00:00:04
DENNIS FARINA (VOICEOVER):
Next on "Unsolved Mysteries,"
00:00:08
witnesses say veteran
rider Shelly Malone
00:00:10
was trampled by her own horse.
00:00:13
Her family believes it was
all a cover-up for murder.
00:00:18
Phone calls,
threatening messages,
00:00:20
and violence-- a
husband and wife
00:00:23
are terrorized in
their own home.
00:00:27
After a seven-year-old girl
is strangled to death--
00:00:30
Dave, call the police!
00:00:32
DENNIS FARINA (VOICEOVER):
--her grieving parents must
00:00:34
stand trial for her murder.
00:00:37
And the war in Vietnam
separates a father
00:00:40
and a son for nearly 20 years.
00:00:46
Our team is standing by.
00:00:48
Perhaps someone watching can
help solve one of these cases.
00:00:52
Perhaps it's you.
00:00:54
I'm Dennis Farina, and this
is "Unsolved Mysteries."
00:00:58
[theme music]
00:01:32
DENNIS FARINA
(VOICEOVER): Just outside
00:01:34
The Plains, Virginia, paramedics
rush to a remote meadow.
00:01:40
37-year-old Shelly Malone,
an accomplished horsewoman,
00:01:44
has been badly injured
in a riding accident.
00:01:47
As paramedics struggle
to save Shelly's life,
00:01:50
her boyfriend, George
Carhart, and two other friends
00:01:53
can only stand by
helplessly and watch.
00:01:57
One of them, Erica Stumvoll,
is the only witness
00:02:01
to the accident.
00:02:02
She reports that Shelly's
horse stepped on her
00:02:04
and kicked her repeatedly.
00:02:07
One blow was apparently
powerful enough
00:02:09
to rupture Shelly's heart.
00:02:11
She died later that day.
00:02:16
According to the coroner,
it was an accidental death.
00:02:19
People in horse
country tend to accept
00:02:21
occasional accidents
as part of their lives,
00:02:24
but not Shelly's family.
00:02:26
They believe that
she was murdered.
00:02:29
PROF.
00:02:30
THOMAS HARDY: I know that
that accident is most
00:02:33
improbable, if not impossible.
00:02:36
In an open field, for a horse
she loved and loved her to step
00:02:41
on her squarely and on the chest
after he had thrown her off,
00:02:46
this is impossible.
00:02:48
DENNIS FARINA (VOICEOVER):
To Shelly's family,
00:02:50
it seemed an impossible scenario
for such an experienced rider.
00:02:55
Shelly had been around horses
since she was a young child.
00:02:58
Shelly was born loving horses.
00:03:01
When she was six or seven, she'd
tell me she was going to marry
00:03:04
a horse when she grew up.
00:03:06
So she never, ever lost
her interest in horses.
00:03:12
DENNIS FARINA
(VOICEOVER): Shelly
00:03:13
rented a small house in the
country, a perfect place
00:03:16
to stable her two horses.
00:03:18
At the time, she
was dating George
00:03:20
Carhart, who lived
in New York and came
00:03:23
down frequently to visit.
00:03:26
Here you go.
00:03:27
Move your chin.
00:03:28
There you go.
00:03:29
DENNIS FARINA (VOICEOVER):
However, Shelly's mother
00:03:31
claims that after
two years, Shelly had
00:03:34
had enough of George Carhart.
00:03:37
The relationship was strained.
00:03:40
She had relayed to
my husband and myself
00:03:43
that she was bringing this
relationship to a close.
00:03:50
DENNIS FARINA (VOICEOVER):
Two days before she died,
00:03:51
Shelly allegedly had
a romantic encounter
00:03:54
with a local attorney.
00:03:56
Shelly's family
believes George Carhart
00:03:59
found out about that
affair when he came
00:04:01
to visit that final weekend.
00:04:03
GEORGE CARHART: Carter and I
are gonna go chop some firewood.
00:04:05
Uh-huh.
00:04:06
And we'll have dinner
when you guys get back.
00:04:07
- OK, great.
- OK?
00:04:08
Sounds good.
00:04:09
DENNIS FARINA (VOICEOVER):
On Sunday afternoon,
00:04:11
Shelly went riding
with Erica Stumvoll.
00:04:14
George Carhart and Carter
Wiley, Erica's boyfriend,
00:04:17
stayed behind at the house.
00:04:20
Erica has issued only
one official statement
00:04:23
about the day's events, a
written document she prepared
00:04:27
and delivered to the police.
00:04:30
These are selected
portions of her statement.
00:04:33
ERICA STUMVOLL (VOICEOVER):
"We alternately
00:04:34
walked, trotted, and
galloped the horses
00:04:37
through several
fields and trails.
00:04:39
We were approximately 100
yards into a new field
00:04:42
we had just entered.
00:04:44
We were walking the horses
side by side to cool them down.
00:04:47
Unexpectedly, both horses
spooked or started.
00:04:52
I was thrown and fell off
to the left of my horse.
00:04:55
I was not seriously injured.
00:04:57
I sighted Shelly
about 30 feet away."
00:04:59
Shelly!
00:05:01
[screams]
00:05:02
ERICA STUMVOLL
(VOICEOVER): "The horse
00:05:03
stepped on her legs,
face, and head,
00:05:04
kicking her head as he did
so in an apparent attempt
00:05:07
to get away.
00:05:09
As the horse moved
away from her--"
00:05:10
Shelly!
00:05:11
ERICA STUMVOLL (VOICEOVER):
"--I immediately ran to her."
00:05:15
Shelly?
Shelly?
00:05:16
ERICA STUMVOLL (VOICEOVER):
"I checked her pulse
00:05:17
and looked in her mouth to see
if there were any obstructions.
00:05:20
I noticed her left cheek
was turning purplish blue,
00:05:22
which I assumed was the
result of the horse stepping
00:05:24
on her face."
00:05:26
I promise, I'll be back
as soon as I can, all right?
00:05:28
I promise.
00:05:30
ERICA STUMVOLL (VOICEOVER):
"Fearful of a head injury
00:05:31
as a result of seeing the
horse kick her in the head,
00:05:33
I then concluded that
the best thing to do
00:05:35
was try to seek medical help."
