1
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It's very much like
the movie "Clue."

2
00:00:09,552 --> 00:00:12,388
There were four people
in the house that night.

3
00:00:12,388 --> 00:00:15,475
79 minutes later,
one person is dead

4
00:00:15,475 --> 00:00:18,853
and three people
are saying "not me."

5
00:00:18,853 --> 00:00:21,397
What happened
to 32 year old Robert Wone,

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00:00:21,397 --> 00:00:24,275
the prominent Asian American
attorney found stabbed

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00:00:24,275 --> 00:00:27,612
{\an8}inside his friend's house
late Wednesday night.

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00:00:34,285 --> 00:00:35,995
{\an8}When I first walked in,
the three guys that were

9
00:00:35,995 --> 00:00:40,208
in the house, Joe Price,
Dylan Ward and Victor Zaborsky,

10
00:00:40,208 --> 00:00:41,876
they had white robes on.

11
00:00:41,876 --> 00:00:46,047
On the nightstand was the knife
from a knife set in the kitchen.

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There's just a little bit
of blood on the pullout bed.

13
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I remember thinking
there's something wrong here.

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Where's the rest of it?

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All the homicide detectives
were looking through it

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with homophobic lenses.

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"You're in a three-way
relationship,

18
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you're a freak, who else
would have done it but you?"

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{\an8}He went to school with Robert.
Joe was at his wedding.

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Joe threw a surprise party
for him.

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What was his motive?

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00:01:17,453 --> 00:01:19,622
We have a victim
with inexplicable

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needle puncture marks,
no defensive wounds,

24
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and three perfect,
almost surgical-like defects.

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Our own theory was he had
to be alive, paralyzed.

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When we were searchin'
Dylan's room,

27
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we found hundreds and hundreds
of sexual devices.

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The medical examiner
performed a rape kit.

29
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She found semen around his
genitalia and inside his rectum.

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An intruder doesn't
incapacitate

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and sexually assault somebody
and stabbed them three times,

32
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all unbeknown to the three guys
who live there.

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We get the DNA results back.

34
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It turns out
it's Robert's own semen.

35
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For the prosecution,
Glenn's job is linear.

36
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It's vertical.

37
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It's to build.

38
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Four people in the house,
one person dead.

39
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We think these guys did it.

40
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This is the motive.

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This is the murder weapon.

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And it just builds
and builds.

43
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As the defense,

44
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our job is nothing
but utter destruction.

45
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We just rip it apart.

46
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Bernie's a worthy adversary.

47
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Bernie's job is to pick apart
one piece of evidence here,

48
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one piece of evidence there.

49
00:02:50,505 --> 00:02:52,965
And that's what
defense attorneys do.

50
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My job as a prosecutor,
you put it together

51
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and you see
what picture emerges.

52
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There is no perfect crime,

53
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but this is about as close
to a perfect cover-up

54
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as I have ever seen.

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The body of
attorney Robert Wone

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was found stabbed to death
inside his friend's home.

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Police say someone broke
into this rowhouse

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and fatally stabbed
32 year old Robert Wone.

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A high-profile murder case that
turned a Dupont Circle townhouse

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into the center of a mystery.

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The murder has been
the talk of D.C. for years.

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Detectives believe Robert
was sexually assaulted

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and then murdered.

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Three D.C. men accused
of covering up

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the murder
of their friend Robert Wone.

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Four guys in the house,
one guy ends up dead,

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the other three say,
"I didn't do it."

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It's quite a mystery
we got in here.

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00:03:47,478 --> 00:03:51,315
The big question is,
who killed Robert Wone?

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So it is now four or five days
after the murder.

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We believe Robert
was incapacitated

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when he was stabbed,

73
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{\an8}and we know he had his own semen
inside his own anal cavity.

74
00:04:20,428 --> 00:04:22,055
{\an8}I remember thinking,

75
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{\an8}You've gotta be
fuckin' kiddin' me.

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00:04:24,599 --> 00:04:27,477
{\an8}We have semen,
and it's Robert's.

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The mystery was, how did
the semen get into his rectum?

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{\an8}Was it inserted there
for one reason or another

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{\an8}by someone who may have
sexually assaulted him?

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Who does it implicate?
Who does it exonerate?

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00:04:41,824 --> 00:04:45,828
These are now the investigative
paths we have to go down

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00:04:45,828 --> 00:04:48,790
to try to figure out
what happened to Robert.

83
00:04:48,790 --> 00:04:52,126
If Robert was involved
in sexual activity

84
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or if he was forcibly raped,

85
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you would see that
at the autopsy.

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None of that was found.

87
00:05:00,676 --> 00:05:04,389
But his semen was found
inside him.

88
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How does that happen?

89
00:05:08,142 --> 00:05:11,020
So now we begin to consider

90
00:05:11,020 --> 00:05:15,441
all of the fairly
sophisticated S&M equipment

91
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in Dylan's bedroom.

92
00:05:17,693 --> 00:05:22,240
One of the things that we found
in Dylan's room was

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a pulse electric
TENS machine.

94
00:05:25,451 --> 00:05:28,871
The ErosTek electro
stimulator device

95
00:05:28,871 --> 00:05:33,835
{\an8}designed to force
stimulate ejaculation.

96
00:05:33,835 --> 00:05:37,755
Well, now,
perhaps that's related

97
00:05:37,755 --> 00:05:40,133
to the fact that we found
Robert's semen

98
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inside his own anal cavity.

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Then the question is,
after Robert's semen got on him,

100
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was one of the sexual devices

101
00:05:49,350 --> 00:05:54,897
used to put Robert's semen
in him?

102
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It just sort of sends
the investigation off

103
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into a stratosphere

104
00:05:59,277 --> 00:06:03,197
where we're not all
that comfortable operating.

105
00:06:03,197 --> 00:06:07,201
{\an8}You can't ejaculate
unless you want to.

106
00:06:07,201 --> 00:06:10,037
{\an8}It has to be some desire
to be excited.

107
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You can't stick some mechanical
device onto your testicles

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and say, okay, now I feel good.

109
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He could have masturbated,
I don't know.

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But at the end of the day,
there is no DNA of Robert Wone

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found on any of the sex toys, period.

112
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Another one of Glenn's
dead-end theories.

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What-- what's the relevance
of Robert having his own semen

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in his own rectum?

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I have no idea
how that even happened.

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It was another one of those
missing pieces of the puzzle.

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Now, we're trying
to find something

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that was going to reveal a clue.

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So, we got a search warrant
for all the computers.

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All you had to do was go
to the basic history

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and find just thousands
and thousands of images of porn.

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There was a significant amount
of their own images

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00:07:07,929 --> 00:07:10,723
that Joe and Dylan created.

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It was a lot of bondage and S&M.

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If you asked anybody, Joe's
in charge in everyday life.

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Well, Joe was not in charge
in the bedroom,

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it was clearly Dylan.

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We learned that Dylan
was the dom and Joe was the sub.

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{\an8}BDSM relationships
are not designed to be equal.

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Dylan had a lot of power,
certainly in the bedroom.

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To find out what specifically
this BDSM relationship

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was between Joe and Dylan
is very important.

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Could you take that
to the next level?

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"I killed this person
and you will shut up about it."

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Is that the next level?

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The BDSM stuff is consensual.

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If I'm gay and I
have two partners

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and we have all sorts of dildos

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and electronic things
we attach to each other,

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you're gonna think
I murdered somebody?

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It's preposterous.

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Everybody is entitled to do
whatever they want

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as consenting adults,

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00:08:08,906 --> 00:08:11,868
but when you have somebody dead
in your guest room

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who apparently has been
either sexually assaulted

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or involved in sexual activity
of this nature,

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you have to explore
all these possibilities.

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We did a lot of research looking
for something

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that would tip us off.

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We discovered
Joe's online profile.

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Joe's profile was on
the particular

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kind of sex site, ALT.com.

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Activities enjoyed:
electro torture,

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EMS TENS unit,

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bondage, masochism,
master/slave, handcuffs,

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shackles, humiliation,
sensory deprivation,

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power exchange,
rack/medieval devices.

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The S&M relationship between
Joe and Dylan

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was not dress up in leather
and harnesses.

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It was inflicting pain,
it was caging in confinement.

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It tended more
towards the extreme.

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In Dylan's room, we found cases

163
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and cases of different
restraints and devices

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to hold another person down.

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If there was a way to restrain
Robert without injuries,

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I think Dylan and Joe

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were probably the guys
to know how to do it.

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They've got all
these torture devices.

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Why should it stop there?
Do you go a little farther

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and accidentally
or intentionally kill somebody?

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The assumption he was tortured,

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Where's the evidence of that?
None.

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There would had been
ligature marks

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tied around his wrists
like this,

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or on his neck, legs, ankles--
they found none of those.

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If Robert wasn't tortured,
the other side of the coin,

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or an alternative theory
was that

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Robert was a willing participant

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in a bondage,
sadomasochistic relationship,

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and something went wrong.

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I asked Mr. Price

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00:10:08,693 --> 00:10:11,154
every conceivable
question under the sun.

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00:10:11,154 --> 00:10:13,865
Did you make passes at Robert?
Did he make passes at you?

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Did he say, Hey, what is
this type of sex like?

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Did he come over to your house
because he was hiding it

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00:10:21,247 --> 00:10:22,498
from Kathy?

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Everything.
If I haven't asked it, tell me.

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Mr. Price told me
the exact same thing,

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that he told investigators.

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{\an8}Married men sometimes have
a fling

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{\an8}with somebody
of the same sex.

192
00:10:44,353 --> 00:10:45,813
{\an8}That's not unusual.

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Whether Robert Wone was agreeing

194
00:10:47,940 --> 00:10:50,526
to engage in a fantasy scene

195
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or an S&M
role-playing scenario

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00:10:53,279 --> 00:10:57,325
that got out of hand
and someone lost control,

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00:10:57,325 --> 00:10:58,868
we don't know.

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00:10:58,868 --> 00:11:01,871
Do I believe that Robert
went over there for that?

199
00:11:01,871 --> 00:11:03,498
Absolutely not.

200
00:11:03,498 --> 00:11:07,919
There would be
some type of evidence to show

201
00:11:07,919 --> 00:11:09,462
that he wanted to experiment

202
00:11:09,462 --> 00:11:13,383
or he was bisexual
or gay or whatever.

203
00:11:13,383 --> 00:11:14,926
There was nothing.

204
00:11:14,926 --> 00:11:16,761
He had computers.
He had a phone.

205
00:11:16,761 --> 00:11:21,099
There was nobody that came out
of the woodwork after the fact.

206
00:11:24,435 --> 00:11:27,772
There was another curious piece
of the puzzle:

207
00:11:27,772 --> 00:11:29,816
among Dr. Goslinoski's findings

208
00:11:29,816 --> 00:11:32,402
was that Robert
had his night guard

209
00:11:32,402 --> 00:11:33,820
in his mouth.

210
00:11:33,820 --> 00:11:36,739
His wife, Kathy, said the last
thing he did every night

211
00:11:36,739 --> 00:11:38,324
after he brushed his teeth,

212
00:11:38,324 --> 00:11:42,078
he would put his mouth guard in
and he would go to sleep.

213
00:11:42,078 --> 00:11:44,872
So if you have people who are
theorizing that Robert was there

214
00:11:44,872 --> 00:11:47,458
to partake in some kind of
sexual activity,

215
00:11:47,458 --> 00:11:50,837
why would his mouth guard
be in his mouth?

216
00:11:50,837 --> 00:11:52,922
Who has sex
with a mouth guard in?

217
00:12:02,098 --> 00:12:05,268
As the investigation
is unfolding,

218
00:12:05,268 --> 00:12:08,104
the toxicology results come in.

219
00:12:08,104 --> 00:12:11,023
You had the question,
was Robert drugged

220
00:12:11,023 --> 00:12:14,819
by one or others
inside the house that night?

221
00:12:16,779 --> 00:12:18,406
Now, remember, we have a victim

222
00:12:18,406 --> 00:12:20,450
with inexplicable needle
puncture marks,

223
00:12:20,450 --> 00:12:22,535
no defensive wounds,

224
00:12:22,535 --> 00:12:27,165
and three perfect,
almost surgical like defects.

225
00:12:27,165 --> 00:12:31,044
All of that suggested
he was unable to move.

226
00:12:31,044 --> 00:12:33,796
The chief toxicologist
for the District of Columbia

227
00:12:33,796 --> 00:12:35,798
runs a battery of tests--

228
00:12:35,798 --> 00:12:38,384
opioids, cocaine,
phencyclidine--

229
00:12:38,384 --> 00:12:41,804
drugs of abuse
that can be associated with

230
00:12:41,804 --> 00:12:44,932
people losing consciousness.

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00:12:44,932 --> 00:12:46,726
After the autopsy findings,

232
00:12:46,726 --> 00:12:52,023
{\an8}we were waiting for these
toxicology results to come back.

233
00:12:52,023 --> 00:12:54,400
We were looking for substances

234
00:12:54,400 --> 00:13:00,239
that would render a person
immobile or unconscious.

235
00:13:00,239 --> 00:13:04,869
We have witness testimony
that says that Joe and Dylan

236
00:13:04,869 --> 00:13:06,996
did use different drugs.

237
00:13:06,996 --> 00:13:08,915
We found ecstasy at the scene.

238
00:13:08,915 --> 00:13:11,918
Our own theory was Joe's
online screen name

239
00:13:11,918 --> 00:13:14,045
was short for ketamine.

240
00:13:16,381 --> 00:13:18,966
When that report came back...

241
00:13:20,593 --> 00:13:24,430
The results were negative.

242
00:13:28,393 --> 00:13:30,144
Clean.

243
00:13:31,521 --> 00:13:35,108
Now, they didn't test for
paralytics like succinylcholine,

244
00:13:35,108 --> 00:13:37,985
the most common
paralytic anesthetic

245
00:13:37,985 --> 00:13:42,240
used in the medical practice.

