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Left for Dead

September 29, 2020 /

This episode of Dateline covers the harrowing case of Amber Smith, who was brutally attacked in Fort Collins, Colorado, in 2013. The episode features key discussions about the investigation led by Detective Siobhan Seymour, the discovery of DNA evidence, and the eventual arrest of Sam Moon, a friend of Amber's.

Amber was found naked and bound with duct tape, having suffered severe injuries. Officer Dane Stratton was the first responder to the scene, and his emotional account highlights the horror of the situation. Detective Seymour worked tirelessly to identify the attacker, initially focusing on Amber's friend Eric Vanagunis, but DNA results did not match.

As the investigation progressed, Amber's mental and emotional struggles were evident. She faced the trauma of her attack while grappling with the identity of her assailant. The case took a turn when DNA from a bike thief matched the evidence collected from Amber, leading to the arrest of Sam Moon.

The episode details the trial, where Amber confronted her attacker and the complex emotions involved. Despite the overwhelming evidence, the jury's initial verdict of not guilty for attempted murder shocked everyone, but they later convicted Moon on other charges, resulting in a lengthy prison sentence.

Amber's journey from victim to survivor is a central theme, showcasing her resilience and determination to reclaim her life after the attack.

TLDR

Amber Smith's brutal attack leads to a complex investigation, revealing shocking truths about trust and survival.