00:05:37
DENNIS FARINA (VOICEOVER):
Erica says that she
00:05:39
got lost trying to find help.
00:05:41
It would be an hour and
a half before paramedics
00:05:44
finally reach Shelly.
00:05:46
Later, George Carhart called
Shelly's mother in Florida.
00:05:51
FRANCES SHEWAN:
When the phone rang,
00:05:52
he said, Shelly's
had an accident.
00:05:54
I expected him to say
she slipped and broke
00:05:57
an arm or a leg or something.
00:05:59
And I said, what
kind of an accident?
00:06:01
And he said, she's dead.
00:06:04
DENNIS FARINA (VOICEOVER):
Shelly's family left Florida
00:06:06
and hurried to Virginia.
00:06:08
They say they were shocked by
what they saw at the morgue.
00:06:11
Shelly looked like she
had been in a fight
00:06:13
rather than a riding accident.
00:06:16
FRANCES SHEWAN:
One of the clerks
00:06:17
there showed us a Polaroid
of my daughter's face.
00:06:21
It was so battered
and so swollen,
00:06:23
her eyes were black and blue,
that I didn't recognize her.
00:06:28
DENNIS FARINA
(VOICEOVER): The coroner
00:06:30
ruled Shelly's
death an accident,
00:06:32
but other events made Shelly's
family even more suspicious.
00:06:36
Two days after Shelly's
funeral, family members
00:06:40
visited her house.
00:06:42
George Carhart was there.
00:06:45
JEFFREY R. MALONE (VOICEOVER):
There was a pickup truck backed
00:06:47
up to the front
porch, and there were
00:06:50
some large pieces of my
sister's furniture on there.
00:06:53
And they were moving
stuff out and loading bags
00:06:57
up with her clothes
and her belongings.
00:07:00
DENNIS FARINA (VOICEOVER):
Shelly's mother
00:07:01
says she argued with Carhart
about Shelly's belongings.
00:07:05
I just wanted to get rid of--
00:07:06
FRANCES SHEWAN: He said, all of
her clothes will go to charity.
00:07:08
And I said, we have
made no arrangements
00:07:11
to do anything of the kind.
00:07:13
And as these black garbage
bags were going down
00:07:17
the stairs with her
belongings in them,
00:07:19
I was pulling them
back up the stairs,
00:07:23
and we were, like, having a
tug of war with these bags.
00:07:26
Hey, here's one.
00:07:29
Another one.
00:07:30
DENNIS FARINA (VOICEOVER):
Apparently, the clothes
00:07:32
Shelly was wearing
when she was killed
00:07:34
had been tossed into the dump.
00:07:36
Shelly's family was
unable to find them.
00:07:42
And then there was
Shelly's truck.
00:07:45
Her family found
what they believed
00:07:46
to be bloodstains inside.
00:07:49
They asked a Florida
detective to test them.
00:07:52
DET.
00:07:53
TONY LEWIS: I did a
field test to tell
00:07:55
whether or not it
was human blood,
00:07:57
and the field test was positive.
00:07:59
From the angle where the blood
was on the passenger seat,
00:08:05
it appears that it
came from a head wound.
00:08:08
DENNIS FARINA (VOICEOVER):
Shelly's family took
00:08:10
the truck back to The Plains.
00:08:12
They turned it over to
local authorities, who
00:08:14
performed routine blood tests.
00:08:16
However, the sheriff's
office claimed
00:08:19
that they didn't have the
budget to do DNA comparisons.
00:08:24
What would DNA
tests have revealed?
00:08:27
If the blood in Shelly's
car was her own,
00:08:30
it could suggest that someone
used the truck to move Shelly.
00:08:34
But according to the
official scenario,
00:08:36
only paramedics had moved
Shelly after her fatal injury,
00:08:40
and they used an ambulance.
00:08:43
Shelly's family
has tried to keep
00:08:44
pressure on authorities
with newspaper
00:08:46
ads, letters, and phone calls.
00:08:49
They want a full investigation,
which they believe
00:08:52
will prove Shelly was murdered.
00:08:56
FRANCES SHEWAN: I can only
think that an argument came
00:08:58
about between Shelly and George
or Shelly and Carter Wiley,
00:09:02
I don't know which of the two.
00:09:04
I think it wasn't
a planned thing.
00:09:06
I think one of them
struck her and killed her
00:09:13
or felt that they had killed
or felt that they had maimed
00:09:17
her in a very serious way.
00:09:21
And I think the rest of the
scenario that we've been told
00:09:25
is simply that, a scenario.
00:09:29
The element of the story that
raises questions in my mind
00:09:33
are a horse stepping on
its rider in an open field.
00:09:39
It's hard to imagine
a horse intentionally
00:09:42
or accidentally stepping on
someone in that situation.
00:09:46
I've talked to medical men
who say a man with a big fist
00:09:50
could strike a girl
weighing 104 pounds
00:09:54
and just with the force of
his hand sever that ventricle.
00:09:58
So once that had happened and
she was unconscious or dead,
00:10:01
what could they do?
00:10:02
So you take the shoe
off of the horse,
00:10:06
ram it onto a four-by-four,
and then with all the force
00:10:09
you have plant a
hoofprint over the heart.
00:10:13
DENNIS FARINA
(VOICEOVER): The case
00:10:14
of Shelly Malone is considered
close by local authorities.
00:10:18
The sheriff's department in
Fauquier County, Virginia,
00:10:21
issued a statement in
response to our story.
00:10:24
Quote.
00:10:36
End quote.
00:10:38
If you have any information
regarding this case,
00:10:41
please log on to our
website at Unsolved.com.
00:10:50
Next, when a family is
victimized by threats
00:10:53
and harassment, everyone
is a suspect, even
00:10:57
the family members themselves.
00:11:10
Massillon, Ohio.
00:11:14
Dorothy and Bill
Wacker have lived
00:11:15
in this small Ohio town for
most of their 48 years together.
00:11:21
They were quiet,
unassuming people
00:11:23
who tended to mind their
own business-- hardly
00:11:26
the type to draw the
wrath of an unseen enemy.
