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[Music] I am Oh, [Applause] you're [Music] the road's called Highway 16. It's part
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of the TransCanadian highway system. There are places in this road where you will see more bears than you will see
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cars. The road can take on kind of a sinister aspect to it. It's a place that can be a good friend
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to evil. The locals know it as the highway of tears. [Music] And it's called that because there's
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been a series of disappearances and murders of women and girls uh that date back four decades and a large number of
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them are still unsolved. People know that their sisters and daughters are at risk if they go near this highway and
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perhaps wind up hitchhiking for an emergency reason. The number of victims varies with who you talk to. The Royal
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Canadian Mounted Police Force uh says that there's 18 victims, but if you talk to the local people, they believe the
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number is 33, 43, perhaps even more. This is our storage room where we keep all our box files.
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They're the toughest cases that you can imagine. girls that are last seen sticking their thumb out on the highway
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and never to be seen again and potentially there is a serial killer. >> This area we're coming into right now,
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we have two victims from this remote community. >> Yes, we have um one murdered young girl
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and and one missing young lady. >> It's pretty staggering, isn't it? >> It is. Yeah. And um you know, we'd like
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to bring them all home. Is it possible that Maddie Scott's case could end up on the Highway of Tears list?
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>> Anything's possible. >> How's it going? >> Madison Scott, Maddie as we know her, is
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a 21-year-old woman from Vanderhahoof, British Columbia that was camping out at Hogsback Lake. She went missing on May
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28th, 2011. And her disappearance is a mystery. [Music] The RCMP amassed over 170 personnel
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to conduct searches by land, by water, by air. There was no sign of Madison at the
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lake. We as a team are dedicated to find out what happened to Madison Scott. Once you start thinking about what has
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happened in this place, it starts to get inside your head. >> Our investigators have been working
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these files for over 5 years. It was a very emotional for all of us. We want wins. We want victories.
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Thankfully, that's just around the corner for us. And it involves an American. He's he's clearly a monster.
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Oh, [Music] you're [Music] [Music] Oh, it's just an awful feeling to know that she disappeared from just a
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few feet away. It's just that's devastating. >> Devastating. And yet, Dawn and Elden
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Scott keep coming back to the place where their 20-year-old daughter Maddie was last seen alive. It's a really
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unsettling, you know, knowing that she disappeared from here and nobody has seen her
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>> since. >> It was here at Hogsback Lake in northern British Columbia, Canada, where Maddie
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camped out after partying with friends on the night of May 27th, 2011. >> It's a beautiful little spot. It's close
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to town. >> So, it was just a group of kids going for a birthday party. >> Yeah, they were going out camping for
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the night. >> The next day, Maddie has not come home. Did you call her on her cell phone?
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>> Hi, you've reached Maddie Scott again. >> I did try to call her and it went right
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to her voicemail. >> Leave me a message and I'll call you back. Thanks. >> Still, Don wasn't worried. Sell service
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at the lake was always spotty. >> I thought, gee, like she's 20 years old. She went to the lake. The weather was
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beautiful. She was with friends. If something was up, she would call us. >> But Maddie never called.
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>> It just didn't seem right. And that was Sunday morning. So Elden and I hopped in
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the vehicle and we drove out there. >> Hogsback Lake is only a 15-minute drive from the Scott's home in Vanderhahoof, a
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tiny town along Canada's infamous Highway 16. Locals call it the Highway of Tears for a reason.
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Since 1969, at least 18 women have gone missing or have been murdered in this very same area. Just like Maddie
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>> here again is a girl from one of these small towns along this highway who has
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disappeared without a trace. >> Bob Fel, an investigative reporter for Outside magazine and a CBS News
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consultant, has written about this haunted highway and the Mattie Scott case. >> Madison Scott fits uh the same the same
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pattern as some of these cases that are on the official list. She disappeared from a place very close to the highway.
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>> But on that Sunday morning in 2011, Mattiey's parents were not thinking about the nearby highway's reputation.
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They just wanted to find their daughter. You arrive here at Hogsback. What do you
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see? >> Her pickup was parked here >> just as it is now. This is her pickup truck.
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>> This is her pickup. Yes. >> And what do you do? We walked over to the truck and looked
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in it. >> Don and Elden found Maddiey's purse and backpack inside her locked truck, but
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her phone was missing. >> She doesn't go anywhere without her purse or her, you know, personal
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belongings. >> At what point does panic start to set in? >> Immediately, >> the Royal Canadian Mounted Police, the
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RCMP, rushed to the scene, but there was no trace of Maddie. Something happened to Maddie. Mattiey's
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disappeared. She didn't get taken by a flying saucer. Somebody knows something. >> Sergeant Ken Floyd and Constable Tom
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Wamsteer of the RCMP are the lead investigators. They begin by developing a profile of Maddie. She was close to
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her brother Ben and sister Georgia. After graduating high school, Maddie began working with her father in the
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logging industry. Everyone speaks highly of Madison Scott. She was well-loved and liked in the
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community. She was an avid outdoors person. She was into dirt biking and she loves sports.
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>> Is Maddie a real competitor? >> Yes. Yes. Very much so. >> Amanda Fitzpatrick and Jasmine Classen
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are Mattiey's close friends. >> What thoughts come to mind when you think of Maddie?
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>> She always shared. Um I don't know. She was really thoughtful. >> The girls cannot think about their close
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friend without remembering all the videos they made together. >> Tell me about her movie making.
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>> She liked to take charge. Everyone would have their own ideas and she would just kind of take over.
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>> I'm really scared right now. I'm just weird things keep happening and I just seems like someone's following me. In an
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eerie twist, Maddie co-wrote and starred in a suspense movie called The Stalker.
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Neither Jasmine nor Amanda was at the birthday party the night Maddie went missing, but about 50 others were, and
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investigators began going at them hard. You spoke to every single person who had
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been at that party? >> Uh, we have. Uh, it remains ongoing. We haven't identified anyone that would
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have a grudge or had any reason to harm or or cause Madison's disappearance. >> But investigators did uncover one
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troubling detail. That fateful night, Mattiey's friends had left her at the lake completely alone.
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>> As far as she knew going there, there were other people that were going to be
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staying out at the lake that night. But one by one, everyone packed up and left,
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including Jordie Buluke, who had promised Maddie that she'd stay with her. >> I just can't believe that
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it's just so wrong. >> People still think that I am a horrible person cuz I left my best
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friend out there. And people like yell at me and like write on Facebook that I've killed her and I left her and I'm
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stupid. >> Did the police question you? >> Oh yeah. And they asked me the question
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several times. Did you kill Maddie? Were you there when Maddie was killed? For Dawn and Elden Scott, the
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disappearance of their 20-year-old daughter, Maddie, >> hey, what's up? >> is almost incomprehensible.
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>> I I think it was just so surreal to everyone, like this can't really be happening. He just kept
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expecting her to show up. Finding her in this vast Canadian wilderness that surrounds the Highway of Tears where so
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many women have gone missing feels nearly impossible. >> It's like a needle in a hay stack. It's
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just amazing. You know, there's water, there's forest, there's rugged terrain. It's staggering. That's why the
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possibilities like it's they're endless. Frustrated and heartbroken, Dawn and Elden began their own investigation
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separate from the official police version of events. >> This is a board that uh part our team
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has put together. It's a list of the people that were at the party. When they arrived, when they left, who they
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arrived with, who they left with. This makeshift investigation went up on the Scott's basement wall just feet from
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Mattiey's now empty bedroom. >> We needed a place to put up a board to keep track of, you know, lay it out like
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what went on. >> They retraced Mattiey's trail throughout the day as she visited a liquor store
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and later bought snacks. That's Maddie on a security camera recorded just hours before she vanished.
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You have a category questions, >> right? >> What kind of questions do you have even
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today? >> Why was she left there on her own? Why did everybody leave? >> And if there is one person who can
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answer some of those questions, it's Jordie Buluk, Mattiey's friend who had promised to camp out with her.
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>> Tell me about the party that night. Well, it was just supposed to be the people that we knew and then it turned
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into like this like big party. >> Word had spread online. >> It was posted on Facebook. So that's how
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everybody found out and went out to Hogsback. Big party. >> Were there strangers at this party?
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>> I know most of them, but like the people that came at the very end of the party
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party, I did not know. I had no idea who they were. >> At one point the party got a bit rough.
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People got up and like started a fight behind me and I bounced into the fire. >> Jordy was injured so her boyfriend
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carried her to his truck and told Maddie they were leaving. >> What did she say to you?
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>> She was just like shocked. She's like, "Really? You're going?" And I was like,
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"Yeah, I'm going." And she kind of begged me. And then I was just like, "Well, you can come with us."
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And she said, "No." And she wanted to stay there with her tent for it to be safe.
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>> Did she tell you she thought it would be safe? Yeah, she said that she'd be fine.
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>> What time did you leave the party? >> I left around 1:00. >> By 10:00 the following morning, Jordy
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was feeling guilty about leaving Maddie alone. She returned to the lake to help her pack up.
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>> I got there and there was no Maddie. And I looked around, checked the place. I
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was like, "Oh, maybe she's in her truck." No. >> Jordy noticed that the tent was a mess.
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>> And the door was wide open. The blankets and everything were pushed to the side.
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Her rings were outside. She never takes up off her rings and she there's like three rings on the ground and earrings,
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like wooden earrings on the ground. It was just like, where's Maddie? >> Investigators have focused a lot of
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attention on Jordy and the last people to leave the party. >> Common sense dictates that Jordy was a
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suspect. I mean, she was one of the last people. Spoke with Maddie. I was poly talked to every single day for 3 months.
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I went in for like I think it was two polygraphs >> and the result >> they said I aced it.
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>> I aced the polygraph. >> Jordy is no longer a suspect. >> The investigation spread outward and
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Sergeant Ken Floyd says he learned that a 28-year-old logger and single father of two, Friian Bjornson, was telling
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friends that he knew what had happened to Maddie. FBI Bjornson is a Vanderhahoof resident. Uh he was a
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friend of Madison's. They had spent time together socializing. >> I couldn't even believe that they were
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seeing each other because he's bad news. He's bad news. >> Bejornson, better known as Fri, led a
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troubled life and abused drugs, a fact confirmed by police. But his mother insists her son was turning his life
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around. From our perspective, uh, Friian, again, like others, was a suspect. >> There was talk in town that Fri owed
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drug dealers money and that they had abducted Maddie to teach him a lesson. It's a theory investigated by police.
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>> We don't leave any stone unturned where where Mattiey's concerned, and we would
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be irresponsible by not following up with the suggestion that there was a revenge or some connection between Fri
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and Madison. Bejornson voluntarily took a lie detector test and passed. >> He wanted to clear his name and he
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wanted people to know that he had no involvement in what happened to Maddie. >> Based largely on that polygraph test,
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the RCMP cleared him. But 2 days later, Bejornson disappeared. Two weeks later, investigators made a shocking discovery.
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They found Bejornson's severed head in an abandoned house in a nearby town, >> and they're still looking for the rest
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of his body. Fri's mother told 48 Hours that she believes her son was killed for
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a paycheck heed the night he went missing. Four suspects were charged in connection with Bejornson's murder.
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Mattie's case remains unsolved. There is no connection between Madison's disappearance and Frib's murder.
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>> On this very night, 5 years ago, May 28th, 2011, Madison disappeared. She remains missing.
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>> We do believe she'll be found. >> I do. Yes, I do. >> I said that from the very first day that
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we will find her and we'll bring her home. >> We need them to come forward. She was
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last seen wearing >> the Scots have issued public requests for help >> and soon like now would be a good time
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>> and there is a $100,000 reward for information. >> When you take even a simple drive,
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Mattiey's looking back at you. You see her on the side of the road on one of these signs. What is that like for you?
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>> Oh, it kills you every time. again. Why am I sitting here, you know, not out looking somewhere?
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It's your child, you know. Yeah, it's devastating. It's just gut-wrenching. You see all these posters on vehicles
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and it's just staggering and, you know, you just can't believe that it's your child.
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[Music] >> And Mattiey's parents are not alone. Just six months earlier in the same
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town, another daughter disappeared. >> Every day I wake up thinking about Lauren. Every night I go to sleep
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thinking about Lauren. It's going to be the same forever. Six months before Mattie Scott
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disappeared, Doug Lesley, who also lives in this remote region of Canada, received an ominous late night phone
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call. It was November 27th, 2010. >> Midnight, I get a call from the cop saying that uh asking if Floren was
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there. And I said, "What's going on. He said, "Well, if Lauren's home, somebody's using her ID." So, I thought
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that was kind of strange. >> What does that mean? Someone was using her ID. >> Well, they found her ID in a in a
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vehicle. >> Doug's 15year-old daughter, Lauren, was not at home and he couldn't reach her.
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>> But you were you were worried. >> Oh, yeah. I was worried. I didn't know what was going on, whether she was in
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trouble or whether she would, you know, I didn't have any idea. What he did know was that he wanted to
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find his daughter. So when police promised but failed to call him back, he headed out along a dark road that feeds
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into the notorious Highway of Tears. >> So at 2:00 in the morning, I figured I'm
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going to drive till there find cops. >> Doug had no idea that hours earlier an alert cop had made a traffic stop on
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that road. investigative reporter Bob Fel. >> An RCMP constable was driving down the
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road simply on regular police business and out of one of these logging roads, these skid roads, a black pickup truck
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comes out. There's a kid inside, 20-year-old kid. Uh he questions him, IDs him, doesn't quite like how the
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kid's acting. >> The kid was suspected of poaching. He was held at the scene while a game
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warden was summoned and followed fresh tire tracks back through the snow. >> Takes his flashlight expecting to find a
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moose or an elk. Instead, he finds the body of a 15year-old girl who had just been killed and dumped there.
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It was at that moment that Doug Lesley came upon the scene. And the game warden was standing there
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and he was white as a ghost. And I told them who I was and that I didn't want to
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hear any bull. I wanted to know what was going on. And they said all they could tell me was they were investigating a
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homicide. So I I knew right away. >> Cuz you knew that homicide investigation was Lauren.
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>> Yep. [Music] >> Police told Doug they were having trouble identifying the victim's face.
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So Doug told them to check for a unique tattoo on his daughter's wrist. >> Says, "Grip fast." It's our family
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motto. It just means hang on tight. >> Police found the tattoo and Doug's worst fears were proven true. The victim was
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his daughter Lauren. Uh, she was molested, beat over the head with a pipe wrench,
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and her throat was cut. Just awful. Who could do such a thing? Not a human for sure.
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20-year-old Cody Lebachov, whose pickup truck was first pulled over on that routine stop, was now a suspect in the
00:22:07
murder of Lauren Lesley. >> She was very mature for her age. Um, very caring. She was a joyful kid. She
00:22:15
was a great swimmer, great great athlete. She excelled in karate. All the more remarkable considering
00:22:24
Lauren had a genetic eye condition that left her nearly blind since birth. Close
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friends like Charlene Lang barely noticed. >> She never led on to it. You would never
00:22:36
know meeting her. She did everything everybody else could do. She did it better.
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>> With the help of thick eyeglasses, Lauren was spending hours each night online. And Charlene believes that's how
00:22:49
Lauren met Cody Ledger Bachov. >> Cody Ledgerbachov was very active in social media. He used Facebook, he used
00:22:56
online dating sites, his handle, his name online that he used a lot was one country boy.
