1 00:00:02,872 --> 00:00:05,657 Sam Herr was my son. 2 00:00:05,701 --> 00:00:07,181 He was our only child, 3 00:00:07,224 --> 00:00:09,922 so we focused all our attention on Sam. 4 00:00:09,966 --> 00:00:12,099 He got out of the military. 5 00:00:12,142 --> 00:00:13,796 He was going to college. 6 00:00:13,839 --> 00:00:16,190 Things were looking good until the day I found 7 00:00:16,233 --> 00:00:19,149 Julie's body in Sam's apartment. 8 00:00:27,288 --> 00:00:30,073 - It was terrifying to hear what happened to her. 9 00:00:30,117 --> 00:00:33,294 - On the back of her sweatshirt was, 10 00:00:33,337 --> 00:00:35,296 "Eff you, she's all yours." 11 00:00:35,339 --> 00:00:38,255 - I said, Sam could not have done this. 12 00:00:38,299 --> 00:00:40,910 Did he take off? Was he kidnapped? I don't know. 13 00:00:40,953 --> 00:00:43,826 - The suspect had months and months to plan this out. 14 00:00:43,869 --> 00:00:45,480 It was certainly premeditated. 15 00:00:45,523 --> 00:00:47,656 - There is a level of desensitization, 16 00:00:47,699 --> 00:00:51,834 a level of inhumanity that really screams 17 00:00:51,877 --> 00:00:54,141 serial killer-type of crime. 18 00:00:54,184 --> 00:00:56,143 - He hatched this plot to murder 19 00:00:56,186 --> 00:00:57,753 two totally innocent human beings. 20 00:00:57,796 --> 00:01:00,799 This was among the worst, most depraved, 21 00:01:00,843 --> 00:01:03,367 evil murderers I have ever prosecuted 22 00:01:03,411 --> 00:01:06,240 in my 26 years as a DA. 23 00:01:20,167 --> 00:01:22,082 - It's another sun-kissed spring day 24 00:01:22,125 --> 00:01:23,909 in Costa Mesa, California, 25 00:01:23,953 --> 00:01:27,043 where 26-year-old Orange Coast College student 26 00:01:27,087 --> 00:01:30,786 Sam Herr plans to spend the weekend with his parents, 27 00:01:30,829 --> 00:01:34,181 who live nearby in Anaheim Hills. 28 00:01:35,182 --> 00:01:38,750 - Sam was supposed to come over our house for the weekend. 29 00:01:38,794 --> 00:01:40,709 He never showed up Friday evening. 30 00:01:40,752 --> 00:01:43,799 And we tried calling. No answer. 31 00:01:43,842 --> 00:01:46,410 I wasn't concerned that much, him being a young man, 32 00:01:46,454 --> 00:01:49,674 going out-- figure he forgot to call. 33 00:01:49,718 --> 00:01:52,329 Then Saturday, we didn't hear from him all day. 34 00:01:52,373 --> 00:01:54,375 We were worried about him. 35 00:01:54,418 --> 00:01:56,464 I had the key to Sam's apartment. 36 00:01:56,507 --> 00:02:00,163 So Saturday evening, I went over there, 37 00:02:00,207 --> 00:02:02,687 got there about 9:00. 38 00:02:02,731 --> 00:02:04,733 I knocked at the door. No answer. 39 00:02:04,776 --> 00:02:07,214 I opened it, turned on the lights. 40 00:02:07,257 --> 00:02:09,390 Everything was spotless. 41 00:02:09,433 --> 00:02:12,088 Then I went into the bedroom. 42 00:02:12,132 --> 00:02:15,570 I saw a woman. 43 00:02:15,613 --> 00:02:18,181 When I touched her, she was cold. 44 00:02:18,225 --> 00:02:20,401 I could see she was dead. 45 00:02:20,444 --> 00:02:22,664 Her head was down, her face was down, 46 00:02:22,707 --> 00:02:24,318 in dried blood. 47 00:02:24,361 --> 00:02:26,276 So obviously, I was stunned. 48 00:02:26,320 --> 00:02:28,583 What happened? 49 00:02:28,626 --> 00:02:31,151 I called 911 immediately. 50 00:02:40,160 --> 00:02:42,205 I did not know who it was 51 00:02:42,249 --> 00:02:44,164 because I never turned her around. 52 00:02:44,207 --> 00:02:45,208 I didn't know what was going on. 53 00:02:45,252 --> 00:02:46,644 I had no idea. 54 00:02:51,171 --> 00:02:54,913 - Within a couple of minutes, Costa Mesa Police officers 55 00:02:54,957 --> 00:02:58,961 arrived at the scene, along with emergency personnel. 56 00:02:59,004 --> 00:03:00,354 They confirmed there is 57 00:03:00,397 --> 00:03:02,225 a deceased female in the bedroom, 58 00:03:02,269 --> 00:03:04,227 indicating a possible crime scene. 59 00:03:04,271 --> 00:03:05,794 With Steve Herr on his way 60 00:03:05,837 --> 00:03:07,796 to the station for questioning, 61 00:03:07,839 --> 00:03:10,102 police take a closer look at the crime scene, 62 00:03:10,146 --> 00:03:12,583 beginning with the victim. 63 00:03:12,627 --> 00:03:15,456 - She appeared to be a young Asian woman. 64 00:03:15,499 --> 00:03:17,588 You could tell that she had severe head trauma, 65 00:03:17,632 --> 00:03:19,764 apparently shot in the head. 66 00:03:19,808 --> 00:03:22,811 But because of her long black hair, 67 00:03:22,854 --> 00:03:26,554 there was no way of knowing the nature of the wounds, 68 00:03:26,597 --> 00:03:28,643 if it was one shot or two that penetrated. 69 00:03:28,686 --> 00:03:30,993 There's a million forensic mysteries at that point 70 00:03:31,036 --> 00:03:32,647 just looking at her. 71 00:03:32,690 --> 00:03:34,823 - Her pants seemed to be pulled down 72 00:03:34,866 --> 00:03:36,128 and cut with scissors. 73 00:03:36,172 --> 00:03:40,220 - Written on the back of her sweatshirt was, 74 00:03:40,263 --> 00:03:42,222 "Eff you, she's all yours." 75 00:03:42,265 --> 00:03:44,615 So that looks like a sexual assault. 76 00:03:44,659 --> 00:03:47,705 It looks like some sort of jealous rage. 77 00:03:49,577 --> 00:03:52,623 When police searched Sam's apartment, 78 00:03:52,667 --> 00:03:54,582 they couldn't find his passport. 79 00:03:54,625 --> 00:03:57,280 His ID was missing, his wallet was missing, 80 00:03:57,324 --> 00:03:59,369 and they didn't know where his car was. 81 00:03:59,413 --> 00:04:01,328 There were no shell casings found, 82 00:04:01,371 --> 00:04:03,678 and there was no firearm found. 