00:11:29
Bill?
00:11:30
DENNIS FARINA
(VOICEOVER): But one day,
00:11:31
Bill and Dorothy found their
house completely ransacked.
00:11:36
BILL WACKER:
Sheriff's department?
00:11:37
Yeah, this is Bill Wacker.
00:11:38
DENNIS FARINA (VOICEOVER):
It was the third incident
00:11:40
in a cycle of
harassment and attacks
00:11:43
that would last nearly a decade.
00:11:46
Well, as far as all this
harassment is going on-- which
00:11:49
to me, it looks like it's
trying to force us to move--
00:11:53
why should I move?
00:11:54
Why should we move?
00:11:55
Why should we be
forced out by a kook?
00:12:00
Understandably, Bill and
Dorothy were alarmed when
00:12:04
they first came under attack.
00:12:05
But even after years of
continuing harassment,
00:12:09
they still didn't know why
they had been singled out.
00:12:12
All they knew for sure
was that the incidents
00:12:15
showed no signs of stopping.
00:12:18
[knocking]
00:12:20
DENNIS FARINA
(VOICEOVER): Six months
00:12:21
after the house was ransacked,
Dorothy was home by herself.
00:12:23
Come on in.
00:12:25
DENNIS FARINA (VOICEOVER):
She let a young man
00:12:26
come in to use the phone.
00:12:27
DOROTHY WACKER (VOICEOVER):
Anybody come to the door,
00:12:29
we didn't believe
the worst of them,
00:12:31
so we did what we had to do.
00:12:33
If they wanted help or anything,
well, we always helped them.
00:12:37
YOUNG MAN: Right on South Erie.
00:12:38
DOROTHY WACKER (VOICEOVER):
He was talking on the phone.
00:12:40
But like I say, I didn't
pay no attention to him.
00:12:42
I don't listen to
people's conversations
00:12:43
when they use the phone.
00:12:45
Thanks.
00:12:47
DOROTHY WACKER (VOICEOVER):
And he said, thanks very much,
00:12:49
and that's the reason
I thought he'd left.
00:13:00
Well, the next thing I remember,
I woke up on the floor tied up.
00:13:05
[moaning]
00:13:06
I know he hit me
in the head, and he
00:13:08
hit me alongside the jaw.
00:13:09
[screaming]
00:13:12
And finally, I got over
towards to the kitchen window.
00:13:16
And there it was open, and I
got the neighbors to hear me
00:13:19
over there, and they come over.
00:13:22
DENNIS FARINA (VOICEOVER):
Bill returned home to find
00:13:24
his house swarming with police.
00:13:26
Luckily, Dorothy was
not seriously injured.
00:13:30
She's all right?
00:13:32
DENNIS FARINA (VOICEOVER):
When he searched the house,
00:13:34
Bill discovered that some
personal items were missing.
00:13:37
The assailant had
taken a .22 caliber
00:13:39
revolver, an antique watch, a
camera, and a radio scanner.
00:13:45
He left behind a cryptic
message scrawled in crayon.
00:13:50
SHERIFF W. BRUCE
UMPLEBY: The words
00:13:51
were "Cheaper, but will do."
00:13:55
There's no connotation,
there's no rational
00:13:57
be-- rationale behind that
message that we can understand.
00:14:02
DENNIS FARINA (VOICEOVER):
The suspect never reappeared.
00:14:04
But surprisingly, most of
Bill and Dorothy's missing
00:14:07
possessions did.
00:14:09
Bill says that about four months
after Dorothy was assaulted,
00:14:13
the gun turned up
on the front porch.
00:14:15
And then one by one, the
other items also reappeared.
00:14:21
BILL WACKER: I
couldn't figure it out.
00:14:22
I still can't figure it out,
why it was brought back.
00:14:25
If somebody would
steal something,
00:14:27
normally they're gonna, if
they don't have any use for it,
00:14:30
they're gonna sell
it to somebody else.
00:14:33
And it just looked like
this stuff was laying around
00:14:36
till it was brought back.
00:14:38
This is extremely
unusual, if not very rare.
00:14:41
In all my years in
law enforcement,
00:14:43
I have never known
of a gun being
00:14:44
returned after it was stolen.
00:14:46
[phone rings]
00:14:48
DENNIS FARINA (VOICEOVER):
Next, the harassment
00:14:49
began to include phone calls.
00:14:53
Hello?
00:14:54
DOROTHY WACKER
(VOICEOVER): Sometimes, he
00:14:55
wouldn't say anything.
00:14:56
He'd just breathe real deep.
00:14:58
And then the next time, well,
I'll knock you in the head
00:15:02
and lay you out and do this
to you and do that to you.
00:15:06
Who is this?
00:15:07
DOROTHY WACKER (VOICEOVER): I
was angry, and I was scared.
00:15:09
They changed their telephone
number several times,
00:15:12
and whoever this
is that's harassing
00:15:14
them has come up
with the number.
00:15:16
Now, how they found
it, I have no idea.
00:15:18
DENNIS FARINA (VOICEOVER):
According to Bill and Dorothy,
00:15:20
the calls never let up, and
the mysterious assailant
00:15:24
moved closer.
00:15:25
[banging]
00:15:27
Bill, what's that?
00:15:28
I don't know, but I'm
darned sure gonna find out.
00:15:30
Bill!
00:15:31
After all this time, I'm
gonna-- no, I've had it!
00:15:32
I don't want you
going out there, Bill.
00:15:34
Bill!
00:15:36
BILL WACKER (VOICEOVER):
I'd rush outside, never see
00:15:39
a thing, never hear a
thing, never hear a car,
00:15:45
never hear a noise whatsoever.
00:15:47
We got to the point that
we figured that we needed
00:15:50
some kind of security
light outside
00:15:53
in the front, which we put up.
00:15:59
DENNIS FARINA (VOICEOVER):
From time to time,
00:16:00
handwritten notes showed up
on the Wackers' front porch.
00:16:03
Some were threatening,
others simply mocking.
00:16:07
All were alarming.
00:16:09
But at least Bill and Dorothy
finally had tangible evidence
00:16:12
to show to the police.
00:16:14
Bill?