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>> And so when she met someone online, she'd begin a a conversation with him. >> She'd establish a relationship. She's
00:23:09
very trusting. They could confide in her. >> Perhaps too trusting. Lauren's mother,
00:23:16
Donna, would worry about her daughter's trips along the Highway of Tears from her hometown of Vanderhahoof to the
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crimeridden city of Prince George. >> She would enlist anybody to take her to Prince George because she had her she
00:23:31
had a network of friends there and it really concerned me because I didn't know who these people were and um
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and I tried to convince her how dangerous it was. But Cody Lebachov, a local high school graduate, seemed like
00:23:48
the all Canadian boy next door. He worked at this Ford dealership in Prince George and lived in this house with
00:23:56
three roommates, all women. Garrett Anatol was on his soccer team. >> When my friend told me it was Cody, our
00:24:03
friend, and stuff, and I couldn't believe it either. I was like, "Oh my god, that was Cody." Cuz he's from your
00:24:07
own town, right? He was popular. He got he was, you know, graduated. He got along with everybody. fun, joke around,
00:24:13
you know, party and stuff like that. >> But as investigators dug into Ledger Bachoff's past, they were able to tie
00:24:21
him to three other murders near the Highway of Tears. A year after Lauren's death, the RCMP declared they had
00:24:30
captured a homegrown serial killer. We can announce today that three counts of first-degree murder have been laid
00:24:39
against 21-year-old Cody Allen Lee Bachov. >> The three other murder victims had
00:24:48
disappeared in 2009 and 2010. >> This is someone who, if the charges are proven, was a 19-year-old serial killer.
00:24:57
That's extremely young for a serial killer to start his career. Police would not talk to 48 hours about how they
00:25:05
connected Ledger Bachov to these victims, but they believe there may be more. We believe there are others out
00:25:12
there that may have been in contact with Ledger Bachoff or these victims and possess information that can assist our
00:25:20
ongoing investigation. >> Lauren's friend Charlene says she had once met Ledger Bachov and did not like
00:25:28
what she saw. I did not like his eyes. They just looked angry. They looked They don't look soft and innocent. They
00:25:35
looked angry. >> And you felt this way long before he was in the news. >> Long before.
00:25:42
>> With Cody Lechabakov under arrest in the murders of Lauren Lesley and three others. Towns people along the Highway
00:25:50
of Tears felt some relief, but it was clear Leebachov was far too young to have committed murders that stretched
00:25:57
back to 1969. [Music] Other killers still were roaming that highway, and it was Sergeant Wayne
00:26:07
Clary's job to catch them. >> They're cruising out there picking up these girls that are very, very
00:26:12
vulnerable. Cody Ledger Bachov was under arrest, but that did not solve the Mattie Scott
00:26:33
disappearance. He'd been in custody months before Maddie had gone missing. and his arrest also brought little peace
00:26:41
to the families of the women killed along the Highway of Tears. The cases that Sergeant Wayne Clary is
00:26:49
determined to solve. >> Is the guy we're looking for in these boxes? >> Every report since the first murder in
00:26:56
1969 is in this room. How many boxes we talking about in here? >> Over 750. >> So thousands of pages of documents in
00:27:05
here. >> Thousands. Yeah. Clary took over the special unit assigned to the Highway of
00:27:10
Tears cases in 2012. >> There will be transcribed statements in here. There'll be forensic reports.
00:27:16
There'll be lab reports, witness interviews. >> More than 60,000 people have been
00:27:21
interviewed. How many persons of interest have there been in this investigation?
00:27:26
>> The last I looked, uh, about 1,400. 1,400. And we've uncovered men who drive vans with the door handles removed from
00:27:35
the inside, uh, duct tape, um, um, plastic wrist restraints, uh, trap doors. It's incredible to me how many
00:27:45
men are capable of doing this. The seemingly endless wilderness where these attacks have occurred is
00:27:59
staggering. So I think our first stop along the way is from up here will be Vanderhof
00:28:05
>> to show us the challenges his people face. Clary took us into the air to fly the nearly 500 miles of the Highway of
00:28:14
Tears from the interior all the way to the sea. >> Where are we >> right now? We're just flying over Prince
00:28:22
George which is the uh the hub of the north and it's it's the start of our uh investigation into our missing and um
00:28:28
and murdered women. It's been said that the Highway of Tears is a perfect killing ground for someone because they
00:28:35
can't hide their victims. >> And I would add to what you just said, a perfect dumping ground.
00:28:43
[Music] >> The landscape is beautiful, but it's a terrible beauty considering the context.
00:28:50
>> As one is looking out, it's just hard to imagine what the victims been suffered
00:28:54
down there over the years. Some victims have been found alongside this lonely highway, others discovered
00:29:04
by hikers. >> Wayne, give me a sense of where are you right now? >> Right. Right now, we're flying over um
00:29:11
Prince Roert and this is the end of Highway 16 or the highway. >> Our sad aerial journey ends on the west
00:29:18
coast just 25 miles from the Alaskan border. It was time to come back to Earth and
00:29:27
drive the Highway of Tears. Who were the women murdered along this road? >> We're in the town of Smithers along
00:29:36
Highway 16, and we have um two girls we're investigating. >> 15-year-old Deline Nikai disappeared
00:29:44
while hitchhiking in 1990. Lana Derek was a 19-year-old college student back in 1995. and very close to
00:29:53
here. Um, 19 years earlier, we recovered the the uh the body of Monica Ignis. >> Monica Ignis was just 14.
00:30:05
>> She went missing in December 14th, 1974. If we're all quiet, we can hear cars
00:30:12
going down Highway 16 right now. It's that close. >> I can hear them in the distance.
00:30:19
>> Yep. We're less than a mile. probably about a half a mile from the highway. >> And Monica Ignis isn't the youngest
00:30:27
victim. That would be 12-year-old Monica Jack, who disappeared in 1978 while riding her bike.
00:30:38
The highway has become so notorious, warning signs are everywhere. We're now in Smithers, British Columbia,
00:30:47
and we were driving off of Highway 16, which is just over this ridge. We've driven about a mile down a dirt road and
00:30:53
again we're in total isolation. And Wayne, what happened here? >> Well, in in um in April of 1995, there
00:31:00
was a couple gentlemen moose hunting and they were perhaps 20 25 ft off into the
00:31:06
bush here and they discovered the uh the remains of Ramona Wilson. >> And who is Ramona?
00:31:13
>> Ramona Wilson's a girl who went missing from Smithers in 1994. her pictures right here. It's been
00:31:23
18 years and it's getting quite old. >> No one remembers Ramona Wilson more than
00:31:31
her mother, Matilda. >> Last year I was here for her birthday was February 15th and on June 11th
00:31:41
day she was murdered. >> Matilda took us into the woods. Look how long how far he had carried her
00:31:49
>> to where her daughter's body was found. >> There's bunch of trees all around like
00:31:54
that and they put her underneath the tree right there. >> That's where her body was found. Right
00:32:00
over there. >> Yeah. We continued our journey, eventually meeting up with fisherman Tom Chipman.
00:32:09
>> It's pretty painful. I mean, um, it dredges up memories every time I see a picture.
00:32:17
>> Chipman's daughter, 22-year-old Tamra, disappeared in 2005 from Prince Roert while hitchhiking. No,
00:32:24
>> you got to stay here. >> She left behind a three-year-old son. >> The worst part is her body was never
00:32:31
retrieved and not knowing what happened to her and where she ended up. Chipman spent weeks searching the
00:32:40
endless logging roads. >> There was nothing ever found of her. She just disappeared. Yeah. She just
00:32:46
vanished. >> Vanished. Just like Colleen McMillan, a sweet 16-year-old redhead who back in
00:32:56
1974 asked her little brother Shawn to be a stand-up brother. >> She just said, "Don't tell mom I'm
00:33:02
hitchhiking." and she walked away. >> What happens? >> She didn't arrive. Just didn't get there.
00:33:14
>> Her body was found a month later, not 30 miles from the family home. Colleen's brother Kevin.
00:33:25
>> It's a lifelong disaster is what it is. It was sad the day it happened and we're
00:33:31
sad today and we'll be sad the day we die. >> But then nearly 40 years after Colleen's
00:33:40
disappearance, >> it has been a long wait for answers. >> A dramatic development.
00:33:45
>> We've had a major break in the case and surprisingly it's an American [Music]
00:34:10
In 2012, 38 years after Colleen McMillan disappeared. >> Thank you for coming. I'm Inspector Gary
00:34:18
Shanker. The RCMP announces a stunning break. >> The break has to do with the 1974
00:34:26
disappearance and murder of 16-year-old Colleen McMillan. >> Using new enhanced DNA technology, the
00:34:35
Highway of Tears task force matched male DNA recovered from Colleen's clothing to
00:34:41
this man, Bobby Jack Fowler, a Texas native who had worked as a roofer in Prince George. Colleen's brothers, Shawn
00:34:50
and Kevin. >> I couldn't comprehend what was going on here. They they found the guy and I
00:34:56
couldn't wait to phone everybody. We had all been waiting 38 years. >> Finally, one of the cold cases along the
00:35:06
Highway of Tears is at last solved. It's gratification. In the States, we call this a CSI moment. You've just had
00:35:15
your Canadian CSI moment with this case, haven't you? Ours took longer, but we've
00:35:19
had it. It just reaffirms to us why we do our jobs. >> The task force strongly believes Bobby
00:35:27
Jack Fowler killed these young women as well. Gail Weise and Pamela Darlington, both 19 years old and missing since
00:35:36
1973. And Fowler may be responsible for six other Highway of Tears murders. a violent man. Um, sexual assaults,
00:35:47
kidnapping, firearms, um, in and out of jail. He's he's clearly a monster. Fowler was married twice and has four
00:36:00
children, but his work life was nomadic. He'd drive from motel to motel, picking
00:36:07
up women in bars and girls hitchhiking along the highway. He he believed that the the majority the vast majority of
00:36:15
women that he met in those places not only uh desired to be sexually assaulted but desired to be violently uh sexually
00:36:23
assaulted. >> Fowler lived in 11 states from Texas to Oregon. Newport, Oregon investigator Ron Benson
00:36:33
is looking into Fowler's past and thinks he may have left another Highway of Tears here in the US.
00:36:42
We have a similar situation where two girls left Beverly Beach State Park in the middle of the night and probably
00:36:48
came out on the highway. We know Bobby Jack Fowler was in Oregon off and on for decades. When these girls bodies were
00:36:56
found 5 months later out in the woods, they were found in a condition similar to the cases in British Columbia.
00:37:05
Benson believes Fowler may have committed as many as seven murders in Oregon, but it was one notorious case
00:37:14
involving a woman at this motel in 1995 that finally led to the end of Fowler's rampage.
00:37:22
>> Bobby Jack Fowler tried to kill her here. He tried to tie her up and to escape him, she jumped naked out of a
00:37:29
second story window with a rope tied around her leg. >> The woman agreed to speak with us on the
00:37:34
phone. >> He was just weird. He just got weird. And then he put the rope around my foot. He was
00:37:40
like, he told me he was going to put me in the ocean. I just was trying to scream
00:37:48
and he just covered my mouth. But somehow she did manage to get to the window and jump out alive.
00:37:55
>> No one deserves this. If people are out there, you you don't know who they are.
00:38:01
I'm just glad that uh I got away. >> When the first officer arrived, he was packing. He was putting his belongings
00:38:10
in the car. >> Fowler was arrested and convicted of kidnapping and assaulting her. If he'd
00:38:16
had 15 more seconds, he would have driven away into obscurity, and the Royal Canadian Mounted Police would have
00:38:22
not have had that opportunity to make that DNA connection. >> The McMillan now know who killed their
00:38:28
sister, but will never get the satisfaction of seeing him pay for her murder. Fowler died in prison in 2006.
00:38:39
>> I just I'm just I'm glad that it's kind of over for us. [Applause] [Music] But it's not over for the family of
00:39:00
Maddie Scott. She disappeared long after Fowler died. So far, the RCMP has identified two alleged serial killers.
00:39:11
But that does little for the families of Tamara Chipman, Ramona Wilson, Lana Derek, Monica Ignis, and more. They are
00:39:21
still waiting for closure, hoping that the haunted beauty of this highway will one day reveal all its secrets.
00:39:31
It's one of the most beautiful, most spectacular roads that you'll ever travel on.
00:39:38
>> So you can be there on the most beautiful day of the entire year and suddenly you see one of these signs and
00:39:45
you feel this foroding on the road. It's a place that definitely has a personality and a lot of times that's
00:39:52
dark. [Music] [Music] Now, a special two-part edition of 48 hours. [Music] You don't know exactly what you're going
00:41:00
to be finding up there and and so just driving up there in in itself, you're kind of walking into the unknown.
00:41:09
I I believe I was a little nervous. >> I would describe it as being absolutely savage.
00:41:23
This was someone who used a baseball bat to kill the family. What I see is an attack that is not only
00:41:33
calculated and carried out with precision. There was blood all over the room, on the ceiling, on the floor. I
00:41:42
also see a crime scene that smacks of the murderer having a very very personal vendetta.
00:41:52
>> Somebody just went off the deep end and once they started killing they either
00:41:56
enjoyed it or they couldn't stop themselves. In an upper middle class neighborhood of
00:42:04
an upper middle class community, [Music] three unsuspecting and undeserving human
00:42:14
beings were savagely beaten to death. >> There's blood. They're not breathing. I
00:42:23
don't think it's safe here >> by somebody who they knew. Heat. [Music] [Music] Heat.
00:42:45
[Music] [Music] It was a plan. A well rehearsed, well thoughtout plan. What happened in this house on a hot
00:43:23
summer night in 1994 brought tragedy and mystery to this quiet neighborhood in Belleview, Washington. Just after 2:00
00:43:32
in the morning on July 13th, police were called to a crime that would take them 10 years to bring to justice. Had you
00:43:40
ever seen anything like it? Never. >> James Jude Conat is a senior deputy prosecutor in King County.
00:43:48
He and a team of detectives have been haunted by this crime and the killers who got away.
00:43:54
>> They think that they are smarter than other people in the world. And I know that sounds just kind of a broad
00:44:00
statement, but I I really believe they believe that >> the search for the truth would lead
00:44:05
police to another country through a web of intriguing clues. Could this screenplay that described a murder
00:44:13
unlock the mystery? And in the end, would a sophisticated undercover operation set in a makebelieve world of
00:44:21
crime catch the real killers? The story begins with a call for help. >> What are you reporting?
00:44:29
>> Uh uh my friend, his mom and dad, we think they're dead. >> Sebastian Burns and his friend Aif Rafé
00:44:37
had stumbled on a horrific scene. Atif's parents had been murdered. There is nothing that I can imagine about my
00:44:45
parents that could have justified anyone to do what was done to them. >> Sultana Rafif's mother was the first to
00:44:58
be killed. >> Sebastian, what did you see when you walked through that door? >> I saw mom
00:45:05
lying on the floor. >> Tariq Rafé was the next to be murdered. >> We could see There was blood around him
00:45:16
and it it was clear that he had been attacked. >> Why do you think that they're dead?
00:45:21
>> There's blood. They're not breathing. Uh there's blood all over his face. >> It was basically an overkill.
00:45:28
>> Detective Bob Thompson has been on the case since the night it began. >> It just looked like someone had hit him
00:45:34
40 or 50 times. >> Please. Fast. Okay. They're on the way. >> They're on the way.
00:45:40
>> We'll be outside. >> Okay. Go ahead. As the boys waited for help to arrive, a
00:45:45
third victim, Aif's autistic older sister, Bosma, was clinging to life, moaning in her bedroom.