83 00:04:03,721 --> 00:04:07,682 On the surface, it looks like Sam Herr was in the wind, 84 00:04:07,725 --> 00:04:09,205 on the run. 85 00:04:09,249 --> 00:04:12,339 - The crime scene indicated that Sam Herr possibly 86 00:04:12,382 --> 00:04:14,428 either sexually assaulted or attempted 87 00:04:14,471 --> 00:04:17,474 to sexually assault this person. 88 00:04:17,518 --> 00:04:18,910 When the cops first begin 89 00:04:18,954 --> 00:04:20,434 investigating this case, 90 00:04:20,477 --> 00:04:22,871 detectives are well-versed on motive. 91 00:04:22,914 --> 00:04:28,311 And love is a strong motivator, and it's not a far leap 92 00:04:28,355 --> 00:04:31,053 to suspect that Sam ended up 93 00:04:31,096 --> 00:04:34,230 killing the target of his love. 94 00:04:34,274 --> 00:04:39,322 - However, because of what's written on her sweatshirt, 95 00:04:39,366 --> 00:04:42,978 it could be revenge against Sam, 96 00:04:43,021 --> 00:04:44,327 or against somebody else, 97 00:04:44,371 --> 00:04:47,722 like maybe a jilted lover shot and killed her. 98 00:04:47,765 --> 00:04:50,594 But the thought process and the mindset is, 99 00:04:50,638 --> 00:04:53,641 Sam Herr is a murder suspect. 100 00:04:55,469 --> 00:04:57,384 In the apartment during their investigation, 101 00:04:57,427 --> 00:05:00,996 they find a purse in the kitchen. 102 00:05:01,039 --> 00:05:02,693 - When they got into the purse and they looked, 103 00:05:02,737 --> 00:05:05,000 her name was Julie Kibuishi. 104 00:05:05,043 --> 00:05:07,829 She was a 23-year-old OCC student 105 00:05:07,872 --> 00:05:09,613 studying fashion design. 106 00:05:10,353 --> 00:05:14,836 - They also find her cell phone within the apartment as well. 107 00:05:15,663 --> 00:05:17,578 - Once police identify the victim 108 00:05:17,621 --> 00:05:19,754 as Julie Kibuishi, 109 00:05:19,797 --> 00:05:22,278 they immediately notify her family, 110 00:05:22,322 --> 00:05:25,803 and news of her tragic death begins to spread. 111 00:05:25,847 --> 00:05:28,893 - I had never known anybody that had passed away 112 00:05:28,937 --> 00:05:30,939 from being murdered. 113 00:05:35,857 --> 00:05:38,947 She wasn't, like, doing anything nefarious. 114 00:05:38,990 --> 00:05:41,645 Like, she had a job. She went to school. 115 00:05:41,689 --> 00:05:43,778 She was, like, a really smart person. 116 00:05:43,821 --> 00:05:46,868 I--it's just-- it makes no sense. 117 00:05:46,911 --> 00:05:49,000 Like, there's just no reason for this 118 00:05:49,044 --> 00:05:51,786 to have happened to her. 119 00:05:51,829 --> 00:05:54,528 I felt terrible for Julie's family. 120 00:05:54,571 --> 00:05:57,313 She was super close with her family. 121 00:05:57,357 --> 00:06:00,447 - For June Kibuishi, Julie's mom, 122 00:06:00,490 --> 00:06:02,840 it was just absolutely heartbreaking 123 00:06:02,884 --> 00:06:04,625 because her daughter had been taken from her, 124 00:06:04,668 --> 00:06:08,063 but she didn't know why. 125 00:06:08,106 --> 00:06:10,370 - Julie and I were both dancers. 126 00:06:10,413 --> 00:06:12,110 We danced at dance studios. 127 00:06:12,154 --> 00:06:15,592 We went to the same performing arts high school for dance. 128 00:06:15,636 --> 00:06:18,813 We danced at college together. 129 00:06:18,856 --> 00:06:21,206 If, you know, you needed something, 130 00:06:21,250 --> 00:06:24,079 she would be there for you. 131 00:06:24,122 --> 00:06:28,083 I just wanted justice for my friend. 132 00:06:28,126 --> 00:06:30,825 - While Julie's friends and family grapple 133 00:06:30,868 --> 00:06:33,654 with the devastating news, 134 00:06:33,697 --> 00:06:38,441 detectives interview Steve Herr at the station. 135 00:06:38,485 --> 00:06:41,662 - When I found out it was Julie, 136 00:06:41,705 --> 00:06:44,099 I said, Sam could not have done this 137 00:06:44,142 --> 00:06:46,318 because Julie was a friend of Sam 138 00:06:46,362 --> 00:06:50,148 and a couple of the other guys at the apartment complex. 139 00:06:50,192 --> 00:06:55,023 - Steve Herr says Julie was also Sam's tutor 140 00:06:55,066 --> 00:06:57,765 in an anthropology class they were taking. 141 00:06:57,808 --> 00:07:03,640 - I had met Julie one time at Sam's apartment. 142 00:07:03,684 --> 00:07:06,382 She was a charming, enthusiastic, 143 00:07:06,426 --> 00:07:08,079 bubbly young woman. 144 00:07:08,123 --> 00:07:10,125 And I asked Sam, I said, "Sam, is there anything between you?" 145 00:07:10,168 --> 00:07:13,389 He said, "Dad, there's nothing between Julie and myself. 146 00:07:13,433 --> 00:07:15,696 She's like a kid sister to me." 147 00:07:15,739 --> 00:07:17,698 - Parents often, I think, don't know 148 00:07:17,741 --> 00:07:19,090 what their kids are up to, especially, 149 00:07:19,134 --> 00:07:20,440 in a romantic context. 150 00:07:20,483 --> 00:07:22,833 But Steve Herr was insistent 151 00:07:22,877 --> 00:07:24,792 that they weren't dating each other. 152 00:07:24,835 --> 00:07:27,882 This was his tutor. This was a friend. 153 00:07:27,925 --> 00:07:30,319 - Detectives take note of this information, 154 00:07:30,362 --> 00:07:33,235 but then Steve reveals an alarming detail 155 00:07:33,278 --> 00:07:35,672 about Sam's past. 156 00:07:35,716 --> 00:07:37,805 - Sam's background came up very quickly 157 00:07:37,848 --> 00:07:43,593 that he had been charged with a murder himself 158 00:07:43,637 --> 00:07:47,423 towards the end of high school in the city of Los Angeles. 159 00:07:47,467 --> 00:07:50,861 It, essentially, was a gang murder of a young man 160 00:07:50,905 --> 00:07:54,909 that Sam was with when he was attacked by a rival gang. 161 00:07:54,952 --> 00:07:58,913 And the theory was that Sam had set this young man up. 162 00:07:58,956 --> 00:08:02,786 But the jury acquitted Sam of all wrongdoing. 