00:16:15
SHERIFF W. BRUCE
UMPLEBY: It would appear
00:16:16
that the person that
wrote these notes
00:16:18
may have been using the opposite
hand from what they're normally
00:16:20
used to writing with, that
whoever printed them went
00:16:25
to some pains to try to conceal
their normal handwriting
00:16:28
or printing techniques.
00:16:30
To date, we have found
no latent fingerprints
00:16:32
or any other foreign
material on the evidence
00:16:34
that's been submitted.
00:16:36
DENNIS FARINA
(VOICEOVER): Finally,
00:16:37
the mysterious assailant
became violent.
00:16:50
[sirens]
00:16:54
This time, Dorothy was
raced to the hospital
00:16:56
with skull lacerations.
00:16:58
Desperate to find a
witness, police once again
00:17:01
searched the neighborhood.
00:17:03
Do you have any idea
who may be prowling
00:17:05
around the Wacker residence?
00:17:07
We've interviewed
the neighbors
00:17:08
on numerous occasions,
and none of the neighbors
00:17:11
have yet been able to provide
us with any information
00:17:14
which would lead us to believe
that there was a person there.
00:17:17
Nobody has ever
seen anybody, which
00:17:20
is-- that's very frustrating
to us and our efforts.
00:17:25
DENNIS FARINA (VOICEOVER):
With no suspects and no clues,
00:17:27
the lead detective
had to consider
00:17:29
every possible scenario.
00:17:32
He had a straight
talk with Dorothy.
00:17:35
He says, I'm going
to ask you a question.
00:17:38
But he said, I don't want
you to take it the wrong way.
00:17:40
He says, do you think your
husband could have done this?
00:17:43
And I said, no way.
00:17:45
I said, he wouldn't do
something like that.
00:17:48
He says, we've got to
explore all possibilities.
00:17:52
She says, no.
00:17:54
Which, why should I do
something like that after being
00:17:58
married 48 years, you know?
00:18:00
The problem with this is,
you cannot identify the motive.
00:18:04
You can't identify the
reasons behind the activity
00:18:06
that's going on out there.
00:18:09
DENNIS FARINA (VOICEOVER):
After years of harassment,
00:18:11
Bill and Dorothy decided to
stake out their own house.
00:18:15
Bill hid in a trailer
parked in the driveway.
00:18:18
Across the street, his
sons-in-law, Dan and Clay,
00:18:21
watched from a van.
00:18:22
Clay's wife, Kathy, stayed
with Dorothy in the house.
00:18:26
The family communicated
by walkie-talkie.
00:18:29
Yeah, it's all quiet in here.
00:18:31
DENNIS FARINA (VOICEOVER): They
waited for almost four hours.
00:18:34
Around 10:30 PM, they decided
to end their surveillance.
00:18:38
And all of a sudden, we
heard bump-bump-bump-bump.
00:18:41
[banging]
00:18:43
I said, there's something
on the front porch.
00:18:45
No, we can't see anything.
00:18:47
DENNIS FARINA (VOICEOVER):
The intruder had somehow found
00:18:49
a blind spot in the stakeout.
00:18:51
It's got a note on it.
00:18:53
We never saw him
come from anywhere.
00:18:54
DENNIS FARINA (VOICEOVER): The
scrawl was all too familiar.
00:18:57
The note simply read,
"Get the message."
00:19:00
BILL WACKER: Ah, come on.
00:19:01
Let's go in the house.
00:19:04
DENNIS FARINA (VOICEOVER):
Violent assaults,
00:19:05
threatening notes,
upsetting calls.
00:19:08
Bill and Dorothy remain
as mystified today as when
00:19:11
their troubles first began.
00:19:14
If he's not harassing
us or threatening us,
00:19:19
he'll probably be doing it to
somebody else to get his kicks.
00:19:23
I think that's what
it boils down to.
00:19:24
He gets a heck of a
big kick out of it.
00:19:27
DENNIS FARINA (VOICEOVER):
If you have any information
00:19:29
regarding this unusual case,
please log on to our website
00:19:33
at Unsolved.com.
00:19:37
Next--
00:19:38
Jaclyn?
00:19:39
DENNIS FARINA (VOICEOVER):
--the tragic story
00:19:41
of a couple charged with the
murder of their own daughter.
00:19:55
It was just an ordinary
Saturday morning
00:19:57
in Midlothian, Illinois.
00:19:59
David Dowaliby and his
son, Davy, were up early.
00:20:03
Hey, kiddo.
00:20:04
DENNIS FARINA
(VOICEOVER): Two hours
00:20:05
later, David's
wife, Cynthia, went
00:20:07
to wake up their seven-year-old
daughter, Jaclyn.
00:20:11
Hey, Dave, have
you seen Jaclyn?
00:20:14
DENNIS FARINA (VOICEOVER):
At first, David and Cynthia
00:20:16
assumed that Jaclyn was
out playing with friends
00:20:18
in their neighborhood.
00:20:20
Jaclyn was Cynthia's daughter
from a previous marriage
00:20:23
and had been legally
adopted by David.
00:20:27
After thoroughly
searching the house,
00:20:29
David took his son with him to
look around the neighborhood.
00:20:32
Hey, Paula, you haven't seen
Jaclyn around here, have you?
00:20:35
No, not this
morning I haven't.
00:20:37
I had checked
two or three homes,
00:20:38
and then we went
out in my truck.
00:20:40
And we drove around
the neighborhood,
00:20:42
going to friends who lived a
little further down and just,
00:20:44
you know, driving
around the blocks
00:20:46
and getting out of the
truck, looking in backyards
00:20:47
where there was swing sets.
00:20:49
Jaclyn?
00:20:50
Jaclyn?
00:20:52
Jaclyn?
00:20:52
Jaclyn?
00:20:54
CYNTHIA DOWALIBY (VOICEOVER):
I started to get more nervous.
00:20:56
I started to walk
quicker and call louder.
00:21:01
But I went back
into Jaclyn's room,
00:21:03
and I noticed that her
comforter was missing
00:21:06
and that it was very
unusual for her comforter
00:21:08
to be missing, because
she doesn't play with it.
00:21:14
- Did you find her?
- No.