246
00:13:42,240 --> 00:13:45,827
But a tox screen
would not disclose

247
00:13:45,827 --> 00:13:49,122
if Robert had been injected
with succinylcholine

248
00:13:49,122 --> 00:13:52,708
because it naturally
breaks down into compounds

249
00:13:52,708 --> 00:13:55,503
that occur in the human body.

250
00:13:57,964 --> 00:14:00,258
Substances like succinylcholine

251
00:14:00,258 --> 00:14:03,302
have this pattern
of metabolism

252
00:14:03,302 --> 00:14:07,640
that makes them undetectable
after a period of time.

253
00:14:07,640 --> 00:14:11,227
It doesn't necessarily mean
that they were not used.

254
00:14:11,227 --> 00:14:16,524
It just means that we can't
prove that they were used.

255
00:14:18,359 --> 00:14:19,986
One of the theories run up
the flagpole

256
00:14:19,986 --> 00:14:23,239
was that Robert
was incapacitated.

257
00:14:23,239 --> 00:14:26,242
If there's a paralytic drug,
they would have found it.

258
00:14:26,242 --> 00:14:29,245
Look at the autopsy report,
there's no sign of it.

259
00:14:29,245 --> 00:14:30,913
It's defeated scientifically

260
00:14:30,913 --> 00:14:33,624
by the government's
own pathologist.

261
00:14:33,624 --> 00:14:37,670
None of it seems to make sense
because there's no evidence

262
00:14:37,670 --> 00:14:40,131
that they have
that Robert was drugged

263
00:14:40,131 --> 00:14:42,550
and then sexually assaulted.

264
00:14:42,550 --> 00:14:46,846
But there's evidence that
something very strange and wrong

265
00:14:46,846 --> 00:14:48,931
happened inside that house.

266
00:14:48,931 --> 00:14:50,767
You go down all these paths,

267
00:14:50,767 --> 00:14:53,811
you still come back
to the same questions.

268
00:14:53,811 --> 00:14:57,732
Was sexual assault part of
what happened that night or not?

269
00:14:57,732 --> 00:14:59,609
How did the semen
get into his rectum?

270
00:14:59,609 --> 00:15:03,154
Was Roberts shot up with
some sort of paralytic agent?

271
00:15:03,154 --> 00:15:06,491
And why didn't Robert react
after he was stabbed?

272
00:15:06,491 --> 00:15:08,785
And then you have to try
and cram everything into

273
00:15:08,785 --> 00:15:11,287
a 79-minute timeline.

274
00:15:11,287 --> 00:15:14,832
That's what makes the story
so maddening.

275
00:15:14,832 --> 00:15:16,334
It's so convoluted,

276
00:15:16,334 --> 00:15:19,045
so confusing,
so confounding.

277
00:15:19,045 --> 00:15:20,880
Nothing adds up.

278
00:15:20,880 --> 00:15:23,174
It's an Escher drawing.

279
00:15:23,174 --> 00:15:26,135
You get to the top
of the stairway...

280
00:15:26,135 --> 00:15:28,638
you actually find out
it's going down.

281
00:15:39,982 --> 00:15:43,236
The funeral was a Tuesday.

282
00:15:43,236 --> 00:15:46,322
{\an8}The family asked me to deliver
a eulogy at the funeral.

283
00:15:46,322 --> 00:15:49,367
{\an8}So this is the eulogy
that I wrote.

284
00:15:51,369 --> 00:15:54,372
"Robert has been a friend of
mine since college.

285
00:15:56,707 --> 00:15:58,334
Robert said he wanted to be
a lawyer

286
00:15:58,334 --> 00:16:01,629
because he wanted to make
a difference in public policies.

287
00:16:03,297 --> 00:16:04,674
And see the effects
of his efforts

288
00:16:04,674 --> 00:16:07,176
improving the situation
of people around him.

289
00:16:07,176 --> 00:16:09,887
As those of us today
can all attest,

290
00:16:09,887 --> 00:16:11,723
Robert achieved his goals.

291
00:16:13,391 --> 00:16:15,351
Robert and Kathy have a warm,
loving marriage.

292
00:16:15,351 --> 00:16:18,229
There is no doubt Robert
continues to love her today

293
00:16:18,229 --> 00:16:20,148
from his place in heaven."

294
00:16:26,028 --> 00:16:28,614
{\an8}I have no relationship
with Joe, Victor and Dylan,

295
00:16:28,614 --> 00:16:31,367
{\an8}so I was suspected for them
from the beginning.

296
00:16:31,367 --> 00:16:34,245
But I remember that Kathy
still really thought

297
00:16:34,245 --> 00:16:36,372
that the guys
were also victims in this.

298
00:16:36,372 --> 00:16:39,709
She was still at a point where

299
00:16:39,709 --> 00:16:42,628
she believed their story.

300
00:16:42,628 --> 00:16:45,256
I was more on board
with Kathy

301
00:16:45,256 --> 00:16:47,467
and wanting to believe
the best people

302
00:16:47,467 --> 00:16:49,343
that had been our friends,

303
00:16:49,343 --> 00:16:51,429
{\an8}but by the time of the funeral,

304
00:16:51,429 --> 00:16:55,183
{\an8}it was clear that
there was something wrong.

305
00:16:55,183 --> 00:16:58,227
Kathy Wone knew that Joe Price

306
00:16:58,227 --> 00:17:00,772
{\an8}was a close friend
of her husband's,

307
00:17:00,772 --> 00:17:05,276
and Joe Price is a pallbearer
at Robert's funeral.

308
00:17:05,276 --> 00:17:08,571
I was standing across
the casket from Joe.

309
00:17:08,571 --> 00:17:10,823
I said, So how are you sleeping?

310
00:17:12,617 --> 00:17:16,287
And he just buried his head,
he didn't respond.

311
00:17:18,706 --> 00:17:21,542
We heard Joe was playing
the victim card at the funeral.

312
00:17:21,542 --> 00:17:27,048
{\an8}There was a receiving line
for Kathy and the Wone family.

313
00:17:27,048 --> 00:17:31,594
And Joe had his own receiving
line to accept condolences.

314
00:17:37,100 --> 00:17:40,603
I remember standing in the
lobby kind of greeting people

315
00:17:40,603 --> 00:17:42,939
and saw the detectives come in.

316
00:17:42,939 --> 00:17:45,233
I knew something was odd.

317
00:17:45,233 --> 00:17:47,777
How many times
do detectives go to funerals?

318
00:17:53,741 --> 00:17:57,954
We're about one week
into the investigation.

319
00:17:57,954 --> 00:18:00,623
After we hit a dead end
on the sexual assault angle,

320
00:18:00,623 --> 00:18:04,293
{\an8}we turned our attention back to
the first piece of the puzzle.

321
00:18:04,293 --> 00:18:06,796
Where is the missing blood?

322
00:18:06,796 --> 00:18:11,259
No blood on his body,
almost no blood on the scene.

323
00:18:11,259 --> 00:18:13,136
Everybody who set foot
in that house

324
00:18:13,136 --> 00:18:17,223
other than these three guys
could tell you intuitively

325
00:18:17,223 --> 00:18:19,142
this is an orchestration.

326
00:18:19,142 --> 00:18:24,564
We needed to try to prove
that blood had been cleaned up.

327
00:18:24,564 --> 00:18:27,442
It was a theory that Robert
wasn't stabbed inside that room.

328
00:18:27,442 --> 00:18:29,777
Maybe it happened
somewhere else in the house.

329
00:18:29,777 --> 00:18:34,031
Maybe Robert's body was cleaned
up and then put back in the bed.

330
00:18:34,031 --> 00:18:37,243
{\an8}If you rewind back to the way
the scene was,

331
00:18:37,243 --> 00:18:39,537
it looked like it was staged.

332
00:18:42,415 --> 00:18:45,501
He was just stabbed three times:
where's the blood?

333
00:18:45,501 --> 00:18:48,171
You kind of come up
with these theories like it had

334
00:18:48,171 --> 00:18:50,173
to have happened somewhere else.

335
00:18:50,173 --> 00:18:52,884
So you start looking
at other places.

336
00:18:52,884 --> 00:18:55,344
And we had the K-9 crew come in.

337
00:18:55,344 --> 00:18:59,265
Cadaver dogs are trained
to alert on either

338
00:18:59,265 --> 00:19:02,560
decaying human skin cells
or blood.

339
00:19:05,229 --> 00:19:08,566
They hit on two locations.

340
00:19:08,566 --> 00:19:11,944
One was the lint trap
of the dryer,

341
00:19:11,944 --> 00:19:15,531
indicating
that human skin cells, blood,

342
00:19:15,531 --> 00:19:19,535
may have cycled through
that part of the dryer.

343
00:19:19,535 --> 00:19:24,248
The dog also alerted
on the rear stairwell drain.

344
00:19:24,248 --> 00:19:30,338
Okay, did they clean something
off downstairs in the drain?

345
00:19:30,338 --> 00:19:33,841
But we can't find
concrete evidence.

346
00:19:33,841 --> 00:19:38,054
What happens is once that blood
goes down into the drain

347
00:19:38,054 --> 00:19:39,972
and it mixes with water,

348
00:19:39,972 --> 00:19:41,891
it makes it unlikely
that you'll be able

349
00:19:41,891 --> 00:19:47,855
to pull enough of a DNA sample
to develop a DNA profile.

350
00:19:47,855 --> 00:19:52,652
We couldn't quite get there,
but the dog did alert.

351
00:19:52,652 --> 00:19:55,488
The dog gives a positive scent
in a drain--

352
00:19:55,488 --> 00:19:57,490
don't get me started on that.

353
00:19:57,490 --> 00:20:00,785
{\an8}One theory is,
Robert gets stabbed

354
00:20:00,785 --> 00:20:04,664
{\an8}and they waited to stage
and clean up the crime scene.

355
00:20:04,664 --> 00:20:07,875
There's no Clorox,
there's no Mr. Clean.

356
00:20:07,875 --> 00:20:12,588
There is zero evidence
after a complete investigation

357
00:20:12,588 --> 00:20:15,925
that cleaning agents
were used in that home.

358
00:20:15,925 --> 00:20:18,678
The bottom line
is there's no blood.

359
00:20:18,678 --> 00:20:21,639
If there was evidence,
they would have found it.

360
00:20:28,730 --> 00:20:31,274
The police needed to see
if they could find blood

361
00:20:31,274 --> 00:20:34,861
{\an8}elsewhere in the house,
and they searched extensively.

362
00:20:34,861 --> 00:20:40,032
{\an8}And at one point they used a
reagent called Ashley's reagent.

363
00:20:41,743 --> 00:20:44,787
It's a chemical used to search
for latent blood,

364
00:20:44,787 --> 00:20:46,956
blood that had been cleaned up.

365
00:20:46,956 --> 00:20:48,791
So we're going to bring in
all these chemicals

366
00:20:48,791 --> 00:20:51,919
and we're going to spray
the place down and figure out

367
00:20:51,919 --> 00:20:57,091
where the blood is
that was hidden or cleaned up.

368
00:20:57,091 --> 00:20:58,760
At first blush, we thought

369
00:20:58,760 --> 00:21:02,847
that they got positive results
all over the place.

370
00:21:04,891 --> 00:21:08,478
And what Glenn calls
the big ticket mistake

371
00:21:08,478 --> 00:21:11,439
is that they applied it
in a way

372
00:21:11,439 --> 00:21:14,275
that was not on the directions,

373
00:21:14,275 --> 00:21:16,694
and it was botched.

374
00:21:16,694 --> 00:21:20,782
I spoke to the guy who invented
Ashley's reagent.

375
00:21:20,782 --> 00:21:23,534
You do not apply it
to vertical surfaces

376
00:21:23,534 --> 00:21:27,955
because it will drip and it'll
obliterate blood stains.

377
00:21:27,955 --> 00:21:31,667
But they sprayed it on the walls
and you cannot get it off.

378
00:21:31,667 --> 00:21:34,170
It's like the dye
that blows up on your hands

379
00:21:34,170 --> 00:21:36,339
when you rob a bank.

380
00:21:36,339 --> 00:21:39,258
The great Ashley's
reagent debacle,

381
00:21:39,258 --> 00:21:41,552
yeah, we definitely took a hit.

382
00:21:41,552 --> 00:21:43,679
There were mistakes made
by the detectives,

383
00:21:43,679 --> 00:21:46,974
by the evidence technicians,
by myself.

384
00:21:48,101 --> 00:21:50,895
Unfortunately, if it was
applied correctly,

385
00:21:50,895 --> 00:21:54,982
they may have found blood
elsewhere in the house.

386
00:21:54,982 --> 00:21:57,068
They blew it.

387
00:21:57,068 --> 00:22:00,488
Glenn's theory was they moved
the body and put it in the bed.

388
00:22:00,488 --> 00:22:02,907
The government took
280 samples--

389
00:22:02,907 --> 00:22:05,493
the wall,
the stairs, the carpet.

390
00:22:05,493 --> 00:22:07,245
They had the house
for three weeks,

391
00:22:07,245 --> 00:22:12,166
did in excess of a quarter of
a million dollars in damage.

392
00:22:12,166 --> 00:22:14,210
Not a single bloodstain.

393
00:22:21,592 --> 00:22:24,387
We're a couple weeks
into it now at this point.

394
00:22:24,387 --> 00:22:28,933
This case is more of what we
don't know than what we do now.

395
00:22:28,933 --> 00:22:31,394
After the sexual assault angle

396
00:22:31,394 --> 00:22:33,896
failed to identify
any perpetrator,

397
00:22:33,896 --> 00:22:38,276
and after the search for
the missing blood was a bust,

398
00:22:38,276 --> 00:22:41,571
the information about the knife
took us down

399
00:22:41,571 --> 00:22:44,657
a new investigative path.

400
00:22:44,657 --> 00:22:47,618
The knife had been sent
to a lab for analysis.