Episode

1:22:37
00:00:00
Tonight on Dateline. 911 calls started coming in. They said they heard screams coming from the park.
00:00:08
She was found naked and bound with red duct tape. When you see the photos, you can feel the terror.
00:00:15
He left her for dead. We were pretty shocked as a DNA laboratory that there were no other offenders that this case had matched to.
00:00:25
How is this guy not in the system? Then one day you got a call. She said there's been an update in your duct tape case.
00:00:35
It was like finally. I'd been thinking about who this guy was for so long. I don't think anything could have prepared me for that answer.
00:00:42
How do you wrap your mind around the fact that somebody you trusted did this? I can just picture him smirking.
00:00:49
Kind of a second victimization. Yeah, a huge just mind screw. What kind of person does that sort of thing?
00:00:57
Exceptionally sick. Evil. I'm Lester Holt and this is Dateline. Here's Keith Morrison with Left 4 Dead.
00:01:21
The evening air was warm and thick with anticipation. College students, returning anew, mixed and drank and laughed with young locals.
00:01:32
Then darkness fell on Fort Collins, Colorado. One more night to take a lusty bite of fleeting summer.
00:01:41
That last Friday in August 2013. Unseen by the party crowd, a rookie cop named Dane Stratton prowled the streets around the little city.
00:01:54
graveyard shift. You've been on the job barely two months. It's all new. I have no idea
00:02:02
what's going to happen. Midnight passed. The usual rowdies, busy but nothing special. And then
00:02:10
somebody called 911. About four o'clock in the morning we get a call of a female's voice
00:02:16
in a park screaming. Then more and more neighbors calling 911 about that screaming woman.
00:02:23
Out on the edge of town, Cottonwood Glen Park. Then they started reporting. They could hear her screaming, help, help.
00:02:32
So that flipped a gear in my head that something was seriously wrong over there.
00:02:39
And I was driving about as fast as I could. My heart's in my throat. I have no idea what I'm getting myself into
00:02:47
or what's going to be at the end of this drive. Big park. He drove in, guided now by the wailing sounds of the woman stranded somewhere in the dark.
00:02:59
I couldn't make out what she was saying at that point because my heart's pounding.
00:03:02
I just can hear still to this day her screams of just agony, pain. Even with his powerful spotlight, he could still see nothing.
00:03:16
Where was she? And as I swung my car around, the headlights caught her. On the service road, instantly my heart just jumped into my throat.
00:03:28
She's naked. She's bound. There's just red all over her face. She was seated on the ground.
00:03:35
Her hands were behind her back, and she's just screaming, terrified. She was wearing only a sock on one foot.
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As the young cop approached, he saw it wasn't just blood on her body. The red that I was seeing was a red duct tape.
00:03:52
Her hands just bound in duct tape. Her hair matted across her face, bound in duct tape.
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Her eyes covered. She was bruised and beaten and bloody, and it was incredible to see.
00:04:06
Red duct tape. Binding a woman alive enough to scream, but only just. It's a horror story on the best day.
00:04:14
It was beyond anything that I would imagine. She'd been strangled and left here for dead.
00:04:19
As he bent down to help, a fellow officer snapped these pictures. And then sitting there in the cold concrete, naked, afraid, in terrible pain,
00:04:30
the young woman looked up and told him her name. She said she was Amber. Amber Smith.
00:04:37
We were able to cut apart her bindings on her hands, and they were mittens almost.
00:04:42
And this tape on her forehead and face was just cutting into her skin. They bagged the red duct tape for evidence, rushed Amber to the ER.
00:04:53
And in the ambulance, as she struggled to calm down, Dane Stratton asked, what happened?
00:04:59
When you woke up, were you... Did you sit yourself up? It's okay. Amber, it's okay.
00:05:11
I'm worried that she has some major internal brain bleed or trauma that she might not recover from.
00:05:18
So we are just frantic trying to get any and all information that we can from her.
00:05:23
Because is she going to be able to survive this? The doctors assessed her head injury,
00:05:30
patched up the rest of her as best they could, and a new cop arrived. What was truly astonishing to me was seeing this woman who had been so badly beaten.
00:05:41
Her face was so swollen. And when I saw her driver's license picture, it was nothing like the person that was laying in that bed.
00:05:52
Detective Siobhan Seymour found Amber in the emergency room What was her condition when you got there She had suffered from a broken jaw a brain bleed one of her eyes was almost swollen shut She had these ligature marks on her neck where you could
00:06:06
tell she had been strangled. Strangled like somebody was trying to kill her? Yes, absolutely.
00:06:11
She had a hard time speaking because her jaw hurt so badly. Detective Seymour pushed ahead,
00:06:17
had to. But medicated, exhausted, traumatized, Amber struggled to remember. Tell me everything that you saw.
00:06:26
I don't know. I lost consciousness because I'm the next thing I know I look up with my
00:06:33
eyes so I'm naked. What kind of shape was she in emotionally? She was afraid because she didn't know who did this and confused. She had thoughts of
00:06:43
who might have done it, but she wasn't sure. She'd been with a guy they'd been drinking,
00:06:49
but they were in a different park, not the one where she was found, and the guy was a friend of hers.
00:06:57
She got out his name, Eric Vanagoonis. You were drinking glycogen. What's the next thing that you remember?
00:07:07
The next thing I was drinking up was some man. But who did this? Detective Seymour wondered, was it Amber's buddy Eric or someone else altogether?
00:07:23
The red duct tape, severe beating, strangulation, like some practiced predator was living out an awful fantasy.
00:07:33
I was feeling this intense need to figure out who had done this. And fear for who this person that is out there and is capable of these things.
00:07:43
We need to figure out who this guy is. What was your level of worry about what could happen to this community if you did not find somebody quickly?
00:07:51
I was terrified that he was going to strike again. When we come back, the investigation begins.
00:07:59
Starting with a body of evidence. She was processed forensically for DNA. Her hands were processed, her face, her neck.
00:08:08
Another clue, the brutality of the assault. Why would you attack somebody to such a degree if you didn't have a grudge against them?
00:08:16
This didn't seem like a stranger thing to me. So why would he be so hard to find?
00:08:21
He was like a ghost, like the boogeyman. Medical staff at the hospital worried about a brain bleed
00:08:42
as they treated Amber Smith and patched up her beaten body and completed one more test.
00:08:48
And yes, no surprise, Amber, just 20 years old, had also been raped. Detective Siobhan Seymour added that dismal result to her pile of bad news.
00:09:03
Had you ever encountered a thing like that before? No, I haven't. It was just awful.
00:09:08
Yeah, and I've seen my share of pretty horrible things. This was a very scary case.
00:09:16
Siobhan Seymour had been steeped in crime-fighting most all her life. Father an FBI agent, grandfather once with the CIA.
00:09:22
But she was a mother now, two young boys. So this one hit her hard, especially when she found out Amber had a son, too.
00:09:32
She needed to get moving fast. A few hours after the attack, Detective Seymour and her partners tracked down Amber's sister-in-law.
00:09:40
And it turned out, best friend, Kirstie Aguilar. I woke up the next day to a voicemail from the detective explaining what had happened to Amber.
00:09:51
I was scared. I went into complete panic mode right away. Frantic, Kirstie rushed to the hospital.
00:10:02
But the name on the room she was sent to wasn't Amber Smith. Because they didn't know who did it to her, so for her safety, they put her under an alias name.
00:10:15
And in that room? It was very shocking and scary to see. I walked in there and her face was unrecognizable.
00:10:23
That was my sister, my best friend. They'd met when Amber was dating Kirstie's brother-in-law.
00:10:31
She ended up getting pregnant with Gabriel, and our relationship kind of grew from there.
00:10:38
Kirstie had been helping raise Amber's son, was babysitting the night of the attack.
00:10:43
Amber had been working hard to get her life on track, earned her GED, juggled a job at 7-Eleven,
00:10:49
while trying to be a good single mom. And she was young and pretty, had lots of friends.
00:10:56
We had no idea who could have done anything so horrible to her. Amber was somebody that you wouldn't think that would ever happen to.
00:11:05
Somebody it would never happen to. Detective Seymour wrestled with something that felt like dread
00:11:11
and intense pressure. She and her fellow cops had to find the perpetrator quickly
00:11:16
before he did it again. Everyone's a suspect when you don't know who they are. What is the sense or the level of responsibility that comes crashing down on your shoulders when you see a thing like that?
00:11:30
Oh my gosh. It truly, at times, feels like the weight of the world. To know that I am responsible for figuring out all these parts and pieces, putting them together,
00:11:44
so that everyone's safe, including me. Not just solving the crime for her, but for the whole town.
00:11:52
Yeah, it's a lot. And the level of rage that was exercised on this woman was so scary The forensics people extracted what evidence they could We did a sex assault exam on her
00:12:07
She was processed forensically for DNA. Her hands were processed. Her face was her neck.
00:12:13
Any area that we believe the suspect may have come in contact with was examined.
00:12:18
The attacker had left his semen behind and maybe touched DNA. They swabbed every inch of that red duct tape.
00:12:30
As investigators tried to fathom the motive. The brutality of this was unlike anything that I'd heard about.
00:12:40
Why would you attack somebody and brutalize them to such a degree if you didn't know them or have a grudge against them?
00:12:46
This didn't seem like a stranger thing to me. And Detective Seymour knew there was one person she needed to get a look at right away.
00:12:56