00:45:52
>> The third victim was autistic. It would make sense that she's murdered last because everybody knows that she can't
00:45:58
make a 911 call. >> Bosma died a few hours later at the hospital, taking with her the secret of
00:46:06
who killed the Rafé family. The Rafes had just moved to Belleview from Vancouver, Canada. Sultana had a
00:46:15
doctorate in nutrition, but devoted her life to raising her gifted son and disabled daughter.
00:46:21
>> I think she was um certainly an extraordinary person. >> Do you miss your mom?
00:46:26
>> I do. >> What do you miss most about her? >> Well, the the mere presence is enough,
00:46:32
but uh she knew me in a way that uh I suspect that no one ever will. Um she was always able to look right through
00:46:39
the uh adolescent sort of pomposities that I might have had and remind me that uh I was just uh a silly kid at times.
00:46:48
>> Tariq Rafé was a structural engineer who had worked on buildings around the world
00:46:54
>> in a sense. We were all like kids around him or or like my mom was too and we
00:46:58
were all I guess sort of in his orbit. Um, he was a brilliant person. Uh, probably a far better mathematician than
00:47:07
I will ever be. >> No one could understand who would take the lives of this quiet family and spare
00:47:14
their only son. Detectives began to look more closely at the crime scene. >> What's the problem there? There's been
00:47:22
some kind of breakin. >> Sebastian had used the words breakin to report what had happened.
00:47:29
>> Is it locked? It's not locked. It's >> unlocked. Just looking at that room, you
00:47:32
started realizing this this looks like someone set it up. Boxes were tipped over, drawers were opened, but nothing
00:47:40
appeared to have gone through. >> That night, when police asked what was missing, a teeth said two things, his
00:47:47
discman and a VCR. >> Someone came in, murdered three people, and took his Walkman and a VCR.
00:47:56
I mean, it makes no sense. Detectives probe deeper. Who were these teenage boys who reported the crime?
00:48:05
>> The 199293 school year. >> Sebastian Burns and Aif Rafé had been best friends since high school.
00:48:12
>> What' you like about high school? >> I liked being a kid. I liked having free
00:48:18
time and I liked hanging around with other kids and I just liked being young. The boys
00:48:25
shared a sarcastic sense of humor and an interest in reading and debate. >> What would you guys talk about? What
00:48:31
were you interested in? >> You know, it was things like uh Shakespeare and philosophy and uh Camu
00:48:38
and things like that. >> They had a lot in common. They became very good friends because they were both
00:48:45
precocious. They were both intelligent. >> Sarah Isix is Sebastian's high school
00:48:50
sweetheart. >> He went to parties. He was athletic and he became friends with a Tif and sort of
00:48:58
showed a Tif how to dress. He'd introduced a Tif to girls. He sort of helped a Tif be a a stud like he was.
00:49:09
>> That's going back a bit. >> Sebastian was raised in a loving family with English roots.
00:49:15
>> There was a lot of respect in our household. I mean, um, you didn't talk back to my parents. So you didn't swear
00:49:22
in the house. >> Sebastian's sister, Tiffany. >> We both grew up playing classical cello,
00:49:28
so we had music lessons and we had to practice every day after school. >> All right.
00:49:32
>> In 2005, Tiffany was a TV reporter at the CBS station in Cleveland. She can't
00:49:38
say enough about her little brother. >> He's very smart. I mean, he's definitely
00:49:43
what you would call an intellectual. He's so well read. He's got so many fascinating things to say. Sebastian
00:49:51
became a member of the Royal Canadian Aircadets and was given an award by Prince Edward. A thief made it to the
00:49:58
Ivy League, attending Cornell University. It was the summer of their freshman year in college when the
00:50:04
murders took place. >> It sort of is like a jigsaw puzzle, but you know, you just take that piece and
00:50:10
you put it here and you start you start fitting it together and pretty soon you get a picture. Police took Sebastian and
00:50:16
Aif to the station and examined them for traces of blood. They found nothing. When asked where they had been that
00:50:23
evening, the boys provide a full account. At 8:30, they drove to a restaurant for a bite to eat. Then they
00:50:30
went to a 9:50 showing of the Lion King. >> Why do you remember them? >> They were acting annoying, obnoxious.
00:50:39
Everywhere they went, the people who came into contact with them remembered them.
00:50:44
>> After the movie, they stopped at another restaurant and left the waitress a $6
00:50:49
tip on a $9 tab. >> They don't usually do that, especially young guys. Young guys don't tip very
00:50:54
well. >> But something else troubled police. How could the boys remember so much detail
00:51:01
about where they'd been that evening and yet not recall key moments at the murder
00:51:06
scene? The police decided to interview Sebastian and Aif again and detectives recorded the conversation.
00:51:15
>> I found my mom. Can't remember. >> What did you do? >> I I may have gone up to her. I I can't
00:51:20
remember. I don't know what I did. Um I can't remember. >> Did you go walk over to your dad?
00:51:27
>> Um I don't think so. No. >> Did you touch your dad? >> I don't think so. >> Well, you'd know though, wouldn't you?
00:51:35
>> Yeah. I I don't I I I don't know if I No, but I don't I don't think I touched him.
00:51:41
>> See, I don't understand this. Aif, your your sister is moaning. She's hurt. >> Yeah.
00:51:47
>> And you don't want to help her. >> Detectives wanted to know why Aif didn't help his dying sister even though he
00:51:54
heard her through her bedroom door. >> How hurt is she? >> I didn't know. >> Okay. You don't know how hurt she is?
00:52:02
>> I don't know how hurt she is. All I know is that I can't I I can't do anything.
00:52:08
>> Sebastian and Aif were witnesses. By the time they left at the end of these statements, were they suspects?
00:52:16
>> Yes, definitely sus. By the time they left, they were suspects. >> You know what? I I think you know who it
00:52:23
is. >> They I would tell you I would tell you if I knew who did it. And investigators
00:52:30
thought they not only knew who, they also knew why. >> Three to $400,000 is about to slip
00:52:37
through his fingers if she lives. Are you saying that Tif didn't go to the aid of his sister because he didn't want to
00:52:43
save his sister? >> Aif didn't go to the aid of his sister because unless she died,
00:52:48
the whole plan came crumbling down on them. 3 days after the murders, relatives gathered in Belleview to bury the Rafes
00:52:57
in a traditional Muslim ceremony. But the only surviving member of the immediate family was nowhere to be
00:53:04
found. >> They were wondering where's the teeth? Where's the where's the son? >> On the day of the funeral, the Rafa's
00:53:12
only son was on a bus headed across the border to Canada. And with him was his best friend, Sebastian Burns.
00:53:30
Sebastian and Aif were now in Vancouver, Canada, out of reach of the Belleview police and an investigation that
00:53:38
targeted them for the murders of the Rafé family. Did the boys go to Vancouver or did they flee to Vancouver?
00:53:46
>> From our perspective, they they fled back to Vancouver. You didn't fade. He went home.
00:53:54
>> Their sudden bus trip across the border only raised more suspicion even though
00:53:59
both boys were Canadian citizens. >> How do you flee a country getting on a Greyhound bus?
00:54:06
>> In fact, a representative from the Canadian consulate informed the Belleview police of their trip in
00:54:12
advance. >> She contacted the Belleview Police Department to say, "These guys are
00:54:16
leaving. They're going home if that's okay with you." and she was told, quote, "Sure."
00:54:22
>> Mhm. >> She then tells the boys it's okay to go and they leave. That is not fleeing.
00:54:28
>> It is not fleeing. I think it's >> to ask permission. >> Aif and Sebastian both had my numbers.
00:54:34
They knew I was even in the process of getting them a pager so we could keep in contact. And they're gone. They don't
00:54:39
tell me where they're at. They know I'm investigating the murders of their parents. And they're gone.
00:54:45
>> Detective Thompson was a veteran cop. This is the other. >> His gut told him that the boys were
00:54:51
guilty, but he just didn't have the evidence to prove it. Investigators kept combing the house.
00:55:00
>> Is it locked? It's not locked. >> They found no forced entry. There was, however, an eerie clue. A forensic tool,
00:55:09
Luminol, showed blood on the shower walls. The killer had used the shower before leaving. the person was so
00:55:18
comfortable and calm and collected that he or she might then decide perhaps they'll have a shower before they go.
00:55:26
It is inconceivable. >> Could that be the reason why the boys who had discovered the bodies at that
00:55:33
bloody crime scene didn't have a trace of blood on their hair, their hands, or anywhere on their bodies?
00:55:41
>> Are you a killer, Sebastian? >> No, absolutely not. Did you hold that bat in your hands and kill those three
00:55:47
people? >> No, I didn't. >> You're not lying to me. >> No. >> Would you have ever done anything, Aif
00:55:55
to hurt your parents? >> No. The single most distressing thing about this entire experience is the fact
00:56:04
that I would even have to speak out and say, "Yeah, no, I I did not do that." >> Okay. In here. Even without physical
00:56:13
evidence, detectives were determined. They began to build a case against the boys based on their odd behavior
00:56:21
following the murders. >> They cooperated. They did everything that was asked of them. However, when
00:56:26
they did things, they they had this air or this attitude about doing it. They honed in on their demeanor at the crime
00:56:34
scene and questioned why they sat in front of the house if they believed an intruder might still be there.
00:56:41
>> He's out on the curb, you know, 20 yard away from the the front door where this
00:56:46
supposed killer might be in the house and he's waiting for the police on the curb. Well, the T7 a cigarette.
00:56:52
>> I'm not sure that anything that we did made any sense. I I was not thinking in
00:56:58
a normal way. Police also couldn't make sense of why a Tif would notice that his discman and
00:57:05
VCR were missing. >> He's walking around the house claiming to discover the fact the VCR is missing.
00:57:14
And ultimately, while his mother and father and sister lay in a state of carnage,
00:57:24
let's not mince words here. It is carnage. He claims to have discovered that the
00:57:31
walkman was missing from his bedroom. >> And they've decided that my son and his
00:57:38
friend are the guilty parties. They've decided that >> I believe him to be totally innocent as
00:57:44
is a thief and they have been damned. >> Sebastian's family and friends rallied around him and a teeth.
00:57:54
>> I remember sitting on those steps with Sebastian. I remember sitting on that field.
00:58:00
>> Sebastian's former girlfriend, Sarah Issac, says she knows his character better than anyone.
00:58:07
>> Have you ever thought to yourself, "Maybe there was something I missed about Sebastian that I just didn't see."
00:58:13
>> There's nothing that anyone could tell me. There's never a moment when someone
00:58:17
could tell me something that made me think, honestly, maybe he did it. I never had to face that moment ever. I
00:58:25
know Sebastian. He was and is my very, very good friend. >> Do the cops investigating this just need
00:58:34
to get home to dinner? I mean, why didn't they follow up the leads that came their way?
00:58:42
>> And there were other compelling leads. Within days of the crime, police received a tip from a reliable informant
00:58:49
that someone had offered $20,000 to kill an East Indian family that had recently
00:58:55
moved from Vancouver to Belleview. There's no physical evidence that links Aif and Sebastian to the crime. Their
00:59:02
alibis check out and now you get this lead from an informant in Canada that somebody had been bragging about a hit
00:59:11
on an East Indian family in Belleview, Washington. tells me that's the direction now you
00:59:17
should be focusing your investigation since there's no evidence against these boys.
00:59:22
>> Well, there is evidence against those boys. There was a lot of evidence against those boys and it was all
00:59:27
circumstantial. It wasn't evidence to convict them. Certainly. >> Is it fair to say that you didn't
00:59:33
properly check out this lead in Vancouver? >> Um, you know, there are it may be fair
00:59:38
to say that that lead was not fully checked out. You get all kinds of tips that come in
00:59:46
and you have to weigh them. But the leads didn't go that direction. The leads went directly to Canada and the
00:59:52
leads followed. We followed those leads to Sebastian and Aif. >> A teeth. Why don't you talk to police?
01:00:06
But on the advice of a lawyer, the boys decided to stop cooperating with Belleview authorities.
01:00:13
>> The minute we went to Canada, Burns and Rafé wouldn't talk to us at all. They
01:00:16
were telling other people not to talk to us. >> So Thompson kept digging and found what
01:00:23
he thought was a disturbing clue from their past. We started looking through their high school yearbook and Sebastian
01:00:30
Burns was uh in a high school play called The Rope about two kids who commit the perfect murder.
01:00:37
[Music] >> These are words that Sebastian's character said on stage. Do you mind
01:00:45
reading it? >> An immaculate murder. I have killed. I have killed for the sake of danger and
01:00:51
for the sake of killing. Ariana McGregor performed in the West Vancouver High School production of Rope along with
01:00:59
Sebastian. >> The character in the play is somebody who's arrogant and um believes he's
01:01:04
better than everybody else. And Sebastian had a quality of being superior. He knew he was intelligent,
01:01:09
knew he was good-looking. What was Rope about? >> The gimmick of the play is that there's
01:01:15
somebody is murdered at the start of the play and the villains put him into a box
01:01:20
and then they invite guests over. Everybody's at this party wondering when the last guest is going to show up and
01:01:27
nobody knows that actually he's in the box at the front of the play. And so, um, there's lots of suspenseful giggles
01:01:32
all the way through because everybody in the audience knows that there's this, uh, person, this this thing in the box.
01:01:40
>> He's black and white. >> Your character on stage says, "We've always said, you and I, that moral
01:01:46
concepts of right and wrong don't hold for the intellectually superior. The only crime we can commit is a mistake.
01:01:54
There's some people who believe those are words that the real Sebastian Burns might say. Well, that's ridiculous.
01:02:03
There was no time ever during any performance or any rehearsal that anybody was ever thinking anything
01:02:09
serious about any of the supposed intellectual philosophies in this play or or anything like that.
01:02:17
But detectives believed the fictional murder story did inspire the real life crime. Even more chilling, the weapon
01:02:26
was the same, a baseball bat. >> Well, that's just a huge coincidence. I think Sebastian was actually mortified
01:02:34
when when he realized that he was a suspect in the baseball bat killings of the Rafes because he said, "Ces, what's
01:02:40
going to happen when they find out about the play?" >> How does the play end? their superior
01:02:45
figures them out. Someone who is actually more intelligent than they are uh figures it out and they get caught.
01:02:56
>> As the investigation continued in Belleview, the boys were living well in Vancouver.
01:03:05
With some of the money Aif inherited from his parents' estate, they bought a convertible and rented an apartment
01:03:13
together with another high school pal. >> I think I'll stay here forever. >> Jimmy Moshi.
01:03:19
Behind drawn curtains, they hid from the media who were constantly in pursuit of
01:03:24
them and their story. >> Hello, is Aif there? >> 987. But while they weren't talking to
01:03:36
the police, the police were listening to them. >> Hello, >> Raf. >> Oh, yeah. >> Every word they spoke at home or in
01:03:45
their car was being recorded. >> How are you doing? >> Um, okay. I guess >> the boys had no idea they were now the
01:03:55
targets of the Royal Canadian Mounted Police, the RCMP. The RCMP applied for and ultimately uh obtained
01:04:05
authorization to do wire tabs. On April 10th, 1995, RCMP investigators intercepted this phone message.
01:04:19
>> This is Crimper's hair salon calling for Sebastian to confirm his appointment
01:04:22
with Gregory tomorrow, Tuesday, April 11th. Sebastian could never have imagined that he was about to fall into
01:04:29
a trap set by one of the most sophisticated undercover operators in the world. There was no doubt in my mind
01:04:37
that yes, Sebastian Burns was responsible for this and we were in fact going to get a full confession from him.