401
00:22:47,618 --> 00:22:49,537
Once the forensic results
are in,

402
00:22:49,537 --> 00:22:54,083
we learn a few really
interesting things.

403
00:22:54,083 --> 00:22:57,754
Joe's already told the police
that he touched it.

404
00:23:04,552 --> 00:23:06,262
But once they examine
that knife,

405
00:23:06,262 --> 00:23:08,473
they don't find a trace of DNA

406
00:23:08,473 --> 00:23:12,727
or fingerprints that can point
to anybody inside the house.

407
00:23:12,727 --> 00:23:15,938
And then Glenn was told
by the forensic examiners

408
00:23:15,938 --> 00:23:19,442
that those wounds don't match

409
00:23:19,442 --> 00:23:21,778
the size of the knife.

410
00:23:21,778 --> 00:23:24,363
The blade was about five,

411
00:23:24,363 --> 00:23:26,657
or five and a half inches
in length.

412
00:23:26,657 --> 00:23:28,743
And yet the depth of the wounds

413
00:23:28,743 --> 00:23:32,955
{\an8}were about four and a half
inches, give or take.

414
00:23:32,955 --> 00:23:36,626
So how do you stab
a victim three times?

415
00:23:36,626 --> 00:23:39,337
But make sure you don't insert
that last inch

416
00:23:39,337 --> 00:23:43,966
up to the hilt of the knife
into the victim's body?

417
00:23:43,966 --> 00:23:47,303
The other suspicious thing
is there was white fibers

418
00:23:47,303 --> 00:23:49,639
that were on the knife

419
00:23:49,639 --> 00:23:52,058
and were consistent
with the towel

420
00:23:52,058 --> 00:23:57,021
that Joe claimed to have used
to stop the bleeding.

421
00:24:01,526 --> 00:24:05,488
I believe that towel,
with almost minute quantities

422
00:24:05,488 --> 00:24:08,324
of blood on it,
was not applied

423
00:24:08,324 --> 00:24:11,953
the way they had been instructed
by the 911 operator.

424
00:24:16,582 --> 00:24:19,919
There were looped pattern impressions

425
00:24:19,919 --> 00:24:25,842
consistent with the towel found
in the blood on the knife blade.

426
00:24:25,842 --> 00:24:28,344
How does the fibers
from the towel

427
00:24:28,344 --> 00:24:30,722
get on the murder weapon

428
00:24:30,722 --> 00:24:33,933
that's sitting on the end table?

429
00:24:33,933 --> 00:24:36,936
There was no blood on the
cutting surface of the knife.

430
00:24:36,936 --> 00:24:41,691
It appeared that somebody
had taken a cotton towel,

431
00:24:41,691 --> 00:24:47,155
dipped it in blood, and then
applied the blood to the knife.

432
00:24:47,155 --> 00:24:52,660
There were also three cuts
to Robert's gray T-shirt

433
00:24:52,660 --> 00:24:54,120
that loosely corresponded

434
00:24:54,120 --> 00:24:56,873
to where the three stab wounds
were on his torso.

435
00:24:56,873 --> 00:25:01,753
There was an absence
of gray fibers

436
00:25:01,753 --> 00:25:04,380
from the T-shirt on the knife.

437
00:25:04,380 --> 00:25:07,341
In my opinion,
the only reasonable conclusion:

438
00:25:07,341 --> 00:25:10,386
that was not the knife
used to kill Robert.

439
00:25:10,386 --> 00:25:12,930
That was the plant knife.

440
00:25:16,934 --> 00:25:21,189
We discovered there was also
a knife set in Dylan's room.

441
00:25:23,274 --> 00:25:25,902
There is a three-piece
cutlery set,

442
00:25:25,902 --> 00:25:28,654
not in the kitchen,
but in Dylan's bedroom.

443
00:25:28,654 --> 00:25:32,408
It's where I keep all my good
cutlery, is in my bedroom.

444
00:25:32,408 --> 00:25:36,662
Carving knife, carving fork,
smaller knife.

445
00:25:36,662 --> 00:25:39,791
And the smaller knife
is missing.

446
00:25:41,167 --> 00:25:43,086
And it's a knife that had
a shorter blade,

447
00:25:43,086 --> 00:25:47,090
more consistent with the depth
of those wounds

448
00:25:47,090 --> 00:25:49,550
than the knife we found
on the nightstand.

449
00:25:49,550 --> 00:25:52,428
Come on, now. You don't need
to be Sherlock Holmes.

450
00:25:52,428 --> 00:25:55,640
Put all that together.

451
00:25:55,640 --> 00:25:58,226
A knife set with
one missing knife.

452
00:25:58,226 --> 00:26:03,815
Was that the knife
that was used to stab Robert?

453
00:26:03,815 --> 00:26:07,318
The detectives never
did find the missing knife.

454
00:26:09,654 --> 00:26:11,656
So if it was a plant knife,

455
00:26:11,656 --> 00:26:14,867
did somebody inside that house
that night go down to the block

456
00:26:14,867 --> 00:26:17,120
in the kitchen,
grab it, come back up,

457
00:26:17,120 --> 00:26:19,872
put it inside a towel
filled with blood

458
00:26:19,872 --> 00:26:22,708
and wipe the knife
and then lay it where it was?

459
00:26:22,708 --> 00:26:26,295
Did somebody else take the real
knife, go out of the house,

460
00:26:26,295 --> 00:26:30,383
dispose of the knife somewhere
that they couldn't find it?

461
00:26:30,383 --> 00:26:32,802
Well, what happened?

462
00:26:32,802 --> 00:26:34,887
That's an open question.

463
00:26:42,979 --> 00:26:44,605
A few months after the murder,

464
00:26:44,605 --> 00:26:48,067
Joe, Victor and Dylan aren't
living at Swann Street anymore.

465
00:26:48,067 --> 00:26:49,318
We get a report that

466
00:26:49,318 --> 00:26:51,404
Swann Street has been burglarized.

467
00:26:51,404 --> 00:26:55,032
That ends up getting reported
not by Joe, Victor and Dylan,

468
00:26:55,032 --> 00:27:00,329
{\an8}but by Dylan's lawyer--
curious--

469
00:27:00,329 --> 00:27:03,291
it turns out
Joe's brother Michael Price,

470
00:27:03,291 --> 00:27:08,087
comes in and apparently takes
the flat screen TVs, pawns them.

471
00:27:08,087 --> 00:27:10,590
{\an8}You know, of course,
we're looking at each other

472
00:27:10,590 --> 00:27:12,967
{\an8}like this is absolutely absurd.

473
00:27:12,967 --> 00:27:16,262
The charges get dropped,
but we come to learn

474
00:27:16,262 --> 00:27:21,976
that Michael Price had a key
to the house on Swann Street.

475
00:27:21,976 --> 00:27:24,937
When Joe Price was interrogated
by the detectives,

476
00:27:24,937 --> 00:27:27,482
they asked him,
who else has a key?

477
00:27:37,700 --> 00:27:42,246
I believe he withheld from them
that Michael had a key.

478
00:27:42,246 --> 00:27:45,750
Why are you hiding that from
the detectives in the immediate

479
00:27:45,750 --> 00:27:49,962
aftermath of your friend
being murdered in your home?

480
00:27:49,962 --> 00:27:55,176
Then we find that Michael Price
is attending college at night,

481
00:27:55,176 --> 00:27:58,096
studying to be a phlebotomist,
somebody who draws blood.

482
00:27:58,096 --> 00:28:01,099
He has access
to Holy Cross Hospital,

483
00:28:01,099 --> 00:28:04,102
where I believe he can easily
get his hands

484
00:28:04,102 --> 00:28:06,145
on-- what?-- paralytics,

485
00:28:06,145 --> 00:28:07,480
including succinylcholine,

486
00:28:07,480 --> 00:28:09,899
the most common
paralytic anesthetic,

487
00:28:09,899 --> 00:28:12,068
which you can pick up off
any crash cart

488
00:28:12,068 --> 00:28:14,404
in any hospital in the country.

489
00:28:14,404 --> 00:28:17,782
He was a phlebotomist.
It's a person who draws blood.

490
00:28:17,782 --> 00:28:20,576
He doesn't inject
paralytic drugs.

491
00:28:20,576 --> 00:28:21,911
Yes, he did have a key.

492
00:28:21,911 --> 00:28:24,122
But was there anything
connecting him

493
00:28:24,122 --> 00:28:25,790
to the night of the murder?

494
00:28:25,790 --> 00:28:28,418
They had no evidence like that.

495
00:28:28,418 --> 00:28:30,169
On August 2, 2006,

496
00:28:30,169 --> 00:28:32,922
Michael, even though
he had perfect attendance,

497
00:28:32,922 --> 00:28:36,342
{\an8}didn't show up for class.

498
00:28:36,342 --> 00:28:41,180
He attends every single class
until the night of the murder.

499
00:28:41,180 --> 00:28:44,600
That's the first class
he misses.

500
00:28:44,600 --> 00:28:48,938
So, where is Michael
the night of the murder?

501
00:28:48,938 --> 00:28:51,858
Turns out Brian Wade
tracked his phone

502
00:28:51,858 --> 00:28:56,487
and determined that phone was
nowhere near 1509 Swann Street.

503
00:28:56,487 --> 00:28:58,448
People turn off their phones
and commit crimes

504
00:28:58,448 --> 00:29:03,119
where they leave them behind
because they want an alibi.

505
00:29:03,119 --> 00:29:05,037
It's just speculation.

506
00:29:05,037 --> 00:29:07,206
But then you go,
well, what's the motive?

507
00:29:07,206 --> 00:29:11,335
Michael had an alibi
that they could not refute.

508
00:29:11,335 --> 00:29:14,881
{\an8}Michael Price's partner
told investigators

509
00:29:14,881 --> 00:29:16,340
{\an8}that Michael was with him

510
00:29:16,340 --> 00:29:19,719
{\an8}on the night
of Robert Wone's death.

511
00:29:19,719 --> 00:29:22,263
Again, they had no evidence,

512
00:29:22,263 --> 00:29:24,891
Glenn was running out of theories.

513
00:29:24,891 --> 00:29:28,061
What's the next magical act?
I mean, who did it now?

514
00:29:28,061 --> 00:29:31,397
Pretty soon they're just
going to blame me.

515
00:29:31,397 --> 00:29:34,734
To say that Joe's brother
burglarized the house.

516
00:29:34,734 --> 00:29:37,403
Therefore, he must have had
something to do with it.

517
00:29:37,403 --> 00:29:38,654
Are you kidding?

518
00:29:40,406 --> 00:29:43,242
I have no idea if Michael Price
would have had motive

519
00:29:43,242 --> 00:29:45,078
to kill Robert or not,

520
00:29:45,078 --> 00:29:48,915
but you can't ignore this angle.

521
00:29:48,915 --> 00:29:50,541
We needed to investigate
that angle

522
00:29:50,541 --> 00:29:53,002
like we needed to investigate
every other angle.

523
00:29:53,002 --> 00:29:54,670
That's the way
you assemble a puzzle.

524
00:29:54,670 --> 00:29:56,714
Not by looking at each piece
of the puzzle

525
00:29:56,714 --> 00:29:58,132
and then throwing it away.

526
00:29:58,132 --> 00:30:01,177
And we developed it
as best we could.

527
00:30:01,177 --> 00:30:03,596
Because let's face it,
an intruder doesn't come in

528
00:30:03,596 --> 00:30:07,767
and sexually assault somebody
and stab them three times,

529
00:30:07,767 --> 00:30:12,230
all unbeknown to the three guys
who live there.

530
00:30:12,230 --> 00:30:15,650
The three guys would have
absolutely no incentive

531
00:30:15,650 --> 00:30:17,276
to cover up that crime.

532
00:30:17,276 --> 00:30:20,321
But if it was Dylan or Victor
or Joe or Michael,

533
00:30:20,321 --> 00:30:23,157
they're all family,
so regardless of which one of

534
00:30:23,157 --> 00:30:25,284
those four
might have been involved,

535
00:30:25,284 --> 00:30:28,913
it provides a motive
to cover it up.

536
00:30:28,913 --> 00:30:31,249
The more theories
Glenn put up,

537
00:30:31,249 --> 00:30:33,918
the more they dilute
one another.

538
00:30:33,918 --> 00:30:36,295
He was restrained,

539
00:30:36,295 --> 00:30:39,465
there's a plant knife,

540
00:30:39,465 --> 00:30:42,301
they stage
and clean up the crime scene.

541
00:30:42,301 --> 00:30:44,429
Joe's brother did it.

542
00:30:44,429 --> 00:30:46,097
They had nothing on him--

543
00:30:46,097 --> 00:30:48,266
not anyone's semen on Robert,

544
00:30:48,266 --> 00:30:51,644
not any joy toys found in
Robert's room.

545
00:30:51,644 --> 00:30:53,312
There's no blood,

546
00:30:53,312 --> 00:30:56,983
no evidence of struggle, nothing.

547
00:31:04,365 --> 00:31:05,992
Robert Wone is murdered,

548
00:31:05,992 --> 00:31:10,246
and the basic crime story
hits the papers,

549
00:31:10,246 --> 00:31:13,541
{\an8}hits the TV stations,
then quiet.

550
00:31:13,541 --> 00:31:18,046
No arrests, no advances
to the story, no information.

551
00:31:20,006 --> 00:31:23,009
It got to the point
where Kathy Wone

552
00:31:23,009 --> 00:31:24,343
was putting pressure
on the police.

553
00:31:24,343 --> 00:31:27,889
She wanted to know
what was happening.

554
00:31:27,889 --> 00:31:29,515
Up until that point, Kathy,

555
00:31:29,515 --> 00:31:31,976
it almost seemed like she was
coming in and out of shock.

556
00:31:31,976 --> 00:31:37,482
{\an8}This whole story of an intruder.
never made any sense.

