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♪
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NARRATOR:
Secrets are like a ticking time bomb.
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Especially the juiciest ones.
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Especially in a college town.
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Eventually, secrets?
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They will explode.
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And that's exactly what happened
in Columbia, Missouri,
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on June 5, 2004.
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That's when, in the middle of the day,
Jesse Valencia is found dead.
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NEWSCASTER:
Police found Valencia's body
on East Campus,
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neck wrung, throat slashed
by a serrated knife.
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JOHN WOHRLE:
I just remember thinking to myself, like,
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"It can't be true."
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♪ There is nothing I can do ♪
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NARRATOR:
The murder sends shockwaves
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through the town of Columbia
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and the University of Missouri campus.
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Everyone is a suspect.
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RANDY BOEHM:
Jesse's throat is slit.
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That's very personal.
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So it's very likely we're looking
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for a person who knows Jesse.
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♪
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- Investigators were brainstorming,
"What happened here?"
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♪
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NARRATOR:
It's just the beginning
of a college crime conspiracy,
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filled with sex, lies, corruption...
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OFFICER:
Police. Open up.
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NARRATOR:
...and the secret that forever changes
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the lives of everyone involved.
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♪
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WOHRLE:
If Jesse had something he needed to say
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he was gonna say it.
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But somebody will go
to the extreme to protect a secret.
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♪
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NARRATOR:
But that secret is also the thing
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that ultimately brings
Jesse's killer to justice.
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♪
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MAN 1:
She solved her own murder
from behind the grave.
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MAN 2:
The fitness app on the phone,
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it was overwhelming evidence.
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♪ Haunted by the visions ♪
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♪ That I've seen with my own eyes ♪
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♪ And the only way to find you ♪
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♪ Is to go beneath the lies ♪
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♪
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MAN 3:
She did help catch this killer.
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♪
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♪ You got something to hide ♪
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NARRATOR:
Summer 2004. Columbia, Missouri.
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♪ I see trouble ♪
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♪ I see trouble ♪
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♪
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♪ Hey ♪
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The University of Missouri is rocked
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when a student's body
is discovered off campus.
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♪
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JEFF WESTBROOK:
My name's Jeff Westbrook.
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I was an investigator
in the Columbia Police Department
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in Columbia, Missouri.
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MAN:
Jeff Westbrook, take one.
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[siren wails]
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WESTBROOK: I was actually
the first responding investigator.
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There were some residents
in one of the houses
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and when they walked out,
they saw the body and called 911.
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[shutter clicking]
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NARRATOR:
The corpse is naked
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save for a pair of boxers.
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It's clear the throat's been slit.
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- When the other investigators arrived,
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we were brainstorming,
"What happened here?"
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[siren wailing]
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NARRATOR:
With no clothes or identification,
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investigators have no way of knowing
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who the victim is or how he got there.
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[police radio chatter]
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♪
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WESTBROOK:
We started knocking on doors.
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We had a picture just of his face
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and we said,
"Do you recognize this person?"
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Is it someone that you've
ever seen before?
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And in talking to someone, we discovered
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the young man's name was...
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♪
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Jesse Valencia.
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♪
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NARRATOR:
Jesse was a 23-year-old history major
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going into his senior year at Mizzou,
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the University of Missouri.
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He was openly gay
and a vocal advocate for social justice
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who dreamed of becoming a lawyer,
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after leaving his small town
of Perryville, Kentucky.
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♪
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LUPE VALENCIA:
I'm Lupe Valencia
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and I'm Jesse's stepfather.
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It's been 18 years and, uh--
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[voice breaking]
I just can't really talk about it.
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Jesse did not deserve to have
what happened to him happen.
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Well, no one does,
but he sure didn't deserve it.
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[inhales and exhales deeply]
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Yeah.
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♪
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NARRATOR:
Jesse's family and friends
were so proud of him,
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knowing that he came
from such humble beginnings.
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LUPE:
Jesse grew up in a barn much like this.
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He loved riding horses.
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Jesse, he was just full of life.
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Just go, go, go.
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If you'd met, Jesse you would love him.
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Very proud of Jesse.
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♪ Don't go telling anyone you saw ♪
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♪ I've got a mind
to keep you in the dark now ♪
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NARRATOR:
When Jesse arrived
at the University of Missouri
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in the fall of 2002,
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he made tons of friends
both on and off campus.
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♪ Another day is over ♪
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♪ Another light is gone ♪
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♪ I feel the dark side comin' on ♪
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♪
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NARRATOR:
Jesse was loved.
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How could anyone want to hurt him?
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And now with his murder,
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everyone in Columbia
wants this case solved.
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Everyone wants to know,
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"Is there a killer lurking
outside the university or on campus?
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Who is the murderer among them?"
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♪
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Turns out Jesse just lived
seven houses down the block
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from where they found him
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in a house that's been
converted into apartments.
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Investigators could tell
there had been a struggle.
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MAN:
Take one.
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BOEHM:
My name is Randy Boehm.
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♪
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And I'm the former chief
of the Columbia Police Department.
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We did find a neighbor
who was in the adjoining apartment
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who does remember
something going on that evening.
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[light buzzing]
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♪
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MORLEY SWINGLE:
My name is Morley Swingle.
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I was the elected prosecutor
of Cape Girardeau County, Missouri.
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The person that lived next door,
Christopher Kepner was his name,
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and he came home drunk
about 3:00 in the morning.
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And he said, "I went to bed.
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Sometime during the night,
I heard arguing."
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[indistinct yelling]
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Christopher Kepner said,
"I got up and I pounded on the wall
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and I said, "Shut up over there."
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"And then it went deathly quiet
and I never heard any more noise."
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NARRATOR:
It seems a fight started
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in Jesse's apartment and branched out.
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♪
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Because his body
was found down the street,
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his murderer probably chased him,
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yet no one on the street
heard as much as a whimper.
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Jesse's apartment offered more clues.
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[camera shutter clicks]
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- One of the things
that we discovered in his apartment
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was a used condom.
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[camera shutter clicks]
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And so that was collected
for DNA evidence.
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NARRATOR:
Did Jesse hook up with the wrong person?
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Or did he know his killer?
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Was this a lover's quarrel
that went violently wrong?
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♪
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[police radio chatter]
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The sergeant on the scene
puts officer Steven Rios in charge
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of guarding Jesse's apartment.
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And medical examiner Valerie Rao
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has Jesse's body
transported to the coroner's office.
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It's clear from the autopsy
that Jesse put up a hell of a fight.
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♪
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- There was heavy bruising
across his collar bone area
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and there was significant bruising
in the middle of his back
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between his shoulder blades.
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♪
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They also took DNA
from Jesse's fingernails.
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Jesse had a shaved chest,
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yet they found arm hairs
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that were not Jesse's lying on his chest.
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NARRATOR:
The medical examiner concludes
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that the knife used
to slice Jesse's throat
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had a serrated blade.
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The killer was so brutal,
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he severed both of Jesse's jugular veins
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and nicked his vertebrae.
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♪
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BOEHM:
Jesse's throat is slit.
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That's very personal.
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It's unusual for that to be
a stranger-related homicide.
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[camera shutter clicks]
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So it's very likely
we're looking for a person
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who knows Jesse.
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♪ Little drops of doubt dripping down ♪
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♪ From my brain to my heart ♪
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MAN:
John Wohrle, A-B camera marker take one.
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WOHRLE:
My name is John Wohrle.
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I am childhood friends of Jesse.
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♪
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When I heard Jesse was dead,
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I immediately thought to myself,
"Who did he make mad?"