The last person Amber remembered being with, her friend, Eric Vanagunis. Detective Seymour got a warrant, tracked his name and address.
00:13:06
Eric was 20-something, lived with his parents. But he wasn't home. His mother was there, and she said that he usually volunteers at the church.
00:13:16
So a partner of mine and I went to the church to contact him there. I think that I am working right now with Bobby Amber Smith.
00:13:27
Yeah, I got picked up and we're hanging out. I think he was surprised that we were there, but he also knew, I believe at that point in time,
00:13:37
that something had happened to Amber because he was in connection with other people that she knew.
00:13:44
And you didn't know at that point whether it was guilty knowledge that he knew because he did it or that he just knew.
00:13:50
Correct. Eric echoed Amber's story about drinking in Rossborough Park, having one too many, and Amber falling asleep.
00:13:59
That's right. To wake her up. But she wouldn't wake up. So Eric claimed he left her there, asleep, and drove around, but then got worried about her.
00:14:10
So said Eric, he went home. I think he was surprised that it had happened, and certainly it made him look like a very bad friend.
00:14:30
Yeah. That he had left her in that condition. Eric did agree to provide a sample of his DNA
00:14:37
which Detective Seymour got to the lab and then hurried back to the hospital to try one more time to probe Amber
00:14:46
for anything else, anything at all she could remember and remarkably, despite injuries that could have killed her
00:14:55
she was somehow getting better well enough to begin to relate a real life nightmare
00:15:03
I was beyond scared. I thought I was going to die. I thought that was my last moment on Earth.
00:15:12
Coming up, a bone-chilling tale of terror. As I was screaming, trying to break free, I remember a rope being put across my neck.
00:15:24
And then some words were said to me. Did she recognize the voice when Dateline continues?
00:15:32
Evening again, one day later, Fort Collins, Colorado. And once again, restaurants and bars began to fill with young people eager to meet new friends.
00:15:53
While Detective Siobhan Seymour raced against an awful possibility, maybe probability, that a serial kidnapper, rapist, killer had moved into her town.
00:16:05
Was the person who attacked Amber Smith still out here looking, fishing? She asked the Colorado Bureau of Investigation in Denver to rush tests on DNA samples taken from Amber.
00:16:17
And forensic analyst Melissa Grass got to work. These types of perpetrators typically aren't first-time offenders when you have a case that is so brutal.
00:16:27
So this case was worked on the rush status. And still, Detective Seymour hadn't been able to decipher from Amber exactly what happened to her.
00:16:38
And so, 13 hours into her investigation, she returned to the hospital. She was able to talk, and she was scared.
00:16:46
Scared, of course, and still very traumatized. But this time, Amber was more lucid.
00:16:54
And the story she told, as she began to tell us the same story, waves of anxiety all but stopped her.
00:17:04
You know, there's some people who love nothing better than to get lots of attention,
00:17:09
go on television, be seen by lots and lots of people. They act out, they tell stories.
00:17:13
You're not one of those, are you? No. What kind? I'm caring. Quiet. Quiet, peaceful. I'm a mother.
00:17:23
And so she began, in a way, embarrassed about going drinking with her friend, Eric Vanagunis.
00:17:31
I became intoxicated. The two of you polished off a bottle? Yeah. I drink too much.
00:17:38
Amber passed out at an outdoor picnic table. For how long, she doesn't know. And what do you remember next?
00:17:45
I remember waking up on my stomach on the floor and my hands and my feet were bound with duct tape My mouth was bound with duct tape but my eyes were not I knew I was in danger No kidding So I started to scream through the tape as loud as I could and I was trying to break
00:18:05
free from the tape. Where was she? Why was she inside? Who was that man on top of her? No idea.
00:18:14
As I was screaming, trying to break free, I remember a rope or something being put across
00:18:21
my neck, and then some words were said to me. Words we are simply not going to repeat.
00:18:28
I remember that vividly. And so I kept screaming and screaming. And then I remember getting hit in the face right here.
00:18:36
Like a pretty good blow. Amber could not see her attacker's face or recognize his voice.
00:18:45
But there was one thing she was sure of. I thought that was my last moment on Earth.
00:18:52
And you thought to yourself, I'm about to die. Yeah, definitely. I thought about my son.
00:18:58
That was like the last thing I thought about. Her son, three-year-old Gabriel. I can't leave my son behind.
00:19:08
It's my baby. It's my world. Like, I got to be strong. I got to pull through this for him.
00:19:12
You can't die. No, I can't die. That was not an option. I have fought for my life because of my son.
00:19:18
so she fought struggled to breathe and then the rope got tighter and i remember it was like a
00:19:27
one two three and then it was it was like a bright light and i lost consciousness
00:19:35
and then she woke up on a cold piece of pavement in a different park now naked but for the red
00:19:43
duct tape that bound her. I knew I needed to get out of there. I was overjoyed that I was alive.
00:19:50
I was scared. I didn't know if I was still in danger. That he maybe wasn't finished with you.
00:19:54
Yeah. And that was motivation enough for me to scream as loud as I could and get help.
00:20:01
And that's when Officer Dane Stratton found and rescued her. A still-living mess of injuries.
00:20:09
I remember I didn't look at myself for, I think, a good three days. You must have known you looked pretty bad.
00:20:16
And then when I saw my face, I was like, who am I? I'm unrecognizable. Four days after being rescued, Amber was released from the hospital and transferred to a local safe house,
00:20:31
which to Amber didn't really feel safe at all. I thought he would come back for me, even in the safe houses.
00:20:38
I thought he had left me for dead, and then the fact that I was alive, and the fact that they gave me an alias for the hospital.
00:20:47
An alias so that nobody could find you? Yeah, I was scared everywhere. If somebody looked at me for longer than, you know, a few seconds, I would get suspicious.
00:20:55
This is more than just fear, wasn't it? Yeah, I definitely thought he was still lurking, still trying to find me.
00:21:02
but who was a face in the crowd watching her coming for her was it a stranger a friend
00:21:11
as she ran her tests the crime lab's melissa grass was optimistic that a solid dna profile
00:21:18
would emerge and solve the mystery quickly we expected that it would either hit to other cases
00:21:24
or to an offender in the database or of course to the last person amber remembered being with
00:21:30
Eric Vanagunis. He swore he didn't hurt her. DNA would tell the truth. Coming up, the lab results come in.
00:21:42
A gut punch for everyone. We were pretty shocked. As a DNA laboratory, we were surprised.
00:21:48
I just felt sick. How could this be? I thought it was rigged. Could anyone understand how she was feeling?
00:22:10
The grueling pain, the unrelenting terror, humiliation, loss? Amber Smith was a mess.
00:22:19
I don't even know how to describe that feeling. It would be pretty black, a darkness.
00:22:24
Yeah, that's the place I'd never want to go again. If they could only find her attacker, arrest him, put it where he couldn't get at her anymore.
00:22:34
So investigators watched the clock for the DNA results and speculated. An attack like this is not somebody's first rodeo.
00:22:43
They have had to have done something in the past. So in my mind, in a case of this gravity, we'll get an answer within days if we have the offender in CODIS.
00:22:54
CODIS, the national DNA database that houses DNA profiles of people who have been arrested for or convicted of felonies.
00:23:04
Detective Seymour also submitted a sample from her only person of interest, Amber's friend, Eric Vanagunis.
00:23:10
We thought it possibly could have been Eric, the person she was with the night before.
00:23:16
Who can know what a person is capable of? Even a young man who lived with his parents and helped out at church.
00:23:23
And then, nearly a week after the attack on Amber, DNA analyst Melissa Grass picked up the phone and called Detective Seymour with the news.
00:23:34
The first part of the conversation was exciting because we were able to develop a DNA profile.
00:23:40
A full and complete genetic picture of the suspect, which they could use to ID Amber's attacker.
00:23:47
That was the good news. The only good news. We were pretty shocked as a DNA laboratory.
00:23:54
We were surprised that there were no other cases and no offenders within the database
00:23:58
that this case matched to. Did you get that? No match. None. Zero. Not one single hit among the millions of profiles in the CODIS database.
00:24:10
None of them matched the DNA recovered from Amber. Or the duct tape. And when they compared it to the sample they'd collected from Amber's friend, Eric Vanagudis,
00:24:20
it didn't match him either. He didn't do it. So who? A crime like this one had all the earmarks of a practiced predator.
00:24:31
So why wasn't his DNA in the massive CODIS system? I just felt sick. I felt like, how could this be?
00:24:41
We don't have a suspect. Like, how do we not have a suspect? Like, who is this guy?
00:24:46
Where is he? Is he dead? Usually you have somebody you can look at. Yeah, but all the somebodies were nobodies.
00:24:55
Dane Stratton, the patrol cop still haunted by what happened to Amber, by what he saw in the park, had been just as sure.
00:25:04
Amber wasn't her attacker's first victim. It was a kick in the gut. How is this guy not in the system?
00:25:14
I was dumbfounded, honestly. If this is his opening act, where is he going to go from here?
00:25:21
and Amber found it hard to even go outside. CODIS is a great big system with every felon in the nation
00:25:31
and somebody who would do a thing like that to you must be at the list, right? Yeah, I definitely thought so.
00:25:39
So when that result came back, nothing, nobody there. Yeah, it was... What was that like?
00:25:46
Frustrating, irritating. I thought like it was rigged. I thought they missed something.
00:25:53
But they did have one, call it a small consolation. The DNA told them it had to be one guy, one attacker.
00:26:04