557
00:31:37,482 --> 00:31:42,987
Kathy goes to her husband's
former law partners

558
00:31:42,987 --> 00:31:44,447
at Covington & Burling.

559
00:31:44,447 --> 00:31:49,202
Eric Holder, who had been
the U.S. attorney in D.C.,

560
00:31:49,202 --> 00:31:51,120
which is the top prosecutor,

561
00:31:51,120 --> 00:31:55,708
is now head
of Covington & Burling.

562
00:31:55,708 --> 00:31:58,753
And then they held
a news conference.

563
00:31:58,753 --> 00:32:04,675
{\an8}For those in 1509 Swann Street
when Robert was killed,

564
00:32:04,675 --> 00:32:07,929
{\an8}you need to truly
ask yourselves--

565
00:32:07,929 --> 00:32:10,139
truly, truly, ask yourselves--

566
00:32:10,139 --> 00:32:13,643
have I provided the police
with all of the information

567
00:32:13,643 --> 00:32:17,480
that might be relevant to the
investigation of this crime?

568
00:32:17,480 --> 00:32:20,400
That doesn't happen every day
in Washington, D.C.--

569
00:32:20,400 --> 00:32:22,235
to have a man of the stature
of Eric Holder,

570
00:32:22,235 --> 00:32:26,280
who's about to become attorney
general of the United States,

571
00:32:26,280 --> 00:32:29,158
to plead for some information.

572
00:32:29,158 --> 00:32:33,121
Kathy then speaks
a heartfelt entreaty.

573
00:32:33,121 --> 00:32:35,039
{\an8}I have a few words
for the individual

574
00:32:35,039 --> 00:32:37,750
{\an8}who took Robert's life.

575
00:32:37,750 --> 00:32:40,086
Having a murder
on your conscience

576
00:32:40,086 --> 00:32:42,422
is no small load
to carry

577
00:32:42,422 --> 00:32:44,924
as you try to live,
I imagine,

578
00:32:44,924 --> 00:32:47,719
as normal a life
as possible.

579
00:32:47,719 --> 00:32:50,972
After the murder
it seemed like Kathy believed

580
00:32:50,972 --> 00:32:53,558
or wanted
to believe their story.

581
00:32:53,558 --> 00:32:57,311
But by the time the press
conference rolled round,

582
00:32:57,311 --> 00:33:01,149
it was clear that Kathy
was no longer giving them

583
00:33:01,149 --> 00:33:03,276
the benefit of the doubt.

584
00:33:03,276 --> 00:33:04,736
It appeared Kathy thought

585
00:33:04,736 --> 00:33:06,821
that these guys
are hiding something.

586
00:33:06,821 --> 00:33:08,698
That was a pivotal point
in the story for us,

587
00:33:08,698 --> 00:33:11,743
because no one had heard
from Kathy up until that point.

588
00:33:11,743 --> 00:33:17,790
Kathy is a very guarded,
reserved, circumspect person.

589
00:33:17,790 --> 00:33:19,917
Over the course of
the investigation,

590
00:33:19,917 --> 00:33:23,963
it even seemed like she was
going more and more

591
00:33:23,963 --> 00:33:25,339
inside herself.

592
00:33:25,339 --> 00:33:28,509
Kathy is a very private person,

593
00:33:28,509 --> 00:33:31,471
and Kathy Wone says,
"Please help us,

594
00:33:31,471 --> 00:33:33,014
give me some closure."

595
00:33:33,014 --> 00:33:37,518
It was so devastating to Kathy
to have three--

596
00:33:37,518 --> 00:33:39,771
what you believed
were close friends--

597
00:33:39,771 --> 00:33:44,317
apparently unwilling
to even explain what happened.

598
00:33:44,317 --> 00:33:46,360
If somebody is completely innocent

599
00:33:46,360 --> 00:33:48,488
of a horrible crime like this,

600
00:33:48,488 --> 00:33:51,866
wouldn't they be shouting that
from the rooftops?

601
00:33:51,866 --> 00:33:53,743
Why haven't they spoken out?

602
00:33:59,207 --> 00:34:04,545
At the same time, Joe, Victor
and Dylan pulled up stakes,

603
00:34:04,545 --> 00:34:08,341
sold the house on Swann Street,
moved to Florida,

604
00:34:08,341 --> 00:34:10,343
and just went underground.

605
00:34:10,343 --> 00:34:12,345
Nobody heard from them.

606
00:34:12,345 --> 00:34:14,931
They stayed together.

607
00:34:14,931 --> 00:34:17,058
They have no interest
in being public

608
00:34:17,058 --> 00:34:19,268
in any way, shape or form.

609
00:34:19,268 --> 00:34:21,479
Nothing is happening!
Nothing!

610
00:34:21,479 --> 00:34:25,525
I mean, there is not a drip
of information coming out!

611
00:34:25,525 --> 00:34:28,194
Why is no one
being held accountable?

612
00:34:35,284 --> 00:34:37,954
We didn't have solid,
concrete evidence

613
00:34:37,954 --> 00:34:39,956
that you make an arrest on.

614
00:34:39,956 --> 00:34:43,376
We only had
some circumstantial evidence.

615
00:34:43,376 --> 00:34:46,212
A good example of circumstantial
evidence is,

616
00:34:46,212 --> 00:34:49,006
I went to bed,
and I woke up,

617
00:34:49,006 --> 00:34:52,135
and there's snow on the ground.

618
00:34:52,135 --> 00:34:55,430
Did you see it snow?

619
00:34:55,430 --> 00:35:00,309
No, but you 100% know
that it did snow.

620
00:35:04,397 --> 00:35:06,232
Just because we haven't found
the evidence

621
00:35:06,232 --> 00:35:08,234
doesn't mean it doesn't exist.

622
00:35:13,990 --> 00:35:16,242
We didn't have direct evidence.

623
00:35:16,242 --> 00:35:20,246
In my opinion, the only three
people who are in a position

624
00:35:20,246 --> 00:35:22,206
to provide us direct evidence

625
00:35:22,206 --> 00:35:25,251
refuse to and instead chose
to cover up the crime.

626
00:35:25,251 --> 00:35:28,671
The absence of evidence
is a product of the cover up.

627
00:35:38,306 --> 00:35:40,349
We're now two years down
the road

628
00:35:40,349 --> 00:35:42,643
and we needed to move forward.

629
00:35:42,643 --> 00:35:45,605
The perceived weakness that
we can't say who killed Robert,

630
00:35:45,605 --> 00:35:49,108
we tried to embrace
as a strength.

631
00:35:49,108 --> 00:35:50,860
I never brought a murder charge

632
00:35:50,860 --> 00:35:53,905
because I could never prove
who killed Robert.

633
00:35:53,905 --> 00:35:57,533
I believed what I could prove
was that Joe Price,

634
00:35:57,533 --> 00:36:01,204
Victor Zaborsky,
and Dylan Ward covered it up.

635
00:36:01,204 --> 00:36:05,875
They were part of a conspiracy
to obstruct justice.

636
00:36:05,875 --> 00:36:09,045
To seek an arrest warrant
for charges like obstruction

637
00:36:09,045 --> 00:36:13,674
when you don't know who killed
Robert is not just unusual,

638
00:36:13,674 --> 00:36:17,136
it was unprecedented.

639
00:36:17,136 --> 00:36:19,389
Was it desperation?
No.

640
00:36:19,389 --> 00:36:21,808
The judge agreed
that we had probable cause

641
00:36:21,808 --> 00:36:26,062
and authorized us
to make an arrest.

642
00:36:26,062 --> 00:36:29,357
When you have three
possible coconspirators

643
00:36:29,357 --> 00:36:31,651
involved in a crime,
who's the weak link?

644
00:36:31,651 --> 00:36:34,695
Who do we try to break?
Who do we try to flip?

645
00:36:34,695 --> 00:36:37,657
And so it was decided
we would go first

646
00:36:37,657 --> 00:36:39,826
with an arrest warrant
for Dylan.

647
00:36:39,826 --> 00:36:42,203
A new twist tonight
in one of D.C.'s

648
00:36:42,203 --> 00:36:44,664
most high profile
unsolved murder.

649
00:36:44,664 --> 00:36:46,791
Dylan Ward charged
with covering up

650
00:36:46,791 --> 00:36:49,127
the murder of Robert Wone.

651
00:36:49,127 --> 00:36:53,005
And they arrested Dylan, bang!

652
00:36:53,005 --> 00:36:55,717
The story just
took off from there.

653
00:37:05,226 --> 00:37:08,521
When Dylan gets grabbed in
Florida, they put him in a cell,

654
00:37:08,521 --> 00:37:10,022
{\an8}"Dylan, this is
your only chance.

655
00:37:10,022 --> 00:37:11,733
{\an8}You're going to jail
for the rest of your life.

656
00:37:11,733 --> 00:37:14,569
{\an8}We know you didn't do it.
Tell us what happened."

657
00:37:16,946 --> 00:37:21,367
The strategy was to isolate
Dylan away from the other two,

658
00:37:21,367 --> 00:37:22,785
{\an8}get him into
an interrogation room

659
00:37:22,785 --> 00:37:26,456
{\an8}and get him
to tell the real story.

660
00:37:26,456 --> 00:37:28,958
And he said,
"What I said that night

661
00:37:28,958 --> 00:37:30,543
is what happened."

662
00:37:30,543 --> 00:37:33,713
Dylan didn't break.

663
00:37:33,713 --> 00:37:37,383
As soon as they get Dylan
back here to Superior Court,

664
00:37:37,383 --> 00:37:39,886
the other two men are indicted.

665
00:37:41,929 --> 00:37:44,557
Then we had that conversation
with Victor.

666
00:37:44,557 --> 00:37:46,893
Do you want to make
a different choice

667
00:37:46,893 --> 00:37:50,521
{\an8}than the one you've made
thus far to hold firm

668
00:37:50,521 --> 00:37:52,065
{\an8}as part of this conspiracy?

669
00:37:52,065 --> 00:37:55,068
Or might you want
to choose another path?

670
00:37:55,068 --> 00:37:56,694
Victor never wavered.

671
00:37:56,694 --> 00:37:58,946
So they were all three charged.

672
00:37:58,946 --> 00:38:01,574
The three Swann Street housemates

673
00:38:01,574 --> 00:38:03,367
charged with covering up

674
00:38:03,367 --> 00:38:06,120
the stabbing death
of Robert Wone.

675
00:38:07,288 --> 00:38:11,667
The men were charged
with obstruction of justice,

676
00:38:11,667 --> 00:38:13,753
conspiracy to obstruct justice,

677
00:38:13,753 --> 00:38:16,589
and tampering
with physical evidence.

678
00:38:16,589 --> 00:38:18,591
It was a bombshell.

679
00:38:25,473 --> 00:38:29,435
Robert is killed
August 2, 2006.

680
00:38:29,435 --> 00:38:32,188
It's not until
October 27, 2008,

681
00:38:32,188 --> 00:38:34,941
the affidavit comes out,

682
00:38:34,941 --> 00:38:37,652
and it just changes everything.

683
00:38:39,570 --> 00:38:43,950
We punched the affidavit up
on the laptop

684
00:38:43,950 --> 00:38:46,577
and start poring through it.

685
00:38:46,577 --> 00:38:48,204
It was written like
a horror story.

686
00:38:48,204 --> 00:38:51,541
{\an8}"Police recovered implements
of sexual bondage and torture

687
00:38:51,541 --> 00:38:53,000
{\an8}from Dylan Ward's room."

688
00:38:53,000 --> 00:38:55,878
There were books, quote,
relating to inflicting pain

689
00:38:55,878 --> 00:38:59,966
on others for purposes
of sexual gratification.

690
00:38:59,966 --> 00:39:02,301
That's not everyday reading.

691
00:39:02,301 --> 00:39:05,054
Is that the best
Glenn's got?

692
00:39:05,054 --> 00:39:06,889
Three guys
in a three-way relationship--

693
00:39:06,889 --> 00:39:09,642
"These guys must have done it,
they're freaks."

694
00:39:09,642 --> 00:39:11,644
It was salacious.
It was sensational.

695
00:39:11,644 --> 00:39:13,646
It was completely irrelevant.

696
00:39:13,646 --> 00:39:16,149
Nothing to do
with killing Robert.

697
00:39:16,149 --> 00:39:20,820
Glenn needed the judgment
of the court of public opinion

698
00:39:20,820 --> 00:39:22,280
to get some inertia,

699
00:39:22,280 --> 00:39:25,533
and that's why he generated
the affidavit,

700
00:39:25,533 --> 00:39:28,995
just for sheer humiliation.

701
00:39:28,995 --> 00:39:31,914
The fact that the prosecutors
and police made that public,

702
00:39:31,914 --> 00:39:36,252
they wanted to stir up the pot
and see if that would elicit

703
00:39:36,252 --> 00:39:40,923
any reactions,
evidence, confessions.

704
00:39:43,384 --> 00:39:46,179
{\an8}I really did sort of

705
00:39:46,179 --> 00:39:49,098
{\an8}go back and forth between
the, should I believe them

706
00:39:49,098 --> 00:39:50,975
{\an8}or should I not,

707
00:39:50,975 --> 00:39:54,479
{\an8}until the affidavit came out.

708
00:39:54,479 --> 00:39:58,900
I remember thinking,

709
00:39:58,900 --> 00:40:01,778
I can't believe
what I'm reading here.

710
00:40:01,778 --> 00:40:04,614
The level of depravity
is still to this day

711
00:40:04,614 --> 00:40:06,532
stunning to comprehend.

712
00:40:06,532 --> 00:40:11,871
I tried to make sure I kept
Kathy apprised of developments,

713
00:40:11,871 --> 00:40:17,001
knowing how hurtful
this might be to her.

714
00:40:17,001 --> 00:40:22,882
I recall Kathy just sitting
in stunned silence.

715
00:40:22,882 --> 00:40:26,135
It seemed to hit her
like a freight train.