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'Cause if he had something
he needed to say
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or a way that he felt,
he was gonna say it.
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♪ Change my mind ♪
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♪ Show me there's a way
we'll make it out alright ♪
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00:10:40,390 --> 00:10:42,142
NARRATOR:
Someone knows something.
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Someone has a secret. But who?
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♪ vocalizing ♪
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♪ Won't you show me something? ♪
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And then...
[telephone ringing]
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...just hours after the autopsy...
[ringing continues]
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00:11:01,870 --> 00:11:03,622
...investigators get a call.
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00:11:03,622 --> 00:11:05,832
♪
214
00:11:05,832 --> 00:11:07,960
It's about a party a day earlier...
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00:11:07,960 --> 00:11:08,877
OFFICER:
Police. Open up.
216
00:11:08,877 --> 00:11:10,629
NARRATOR:
...and an arrest that unlocks
217
00:11:10,629 --> 00:11:15,008
a shocking secret
that shakes this small town to its core.
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00:11:15,008 --> 00:11:19,721
♪
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00:11:22,724 --> 00:11:25,519
♪
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00:11:29,273 --> 00:11:30,774
NARRATOR:
Within 24 hours
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00:11:30,774 --> 00:11:33,235
of Jesse Valencia's body being found,
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00:11:33,235 --> 00:11:37,656
a college friend of his named
Krystle Loyland calls investigators.
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00:11:38,407 --> 00:11:39,533
Krystle informs them
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00:11:39,533 --> 00:11:43,328
that Jesse had attended a party
at her house the night before.
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00:11:43,328 --> 00:11:48,500
♪ But I never thought of time like that ♪
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00:11:48,500 --> 00:11:53,630
♪ It's marching on
but I'm standing still ♪
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00:11:53,630 --> 00:11:55,924
SWINGLE:
Krystle Loyland had been
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00:11:55,924 --> 00:11:57,217
hanging out with friends
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00:11:57,217 --> 00:11:59,511
on that last night of Jesse's life,
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00:11:59,511 --> 00:12:00,721
and he had come by.
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00:12:00,721 --> 00:12:04,308
♪
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00:12:04,308 --> 00:12:07,394
She had said he seemed
happy and carefree.
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00:12:07,394 --> 00:12:09,646
♪ You got me beggin' for love ♪
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00:12:09,646 --> 00:12:10,898
♪
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00:12:10,898 --> 00:12:14,568
♪ electronic music playing ♪
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00:12:14,568 --> 00:12:16,820
- Jesse was always the life of the party.
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00:12:16,820 --> 00:12:18,780
He loved being the center of attention.
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00:12:18,780 --> 00:12:22,492
He loved being the one
generating good times for people.
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00:12:22,492 --> 00:12:23,577
♪
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NARRATOR:
Jesse showed up with two men
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00:12:25,245 --> 00:12:27,206
Krystle hadn't met before.
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00:12:27,206 --> 00:12:31,627
A guy named Eric Thurston
and his roommate Ed McDevitt.
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00:12:35,130 --> 00:12:39,009
Krystle says Eric left the party
around 2:30 in the morning.
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00:12:40,052 --> 00:12:43,138
And Jesse left with Ed around 3:00 a.m.
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00:12:44,014 --> 00:12:47,601
♪
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00:12:47,601 --> 00:12:51,605
- So we knew that around
3:00 a.m. that morning,
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00:12:51,605 --> 00:12:52,940
that he was still alive.
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NARRATOR,
Investigators track down Ed and Eric,
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the two people
who were last seen with Jesse
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00:12:58,862 --> 00:13:01,073
and bring them in for questioning.
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00:13:01,073 --> 00:13:03,534
♪
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00:13:03,534 --> 00:13:05,869
WESTBROOK: We had 'em both
in separate interview rooms.
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00:13:05,869 --> 00:13:08,622
We wanted to see what each individually,
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00:13:08,622 --> 00:13:12,501
independently had to say
about their whereabouts that night.
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00:13:14,294 --> 00:13:17,130
SWINGLE:
When they brought Eric Thurston in,
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00:13:17,130 --> 00:13:19,967
he gave one of the more
interesting interviews
257
00:13:19,967 --> 00:13:21,844
that the detectives had ever had,
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00:13:21,844 --> 00:13:23,971
because when they sat him down
259
00:13:23,971 --> 00:13:27,724
and told him that Jesse Valencia was dead,
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00:13:27,724 --> 00:13:31,061
his response was,
"Well, I could kill a person.
261
00:13:31,061 --> 00:13:35,649
♪
262
00:13:35,649 --> 00:13:37,234
But I didn't kill him."
263
00:13:37,693 --> 00:13:40,487
That is such a bizarre statement
264
00:13:40,487 --> 00:13:43,323
that immediately
it ratcheted him up higher
265
00:13:43,323 --> 00:13:44,992
on the list of suspects.
266
00:13:46,076 --> 00:13:48,036
NARRATOR:
Eric also tells investigators
267
00:13:48,036 --> 00:13:49,997
that he and Ed used to be together,
268
00:13:49,997 --> 00:13:51,999
but had recently broken up.
269
00:13:51,999 --> 00:13:55,377
But now, Ed and Jesse are dating.
270
00:13:57,754 --> 00:13:59,798
SWINGLE:
They looked hard at Eric Thurston
271
00:13:59,798 --> 00:14:02,217
'cause they thought,
well, maybe Eric Thurston was jealous
272
00:14:02,217 --> 00:14:04,511
because Ed was seeing somebody else.
273
00:14:05,888 --> 00:14:08,557
NARRATOR:
That somebody else being Jesse Valencia,
274
00:14:10,267 --> 00:14:13,145
who appears to have been killed
in a crime of passion.
275
00:14:14,688 --> 00:14:18,942
Eric tells investigators
that after he left Krystle's party,
276
00:14:18,942 --> 00:14:21,987
he met a guy named Kevin
and they spent the night together.
277
00:14:21,987 --> 00:14:23,238
♪
278
00:14:23,238 --> 00:14:26,533
They're going to need
to track down this Kevin
279
00:14:26,533 --> 00:14:28,368
and confirm the alibi.
280
00:14:28,368 --> 00:14:30,913
[police radio chatter]
[telephone rings]
281
00:14:30,913 --> 00:14:33,207
♪
282
00:14:33,207 --> 00:14:35,209
Meanwhile, down the hall...
283
00:14:37,044 --> 00:14:39,588
investigators question Ed McDevitt.
284
00:14:41,089 --> 00:14:42,549
SWINGLE:
When they interview Ed McDevitt,
285
00:14:42,549 --> 00:14:44,718
Ed was visibly distraught
286
00:14:44,718 --> 00:14:47,095
and was just the opposite
of Eric Thurston.
287
00:14:48,305 --> 00:14:50,432
WESTBROOK:
He was upset, crying.
288
00:14:52,059 --> 00:14:53,644
Ed said that he had met Jesse
289
00:14:53,644 --> 00:14:57,397
approximately two days prior
at a local night club.
290
00:14:58,065 --> 00:15:00,025
♪ Huh, just ride with me ♪
291
00:15:00,025 --> 00:15:02,194
♪ Go coast to coast if you fly with me ♪
292
00:15:02,194 --> 00:15:04,446
♪ We ain't worried
about the hate or the rivalries ♪
293
00:15:04,446 --> 00:15:06,990
♪ We can dance to the night,
go slide with me, yeah ♪
294
00:15:06,990 --> 00:15:08,325
♪
295
00:15:08,325 --> 00:15:10,035
WOHRLE:
Jesse, he was a beautiful person.