00:21:15
We've been to every house
in the neighborhood.
00:21:16
No one's seen her.
00:21:17
I've been through
the whole house.
00:21:18
She's not there.
And her coat's gone.
00:21:20
Do you know where that is?
- No.
00:21:21
All right.
00:21:22
Well, I'm gonna go
check the Morgans.
00:21:23
CYNTHIA DOWALIBY (VOICEOVER):
I was cutting through my yard
00:21:25
to look into my
neighbor's backyard,
00:21:27
and that's when I
noticed the window.
00:21:30
DENNIS FARINA (VOICEOVER):
The window to the basement
00:21:32
of their home was broken.
00:21:34
It appeared that
someone had used
00:21:36
it to get into their house.
00:21:39
Dave, call the police!
00:21:44
Is this a picture of Jaclyn?
00:21:45
Yes.
00:21:46
Do you mind if
I hold on to it?
00:21:47
No, it's OK.
00:21:48
DENNIS FARINA
(VOICEOVER): Within hours,
00:21:49
their home was swarming
with police and FBI agents.
00:21:53
They assumed that
Jaclyn had been
00:21:55
kidnapped and set up equipment
to record any ransom demands.
00:21:59
But no one called.
00:22:00
OFFICER: Would you like
to sit down or something?
00:22:02
No, it's fine.
What else, what else?
00:22:04
What time did you
get up this morning?
00:22:06
DENNIS FARINA (VOICEOVER):
Although investigators viewed
00:22:08
the case as a
possible kidnapping,
00:22:10
they also looked at
Cynthia and David
00:22:13
as suspects in their
daughter's disappearance.
00:22:16
Your wife was still asleep?
00:22:17
She was still asleep.
00:22:18
Isn't that kind of strange?
00:22:19
I mean, I know--
00:22:21
DAVID DOWALIBY: It was hard
answering their questions,
00:22:22
because telling the police
that you woke up around 8:00
00:22:25
isn't good enough.
00:22:26
They wanted us to get
it as close as possible.
00:22:27
And so we were forced to try
to get really close to times
00:22:32
when really all that was
on our mind was Jaclyn.
00:22:35
I didn't want them
asking me questions,
00:22:36
although you answer
them as you're
00:22:38
walking past them and pacing.
00:22:40
But it was just totally chaotic,
and the repeated questions of,
00:22:44
what did you do in the morning,
it seemed so senseless.
00:22:47
Because I said, you know,
where's my daughter?
00:22:50
Just find Jaclyn.
00:22:51
That's all I wanted them to do.
- Yes.
00:22:53
All of her girlfriends--
00:22:54
Yes, we did all this!
00:22:56
I know they'll
tell you that they
00:22:58
felt as though they were being
harassed and being accused.
00:23:02
I think any reasonable
individual has got to, got
00:23:05
to understand that
you're in the house,
00:23:07
your daughter is missing,
you're a suspect.
00:23:11
DENNIS FARINA
(VOICEOVER): Investigators
00:23:12
directed their attention to
the broken basement window.
00:23:15
Shards of glass
on the towel rack.
00:23:18
DENNIS FARINA (VOICEOVER):
At first, they
00:23:20
believe it had been smashed by
someone on the inside, someone
00:23:24
trying to make it look
like an intruder had
00:23:27
broken into the house.
00:23:31
AGENT: People call you David?
00:23:33
DAVID DOWALIBY: Yes.
00:23:34
AGENT: Are you
over 21 years old?
00:23:36
Yes.
00:23:37
DENNIS FARINA (VOICEOVER): On
Sunday, the day after Jaclyn
00:23:39
disappeared, David agreed
to take a polygraph test
00:23:43
at FBI headquarters in Chicago.
00:23:46
Did you help or
plan with anyone
00:23:47
to cause Jaclyn disappearance?
00:23:49
No.
00:23:50
DAVID DOWALIBY (VOICEOVER):
They asked the agent next to me
00:23:52
if I passed, and he said I
passed with flying colors.
00:23:54
DENNIS FARINA (VOICEOVER):
Three days passed,
00:23:55
and police still had no leads.
00:23:58
I remember the
days were very long.
00:24:01
You know, the days
seemed like weeks.
00:24:03
And in the night, Cindy and
I would be in the room trying
00:24:07
to imagine where she might be.
00:24:10
You know, I just remember that's
all that was on our minds,
00:24:13
is trying to figure
out where she could be.
00:24:16
DENNIS FARINA (VOICEOVER):
Once again, they asked David
00:24:18
to take a lie detector test.
00:24:20
Of course, I wanted
to know why and what
00:24:22
was wrong with the first one.
00:24:24
And their answer was
something to the effect
00:24:26
that, well, the state
likes to use their own.
00:24:29
DENNIS FARINA (VOICEOVER): The
results from the second test
00:24:31
were inconclusive.
00:24:32
The report said that David
was an uncooperative subject.
00:24:37
According to David,
the agent said
00:24:39
that to set up the
polygraph machine,
00:24:41
he wanted David to answer
only "yes" to test questions.
00:24:46
DAVID DOWALIBY:
In other words, he
00:24:47
wanted me to lie so he
could see how his tests
00:24:51
would result in me lying.
00:24:53
And I said OK.
00:24:54
And, like, the second
question he asked me was,
00:24:56
did you kill your daughter?
00:24:57
And he wanted me to
answer "yes" to that.
00:24:59
And I told him, I can't do it.
00:25:00
And he got into an
argument with me.
00:25:02
He was turning red in the face.
00:25:03
And he said, we have
to do it this way.
00:25:05
You have to, you know, lie.
00:25:06
And I don't mind telling him
my name is not Dave Dowaliby,
00:25:09
and I don't mind some things.
00:25:10
But I told him, I can't say
"yes" to a question like that.
00:25:14
DENNIS FARINA (VOICEOVER):
After the second test,
00:25:15
police interrogated
David for five hours.
00:25:19
Finally, an officer interrupted.
00:25:22
We think we've found Jaclyn.
00:25:25
Is she OK?
00:25:27
I'm sorry.
00:25:28
She's dead.