01:04:53
By April of 1995, Sebastian Burns and Aif Rafé were Canada's most famous teenage murder suspects.
01:05:04
>> I remember a time when we're at a bus stop and someone drove by and rolled down the window and yelled, "Murderers."
01:05:12
That was typical. They were paras. They were hated. I was uh unable to go to college. I was
01:05:19
unable to get a job. >> But the boys had a plan to make their fortune and live out a lifelong dream.
01:05:29
They started work on their very own screenplay about two best friends accused of murdering a family.
01:05:38
The movie was going to be about Sebastian Barren and At Rafé and the injustice that was heaped upon them as a
01:05:47
result of the suspicion about their involvement in this triple aggravated murder case in Belleview.
01:05:53
>> They called it the Great Despisers. >> We were worried that it would sound a bit nerdy because having the word great
01:06:00
in the title sound makes sound kind of nerdy. And uh if we'd called it, for example, just the despisers,
01:06:07
um that would have uh been more unimpeachably cool. However, we we decided to have the courage to stick
01:06:16
with this nerdy title. While the boys worked on what they say is their fictional story about two friends
01:06:23
falsely accused, they had no idea the real life plotline was about to take an astonishing turn.
01:06:32
This is Quer's hair salon calling for Sebastian to confirm his appointment with Greg.
01:06:36
>> That simple message from a local hair salon was the moment the RCMP was waiting for.
01:06:43
>> I think they were very vulnerable to whatever the RCMP had in store for them. These were kids who' lived pretty
01:06:52
sheltered lives. >> When Sebastian was finished at Crimper Salon, a stranger was waiting. And when
01:07:01
Mr. Burns comes out of the salon, the undercover operator just approaches him, what they call the cold approach.
01:07:08
>> He seemed to me like some kind of an entrepreneur. >> He walks up to him and says, "Hey buddy,
01:07:14
can you give me a hand? I seem to have locked my keys in the car." >> So, uh, he asked me for a ride to his
01:07:19
hotel and I gave him a ride. >> The stranger took Sebastian to a bar and bought him a drink for his trouble. I
01:07:27
was impressed by that. And um I was also sort of intrigued, I guess, or or excited about the way that he seemed
01:07:38
um so ready to be interested in me. >> Sebastian told his new friend that he and his buddies had written a
01:07:46
screenplay, but he didn't have a job and needed financing. The friend said he knew someone who could help. Ultimately,
01:07:55
the goal was to get Sebastian to meet with the next guy up the chain, and it worked perfectly.
01:08:02
>> Sebastian thought he was about to meet a connected businessman, but it was this
01:08:07
man, Sergeant Hlett of the RCMP. We cannot show you his face. >> I don't think there's an undercover team
01:08:16
like this anywhere in the world. And I say that very seriously. >> The best of the best. the best.
01:08:26
>> The RCMP spent months preparing to manipulate their target. They had access to fancy cars, posh
01:08:36
hotel suites, weapons, false international documents, beautiful women. Posing as professional mobsters, the
01:08:47
RCMP set up the first meeting with Sebastian at a strip club. >> How important was this movie to
01:08:54
Sebastian Burns? It was just about his whole uh life. >> The crime boss told Sebastian he did
01:09:01
have cash to invest in his screenplay, but Sebastian would have to earn it. Sebastian had no idea he was being
01:09:10
offered work in a makebelieve world of crime. Jobs were also promised to Aif and their pal Jimmy Mioshi.
01:09:20
>> I hope these guys are solid, man. These guys never going to betray me. Ever. All
01:09:26
right. Never. Ever. >> Sebastian's first assignment. Transport a stolen car for the crime
01:09:34
boss. >> He had nothing. And then he was offered something. He was offered something that
01:09:40
was criminal, something that he probably wouldn't have thought was a good idea had he had something else going on in
01:09:46
his life. >> He was only paid $200 for the job. And he wasn't happy. >> He was disgusted.
01:09:54
>> He made it clear he wasn't happy. He uh told us he could make more money than
01:09:57
that stealing his videos out of stores. >> It was essential to the undercover operation that Sebastian continue
01:10:05
working for the organization. So the next staged crime is easier for more cash. >> What I want you guys to do, which is no
01:10:12
big deal, it's pretty straightforward. Uh >> Sebastian and Jimmy Moshi go from one
01:10:17
bank to another laundering money. >> Cash is here. Just take a deposit into this account. 20 When you guys run the
01:10:23
first time, next time got a different bank. >> This time for a day's work, they get
01:10:28
paid $2,000. >> So cool. This has been the coolest thing ever. >> I couldn't help but be excited about
01:10:39
having $2,000 put in my hand and I'd hardly had to do anything for it. Months go by. The undercover operators take
01:10:47
Sebastian to posh hotels trying to build trust and draw him out. >> How's it working?
01:10:57
uh went well. We haven't started filming or anything, but our script is uh can do
01:11:02
anything. >> Did you sense that Sebastian felt he was smarter than you? >> Oh, there's no doubt he made it clear
01:11:10
and told us that on more than one occasion. >> Smart. Tell me how smart you are. I'm
01:11:18
one of the most intelligent people in the world. >> Slowly, the undercover operators bring
01:11:24
up the investigation in Belleview. Hlett tries to get Sebastian to confess by telling him he already knows what
01:11:32
happened. >> I know you did it. You know you did it. The police know you did it.
01:11:37
>> All right, I know that. >> Sebastian doesn't admit guilt, but he confides in the mobsters that if the
01:11:44
police did find something to tie him to the crime, he might want them to destroy
01:11:49
it. And he has a very practical theory. As one of the best known murder suspects in
01:11:56
Canada, he is confident that his movie would make millions if he is suddenly proven innocent.
01:12:04
>> And a film with that kind of promotion because the thing is as it is right now,
01:12:07
it's like controversy, right? Which in itself promotes, right? But this is like, oh, you're heroes and something
01:12:14
goes up to 2530 million. >> Taking their cue again from their target, the businessmen raise the
01:12:21
stakes. They tell Sebastian that the Belleview police have physical evidence tying him to the crime.
01:12:29
>> Well, I tell you, they're coming to lock your ass up. >> Yours and your friends.
01:12:36
>> To make it seem real, Hlett shows him this phony memo on Belleview police letter head detailing the evidence
01:12:44
linking Sebastian to the murders. here. Just read this piece of >> The mobsters offer to destroy the
01:12:52
so-called evidence, but they need Sebastian to tell them exactly what happened in the Rafé house the night of
01:13:00
the murders. >> Well, I want your help. >> Yeah, you need my help. >> So, you tell me what went on down there
01:13:11
and I'm going to tell you how I'm going to take care of your problem. Finally, on July 18th, 1995,
01:13:18
one year after the murders, Sebastian meets the crime boss, Sergeant Hlett, at the Ocean Point Resort, and the cameras
01:13:27
are rolling. He walks into this hotel room and takes off his shoes. He stretches out on a love
01:13:36
seat. It's only then that Mr. Burns lets his guard down and the dirty little secret that he's been protecting for the
01:13:42
last 12 or 13 months starts to unravel on video for the whole wide world to see.
01:13:46
>> It has taken 3 months of undercover work to get to this moment. >> Both guys are coming in and say, "Hey,
01:13:54
let's go off your family and get all their money." >> Basically, >> essentially. Yeah.
01:14:05
and he uh told me the details how him and Tif Rafé did commit the murders in Belleview.
01:14:12
>> How you knew three people at once? >> Uh not on the >> extremely extremely cold individual. It's phenomenal.
01:14:25
to you a man. The next day, Sebastian brings a teif to the crime boss to tell his story.
01:14:34
>> How does it feel when your parents thought >> pretty broadly, but it's tempered by the fact that I felt
01:14:44
that necessary to I guess um achieve what I wanted to achieve in this life. That's all the police needed to hear.
01:15:01
>> Those were solid, strong confessions that only the individuals that responsible for that murder would be
01:15:08
able to sit down and tell it like it was. >> Cheers. >> Sebastian, and Jimmy Moshi are all arrested.
01:15:20
>> You have anything to say? >> But this case is just beginning. Sebastian says he's lying, that
01:15:27
undercover officers intimidated him into making a false confession. I believe that if I'd cross them that they would
01:15:36
have me killed Sebastian Burns and Aif Rafé, best friends who once dreamed of making it
01:15:54
big in movies, were now behind bars. But no sooner were Sebastian and Aif arrested than the same Canadian
01:16:09
government that set a trap to catch them led an international battle to spare their lives.
01:16:15
>> We should not be sending anybody back. >> The case went all the way up to Canada's
01:16:21
Supreme Court. Persons who leave the country and commit offenses outside of the country should expect that they will
01:16:27
be punished under the laws of the jurisdiction in which they committed um the crime.
01:16:36
[Music] Sending the boys back across the border to Washington meant they would face the
01:16:43
death penalty if convicted. A punishment Canada had long since abolished and considered inhumane.
01:16:53
>> We never knew when we were going to be leaving for the United States. >> And every time we heard, oh, there may
01:16:58
be a trial, you know, next year, then it became the next year. And that lasted for about four years where we thought
01:17:05
that we were a week away from extradition. After 6 years of legal wrangling, the
01:17:14
King County prosecutor in Seattle agreed to Canada's demands not to seek the death penalty.
01:17:23
Sebastian and Aif, now 25year-old men, were finally extradited to face murder charges. Mr. Rafa, you're charged.
01:17:32
>> Mr. Burns, you're charged in the cause numbers that I just read with three counts of aggravated murder in the first
01:17:40
degree. >> If convicted, the penalty would now be life with no parole. >> That goes with the motion to dismiss.
01:17:48
>> They were appointed a team of attorneys. Representing Sebastian was Terresa Olsen, an ardent, if eccentric, public
01:17:55
defender who believed in the boy's innocence. >> Of course, they didn't do the killings.
01:18:00
the the the evidence is clear that they didn't do the killings. >> Olsen worked tirelessly on the case,
01:18:06
running down leads and witnesses. But in the summer of 2002, the case took a bizarre turn.
01:18:15
Guards at the King County Jail reported seeing Olsen having sex with Sebastian during an attorney client meeting.
01:18:23
>> Shut up. >> The well publicized scandal even caught the attention of late night comic Jay
01:18:29
Leno. male lawyer in Seattle is in trouble for having sex in jail with her client who is a murderer. How creepy is
01:18:37
that? Huh? Sex with a lawyer and brought the trial to a grinding halt. >> This court had no choice uh but to
01:18:50
appoint new counsel. >> Sebastian's new attorneys were a dream team. Ivy League trained Jeff Robinson
01:18:58
and Song Richardson. >> There is a lot at stake for Sebastian Burns and we will be fighting till the
01:19:06
end. >> 187's a retired artist. >> They were among Seattle's best and most expensive criminal defense lawyers.
01:19:13
>> Exactly. >> Along with Amanda Lee, they staunchly believed in the boy's innocence and
01:19:19
agreed to take the high-profile case at a public defender's wage. They have been
01:19:25
essentially judged and treated as though they were guilty from the beginning when
01:19:29
the evidence just isn't there. >> What kind of pressure is on all of your shoulders as we approach this trial?
01:19:38
>> Nothing more or less than the rest of Sebastian Burns natural life. >> They were up against two of the most
01:19:46
seasoned and respected prosecutors in Seattle. >> I want to talk. We're going to get in
01:19:52
sit up. Roger David Heiser would be joining James Conat on the case. >> It's not justice, it's the truth. What
01:20:00
we're after here is the truth. And I would submit to you that's what separates our side from theirs.
01:20:11
By September 2003, Sebastian and Aif had been in jail for more than 8 years, charged but never convicted for the Rafé
01:20:21
family murders. >> You have to recognize that these are human beings and they have had their
01:20:29
lives stolen from them. And to make it worse, they've had their lives stolen from them
01:20:36
to somehow resolve a murder that they didn't commit. >> The case would turn on those
01:20:43
controversial confessions. >> Make believe mobsters extracting confessions from teenagers.
01:20:53
Is that allowed in the state of Washington? >> It's not allowed in the state of Washington.
01:20:59
And I don't think it's allowed anywhere else in the United States under the circumstances that it was done in this
01:21:07
case. >> Are you comfortable using the results from an illegal undercover investigation
01:21:13
by US laws in your case? >> This investigation was not illegal because it was conducted in Canada by
01:21:20
Canadian authorities targeting Canadian citizens. It was an investigation that they undertook separate and apart from
01:21:26
the Belleview investigation. [Applause] This case, it's not only about the lives
01:21:38
of my two friends. It's about the responsibility of police and prosecutors to do their job properly and to act in
01:21:46
good faith. And they have not done that in this case. >> It would be up to Superior Court Judge
01:21:55
Charles Martell. Well, please be seated everyone >> to decide if Sebastian and Aif's
01:22:00
chilling confessions caught on tape would be allowed to damn them in an American court.
01:22:07
>> Other prosecutors in other cases with evidence just like that have told jurors just like the ones
01:22:14
that will sit in our case that it's a slam dunk. And those jurors very comfortably have convicted people and
01:22:21
sentenced them to die. And they've been wrong. Judge Martell was about to make the most
01:22:30
controversial ruling of his career. The boy's lives would depend on what he was about to say.
01:22:39
48 hours continues. [Music] 48 hours continues. I think that everyone who knew Sebastian
01:23:25
thought that he was going on to do something interesting with his life. Yeah. People expected him to be a leader
01:23:32
to do something interesting and um I hope one day he will. [Music] >> Sebastian Burns and Aifraf should have
01:23:43
been celebrating at the West Vancouver High School 10-year reunion. Instead, they had become the class of
01:23:54
93's most infamous graduates. Prosecutors say just one year out of high school, these brilliant best
01:24:04
friends tried to commit the perfect murder. It was a brutal crime. >> There's blood all over his face.
01:24:13
>> That shocked the upscale suburb of Belleview, Washington. Aif's mother, father, and sister bludgeoned to death.
01:24:23
The motive, insurance money. The boys got away and were living in Canada until undercover police officers
01:24:33
caught them on tape boasting about how they did it. >> How did you three people at once?
01:24:41
is what I did. >> Now, on the eve of their murder trial, a judge would decide if a jury would get
01:24:49
to hear those chilling confessions. [Music] I do not find the undercover officer's
01:24:56
conduct in this case shocking or outrageous. Although they were deceitful, persistent, and aggressive.
01:25:03
They engaged in tricks, but not dirty tricks. It was a controversial ruling allowing
01:25:11
the boy's own words to be used against them. What should you do first? Um the father
01:25:17
>> and would set the tone for the whole trial. Just how powerful is the impact of this video of these two
01:25:26
boys confessing to murders. >> It's incredibly powerful. When I first saw it, I was taken aback. I was
01:25:34
shocked. There are two young men seemingly laughing about slaughtering three people and saying, "I did it."
01:25:42
>> And while the confessions may be shocking, the defense says they're not true.
01:25:47
>> This case is about what happens when a presumption of guilt, when a gut feeling
01:25:55
that you have the right suspects takes over from logical and objective evaluation of the evidence. This case is
01:26:04
about what happens when you pursue individuals as opposed to pursuing the truth.