296
00:15:10,786 --> 00:15:12,746
Guys would notice him,
girls would notice him,
297
00:15:12,746 --> 00:15:14,748
like, everybody was always looking at him.
298
00:15:15,582 --> 00:15:17,626
NARRATOR:
Ed McDevitt was no different.
299
00:15:17,626 --> 00:15:21,964
One look, and they were hooking up
that night at Jesse's place.
300
00:15:21,964 --> 00:15:25,634
♪ dance music playing ♪
301
00:15:29,972 --> 00:15:33,684
Ed confirms that the condom
police recovered from Jesse's apartment
302
00:15:33,684 --> 00:15:36,395
was from this first encounter.
303
00:15:36,395 --> 00:15:37,938
SWINGLE:
And then on Friday night,
304
00:15:37,938 --> 00:15:39,231
Ed saw him again at that party.
305
00:15:40,107 --> 00:15:42,901
NARRATOR: After Jesse and Ed
left Krystal's party together,
306
00:15:42,901 --> 00:15:45,821
they chatted on the sidewalk
outside her house.
307
00:15:45,821 --> 00:15:47,489
SWINGLE:
Jesse wanted Ed to come home with him
308
00:15:47,489 --> 00:15:50,576
but Ed said, "No, I have to go to work
at 6:00 in the morning."
309
00:15:50,576 --> 00:15:52,160
He was a chef.
310
00:15:52,160 --> 00:15:56,206
And so Jesse ended up
walking home by himself.
311
00:15:56,206 --> 00:16:00,085
♪ Don't let the sun go down ♪
312
00:16:00,085 --> 00:16:03,088
♪
313
00:16:03,088 --> 00:16:04,756
NARRATOR:
Ed tells the investigators
314
00:16:04,756 --> 00:16:07,134
that when he got home,
he went right to bed.
315
00:16:08,427 --> 00:16:11,847
And that's his alibi for when they think
Jesse was murdered.
316
00:16:11,847 --> 00:16:13,849
It's not a strong one.
317
00:16:13,849 --> 00:16:18,353
♪
318
00:16:18,353 --> 00:16:21,315
SWINGLE:
The knife that cut his neck
had a serrated blade.
319
00:16:22,399 --> 00:16:25,235
So the one thing that worried them
about Ed McDevitt
320
00:16:25,235 --> 00:16:28,488
was he was a chef
who had access to a lot of knives.
321
00:16:28,488 --> 00:16:29,489
[camera shutter clicks]
322
00:16:31,283 --> 00:16:33,535
NARRATOR:
Before they release Ed and Eric,
323
00:16:33,535 --> 00:16:36,830
investigators ask for
and receive DNA samples
324
00:16:36,830 --> 00:16:38,707
that might connect them back to the crime.
325
00:16:39,750 --> 00:16:42,586
That DNA could break the case wide open.
326
00:16:43,754 --> 00:16:47,341
But it'll take several agonizing weeks
to get the results.
327
00:16:51,178 --> 00:16:56,767
Then, the police receive an anonymous call
that turns the investigation on its head.
328
00:16:56,767 --> 00:16:59,019
♪
329
00:16:59,019 --> 00:17:01,730
- One of the tips that we get says that
330
00:17:01,730 --> 00:17:04,775
Jesse Valencia was having a relationship
331
00:17:05,400 --> 00:17:07,528
with a married Columbia police officer
332
00:17:08,320 --> 00:17:09,863
at the time of the crime.
333
00:17:10,614 --> 00:17:11,823
Whoever called mentioned
334
00:17:11,823 --> 00:17:14,743
that this Columbia police officer
was married
335
00:17:14,743 --> 00:17:16,119
and had a young child.
336
00:17:17,746 --> 00:17:19,790
SWINGLE:
Making the police department realize
337
00:17:19,790 --> 00:17:23,585
we have to look into the possibility
that maybe it's one of our own.
338
00:17:24,127 --> 00:17:27,214
♪
339
00:17:28,298 --> 00:17:31,885
BOEHM: We did not have
any openly gay male officers.
340
00:17:32,845 --> 00:17:37,683
And so it's a police officer
who may have that relationship
341
00:17:37,683 --> 00:17:40,102
on the side away from his family.
342
00:17:40,102 --> 00:17:42,479
♪
343
00:17:42,479 --> 00:17:44,523
We can't discount the fact
that it might be someone
344
00:17:44,523 --> 00:17:46,859
who just has a beef
with the police department
345
00:17:46,859 --> 00:17:48,861
trying to cause a problem.
346
00:17:50,195 --> 00:17:52,489
But you don't know that
until you follow the lead.
347
00:17:53,115 --> 00:17:54,157
[siren wailing in distance]
348
00:17:58,620 --> 00:18:01,415
NARRATOR:
The anonymous tip gains more credibility
349
00:18:01,415 --> 00:18:05,961
when investigators bring 21-year-old
Andy Schermerhorn in for questioning.
350
00:18:06,461 --> 00:18:09,173
Andy is one of Jesse's former boyfriends.
351
00:18:09,173 --> 00:18:12,926
SWINGLE: Andy Schermerhorn
gave some blockbuster information.
352
00:18:12,926 --> 00:18:17,556
He said, "I was at Jesse's house
on May 14th
353
00:18:17,556 --> 00:18:20,475
and we were in bed together
having sexual activity."
354
00:18:21,560 --> 00:18:24,563
Around 3:30 in the morning,
there was a knock at the door
355
00:18:25,814 --> 00:18:27,858
and Jesse answered the door
356
00:18:27,858 --> 00:18:29,943
and there was a police officer in uniform.
357
00:18:29,943 --> 00:18:33,071
♪
358
00:18:33,071 --> 00:18:34,656
Andy Schermerhorn said,
359
00:18:34,656 --> 00:18:37,618
"I got frightened
and I stood up on the bed
360
00:18:37,618 --> 00:18:40,162
and I was afraid something terrible
was gonna happen."
361
00:18:40,162 --> 00:18:42,164
And Jesse said, "No, it's okay, it's okay.
362
00:18:42,164 --> 00:18:43,332
"He's cool, he's cool.
363
00:18:43,332 --> 00:18:46,001
"And the police officer
took off his gun belt
364
00:18:46,001 --> 00:18:48,295
and put it on the cabinet
and joined us in bed."
365
00:18:53,217 --> 00:18:56,345
After it was over, the police officer
looked at Jesse and said,
366
00:18:56,345 --> 00:18:57,513
"This has got to be a secret."
367
00:18:57,513 --> 00:18:59,389
And he did not give his name.
368
00:18:59,389 --> 00:19:02,434
♪
369
00:19:02,434 --> 00:19:04,102
NARRATOR:
They ask Andy if he might be able
370
00:19:04,102 --> 00:19:06,855
to identify the officer
if he saw him again.
371
00:19:06,855 --> 00:19:08,649
♪
372
00:19:08,649 --> 00:19:09,900
SWINGLE:
And Andy Schermerhorn said,
373
00:19:09,900 --> 00:19:12,611
"I saw him out in the hall.
It was that guy we passed in the hall."
374
00:19:16,281 --> 00:19:20,577
♪
375
00:19:23,330 --> 00:19:26,083
♪
376
00:19:27,960 --> 00:19:31,463
NARRATOR:
The day after Jesse Valencia
is found with his throat slit,
377
00:19:32,381 --> 00:19:35,968
one of Jesse's former lovers
has just stunned detectives.
378
00:19:36,510 --> 00:19:38,846
He told them that one of their colleagues,
379
00:19:38,846 --> 00:19:41,807
a police officer
who he just passed in the hall,
380
00:19:41,807 --> 00:19:44,518
had a sexual encounter with him and Jesse.