A semen stain recovered from her body. That DNA profile matched the DNA profile on the duct tape.
00:26:10
So that tells us that the same individual that sexually assaulted her left DNA on the duct tape that was wrapped around her body.
00:26:17
The detective put that little nugget of information in her back pocket. Who knew when she might need it?
00:26:23
But now she and her partner started all over again. Amber's friend Eric had suggested maybe check some of Amber's other friends who lived in Fort Collins.
00:26:33
He wasn't so sure about some of them. She had several friends that he brought up that may have been involved in this.
00:26:42
so they're from a part in her history that she was involved in some more risky type behavior
00:26:53
wasn't always making the best choices yeah uh-huh yeah um so we followed up on those individuals
00:26:59
and so day by day one by one the men in amber circle were questioned close to 10 of them
00:27:07
friends, acquaintances. Each one provided a DNA sample for Melissa Grass. So as we received more
00:27:15
known samples from individuals in this case, we anticipated that one of them would eventually,
00:27:20
or could potentially match the unknown DNA profile in this case. But none of them did.
00:27:27
And a terrified victim waited, and winter came to Fort Collins. An anxious detective Seymour watched for news anywhere of sexual assaults.
00:27:37
Tick-tock. He had to be out there. Was he watching? Coming up, for investigators, the depths of despair.
00:27:50
I felt helpless. How do we not know who this guy is? And then, for Amber, a brand new trauma.
00:27:58
You have, like, an anxiety attack. Just, like, the overwhelming sense of doom. When Dateline continues.
00:28:07
Detective Seymour had been so sure Amber Smith knew the man who raped her and nearly killed her.
00:28:24
Or, if she didn't, he'd be a predator who had committed other similar crimes, so his DNA would be in CODIS, the national database.
00:28:33
But there was simply no trace of him anywhere. not only at Fort Collins, but the entire country.
00:28:42
He was like a ghost, like the boogeyman. We couldn't figure out. We had everything we needed as far as his DNA to figure out who he was.
00:28:53
Whoever he was, his behavior, duct taping and torturing his victim, was unlike anything that had happened before in Fort Collins.
00:29:02
It became very clear that whoever had done this to her was a stranger. A stranger who'd managed to avoid capture for whatever else he had probably done.
00:29:12
Someone Amber had had the bad luck to encounter at a moment of vulnerability. But was he still here in Fort Collins planning his next attack?
00:29:21
Or long gone? The patrol officers knew the suspect had used red duct tape. And so if they had stopped a car with a strange guy in it and he had red duct tape,
00:29:36
they took his swabs, collected the duct tape. We were chasing down everything we could.
00:29:41
I was becoming more and more discouraged and frustrated. I felt helpless. How do we not know who this guy is?
00:29:53
Months passed. The holidays came to Fort Collins Nobody felt like celebrating Least of all Amber who wanted only one thing for Christmas
00:30:08
How important was it to your psychic health to learn who it was and to get some sort of justice?
00:30:17
Very, very, very important. I just felt hopeless. I would never be able to fully, you know, move on from it.
00:30:27
It wouldn't be just a question of, I give up, I'm never going to find out, but I'm never going to find out, and this wound is never going to heal.
00:30:35
Yeah, that's what I thought. I thought he was deceased or he had left the country.
00:30:43
But did you feel any safer, really? Not really. I bottled it up and just tried to forget about it.
00:30:50
But there was always that fear that he would hurt somebody else. A year went by.
00:30:59
But Amber did not feel better with the passage of time. No, she felt guilty. I've always felt responsible or like it was my fault.
00:31:14
Have you always felt that things were your fault? Yeah. Definitely. if I wouldn't have been intoxicated or at that park that night,
00:31:25
then none of this would have happened, you know. I deserved for that to happen. Sad, really, that a victim would blame herself for her own victimization?
00:31:41
Of course it wasn't Amber's fault. But she couldn't see it then. And her emotions, her depression, her fear,
00:31:49
pulled her down for months that became years, the weight of it as heavy as her first day in the hospital.
00:31:58
It was like that sense of, I'm not safe and I'm not going to be safe. I would look at men and question, is it him?
00:32:08
What would happen to you inside when that happened? I would have like an anxiety attack.
00:32:13
Just like the overwhelming sense of like, of doom. Kirstie Aguilar saw her once happy friend
00:32:24
turn into someone she barely recognized. She became very isolated and she was very self-conscious about everything
00:32:33
and everybody that she was around. She was completely broken and shattered from what had happened to her.
00:32:41
And then, in 2015, a whole group, in a way, came to Amber's rescue. housemates who invited her to live here with them in this safe place among friends in a good
00:32:55
neighborhood good situation it was fine did it feel safe i did feel safe it's a new kind of family
00:33:03
dynamic isn't it just a bunch of friends living together like the tv show frankly did it feel a
00:33:10
like that? A little bit, yeah. Mostly guys and soon fast friends like Bryce Bailey, a boyfriend's
00:33:19
buddy, and Bryce's childhood pal, a friendly guy named Stefan Moon, who crashed on the couch.
00:33:26
Everybody called him Sam. Gradually, they and the other housemates helped Amber learn to smile again,
00:33:33
but particularly Sam, a bright, gentle guy, good listener, just what Amber needed.
00:33:40
Stefan was real, real supportive. Did you tell him what your situation was and what had happened to you?
00:33:48
Yes. He said, you know, I'm so sorry. Would you like a hug? And you should never have to go through that.
00:33:56
And nobody should ever have to go through that. Helped you feel better? I did. To her best friend, Kirstie, it seemed the old Amber was beginning to emerge again.
00:34:07
She was settled in and happy that was a place for her to call home there. And as she focused on raising her son,
00:34:14
Amber began to accept, reluctantly, that her case would probably never be solved.
00:34:20
I blocked it out. Just tried to move on with my life. And then, how to say it, there was a bicycle and a pawn shop
00:34:32
and a small domestic drama. how curious life can be. Coming up, a tantalizing lead from out of state.
00:34:44
There was some guy in Virginia who had used duct tape in one of his murders, and I was like, maybe this is my duct tape guy.
00:35:05
By 2015, the Ambersmith duct tape case was old news in Fort Collins. At Colorado State University, waves of students had come and gone.
00:35:16
Life had moved on. Except for a few, like Detective Siobhan Seymour, who was still chasing phantoms, chasing anything she could think of.
00:35:27
And she kept an eye on the news from out of state. There was some guy in Virginia who had used duct tape at one point in time in one of his murders.
00:35:37
And I was like, maybe this is my duct tape guy. But again and again, there was nothing to find.
00:35:46
We could have swabbed everyone. We could have asked everyone for their consent. We could have asked.
00:35:52
The whole town. Yeah. I mean, we could have. I mean it not realistic The idea crossed your mind Yeah And every time there was a violent sexual assault here in town I was certain it was my guy until it wasn
00:36:09
And new crimes were demanding attention. She had to let it go. I felt just like I had failed.
00:36:19
Maybe you're not such a good cop after all. Yeah. Like I couldn't put the pieces together on this one.
00:36:25
Did he take it home with you at night? Yes, I did. I had nightmares about this case.
00:36:30
How could I not figure this out? He's still out there. And now time was running out.
00:36:40
We have seven years where we get to be a detective, and then you get rotated back out to patrol.
00:36:48
And I was due to rotate out. I needed to figure out who did this before I didn't have the opportunity.
00:36:55
Any longer? Officially, it wasn't even a case anymore. The Amber Smith investigation was closed two years after the attack.
00:37:05
The case, colder than the Colorado winter. But not quite for Officer Dane Stratton,
00:37:12
the cop who found and rescued Amber in the park. It was never his investigation.
00:37:18
And yet, years later, he was still traumatized by the horrible scene he encountered in the park.
00:37:23
I had post-traumatic stress. Not being able to sleep. Auditory. Hearing her shouts.
00:37:34
Cops are people too, after all. Just like Amber, Dane Stratton needed relief. But...
00:37:42
I started to think, well, is this guy a one-hit wonder? Is he... But surely he couldn't be. Because of how brutal it was.
00:37:53
So, often, late at night in his patrol car, he prowled through city parks, looking for, what, a villain, a rapist?
00:38:04
Because if he'd done it once, he's got to do it again, right? So I would drive my police car through the park.
00:38:16
I would try and be as sneaky as I could in these places. Talk to kids in the middle of the night.
00:38:21
I would talk to people hanging out. That was never our guy. Ever. But if he couldn't find him, maybe he could at least prevent another attack.
00:38:33
I would see people stumbling home from the bars, and I kind of became a self-motivated taxi.
00:38:41
Oftentimes I would drive them home. Because the last thing that I wanted was somebody to turn up dead or washed up in a park.
00:38:49
But give up? He couldn't do that. Because if the guy's alive, he can't sit idly by for the rest of his life.
00:39:01
He's going to do something at some point. We're going to catch him doing something.
00:39:05
He's going to slip up. Then one day, beneath just about everybody's notice, somebody stole a bicycle.
00:39:16
Well, upsetting thing to have your bike stolen, as anyone knows who's had it happen.
00:39:21
So the owner called the cops. And who was the owner? Bryce Bailey, one of Amber's old housemates.
00:39:31
Funny how these things happen. So the police went out and investigated that particular theft.
00:39:39
Found the bike at the pawn dealer's place. A lucky thing, bikes aren't often recovered.
00:39:47
But the pawnbroker was keen to help. told the cops about the thief who sold him the hot bike.
00:39:53