716
00:40:26,135 --> 00:40:29,639
And even though you're not
dragging the memory

717
00:40:29,639 --> 00:40:31,891
of her husband through the mud,
it just--

718
00:40:31,891 --> 00:40:34,894
it feels
like this violation.

719
00:40:34,894 --> 00:40:37,313
In my conversations
with Kathy Wone,

720
00:40:37,313 --> 00:40:39,732
at this point,
the ambiguity is gone.

721
00:40:39,732 --> 00:40:41,275
When the affidavit dropped,

722
00:40:41,275 --> 00:40:44,862
I think that she saw it
as a horrible betrayal of trust.

723
00:40:44,862 --> 00:40:47,949
Kathy Wone realizes
that Joe Price knows more

724
00:40:47,949 --> 00:40:49,742
and may have been
materially involved

725
00:40:49,742 --> 00:40:53,079
and may have actually
killed Robert Wone.

726
00:40:54,831 --> 00:40:58,042
{\an8}I saw red.
My blood pressure went up

727
00:40:58,042 --> 00:41:00,545
{\an8}and I couldn't hear anything
except the heartbeat in my ears.

728
00:41:00,545 --> 00:41:04,549
Such anger at the deceit
and not having

729
00:41:04,549 --> 00:41:05,925
aired this earlier.

730
00:41:05,925 --> 00:41:07,760
If there was this
much information,

731
00:41:07,760 --> 00:41:09,512
how come this wasn't solved?

732
00:41:09,512 --> 00:41:12,557
Up until November 2008,

733
00:41:12,557 --> 00:41:14,767
the intruder theory
was plausible.

734
00:41:14,767 --> 00:41:15,935
Somebody broke into a house.

735
00:41:15,935 --> 00:41:18,396
It was a random,
senseless murder.

736
00:41:18,396 --> 00:41:20,231
It was believable.

737
00:41:22,567 --> 00:41:23,943
The affidavit drops,

738
00:41:23,943 --> 00:41:27,155
and that was a real change
in direction

739
00:41:27,155 --> 00:41:29,615
for how the gay community
approached the case.

740
00:41:29,615 --> 00:41:34,704
People were conflicted
and trying to reconcile a leader

741
00:41:34,704 --> 00:41:39,625
who they respected
with this heinous crime.

742
00:41:39,625 --> 00:41:41,127
This happened
in our neighborhood.

743
00:41:41,127 --> 00:41:44,213
And so we thought we needed
to jump on this.

744
00:41:44,213 --> 00:41:45,590
Through the blog itself,

745
00:41:45,590 --> 00:41:48,009
we might be able
to shake enough trees

746
00:41:48,009 --> 00:41:51,054
that some more information
might drop.

747
00:41:51,054 --> 00:41:55,141
{\an8}We're the Scooby Gang and we're
meddling wherever we can go.

748
00:41:55,141 --> 00:41:57,310
It's frustrating.
It's frustrating for us.

749
00:41:57,310 --> 00:42:00,521
{\an8}I know it's more frustrating
for Robert Wone's family.

750
00:42:00,521 --> 00:42:04,108
We were pretty much
a gay family of choice,

751
00:42:04,108 --> 00:42:08,237
looking at a family
that was falling apart

752
00:42:08,237 --> 00:42:09,864
three blocks away.

753
00:42:09,864 --> 00:42:13,076
We had a good friend
who ran in their circle.

754
00:42:13,076 --> 00:42:16,287
We learned it was not
a three-way relationship,

755
00:42:16,287 --> 00:42:18,247
it was two two-way
relationships,

756
00:42:18,247 --> 00:42:21,626
two separate relationships
within the same family.

757
00:42:21,626 --> 00:42:25,630
Those dynamics set up

758
00:42:25,630 --> 00:42:28,508
what probably exploded
that night

759
00:42:28,508 --> 00:42:31,010
in some way or some fashion.

760
00:42:31,010 --> 00:42:35,014
This is where all theory
and speculation comes in,

761
00:42:35,014 --> 00:42:37,183
because you have to get
from a house

762
00:42:37,183 --> 00:42:40,019
that is a simmering
cauldron of emotions

763
00:42:40,019 --> 00:42:42,188
between three people,

764
00:42:42,188 --> 00:42:44,690
to your friend
is murdered

765
00:42:44,690 --> 00:42:46,234
in your second floor bedroom.

766
00:42:46,234 --> 00:42:48,778
Within a matter of
an hour or so.

767
00:42:48,778 --> 00:42:52,448
79 minutes
to a methodical murder.

768
00:42:52,448 --> 00:42:54,659
That is the leap that...

769
00:42:54,659 --> 00:42:57,412
again, makes this case

770
00:42:57,412 --> 00:43:00,081
really confounding.

771
00:43:03,584 --> 00:43:06,129
The prosecutors have
long believed that the three men

772
00:43:06,129 --> 00:43:11,134
inside that house have known
and know who killed Robert Wone,

773
00:43:11,134 --> 00:43:13,720
but for whatever reason,
they are conspiring together

774
00:43:13,720 --> 00:43:16,222
to keep that
from the government.

775
00:43:16,222 --> 00:43:18,891
Joe, Victor and Dylan
hired what we called

776
00:43:18,891 --> 00:43:20,476
the million dollar defense.

777
00:43:20,476 --> 00:43:23,062
This is a high priced
defense team.

778
00:43:23,062 --> 00:43:24,772
These guys are
all very well known.

779
00:43:24,772 --> 00:43:26,649
Some of them
are former prosecutors.

780
00:43:26,649 --> 00:43:28,276
And we all know Bernie Grimm.

781
00:43:28,276 --> 00:43:31,362
He is one of the top notch
defense attorneys in this town.

782
00:43:31,362 --> 00:43:34,282
In a codefendant case where
there's multiple people charged,

783
00:43:34,282 --> 00:43:37,285
one lawyer can only represent
one person.

784
00:43:37,285 --> 00:43:41,914
But we agreed beforehand
we would have a joint defense.

785
00:43:41,914 --> 00:43:45,501
We all knew
one another quite well.

786
00:43:45,501 --> 00:43:46,919
Bernie Grimm, a longtime

787
00:43:46,919 --> 00:43:49,172
criminal defense attorney
in D.C.;

788
00:43:49,172 --> 00:43:52,341
Dave Schertler,
who represented Dylan Ward;

789
00:43:52,341 --> 00:43:55,219
Tommy Connolly, who represented
Victor Zaborsky.

790
00:43:55,219 --> 00:44:00,141
Glenn was up against
three of the absolute best

791
00:44:00,141 --> 00:44:04,062
defense attorneys
D.C. could produce.

792
00:44:04,062 --> 00:44:05,980
Bernard Grimm, representing
Mr. Price,

793
00:44:05,980 --> 00:44:09,108
has probably one more
not-guilties in homicides

794
00:44:09,108 --> 00:44:12,111
in D.C. than anyone else
practicing today.

795
00:44:16,157 --> 00:44:18,076
Now, first of all,
the BDSM stuff,

796
00:44:18,076 --> 00:44:21,621
it only had relevance
because Glenn realized

797
00:44:21,621 --> 00:44:25,041
he had problems with the case.

798
00:44:25,041 --> 00:44:28,544
Glenn files a discovery
in a public court jacket

799
00:44:28,544 --> 00:44:32,548
so everybody can see
the dildos, the joy toys.

800
00:44:32,548 --> 00:44:35,426
He wants to introduce
all that stuff.

801
00:44:35,426 --> 00:44:39,138
I need to go after that and try
to tear it apart if I can.

802
00:44:39,138 --> 00:44:43,226
We filed motions
to have the sexual devices,

803
00:44:43,226 --> 00:44:46,854
any mention of
sexual misconduct,

804
00:44:46,854 --> 00:44:48,815
suppressed as evidence.

805
00:44:48,815 --> 00:44:51,943
The defense argued that there
was insufficient evidence

806
00:44:51,943 --> 00:44:53,945
to show
that some of the findings

807
00:44:53,945 --> 00:44:55,488
had anything to do
with the murder.

808
00:44:55,488 --> 00:45:00,118
The prosecution objected
to the motion, but they lost.

809
00:45:01,744 --> 00:45:06,624
We tried to admit it
and the judge overruled us.

810
00:45:06,624 --> 00:45:09,502
It clearly was a blow
to the prosecution.

811
00:45:09,502 --> 00:45:11,129
It was very dramatic.

812
00:45:11,129 --> 00:45:14,006
The semen
and all the S&M devices,

813
00:45:14,006 --> 00:45:16,884
all of that evidence
was tossed out.

814
00:45:16,884 --> 00:45:18,594
When you have a victim

815
00:45:18,594 --> 00:45:22,181
who appears to have been
sexually assaulted,

816
00:45:22,181 --> 00:45:25,268
and the judge doesn't seem
to make the connection,

817
00:45:25,268 --> 00:45:28,354
that was troubling to me;
I was surprised.

818
00:45:28,354 --> 00:45:30,314
Glenn never saw that coming.

819
00:45:30,314 --> 00:45:32,233
The evidence was thrown out.

820
00:45:32,233 --> 00:45:35,945
They entered this trial
with a severe handicap.

821
00:45:35,945 --> 00:45:38,030
And that was part
of the strategy.

822
00:45:38,030 --> 00:45:40,575
It was absolutely
the correct. decision.

823
00:45:40,575 --> 00:45:44,829
Judge Leibovitz reminding
everyone that her action today

824
00:45:44,829 --> 00:45:46,456
is not a verdict,

825
00:45:46,456 --> 00:45:47,665
nor does it signal

826
00:45:47,665 --> 00:45:51,419
how she may eventually decide
this case.

827
00:46:05,767 --> 00:46:08,603
As we're preparing to start
the trial,

828
00:46:08,603 --> 00:46:12,315
{\an8}the defense attorneys filed
a really unusual motion,

829
00:46:12,315 --> 00:46:14,609
{\an8}which was to let the judge
decide their case.

830
00:46:14,609 --> 00:46:18,863
In essence, that's the judge
sitting as the jury in the case.

831
00:46:24,494 --> 00:46:28,122
With a jury, most murder cases
end up in convictions--

832
00:46:28,122 --> 00:46:31,042
{\an8}seven out of ten.

833
00:46:31,042 --> 00:46:32,627
{\an8}Because they look
in the audience,

834
00:46:32,627 --> 00:46:37,465
{\an8}it's the victim's mother,
father, brothers, sisters.

835
00:46:37,465 --> 00:46:40,343
They hold the whole world
in their hands.

836
00:46:40,343 --> 00:46:44,430
The defense argument was that
the case was publicized

837
00:46:44,430 --> 00:46:48,267
{\an8}so widely in the media
that they didn't believe

838
00:46:48,267 --> 00:46:51,938
{\an8}they could get
an impartial jury.

839
00:46:51,938 --> 00:46:53,564
You have a right to
a jury trial

840
00:46:53,564 --> 00:46:55,942
under the Sixth Amendment;
you don't have a right

841
00:46:55,942 --> 00:46:57,276
to a bench trial,
to a judge trial.

842
00:46:57,276 --> 00:46:58,861
We have a right
to object to that.

843
00:46:58,861 --> 00:47:01,739
We could have forced these
three men in front of a jury.

844
00:47:01,739 --> 00:47:05,243
Instead of convincing
12 different people

845
00:47:05,243 --> 00:47:08,704
from all different sections
of Washington, D.C.,

846
00:47:08,704 --> 00:47:11,874
Glenn needed to convince
one single person

847
00:47:11,874 --> 00:47:13,418
beyond a reasonable doubt.

848
00:47:13,418 --> 00:47:16,045
And he certainly was charging
hard down the hill

849
00:47:16,045 --> 00:47:19,882
with confidence that they were
going to get convictions.

850
00:47:19,882 --> 00:47:23,386
Judge Leibovitz is a former
homicide prosecutor.

851
00:47:23,386 --> 00:47:25,471
She was my former
chief of homicide

852
00:47:25,471 --> 00:47:28,683
and I was her deputy
years earlier.

853
00:47:28,683 --> 00:47:32,061
So, I thought she would
understand and appreciate

854
00:47:32,061 --> 00:47:38,276
that the inexplicability of so
much of what happened to Robert

855
00:47:38,276 --> 00:47:41,237
is a tribute
to the success of the cover up.

856
00:47:41,237 --> 00:47:45,491
We ultimately settled on
not opposing their request.

857
00:47:51,748 --> 00:47:53,833
Who killed Robert Wone?
It is a mystery

858
00:47:53,833 --> 00:47:56,711
that's captivated the area
for nearly four years now.

859
00:47:56,711 --> 00:47:59,297
The men who lived at that house
will go on trial tomorrow,

860
00:47:59,297 --> 00:48:01,591
but not for murder,
obstruction of justice.

861
00:48:01,591 --> 00:48:03,843
It's fascinating.
This is a murder case,

862
00:48:03,843 --> 00:48:05,136
but it's not a murder trial.

863
00:48:05,136 --> 00:48:07,430
This was a highly
anticipated trial.

864
00:48:07,430 --> 00:48:11,476
These were prominent people
charged with an awful crime.

865
00:48:11,476 --> 00:48:13,770
Now, the prosecution
doesn't have to prove

866
00:48:13,770 --> 00:48:16,564
{\an8}a motive in this case:
Why was Robert Wone killed?

867
00:48:16,564 --> 00:48:18,232
{\an8}All they have to do is prove

868
00:48:18,232 --> 00:48:20,318
{\an8}that the three men
conspired together

869
00:48:20,318 --> 00:48:21,819
{\an8}to cover up the crime.

870
00:48:21,819 --> 00:48:24,572
{\an8}That was the most high profile
case I ever covered.

871
00:48:24,572 --> 00:48:26,866
The trial could last
up to five weeks.

872
00:48:26,866 --> 00:48:31,788
If convicted, they can each
get up to 38 years in prison.