381
00:19:44,518 --> 00:19:48,397
♪
382
00:19:48,397 --> 00:19:51,525
♪ The light of the day ♪
383
00:19:51,525 --> 00:19:54,361
♪ After midnight ♪
384
00:19:54,361 --> 00:19:57,906
♪ All the bad things happen ♪
385
00:19:57,906 --> 00:20:00,117
WESTBROOK:
That was a shocking piece of information.
386
00:20:00,909 --> 00:20:04,454
And so we went back,
"Well, who did we walk past?"
387
00:20:04,955 --> 00:20:08,208
And we walked past an officer
by the name of Steven Rios.
388
00:20:10,252 --> 00:20:13,172
NARRATOR:
It's the same officer
that was standing guard
389
00:20:13,172 --> 00:20:17,134
over Jesse Valencia's apartment
after his body was found.
390
00:20:17,134 --> 00:20:19,261
♪ Bad things happen ♪
391
00:20:20,888 --> 00:20:24,016
♪
392
00:20:24,016 --> 00:20:26,560
- Steven Rios
was a married Columbia police officer.
393
00:20:27,060 --> 00:20:31,064
Young, in his 20s
with a brand new child.
394
00:20:31,899 --> 00:20:35,319
Had only been on our department
two or three years at that time.
395
00:20:35,319 --> 00:20:38,572
And by all accounts, doing a great job.
396
00:20:38,572 --> 00:20:41,325
♪
397
00:20:41,325 --> 00:20:43,160
NARRATOR:
Investigators discover
398
00:20:43,160 --> 00:20:45,454
that seven weeks earlier,
399
00:20:45,454 --> 00:20:48,415
Steven Rios had arrested Jesse Valencia.
400
00:20:50,167 --> 00:20:53,337
- On April 18th of 2004,
401
00:20:53,337 --> 00:20:57,674
three of Jesse's friends, all females,
were having a party.
402
00:20:58,217 --> 00:21:02,721
And the police were called twice
for noise violations at that apartment.
403
00:21:05,807 --> 00:21:10,395
Jesse Valencia got between
the girls and Officer Steve Rios
404
00:21:11,605 --> 00:21:15,025
and said, "What's your probable cause
for arresting my friends?"
405
00:21:16,693 --> 00:21:18,111
NARRATOR:
Rios arrested Jesse
406
00:21:18,111 --> 00:21:20,072
and wrote him a ticket to appear in court.
407
00:21:21,323 --> 00:21:22,533
[police radio chatter]
408
00:21:22,533 --> 00:21:25,953
The charge,
"obstructing a governmental operation."
409
00:21:26,537 --> 00:21:30,874
♪
410
00:21:30,874 --> 00:21:33,460
When Rios showed up for work
on the day of the murder,
411
00:21:34,044 --> 00:21:35,754
he didn't hide that he knew the victim.
412
00:21:36,380 --> 00:21:37,756
SWINGLE:
He said, "Yes, that's a person
413
00:21:37,756 --> 00:21:39,675
"I had arrested six weeks earlier,
414
00:21:39,675 --> 00:21:41,802
for obstructing a governmental operation."
415
00:21:43,595 --> 00:21:45,639
♪
416
00:21:45,639 --> 00:21:47,432
NARRATOR:
But what alarms investigators
417
00:21:47,432 --> 00:21:50,561
is that on the day Jesse was found dead,
418
00:21:50,561 --> 00:21:53,313
Rios was assigned to stand guard
over Jesse's apartment.
419
00:21:53,313 --> 00:21:54,231
[camera shutter clicks]
420
00:21:55,983 --> 00:21:59,528
Is it possible Rios went inside
to tamper with evidence
421
00:21:59,528 --> 00:22:01,905
that might expose him as Jesse's lover,
422
00:22:01,905 --> 00:22:04,992
or maybe even as Jesse's killer?
423
00:22:10,497 --> 00:22:12,165
BOEHM:
On June 8th,
424
00:22:12,165 --> 00:22:15,460
now three days after the fact,
very odd thing happens.
425
00:22:17,045 --> 00:22:19,631
Steven Rios comes
to the police department,
426
00:22:19,631 --> 00:22:22,718
goes to the sergeant in charge
of the investigation and says,
427
00:22:23,510 --> 00:22:26,513
"Hey, sergeant, I've heard
about this tip that you got.
428
00:22:27,139 --> 00:22:28,682
"You might hear my name,
429
00:22:28,682 --> 00:22:30,100
but I want you to know it's not me."
430
00:22:32,352 --> 00:22:35,022
SWINGLE: The detective,
he'd already talked to Andy Schermerhorn
431
00:22:35,022 --> 00:22:37,733
and so he said to Steven Rios,
432
00:22:37,733 --> 00:22:40,944
Andy Schermerhorn said on May 14th
433
00:22:40,944 --> 00:22:43,906
that you came by in uniform
at 3:30 in the morning
434
00:22:43,906 --> 00:22:46,074
and joined them for sexual activity.
435
00:22:46,074 --> 00:22:48,577
And he said... "Sex?"
436
00:22:48,577 --> 00:22:52,456
♪ Now it appears to be a point
you're trying to make clear to me ♪
437
00:22:52,456 --> 00:22:53,665
NARRATOR:
Rios eventually admits
438
00:22:53,665 --> 00:22:55,751
that he had sex with Jesse six times
439
00:22:55,751 --> 00:22:57,294
since he had arrested him.
440
00:22:57,294 --> 00:22:59,379
♪
441
00:22:59,379 --> 00:23:02,883
The last time being
a week before he was found dead.
442
00:23:02,883 --> 00:23:05,135
- He said, "I didn't tell anybody
'cause I'm married
443
00:23:05,135 --> 00:23:08,138
and my wife said she'd leave me
if ever had an affair with anybody."
444
00:23:08,138 --> 00:23:10,557
♪ What I heard about you
I ain't hear it from you ♪
445
00:23:10,557 --> 00:23:12,768
"We had sex, but no, I didn't kill him
446
00:23:12,768 --> 00:23:15,604
and I have no idea
who did or what happened to him."
447
00:23:15,604 --> 00:23:18,482
♪
448
00:23:18,482 --> 00:23:21,527
NARRATOR:
Rios is placed on leave
until he can be completely cleared.
449
00:23:22,152 --> 00:23:24,821
He cooperates fully with investigators,
450
00:23:24,821 --> 00:23:28,283
giving them permission
to search his car and his house.
451
00:23:28,283 --> 00:23:30,994
They find no evidence
that links him to the murder.
452
00:23:32,037 --> 00:23:36,333
- Even though Steven Rios
admits to the relationship,
453
00:23:36,333 --> 00:23:38,794
it doesn't necessarily mean
that he's involved in the homicide.
454
00:23:43,006 --> 00:23:45,425
♪
455
00:23:45,425 --> 00:23:47,427
NARRATOR:
Rios claims he last saw Jesse
456
00:23:47,427 --> 00:23:49,137
a week before he was killed.
457
00:23:49,721 --> 00:23:52,307
So investigators return
their focus to the people
458
00:23:52,307 --> 00:23:55,561
who were with Jesse
on the very night of his murder.
459
00:23:56,103 --> 00:23:58,814
BOEHM:
We did ask Erik Thurston and Ed McDevitt
460
00:23:58,814 --> 00:24:00,315
if we could search their apartment.
461
00:24:00,315 --> 00:24:02,234
Both of them agreed.