Thing is, Colorado frowns heavily on people who sell hot goods to pawnbrokers. Which in the state of Colorado is a felony to lie,
00:40:02
provide false information to a pawnbroker. It's a felony case. So, Colorado, you have to provide a DNA sample for all felony arrests.
00:40:12
The suspect was arrested and booked and swabbed. All routine. Just one more DNA sample to drop into that massive CODIS system.
00:40:26
Which, of course, also contained the samples taken from Amber Smith. And, well, you just can't make up what happened next.
00:40:37
Coming up, a call from the crime lab. I was really excited to say to her, you're not going to believe what happened today.
00:40:45
Melissa was like, we got him. And later, Detective Seymour has big news for Amber, but it's nothing she's prepared for.
00:40:55
I showed her a picture and she said, oh my God. When Dateline continues. It was one of those picture-perfect days,
00:41:19
the kind that draw people to life in Colorado. It was four years since the attack on Amber Smith.
00:41:26
Detective Siobhan Seymour was hiking with her kids up in a place called Poudre Canyon, west of town.
00:41:33
And her phone chirped. Text message from her boss. She was like, you need to call CBI.
00:41:41
there's been an update in your duct tape case right at that moment what were you thinking like
00:41:46
we got him like we got him if you got an update it must be that yes i mean i can't imagine what
00:41:52
else it would be right away seymour dialed forensic dna analyst melissa grass at the cbi i picked up the phone and i was really excited to say to her you not going to believe what happened today Melissa I was like we got him
00:42:06
We got a codicit on this case and there was screaming and yelling and excitedness on the other side of the phone.
00:42:12
It was just complete elation. I was so happy. It's one of those moments in my life, really,
00:42:20
where I will always remember exactly where I was. But how? After all those years of fruitless slogging, where did this DNA suddenly show up?
00:42:32
Well, of course you've guessed the answer. It came from the stolen bike that turned up at the pawn shop,
00:42:40
the DNA swab of the bicycle thief. It was that DNA that matched the sample recovered from Amber.
00:42:48
It was just like finally, like finally, like everybody needs to stop what they're doing.
00:42:55
We got to go get this guy like right now. So she went on Facebook and found his picture.
00:43:03
What did you expect this person would turn out to be? He was always the boogeyman to me.
00:43:08
He didn't have a face or a name. He was just somebody really scary out there. And when I saw the picture of him, he didn't really look like a boogeyman.
00:43:17
Not quite the monster she expected, who raped Amber, beat her within an inch of her life, and left her to die, trussed up and helpless in red duct tape.
00:43:27
But the numbers didn't lie. So when I performed my statistical analysis in this case, the statistic was 1 in 10 quintillion.
00:43:35
That is 10 followed by 18 zeros, so a significant match. Did you find his DNA anywhere else, either on her body or on the wrapping or the sock or anything?
00:43:48
We found it on neck swabs that were taken from the ligature marks and the markings on her neck.
00:43:54
We found it on the tape that was used to bind her. We found it really on her injuries and then on the tape.
00:44:02
All of it matching only the man arrested for that small-time bike theft. Officer Dane Stratton was stunned when he got the news.
00:44:12
After four years, they finally had a suspect. I actually woke up to an email from Siobhan.
00:44:18
She said, call me. We got some news about the duct tape case. And I remember jumping out of bed and calling her.
00:44:25
And she told me that we had a DNA hit. And I was so happy. I was over the moon. It took forever.
00:44:33
We finally have an answer. and then detective seymour prepared to reveal this amazing new break to amber after four years
00:44:43
of bad news she could barely contain herself and i called her i told her that i had an update
00:44:51
in her case and can i come over and see you and she said yes and it was difficult to contain my
00:44:58
joy that we had found him. She raced over to tell Amber, who by then was living with her son
00:45:05
in her own small apartment. She answered the door and I said, we got a hit. And I said, I think
00:45:11
we figured out who the DNA belongs to that we recovered. I was like, yeah, I did a little dance.
00:45:19
Yeah, it was great. Could you believe it? No, like it was surreal. It was crazy. I was overjoyed. I was
00:45:26
like, yes, this is the start of a new beginning. Then, Detective Seymour pulled out the picture
00:45:33
of the prime suspect, finally putting a face to that unspeakable crime he committed against her.
00:45:40
And I said, what? Like, I, no. No. I was like, there's a mistake. This is not real. This is not
00:45:50
right. This is not accurate. My whole world is flipped upside down. Those overwhelming DNA
00:45:58
results were wrong. They couldn't be. And yet Amber could not believe that the man in the picture
00:46:06
was him. There had to be some mistake. Coming up, why Amber couldn't believe what she'd been told.
00:46:18
There's no way this is the wrong guy. And then detectives give her a job. She asked if I would be willing to do the phone call.
00:46:40
It had taken four long years to this moment in Amber Smith's little apartment, where Detective Siobhan Seymour could finally tell her the news
00:46:49
that the man who had raped and beaten and bound her up in red duct tape had been found.
00:46:56
So, I have exciting news. Okay. You got a hit. And I showed her a picture and she said,
00:47:05
Oh my God. She's like, I know him. For a moment it didn't seem to register because that was her old friend, her gentle confidant, her housemate.
00:47:18
That man in the picture was Sam, Sam Moon. But it didn't compute. And then suddenly it dawned on her what this picture could mean.
00:47:30
It was like all the air had been sucked out of the room. And she's like, no, you don't get it.
00:47:35
I didn't know him until two years after the assault took place. this is my friend there's no way this is this is the wrong guy so from elation you went right
00:47:54
back down again yeah this is the guy you confided in yeah the guy you trusted and
00:48:00
Yeah, exactly. Your good friend. Yeah. It was a mistake. I was convinced it was a mistake.
00:48:05
It wasn't right. That wasn't him. He wasn't capable of that. Sam Moon? Sensitive?
00:48:12
Compassionate Sam? Her former housemate? So good to her and her son Gabe? This was the person who did that?
00:48:23
And if all that wasn't bad enough, Now Amber had to deal with something far more difficult,
00:48:30
something Detective Seymour asked her to do, call him, confront Sam Moon on the phone.
00:48:38
The DNA was huge, of course. But if Amber could somehow elicit a confession from Sam,
00:48:44
the case would be ironclad. She said we could catch him. We're going to get him.
00:48:50
And she asked if I would be willing to do the phone call. And I said, yep, let's do this.
00:48:56
Let's get him. You didn't hesitate at all? I hesitated, yeah. It was a really horrible day.
00:49:01
Because? Because I thought he was my friend. I didn't know what to think. I was still just blown away that I was him.
00:49:09
Thing was, it wasn't just a call she dreaded. She wasn't at all sure they got the right man.
00:49:18
Harmless. That's what I would describe him as, harmless. so the next day at the police station amber called sam and detective seymour listened in
00:49:29
neither quite sure what would happen did they give you a script to read or anything like that
00:49:36
they just said say what you want they had a little whiteboard and if i were to get stuck they were going to write questions to help me
00:49:43
Even as the phone rang, Amber was still deeply conflicted. Could she do it? Could she really accuse him?
00:49:55
And if she did, would she be right or wrong? Sam answered, apparently no idea what was coming.
00:50:05
Hey, is this Sam? Amber and Sam hadn't talked in a while. And for a minute, it was like old times.
00:50:12
Hey, it's Amber. Amber Smith? Yeah. What's up? Not much. How are you? Then she dove in.
00:50:22
So remember how I told you about that stuff that happened to me in 2013 about that guy that broke my jaw and stuff?
00:50:29
Yeah. Yeah, so the police contacted me and said, your DNA matched up. What? Oh my God, Amber.
00:50:40
Amber, I don't know what to say. I did not hurt you. Okay, but they have your DNA.
00:50:54
So how do you explain that? What the f***? Yeah, from the 2013 incident, the one I told you about,
00:51:00
the one I broke down to you and told you about multiple times. Yeah, Amber, that's...
00:51:06
I remember you talking about that. That's sick. He just kept stammering and kept denying and denying.
00:51:18
Amber, Amber, I'm going to stop you right there. I did not hurt you. I don't know how this is happening.
00:51:27
This is for real. What do you mean you don't know? It doesn't just come up in there and I've never met you before 2015.
00:51:34
So how the would your DNA be in my vagina, dude? How do you explain that? I don't know, Amber. I don't know.
00:51:44
I wanted that confession, but... You wanted an explanation, too. Yeah, I wanted to know.
00:51:49
I wanted him to say I did this to you and I'm sorry. That's all I wanted. As the call continued, Sam never wavered. Not once.
00:52:01
No, stop. I didn't hurt you. I didn't hurt you. I didn't hurt you. And then, at the end of the call, it's like a light bulb went on in his head.
00:52:13
It was you. Rossboro Park, right? Yes. Then Sam Moon said something disturbing. Yeah, we had sex.
00:52:23
I didn't hurt you. We had sex. And then Sam told a whole different story about that terrible night.
00:52:31
The story he believed would clear his name. Coming up, Sam Moon says he saw someone else attack Amber.
00:52:43
He had her over his shoulder and her whole head was covered in red. It was just so bloody.
00:52:51
when Dateline continues. Amber Smith had overcome her worst fears and confronted her friend, Sam Moon.
00:53:13
The DNA said he had to be the man who attacked her. And yet, back at the police station,
00:53:19
as she pressed Sam for answers, He said something that caught her off guard. Yeah, we had sex.
00:53:26
I didn't hurt you. We had sex. We had sex at Rossboro Park. Rossboro Park. Remember?
00:53:34
That was the place Amber had been drinking with a different friend. Yeah, you were giving out free...
00:53:39
Yeah, you were the girl. Sam insisted he'd responded to a personal ad on Craigslist.