01:26:10
>> Finally, in November 2003, more than 9 years after the Rafé family murders, Sebastian and Aif get their day in
01:26:19
court. >> The juryy's going to finally hear the story of what really happened to the
01:26:24
Rafé family and they'll hear the story of Sebastian and Aif's innocence. >> But prosecutors had a very different
01:26:31
story to tell. Sebastian Burns is young, thoughtful, charismatic, manipulative, and most importantly, a
01:26:41
killer. A brutal killer. You've been portrayed as a monster. >> Yeah. >> Yes. >> Maniacal,
01:26:50
plotting, a murderer. >> Are you those things? >> No. The state's theory is we want to
01:26:59
make the jurors hate these two young men. Essentially, they make it a test of character as opposed to a test of
01:27:06
evidence. >> And character is at the heart of the prosecution's case. >> All rise. Superior court is now in
01:27:13
session. >> The defendants were two young men who believed they could commit the perfect
01:27:20
murder. >> Roger David Heiser opened for the state. Ladies and gentlemen, what you will hear
01:27:26
in the end is that it was this very hubris that sealed their fate and their arrogant and unrealistic belief that
01:27:33
they were smart enough to achieve mastery over the police and their investigation. He zeroed in on the piece
01:27:41
of evidence that launched the case and for the first time revealed a startling flaw in the boy's plan.
01:27:48
>> There's uh I need uh an ambulance. They made that 911 call too quickly. >> They're
01:27:57
we think they're dead. >> My belief is that they just walked straight into the house and made the 911
01:28:02
call. >> The timing was critical. So, we asked Detective Thompson to retrace their
01:28:09
drive home from downtown Seattle where they were last seen that night. >> Uh 18 minutes.
01:28:18
>> What does that tell you? And 18 minutes would give them three minutes in the house.
01:28:24
>> And three minutes, said the prosecutors, was not enough time in the house to find
01:28:30
the bodies and do all the things Sebastian and Aif told the police they did. >> And think about what they had to do in
01:28:37
that 3 minutes. Three minutes to arrive home, pull the family car into the garage, enter the
01:28:45
home through the garage, discover and comprehend that Sultana, Tariq, and Bosma have been brutally attacked and
01:28:54
laid dead in three different areas of that house. The revelation startled the defense, but
01:29:01
Song Richardson was thinking on her feet. asking you, how long does it take to walk into a house and see these two
01:29:09
brutally butchered bodies of a thief's family and then run downstairs and call 911
01:29:14
>> and turn the prosecution's argument on its head? >> How long is 3 minutes? Well,
01:29:24
let's see. That was about a minute and a half. >> But remember, it wasn't just the
01:29:40
murders. In that 3 minutes, the boys also had to figure out there had been a burglary and that a VCR and Discman were
01:29:49
missing. >> There's been some kind of break-in. I hear the voice of a person who has
01:29:55
contrived a story that can only be explained by somebody who knew very well what had
01:30:02
happened in the Rafé family home. I was out of my mind at the time. I was totally in shock, totally
01:30:13
staggered and and confounded and and was almost totally hysterical. In a case where every minute matters,
01:30:29
the defense bolsters their claim of the boy's innocence by playing up statements
01:30:33
the neighbors on both sides of the Rafé house gave to police in the days following the murders. The neighbors
01:30:40
initially said that they heard pounding coming from inside the Rafé house at a time when the boys have an airtight
01:30:48
alibi. You were standing in this driveway and that's >> Mark Sidell lived right next door to the
01:30:53
Rafes. >> How loud were the bangs you were hearing? >> Um, they're pretty hard hits
01:31:01
a little bit harder to need hang a a picture. >> Sidel says back then he didn't think a
01:31:07
murder was taking place next door and figured the Rafes who had just moved in were probably unpacking. I sort of
01:31:15
thought about going over and helping him so they could go to sleep, but luckily that night I didn't.
01:31:20
>> The Rafa's other nextoor neighbor, Julie Rackley, testified that she also heard
01:31:25
sounds. >> Initially, I thought it just sounded like hammering. It had sort of an odd
01:31:31
resonance to it. >> The neighbors who heard these sounds, described them in great detail, and
01:31:37
verified what they were for the police all heard them well before 10:00 at night. And at 10:00, Sebastian and Aif
01:31:47
were still seen at the movie theater. >> If the jury believes these initial reports that Mark Sidell and Judy
01:31:54
Rackley gave to police, your case could be in trouble. >> Absolutely. You can't be in two places
01:32:00
at one time. There's no debating that point. There are two independent neighbors who separately heard the
01:32:08
murder happen at the end of twilight before 10:00 and we were known to be on the other
01:32:16
side of town when that happened. It was impossible for us to have committed this
01:32:20
crime. >> Prosecutors contend it is possible. Even though the boys were seen going to the
01:32:27
950 movie, there's no proof that they stayed. Is there a way for these two boys to exit the theater without drawing
01:32:34
attention to themselves? Say during the movie. >> Jose Martinez sold the boys movie
01:32:39
tickets that night and he showed us how they could sneak out from this theater. >> Go out this exit behind the curtain or
01:32:47
the other one over there. >> So if they slip through this curtain, you're not letting any light into the
01:32:51
theater. >> Correct. >> Then up these stairs >> and out this exit door. >> Doors outside. The defense protested
01:33:00
that even though it could have happened that way, there was no proof that it did
01:33:05
and that prosecutors were grasping at straws to get a conviction. >> They sifted through Sebastian's history
01:33:11
and his life and a Tif's history and his life and tried to find anything that would make them look like bad people. In
01:33:21
fact, months into the trial, prosecutors brought this intriguing surprise witness
01:33:27
from the boy's past who said she had evidence that could turn the case. But first, they would have to convince the
01:33:34
judge to let the jury hear what she had to say. You swear or affirm. >> Nazcol shift was a friend from the boy's
01:33:43
high school days who had dated Sebastian. What was this comment that Sebastian Burns made that that stood out
01:33:51
at you? >> He said, "I want to try to kill someone one day to see how how it would feel
01:34:00
because I think I would find it enjoyable." >> She claimed a late night conversation
01:34:04
she'd had years ago with the boys in her bedroom had planted the seeds for murder.
01:34:11
>> Did you think he was serious? He wasn't laughing and he said it in a serious tone.
01:34:17
>> Sebastian doesn't deny having the conversation, but emphatically says >> he wasn't serious.
01:34:23
>> It's uh a oneline paraphrase of a sarcasm from a hippie-dippy 3:00 a.m. conversation 10 years ago, and I can't
01:34:33
remember enough about it to defend myself against it. If anyone would reflect on that and think, imagine if
01:34:40
the worst parts of my personality, maybe the worst moments when I was 18 years old that I would be reminded of them for
01:34:51
the next nine years of my life and that's that in the public's eye would be the person that I'd become. I think
01:34:58
people would really shudder. It's a nightmare. >> Thank you for your time and your
01:35:02
testimony. It was certainly damning testimony, but the jury would never hear it.
01:35:09
>> There is no question. Had I known about this last spring, I would have admitted this.
01:35:15
4 months into this thing, I can't stop this process and let everyone dash to the four winds to try and research this.
01:35:24
The judge's decision flustered prosecutors. But there's another witness more powerful and much more damning.
01:35:34
>> You swear or affirm that the testimony of >> the friend the boys swore would never
01:35:39
betray them. [Music] >> Do you recognize Mr. Burns and Mr. Raf in the courtroom here today?
01:35:55
>> Yes, I do. It had been years since Jimmy Moshi had seen his high school buddies Sebastian
01:36:04
and Aif. Jimmy had moved to Japan and was living under another name when prosecutors
01:36:13
forced him to return to Seattle and face his friends at their murder trial. >> He was in no uncertain terms conflicted.
01:36:21
In fact, he spent the last two or three years of his life trying to avoid the eventuality of being compelled to come
01:36:28
to court and testify about his against his two best friends. >> Jimmy could have easily been sitting
01:36:33
next to his best friends charged with a crime. Back in 1995 during the undercover operation, Jimmy was also a
01:36:42
target of the RCMP. The RCMP believed Moshi helped the boys plan the murder of the Rafé family and
01:36:51
they wanted him to give a full confession on tape just like his friends had done.
01:36:56
>> You know what went on down there in that house? >> What went on? Yeah. >> But no matter how much he was pressed
01:37:02
for details, Moshi refused to implicate his friends in the murder. >> Okay. Do you know who killed the
01:37:08
parents? Yeah. Who? Is that what you want? Yeah. And um I just want I just wanted you to explain to me exactly the
01:37:16
purposes of you wanting to know is that so we can establish this kind of totally
01:37:21
for trust totally for trust. >> Totally. >> In some ways was Jimmy Moshi the smartest of them all.
01:37:27
>> He's not in jail. [Music] >> In fact, Jimmy was arrested with Sebastian and a interrogated by
01:37:38
authorities in Canada. He was told that he might face the death penalty himself.
01:37:44
He was told that his family, his job, his future would be ruined unless he said that Sebastian and Nativ confessed
01:37:52
to him. >> Back then, Jimmy told the police that his friends were innocent. >> At the time of your arrest on July 31,
01:38:00
1995, were they honest answers? They were answers that I guess the intention of a lot of those answers was to to
01:38:13
protect Sebastian and Aif >> at that point on July 31, 1995. Why is it that you gave answers that were to
01:38:22
designed to protect Sebastian and Aif? >> I guess it was also in a way to protect
01:38:29
myself. Um but in general because I didn't want Sebastian and Antif to get whatever arrested and potentially
01:38:40
convicted. But under increasing pressure, Moshi eventually agreed to cooperate and in exchange he was granted
01:38:49
immunity from charges of conspiracy to commit murder. Suddenly, he began to reveal more to the
01:38:58
police about what he knew. But now the question loomed. Would Moshi betray his best friends?
01:39:11
>> Had this subject ever come up before, the notion of of Aif Rafé killing his family?
01:39:17
>> No, this was this was the first time. In a halting voice that often dropped to
01:39:24
a whisper, Jimmy told the court that it was during a drive from Seattle to Vancouver when Aif first brought up the
01:39:32
idea of killing his family. >> What was your response to the notion of Hatif's notion of killing his family? I
01:39:42
guess I was listening and um I I mean he was my friend at the time and I guess in a way I was neutral on
01:39:53
that notion. >> On the stand, Jimmy recounted a discussion about how the boys would
01:39:59
commit the crime. You >> remember which methods were discussed? I remember something about um
01:40:07
gassing the house and I remember discussion about um I guess using a baseball bat.
01:40:16
>> What do you remember about why uh why a baseball bat could or should be used?
01:40:24
>> He has a quick and painless way of killing someone. I don't think there's any question that he was a
01:40:32
sounding board for them. >> The prosecution says Jimmy consulted on an especially chilling part of the plan.
01:40:40
Sebastian and Natif stayed here at the Rafé family home during the 5 days before the murders. And it was no
01:40:48
coincidence. It was part of the plan, prosecutors say, to commit the perfect crime. if they had been living in the
01:40:56
house previously that any kind of hair or whatever samples um that were collected
01:41:04
after um wouldn't um necessarily mean that they had done it >> by virtue of their being in the house
01:41:13
for several days. Any fingerprint that would be found or could be found could be explained as a result of there being
01:41:20
there having been there for several days. Any hair evidence that might be found could be explained for them having
01:41:27
been in the house for several days prior to the murders. >> It's diabolical, but it's pretty clever.
01:41:33
>> Damn clever. >> Finally, Jimmy gave the prosecution what they needed. >> He said that a watched while Sebastian
01:41:42
bludgeoned the family. And I remember hearing about how um I guess a Tif was pretty distraught and that
01:41:57
um from the moment that Sebastian had struck his mother that it was kind of a there's no going back. And
01:42:05
>> how hard was it to sit and listen to Jimmy Mioshi's testimony? It >> was enormously difficult. I think it was
01:42:12
difficult for him as well. Um, as I say, I I am outraged that he did it. Um, but at
01:42:23
the same time, I I think I I reserve my real outrage for the people who forced him to do it.
01:42:32
>> Did you discuss a plan to murder the Rafé family with Jimmy Moshi? >> No, we didn't. Never.
01:42:38
>> Why did Jimmy Moshi testify that you did? because he had a life sentence held
01:42:45
to his head. And if he didn't say what the police and the prosecution wanted him to say, that
01:42:51
life sentence was going to go off. >> It's the first time in 8 years that you have ever said anything like that, isn't
01:42:58
it, sir? >> Um, I'm not sure. >> And isn't what happened? >> The defense tried to hammer back. Jimmy
01:43:06
once lied to save his friends, so he could be easily lying now to save himself. >> You're making it up as you go along,
01:43:14
sir. That's why you're saying things for the first time. >> No, I don't believe I am.
01:43:18
>> Do you believe that Jimmy Moshi is a liar? >> Jimmy Moshi is a self-admitted liar.
01:43:26
Jimmy Moshi acknowledges that he has lied. The question will be how many lies does Jimmy Moshi get to tell? Mr. Moshi,
01:43:36
this conversation was on. >> The defense needed to come back with something strong and they had an arsenal
01:43:42
of forensic evidence that flew in the face of Moshi's testimony. They told the jury that there were three
01:43:50
killers in the house that night. Experts analyzed the patterns of blood on the wall and found drops everywhere
01:43:58
except this area where there was no blood, indicating another killer may have stood there during the attack. They
01:44:07
also said a pillow was moved during the bludgeoning. >> So we have killer number one moving the
01:44:13
pillow. We have killer number two bludgeoning Dr. Rafé with the bat. And then we have killer number three who has
01:44:20
to remain in the exact same place throughout the entire duration of the attack on Dr. Rafé.
01:44:29
>> And there was even more tangible evidence, a single hair on Tariq Rafé's bed.
01:44:36
>> According to the police officers there, this was an important hair because this
01:44:42
hair, according to the Belleview Police Department, would tell them who committed this crime. Did it match Aif?
01:44:49
>> No. >> Sebastian? >> No. >> Sultana? >> No. >> Bosma? >> No. >> Tariq? >> No. We don't know whether that hair
01:44:55
originated from someone who sat in the same seat uh that Sebastian Burns sat in at the movie theater or whether it was
01:45:02
picked up by Dr. Rafé at his workplace or how it got on that bed >> or if it was a hair from the killer
01:45:08
>> or if it was a hair from the killer. Prosecutors also added DNA evidence needs to fit a pattern and appear in
01:45:17
more than one place at a crime scene. That DNA profile appeared nowhere else in that house. There was absolutely no
01:45:24
other pattern of trace evidence that could even re be remotely suggested to be related to that hair. That was an
01:45:32
isolated hair. So with the forensic evidence inconclusive, the case comes down to whom the jury
01:45:41
would believe. You're saying a testimony of one of my best friends. Don't listen to that. My
01:45:49
own words on the video tape. Don't listen to that. Just take my word for it. We didn't do it.
01:45:59
>> Defense call Sebastian Burns. All right for the jury. >> More than 100 witnesses would take the
01:46:16
stand in the state versus Burns and Rafé. >> Could you kill again? Circumstances are
01:46:22
right. >> Finally, Canada's most secret undercover operation would be exposed before the
01:46:28
jury. And so would the question that had lingered for so many years. >> Why would you confess to a murder you
01:46:38
didn't do? [Music] >> At that point, it seemed like the only safe choice. It seemed like the best
01:46:44
choice. Why on earth would anyone confess to a murder they didn't do unless they were
01:46:50
petrified? [Music] That they were actually going to be killed themselves or people they loved
01:46:57
were going to come to some type of harm. >> The defense set out to prove that the
01:47:04
scales were tipped from the beginning. Professional liars. >> 1975 I was uh first trained in undercover
01:47:12
work >> against teenage boys. Have you worked as the primary undercover operator before?