00:25:30
DAVID DOWALIBY (VOICEOVER): I
was convinced that these police
00:25:32
were lying to me
about my daughter's
00:25:33
death as a last ditch
effort to try to get
00:25:36
me to confess to something.
00:25:38
You liars.
00:25:47
DENNIS FARINA (VOICEOVER): When
David returned home and saw
00:25:49
his wife and mother,
he knew that the police
00:25:52
had told him the truth.
00:25:53
[sobbing]
00:25:55
DAVID DOWALIBY (VOICEOVER):
Cindy was on the couch crying,
00:25:56
and I ran up to her and I
asked her if it was true.
00:25:58
And she said, yes,
we lost our daughter.
00:26:01
No!
00:26:03
The feeling was--
well, it can't be--
00:26:05
like, it's impossible.
00:26:07
It's just too much of
a bizarre nightmare,
00:26:10
you know, to be real.
00:26:11
And you feel like
it must be a dream.
00:26:15
It was hard to
accept, very hard.
00:26:17
Oh, Jaclyn.
00:26:18
CYNTHIA DOWALIBY: The first
thing I said was, who did it?
00:26:22
Who would do this?
00:26:26
I can't explain how
I felt, because I--
00:26:30
I think I went into shock.
00:26:32
Because I just laid
on the couch crying.
00:26:40
DENNIS FARINA (VOICEOVER): Four
days after Jaclyn disappeared,
00:26:42
her body was discovered in a
vacant field in the next town.
00:26:46
At the scene were the comforter
from her bed, her nightgown,
00:26:50
and a 26-foot length
of rope that had
00:26:54
been wrapped around her throat.
00:26:56
An autopsy was
unable to determine
00:26:59
when Jaclyn had been murdered.
00:27:01
Seven days after
her disappearance,
00:27:04
she was laid to rest.
00:27:06
The investigation now included
the Illinois State Police,
00:27:09
the Midlothian police, and
the police in Blue Island,
00:27:13
were Jaclyn's body
had been found.
00:27:15
For two months, they
collected the evidence
00:27:18
and built the case
against the Dowalibys.
00:27:23
Finally, David and Cynthia were
charged with Jaclyn's murder.
00:27:31
For a parent, there is nothing
worse than discovering that
00:27:35
your child has been
murdered-- except,
00:27:37
perhaps, discovering that you've
been charged with the crime.
00:27:42
When we come back, the
surprising verdict in the trial
00:27:45
of David and Cynthia Dowaliby.
00:27:54
DENNIS FARINA (VOICEOVER):
At the time of their arrest,
00:27:56
the Dowalibys stood
alone against the media,
00:27:59
the police, and many of
their friends and neighbors.
00:28:02
All were convinced
that the couple
00:28:04
had murdered their daughter.
00:28:07
The Dowalibys continued to
insist that the real killer
00:28:10
was still on the loose.
00:28:13
David and Cynthia went
on trial for the murder
00:28:15
of their daughter, Jaclyn.
00:28:17
All rise.
00:28:18
DENNIS FARINA (VOICEOVER):
The prosecution
00:28:20
built its case largely on
circumstantial evidence.
00:28:24
Could you tell us what
the car looked like, sir?
00:28:27
It appeared to be a
dark-colored, late-model--
00:28:29
DENNIS FARINA (VOICEOVER):
One prosecution witness,
00:28:31
a transit worker named
Everett Mann, picked David
00:28:34
Dowaliby out of a photo lineup.
00:28:37
He claimed that he saw a
man with a prominent nose
00:28:40
like David's in a
parked car near the site
00:28:43
where Jaclyn's body
was discovered.
00:28:45
Did your make out any
features of that person?
00:28:48
Yes, it was the
nose structure.
00:28:50
LAWYER: Could you tell whether
it was a man or a woman?
00:28:51
Everett Mann's claim was
that from 75 yards away--
00:28:56
three quarters of the
length of a football field--
00:28:59
on a moonless night
in a dark parking lot,
00:29:03
he saw a profile of a nose
structure that resembled David
00:29:08
Dowaliby's nose structure.
00:29:10
I've been there.
00:29:11
The police have been there.
00:29:13
Every rational person
knows that that's
00:29:16
a physical impossibility.
00:29:18
The photo spread that
Everett Mann was shown
00:29:21
was five photographs, all
of white males, all frontal.
00:29:26
He saw the man in the
parking lot from a side view.
00:29:30
Also, David
Dowaliby's photograph
00:29:32
was 30% larger than the other
four photographs in the spread.
00:29:36
So therefore, by definition,
David Dowaliby's nose
00:29:39
was the largest.
00:29:40
If he saw a very large nose,
he picked out David Dowaliby's
00:29:44
photograph because
that was the largest
00:29:46
nose in the photo spread.
00:29:47
Didn't mean that he
saw David Dowaliby.
00:29:49
DENNIS FARINA (VOICEOVER):
Another central issue
00:29:51
in the prosecution's case was
the broken basement window.
00:29:55
The entire law enforcement
investigation in this case
00:29:58
was based on a
faulty assumption,
00:30:00
namely that the basement window
had been broken from inside
00:30:03
as part of an effort
by the Dowalibys
00:30:05
to cover up a crime
that they had committed.
00:30:07
Well, it turned out
that they had already
00:30:10
arrested and indicted
that the Dowalibys
00:30:12
before the official
forensic report
00:30:14
came back on the window, which
conclusively showed that they
00:30:17
had been wrong and that the
basement window had indeed
00:30:19
been broken from the outside.
00:30:21
But by that point, there
was no turning back.
00:30:24
DENNIS FARINA (VOICEOVER): The
prosecution also questioned
00:30:26
whether it was
possible for someone
00:30:28
to enter the house without
disturbing the items that were
00:30:32
sitting beneath the window.
00:30:34
I found it very difficult to
believe the theory that someone
00:30:37
would break in a window
in the middle of the night
00:30:40
and traverse over a
nightstand, a towel
00:30:43
rack, a TV tray,
makeup and nail polish
00:30:47
and not disturb anything.
00:30:50
It's incredible to
imagine someone even
00:30:52
kicking in a window and
making that kind of racket
00:30:54
in the middle of
the night knowing
00:30:56
there were people in the home.