462
00:24:02,234 --> 00:24:04,444
NARRATOR:
They're looking for bloody clothing,
463
00:24:04,444 --> 00:24:05,779
or a serrated chef's knife.
464
00:24:06,572 --> 00:24:09,950
Any evidence that could
potentially tie them to Jesse's murder.
465
00:24:13,745 --> 00:24:16,206
- We did search
and did not find any type of evidence
466
00:24:16,206 --> 00:24:18,250
that we thought
was related to the crime there.
467
00:24:21,837 --> 00:24:24,464
♪
468
00:24:24,464 --> 00:24:27,467
NARRATOR: Investigators are able
to track down Kevin,
469
00:24:27,467 --> 00:24:30,721
the hookup who was Eric Thurston's alibi
for the night of the murder.
470
00:24:30,721 --> 00:24:32,222
[ringing]
471
00:24:32,222 --> 00:24:35,851
Kevin tells them
that Eric was with him the entire night,
472
00:24:35,851 --> 00:24:39,730
so Ed McDevitt's roommate
is removed from the suspect list.
473
00:24:40,731 --> 00:24:43,525
As for Ed McDevitt, he still has no alibi.
474
00:24:44,109 --> 00:24:47,237
- Things were starting
to really narrow down.
475
00:24:48,030 --> 00:24:51,158
Ed McDevitt was a suspect,
along with Steven Rios.
476
00:24:53,243 --> 00:24:54,620
NARRATOR:
The police don't want news
477
00:24:54,620 --> 00:24:57,247
of the salacious affair to get out,
478
00:24:57,247 --> 00:25:00,626
but someone leaks
Steven Rios' name to the media.
479
00:25:01,168 --> 00:25:03,378
- Being in the LGBTQI+ community,
480
00:25:03,378 --> 00:25:05,422
I think sometimes
481
00:25:05,422 --> 00:25:07,341
we're looked at differently.
482
00:25:07,341 --> 00:25:10,219
We're looked at as a bad person,
483
00:25:10,219 --> 00:25:11,595
an immoral person,
484
00:25:11,595 --> 00:25:13,889
and I think the police
were embarrassed by that.
485
00:25:17,559 --> 00:25:20,979
NARRATOR:
Rios' exposed affair
humiliates him in front of family,
486
00:25:20,979 --> 00:25:24,024
fellow officers, and his community.
487
00:25:24,691 --> 00:25:29,112
And marks the start
of a very messy, very public meltdown.
488
00:25:30,447 --> 00:25:33,283
It begins when Rios
buys a shotgun at Walmart
489
00:25:34,409 --> 00:25:37,621
and contacts his colleagues
to tell them he's going to kill himself.
490
00:25:38,455 --> 00:25:39,957
SWINGLE:
They put him in a mental facility
491
00:25:39,957 --> 00:25:41,750
for mental health treatment
492
00:25:42,668 --> 00:25:45,045
'cause they considered him
a danger to himself or others.
493
00:25:46,255 --> 00:25:47,923
[ringing]
494
00:25:50,300 --> 00:25:51,802
WESTBROOK:
The next day,
495
00:25:51,802 --> 00:25:53,428
we were called by the facility,
496
00:25:54,263 --> 00:25:56,557
and they said Steven Rios has escaped.
497
00:25:56,557 --> 00:25:59,393
♪
498
00:25:59,393 --> 00:26:03,981
[police radio chatter]
499
00:26:03,981 --> 00:26:07,860
He's standing on a parking garage ledge,
500
00:26:08,652 --> 00:26:10,028
threatening to jump off.
501
00:26:10,028 --> 00:26:13,740
♪
502
00:26:13,740 --> 00:26:17,035
[siren wailing]
503
00:26:17,035 --> 00:26:20,122
NARRATOR:
Is Rios feeling shame
over having the affair?
504
00:26:21,832 --> 00:26:25,085
Or guilt over having committed murder?
505
00:26:25,085 --> 00:26:26,044
[waling continues]
506
00:26:26,044 --> 00:26:28,088
♪
507
00:26:32,342 --> 00:26:34,595
♪
508
00:26:34,595 --> 00:26:37,014
NARRATOR:
If your deepest, darkest secret,
509
00:26:38,307 --> 00:26:40,559
the one you'd do anything to protect
510
00:26:41,685 --> 00:26:43,187
was revealed to the world,
511
00:26:44,354 --> 00:26:46,356
how would you react?
512
00:26:48,734 --> 00:26:52,946
♪ There's something
I've been trying to hide ♪
513
00:26:52,946 --> 00:26:56,283
For Columbia, Missouri,
police officer Steven Rios,
514
00:26:56,283 --> 00:26:59,661
it's threatening to jump
from a four-story parking garage...
515
00:26:59,661 --> 00:27:02,122
♪ I am falling ♪
516
00:27:02,122 --> 00:27:04,833
...in full view of TV news cameras.
517
00:27:04,833 --> 00:27:07,711
♪
518
00:27:07,711 --> 00:27:10,088
♪ I don't wanna be saved ♪
519
00:27:10,088 --> 00:27:13,300
♪
520
00:27:13,300 --> 00:27:15,552
NEWSCASTER:
Steven Rios threatened to commit suicide.
521
00:27:15,552 --> 00:27:17,262
The reaction of a killer,
522
00:27:17,262 --> 00:27:19,473
or a cheating husband
who knew his life was over?
523
00:27:19,473 --> 00:27:23,101
[police radio chatter]
524
00:27:23,101 --> 00:27:25,479
WOHRLE:
I was like, "Come on, you need to be a man
525
00:27:25,479 --> 00:27:28,899
"and stand up and own what you did
526
00:27:28,899 --> 00:27:32,486
and not coward out
and do something like that."
527
00:27:32,486 --> 00:27:35,113
[siren wailing]
528
00:27:35,113 --> 00:27:39,201
- I was one of the officers assigned
to talk to Steven on that ledge.
529
00:27:39,201 --> 00:27:41,745
♪
530
00:27:41,745 --> 00:27:43,622
And I said,
"You don't wanna do this.
531
00:27:43,622 --> 00:27:45,958
♪
532
00:27:45,958 --> 00:27:47,584
Think about your son."
533
00:27:47,584 --> 00:27:50,003
NARRATOR:
For two hours,
534
00:27:50,003 --> 00:27:54,633
Rios keeps officers at bay
and spectators on edge.
535
00:27:54,633 --> 00:27:56,552
WESTBROOK:
Finally his field training officer
536
00:27:56,552 --> 00:27:59,638
who was a close friend of his
talked to him
537
00:27:59,638 --> 00:28:02,266
and Steven came down off that ledge.
538
00:28:02,266 --> 00:28:03,725
♪
539
00:28:03,725 --> 00:28:05,060
[bystanders cheer]
540
00:28:05,060 --> 00:28:10,357
And was subsequently transferred
to a more secure mental health facility.
541
00:28:12,234 --> 00:28:15,445
NARRATOR:
Even with Rios threatening suicide,
542
00:28:15,445 --> 00:28:18,198
the police have
no probable cause to arrest him
543
00:28:18,198 --> 00:28:19,867
for Jesse Valencia's murder.
544
00:28:20,701 --> 00:28:22,953
And he's not the only suspect.
545
00:28:22,953 --> 00:28:25,163
Ed McDevitt told police
546
00:28:25,163 --> 00:28:29,376
he was asleep by himself
at the time Jesse was murdered,
547
00:28:29,376 --> 00:28:31,003
so he has no alibi.
548
00:28:31,003 --> 00:28:32,629
♪
549
00:28:32,629 --> 00:28:34,131
But Rios does.
550
00:28:35,424 --> 00:28:39,261
- Rios said, "I got off work
at three o'clock in the morning.