01:47:18
>> Yes. >> I am frightened by the fact that this kind of undercover operation can be used
01:47:25
ostensively to search for the truth when it is built in whole on lies and manipulation and threats.
01:47:34
>> Mr. Burns, come on forward. >> Sebastian would have to convince the jury to believe him now and not to
01:47:41
believe what he said on those tapes. that I was in way over my head and I did not want to be involved with these guys.
01:47:51
>> I was upset with myself for having agreed to drive the car. >> Sebastian began his side of the story
01:47:58
with the first assignment from the crime box transporting that stolen car. >> What was your reaction when you heard
01:48:05
that they wanted you to drive the stolen car? >> Well, pretty quickly I felt that I'd
01:48:09
been tricked. Sebastian, why didn't you just look at him and say, "I am out of here. Walk away."
01:48:16
>> No, but there is no walking away. >> You want to know what I [ __ ] uh did my time for? I told the guy when it came
01:48:23
time for court. The person that could finger me, they're not around anymore. >> Sebastian says he couldn't walk away
01:48:30
from criminals whose power seemed to be so farreaching. I believe that if I'd cross them or if they weren't happy with
01:48:38
me or if they thought I was going to betray them that they would have me killed.
01:48:42
>> I just assume that you know you with your connections that if I were to you around, okay, I would just assume that I
01:48:50
would wake up one day with a bullet in my head >> on the stand. Song Richardson pressed
01:48:55
Sergeant Hlett about his scare tactics. Sebastian could easily, very easily have
01:49:02
believed that you and your organization would hurt people if they crossed you, right?
01:49:08
>> Uh, he he could have believed it. Yes. >> And that you would kill people if they
01:49:13
ever crossed you, right? >> Well, I've never said that. >> It goes to Sebastian Burn's imagination.
01:49:21
Let him sit back when he goes home at night and imagine whatever he chooses to. >> Is there any time in which your
01:49:30
character directly threatens Sebastian Burns? >> No. Never. >> The idea was not to frighten Sebastian,
01:49:36
but to make him comfortable talking about murder to other murderers. >> I know you did that. That's why you're
01:49:44
here. Could Sebastian Burns have walked away from his relationship with you at any time he chose to do so?
01:49:52
>> Without a doubt, he didn't have to return our calls. >> Hey, it's Sebastian leaving. Message
01:49:57
number three. >> Sebastian stayed, the defense argued, because he believed the Belleview police
01:50:03
were fabricating evidence against him. >> I'm going to show you something. You never saw this from me.
01:50:09
>> That phony memo detailing the evidence that the cops had against the boys. Here, just read this piece of
01:50:16
>> The undercover operators only offered to destroy the evidence if Sebastian confessed. You don't say to Sebastian,
01:50:25
"Look, Sebastian, if you didn't do it, just say so. We'll still deal with that evidence for you. We'll deal with it so
01:50:35
you won't get convicted. But if you didn't do it, just just say so. We'll still help." You never said that, right?
01:50:41
No, I didn't say that because up until this time, Sebastian Burns had never denied the involvement in the murders to
01:50:50
me. [Music] >> Going into the meeting on July 18th, what was your plan? >> My plan was to claim to be the murderer
01:51:04
that they insisted that they believe that I was. And to be convincing, Sebastian says he studied newspaper
01:51:12
accounts, so he'd know details of the murders. [Music] >> First, >> um, the mother
01:51:24
and dad and sister. >> As the cameras rolled, Sebastian confirmed the police theory that the
01:51:32
weapon was a baseball bat. use a metal or wouldn't that >> um metal >> and the eerie notion that the killer had
01:51:45
showered before leaving the sid clean up blood and that kind of stuff >> and that wasn't the only reason why
01:51:53
detectives found no blood on the boys you uh it's on Facebook have to shower no blood on you do it naked
01:52:04
[Music] Sebastian pointed out how he and a teeth would profit from the crime. >> Whatever money we get, it's like we
01:52:14
would invest it in our film. I guess >> he gave up the most soughtafter clue, the loophole in the alibi.
01:52:26
Why don't >> you uh do the dirty deed? Um, during the movie and I'm going to get you out of
01:52:35
the trouble you're in. [Music] >> Huh? >> I'm flattered by your attention. >> Aif explained that while Sebastian
01:52:45
killed his family, he staged a breakin. >> What did he enter in the house? >> Ranked out of DPR. You told Hlet, am I
01:52:58
correct, that you committed these murders of the Rafé, the Rafé family during the movie? Am I right?
01:53:04
>> Correct. >> That the VCR was taken to also uh contribute to the simulation of a
01:53:10
breaking and entering. >> That's right. >> You had the alibi of the movie. >> The prosecution had another bombshell
01:53:16
ready to drop on the defense. >> It wasn't the first time Sebastian used a movie as an alibi. You got into a a a
01:53:25
a car collision, didn't you? >> Yes. Uh you were driving your family car at the time.
01:53:31
>> That's correct. Yes. I >> mean, you hit a pole in a parking lot. >> Did you own up to it at the time?
01:53:36
>> No, I did not. >> When he was 16, Sebastian staged an elaborate cover up to conceal the fact
01:53:43
that he had wrecked the family car. >> Mr. Burns, the reality is uh what you said about doing was very similar to
01:53:51
what you told Hlet you did in this case. Isn't that correct? >> I told Hlett that we committed a murder,
01:53:56
which we didn't do. >> Well, Mr. Burns, let me stop you there for a moment. >> Roger David Heheiser drew a haunting
01:54:02
parallel between the accident scene and the murder scene. Back in high school, Sebastian went to great lengths to make
01:54:12
it seem like someone else did the damage while he was at the movie. But the insurance company caught him in
01:54:21
the cover up. And in March of 1992, albeit with this stupid little car crash, what you decided to do was to
01:54:31
pick up the pieces of evidence that were at the scene of this collision. Am I right?
01:54:35
>> Correct. You put those back in your car. Am I correct? >> Correct. >> You took them to an entirely different
01:54:41
location in North Vancouver. Am I right? >> Correct. >> And uh you staged a scene in a parking
01:54:48
lot. Am I right? >> Basically, >> you manipulated the evidence to appear as though it was something that it
01:54:55
wasn't. Am I right? >> Yes. And the reason you did that, sir, was so that you could say
01:55:03
that this accident occurred while you were at the movies. Am I right? >> Correct.
01:55:10
>> Sir, you weren't at the movies when that accident occurred, were you? >> No. The difference is that the first one
01:55:16
is a car accident and the second one is a homicide. >> That's correct, Mr. Burns. That is a
01:55:23
difference. And the difference is also that in the first case I was responsible for the car accident and in the second
01:55:28
case I had nothing to do with this homicide. >> David Heiser wasn't about to let that
01:55:33
statement go in front of the jury. He had more of that damning tape. Can't tell I like I I you know
01:55:43
I felt like you know I was capable and like you kill a person >> and on July 18th of 1995 after you uh
01:55:58
told him that you had in fact killed the Rafé family you told him that you did it
01:56:04
because you felt capable of killing Correct. Yes. >> Did you see it happen? >> Yeah.
01:56:12
>> All three? >> No, only one. >> Which one? My mom. >> The demeanor with which they deliver
01:56:21
this this message of what they accomplished that that night in Belleview is chilling.
01:56:28
>> Didn't even fight. Um. Uh. Yeah. Well, that's a story that hasn't really been
01:56:35
told because I know that >> you can hear a teeth giggling in the background and and kind of going, "Oh
01:56:43
god, oh god." I did >> basically uh the father who was uh nothing and curious episode was um the
01:56:55
sister who basically um >> yeah I was standing up and walking around or whatever.
01:57:03
[Music] >> Your behavior on that tape when there's some laughing. Did you think that the
01:57:10
murder of the Rafé family was some sort of a comedy? No, absolutely not. But we were lying and I was not thinking about
01:57:19
the murder of the Rafé family when I was talking. >> To a certain extent, I had essentially
01:57:26
put the real events out of my mind entirely so that I was really only thinking of the story that I was selling
01:57:35
to Mr. Hlett. That's not part of a story that two scared individuals come up with because
01:57:45
they think it's what two mafia characters want to hear. That's the truth. That's the truth coming from the mind of
01:57:55
a Tifer Fay and Sebastian Burns. [Music] It's a challenge to sum it all up in a couple of hours. Six months of testimony
01:58:15
comes down to one final argument. >> There is no gray area. There is nothing in between. Either you must believe what
01:58:21
Sebastian Burn says and every single thing he says or you must convict him. >> James Conat will speak for the state.
01:58:29
You like your odds >> very much. >> Are you ready? >> Absolutely. >> Jeff Robinson knows this is his last
01:58:37
chance in front of the jury and he will have to counter with everything he has. >> How many times does the evidence have to
01:58:46
tell us it's not Sebastian and it's not a teeth before we listen? Please listen.
01:58:55
He points to the bloody scene in Tariq's bedroom and evidence of three killers. >> Three people went into Dr. Rafé's room
01:59:06
and there are three unknown DNA profiles. >> Robinson reminds them that there is no
01:59:12
forensic evidence linking the boys to the crime. And the question that you're required to ask yourselves is what has
01:59:20
the state shown me to make me believe that he is guilty without having one reason to doubt it?
01:59:28
>> Mr. Conad, the floor is yours, honor. Thank you. >> There can be no doubt in your mind that
01:59:34
these two are the killers. >> The prosecution insists it is Sebastian's own words that leave no room
01:59:43
for doubt. How did you three people at once? >> Uh when I did that. >> And ultimately the words that came out
01:59:53
of Sebastian Burns's mouth led to his demise. His hubris led to his demise. [Music]
02:00:02
What would be most compelling to the 12 jurors? Would it be the neighbors who thought they heard the murders that
02:00:08
night when the boys were spotted at the movie theater? Or would they be haunted by Jimmy
02:00:15
Moshi's words damning his two former best friends? Would the jury believe that Sebastian was scared of those
02:00:23
undercover operators? Or is this the picture of a young man who thinks he's about to get away with murder?
02:00:32
For the last time, the jury is asked to envision the last moments in the Rafé family home. This is the horror that
02:00:41
they left behind. And ladies and gentlemen, this is what we must not lose sight of.
02:00:49
Finally, it is up to the jury to make its decision. Okay, ladies and gentlemen, you're retired to deliberate
02:00:55
your verdicts. In the script for The Great Despisers, two boys are wrongfully convicted and executed.
02:01:04
After 4 days of deliberations, 10 years after the murders, the final act in the real life plotline.
02:01:13
>> All rides for the jury. >> We the jury find the defendant Glenn Sebastian Burns guilty of the crime of
02:01:20
murder in the first degree as charged in count one. Verdict form 1 F. We the jury
02:01:25
find the defendant uh Tif Ahmed Rafé guilty of the crime of murder in the first degree as charged in count three.
02:01:34
I did not believe that they didn't have reasonable doubt. I just didn't believe it.
02:01:42
>> I'm afraid of him. I think he's very scary. And I looked at him a few times and he was glaring at me personally. And
02:01:47
anybody that committed a crime like that is a frightening person. >> I was looking at individual jurors just
02:01:53
to see if they I don't know. I guess I was looking for some kind of an answer. >> I wonder
02:02:01
how they sleep at night. I wonder how they came to that decision. >> One way or the other
02:02:11
>> with the verdict that was given, can you sleep well at night now? >> Yes. >> Yes.
02:02:18
>> No second thoughts. >> No. >> No way. >> Not with anyone. >> Not a doubt. >> N.
02:02:23
>> I personally myself to the very day of the end of the trial wanted them to be
02:02:28
innocent. And in the end, I was totally overcome by the evidence. obviously, but
02:02:32
I think all of us were wishing that some suspect would be guilty so that we could
02:02:37
not convict these two young men. [Music] >> On October 22nd, 2004, 5 months after
02:02:49
the verdict, >> good morning, Sebastian and Aif were back in court. >> Sebastian, anything to say before they
02:02:57
put you away? this time to hear their sentence from the judge. >> Send Mr. Burns a very clear message that
02:03:03
he has been found guilty. Send him to prison for the rest of his natural life times three. Three consecutive life
02:03:09
sentences. Mr. Burns. >> Thank you, your honor. >> Sebastian had his own message for the
02:03:17
court. >> With all your due respect to the jurors, the verdict is wrong. In the audience
02:03:24
were jurors who had convicted him and the undercover operators who had sealed his fate. I
02:03:31
>> certainly feel sorry for the victims. I feel sorry for their surviving son. >> This was his only expression of
02:03:37
sympathy. >> Before I continue, I would just encourage you to consider >> in a speech that went on
02:03:42
>> and that's >> for almost two hours. our jury was made to have. >> I want to insist today on the truth that
02:03:54
we are innocent. >> Aif never took the stand during the trial >> and I loved my parents. I rever memory
02:04:02
to this day. >> He used this moment to admit he was ashamed. Your honor, the impersonation
02:04:11
that I gave on those videotapes. >> Yes, >> there's no relation is alien to everything that I've ever felt or
02:04:20
thought. I truly admired my father. I was probably closer to my mother than to any other person that I ever will be.
02:04:31
and the memory of her wit and her charm and her keen human sympathy. [Music] They're dear to me to this day.
02:04:40
>> Mr. Ruffet, thank you. Unlike your colleague, I find you genuinely remorseful, Mr. Ruff. I think the
02:04:48
tragedy for you and ultimately your family was a meeting, a fateful meeting at a
02:04:57
probably a school cafeteria or a school ground. I don't know where it occurred with Mr. Burns.
02:05:03
>> Judge Martell saved his harshest words for Sebastian Burns. >> Mr. Burns, you're not immoral. You're
02:05:10
amoral. You are an arrogant, convicted killer. You are not a kid, as you so often refer
02:05:17
to yourself. You're an adult and you will be held responsible as an adult for your premeditated, naked, vicious
02:05:28
massacre of this family. It is therefore the conclusion of this court that you should be sentenced on
02:05:36
count one to life without possibility of parole, count two to life without possibility of parole, and on count
02:05:44
three to life without possibility of parole. those three sentences to run consecutively.
02:05:53
>> Back up here. >> It's taken them a decade, but prosecutors will send the Rafa's only
02:05:58
son and his best friend to prison for life. >> We've been saying all along they thought
02:06:05
they planned the perfect murder. >> Justice has been done for the three victims and our community has held the
02:06:13
two individuals responsible for this accountable for their conduct. There is a great deal of satisfaction in being
02:06:19
part of that. A great deal of satisfaction. [Music] [Music] The 911 call came in around 10:50 p.m.
02:07:20
911. >> It's a female hyperventilating. >> Okay, calm down. Where are you at? >> And then the phone goes dead.
02:07:33
>> She's pinging on Kenner at 2595. She's extremely out of breath. She sounds like
02:07:38
she's running. >> That we got first responders arriving to a unmaintained county road 2595.
02:07:48
They don't know what they're getting into as they're going down this dark road in the middle of the night.
02:07:52
>> 38. We're out with that female 25. >> They see a white female flagging them down.
02:08:01
>> What's going on? >> My husband, he went to go help me. My Jeep is stuck in the back around the
02:08:06
corner and he's been shot in the head. Please. Is he okay? I need to know if my husband
02:08:15
is okay. >> Yeah. >> Dispatch calls me on the cell phone. Said, "Hey, I think they need you out
02:08:20
there on scene. Want to check her out? Make sure she's okay." And then you >> Yeah. Yeah. Yeah.