873
00:48:33,915 --> 00:48:36,459
The courtroom was packed
from the newspapers

874
00:48:36,459 --> 00:48:39,212
to the radio stations
to the television stations.

875
00:48:39,212 --> 00:48:40,797
We were all in there.

876
00:48:40,797 --> 00:48:42,090
There's no cameras.

877
00:48:42,090 --> 00:48:44,550
So we had to have
a sketch artist.

878
00:48:44,550 --> 00:48:46,344
What I remember about
that first day

879
00:48:46,344 --> 00:48:48,262
is seeing all of these people

880
00:48:48,262 --> 00:48:51,015
we've been talking
about for years.

881
00:48:51,015 --> 00:48:56,521
Finally, there's Joe, Victor,
Dylan, all these attorneys,

882
00:48:56,521 --> 00:49:00,733
Kathy Wone and a whole group
of Robert's friends.

883
00:49:02,568 --> 00:49:05,071
I get butterflies
before every trial,

884
00:49:05,071 --> 00:49:08,408
before every opening statement.

885
00:49:08,408 --> 00:49:12,412
I knew I'd have to prove
three key things at trial.

886
00:49:12,412 --> 00:49:14,372
First, there was no intruder.

887
00:49:14,372 --> 00:49:17,542
That's provable bullshit.

888
00:49:17,542 --> 00:49:21,254
Second, we have three
gaping wounds to his torso

889
00:49:21,254 --> 00:49:24,799
but no blood--
no blood on the scene.

890
00:49:24,799 --> 00:49:28,302
And that the knife that they
left on the nightstand

891
00:49:28,302 --> 00:49:30,763
was a plant knife.

892
00:49:30,763 --> 00:49:34,058
All of that, I believe, proved
beyond a reasonable doubt:

893
00:49:34,058 --> 00:49:37,270
this was a clean up
followed by a cover up.

894
00:49:45,361 --> 00:49:47,697
So this is the scale model

895
00:49:47,697 --> 00:49:52,368
constructed for the murder trial
of Robert Wone.

896
00:49:52,368 --> 00:49:55,955
These three guys claim
that an intruder

897
00:49:55,955 --> 00:49:58,499
scales the security fence,

898
00:49:58,499 --> 00:50:02,795
comes upon an inadvertently
left unlocked back door.

899
00:50:02,795 --> 00:50:06,340
He's got to take a knife out of
the butcher block in the kitchen

900
00:50:06,340 --> 00:50:08,301
and make his way
through the living room.

901
00:50:08,301 --> 00:50:10,470
The intruder then walks up 16

902
00:50:10,470 --> 00:50:13,598
more-than-hundred-year-old
wooden stairs

903
00:50:13,598 --> 00:50:15,725
that creak like all get out;

904
00:50:15,725 --> 00:50:17,518
he gets to the top
of the second floor,

905
00:50:17,518 --> 00:50:20,104
has no interest in apparently,
Dylan's bedroom.

906
00:50:20,104 --> 00:50:22,231
Instead. turns 180 degrees,

907
00:50:22,231 --> 00:50:25,193
walks all the way
to the guest room,

908
00:50:25,193 --> 00:50:26,694
opens the door,

909
00:50:26,694 --> 00:50:29,822
walks around all the way
to the other side of the bed,

910
00:50:29,822 --> 00:50:35,203
and he inserts a knife
into Robert's torso three times,

911
00:50:35,203 --> 00:50:38,539
making three
identical stab wounds.

912
00:50:38,539 --> 00:50:43,336
He leaves the knife either lying
across Robert's torso

913
00:50:43,336 --> 00:50:45,421
or in Robert's chest--

914
00:50:45,421 --> 00:50:49,634
because Joe Price
told detectives both things.

915
00:50:49,634 --> 00:50:51,928
Comes back through
the second floor,

916
00:50:51,928 --> 00:50:55,390
presumably runs, because you
don't just leisurely

917
00:50:55,390 --> 00:50:57,809
saunter away
from your own murder scene,

918
00:50:57,809 --> 00:51:00,603
comes back down the stairs
without being seen,

919
00:51:00,603 --> 00:51:03,022
without being heard,
without being detected.

920
00:51:03,022 --> 00:51:07,610
Makes his way all the way out
the back door, over the fence,

921
00:51:07,610 --> 00:51:10,488
without disturbing the pollen
on the top rail.

922
00:51:10,488 --> 00:51:13,408
So I think
the only logical conclusion

923
00:51:13,408 --> 00:51:16,661
is that the killer
is Spider-Man.

924
00:51:18,329 --> 00:51:19,914
Glen's a good courtroom lawyer.

925
00:51:19,914 --> 00:51:23,292
I would say his biggest victory
was his opening statement.

926
00:51:23,292 --> 00:51:26,254
Remember, Glenn's job
is to build.

927
00:51:26,254 --> 00:51:29,340
We don't build a building
next to it

928
00:51:29,340 --> 00:51:30,758
that's bigger and nicer,

929
00:51:30,758 --> 00:51:32,593
because then we're assuming
a burden,

930
00:51:32,593 --> 00:51:35,304
saying, Judge,
our case is better.

931
00:51:35,304 --> 00:51:37,265
Never assume the burden.

932
00:51:37,265 --> 00:51:38,975
Our job is destruction.

933
00:51:38,975 --> 00:51:42,311
You take their case
and you start taking it apart

934
00:51:42,311 --> 00:51:44,188
brick by brick by brick.

935
00:51:44,188 --> 00:51:45,898
Glenn's basic format:

936
00:51:45,898 --> 00:51:49,652
four people in a house,
one person dead--

937
00:51:49,652 --> 00:51:51,988
that is very persuasive.

938
00:51:51,988 --> 00:51:53,197
It stops there.

939
00:51:53,197 --> 00:51:57,118
The rest of it
is nothing short of voodoo.

940
00:51:57,118 --> 00:51:58,494
The defense says it's a case

941
00:51:58,494 --> 00:52:00,538
based on assumption
and innuendo.

942
00:52:00,538 --> 00:52:02,999
The defense says the police
never really investigated

943
00:52:02,999 --> 00:52:06,544
the theory that an intruder
broke into the house that night.

944
00:52:06,544 --> 00:52:09,380
But today, they have
the evidence to prove it.

945
00:52:12,800 --> 00:52:16,846
The first time we were here
with my investigator,

946
00:52:16,846 --> 00:52:20,850
he realized that you could open
this mail slot,

947
00:52:20,850 --> 00:52:26,439
put your hand in and open
the door from the inside.

948
00:52:26,439 --> 00:52:29,609
The defense also submitted
as an exhibit

949
00:52:29,609 --> 00:52:32,737
a short clip
of one of the defense attorneys

950
00:52:32,737 --> 00:52:35,740
grab the top of the fence
and vaulted it.

951
00:52:35,740 --> 00:52:39,535
Not complex, you didn't need
superhuman strength.

952
00:52:39,535 --> 00:52:41,245
{\an8}During the investigation,

953
00:52:41,245 --> 00:52:44,290
{\an8}we knocked on the door
of this house right next door.

954
00:52:44,290 --> 00:52:48,878
The housekeeper was there
and she was home that night.

955
00:52:48,878 --> 00:52:53,007
She explained that the morning
following the homicide,

956
00:52:53,007 --> 00:52:57,011
{\an8}she finds that there
are two foot impressions

957
00:52:57,011 --> 00:52:58,554
{\an8}on the sandbox,

958
00:52:58,554 --> 00:53:00,598
{\an8}as if someone had jumped
over the fence

959
00:53:00,598 --> 00:53:02,308
and landed right on this.

960
00:53:02,308 --> 00:53:06,396
She walks next door,
finds the detective and says,

961
00:53:06,396 --> 00:53:07,897
"In my backyard,
I might have something

962
00:53:07,897 --> 00:53:10,233
you'd be interested in seeing,"

963
00:53:10,233 --> 00:53:11,734
evidence that would show

964
00:53:11,734 --> 00:53:14,737
that someone jumped
over the fence at Price's house,

965
00:53:14,737 --> 00:53:18,491
and the police detective says,
"Don't worry about it.

966
00:53:18,491 --> 00:53:21,786
We already have
the people involved."

967
00:53:21,786 --> 00:53:23,746
This is the next day.

968
00:53:23,746 --> 00:53:27,792
Pretty compelling evidence
ignored by the police.

969
00:53:29,210 --> 00:53:32,630
Today's testimony could make
or break the prosecution's case.

970
00:53:32,630 --> 00:53:35,800
The deputy medical examiner
took the stand.

971
00:53:39,011 --> 00:53:42,890
The fact that there wasn't
any blood found at the scene

972
00:53:42,890 --> 00:53:45,852
was one of the biggest mysteries
in this case.

973
00:53:45,852 --> 00:53:51,232
{\an8}A man is stabbed one, two,
three times

974
00:53:51,232 --> 00:53:52,734
{\an8}in the chest.

975
00:53:52,734 --> 00:53:55,778
{\an8}One of the stab wounds
goes through his heart.

976
00:53:55,778 --> 00:53:59,949
There are a few drops of blood.
Where's the blood?

977
00:53:59,949 --> 00:54:02,785
The first day of my testimony

978
00:54:02,785 --> 00:54:06,789
{\an8}was all dedicated
to the autopsy findings

979
00:54:06,789 --> 00:54:09,959
{\an8}and the three stab wounds.

980
00:54:09,959 --> 00:54:14,964
These wounds injured his heart
and major blood vessels

981
00:54:14,964 --> 00:54:20,303
that would have caused
significant blood loss.

982
00:54:20,303 --> 00:54:22,096
I was able to measure blood

983
00:54:22,096 --> 00:54:25,475
that had accumulated
in Mr. Wone's body.

984
00:54:25,475 --> 00:54:31,647
My estimation was approximately
one third of his blood volume.

985
00:54:31,647 --> 00:54:35,318
As to the whereabouts of
the other two thirds,

986
00:54:35,318 --> 00:54:36,652
I don't know.

987
00:54:36,652 --> 00:54:38,446
The medical examiner testified

988
00:54:38,446 --> 00:54:41,991
that she found a third
of a normal human being's blood

989
00:54:41,991 --> 00:54:45,161
in Robert Wone, but the defense
is saying that there wasn't

990
00:54:45,161 --> 00:54:49,707
the bleeding that the police
would expect to see.

991
00:54:49,707 --> 00:54:52,585
{\an8}The defense does not
necessarily have to provide

992
00:54:52,585 --> 00:54:57,840
{\an8}anything more than poking holes
or questioning the evidence

993
00:54:57,840 --> 00:55:00,009
and the claims
by the prosecution.

994
00:55:00,009 --> 00:55:01,803
And this is what
the defense did.

995
00:55:01,803 --> 00:55:06,474
The renowned crime scene
expert, Dr. Henry Lee,

996
00:55:06,474 --> 00:55:09,852
big time witness
in the O.J. Simpson case,

997
00:55:09,852 --> 00:55:13,356
brought to superior court today
by the defense.

998
00:55:13,356 --> 00:55:14,982
Dr. Lee takes the stand

999
00:55:14,982 --> 00:55:18,444
and he is saying that Robert
was stabbed through the heart,

1000
00:55:18,444 --> 00:55:20,071
he bled out internally.

1001
00:55:20,071 --> 00:55:24,200
And so all of the blood
remained inside his body.

1002
00:55:24,200 --> 00:55:27,495
That's why you didn't get
any blood spatter

1003
00:55:27,495 --> 00:55:31,707
out around the bed
or in the room.

1004
00:55:33,209 --> 00:55:35,545
I disagree with
the defense theory

1005
00:55:35,545 --> 00:55:40,508
that there would have been
minimal external blood loss.

1006
00:55:40,508 --> 00:55:45,096
And they tried to say that
Mr. Wone died almost instantly

1007
00:55:45,096 --> 00:55:48,766
because of the wound
to his heart.

1008
00:55:48,766 --> 00:55:50,226
There was internal bleeding.

1009
00:55:50,226 --> 00:55:54,230
We know that because
he was forced to lie there

1010
00:55:54,230 --> 00:55:57,066
digesting his own blood
before he ultimately died.

1011
00:55:57,066 --> 00:56:00,737
There also would have been
external bleeding.

1012
00:56:00,737 --> 00:56:03,239
Jeff Baker said
his torso appeared

1013
00:56:03,239 --> 00:56:06,200
as if it had been
completely wiped clean.

1014
00:56:06,200 --> 00:56:08,202
I'm going to credit
the first one on the scene

1015
00:56:08,202 --> 00:56:11,581
before I'm going to credit
Bernie's take on any of this.

1016
00:56:15,918 --> 00:56:18,796
During the trial,
what stood out to me

1017
00:56:18,796 --> 00:56:20,840
was the fight over the knife.

1018
00:56:20,840 --> 00:56:22,884
Glenn is saying
it's a plant knife.

1019
00:56:22,884 --> 00:56:25,511
They dipped a towel
in Robert's blood,

1020
00:56:25,511 --> 00:56:27,388
and then they took the knife

1021
00:56:27,388 --> 00:56:30,892
and then they drew the knife
through the towel.

1022
00:56:30,892 --> 00:56:34,812
Dr. Lee proceeds
to give a theory on the knife.

1023
00:56:34,812 --> 00:56:37,815
It is opposite
of Glenn's theory.

1024
00:56:37,815 --> 00:56:40,651
He demonstrated it
was like taking a knife

1025
00:56:40,651 --> 00:56:42,195
and dipping it
into a catch a bottle.

1026
00:56:42,195 --> 00:56:45,281
So you're plunging it
in and out, in and out.

1027
00:56:45,281 --> 00:56:49,577
And that he could see that
kind of pattern on the knife

1028
00:56:49,577 --> 00:56:51,204
found at the scene.

1029
00:56:51,204 --> 00:56:54,957
I still remember Glenn Kirshner
standing in the courtroom

1030
00:56:54,957 --> 00:56:59,295
arguing, "that knife is too long
to inflict those wounds."