163 00:08:02,830 --> 00:08:05,136 I didn't know what to make of it at that point. 164 00:08:05,180 --> 00:08:08,052 - Despite his son's troubled past, 165 00:08:08,096 --> 00:08:11,708 Steve tells investigators that Sam made an earnest effort 166 00:08:11,752 --> 00:08:13,667 to turn his life around. 167 00:08:13,710 --> 00:08:17,366 - In 2006, Sam enlisted in the Army. 168 00:08:17,409 --> 00:08:20,848 And for 15 months, 169 00:08:20,891 --> 00:08:23,807 Sam was stationed in Afghanistan 170 00:08:23,851 --> 00:08:26,549 in a very volatile area. 171 00:08:29,987 --> 00:08:34,688 Sam matured immensely when he was in the military. 172 00:08:34,731 --> 00:08:37,255 Did give Sam a purpose and give him focus. 173 00:08:37,299 --> 00:08:40,868 But he would wake up at night from PTSD. 174 00:08:40,911 --> 00:08:45,220 But that's normal, especially from combat. 175 00:08:45,263 --> 00:08:49,485 Sam got out the military July of 2009 176 00:08:49,529 --> 00:08:51,531 and he was doing quite well. 177 00:08:51,574 --> 00:08:54,882 He started college September of 2009. 178 00:08:54,925 --> 00:08:57,624 Things were looking good until the day I found 179 00:08:57,667 --> 00:09:00,757 Julie's body in Sam's apartment. 180 00:09:03,368 --> 00:09:08,504 - Mr. Herr did not believe his son was the primary suspect 181 00:09:08,548 --> 00:09:09,940 in Julie's death. 182 00:09:09,984 --> 00:09:12,334 However, everything else indicates 183 00:09:12,377 --> 00:09:14,858 Sam Herr could be the suspect. 184 00:09:14,902 --> 00:09:17,861 - He's a combat veteran suffering from PTSD, 185 00:09:17,905 --> 00:09:19,559 and he also has had 186 00:09:19,602 --> 00:09:21,169 a significant scrape with the law 187 00:09:21,212 --> 00:09:23,563 where he was accused of murder in his own right, 188 00:09:23,606 --> 00:09:24,955 but he was acquitted. 189 00:09:24,999 --> 00:09:27,828 All of that begins to paint a picture 190 00:09:27,871 --> 00:09:30,395 of somebody who might actually be capable 191 00:09:30,439 --> 00:09:32,310 of doing something like this. 192 00:09:32,354 --> 00:09:34,965 - A bulletin is subsequently issued, 193 00:09:35,009 --> 00:09:37,141 looking for Sam and his whereabouts. 194 00:09:37,185 --> 00:09:40,275 - All the news stations put his picture on there 195 00:09:40,318 --> 00:09:42,582 and saying prime suspect. 196 00:09:44,061 --> 00:09:46,107 It was one hell of a nightmare. 197 00:09:47,891 --> 00:09:50,502 - Long Beach gets their SWAT team together. 198 00:09:50,546 --> 00:09:52,766 There's a helicopter in the air. 199 00:09:52,809 --> 00:09:55,595 - Somebody had come back after she had been dead 200 00:09:55,638 --> 00:09:58,075 for several hours and cut her jeans off. 201 00:09:58,119 --> 00:10:00,512 - This monster had no problem creating a plan 202 00:10:00,556 --> 00:10:02,210 that required a second murder. 203 00:10:13,134 --> 00:10:16,877 - When I had gotten home after being questioned by the police, 204 00:10:16,920 --> 00:10:19,880 I had to break the news to his mom, Raquel. 205 00:10:19,923 --> 00:10:21,621 She was shocked. 206 00:10:21,664 --> 00:10:24,145 And the first thing you worry about is, where's my boy? 207 00:10:24,188 --> 00:10:25,494 What's going on? 208 00:10:25,537 --> 00:10:28,105 I'm thinking, something happened to Sam as well. 209 00:10:28,149 --> 00:10:29,324 Didn't know what. 210 00:10:29,367 --> 00:10:31,282 Did he take off? Was he kidnapped? 211 00:10:31,326 --> 00:10:35,765 I don't know. No one knew where Sam was. 212 00:10:35,809 --> 00:10:37,637 - When I heard that he's missing 213 00:10:37,680 --> 00:10:40,509 and they found a dead woman in his apartment, 214 00:10:40,552 --> 00:10:41,858 I said, I'm sorry, what? 215 00:10:41,902 --> 00:10:43,686 Like, you know, it's complete shock 216 00:10:43,730 --> 00:10:46,123 and your brain doesn't know 217 00:10:46,167 --> 00:10:49,605 how to process what it's hearing. 218 00:10:49,649 --> 00:10:51,651 But I was 100% certain 219 00:10:51,694 --> 00:10:53,914 that he didn't do this to this woman. 220 00:10:56,960 --> 00:10:59,441 - Costa Mesa Police have released a photo 221 00:10:59,484 --> 00:11:02,662 and vehicle description hoping to locate a 26-year-old man. 222 00:11:02,705 --> 00:11:05,360 - Neighbors say his bicycle sits outside his apartment, 223 00:11:05,403 --> 00:11:07,057 but his vehicle is gone. 224 00:11:07,101 --> 00:11:09,973 - Police are asking for your help in finding him. 225 00:11:11,540 --> 00:11:13,977 - While the search for Sam continues, 226 00:11:14,021 --> 00:11:17,372 police gain access to Julie Kibuishi's phone, 227 00:11:17,415 --> 00:11:19,330 which was found at the crime scene, 228 00:11:19,374 --> 00:11:22,899 and quickly uncover her final communications. 229 00:11:22,943 --> 00:11:25,510 - It became pretty clear that she stopped talking 230 00:11:25,554 --> 00:11:27,948 to people on Friday night. 231 00:11:31,995 --> 00:11:35,651 And you see this exchange from Sam's phone saying, 232 00:11:35,695 --> 00:11:37,392 "I really need a friend tonight." 233 00:11:39,916 --> 00:11:41,483 "Please. No sex. 234 00:11:41,526 --> 00:11:43,528 I just need somebody to talk to" 235 00:11:43,572 --> 00:11:45,574 about some family problems that he was having. 236 00:11:45,617 --> 00:11:49,360 And the response was, "Ew, Sam, we're like bro and sis. 237 00:11:49,404 --> 00:11:53,713 Of course no sex"... 238 00:11:53,756 --> 00:11:55,149 which was corroborative 239 00:11:55,192 --> 00:11:57,934 of what Steve Herr was telling detectives. 