02:08:29
You want a little bit of oxygen, help you out? >> She was just frantic. She had blood on
02:08:34
her shoulder area and uh it's all over her leg and her shirt. >> What's your name?
02:08:41
>> Chasey. >> Chasey. Chasey. What? >> Pointer. >> Tell us what what what happened.
02:08:46
>> I heard a shot and the Jeep started rolling and I didn't see anything and I saw I saw a shadow. That's all I saw.
02:08:55
>> Was it your husband? What's his name? >> Robert. Robert Pointer. >> Robert Pointer.
02:08:59
>> Yes. He's a firefighter. That's why it's blowing me. >> Just Just breathe for me.
02:09:06
>> That's why it's blowing me. [Music] >> I arrived here right around midnight. So, we're walking up with our
02:09:16
flashlights. At this point on, you can start making out a silhouette of somebody still in the jeep.
02:09:21
[Music] >> The jeep was covered in blood. There was no indication of a struggle.
02:09:30
He's he's around the corner. >> We had a witness Tracy Pointer and that there was somebody loose, you know, at
02:09:37
large that had killed her husband told me >> and I could see Robert and as soon as that that shot,
02:09:50
he slumped over into the passenger seat. [Music] I just I just wanted her to be okay.
02:09:59
>> Was he dead or alive? >> He was dead. >> This is a case about sex, >> lies, money,
02:10:10
and murder. [Music] Heat. Heat. [Music] When I'm awake, I see his face. And when I'm asleep, I see it.
02:11:12
[Music] It hurts >> and he's been shot in the head. Please, he's around the corner like
02:11:24
>> The harrowing night of September 9th, 2016 is forever etched in the memory of
02:11:30
Chasey Pointer. >> Calm yourself down. >> It's something I can't get out of my head.
02:11:36
>> And when I walked up to him, I yelled his name and I just felt something. when
02:11:40
she says her husband, Robert Pointer, a decorated fire department captain, was gunned down by a shadowy figure just
02:11:48
feet away from her on this rural road in Royce City, Texas. >> You can see if you look below us, tire
02:11:55
treads from tractors, uh, deep ruts. It's a true farm road. >> Detective Michael Burke photographed the
02:12:02
scene. >> The night of the murder, there were still water in the ruts. They were still
02:12:06
muddy. That was pretty rough. [Music] >> It's not even a traveled road. It's for
02:12:14
farmers to use to make access to their fields. >> That night, Sergeant Shane Meek wondered
02:12:19
how Chy and her husband ended up on this broken road and questioned a breathless
02:12:25
Chasey in the back of his squad car. >> Breathe for me, Miss Pointer. Calm down and breathe for me. Okay,
02:12:31
>> breathe fast like that. You're not helping yourself. Okay, >> slow breaths. Jaci says the couple
02:12:36
planned to meet at a fast food restaurant for tacos. >> I was going to meet him up at Jack in
02:12:43
the Box. I don't I don't ever take this road. >> All right. >> I >> What made you come down this one?
02:12:48
>> I I missed my last one. >> Oh, you did? >> Yeah. >> Okay. >> So, I I did I never never been down this
02:12:54
road before. >> She texted her husband. What do you say to him? >> Told him that GPS said that I was 3
02:13:00
miles out. Chasey says while texting she got stuck. [Applause] >> I called him after that. I told him that
02:13:10
my Jeep was stuck and that I needed him to come help me. >> As a fire captain, Robert was used to
02:13:17
coming to the rescue. He rushed to her side. >> I stayed on the phone with him. He drove
02:13:22
out there. [Music] >> Why did he park there? He told Chasey that the ruts were too deep and he
02:13:31
wasn't going to be able to get his truck down here. >> I met him almost all the way down to his
02:13:36
truck and we walked back together and he went to go get my Jeep, got in the driver's side.
02:13:43
>> As Chasey waited on the side of the road for Robert to back up, she heard a gunshot.
02:13:51
>> I don't think I reacted to the sound. It was Robert. I jumped in the Jeep. It was rolling
02:14:00
very slowly. I was holding his head in my left hand and I put the Jeep in park with my right hand and I just I was
02:14:08
calling his name. I could see his eyes. I could just feel the blood. This was a clean assassination.
02:14:20
Robert unfortunately didn't have a clue what what happened to him. The victim was sitting in the driver's
02:14:27
seat. He's got an entry wound approximately right here in the temple >> on the right side of his.
02:14:32
>> Yes, sir. >> And the wading from a shotgun shell was still in his skull. >> And could you tell if that blast was was
02:14:40
shot from forward of the vehicle or from behind? >> It was hard to tell. Chasey says as she
02:14:46
ran for help, she saw that shadowy figure. >> There was a man. I There's a tall person. That's all I know. He was taller
02:14:55
than me. >> And what was he wearing? >> Dark clothes is all I know. Look. >> Did you see any type of firearm, rifle,
02:15:00
or anything like that in his hand? >> No. >> While sympathetic, Sergeant Meek was
02:15:06
puzzled. >> That some guy just happened to be standing in the shadows of the trees to
02:15:10
step out and shoot this guy point blank in the in the head with a gun. Just didn't make sense.
02:15:15
>> All right. Well, give me a second. My partners need to speak to me. I'll be right back with you. Okay.
02:15:23
I was terrified. I just watched my husband get shot and the man that did it was still out
02:15:32
there. >> But whoever that suspect was, why would he want Robert Pointer dead? Robert was
02:15:41
a devoted public servant, a career firefighter. >> Honestly, it's one of those things you
02:15:48
don't even believe in at first. At the University Park Firehouse near Dallas, where Robert spent 19 years as a
02:15:55
firefighter and later a captain, the pain of his loss is still raw. For his buddies, Jason,
02:16:06
Paul, Earl, >> and Mark. >> But every day you still feel this absence. >> Yeah, absolutely.
02:16:14
>> You still miss the man? >> No. How could you not? I think of Bob every day I come up here. It burns me up
02:16:20
inside. But every time I pass his locker, I get choked up inside. It makes me want to
02:16:27
cry. I'm about to cry now. A firefighter with the touch of a gentle giant. My last fire was Bob. This uh little
02:16:38
girl, she was crying. Bob took the time, comfort her, and tell her we were all okay and everything was fine.
02:16:46
And that's the way Bob always was. Not just that little girl, his girls. His girls were number one on his list.
02:16:52
Always. Always. >> No matter how much help you needed, he was always there. >> Robert Pointer had three daughters, a 6
02:17:01
and 1/2year-old with Chasey, and from his first marriage, Natalie and Nicole. >> The things you miss the most are the
02:17:08
simple things like being able to call him, being able to see him and hug him, you know?
02:17:15
Back in 2008, his 20-year marriage to their mother, Amy Pointer, his high school sweetheart, began to unravel.
02:17:24
Signs started showing up that something was a miss. He was shorter with conversations. He wasn't home as much.
02:17:32
There were excuses when he was gone. >> Then Nicole discovered her dad had a second cell phone.
02:17:39
>> That was the initial realization that there was somebody else. And eventually
02:17:43
this other woman, you learn her name. >> It was Chasey Tyler Mormon. >> Chasey was a 20-year-old working as a
02:17:52
nurse aid. She was introduced to Robert through a mutual friend. >> From the first moment that I ever met
02:17:58
him in person. We were never apart after that. >> What was his marital status? >> As far as I knew, he was separated.
02:18:05
>> From what I understand, she continued to go up to the station to kind of let him
02:18:09
know that she was interested and did that quite often. She pursued Bob. She pursued Bob.
02:18:17
>> We'd been married 20 years and here's a young girl that's giving him attention.
02:18:22
And I just think that she continued to try and, you know, fill any need and be there.
02:18:27
>> We started seeing each other in December of 2007 and I was pregnant by May of
02:18:34
2009. Robert and Chasey were married on December 28th, 2009. She was 22. He was 40.
02:18:46
>> I knew I wanted to marry him. >> What is it about Robert that you fell in love with?
02:18:51
>> He's goofy. He would just make me laugh. >> But almost 7 years later, Chasey says
02:18:57
the couple's love faded. >> The corner and he's been shot in the head, please. And that night in the
02:19:04
squad car, Chasey decided to share her frustrations. >> I was young and stupid when we got
02:19:10
married. I didn't want to be married anymore. [Music] We've been We've been having problems. I
02:19:29
was coming to meet him at the Jackson Box so we could talk. >> What do y'all fight over?
02:19:34
>> My daughter? He's trying to take my daughter away from me. >> Just over an hour after Chasey Pointer
02:19:40
held her husband's bloodied head in her hands. She kept giving Sergeant Meek details not of the shooting,
02:19:48
>> but of the state of her marriage. >> Why would he try to take your daughter away? Like what reason did he give you?
02:19:53
>> He knows that that's what's going to hurt me the most. >> Yeah. Her story kept adding all these
02:19:58
different twists and turns and pieces of information that just weren't fitting into place of the puzzle.
02:20:04
>> You're talking about marital problems at a time when your husband's body is still
02:20:09
in a jeep. Why did you go there? >> I don't know. >> Chasey says 3 years into their marriage,
02:20:18
the couple grew apart. >> Nothing really set it off. We slept in separate bedrooms. I never felt he loved
02:20:26
me like he could have. He loved his ex-wife a lot and I felt like she still had a lot of him.
02:20:33
>> According to Chasey, Robert had a temper. He was taking testosterone and steroids to treat low testosterone
02:20:41
levels. And Chasey claims that made him violent. >> There would just be times, you know, he
02:20:47
would grab me by my hair. Um, I could get thrown up against the wall. This was verbal abuse and physical abuse. Is that
02:20:55
right? >> Verbal, mental, physical. >> Robert's ex-wife Amy doesn't buy it. >> That is all made up. He did get on
02:21:04
treatments. He had normal testosterone. For her to say that he had roid rage and
02:21:09
all that, that that just wasn't him. >> So, she's lying to me is what you're saying.
02:21:13
>> Yes, I am. When Natalie was 16, she lived with her dad and Chasey for 6 months and never saw him become violent.
02:21:22
>> So, it was useless to try to come to me and act like dad was some kind of beast.
02:21:29
>> Did you ever see him slam Chasey against a wall? >> Absolutely not. >> Natalie and Nicole have told us that it
02:21:38
never happened. Are they telling the truth? >> No, sir. They've never really cared for
02:21:43
me from the beginning. I was the younger girl that came in and took their father.
02:21:49
>> Chasey believes she had a good reason for not reporting the alleged abuse to authorities.
02:21:55
>> You know, I don't walk out and announce he's beating on me. I'm not going to do
02:21:59
that because it would jeopardize his job. >> Despite their problems, Chasey says she
02:22:05
tried to keep the spark alive in the marriage. >> I don't mean to embarrass you with this,
02:22:09
but what is this from? This was done for Robert. I had a friend of mine who was a
02:22:16
photographer and she did a budoir shoot for me. He wasn't attracted to me after I lost all the weight. He he liked me
02:22:22
when I was heavier. >> Over a 2-year span, Chasey transformed her body. >> The first picture is December probably
02:22:32
about 2013. Uh the second picture was December 2015. I lost a total of 104 lbs. I got up
02:22:42
every morning, ran strict diet, worked out. I pushed myself pretty hard. >> Chasey admits she began seeing other
02:22:50
men. A lot of men. >> When I dropped the weight, I didn't hide in his shadow anymore.
02:22:54
>> You had confidence. >> Correct. I started meeting people. You know, I was going out more. I was doing
02:23:00
things for myself. >> Natalie accidentally found evidence on Chase's computer that her stepmother was
02:23:08
cheating. She had left it open on her Facebook and she was talking to men on there that weren't dad.
02:23:14
>> What kind of conversations? >> Very sexual and gross. >> Natalie says while her father pulled
02:23:22
overnight shifts at the firehouse, Chasey often snuck out for hours at a time, leaving Natalie and her then
02:23:30
four-year-old sister alone. >> She was never wearing gym clothes, but she always said she was going to the
02:23:36
gym. And often my little sister would wake up and she would cry and cry because she couldn't find her mom.
02:23:42
>> Natalie eventually found the courage to tell her dad about Chase's cheating ways.
02:23:49
>> I will stand up for what I know and what I believe in. And that to me wasn't right.
02:23:53
>> You said what? >> I said, "I think Chase is cheating on you." >> Deeply troubled, Robert filed paperwork
02:24:00
for divorce, but ended up not following through. >> He was trying to save the marriage. He
02:24:05
had already been divorced once. He didn't want to lose his his third daughter and not be able to be with her
02:24:11
all the time. >> Robert installed a security camera next to the front door to try and catch
02:24:17
Chasey cheating with one of her lovers. Then just 12 days before Robert's murder, the doorbell rang.
02:24:26
>> Soon as that doorbell rang, I was out that door telling him he had to go. >> And off he runs. And Robert knew.
02:24:32
>> Correct. I love him. He's a pain in the ass, but I love him. >> On the night of Robert's murder,
02:24:40
Sergeant Meek had a hunch that Chasey Pointer knew more than she was saying. >> Something just didn't sit right.
02:24:47
>> JC, do you mind if I take some pictures of you real quick? >> Although she wasn't under arrest,
02:24:53
>> she was read her rights. >> All right, look up at me. >> All right, listen to me. You have the
02:24:57
right to remain silent. Anything you say can and will be used against you in a court of law.
02:25:01
>> Just rings. But Chasey kept on talking. >> Better of friends. >> Yeah. >> Revealing what she was up to before that
02:25:08
fateful rendevous with her husband. >> Whose house was that? >> Michael Garza. >> Hanging out with someone named Michael
02:25:16
Garza. >> Are you and Michael Garza dating or anything like that? Do you'all have a
02:25:20
relationship? >> Yes. >> Well, then that red flag goes off. Did y'all have a date? Was it date night?
02:25:26
>> No, we we just hung out. We we had sex, obviously. [Music] Do you got anything?
02:25:42
>> Okay. What were you saying? I'm sorry. >> He's contacted an attorney to get a
02:25:46
divorce and I was I was okay with that. We've been married 6 years, almost 7 years. Investigators
02:25:56
say the more Chasey Pointer talked, >> the more she seemed like a suspect than a grieving wife.
02:26:03
>> We we don't we don't meet up. >> The hyperventilating's now stopped and she's gone into this stutter talking.
02:26:10
>> Um I I don't know. >> Which leads me to believe that she does these pauses. >> I told him
02:26:18
>> to gather additional thoughts. >> So are you thinking is this a performance? >> Yes, sir. It it started seeming more and
02:26:25
more that way. >> And a performance with a recurring character, Michael Garza. >> I was with at Michael's house. At
02:26:32
Michael's house. >> Then what? Tell me his name again. I'm sorry. >> Michael Garza.
02:26:35
>> Michael Garza. >> Yes. >> Y'all have a relationship. >> Yes. >> Yes. >> Yes. >> Michael Garza. Who is he?
02:26:42
>> He was a place that I would go to to vent and and I loved him for that. Chasey began having an affair with
02:26:48
Michael Garza after meeting him on Facebook in the summer of 2016. This selfie captured one intimate
02:26:57
moment. >> It was something I felt guilty about. >> Robert shared his frustrations about
02:27:02
Chasey with his buddies at the firehouse. >> And I told him, "Hey, you just got to
02:27:07
cut your losses. Divorce sucks, but you're miserable." And he said, "Yeah, you're right. You're right. But I'm
02:27:14
invested. Those are his exact words. I'm invested in this. >> Robert was hopeful the marriage could be
02:27:20
saved. He took Chasey and their daughter to Mexico on vacation, but it backfired.