1031
00:56:59,295 --> 00:57:02,131
The knife that was perfect
would have been

1032
00:57:02,131 --> 00:57:07,220
in the knife set that was inside
Dylan Ward's bedroom.

1033
00:57:07,220 --> 00:57:12,600
Glenn said Dylan or someone
used that knife, killed Robert,

1034
00:57:12,600 --> 00:57:15,853
then discarded the knife so
the government couldn't find

1035
00:57:15,853 --> 00:57:17,605
the murder weapon.

1036
00:57:17,605 --> 00:57:20,316
And then you have
the coup de grace here, right?

1037
00:57:20,316 --> 00:57:25,154
The defense attorneys bring
Dylan's mother in to testify.

1038
00:57:26,948 --> 00:57:29,158
Dylan Ward's mother had said
the cutlery set

1039
00:57:29,158 --> 00:57:32,745
that Dylan Ward had,
she had mailed to him.

1040
00:57:32,745 --> 00:57:35,164
The one knife that was missing

1041
00:57:35,164 --> 00:57:37,417
that the government said
was the murder weapon

1042
00:57:37,417 --> 00:57:40,545
was a knife she removed
and kept for herself

1043
00:57:40,545 --> 00:57:44,048
and did not mail to Dylan.

1044
00:57:44,048 --> 00:57:45,842
This was a surprise.

1045
00:57:45,842 --> 00:57:49,011
You don't get to stop
proceedings mid-trial.

1046
00:57:49,011 --> 00:57:50,722
We're surprised all the time.

1047
00:57:50,722 --> 00:57:52,098
You don't get a recess.

1048
00:57:52,098 --> 00:57:53,725
This is a shootout
at the O.K. Corral.

1049
00:57:53,725 --> 00:57:56,144
You know, Wyatt Earp doesn't
say, "Hey, I'm out of bullets,

1050
00:57:56,144 --> 00:57:59,564
do you guys mind waiting
for a second?"

1051
00:57:59,564 --> 00:58:03,526
And it was not a surprise
that the mother of a defendant

1052
00:58:03,526 --> 00:58:05,695
would come in and say,
"Hey, I have a piece of evidence

1053
00:58:05,695 --> 00:58:07,822
that helps my son."

1054
00:58:07,822 --> 00:58:09,741
I don't call people liars
in court.

1055
00:58:09,741 --> 00:58:11,701
Parents try to help
their children.

1056
00:58:11,701 --> 00:58:13,870
It's human nature.

1057
00:58:16,038 --> 00:58:19,917
Trials are kind of like
heavyweight championship fights.

1058
00:58:19,917 --> 00:58:23,463
You are in there
throwing punches,

1059
00:58:23,463 --> 00:58:25,715
having punches thrown at you.

1060
00:58:25,715 --> 00:58:29,093
At the end, you're bloodied
and you're beaten up, you know.

1061
00:58:29,093 --> 00:58:32,055
At some point,
that final bell rings.

1062
00:58:35,141 --> 00:58:37,310
After sitting through
all the evidence,

1063
00:58:37,310 --> 00:58:41,481
how the defense had argued
so vociferously with Glenn

1064
00:58:41,481 --> 00:58:47,236
over the knife and hearing
Dr. Henry Lee's explanation,

1065
00:58:47,236 --> 00:58:51,991
there were parts of the trial
that made you really question

1066
00:58:51,991 --> 00:58:54,827
what kind of case
the government had here.

1067
00:58:54,827 --> 00:58:56,621
Today, the defense
rested its case.

1068
00:58:56,621 --> 00:58:59,999
They've called seven witnesses,
including four doctors,

1069
00:58:59,999 --> 00:59:02,251
in an effort to prove
that the three housemates

1070
00:59:02,251 --> 00:59:08,007
had no knowledge of the crime,
no time to cover up that murder.

1071
00:59:11,803 --> 00:59:15,681
What I tried to prove was that
these three men had lied,

1072
00:59:15,681 --> 00:59:17,141
engaged in misdirection,

1073
00:59:17,141 --> 00:59:20,728
and that they all did it jointly
in a conspiracy,

1074
00:59:20,728 --> 00:59:24,649
full stop.

1075
00:59:24,649 --> 00:59:28,319
Glenn's evidence
is just bullshit.

1076
00:59:28,319 --> 00:59:32,573
In order to find one,
two or three guilty,

1077
00:59:32,573 --> 00:59:35,410
you have to conclude
beyond a reasonable doubt

1078
00:59:35,410 --> 00:59:38,955
that all three of them
conspired to obstruct justice

1079
00:59:38,955 --> 00:59:42,417
by cleaning up the crime scene,
by delaying the phone call,

1080
00:59:42,417 --> 00:59:46,087
by getting rid of evidence--
and then, which person did it?

1081
00:59:46,087 --> 00:59:49,298
Therein lies your problem--
the math problem.

1082
00:59:49,298 --> 00:59:52,969
Glenn kept using the word
"they"-- well, who?

1083
00:59:52,969 --> 00:59:54,887
Which one did it?

1084
00:59:54,887 --> 00:59:57,390
Which two did it?
Did all three do it?

1085
01:00:06,357 --> 01:00:08,818
The prosecution has rested
in the obstruction case

1086
01:00:08,818 --> 01:00:11,487
involving the murder
of D.C. lawyer Robert Wone.

1087
01:00:11,487 --> 01:00:16,325
A judge is now deciding the fate
of the three defendants.

1088
01:00:16,325 --> 01:00:18,244
I thought that Glenn
presented enough evidence

1089
01:00:18,244 --> 01:00:21,205
to find those guys
guilty of obstruction.

1090
01:00:23,374 --> 01:00:27,045
{\an8}The misdirection
to the intruder theory,

1091
01:00:27,045 --> 01:00:30,506
{\an8}the guys being
freshly showered--

1092
01:00:30,506 --> 01:00:36,345
to me, that alone told you
they were hiding things.

1093
01:00:36,345 --> 01:00:38,014
I hoped every night
when I went home

1094
01:00:38,014 --> 01:00:40,391
that they were going
to get convicted.

1095
01:00:42,310 --> 01:00:44,353
Judge Leibovitz
was deliberating.

1096
01:00:44,353 --> 01:00:45,730
{\an8}The case was closed,
she said,

1097
01:00:45,730 --> 01:00:47,356
{\an8}"I'll be back in a week
with the verdict."

1098
01:00:47,356 --> 01:00:51,319
The entire time
you're on pins and needles.

1099
01:00:53,529 --> 01:00:56,491
Another big story, a ruling in
the trial against three men

1100
01:00:56,491 --> 01:01:00,661
accused of covering up
the murder of Robert Wone.

1101
01:01:00,661 --> 01:01:03,915
I remember
being in the newsroom

1102
01:01:03,915 --> 01:01:05,458
and getting a call

1103
01:01:05,458 --> 01:01:08,211
{\an8}that there was going to be
a verdict,

1104
01:01:08,211 --> 01:01:10,213
{\an8}and racing to Superior Court.

1105
01:01:10,213 --> 01:01:14,008
We all get in there,
the place is packed.

1106
01:01:14,008 --> 01:01:18,721
{\an8}Each of the defendants were
very solemn when they came in.

1107
01:01:18,721 --> 01:01:20,223
There was no levity.

1108
01:01:20,223 --> 01:01:25,019
There was a hush when Kathy
and Robert's family came in.

1109
01:01:25,019 --> 01:01:26,521
The judge takes the bench

1110
01:01:26,521 --> 01:01:29,774
and you could feel
the tension within the room.

1111
01:01:29,774 --> 01:01:34,445
{\an8}There was a tremendous amount
of anticipation for this verdict

1112
01:01:34,445 --> 01:01:37,323
where either these three guys
were going to be convicted,

1113
01:01:37,323 --> 01:01:39,826
handcuffed and taken away,

1114
01:01:39,826 --> 01:01:41,911
or they were going to walk free.

1115
01:01:51,170 --> 01:01:54,465
{\an8}I turned first
to the intruder theory.

1116
01:01:54,465 --> 01:01:56,342
I am persuaded
by the trial evidence

1117
01:01:56,342 --> 01:01:57,927
that the murder of Robert Wone

1118
01:01:57,927 --> 01:02:02,432
was not committed by an intruder
unknown to the defendants.

1119
01:02:02,432 --> 01:02:08,646
{\an8}The judge pretty easily
dismissed the notion

1120
01:02:08,646 --> 01:02:12,650
{\an8}that an intruder,
unknown, unseen, unheard,

1121
01:02:12,650 --> 01:02:15,945
had killed Robert.

1122
01:02:15,945 --> 01:02:17,864
It's a 38-page document.

1123
01:02:17,864 --> 01:02:19,615
I remember sitting there.

1124
01:02:19,615 --> 01:02:23,619
I had a reaction on virtually
almost every page

1125
01:02:23,619 --> 01:02:27,123
where I would say,
"Oh, she's going to convict."

1126
01:02:27,123 --> 01:02:30,501
This is not to say that there
is no possibility whatsoever

1127
01:02:30,501 --> 01:02:34,630
that an intruder entered,
as the defendants say one did.

1128
01:02:34,630 --> 01:02:37,341
And then the next page,
"oh, she's going to acquit."

1129
01:02:37,341 --> 01:02:38,843
The essential question remains

1130
01:02:38,843 --> 01:02:42,013
whether the evidence proves
beyond a reasonable doubt

1131
01:02:42,013 --> 01:02:43,598
as to any defendant

1132
01:02:43,598 --> 01:02:47,643
that he knew sufficient
information about the murder.

1133
01:02:47,643 --> 01:02:51,355
Uniformly, they said
that there was an intruder,

1134
01:02:51,355 --> 01:02:53,858
in separate rooms,
in separate interviews.

1135
01:02:53,858 --> 01:02:57,487
She could not conclude that
that was obstruction of justice

1136
01:02:57,487 --> 01:03:01,365
because she couldn't
conclude specific intent.

1137
01:03:01,365 --> 01:03:03,993
Some of the most persuasive
evidence supporting

1138
01:03:03,993 --> 01:03:05,453
the government's position

1139
01:03:05,453 --> 01:03:07,371
is each one of them displayed
a demeanor

1140
01:03:07,371 --> 01:03:09,457
wholly at odds
with what anyone would expect

1141
01:03:09,457 --> 01:03:11,334
from an innocent person
whose friend

1142
01:03:11,334 --> 01:03:12,877
had just been murdered.

1143
01:03:12,877 --> 01:03:16,839
She shredded the three of these
men's characters.

1144
01:03:16,839 --> 01:03:19,634
{\an8}This was true
during the 911 call.

1145
01:03:20,802 --> 01:03:23,429
{\an8}And when the defendants were on
videotape talking to police,

1146
01:03:23,429 --> 01:03:26,015
Mr. Zaborsky
was histrionic and tearful,

1147
01:03:26,015 --> 01:03:28,434
but his words and demeanor
on the 911 call

1148
01:03:28,434 --> 01:03:30,937
are at best odd
and eyebrow raising,

1149
01:03:30,937 --> 01:03:33,356
and at worst, calculated.

1150
01:03:33,356 --> 01:03:35,858
- Bizarre behavior.
- Bizarre.

1151
01:03:35,858 --> 01:03:38,152
Mr. Price was consistently arrogant,

1152
01:03:38,152 --> 01:03:40,488
unconcerned and dismissive.

1153
01:03:43,908 --> 01:03:48,579
Emotionless.
It doesn't make any sense

1154
01:03:48,579 --> 01:03:52,542
with the loss of a deep,
longstanding friend.

1155
01:03:52,542 --> 01:03:55,795
Mr. Ward was, from the start,
distant and detached,

1156
01:03:55,795 --> 01:03:57,588
unmoved and calm.

1157
01:03:59,590 --> 01:04:02,552
Like, fuck-- it sounded like
she was going to

1158
01:04:02,552 --> 01:04:05,346
find them all guilty.

1159
01:04:05,346 --> 01:04:08,307
It's almost as if you see
a tractor trailer

1160
01:04:08,307 --> 01:04:09,934
about to T-bone your car,

1161
01:04:09,934 --> 01:04:12,311
and you don't know if you can
get out of the way quick enough.

1162
01:04:12,311 --> 01:04:15,773
It was 47 minutes of terror,

1163
01:04:15,773 --> 01:04:17,066
absolute terror.

1164
01:04:17,066 --> 01:04:19,402
And then--
- I conclude that the knife used

1165
01:04:19,402 --> 01:04:20,945
to commit the stabbing was,
in fact,

1166
01:04:20,945 --> 01:04:24,073
the kitchen knife
found on the nightstand.

1167
01:04:24,073 --> 01:04:26,868
She did not believe
that that knife was a plant.

1168
01:04:26,868 --> 01:04:30,121
She believed, based on
the evidence that she had heard

1169
01:04:30,121 --> 01:04:34,751
from Dr. Henry Lee,
that that was the murder weapon.

1170
01:04:34,751 --> 01:04:38,463
But as she's going through
the evidence against Joe Price,

1171
01:04:38,463 --> 01:04:41,174
she believed that
he had tampered

1172
01:04:41,174 --> 01:04:43,426
with the knife at the scene.

1173
01:04:43,426 --> 01:04:45,053
It is very likely that
Mr. Price

1174
01:04:45,053 --> 01:04:47,597
pulled the murder weapon
from the victim's chest,

1175
01:04:47,597 --> 01:04:49,265
wiped the blade,
and even possibly

1176
01:04:49,265 --> 01:04:51,392
the handle of the knife.

1177
01:04:51,392 --> 01:04:54,312
But she couldn't come up
with the intent.

1178
01:04:54,312 --> 01:04:56,314
I cannot say why he pulled
the knife

1179
01:04:56,314 --> 01:04:59,317
or that his reasons for failing
to tell the police about it

1180
01:04:59,317 --> 01:05:00,943
were to obstruct justice.