00:53:47
And that must be how she picked up his DNA. Oh wow. We had sex. I did not hurt you Amber But that was a terrible thing to say Couldn be true That was horrible That was embarrassing and disgusting and disturbing
00:54:07
And then right after he threw out that disturbing story, Sam ended the call. This conversation is done. I didn't hurt you. I'm sorry. I didn't hurt you.
00:54:18
Was it remotely possible he was telling the truth? Or what? Detective Seymour had been listening intently
00:54:27
You can hear his wheels spinning as he's trying to create this story that is somehow plausible
00:54:35
given the evidence he's trying to figure out how to make what we have match something that could have happened
00:54:46
Something that would clear him and slime Amber The detective wasn't buying it. And soon after the phone call was done, police arrested Sam Moon,
00:54:57
brought him to the Fort Collins police station, and then they sat him down here for one more conversation.
00:55:03
Except this time, Sam would be talking to her, Detective Seymour, one-on-one, as tears rolled down his face.
00:55:14
did it seem like he that guy that couch surfer could be your monster could be your boogeyman
00:55:25
no not at first but what this job has taught me time and time again is people are not always who you think they are he insisted again and again that he was innocent
00:55:41
that this was all of a stake. God! I'm not a rapist. I never hurt Amber. I never hurt her.
00:55:54
Detective Seymour does not bluster or threaten, and she didn't hear. Well, I'm going to do my best to make you as comfortable as possible.
00:56:04
Shoot me! No. Seriously? No. Stefan, let's slow it down. Take some breaths, okay?
00:56:13
Slow it down. Her voice, steady, calming, as she gently lowered the boom. I want us to be honest with each other.
00:56:22
We have your DNA in her body in 2013, okay? So, Sam kept talking. Yeah, I had sex with her in 2013.
00:56:34
Okay. And again, he offered up his Craigslist story, that he had responded to a personal ad,
00:56:41
a woman offering free sexual favors in the park, and that's why his DNA showed up.
00:56:47
And I had just gotten separated from my wife. I was really down. Went out there at Rosborough Park.
00:56:58
I had sex with a girl. I didn't see her face. I didn't see anything about her. Nothing.
00:57:05
And afterwards, he said, he went home and told his roommate, Bryce Bailey, there's a girl in the park offering free sex.
00:57:17
You should go there. Maybe an hour or two when he comes through the door, and I can hear he's with somebody else, and it's female.
00:57:28
Sam said he believed Bryce went to the park, brought the woman back to the house,
00:57:33
And that's when things happen, said Sam. Very bad things. And it was just screaming and yelling in there.
00:57:46
Until it stopped. I thought he killed her. Sam said he hid in his room with the door closed.
00:57:55
So I looked under the door and I watched him carry her out. He had her over his shoulder, and her whole head was covered in red.
00:58:04
It was all just so bloody. But Sam did not report his roommate to the police. The next day, I asked, did you have fun with somebody last night?
00:58:20
And he beat the s*** out of me. And told me he killed her. And I'm next, if I say anything.
00:58:28
Quietly, in her almost gentle way, Detective Seabor pushed back. Some of this stuff isn't making sense to me.
00:58:38
All right? Yes, ma'am. None of this stuff makes sense to me. But his story did seem to explain how his DNA could be on Amber's body consensually.
00:58:50
So the detective offered some inconvenient facts. There was also scratches on her neck that were swabbed.
00:58:57
swab on the right side of the neck, swabs on her hand, swabs on the left hand, swabs on the tape.
00:59:02
It's your DNA. That's what I'll look at. I don't understand. Like there was semen all over her body?
00:59:09
No, there wasn't semen. There was your DNA. Oh gosh. Stefan, you are the man that did this to her.
00:59:15
I'm not. And I pleaded with him to be the hero that I believed he could be and allow my victim to move forward with her life.
00:59:27
by apologizing and taking accountability for the things he had done. Your friend needs this.
00:59:35
You know that, and you heard the pain in her voice. You have something to offer her.
00:59:41
You can change this. You can change how the story ends. But Sam wouldn't budge. He stuck to his story,
00:59:50
blaming his lifelong friend Bryce for attacking Amber and leaving her for dead seemed to the detective like a good old frame job Unless that is unless he was telling the truth Detective Seymour wasn finished investigating yet She need to find out
01:00:10
a lot more about Sam Moon. Who was he, anyway? Coming up, Sam's parents say a brutal attack
01:00:21
It's just not in his character. He was famous for doing stupid things, but nothing aggressive, nothing violent.
01:00:28
And then detectives interview the man Sam says attacked Amber. Did you have anything to do with the incident that happened to Amber in 2013?
01:00:51
Everybody is somebody's baby. Even Sam Moon, a man accused of heinous crimes, rape, and attempted murder.
01:01:05
After Sam's arrest, Detective Seymour and her colleagues went to his parents' house.
01:01:11
And while the others searched for evidence, the detective asked Sam's father, Brian Moon, about duct tape.
01:01:18
Has he had it and you've seen him handle it or make stuff with it or use it? There was some around here a while ago.
01:01:29
Like how long ago did you think? Well, in my recollection, it's been several years.
01:01:35
There was a role around it. My recollection is it all got used up. Next day, Brian Moon and his wife Susie came down to the police station
01:01:45
to tell Detective Seymour about their son. Why don't you have a seat on the couch? That way you guys can be cozy.
01:01:51
They were the two people who might know him best, and for whom the news was a blow.
01:01:57
This really shakes my whole foundation out. I received notice that we had a match for the DNA, and it came back to your son.
01:02:11
Something no parent wants to hear. Are you serious? Detective Seymour hoped the moons might offer some insight into Sam
01:02:19
Any odd habits or fetishes Even sexual deviances Of their 30-something-year-old couch-surfing son
01:02:28
I don't know if there were things that he did growing up Or if you, like, ever saw him looking at weird pornography
01:02:40
The moon said they couldn't remember anything unusual. He's a bright kid, no doubt.
01:02:47
Yeah, a very bright kid. A smart and kind kid, who did not always make the most intelligent choices, they said.
01:02:56
I mean, he's been kind of a mild, he's been a screw-up. He was famous for doing stupid things.
01:03:04
The epitome of stupidity. But nothing, nothing aggressive, nothing violent. Juvenile pranks, unpaid traffic tickets, those were his worst offenses, said his parents.
01:03:16
And they were sure their once married son would never hurt a woman, much less do what happened to Amber.
01:03:23
I have drummed into him how you treat women and how I feel about beating women up and rape and that culture.
01:03:32
I'm a nurse, for God's sake. Yeah, he has that. Sam Moon was an unlikely suspect for sure
01:03:41
and he'd offered alibis so Detective Seymour checked him out one by one remember how he said he looked under his bedroom door
01:03:50
and watched his friend Bryce Bailey commit the crime? and I went to the home and I looked under the door
01:03:58
to figure out what the vantage point was that Stefan Moon had claimed he had and you couldn't see anything under the door
01:04:06
besides maybe a heel in front of you. So then they tracked down Bryce Bailey, told him what Sam said.
01:04:14
How did Bryce react to this? He was disgusted and surprised. That was ridiculous.
01:04:22
Really? Did you have anything to do with the incident that happened to Amber in 2013?
01:04:28
No, I didn't even know Amber in 2013. So why would his old pal Sam try to frame him for the attack on Amber?
01:04:37
Well, that was easy, said Bryce. One, he's scared. Or two, he's trying to get revenge on me for getting him in trouble in the first place.
01:04:51
Oh, yes. He stole Bryce's bike, remember? That's how police got Sam's DNA. And Bryce?
01:05:00
like back and forth. Yeah, just brush. And he was eager to provide me with a sample
01:05:05
of his DNA to exonerate him. Then, Bryce said this about his old friend Sam, the kid he had known since they were five years old.
01:05:16
The only thing I could tell you about Sam is that he's a constant liar. But the heart of Sam's alibi
01:05:25
was his claim that he had sex and only sex with Amber after reading a Craigslist ad offering free sex in the park.
01:05:34
These days Craigslist doesn't post ads like that. But in 2013, when they did? Well, investigators asked Craigslist,
01:05:43
was there any such ad at the time? That one took a while. We did a search warrant for specific keywords
01:05:52
that Stefan had used in his interview about what the ad had said and we were not able to locate an ad that had the amount of detail that Stefan had reported this ad having And you know certainly on Craigslist
01:06:09
there's some seedy stuff that happens. So there are ads that talk about things like that,
01:06:17
but not to the extent that Stefan Moon had said. It had to be investigated. Though prosecutors Brian Hardewin and Kara Boxberger said they didn't believe Sam's alibi for a minute.
01:06:34
No. Look to them like Sam had a very ugly plan. 100% of me believes that Mr. Moon's intent that night was to sexual assault her, leave her, and have her die
01:06:47
so that no one would be able to put together what happened and point to him about what occurred.
01:06:53
So the prosecutors were certain they had their man. But as the trial approached, the victim herself, Amber Smith, was not so certain.
01:07:06
She routinely asked us, are you guys sure? Are you sure this is who did it? How do you wrap your mind around the fact that somebody you trusted is the one who did this?
01:07:18
Amber, after all, was slated to be their star witness, and they needed her to help seal the case.
01:07:24
Here, for the first time since that night in the park, she would finally confront Sam Moon face to face.
01:07:33
Coming up. Even on the eve of trial, Amber wasn't convinced Sam was her attacker.
01:07:40
I still questioned. Would she have it in her to testify? I just was overwhelmed.
01:07:46
When Dateline continues. Trauma of the kind suffered by Amber Smith is a beast with a long tail.