00:30:58
DENNIS FARINA (VOICEOVER): To
prove that such an entry was
00:31:00
possible, David himself shot
this video of a neighbor
00:31:05
crawling through the window.
00:31:07
The prosecution was telling
the judge and the media
00:31:10
that if someone were to come
in, they would have to step
00:31:12
on this towel rack and bend it.
00:31:14
So we put the towel
rack under the window,
00:31:16
and we had my neighbor
crawl in while we
00:31:18
were shooting it with a camera.
00:31:20
And what happened is he
slid in on his belly,
00:31:22
and right before he
got to the towel rack,
00:31:24
he wedged his foot on the
wall and held himself out,
00:31:27
hanging off the window ledge.
00:31:31
So we proved it to
ourselves, and we tape
00:31:33
recorded it so that if
there was the chance,
00:31:36
we could prove it to others.
00:31:37
I ask that the
indictments against David
00:31:39
and Cynthia Dowaliby be set
aside for a lack of evidence.
00:31:42
DENNIS FARINA (VOICEOVER):
The Dowalibys never
00:31:44
testified on their own behalf.
00:31:46
Before closing
arguments, the judge
00:31:48
addressed attorneys from both
sides without the jury present.
00:31:52
It's my position that
there is sufficient evidence
00:31:55
for David Dowaliby's
case to go to the jury.
00:31:57
AUDIENCE: [gasps]
00:31:58
As to Cynthia Dowaliby,
and as a legal matter,
00:32:01
I am ruling that there
is insufficient evidence
00:32:04
for her case to go to the jury.
00:32:06
[gavel banging]
00:32:13
The court was
adjourned for a while,
00:32:15
and we just kept telling David
in the hall that he was next
00:32:19
and he was next, that
this is obviously
00:32:22
where the jury's heading now.
00:32:24
Have you reached a
verdict in this case?
00:32:26
JUROR: Yes, Your Honor, we have.
00:32:28
DENNIS FARINA (VOICEOVER): The
jury deliberated for three days
00:32:31
on the fate of David Dowaliby.
00:32:33
DAVID DOWALIBY (VOICEOVER):
I was really up.
00:32:35
I felt for sure we were going
to get a not guilty verdict.
00:32:38
Will the defendant
please rise?
00:32:42
You know, of course,
I'm so anxious.
00:32:43
I was trying to read
into the judge's eyes,
00:32:45
into his reaction
of what it could be.
00:32:48
But I was getting nothing.
00:32:53
We, the jury, find the
defendant, David Dowaliby,
00:32:55
guilty of murder in
the first degree.
00:32:58
We, the jury, find the
defendant, David Dowaliby,
00:33:02
guilty of concealment
of a homicidal death.
00:33:05
[gavel banging]
00:33:08
DAVID DOWALIBY: I think
I went into shock.
00:33:10
I wasn't even conscious
of anything around me.
00:33:12
It was unbelievable.
00:33:15
It didn't matter what
happened to me at that point,
00:33:16
because I really wasn't
there, even though I was.
00:33:21
DENNIS FARINA (VOICEOVER):
David Dowaliby
00:33:22
was sentenced to 45 years in
the Stateville maximum security
00:33:26
prison in Joliet, Illinois.
00:33:31
But even as David began
serving his sentence,
00:33:34
a grassroots movement
was being organized
00:33:36
by Cynthia and friends of the
family to reverse the decision.
00:33:42
Their efforts caught
the attention of Chicago
00:33:44
journalist David Protess.
00:33:47
In a series of
newspaper articles,
00:33:49
he criticized the
official investigation.
00:33:52
Well, Carol, the Dowaliby
trial ended in a split decision
00:33:56
because it was a
circumstantial case.
00:33:58
There was no physical
evidence that either--
00:34:00
DENNIS FARINA (VOICEOVER):
Later, television reporter
00:34:02
Paul Hogan joined
Protess in a series
00:34:05
of investigative requests.
00:34:06
PAUL HOGAN
(VOICEOVER): Our expert
00:34:08
says the state police evidence
technician, whose primary job
00:34:11
was to seek out and collect
all physical evidence,
00:34:13
should have
immediately collected
00:34:15
and inventoried the glass.
00:34:16
Instead, he waited three days
and then had to retrieve it
00:34:19
from a trash basket.
00:34:20
He should have
collected and reviewed--
00:34:21
DENNIS FARINA
(VOICEOVER): The news
00:34:23
reports shifted public
opinion and triggered
00:34:25
a surprising turn of events.
00:34:27
Is he just about out?
00:34:29
He's just about
ready to come out.
00:34:30
Wow, that's great.
00:34:31
Did you get a
call or something?
00:34:31
Did he call?
00:34:32
Yes, we just got
the phone call.
00:34:34
DENNIS FARINA (VOICEOVER):
The Illinois Court of Appeals
00:34:36
unanimously
overturned the verdict
00:34:38
and dismissed David
Dowaliby's case.
00:34:42
He was released from prison
after serving 18 months.
00:34:46
Today's not a day to be
bitter or to look back.
00:34:48
I'm just looking forward
to seeing my family.
00:34:50
So maybe in a few weeks
or so once it's sunk in,
00:34:52
I might look back and
decide what to do next.
00:34:55
CYNTHIA DOWALIBY: We're
left with the mystery
00:34:56
of what happened to Jaclyn.
00:34:58
And we wonder all the time,
what could have happened to her?
00:35:03
Who could have hurt her?
00:35:06
You know, we just want the
ability to try to go on,
00:35:13
but we want to find out
what happened to Jaclyn.
00:35:16
We want justice.
00:35:22
DAVID DOWALIBY: What
it all boils down to is
00:35:23
we lost a precious little
girl, and nothing beyond that
00:35:28
is as bad as losing Jaclyn.
00:35:30
Going to prison, being accused
of this crime, it's all bad.
00:35:34
But it doesn't
compare losing Jaclyn.
00:35:36
So, you know, that was
the hardest part of it
00:35:40
all, and we keep falling
back on the same-- on Jaclyn.
00:35:46
DENNIS FARINA
(VOICEOVER): Update.