240 00:11:57,978 --> 00:12:00,023 And then detectives started interviewing 241 00:12:00,067 --> 00:12:01,372 their mutual friends. 242 00:12:01,416 --> 00:12:03,331 And their friends started saying the same thing. 243 00:12:03,374 --> 00:12:05,942 Like, this lover's quarrel makes no sense 244 00:12:05,986 --> 00:12:07,814 because they weren't lovers, that this was 245 00:12:07,857 --> 00:12:10,773 a purely platonic relationship. 246 00:12:10,817 --> 00:12:15,212 - Police now begin canvassing the apartment complex 247 00:12:15,256 --> 00:12:17,562 to gather more information from fellow residents 248 00:12:17,606 --> 00:12:19,608 about Sam's potential whereabouts 249 00:12:19,651 --> 00:12:22,785 and actions before the murder. 250 00:12:22,829 --> 00:12:25,048 - And among the people they interviewed 251 00:12:25,092 --> 00:12:27,572 was a man named Daniel Wozniak 252 00:12:27,616 --> 00:12:28,878 and a woman named Rachel Buffett, 253 00:12:28,922 --> 00:12:30,793 who was his fiancée. 254 00:12:30,837 --> 00:12:32,534 They learned that Dan and Rachel 255 00:12:32,577 --> 00:12:34,449 were friends with Sam, 256 00:12:34,492 --> 00:12:37,452 at least to some degree, and also Julie. 257 00:12:37,495 --> 00:12:42,065 Wozniak told detectives that he'd seen Sam on Friday. 258 00:12:42,109 --> 00:12:43,763 And, essentially, what he said was 259 00:12:43,806 --> 00:12:45,939 that Sam was going to spend some time with his parents 260 00:12:45,982 --> 00:12:47,549 that weekend. 261 00:12:47,592 --> 00:12:49,464 He did say that he mentioned having some problems 262 00:12:49,507 --> 00:12:52,815 with his family, which appeared to corroborate 263 00:12:52,859 --> 00:12:54,817 the text messages that were found 264 00:12:54,861 --> 00:12:56,645 on Julie Kibuishi's phone. 265 00:12:56,688 --> 00:12:58,516 But in interviewing 266 00:12:58,560 --> 00:13:00,344 Steve Herr, Sam's dad, 267 00:13:00,388 --> 00:13:02,433 there was no indication whatsoever 268 00:13:02,477 --> 00:13:06,263 there were family problems between Sam and anybody else. 269 00:13:06,307 --> 00:13:09,963 - There are no family problems with Sam and ourselves. 270 00:13:10,006 --> 00:13:12,443 We were as close as close can be. 271 00:13:12,487 --> 00:13:14,968 - Maybe the family isn't aware that he's having some issues 272 00:13:15,011 --> 00:13:17,274 at home, but they were-- again, they were 273 00:13:17,318 --> 00:13:20,234 very, very insistent and pretty persuasive 274 00:13:20,277 --> 00:13:22,062 that that also made no sense. 275 00:13:22,105 --> 00:13:24,673 It became pretty clear that some of the puzzle pieces 276 00:13:24,716 --> 00:13:27,328 on this case did not fit. 277 00:13:27,371 --> 00:13:31,158 But Wozniak, and also Rachel Buffett, his fiancée, 278 00:13:31,201 --> 00:13:35,902 said that they last saw Sam get into a black Mazda 279 00:13:35,945 --> 00:13:38,905 with a young man wearing a baseball cap. 280 00:13:38,948 --> 00:13:40,776 - While police attempt to track down 281 00:13:40,820 --> 00:13:43,692 additional information on the black Mazda, 282 00:13:43,735 --> 00:13:45,868 an autopsy is performed. 283 00:13:45,912 --> 00:13:49,393 The results are surprising. 284 00:13:50,394 --> 00:13:53,615 - At the crime scene, there was no way of knowing 285 00:13:53,658 --> 00:13:55,878 how many times she'd been shot in the head 286 00:13:55,922 --> 00:13:58,446 because of her hair. 287 00:13:58,489 --> 00:14:00,491 What they were able to determine very clearly 288 00:14:00,535 --> 00:14:02,842 was that Julie had been shot twice in the head, 289 00:14:02,885 --> 00:14:05,888 each round probably fatal. 290 00:14:05,932 --> 00:14:09,631 Also, there had been no sexual assault. 291 00:14:09,674 --> 00:14:12,808 - Just because there's no evidence of sexual assault, 292 00:14:12,852 --> 00:14:15,332 it doesn't mean that that wasn't at least attempted 293 00:14:15,376 --> 00:14:18,553 by whoever killed Julie, but it didn't occur 294 00:14:18,596 --> 00:14:22,209 based on the autopsy examination. 295 00:14:22,252 --> 00:14:24,689 - Another thing that was really interesting about it is, 296 00:14:24,733 --> 00:14:27,649 she had what's known as blanching on her buttocks. 297 00:14:27,692 --> 00:14:30,086 Blanching are just white areas of skin, 298 00:14:30,130 --> 00:14:32,349 usually caused by pressure. 299 00:14:32,393 --> 00:14:35,178 And that usually takes several hours 300 00:14:35,222 --> 00:14:36,876 for blanching to break in. 301 00:14:36,919 --> 00:14:40,792 But we had blanching on the upper part of her body, 302 00:14:40,836 --> 00:14:43,970 specifically her buttocks area, and it was in the shape 303 00:14:44,013 --> 00:14:45,406 of the pockets of her jeans. 304 00:14:45,449 --> 00:14:47,712 - This indicates that Julie was laying 305 00:14:47,756 --> 00:14:52,195 on her back with her jeans on after she was killed. 306 00:14:52,239 --> 00:14:54,371 - It means that somebody had come back 307 00:14:54,415 --> 00:14:56,330 after she had been dead for several hours, 308 00:14:56,373 --> 00:15:00,682 staged the scene, and cut her jeans off. 309 00:15:00,725 --> 00:15:05,643 And this soon morphed into something far more diabolical. 310 00:15:13,651 --> 00:15:16,263 - After receiving the autopsy results, 311 00:15:16,306 --> 00:15:18,613 police now know Julie Kibuishi 312 00:15:18,656 --> 00:15:21,964 was shot twice in the head, and then hours later, 313 00:15:22,008 --> 00:15:23,835 someone staged the scene 314 00:15:23,879 --> 00:15:27,404 to make it look like a sexual assault. 