01:08:06
And still, as the trial of her accused attacker approached, Amber could not quite believe that
01:08:12
her sweet friend, Sam Moon, was the one who did those awful things. a stew of emotions overlaid with confusion.
01:08:22
And you could just see, like, just a sense of disorientation, like everything that was real in her world just went poof.
01:08:31
Kind of a second victimization. Yeah, a huge, just mind screw, if you will, just that this person that you developed a relationship with and trusted.
01:08:44
not only betrayed you, attacked you, assaulted you, and may have tried to kill you.
01:08:48
Yeah. Yeah. Like, everything that was real is not real anymore. But it was certainly real to the two seasoned prosecutors.
01:09:00
The idea that anybody can treat somebody like this, even in this line of work, you know, doing this for 10 years, is still amazing.
01:09:09
And then when you see the photos, You can feel the terror that Amber felt, but I have not encountered something quite like this.
01:09:21
And though Amber survived, if only barely, her trauma, the ugliness of the crime, made their mission personal.
01:09:30
And we didn't want to let her down. We wanted her to be able to walk out of that courtroom at the end of the trial,
01:09:36
knowing that the person who violated her in the ways that Mr. Moon did would never walk free.
01:09:44
The trial began in a Fort Collins courtroom in August 2019, nearly six years to the day after the attack.
01:09:52
It was Detective Seymour who told the story for the jury. What was the experience like?
01:09:58
It was stressful because this is one of the most emotional cases I've ever experienced.
01:10:08
So there was this tremendous amount of pressure to get it right. It was almost as if I was fighting for a sister
01:10:17
to be able to find that sense of closure so that she could move forward with her life.
01:10:25
Like, we all wanted this for her. Dane Stratton, the first responder, tried to be businesslike on the stand.
01:10:34
he couldn't do it. I teared up. I was choked up. It was extremely emotional for me
01:10:42
because it was so vivid when I was being asked about this crime scene. I think that was very powerful to the jury
01:10:52
because he added that human element to this case. Mind you, Sam himself tried to do that too.
01:11:00
He testified, told the same story about responding to a Craigslist ad offering sex at the park.
01:11:07
So it was all consensual, he said. He did not rape Amber. Investigators just didn't look hard enough for that ad, the defense said.
01:11:16
Although even Sam's attorney acknowledged there was no evidence to show Amber posted anything on Craigslist.
01:11:22
Anyway, the defense told the jury Amber was found in a puddle of fluid, so it must have been cross-contamination that spread Sam's DNA to her neck and the duct tape.
01:11:31
suggestions the prosecutor swatted away because the analyst found DNA where only the violent
01:11:39
attacker could have left it she swabbed all areas of the tape she didn't just swab the outside which
01:11:46
if you buy what the defense was trying to sell to that jury the contamination would only be on the
01:11:52
outside areas she swabbed the sticky side of the tape and those swabs had the defendant's DNA on
01:11:59
them the The thing to keep in mind is, if it wasn't Stefan Moon, there was no one else's DNA there.
01:12:07
Someone who, with such force, placed so much tape on her that sexually assaulted her,
01:12:14
dragged her from the first park, took her to another location, deposited her in the middle of the second park, didn't leave any of their DNA?
01:12:26
The DNA samples established that the only person's DNA that was there was Mr. Moon.
01:12:35
Amber was there in court. Listen to all of this. Was there a point at which it came crashing down on you?
01:12:44
It was him. Had to be him. During the trial. Wasn't it until then? It wasn't. I still questioned.
01:12:53
And I still couldn't believe it. But as she sat there, looking at her former friend.
01:13:01
I was angry. I was pretty angry. It was hurt. It was every emotion. Every negative emotion.
01:13:09
Just looking at him. Yeah, just looking at him. If I had laser beams, I would have burned a thing in the back of his head.
01:13:17
Yes. Because now she knew. Sam Moon was her kidnapper and attacker, and she needed to share her story to help put him behind bars.
01:13:30
No small feat. I just was so nervous and so many people. I just was getting very overwhelmed.
01:13:37
It's my personal business, and it's just out for everybody. It's like the only way through to get the justice you wanted
01:13:45
was to tell all these people everything. Yeah. Yeah. But even if Amber doubted herself, the prosecutors never did.
01:13:58
And when she took the stand, she was phenomenal. And I think she really got to take back some of what Stefan Moon took from her when she sat there and confronted him.
01:14:10
She is such a strong woman. It's inspiring. His claims? Ridiculous and ugly. A Craigslist ad?
01:14:20
Never happened, she said. And as she finished, Amber realized she'd managed to inspire herself, too.
01:14:27
It felt really empowering. I had a lot of people there to support me, too. So that was helpful The case was the jury now The verdict would be swift But what came next
01:14:45
Well, no one saw that coming. Coming up, after an excruciating six-year odyssey...
01:14:53
There's an audible gasp. Amber and her team hear the verdict. I just sobbed. I remember looking at the jury and like, why?
01:15:03
I was heartbroken. In the end, it didn't take very long at all. Less than a day.
01:15:25
And there was a verdict. I was shaking. Your heart goes like crazy. I started crying before the judge even said anything.
01:15:36
And that's when it happened. When the judge reads count one, attempt to commit first-degree murder,
01:15:43
we the jury find the defendant not guilty, and there's an audible gasp. Amber and the people in the courtroom who'd fought so hard for her were stunned.
01:15:55
I just sobbed. and I just remember like looking at the jury and like why like I was angry I didn't understand
01:16:06
I cannot begin I don't know how to put words to it just I felt like I was gonna vomit
01:16:16
But, yeah, just my heart, I don't even think was in my body anymore. I was heartbroken.
01:16:29
You're afraid you failed? Mm-hmm. I was. There were other charges, other verdicts to come, but...
01:16:39
The concern is they'll make that same finding all the way through. That was probably the longest two or three seconds of my life.
01:16:46
from the first not guilty and then to the next one. And then, out it came, one by one.
01:16:56
The jury found Sam Moon guilty of kidnapping and sexual assault and more, all of the other charges.
01:17:05
We felt relieved. Question now was, without that attempted murder conviction, would he do serious time Or as Amber feared would he be released to terrify her again Months later they got the answer The judge gave Mr Moon the maximum possible sentence
01:17:26
She sentenced him to 128 years to the remainder of his natural life. What did you think about that?
01:17:35
Hallelujah. Yeah. Um. Can't hurt anybody else. can't hurt me. This chapter in my life
01:17:46
will close. Done. A sentence that would last more than a lifetime. Moon won't be eligible for parole
01:18:00
until the year 2111 when he'll be well past 100 years old. He deserves every year,
01:18:08
every minute, every second that he spends in prison. And Amber deserves every minute, every second he deserves in prison.
01:18:19
Patrol officer Dane Stratton, first person to respond to the scene, haunted by it all for years,
01:18:25
who'd spent many nights searching on his own for Amber's attacker, finally, in court, saw her for the very first time since he'd rescued her.
01:18:35
I tapped Amber on the shoulder, and I very quickly spoke with her because I wanted to hear her.
01:18:47
Because the voice in my memory was her screaming, terrified. I want her real voice to be my new memory.
01:19:03
And then the judge asked if Dane Stratton had anything to say. My parting words to Stefan Moon were,
01:19:09
I want you to take a look at Amber Smith and remember her not as your victim, but as a victor.
01:19:17
But we made sure that Amber was no longer the girl dumped in the park in the duct tape case.
01:19:25
Amber was the victor of the duct tape case. But not everyone was satisfied. Sam Moon's parents, though mortified by what their son had done,
01:19:38
and what it all meant for their family, were not so convinced that he was the one
01:19:43
who beat and bound Amber in duct tape. And they thought his lengthy sentence was outrageous.
01:19:50
After all many convicted murderers have gotten much less time have had a chance to be released couldn Sam I sorry for them and my heart breaks for them
01:20:04
but I just don't think that that's the right choice. I do believe that he was and is a ticking time bomb,
01:20:12
and should he be able to walk around in our community that it's just a matter of time before he goes off again.
01:20:23
How could anyone know whether or when he might attack someone else? Were he free?
01:20:28
And anyway, she knew something else about Sam after going through his phone, something the jury didn't hear.
01:20:35
And it wasn't pretty. We found hundreds of searches for rape pornography in his phone.
01:20:44
I went through some of the things that he had Googled, and it was just gross, gross stuff.
01:20:53
Did you see anything that suggested what eventually happened to her? I saw that he had an affinity for rape and for torturing women based off of the searches that he had done.
01:21:11
Now, the searches were done years later. After the event? Yes. So what the searches showed me was that he still had a propensity towards rape.
01:21:23
and hurting women. That is why she believes the only place for him is in prison.
01:21:34
And while Amber still has her struggles, she told us after the trial she is a survivor.
01:21:40
It doesn't define me anymore. I'm not a victim. It's pretty freaking phenomenal actually.
01:21:47
Yeah. You go from feeling like a worthless piece of meat victim to Wonder Woman.
01:21:54
Yeah. You got the guy. I do. I feel empowered now. I actually feel a sense of hope now, and I feel like I do have a future ahead of me.
01:22:07
And I feel like I'm meant to help people, and I know I'm going to do that. That's all for this edition of Dateline.
01:22:21
We'll see you again next Friday at 9, 8 central. And of course, I'll see you each weeknight for NBC Nightly News.
01:22:28
I'm Lester Holt for all of us at NBC News. Good night.