551
00:28:40,512 --> 00:28:44,349
"I went upstairs and I drank some beer
with other officers on the rooftop.
552
00:28:46,059 --> 00:28:47,186
And then I drove home."
553
00:28:47,186 --> 00:28:52,274
♪
554
00:28:52,274 --> 00:28:53,483
- We talked to his wife and she goes,
555
00:28:53,483 --> 00:28:56,820
"Yes, he came home
between 5:15 and 5:30 a.m."
556
00:28:56,820 --> 00:28:59,198
♪
557
00:28:59,198 --> 00:29:00,866
And she remembered that...
558
00:29:00,866 --> 00:29:04,328
♪
559
00:29:04,328 --> 00:29:07,247
...because she'd been up
with their baby at that time.
560
00:29:08,040 --> 00:29:11,043
NARRATOR: When investigators
follow up on Rios' alibi,
561
00:29:11,043 --> 00:29:13,754
police dispatcher Leah Wooden
tells them
562
00:29:13,754 --> 00:29:17,883
she remembers Rios leaving the rooftop
at 4:47 in the morning.
563
00:29:19,510 --> 00:29:22,262
♪
564
00:29:22,262 --> 00:29:24,973
Swingle:
We actually had the police officers drive
565
00:29:24,973 --> 00:29:27,351
to see how long would it take
566
00:29:27,351 --> 00:29:30,521
to go from where Steven Rios
was drinking beer after work
567
00:29:30,521 --> 00:29:31,522
to Jesse's house.
568
00:29:31,522 --> 00:29:34,149
And then from there to Steven Rios' home.
569
00:29:34,149 --> 00:29:36,485
♪
570
00:29:36,485 --> 00:29:39,238
NARRATOR:
The entire drive takes only seven minutes.
571
00:29:39,905 --> 00:29:44,201
If Rios got home between
5:15 and 5:30, like his wife said,
572
00:29:45,953 --> 00:29:48,872
that means he had
between 20 and 35 minutes
573
00:29:48,872 --> 00:29:50,499
of unaccounted for time.
574
00:29:51,458 --> 00:29:54,378
But is that a large enough window
to chase someone down,
575
00:29:55,420 --> 00:29:58,340
kill them, then dispose of any evidence,
576
00:29:58,340 --> 00:30:00,175
including a murder weapon?
577
00:30:02,803 --> 00:30:05,973
BOEHM:
We were not able to ever recover
the murder weapon.
578
00:30:05,973 --> 00:30:09,101
But we had several officers
say that they remember
579
00:30:09,101 --> 00:30:11,520
Steven Rios carrying a knife
580
00:30:11,520 --> 00:30:13,939
similar to the one that we believe
was used in the crime.
581
00:30:15,274 --> 00:30:17,651
NARRATOR:
Ed McDevitt, a chef,
582
00:30:17,651 --> 00:30:19,820
also had access to a lot of knives,
583
00:30:19,820 --> 00:30:21,989
but Ed's motive is unclear.
584
00:30:21,989 --> 00:30:27,452
♪
585
00:30:27,452 --> 00:30:29,454
Then, a week after the murder,
586
00:30:29,454 --> 00:30:35,460
Jesse's best friend comes forward
with a new and shocking insight.
587
00:30:35,460 --> 00:30:36,879
♪
588
00:30:36,879 --> 00:30:38,463
SWINGLE:
Joan Sheridan said
589
00:30:38,463 --> 00:30:41,258
when Jesse went to court
on his first appearance
590
00:30:41,258 --> 00:30:44,219
on his case for
obstructing governmental personnel,
591
00:30:44,219 --> 00:30:47,472
that was May 25th,
the case did not get thrown out
592
00:30:47,472 --> 00:30:49,349
like he thought for sure it would be.
593
00:30:49,349 --> 00:30:50,934
[siren wailing]
594
00:30:50,934 --> 00:30:53,437
♪
595
00:30:53,437 --> 00:30:54,771
NARRATOR:
Jesse was certain
596
00:30:54,771 --> 00:30:57,441
that if he was sleeping with the officer
who gave him the ticket,
597
00:30:57,441 --> 00:31:00,485
he would of course
pull some strings to get it dropped.
598
00:31:01,236 --> 00:31:02,779
- He said,
"If this case doesn't get thrown out,
599
00:31:02,779 --> 00:31:05,157
"I've got a little secret
the chief of police might wanna know."
600
00:31:05,157 --> 00:31:08,911
♪
601
00:31:08,911 --> 00:31:12,915
And so, that leads you to believe
that it was possible
602
00:31:12,915 --> 00:31:15,709
that the next time
Officer Steven Rios rode up,
603
00:31:15,709 --> 00:31:17,753
Jesse confronted him about,
"Are you married?
604
00:31:17,753 --> 00:31:20,422
"I have a little secret
that the chief of police
might wanna know,"
605
00:31:20,422 --> 00:31:23,425
and that confrontation
might have led to his throat getting cut.
606
00:31:23,425 --> 00:31:26,845
♪
607
00:31:26,845 --> 00:31:27,971
[groans]
608
00:31:33,894 --> 00:31:36,188
BOEHM:
So we have a motive.
609
00:31:36,188 --> 00:31:38,690
Jesse Valencia had said
610
00:31:38,690 --> 00:31:41,235
that he was
going to come to our department
611
00:31:41,235 --> 00:31:45,405
and tell me about the relationship
with Steven Rios.
612
00:31:47,282 --> 00:31:50,911
- Steven Rios had given
all the power to Jesse Valencia
613
00:31:52,788 --> 00:31:56,124
for Jesse Valencia to ruin him
if Jesse wanted to.
614
00:31:56,124 --> 00:31:59,211
♪
615
00:32:02,714 --> 00:32:05,217
♪
616
00:32:05,217 --> 00:32:07,177
NARRATOR:
The evidence is compelling,
617
00:32:07,177 --> 00:32:08,929
but it's all circumstantial.
618
00:32:09,680 --> 00:32:12,808
What the police need
is some strong physical evidence
619
00:32:12,808 --> 00:32:16,019
that links Jesse's murder
to one of the prime suspects:
620
00:32:16,019 --> 00:32:19,189
Steven Rios or Ed McDevitt.
621
00:32:19,189 --> 00:32:22,609
♪ I know something that they don't ♪
622
00:32:23,235 --> 00:32:26,405
Now, almost a month
after Jesse was killed,
623
00:32:26,405 --> 00:32:28,365
maybe they'll finally get their answer.
624
00:32:30,534 --> 00:32:33,662
The results are back on the DNA
collected at Jesse's autopsy.
625
00:32:34,830 --> 00:32:38,083
Will they finally prove
who killed Jesse Valencia?
626
00:32:38,083 --> 00:32:41,336
♪ And I can't breathe ♪
627
00:32:46,133 --> 00:32:50,262
♪
628
00:32:50,262 --> 00:32:51,513
NARRATOR:
A secret without facts
629
00:32:51,513 --> 00:32:54,391
to back it up is just a rumor.
630
00:32:54,391 --> 00:32:57,019
♪
631
00:32:57,019 --> 00:33:00,898
Now, the science of DNA testing
will reveal the facts
632
00:33:00,898 --> 00:33:03,025
behind Jesse Valencia's murder.
633
00:33:03,525 --> 00:33:05,611
- One of the most difficult times for us
634
00:33:05,611 --> 00:33:07,446
was the period of time
635
00:33:07,446 --> 00:33:09,656
where we don't have enough
to arrest a suspect,
636
00:33:09,656 --> 00:33:12,784
and so we're waiting
for the DNA information.