315 00:15:27,448 --> 00:15:31,104 While their prime suspect, Sam Herr, remains missing, 316 00:15:31,147 --> 00:15:33,367 both police and his father, Steve, 317 00:15:33,410 --> 00:15:35,586 are desperate to find him. 318 00:15:35,630 --> 00:15:37,632 We had to find Sam. 319 00:15:37,675 --> 00:15:40,330 I had to find Sam. That's my son. 320 00:15:40,374 --> 00:15:42,854 - So as the detectives are performing 321 00:15:42,898 --> 00:15:45,379 the official investigation, Steve Herr is also 322 00:15:45,422 --> 00:15:47,207 monitoring Sam's bank account. 323 00:15:47,250 --> 00:15:49,470 He was calling Sam's friends. 324 00:15:49,513 --> 00:15:51,994 That sometimes can complicate a murder investigation. 325 00:15:52,038 --> 00:15:56,433 In this case, it helped because the first real clue we got 326 00:15:56,477 --> 00:16:01,134 was the use of Sam's ATM card in Long Beach. 327 00:16:01,177 --> 00:16:04,311 I saw on Saturday the 22nd, 328 00:16:04,354 --> 00:16:07,618 there was a withdrawal of $400. 329 00:16:08,445 --> 00:16:12,014 On Sunday, I think it went to $500 withdrawn. 330 00:16:13,189 --> 00:16:15,713 And also, there's a charge of pizza 331 00:16:15,757 --> 00:16:18,151 called Ecco's Pizza. 332 00:16:19,239 --> 00:16:22,894 There's--money's being taken out of one bank in Long Beach, 333 00:16:22,938 --> 00:16:28,204 and this Ecco's Pizza is within very close to that bank. 334 00:16:28,248 --> 00:16:31,033 - Steve immediately notifies police 335 00:16:31,077 --> 00:16:34,123 about Sam's bank records. 336 00:16:34,167 --> 00:16:38,519 - They then contact the bank, obtain surveillance footage 337 00:16:38,562 --> 00:16:40,477 to see who this individual is. 338 00:16:41,478 --> 00:16:44,438 And it was not Samuel Herr. 339 00:16:44,481 --> 00:16:47,267 Detectives had no idea who this person was 340 00:16:47,310 --> 00:16:49,704 that was taking the money out of Sam's account. 341 00:16:49,747 --> 00:16:54,230 - No one close to Sam can identify the young man either. 342 00:16:54,274 --> 00:16:55,884 - At this point in the investigation, 343 00:16:55,927 --> 00:16:57,364 Sam's in the wind. 344 00:16:57,407 --> 00:16:58,713 We don't know where he is. 345 00:16:58,756 --> 00:17:00,193 We don't know where his car is. 346 00:17:00,236 --> 00:17:02,717 His passport is missing. 347 00:17:02,760 --> 00:17:06,242 So the next thought was, well, Sam must have some sort 348 00:17:06,286 --> 00:17:08,070 of confederate here who's helping him 349 00:17:08,114 --> 00:17:09,463 take money out of his own account. 350 00:17:12,640 --> 00:17:16,078 - To gather more information, investigators quickly focus 351 00:17:16,122 --> 00:17:18,776 on the charges from Ecco's Pizza. 352 00:17:18,820 --> 00:17:22,563 - Detectives made contact with this pizza parlor 353 00:17:22,606 --> 00:17:25,218 to find out who's making these purchases, 354 00:17:25,261 --> 00:17:27,350 which leads them back to a residence 355 00:17:27,394 --> 00:17:29,309 in the city of Long Beach. 356 00:17:29,352 --> 00:17:31,572 Costa Mesa Police then made contact 357 00:17:31,615 --> 00:17:33,400 with the Long Beach Police Department 358 00:17:33,443 --> 00:17:36,185 and asked for their assistance. 359 00:17:36,229 --> 00:17:37,752 The police, you know, 360 00:17:37,795 --> 00:17:39,667 they've got a guy on the loose, 361 00:17:39,710 --> 00:17:43,410 a combat vet in God only knows what kind of mental condition 362 00:17:43,453 --> 00:17:49,111 who very well may be armed and dangerous, 363 00:17:49,155 --> 00:17:52,245 and that's a scary thing. 364 00:17:52,288 --> 00:17:54,769 - So Long Beach gets their SWAT team together. 365 00:17:54,812 --> 00:17:56,858 There's a helicopter in the air. 366 00:17:56,901 --> 00:18:01,123 - They hit this house, and when they go in, 367 00:18:01,167 --> 00:18:05,040 I was expecting that Sam Herr would be sitting on a couch 368 00:18:05,084 --> 00:18:06,868 and sending somebody out to the ATM 369 00:18:06,911 --> 00:18:08,130 because he was laying low. 370 00:18:10,045 --> 00:18:12,787 And instead, what they find is 371 00:18:12,830 --> 00:18:16,138 a 16-year-old kid named Wesley Freilich 372 00:18:16,182 --> 00:18:18,923 sitting inside his mom's house. 373 00:18:18,967 --> 00:18:23,667 And he immediately tells police he got the ATM card 374 00:18:23,711 --> 00:18:27,715 from another man that he used to work in plays with, 375 00:18:27,758 --> 00:18:31,371 and that man's name was Daniel Wozniak. 376 00:18:33,721 --> 00:18:37,072 This was, obviously, pretty big news to detectives 377 00:18:37,116 --> 00:18:39,901 who had only recently talked to Daniel Wozniak, 378 00:18:39,944 --> 00:18:43,992 Sam Herr's neighbor, who didn't tell them anything 379 00:18:44,035 --> 00:18:45,820 about having Sam's ATM card. 380 00:18:45,863 --> 00:18:48,692 - Police press Wesley for more details 381 00:18:48,736 --> 00:18:51,565 about Daniel and the ATM card. 382 00:18:51,608 --> 00:18:54,394 - Wesley said that Daniel Wozniak approached him 383 00:18:54,437 --> 00:18:58,311 and said that he was working for a bail bondsman, 384 00:18:58,354 --> 00:19:00,704 and that he-- he needed his help. 385 00:19:00,748 --> 00:19:03,664 He basically says that when people skip out on their bail, 386 00:19:03,707 --> 00:19:06,057 we have access to their bank accounts to get the money. 387 00:19:06,101 --> 00:19:08,495 - And Wozniak gave him this ATM card, 388 00:19:08,538 --> 00:19:12,281 explaining to him that he was withdrawing the funds 389 00:19:12,325 --> 00:19:15,719 to get money paid back to him from Sam. 390 00:19:15,763 --> 00:19:18,766 - He says that you're doing your public service. 