00:35:49
After we aired this story, two
viewers called our phone center
00:35:52
with crucial information about
a possible suspect in this case.
00:35:57
The investigation was reopened.
00:36:00
However, no charges
have been filed,
00:36:03
because there is not enough
evidence to make an arrest.
00:36:06
Nevertheless, these developments
led the State of Illinois
00:36:10
to officially exonerate David
Dowaliby for this crime.
00:36:18
Next, an immigrant searches for
both his father and his son,
00:36:24
a journey that lasts
more than 50 years.
00:36:37
Our next story profiles three
generations who were separated
00:36:41
by the upheavals of war.
00:36:43
It's a story that spans
more than 50 years
00:36:46
and links China, the United
States, and South Vietnam.
00:36:56
DENNIS FARINA
(VOICEOVER): April 1975.
00:36:59
Saigon is in chaos as triumphant
North Vietnamese soldiers
00:37:04
close in.
00:37:05
Thousands fight for a
chance to flee the country.
00:37:09
John Nellis was one of them.
00:37:11
Under the cloak of darkness,
John and his fiancee,
00:37:14
Vivianne, climbed into
the back of a truck.
00:37:17
It was the first step
in the harrowing journey
00:37:20
they hoped would take
them to the United States.
00:37:26
As the South Vietnamese
government collapsed,
00:37:28
its once friendly soldiers
turned into enemies.
00:37:32
JOHN NELLIS: I was real
terrified, because I
00:37:36
was thinking, will we make it?
00:37:40
We thought we were-- we got a
chance to get out the country,
00:37:47
but we don't know exactly
where we're going.
00:37:50
DENNIS FARINA (VOICEOVER):
John and Vivianne
00:37:51
were among the few airlifted
to safety as Saigon fell.
00:37:55
Eventually, they were able to
start a new life in America.
00:38:00
John also began a search for the
son he left behind in Vietnam
00:38:04
and the father he hardly knew.
00:38:07
John's father,
Melvin Nellis, was
00:38:10
an American serviceman
stationed in Chunking, China,
00:38:13
just after World II.
00:38:15
He lived there with
a Vietnamese woman,
00:38:18
and their son John
Nellis was born in 1946.
00:38:23
When John was just
five years old,
00:38:25
his father, Melvin, was shipped
back to the United States,
00:38:28
leaving John and
his mother behind.
00:38:31
I still wish you
could come with me.
00:38:32
DENNIS FARINA (VOICEOVER):
Because John's
00:38:34
father and mother
were not married,
00:38:36
she could not go to America.
00:38:38
Melvin promised to write.
00:38:39
But eventually, the
letters stopped.
00:38:42
John never heard from
his father again.
00:38:48
The following year, John
Nellis and his mother
00:38:50
moved to South Vietnam.
00:38:53
JOHN NELLIS: My mother, she did
make a lot of sacrifice for me.
00:38:58
She had to spend at least
two thirds of her income
00:39:02
to send me to the school.
00:39:05
DENNIS FARINA (VOICEOVER): When
John was just 11 years old,
00:39:07
his mother took him to
the United States embassy
00:39:09
in Saigon.
00:39:10
This is my son, John.
00:39:12
Hello, John.
00:39:13
Hi.
00:39:14
DENNIS FARINA
(VOICEOVER): There, she
00:39:15
obtained a registration
document proving that John's
00:39:18
father was an American.
00:39:20
Some 20 years later,
this piece of paper
00:39:23
would allow John Nellis
to escape from Vietnam.
00:39:29
During the late 1960s and
early '70s, the war in Vietnam
00:39:34
escalated.
00:39:35
John's personal life also
went through dramatic changes.
00:39:39
He met a woman, and
they had a baby.
00:39:42
They named him Daniel Nellis.
00:39:45
But the woman later left John
and married an American Marine.
00:39:50
They moved to the United
States, and John believed
00:39:53
they took his son with them.
00:39:55
First of all, I feel a
little sad, because I lost--
00:40:00
just like I lost a son.
00:40:02
But I feel happy, because he
can go to the United States,
00:40:06
has a proper education,
have a better life so he
00:40:10
doesn't end up like myself.
00:40:13
DENNIS FARINA (VOICEOVER):
Two years later,
00:40:14
as South Vietnam crumbled,
John Nellis would
00:40:17
lift off for the United States.
00:40:20
The paper his mother had
obtained nearly two decades
00:40:22
before allowed him
and his fiancee
00:40:26
to board one of the last
helicopters out of Saigon.
00:40:29
Only later would John
learn that his son,
00:40:32
Daniel, was still in Vietnam.
00:40:35
Though John had a
good life in the US,
00:40:37
he longed to meet
his father, Melvin,
00:40:40
and be reunited with
his son, Daniel.
00:40:44
If my father and my son
watching me right now,
00:40:48
I would like to tell
them how much I miss
00:40:51
them and I love them,
and I would like
00:40:57
to reunite and see them again.
00:41:03
DENNIS FARINA
(VOICEOVER): Update.
00:41:06
Thanks to our
broadcast, John Nellis
00:41:08
learned that his
father was retired
00:41:10
and living in Tokyo, Japan.
00:41:12
John Nellis also found his son.
00:41:16
WOMAN: Oh, he's coming.
00:41:17
This is him.
00:41:19
JOHN NELLIS: That's him.
00:41:20
That's him right there.
00:41:26
This is real a dream come true.
00:41:31
It's a miracle.
00:41:33
[speaking vietnamese]
00:41:34
INTERPRETER: When
I saw my dad, I
00:41:35
was so excited and very happy.
00:41:39
When I looked into his
eyes and saw his family,
00:41:42
I found happiness.
00:41:45
Now he's with me, I'm
going to do my best,
00:41:50
and I'll give him a
good chance in life
00:41:52
and a better future for him and
make up for what he has lost.
00:41:57
WOMAN: Come on.
00:41:57
Say cheese.
00:41:59
DENNIS FARINA (VOICEOVER):
Much that is impacted
00:42:00
by war is destroyed forever.
00:42:03
But in a few cases, persistence
and a measure of good luck
00:42:07
can ultimately prevail
over the destruction.
00:42:14
[theme music]