637
00:33:13,410 --> 00:33:17,289
In this case, it turned out
to actually be very critical evidence.
638
00:33:22,252 --> 00:33:23,879
♪
639
00:33:23,879 --> 00:33:26,173
NARRATOR:
The condom found in Jesse's apartment
640
00:33:26,173 --> 00:33:30,928
has Jesse's and Ed McDevitt's DNA
on the inside and outside.
641
00:33:31,595 --> 00:33:34,932
- Not surprisingly, it corroborated
with what Ed McDevitt had said
642
00:33:34,932 --> 00:33:37,184
about the sexual activity
that they had had.
643
00:33:38,185 --> 00:33:39,770
NARRATOR:
But they had also found DNA
644
00:33:39,770 --> 00:33:42,064
under Jesse's fingernails.
645
00:33:42,064 --> 00:33:44,066
Who did that belong to?
646
00:33:44,066 --> 00:33:46,860
♪
647
00:33:46,860 --> 00:33:49,655
- Underneath the fingernails
of the dead young man
648
00:33:49,655 --> 00:33:51,823
there was Steven Rios' DNA.
649
00:33:51,823 --> 00:33:55,035
♪
650
00:33:55,035 --> 00:33:56,745
NARRATOR:
It's common in a physical assault
651
00:33:56,745 --> 00:33:58,372
for the DNA of the attacker
652
00:33:58,372 --> 00:34:01,416
to end up under the fingernails
of the victim.
653
00:34:02,960 --> 00:34:06,922
- Rios denied that there was
any kind of a physical altercation.
654
00:34:07,422 --> 00:34:10,008
And so the fact that there was
DNA under the nails
655
00:34:10,008 --> 00:34:12,010
turned out to be
very critical information.
656
00:34:12,010 --> 00:34:15,430
♪
657
00:34:15,430 --> 00:34:17,015
NARRATOR:
But there's more.
658
00:34:17,015 --> 00:34:21,019
The arm hairs the medical examiner
found on Jesse's chest?
659
00:34:21,019 --> 00:34:25,816
Only one in 57 trillion people
would match to those hairs.
660
00:34:26,733 --> 00:34:30,445
And they match to Steven Rios.
661
00:34:30,445 --> 00:34:32,322
♪
662
00:34:32,322 --> 00:34:35,659
SWINGLE:
So that was completely damning evidence.
663
00:34:35,659 --> 00:34:37,828
The only thing he could not cover,
664
00:34:37,828 --> 00:34:40,330
uh, was the DNA
that he'd left on the body.
665
00:34:40,330 --> 00:34:43,166
♪
666
00:34:44,501 --> 00:34:49,756
♪
667
00:34:49,756 --> 00:34:50,966
BOEHM:
I was so angry about it.
668
00:34:52,009 --> 00:34:55,762
The last thing I wanted to do
was get in front of a camera and say,
669
00:34:55,762 --> 00:34:58,765
"We have arrested
a Columbia police officer for homicide."
670
00:34:58,765 --> 00:35:00,475
♪
671
00:35:00,475 --> 00:35:02,227
But that's what we had to do.
672
00:35:02,769 --> 00:35:05,230
I said, "I want y'all to understand that
673
00:35:06,106 --> 00:35:09,193
we want this person to be in prison."
674
00:35:09,651 --> 00:35:12,779
This person violated everyone's faith.
675
00:35:12,779 --> 00:35:16,116
♪
676
00:35:21,163 --> 00:35:23,290
WOHRLE: Hearing that it was
a married police officer
677
00:35:23,290 --> 00:35:25,125
he was involved with was,
678
00:35:25,792 --> 00:35:27,669
like, just couldn't believe it.
679
00:35:29,463 --> 00:35:33,258
Anybody who's in a position
to where you serve other people, period,
680
00:35:33,258 --> 00:35:37,804
would utilize that power
to start the relationship
681
00:35:38,889 --> 00:35:42,601
and not being open and honest
about who he is as well,
682
00:35:42,601 --> 00:35:45,312
the whole thing just feels gross to me.
683
00:35:45,312 --> 00:35:46,813
♪
684
00:35:49,316 --> 00:35:51,777
NARRATOR:
Joan Sheridan had told investigators
685
00:35:51,777 --> 00:35:55,364
that the first time
Rios showed up at Jesse's apartment,
686
00:35:55,364 --> 00:35:59,743
Jesse was seduced by the power
of his uniform, badge, and gun.
687
00:36:00,369 --> 00:36:04,706
Something Rios was counting on,
and had done before.
688
00:36:04,706 --> 00:36:07,543
♪
689
00:36:07,543 --> 00:36:09,461
SWINGLE:
After I had filed the charge
690
00:36:09,461 --> 00:36:10,379
against Steven Rios,
691
00:36:11,088 --> 00:36:12,506
three women came forward
692
00:36:14,049 --> 00:36:16,176
who said that Rios had also made
693
00:36:16,176 --> 00:36:18,220
inappropriate advances toward them.
694
00:36:20,013 --> 00:36:23,350
So it did seem like
Rios was using his badge,
695
00:36:23,350 --> 00:36:25,644
not just on Jesse Valencia for sex,
696
00:36:25,644 --> 00:36:28,188
but potentially other people as well.
697
00:36:28,856 --> 00:36:30,774
♪
698
00:36:30,774 --> 00:36:32,359
NARRATOR:
Steven Rios goes to trial
699
00:36:32,359 --> 00:36:35,654
on May 17th, 2005.
700
00:36:36,697 --> 00:36:40,200
At this point,
there are no secrets left to hide.
701
00:36:41,577 --> 00:36:43,370
Along with presenting the evidence,
702
00:36:43,996 --> 00:36:45,956
prosecutors want the jury to hear
703
00:36:45,956 --> 00:36:49,418
Jesse's own words from beyond the grave.
704
00:36:49,418 --> 00:36:51,962
♪
705
00:36:51,962 --> 00:36:54,548
SWINGLE: I went ahead
and put Joan Sheridan on the stand
706
00:36:54,548 --> 00:36:57,301
so the jury could hear
that Jesse had made those comments that,
707
00:36:57,301 --> 00:36:59,136
"The next time he comes over,
I'm gonna confront him
708
00:36:59,136 --> 00:37:01,805
"about the fact
that my ticket hasn't gone away
709
00:37:01,805 --> 00:37:03,140
"and that I have a little secret
710
00:37:03,140 --> 00:37:06,310
the chief of police might wanna know...
if it doesn't."
711
00:37:06,310 --> 00:37:10,647
♪
712
00:37:10,647 --> 00:37:13,150
NARRATOR:
Rios takes the stand in his own defense.
713
00:37:13,609 --> 00:37:17,863
He tells the jury that while he may be
a liar and an adulterer,
714
00:37:17,863 --> 00:37:19,448
he is not a murderer.
715
00:37:21,491 --> 00:37:23,327
But will the jury believe him?
716
00:37:24,036 --> 00:37:25,287
SWINGLE:
Anytime a defendant testifies
717
00:37:26,663 --> 00:37:28,874
all you have to have
is one jury member believe him
718
00:37:28,874 --> 00:37:32,169
and it would be a hung jury
or a not guilty verdict.
719
00:37:33,295 --> 00:37:35,547
NARRATOR:
After four days of viewing evidence
720
00:37:35,547 --> 00:37:37,174
and hearing testimony,
721
00:37:37,174 --> 00:37:38,842
the jury gets the case.
722
00:37:40,385 --> 00:37:43,889
They deliberate for 14 hours
before reaching a verdict.