02:27:27
>> We fought. He thought I was on the phone with somebody else. It upset him. >> It was the Wednesday that Bob had come
02:27:36
home from Mexico. He said the trip wasn't good. He said, "I just can't do this anymore."
02:27:42
>> And when did he die? Oh god. >> Not long after Chasey told Sergeant Meek about the affair with Michael Garza,
02:27:50
>> I'll be transporting the female to Roy City Police Department. >> She was driven downtown to be questioned
02:27:57
by Detective Michael Burke. >> Let me get this door. >> Just have to sit right there.
02:28:06
>> The interrogation started at 2:20 in the morning. >> Did I love Robert? Yes. He was an me. I
02:28:14
love >> and lasted 8 hours. >> I loved him. I I really did love him. We've had a lot of issues in our
02:28:22
marriage. >> Among those issues, her affair with Garza. >> Michael and I ended up having sex while
02:28:29
I was there. >> And she gave more detail about Robert's murder. >> Right to the front of my there was
02:28:36
someone standing there, probably 6 foot maybe. I could see dark clothes. That's it. I don't know if they were white,
02:28:44
black, I don't know anything. >> Somebody from what you're saying shoot your husband cold blooded murder and
02:28:54
just let you run away. >> There was someone standing there. >> When somebody comes out to murder a
02:29:00
random stranger, you know, a big red flag is that they don't let a witness go. >> And that suggested what to you?
02:29:06
Suggested she might have known the killer. >> Look, the way your husband was killed,
02:29:10
somebody was right next to him. Detective Burke pressed her. >> I think you're full of crap. I want to
02:29:15
tell you I don't know who pulled the trigger. >> See, I think you do. And that's the
02:29:19
problem. >> No, I don't. >> 2 hours into the interrogation, Detective Burke broke through.
02:29:25
>> Who killed your husband? You shot Robert. >> Can you say that letter for me, please?
02:29:35
>> Mikey as in Michael Garson. >> Where was Mikey? into the passenger side. >> Now cornered, Chasey changed her entire
02:29:46
story. She says she told Garza about Robert's alleged anger issues. >> I didn't know what I'm
02:29:53
[Music] to know what it's like to be bullied all the time. >> Chasey told 48 Hours Garza rode with her
02:30:04
that night. The plan was to confront Robert outside the Jack in the Box and demand he leave Chiy alone.
02:30:13
>> Did you see him put a shotgun in your vehicle? >> No, sir. >> You never saw a shotgun?
02:30:20
>> No, sir. >> How can that be true? >> I was on my phone. Garza tells me make a right onto County
02:30:27
Road 2595. and asked him what was going on. He said he's going to meet us here. >> Chasey now claims it was Garza setting a
02:30:39
trap. >> He told me to take my Jeep back up around the first corner and let Robert
02:30:44
know that my Jeep was stuck and I needed him to come help me. >> You had to tell Robert something to get
02:30:51
him to come to the location, right? >> Yes, sir. >> But >> my Jeep wasn't stuck.
02:30:57
When Robert arrived, she noticed something kind of touching. >> He wore the cologne that he wore on our
02:31:05
wedding day, and he hadn't worn it since. And I made a joke about it. And uh and he laughed.
02:31:13
>> Robert could never have imagined that he was just moments away from death. >> As I was walking to the jeep, I said,
02:31:20
"Stop." >> Who are you yelling stop to? >> To Garza. But why would you have shouted
02:31:25
that way if this was just going to be a conversation between two men? Isn't that
02:31:29
indicative that you shouted stop because that meant don't shoot him? >> No, I didn't. At that point, I didn't
02:31:37
want him to even talk to Robert at that moment. I'm sorry. At that time, there was a gunshot.
02:31:53
Did Garza say anything to you? >> Nothing. >> 911? >> Not until after I called 911.
02:32:01
>> Okay. >> Did he run up to me and he took my phone from me when he threw it down on the
02:32:06
ground? >> Prosecutor Jeff Kovatch doesn't buy any of it. >> The question is, which one of those
02:32:15
stories does she want us to believe? hurt him, scare him, or just have a talking to. None of them are credible.
02:32:24
>> Investigators believe that you were luring your husband to this remote area so he could be murdered.
02:32:31
>> There was no plan to to bring him out and and murder him. There was no talk of
02:32:37
that. [Music] On September 10th, the morning after her husband's murder, Chasey Pointer was arrested for
02:32:51
conspiracy to commit murder. The couple's daughter would stay with Chase's mother.
02:32:57
>> Did you conspire to have your husband murdered? >> No, sir. >> You're telling me that you are speaking
02:33:03
the truth? >> Yes, sir. >> Investigators then set out to find the man who allegedly shot Robert Pointer.
02:33:11
But Michael Garza, the truck driver, had hit the road. [Music] [Music] The funeral was absolutely beautiful.
02:33:36
It was very ceremonial. On September 15th, 2016, just 5 days after his wife was charged in his death,
02:33:46
Captain Robert Pointer was laid to rest. >> We had guards guarding his urn, his ashes the entire time.
02:33:55
>> Firefighters from all over Texas honored him. did the fireman's prayer. >> When duty calls me, oh Lord,
02:34:05
wherever flames may rage, give me the strength to save some life, whatever be its age.
02:34:14
>> I remember trying to hold it all together. And then when I lost it, it's when we walked out.
02:34:21
other fire stations and police came in and they lined from the church all the way to the fire station. I remember the
02:34:31
bag pipes painful. One of the hardest things is they give the last call for Robert Pointer. You
02:34:39
still think that person's still there somewhere that this couldn't have happened. That's the thing with Bob. He
02:34:46
always had this underlying feeling that even if he had to walk through fire, somehow that man would make it through.
02:34:54
>> Amy says in the last days of his life, Robert was finally ready to walk away from Chasey. He
02:35:01
>> was kind of beaten down. He was tired where he was just ready, you know, to get a divorce. I think she knew he was
02:35:06
ready to move on. Investigators say just the day before he was gunned down, Robert had reached out
02:35:14
to a divorce attorney on Facebook, sending this provocative message. I'm thinking of a surprise attack.
02:35:23
>> And he said something to her about a surprise attack on me. He had contacted a realtor, said he was going to put the
02:35:29
house up for sale. He was going to have custody of our daughter. >> The next day, he is killed. You think
02:35:34
that's just a coincidence? That's not a coincidence. That's why the murder happened. When the murder happened. What
02:35:40
was the attraction for Chasey with your dad? Was it love or money? >> Money. >> Natalie says Chasey had convinced her
02:35:47
father to change his almost $685,000 life insurance policy. Instead of the girls getting the money, Chasey was made
02:35:57
the primary beneficiary. >> We believe that was the motive. She saw him as an ATM machine and she was going
02:36:04
to milk the last little bit of money she could get out of him. >> Prosecutor Calvin Grogan says
02:36:11
investigators discovered a mountain of digital evidence. >> There were plenty of text messages after
02:36:20
the life insurance beneficiary designation change occurred in April indicating that Chasey Pointer was
02:36:27
looking for somebody that would take care of Robert. And many of those texts, more than 10,000, were between Chasey
02:36:35
and her lovers. >> She's having affairs with multiple men. Danny Mims, Brad Golden, Shawn Butcher,
02:36:42
Michael Garza. >> Prosecutors believe Chi began grooming Garza for murder, convincing him that
02:36:49
Robert was an imminent threat. >> She used sex to manipulate men. She's not going to come right out and ask him,
02:36:56
"Hey, will you kill my husband for me?" Tracy Pointers plays the victim and then
02:37:00
she uses that to manipulate people. And so she told all of these men that she's this abused battered woman. She texted
02:37:08
Garza from that Mexican vacation where the couple was to reconcile. Quote, "He's coming after me sooner or later."
02:37:17
>> Garza answers, "F him. No, I will shot that dude." Was Michael Garza talking about murdering your husband? I didn't
02:37:27
think he was serious. I didn't want him involved. I told him that. >> I'm telling you, man. This girl was good
02:37:33
at what she did. >> This is Brad Golden. >> She would be at my house every day. Every day around 4 to 5:00.
02:37:42
>> He's the lover caught on the security camera video. He says Chasey manipulated
02:37:48
him. >> I never even suspected suspected boy never that she had been married. She had told me she'd been
02:37:56
divorced since 2014. >> Brad says Chasey told him horror stories about Robert. >> She always told me that Robert was
02:38:04
abusive to her. >> Mhm. >> I don't know if she was trying to get me to feel sorry for her and I just wasn't
02:38:09
falling for it or whatever cuz I kept trying to get her to me to push this, you know.
02:38:14
>> Were you ever able to cooperate any of her story of abuse? >> We spoke to neighbors, we spoke to
02:38:20
friends. I mean, there was no evidence to support it at all. Chasey had made allegations about Robert's anger issues
02:38:27
to ex-lovers, Shawn Butcher and Danny Mims, who she often texted. >> 8 days prior to the murder. I wish he'd
02:38:36
run out of air in a fire. Moving back to July 11th. I need him gone. Gone. Gio, all capitalized.
02:38:44
>> Danny Mims replies, I'm not a magician. Chasey answers, well, I need one. >> Did you want him dead?
02:38:52
>> No. I was upset. >> Sean Butcher says to Chasey, "What do you need to leave?" Chasey Pointer says,
02:39:00
"I would be better off with him gone. Benefits and can't lose custody." >> Investigators have said you were going
02:39:07
from person to person to try to find someone who would kill your husband. >> I wasn't.
02:39:14
>> The day before the murder. It's from Chasey Dears. I've made up my mind. What
02:39:18
do you think she's made up her mind about? I think it's pretty clear it's about killing Robert Pointer.
02:39:24
[Music] >> With Michael Garza on the run, a SWAT team raided his house. Coming up empty.
02:39:38
But the next day, Garza turned himself in and he was charged with Robert Pointer's murder.
02:39:45
>> He did not want to speak to us. Only wanted to speak to his attorney. And that's as far as we got.
02:39:50
With their two suspects now behind bars, investigators hope to find direct evidence linking Garza to the murder.
02:40:01
5 weeks later, that evidence would come from a farmer. What's your emergency? >> I believe I found the shotgun.
02:40:10
>> Who unearthed the murder weapon while plowing this field less than a/4 mile from where Robert was
02:40:20
shot, >> that shotgun was still loaded. The shell hadn't been ejected. Okay. And there's
02:40:26
two more uh in the magazine, and they're all man killing slugs, consistent with what the medical examiner said was used
02:40:33
to kill Robert Pointer. We did a um a search on the firearm >> Mossberg 835 Ultim.
02:40:41
>> It came back to Matthew Garza, Michael Garza's brother. >> Police now had what they needed. Michael
02:40:48
Garza would be the first to face trial. >> Michael Garza just happened to be the
02:40:55
person that was in Chase's life at the right time. All it really took for Chase is to basically just dangle the bait.
02:41:05
[Music] And then when I looked up, there was nobody there. >> Okay. >> He probably think I'm crazy.
02:41:16
>> From her bizarre performance the night her husband was murdered to her confession about her lover, Michael
02:41:22
Garza, >> Michael was going to shoot Robert, >> he was going to do it. Investigators
02:41:28
were convinced Chasey Pointer was determined to have her husband killed that night.
02:41:34
>> He's around the corner like >> Investigators believe you knew about the mission, planned the mission to murder
02:41:41
your husband for money. >> That's what they say. >> Look at me. They're right, aren't they?
02:41:47
>> No, sir. On July 10th, 2018, the prosecution put the alleged trigger man, Michael Garza,
02:41:57
on trial. He had pleaded not guilty. When Garza took the stand, he made a shattering announcement,
02:42:05
implicating Chiy. >> He says that he gave her his brother's shotgun cuz he thought that she was
02:42:10
abused. He implied that she did it. Garza told the court he couldn't have murdered Robert Pointer because he was
02:42:17
tending to a sick animal on the family farm. >> His alibi is that he was tended to Oreo
02:42:23
the cow while this whole murder was going on. >> The jury didn't find Garza's alibi
02:42:29
credible. >> I actually do believe that his testimony helped us. >> On July 20th, Michael Garza was found
02:42:38
guilty and sentenced to 99 years in prison. [Music] It was a huge step forward, but it also felt like the real battle
02:42:54
had just begun. >> The Pointer family now focused on Chasing. >> In my mind, she's always pulled the
02:43:00
trigger because she was the instigator of all of it. >> What were you thinking going into trial?
02:43:08
>> I was very hopeful. Prosecutors were hopeful, too, that they would prove Chasey wanted Robert's money and that
02:43:15
she was the mastermind. There's no way Michael Garcia was ever going to get Robert Pointer out on that road alone.
02:43:23
Only Chasey could do that, and she played her part well. >> Using Chi's texts, prosecutors
02:43:30
demonstrated that her alleged love for Michael Garza was really a sinister ploy.
02:43:37
He is a pawn. He's the dummy that she got to do this. >> In fact, Garza didn't know that after he
02:43:44
shot Robert, Chasey planned on spending the night with another lover. >> She was texted Brad Golden while she's
02:43:51
out there committing this murder. She had sex with Brad Golden that morning. They still plan to meet up that night.
02:43:57
>> What the heck is going on? >> I don't know. My life was out of control. Chi's defense attorneys, Scott Cornod
02:44:08
and Frank Hughes, say the state's obsession with Chi's affairs tainted the jury. Chasey having affairs has nothing
02:44:17
to do with murder. It just demonizes her. Chasey Pointer is not guilty of murder. She's guilty of being negligent
02:44:25
because she should have anticipated that this thug Garza would commit a murder to
02:44:31
get to her. Calling 911 is probably the strongest point that we have in her defense. No one who planned to kill
02:44:40
someone would shoot him and call 911. >> He wants to go help me. My jeep. >> But the prosecutors argued at the sight
02:44:48
of her dead husband. Chasey had a moment of sheer. >> He's around the corner. >> Come here.
02:44:54
>> It's one thing to talk about killing somebody. It's another thing to go through with it.
02:45:00
While Chasey chose not to take the stand, jurors did hear her speak. >> He knew that I was seeing someone
02:45:07
>> through those recorded police videos. >> I didn't want to be married anymore.
02:45:12
>> One that captured this revealing moment. >> At the end of her twoe trial, the jury
02:45:25
began its deliberations. We waited for a while. Hour, 2 hour, 3 hours went by. >> After the fourth hour,
02:45:35
>> hey. Okay, they have a verdict. Okay, >> Chasey Pointer was found guilty of murder.
02:45:45
>> I cried and relieved. >> They got it that they saw who she really was. She met him and she walked him to his
02:45:58
death. >> Smiling and giggling talking about tacos and cologne. She's evil. >> Chasey told me that you always had
02:46:08
Robert's heart. >> I think that's true. She took away all choice of anybody of having any
02:46:15
relationship or any, you know, future with him. >> This is his bunker gear. Having it is
02:46:24
almost like having part of his presence which is comforting in a way and uh painful in another.
02:46:32
>> How do you want your father to be remembered? >> As as he was as he really was.
02:46:40
He was gentle and he was smart and he was kind. He was rare and we were lucky to have
02:46:46
him. >> This is injustice. True redemption and remorse comes from telling the truth. Isn't it time you did
02:46:58
that? >> He wasn't supposed to die. >> Jurors sentenced Chasey Pointer to life in prison
02:47:08
with the possibility of parole in 30 years. Are your tears now tears of what you did
02:47:19
to your own life or tears of what you did to him? It's both. [Music]