
01:57:49
This case is about the difference between a fantasy and reality. People should not be judged on their worst
01:57:56
thoughts just because they put them to paper. But that's what they're doing in this
01:58:01
case. Finally, after 4 days of testimony, the case went to the jury. Prosecutor Andy Urbanic was uncertain
01:58:09
about what verdict they'd come back with. Once it goes to the jury, we can't make any guarantees. But Jessica Devnani
01:58:16
was confident a guilty verdict would finally put an end to Bender's reign of terror. It's my understanding you have a
01:58:24
verdict. I just wanted to see the expression on his face. This is where my son lives at.
01:58:47
Uh we'll follow you. This is his place. Okay. This was Patrick's place. Memories.
01:58:54
This is one of my Christmas cards that he gave me. Tender words from a son. Dad, with all my love, thank for always
01:59:04
being there for me. To many more years, love Patrick. Max Diel Asserta surrounds himself with
01:59:12
reminders of his son. That's Patrick. Taken violently and far too soon. I feel my son's presence here.
01:59:22
I haven't moved his stuff. I have, you know, it's everything is pretty much the same because
01:59:29
I thought this kid was The only reason make me feel better is that I lost my child for
01:59:37
love. Patrick's mother, Patricia, has found some solace in her suffering. He had love in his heart when he passed. He
01:59:46
was going down the stairs to get the ring. And Jessica Devnani still wears that very engagement ring
01:59:54
>> [music] >> in honor of a marriage that never took place. It's been hard um past 3 years. Like
02:00:01
I've been living in respect to Patrick. But now, Patrick's loved ones huddle together hoping finally, 3 years after
02:00:12
[music] Patrick's murder, the jury will give them justice. State of Florida v. Gregory Bender.
02:00:20
During 4 days of testimony, they relive the horror of his death, listening to excruciating details of Bender's murder
02:00:28
plan. We can see the an entrance wound on the right side of the face. It's my understanding you have a
02:00:35
verdict. Is that correct? As the verdict was about to be read, Bender looked directly at Jessica. He was looking at
02:00:43
me. I don't know what was going on in his head. Madam Clerk, if you could please read
02:00:50
the verdict. We, the jury, find the defendant Gregory Bender as follows: guilty of the charge
02:00:56
of first-degree murder as charged in the indictment. And it's guilty and he's faced as what?
02:01:06
Nothing. Absolutely nothing. In Florida, a conviction of first-degree murder carries an automatic life
02:01:14
sentence without parole. So, just moments after the emotion of victory, Patrick's loved ones are
02:01:20
allowed to address the court as Greg Bender listens just a few feet away. First, your honor. Patrick's mother. I
02:01:29
want to thank all of you for having put evil where it belongs. Jessica then spoke, but chose not to
02:01:38
look at her tormentor. You will not win. You have only lost. I hope you feel some peace, Patrick.
02:01:47
Rest assured, the man who took your life is going to pay with his own life now. Then, it was Max's turn.
02:01:55
>> I will miss my son. And I regret that I wasn't there for him [laughter] to say
02:02:05
Remember that during the trial, the defense shamefully tried to suggest that Max may have been involved in his son's
02:02:13
murder. I hope they keep you in jail until you die there. Until you die, because the moment you
02:02:20
step out, I'm going to finish you off. I'm going to peel you like an onion. The same thing you did to my son.
02:02:28
Max, you have to address the You have to address the judge. [clears throat] I will miss my son. He
02:02:33
was a beautiful soul. A beautiful kid. And with that, Greg Bender was carted off to [music] prison for the rest of
02:02:42
his life. He lost everything. He's not going to win again, ever again. Jessica and Patricia are angry that this
02:02:52
restraining order they felt would offer protection for Patrick turned out to be worthless. My son would be today alive
02:03:00
if the restraining order had been enforced by by the law enforcement. Bender had been ordered to turn over his
02:03:09
gun collection to the Orange County Sheriff's Office. He never did. And without probable cause for a search
02:03:16
warrant, law enforcement lacked the authority to seize those weapons. It failed us. It failed Patrick. Now
02:03:25
behind bars, the days of Greg Bender lurking in the shadows of Jessica's life are finally over. Will you
02:03:33
go on with life as Patrick would like you to do? I will. I will go on for Patrick.
02:03:41
I will live in his happy memories close to my heart. One week after Greg Bender's conviction
02:03:50
was what would have been Patrick's 29th birthday. Patrick's mom and I, we went out to the
02:03:58
cemetery in West Palm Beach, and we just celebrate his life. We brought some cake
02:04:05
and we brought some champagne and What did you say to Patrick on his birthday when you were at his grave?
02:04:12
We finally did it. We got the guilty verdict. We always tell him we love him. We will
02:04:20
always love him. Accused of his mother's murder What kid could commit a crime that
02:04:33
violent and not leave any forensic evidence? Then sentenced to life. The state never really had any case against
02:04:38
this kid. >> Was he wrongfully convicted? She was very close with Michael. He was her
02:04:42
baby. 48 Hours, next on CBS.