391 00:19:18,809 --> 00:19:21,682 And Wozniak would pay him a small fee 392 00:19:21,725 --> 00:19:25,120 for using the ATM machine, and that he could also 393 00:19:25,164 --> 00:19:26,730 use the card to order pizzas. 394 00:19:28,167 --> 00:19:31,822 You know, it was obvious to everybody at that moment 395 00:19:31,866 --> 00:19:35,826 that Wesley, who is terrified, has been duped. 396 00:19:35,870 --> 00:19:39,047 And it appeared that Daniel Wozniak has 397 00:19:39,090 --> 00:19:41,223 lied to them about something very important, 398 00:19:41,267 --> 00:19:43,747 and that's the existence of this ATM card. 399 00:19:43,791 --> 00:19:47,273 - After speaking with Wesley, investigators quickly dig 400 00:19:47,316 --> 00:19:49,536 into Daniel Wozniak's background. 401 00:19:49,579 --> 00:19:50,798 They learned that he grew up 402 00:19:50,841 --> 00:19:52,408 in a nice family in Long Beach, 403 00:19:52,452 --> 00:19:54,367 went to good schools, and that he was 404 00:19:54,410 --> 00:19:56,325 a community theater actor. 405 00:19:56,369 --> 00:19:59,763 They learned that he had a DUI from the year before, 406 00:19:59,807 --> 00:20:01,765 and then he never took care of it. 407 00:20:01,809 --> 00:20:04,899 So he never showed up to court so there's a bench warrant out. 408 00:20:04,942 --> 00:20:07,597 And now they learned that he has lied to them 409 00:20:07,641 --> 00:20:09,120 about something very important. 410 00:20:09,164 --> 00:20:12,167 So they need to get to the bottom of that immediately. 411 00:20:13,560 --> 00:20:16,563 - Detectives contact Daniel Wozniak 412 00:20:16,606 --> 00:20:18,521 and ask if he will come down to the station 413 00:20:18,565 --> 00:20:20,741 to answer a few questions. 414 00:20:20,784 --> 00:20:22,873 - And his response was, yeah, I can't come down. 415 00:20:22,917 --> 00:20:24,919 I got my bachelor party tonight at a place called 416 00:20:24,962 --> 00:20:27,617 Tsunami Sushi in Huntington Beach. 417 00:20:27,661 --> 00:20:29,358 So you can imagine how that goes over 418 00:20:29,402 --> 00:20:30,968 with a bunch of homicide detectives, 419 00:20:31,012 --> 00:20:32,448 you know--not very well. 420 00:20:32,492 --> 00:20:34,450 So they go and they crash his bachelor party, 421 00:20:34,494 --> 00:20:36,844 as they should, and they arrest him 422 00:20:36,887 --> 00:20:39,455 for the lies that he told them in the previous interview. 423 00:20:39,499 --> 00:20:41,065 That's obstruction of justice. 424 00:20:41,109 --> 00:20:43,067 That's a crime in the state of California. 425 00:20:43,111 --> 00:20:45,069 They take him to the Costa Mesa Police Department, 426 00:20:45,113 --> 00:20:47,376 and they sit Daniel Wozniak down for an interview. 427 00:21:16,231 --> 00:21:18,320 - Four days into the investigation 428 00:21:18,364 --> 00:21:20,670 of Julie Kibuishi's murder, 429 00:21:20,714 --> 00:21:23,499 Costa Mesa police arrest Daniel Wozniak. 430 00:21:23,543 --> 00:21:25,849 And he immediately admits to lying 431 00:21:25,893 --> 00:21:27,808 during his first interview. 432 00:21:27,851 --> 00:21:30,114 Now, he says he actually saw Sam Herr 433 00:21:30,158 --> 00:21:32,378 the day after Julie was killed. 434 00:21:50,700 --> 00:21:52,876 - He says, I drove him to the Los Alamitos Military Base 435 00:21:52,920 --> 00:21:55,096 so that he would have someplace to think. 436 00:22:08,849 --> 00:22:12,200 - Sam indicates to him that he was looking at pictures 437 00:22:12,243 --> 00:22:15,029 of Julie, thus initiating the text 438 00:22:15,072 --> 00:22:17,510 for her to come over to his apartment 439 00:22:17,553 --> 00:22:18,989 to meet up with him. 440 00:22:40,315 --> 00:22:44,275 - Wozniak then tells police that part of this scheme 441 00:22:44,319 --> 00:22:48,802 of withdrawing the money was for Sam to then escape. 442 00:23:08,865 --> 00:23:12,129 - He dropped him off at this mall in Long Beach, 443 00:23:12,173 --> 00:23:13,566 put Wesley up to it. 444 00:23:13,609 --> 00:23:15,089 He's a juvenile, 445 00:23:15,132 --> 00:23:16,873 so juveniles have to be treated differently. 446 00:23:25,665 --> 00:23:27,797 - He says, I don't know where Sam is now, 447 00:23:27,841 --> 00:23:30,800 and, you know, I'm sorry that I lied. 448 00:23:53,736 --> 00:23:55,869 - His interview, he was very confident, 449 00:23:55,912 --> 00:23:57,479 very matter-of-fact. 450 00:23:57,523 --> 00:24:02,179 But during the investigation, Steve Herr and Raquel Herr 451 00:24:02,223 --> 00:24:03,833 were insistent that they weren't having 452 00:24:03,877 --> 00:24:05,313 any family problems. 453 00:24:05,356 --> 00:24:08,577 These are really experienced homicide investigators, 454 00:24:08,621 --> 00:24:10,927 and they remain suspicious. 455 00:24:10,971 --> 00:24:13,452 And at one point, they perform 456 00:24:13,495 --> 00:24:14,888 what's known as a ruse. 457 00:24:14,931 --> 00:24:17,499 It's a completely legitimate investigative technique 458 00:24:17,543 --> 00:24:19,153 where they take his DNA. 459 00:24:19,196 --> 00:24:21,285 They swab his DNA. 460 00:24:21,329 --> 00:24:23,113 You know, a lot of people have watched "CSI," 461 00:24:23,157 --> 00:24:24,506 and they think that DNA comes back 462 00:24:24,550 --> 00:24:26,160 in, like, five minutes. 463 00:24:26,203 --> 00:24:28,379 And in reality, it-- 464 00:24:28,423 --> 00:24:29,859 on a very rushed job, 465 00:24:29,903 --> 00:24:31,470 it's going to take a couple of weeks, 466 00:24:31,513 --> 00:24:32,993 and Wozniak didn't know that. 467 00:24:43,830 --> 00:24:46,049 - And they give him the bad news 468 00:24:46,093 --> 00:24:50,401 that his DNA is found on Julie's body 469 00:24:50,445 --> 00:24:52,099 to see what he would say. 470 00:24:54,884 --> 00:24:56,538 And at that point, 471 00:24:56,582 --> 00:24:59,193 Wozniak changed his story substantially. 