1181
01:05:00,943 --> 01:05:03,071
This is a roller coaster
you're going through

1182
01:05:03,071 --> 01:05:05,406
as you're sitting there,
as she's reading this,

1183
01:05:05,406 --> 01:05:07,533
you're going back and forth.

1184
01:05:07,533 --> 01:05:09,535
I conclude that
the government's evidence

1185
01:05:09,535 --> 01:05:13,289
does not prove the defendant's
timelines are false.

1186
01:05:13,289 --> 01:05:16,959
She didn't believe that they
had delayed the call to 911

1187
01:05:16,959 --> 01:05:20,630
or that they had
cleaned up the blood.

1188
01:05:20,630 --> 01:05:23,007
The American
criminal justice system

1189
01:05:23,007 --> 01:05:24,425
presumes a person innocent

1190
01:05:24,425 --> 01:05:26,844
until the prosecution
proves him guilty.

1191
01:05:28,596 --> 01:05:31,516
The degree of certainty
necessary to convict a defendant

1192
01:05:31,516 --> 01:05:35,144
is proof beyond
a reasonable doubt.

1193
01:05:35,144 --> 01:05:38,564
Based on the foregoing,
I find Joseph Price,

1194
01:05:38,564 --> 01:05:41,692
Dylan Ward
and Victor's Zaborsky...

1195
01:05:45,071 --> 01:05:46,823
Not guilty.

1196
01:05:57,834 --> 01:06:02,880
It all just sort of went up
in a puff of smoke at the end.

1197
01:06:04,090 --> 01:06:07,343
There was just
a collective exhale.

1198
01:06:07,343 --> 01:06:09,846
The judge says "not guilty,"

1199
01:06:09,846 --> 01:06:14,767
and you just walk out
of there stunned.

1200
01:06:14,767 --> 01:06:17,687
And at that point,
I recall Kathy Wone

1201
01:06:17,687 --> 01:06:19,313
and the other members
of the family

1202
01:06:19,313 --> 01:06:21,441
quickly exiting the courtroom

1203
01:06:21,441 --> 01:06:24,652
before the judge
even gaveled out.

1204
01:06:27,405 --> 01:06:31,409
There was no justice for
a woman who lost her husband,

1205
01:06:31,409 --> 01:06:36,080
no justice for a mother
and father who lost their son.

1206
01:06:37,749 --> 01:06:41,377
There was no elation
on the defense side.

1207
01:06:41,377 --> 01:06:44,047
There's no winners.
Everyone loses.

1208
01:06:44,047 --> 01:06:46,049
Kathy lost her husband.

1209
01:06:46,049 --> 01:06:48,718
Joe lost his reputation,
his partnership.

1210
01:06:48,718 --> 01:06:51,971
They were excommunicated
from the District of Columbia.

1211
01:06:51,971 --> 01:06:54,515
It's a tragedy.

1212
01:06:54,515 --> 01:06:58,019
{\an8}Even if the defendants did not
participate in the murder,

1213
01:06:58,019 --> 01:07:00,938
some or all of them knew enough
about the circumstances of it

1214
01:07:00,938 --> 01:07:04,525
to provide helpful information
to law enforcement

1215
01:07:04,525 --> 01:07:06,486
and have chosen to withhold
that information

1216
01:07:06,486 --> 01:07:08,863
for reasons of their own.

1217
01:07:08,863 --> 01:07:11,365
{\an8}The judge even acknowledged

1218
01:07:11,365 --> 01:07:13,659
{\an8}that she did not buy

1219
01:07:13,659 --> 01:07:15,078
{\an8}the story they were telling.

1220
01:07:15,078 --> 01:07:18,748
So, how do you find them
not guilty?

1221
01:07:18,748 --> 01:07:21,751
My focus on the difference
between moral certainty

1222
01:07:21,751 --> 01:07:23,836
and evidentiary certainty
in this case

1223
01:07:23,836 --> 01:07:27,215
is probably cold comfort
to those who loved Robert Wone

1224
01:07:27,215 --> 01:07:31,511
and wish for some measure
of peace or justice.

1225
01:07:31,511 --> 01:07:33,262
Judge Leibovitz said,
"Make no mistake,

1226
01:07:33,262 --> 01:07:34,847
I know what happened in there,"

1227
01:07:34,847 --> 01:07:40,186
which was completely gratuitous
and unnecessary.

1228
01:07:40,186 --> 01:07:42,397
Judge Leibovitz made
an observation

1229
01:07:42,397 --> 01:07:45,650
that there's a difference
between moral certainty--

1230
01:07:45,650 --> 01:07:47,276
that these guys covered up
the crime

1231
01:07:47,276 --> 01:07:49,695
and we all kind of know it--

1232
01:07:49,695 --> 01:07:51,948
and evidentiary certainty--

1233
01:07:51,948 --> 01:07:56,828
more precisely,
proof beyond a reasonable doubt.

1234
01:07:58,371 --> 01:08:00,415
The judge has acquitted
all three

1235
01:08:00,415 --> 01:08:02,458
on obstruction
of justice charges.

1236
01:08:02,458 --> 01:08:04,669
Kathy Wone left the courthouse
in tears,

1237
01:08:04,669 --> 01:08:07,088
her quest for justice
in a shambles.

1238
01:08:07,088 --> 01:08:08,548
She declined to comment.

1239
01:08:08,548 --> 01:08:09,882
As they have since
the night of the murder,

1240
01:08:09,882 --> 01:08:12,427
all three defendants
also had nothing to say.

1241
01:08:12,427 --> 01:08:13,928
We have no comment right now.

1242
01:08:13,928 --> 01:08:17,557
We all understand
and accept the judge's verdict.

1243
01:08:17,557 --> 01:08:21,436
We can only hope
that further evidence

1244
01:08:21,436 --> 01:08:22,812
continues to come to light

1245
01:08:22,812 --> 01:08:24,647
that will allow us
to move forward

1246
01:08:24,647 --> 01:08:27,650
in the homicide investigation.

1247
01:08:30,611 --> 01:08:33,239
{\an8}I-- "regret" is too strong
a word;

1248
01:08:33,239 --> 01:08:34,824
I question myself.

1249
01:08:34,824 --> 01:08:37,493
I think we made
the best decision

1250
01:08:37,493 --> 01:08:39,495
for the right reasons
at the time.

1251
01:08:39,495 --> 01:08:44,000
Maybe I should have seen things
that I didn't see back then,

1252
01:08:44,000 --> 01:08:47,170
because perhaps the result
would have been different.

1253
01:08:49,047 --> 01:08:52,258
I think the Court's verdict
reflects just a lot of time

1254
01:08:52,258 --> 01:08:54,594
that the judge spent
over the evidence,

1255
01:08:54,594 --> 01:08:56,679
over the testimony.

1256
01:08:56,679 --> 01:08:58,931
Unless there's other evidence
I'm unaware of,

1257
01:08:58,931 --> 01:09:01,726
you'll never shake me
that Price is innocent.

1258
01:09:01,726 --> 01:09:04,228
I could be fooled,
but after 33 years,

1259
01:09:04,228 --> 01:09:06,564
I can get a pretty good
read on people.

1260
01:09:06,564 --> 01:09:11,027
He was factually innocent;
and if he is, the other two are.

1261
01:09:14,072 --> 01:09:16,074
There's not
unanswered questions,

1262
01:09:16,074 --> 01:09:20,119
there's one singular question,
which is: who did it?

1263
01:09:33,091 --> 01:09:35,635
A bombshell dropped in
the trial of three men accused

1264
01:09:35,635 --> 01:09:37,178
of covering up
the murder of a friend.

1265
01:09:37,178 --> 01:09:40,223
A source familiar with the case
says his widow has agreed

1266
01:09:40,223 --> 01:09:42,809
to settle her $20 million
wrongful death

1267
01:09:42,809 --> 01:09:44,477
civil suit out of court.

1268
01:09:44,477 --> 01:09:47,355
Kathy brought a wrongful death
suit against the three guys,

1269
01:09:47,355 --> 01:09:49,148
Joe, Victor and Dylan.

1270
01:09:49,148 --> 01:09:51,651
Kathy wanted them to speak.
She begged them to come

1271
01:09:51,651 --> 01:09:53,486
and testify at the civil trial.

1272
01:09:53,486 --> 01:09:54,904
They took the Fifth.

1273
01:09:54,904 --> 01:09:57,281
They are hiding behind
the Fifth Amendment

1274
01:09:57,281 --> 01:10:01,327
on very straightforward
questions like,

1275
01:10:01,327 --> 01:10:03,830
Did you kill Robert Wone?

1276
01:10:03,830 --> 01:10:07,708
Kathy Wone settled for a cash
settlement to a charitable trust

1277
01:10:07,708 --> 01:10:11,212
because the trio
refused to cooperate.

1278
01:10:11,212 --> 01:10:13,005
It's undisclosed,
the dollar amount--

1279
01:10:13,005 --> 01:10:14,006
we have no idea.

1280
01:10:14,006 --> 01:10:15,925
When you settle a civil suit,

1281
01:10:15,925 --> 01:10:18,344
when you've been accused
of wrongfully

1282
01:10:18,344 --> 01:10:21,055
causing the death of somebody,
and you decide,

1283
01:10:21,055 --> 01:10:22,849
I'm not going to go to court
and fight that,

1284
01:10:22,849 --> 01:10:25,810
rather, I'm going to pay out
to make it go away--

1285
01:10:25,810 --> 01:10:28,813
I don't equate
that with justice.

1286
01:10:31,399 --> 01:10:32,525
It's very draining.

1287
01:10:32,525 --> 01:10:35,695
{\an8}It does require
a lot out of you,

1288
01:10:35,695 --> 01:10:37,822
{\an8}both emotionally and physically.

1289
01:10:37,822 --> 01:10:41,367
You come to realize
that it's actually very sacred.

1290
01:10:41,367 --> 01:10:42,952
That makes a big difference,

1291
01:10:42,952 --> 01:10:45,496
rather than just viewing
that emotional void

1292
01:10:45,496 --> 01:10:47,915
as just a black hole.

1293
01:10:47,915 --> 01:10:50,877
The four and a half years
that I had with Robert,

1294
01:10:50,877 --> 01:10:52,670
it is a very sacred.

1295
01:11:05,892 --> 01:11:10,146
There are three people who know
who murdered Robert Wan.

1296
01:11:13,107 --> 01:11:15,568
And they're still not talking.

1297
01:11:15,568 --> 01:11:18,821
It angers me that

1298
01:11:18,821 --> 01:11:22,575
Joe, Victor and Dylan

1299
01:11:22,575 --> 01:11:24,911
abdicated their responsibility

1300
01:11:24,911 --> 01:11:27,246
to their good friend Robert.

1301
01:11:27,246 --> 01:11:28,664
It's not over yet.

1302
01:11:28,664 --> 01:11:31,834
It may be a long time,
but it's not over.

1303
01:11:33,920 --> 01:11:37,757
To this day,
we don't have answers.

1304
01:11:37,757 --> 01:11:40,259
I'm hoping that somebody
will recall something

1305
01:11:40,259 --> 01:11:43,805
about that night that they never
told anybody and come forward

1306
01:11:43,805 --> 01:11:46,641
and give us the keys
or the clues

1307
01:11:46,641 --> 01:11:50,144
that help detectives
solve what happened.

1308
01:11:52,063 --> 01:11:56,275
When I die, first question
I'm going to ask God:

1309
01:11:56,275 --> 01:11:58,361
Who killed Robert Wone?

1310
01:12:05,785 --> 01:12:08,162
One of the things
I've come to learn

1311
01:12:08,162 --> 01:12:10,623
over my career
as a prosecutor is,

1312
01:12:10,623 --> 01:12:13,167
justice is a never-ending
journey.

1313
01:12:13,167 --> 01:12:15,002
It's a process.

1314
01:12:17,213 --> 01:12:19,090
Glenn has told me,
even though he's retired

1315
01:12:19,090 --> 01:12:22,009
from the U.S. Attorney's office,
this will always be his case.

1316
01:12:22,009 --> 01:12:24,846
There's no statute
of limitations on murder

1317
01:12:24,846 --> 01:12:26,097
in the District of Columbia.

1318
01:12:26,097 --> 01:12:28,307
If evidence surfaced
down the road

1319
01:12:28,307 --> 01:12:31,519
that would prove what happened
inside that house that night,

1320
01:12:31,519 --> 01:12:33,855
somebody could be prosecuted.

1321
01:12:35,565 --> 01:12:39,110
The homicide case
is still out there lurking--

1322
01:12:39,110 --> 01:12:42,739
all's Glenn needs
is one statement, one accident,

1323
01:12:42,739 --> 01:12:45,908
somebody says
something out of context,

1324
01:12:45,908 --> 01:12:49,162
and he's back in the ball game.

1325
01:12:49,162 --> 01:12:53,332
They bring them up on murder
charges and I'll try it.

1326
01:12:53,332 --> 01:12:55,043
I-I'll do it for nothin'.

1327
01:13:00,715 --> 01:13:03,718
I don't feel like
I've ever stopped.

1328
01:13:07,346 --> 01:13:11,434
We'll keep working to find
Robert's killers.

1329
01:13:13,436 --> 01:13:17,774
That final chapter
remains to be written.

1330
01:14:02,235 --> 01:14:06,447
{\an8}Why would it be Dylan
as opposed to Joe or Victor?

1331
01:14:17,834 --> 01:14:19,919
This case has more questions
than it has answers.

1332
01:14:19,919 --> 01:14:23,256
I don't know.
And it will bug me forever.

1333
01:14:23,256 --> 01:14:25,633
But yeah, you're right,
if somebody said,

1334
01:14:25,633 --> 01:14:28,094
"Bernie, there's a gun
to your mother's head,

1335
01:14:28,094 --> 01:14:29,846
what's your best guess?"

1336
01:14:29,846 --> 01:14:31,305
I'd say Dylan.