Badges

This episode stands out for the following:

  • 90
    Most emotional
  • 90
    Most shocking
  • 90
    Most intense
  • 90
    Best performance

Episode Highlights

  • Detective's Dilemma
    Detective Seymour faces the pressure of finding a predator on the loose.
    “Everyone's a suspect when you don't know who they are.”
    @ 11m 20s
    September 29, 2020
  • Amber's Terrifying Discovery
    Amber wakes up bound and in danger, realizing she is being attacked.
    “I remember waking up on my stomach... My mouth was bound with duct tape.”
    @ 17m 45s
    September 29, 2020
  • The DNA Results Shock
    Investigators are stunned to find no matches in the DNA database.
    “We were pretty shocked as a DNA laboratory.”
    @ 23m 51s
    September 29, 2020
  • Amber's New Trauma
    Amber experiences overwhelming anxiety after her assault, feeling a sense of doom.
    “You have, like, an anxiety attack.”
    @ 27m 58s
    September 29, 2020
  • Detective's Despair
    Detective Seymour feels the weight of the unsolved case as time passes.
    “I felt helpless.”
    @ 29m 45s
    September 29, 2020
  • The Shocking Revelation
    Amber discovers the identity of her attacker is someone she knew well.
    “Oh my God. I know him.”
    @ 47m 05s
    September 29, 2020
  • Sam Moon's Arrest
    Police arrested Sam Moon after a tense phone call with Detective Seymour.
    “The detective wasn't buying it.”
    @ 54m 51s
    September 29, 2020
  • Amber Confronts Sam
    Amber faces her attacker in court, a pivotal moment in her healing.
    “I was angry. I was pretty angry.”
    @ 01h 13m 01s
    September 29, 2020
  • The Verdict
    The jury's decision leaves Amber and her team stunned and heartbroken.
    “I just remember like looking at the jury and like why?”
    @ 01h 15m 57s
    September 29, 2020
  • Amber's Transformation
    After the trial, Amber feels empowered and ready to help others.
    “I feel like I'm meant to help people.”
    @ 01h 22m 07s
    September 29, 2020

Episode Quotes

  • I thought that was my last moment on Earth.
    Left for Dead
  • I thought he would come back for me, even in the safe houses.
    Left for Dead
  • I felt helpless.
    Left for Dead
  • It was like all the air had been sucked out of the room.
    Left for Dead
  • You can change how the story ends.
    Left for Dead
  • I just sobbed.
    Left for Dead

Key Moments

  • 911 Calls00:02
  • Investigation Begins07:59
  • Amber's Fight19:10
  • Despair Sets In27:50
  • The Big Reveal47:01
  • Tense Interrogation55:49
  • Detective's Challenge59:43
  • Verdict Shock1:15:57

Tension Over Time

Words per Minute Over Time

Vibes Breakdown