472 00:25:20,780 --> 00:25:23,130 - Now, that was a very significant moment 473 00:25:23,173 --> 00:25:25,915 in the investigation, because every single person 474 00:25:25,959 --> 00:25:27,308 that had been to the crime scene knew 475 00:25:27,351 --> 00:25:28,701 there was no way you could tell 476 00:25:28,744 --> 00:25:29,745 how many holes were in her head. 477 00:25:29,789 --> 00:25:31,181 It was impossible. 478 00:26:03,126 --> 00:26:05,302 - Police press Wozniak for the truth. 479 00:26:05,346 --> 00:26:07,435 And after another hour in the hot seat, 480 00:26:07,478 --> 00:26:10,133 he maintains he had nothing to do with the murder. 481 00:26:10,177 --> 00:26:13,833 He only helped Sam get away after Julie was already dead. 482 00:26:22,842 --> 00:26:25,061 - And they took Wozniak to a cell, 483 00:26:25,105 --> 00:26:27,194 and they let him call Rachel Buffett, 484 00:26:27,237 --> 00:26:28,412 his fiancée. 485 00:26:46,126 --> 00:26:48,607 - And there's a whole exchange between the two of them 486 00:26:48,650 --> 00:26:51,610 where, in effect, he says, I didn't kill anybody. 487 00:26:51,653 --> 00:26:53,873 I helped Sam get away. 488 00:26:53,916 --> 00:26:55,265 That's all I did. 489 00:27:12,674 --> 00:27:14,371 - Tim is Wozniak's older brother. 490 00:27:38,482 --> 00:27:40,484 - At the end of that conversation, 491 00:27:40,528 --> 00:27:42,138 Wozniak alerted detectives 492 00:27:42,182 --> 00:27:43,879 that he had more that he wanted to say. 493 00:28:06,032 --> 00:28:10,732 - 14 hours after his arrest, Daniel Wozniak comes clean, 494 00:28:10,776 --> 00:28:12,560 telling Costa Mesa Police 495 00:28:12,603 --> 00:28:15,432 he killed Julie Kibuishi and Sam Herr. 496 00:28:20,655 --> 00:28:23,440 - Wozniak goes on to explain that these murders 497 00:28:23,484 --> 00:28:28,141 had been placed in action months and months before this. 498 00:28:28,184 --> 00:28:31,535 - Daniel Wozniak was friends with Sam, 499 00:28:31,579 --> 00:28:34,495 and also Julie, because Dan and Rachel, 500 00:28:34,538 --> 00:28:37,803 their apartment was very close to Sam's apartment. 501 00:28:37,846 --> 00:28:39,326 Sam trusted him. 502 00:28:39,369 --> 00:28:42,808 And Sam Herr, he had $62,000 in a bank account 503 00:28:42,851 --> 00:28:45,332 in hard-earned combat pay, 504 00:28:45,375 --> 00:28:50,511 and that became known to Daniel Wozniak. 505 00:28:50,554 --> 00:28:52,078 And one of the things that they learned 506 00:28:52,121 --> 00:28:53,775 over the course of the investigation 507 00:28:53,819 --> 00:28:57,648 was that Daniel Wozniak was in pretty dire financial straits. 508 00:28:57,692 --> 00:28:59,955 He had been served with an eviction notice. 509 00:28:59,999 --> 00:29:01,740 He wasn't working. 510 00:29:01,783 --> 00:29:03,350 It did not appear that his fiancée, 511 00:29:03,393 --> 00:29:05,178 Rachel Buffett, had been working. 512 00:29:05,221 --> 00:29:07,876 And they were--they were struggling financially. 513 00:29:09,399 --> 00:29:11,184 And so he hatched this plot 514 00:29:11,227 --> 00:29:13,316 to get at Sam Herr's combat pay. 515 00:29:43,390 --> 00:29:45,044 - What Wozniak tells detectives 516 00:29:45,087 --> 00:29:49,135 is that he got Sam's ATM PIN number. 517 00:29:49,178 --> 00:29:51,267 We don't know how he got the PIN number. 518 00:29:51,311 --> 00:29:55,750 But Wozniak is a weaselly dude who Sam trusted, 519 00:29:55,794 --> 00:30:00,624 and I'm sure he turned his back on him at an ATM. 520 00:30:00,668 --> 00:30:05,064 And then he lured Sam to the Liberty Theater 521 00:30:05,107 --> 00:30:07,066 at the Los Alamitos Military Base. 522 00:30:39,359 --> 00:30:43,624 - He describes how he took his wallet, took his car keys. 523 00:30:49,456 --> 00:30:53,634 - And then he describes how he took his cell phone. 524 00:30:53,677 --> 00:30:57,377 Posing as Sam, he sent a text message to Julie. 525 00:31:06,603 --> 00:31:09,693 - He asked Julie to come over, which Julie does, 526 00:31:09,737 --> 00:31:13,132 so further sets Wozniak's plan into place. 527 00:31:59,221 --> 00:32:01,180 - He's very clearly a psychopath. 528 00:32:01,223 --> 00:32:04,487 Part of this personality disorder is, 529 00:32:04,531 --> 00:32:06,533 you don't experience the normal emotions 530 00:32:06,576 --> 00:32:10,885 that make us human, like guilt, shame, remorse. 531 00:32:10,929 --> 00:32:14,367 This monster not only set out to kill an innocent person 532 00:32:14,410 --> 00:32:16,717 for his personal gain, he had no problem 533 00:32:16,760 --> 00:32:19,198 creating a plan that required a second murder 534 00:32:19,241 --> 00:32:21,983 because he doesn't care. 535 00:32:22,027 --> 00:32:26,292 - As he described what he had done to detectives, 536 00:32:26,335 --> 00:32:28,555 he also got far more gruesome. 537 00:33:09,074 --> 00:33:11,859 - In the backyard of the family of Rachel Buffett, his fiancée. 538 00:33:21,651 --> 00:33:25,612 - For him to be able to pull this much violence off, 539 00:33:25,655 --> 00:33:27,962 there is a level of desensitization, 540 00:33:28,006 --> 00:33:30,182 a level of inhumanity, 541 00:33:30,225 --> 00:33:32,836 that really screams serial killer. 542 00:33:37,711 --> 00:33:40,061 - I was notified that he'd confessed 543 00:33:40,105 --> 00:33:42,063 and that he'd provided a location 544 00:33:42,107 --> 00:33:44,239 for the body of Sam Herr. 545 00:33:44,283 --> 00:33:46,285 So at that point, 546 00:33:46,328 --> 00:33:48,591 detectives went to the Liberty Theater. 