723
00:37:45,641 --> 00:37:48,352
SWINGLE:
Steven Rios testified
724
00:37:48,352 --> 00:37:50,479
and the jury did not believe him.
725
00:37:50,979 --> 00:37:53,273
And they came back
with first-degree murder,
726
00:37:53,273 --> 00:37:54,691
which was life without parole,
727
00:37:54,691 --> 00:37:57,611
and another 20 years
on the armed criminal action.
728
00:37:57,611 --> 00:38:00,489
♪
729
00:38:00,489 --> 00:38:03,075
Steven Rios used his badge for sex
730
00:38:03,659 --> 00:38:07,162
and then he used his knife
to shut the mouth of his lover forever.
731
00:38:11,333 --> 00:38:15,045
♪
732
00:38:17,589 --> 00:38:19,967
WOHRLE:
The day that the verdict was given,
733
00:38:19,967 --> 00:38:22,845
it was just a huge sense of relief
734
00:38:22,845 --> 00:38:25,180
knowing that the person who did that
735
00:38:25,180 --> 00:38:27,307
is not gonna be able to do that
to another person.
736
00:38:27,307 --> 00:38:30,602
♪ Would you catch me if I fell? ♪
737
00:38:30,602 --> 00:38:32,187
♪
738
00:38:32,187 --> 00:38:34,898
NARRATOR:
Every tip and lead investigators received
739
00:38:34,898 --> 00:38:37,150
about Steven Rios came about
740
00:38:37,150 --> 00:38:39,695
because Jesse couldn't stop
telling his secret.
741
00:38:40,404 --> 00:38:43,115
And that's how he brought
his killer to justice.
742
00:38:43,115 --> 00:38:46,201
♪
743
00:38:46,201 --> 00:38:48,620
BOEHM:
No one was happier than we were.
744
00:38:48,620 --> 00:38:51,415
Not only did this person
commit a horrible crime,
745
00:38:52,082 --> 00:38:54,543
but they violated everyone's trust
746
00:38:54,543 --> 00:38:57,629
because they're the person
you're supposed to go to for help
747
00:38:58,630 --> 00:39:01,175
and yet they're the person
who committed the crime.
748
00:39:07,848 --> 00:39:10,601
♪
749
00:39:10,601 --> 00:39:12,019
NARRATOR:
Two years later,
750
00:39:12,019 --> 00:39:14,730
with Rios in
the South Dakota State Penitentiary
751
00:39:14,730 --> 00:39:16,523
in Sioux Falls,
752
00:39:16,523 --> 00:39:20,485
an appeals court rules
that the secrets Jesse told Joan Sheridan
753
00:39:20,485 --> 00:39:23,614
were inadmissible in court
because they were hearsay.
754
00:39:24,781 --> 00:39:27,159
They overturn Steven Rios' conviction.
755
00:39:28,243 --> 00:39:31,538
Prosecutors now have to try Rios
a second time
756
00:39:31,538 --> 00:39:33,165
without that testimony.
757
00:39:34,082 --> 00:39:35,626
SWINGLE:
This time the jury came back
758
00:39:35,626 --> 00:39:37,085
with second-degree murder
759
00:39:37,085 --> 00:39:39,546
and they came back with
armed criminal action again.
760
00:39:39,546 --> 00:39:40,839
♪
761
00:39:40,839 --> 00:39:44,635
Steven Rios got life in prison
for the second-degree murder.
762
00:39:44,635 --> 00:39:46,053
The difference is,
on a first-degree murder,
763
00:39:46,053 --> 00:39:47,554
he never would have gotten out.
764
00:39:47,554 --> 00:39:49,515
♪
765
00:39:49,515 --> 00:39:51,558
With second-degree murder,
he could conceivably get out,
766
00:39:52,100 --> 00:39:53,477
as an old man someday.
767
00:39:54,186 --> 00:39:57,856
♪
768
00:39:59,900 --> 00:40:02,611
WOHRLE:
I came out right after high school at 18
769
00:40:02,611 --> 00:40:04,112
and Jesse followed suit.
770
00:40:05,364 --> 00:40:07,449
Our families were so supportive.
771
00:40:07,449 --> 00:40:10,327
I believe if Steven would have had that,
772
00:40:10,327 --> 00:40:13,205
I think the outcome
would've been completely different.
773
00:40:13,205 --> 00:40:15,582
♪
774
00:40:15,582 --> 00:40:18,001
I hope now that while he's in jail,
775
00:40:18,001 --> 00:40:21,880
he really thinks about
hiding that secret, who he was.
776
00:40:22,840 --> 00:40:24,758
And I hope that that is something
777
00:40:24,758 --> 00:40:27,135
that's constantly on his heart
moving forward.
778
00:40:27,636 --> 00:40:29,721
Because you can't change who you are.
779
00:40:30,389 --> 00:40:34,685
♪ I'm suffocating on my own words ♪
780
00:40:34,685 --> 00:40:38,480
♪ Too afraid to let them know ♪
781
00:40:38,480 --> 00:40:41,358
NARRATOR:
Jesse's out, loud, and proud spirit
782
00:40:41,358 --> 00:40:45,237
is probably doing cartwheels in heaven
to know that today,
783
00:40:45,237 --> 00:40:47,739
at least
in the Columbia Police Department,
784
00:40:48,574 --> 00:40:50,325
there are fewer secrets.
785
00:40:50,325 --> 00:40:52,411
- For the first time, I have a gay man
786
00:40:52,411 --> 00:40:57,291
who is our LGBTQ+ liaison
from the police department
787
00:40:57,291 --> 00:40:59,168
who is also our SWAT team commander.
788
00:40:59,168 --> 00:41:02,045
That's not something
you would have expected
789
00:41:02,671 --> 00:41:03,714
even ten years ago.
790
00:41:03,714 --> 00:41:07,634
♪
791
00:41:09,887 --> 00:41:11,889
NARRATOR:
It's a small step,
792
00:41:11,889 --> 00:41:13,432
but one that would not have been lost
793
00:41:13,432 --> 00:41:16,810
on the big-hearted social justice warrior
794
00:41:16,810 --> 00:41:19,855
that was Jesse Valencia.
795
00:41:19,855 --> 00:41:21,940
- If Jesse was still with us,
796
00:41:21,940 --> 00:41:23,775
I think he would've been
a really amazing lawyer.
797
00:41:24,651 --> 00:41:28,780
He would fight for you, he would do
anything he could to protect you.
798
00:41:29,489 --> 00:41:30,657
That's how he was.
799
00:41:30,657 --> 00:41:33,118
LUPE:
That's what he would be working on.
800
00:41:33,118 --> 00:41:35,537
Fighting for the little guy.
801
00:41:35,537 --> 00:41:37,122
♪
802
00:41:37,122 --> 00:41:39,541
That's what Jesse would want us to do.
803
00:41:41,627 --> 00:41:44,588
♪
804
00:41:48,675 --> 00:41:52,346
♪ I don't know where my head is sleeping ♪
805
00:41:52,346 --> 00:41:54,348
♪ Have I lost my mind? ♪
806
00:41:54,348 --> 00:42:00,354
♪
807
00:42:02,606 --> 00:42:06,109
♪ But I know that I have a secret ♪
808
00:42:06,109 --> 00:42:08,570
♪ That is only mine ♪
809
00:42:08,570 --> 00:42:12,366
♪
810
00:42:16,203 --> 00:42:19,623
♪ And the only way to find me ♪
811
00:42:19,623 --> 00:42:23,710
♪ Is to go beneath the lies ♪
812
00:42:23,710 --> 00:42:26,713
♪