547 00:33:51,029 --> 00:33:54,293 And when they got up there, sure enough, there he was. 548 00:33:57,426 --> 00:33:59,385 And then there was this arboretum in Long Beach 549 00:33:59,428 --> 00:34:02,388 where then police had to go 550 00:34:02,431 --> 00:34:04,955 on a search for Sam Herr's head 551 00:34:04,999 --> 00:34:09,221 and his right and left hands, which they find. 552 00:34:10,526 --> 00:34:14,008 Meanwhile, Rachel Buffett called detectives 553 00:34:14,052 --> 00:34:17,620 about evidence in the possession of Tim. 554 00:34:17,664 --> 00:34:21,363 The investigation revealed that after the murder of Sam Herr, 555 00:34:21,407 --> 00:34:24,192 Wozniak had given his brother, Tim, 556 00:34:24,236 --> 00:34:26,020 this backpack full of evidence. 557 00:34:26,064 --> 00:34:27,978 And Tim was supposed to get rid of it. 558 00:34:28,022 --> 00:34:29,850 And he looked in it and, basically, 559 00:34:29,893 --> 00:34:31,547 what he did is, he took it to his parents' house 560 00:34:31,591 --> 00:34:34,289 and threw it over the fence. 561 00:34:34,333 --> 00:34:37,292 So the detectives went to serve a search warrant 562 00:34:37,336 --> 00:34:38,902 on Wozniak's parents' home. 563 00:34:38,946 --> 00:34:41,166 And on the other side of the fence, 564 00:34:41,209 --> 00:34:42,819 there was a backpack, 565 00:34:42,863 --> 00:34:45,126 which was a cornucopia of evidence. 566 00:34:45,170 --> 00:34:48,086 Inside were bloody clothes belonging to Sam Herr, 567 00:34:48,129 --> 00:34:52,307 Sam's wallet, his ID, shell casings 568 00:34:52,351 --> 00:34:53,656 from both murder scenes. 569 00:34:53,700 --> 00:34:56,529 The firearm was missing, but it was everything 570 00:34:56,572 --> 00:34:58,313 you could ask for as a prosecutor 571 00:34:58,357 --> 00:35:00,533 to prove that this guy committed these murders. 572 00:35:00,576 --> 00:35:03,013 - Police also retrieve the ax and saw 573 00:35:03,057 --> 00:35:05,103 from the Buffett residence. 574 00:35:05,146 --> 00:35:06,582 And as investigators work 575 00:35:06,626 --> 00:35:08,932 to obtain additional search warrants 576 00:35:08,976 --> 00:35:11,674 for Daniel's apartment and his electronic devices, 577 00:35:11,718 --> 00:35:14,242 they must also share the tragic news 578 00:35:14,286 --> 00:35:16,157 with Sam Herr's family. 579 00:35:16,201 --> 00:35:19,073 - When the police came over and told us 580 00:35:19,117 --> 00:35:23,164 that Sam had been murdered, I suspected that. 581 00:35:23,208 --> 00:35:25,079 Raquel lost it. 582 00:35:25,123 --> 00:35:27,560 My wife lost it. 583 00:35:27,603 --> 00:35:32,391 And then the police said Sam was dismembered. 584 00:35:34,958 --> 00:35:37,657 I lost it then. 585 00:35:37,700 --> 00:35:39,398 Nothing in this world-- 586 00:35:39,441 --> 00:35:40,703 you want anger? 587 00:35:40,747 --> 00:35:42,401 You really want to hate somebody? 588 00:35:42,444 --> 00:35:44,794 You hate somebody for doing something like that. 589 00:35:49,016 --> 00:35:52,585 I'll carry that for the rest of my life. 590 00:35:52,628 --> 00:35:55,370 - While Sam's family grapples with their loss, 591 00:35:55,414 --> 00:35:58,939 detectives turn their attention to Daniel's laptop, 592 00:35:58,982 --> 00:36:02,986 searching for hard proof of premeditation. 593 00:36:03,030 --> 00:36:06,251 - You can literally read his mind through Google, 594 00:36:06,294 --> 00:36:08,427 because he would go from things like, 595 00:36:08,470 --> 00:36:10,951 how loud is a gunshot, 596 00:36:10,994 --> 00:36:12,953 a particular caliber of bullet, 597 00:36:12,996 --> 00:36:14,302 and then it would go to, 598 00:36:14,346 --> 00:36:16,652 what are the best honeymoons in Mexico? 599 00:36:16,696 --> 00:36:18,741 You know, what cruise lines? 600 00:36:18,785 --> 00:36:21,266 What vacations are great for actors? 601 00:36:21,309 --> 00:36:22,745 So it literally would be from, like, 602 00:36:22,789 --> 00:36:24,617 how do I accomplish this killing 603 00:36:24,660 --> 00:36:27,794 to, um, bitchin' honeymoon ideas. 604 00:36:27,837 --> 00:36:30,884 So it's just--it's--it's sick. 605 00:36:30,927 --> 00:36:32,973 - For an extended period of time 606 00:36:33,016 --> 00:36:35,018 prior to Julie and Sam's murder, 607 00:36:35,062 --> 00:36:38,500 Wozniak had months and months to plan this out, 608 00:36:38,544 --> 00:36:41,547 premeditatedly looking into the computer. 609 00:36:41,590 --> 00:36:44,245 - Daniel Wozniak is a psychopath, 610 00:36:44,289 --> 00:36:46,595 but he's a very interesting kind. 611 00:36:46,639 --> 00:36:50,860 Every 1 out of 100 people is a psychopath. 612 00:36:50,904 --> 00:36:53,254 And that's an unpopular thing for me to say 613 00:36:53,298 --> 00:36:56,692 because many people associate psychopathy with crime. 614 00:36:56,736 --> 00:36:58,651 Nope, most of them are not criminal. 615 00:36:58,694 --> 00:37:00,740 They're goal-driven. Very different. 616 00:37:00,783 --> 00:37:02,698 So if your goal is not criminal, 617 00:37:02,742 --> 00:37:05,005 then you become a pro-social psychopath, 618 00:37:05,048 --> 00:37:06,572 and they are everywhere. 619 00:37:06,615 --> 00:37:10,445 That's who he was before his goal became 620 00:37:10,489 --> 00:37:13,448 a lavish wedding and a lavish honeymoon. 621 00:37:13,492 --> 00:37:15,668 Wozniak is charged 622 00:37:15,711 --> 00:37:17,844 with two counts of first-degree murder, 623 00:37:17,887 --> 00:37:20,150 and the district attorney decides to seek 624 00:37:20,194 --> 00:37:21,587 the death penalty. 625 00:37:21,630 --> 00:37:24,764 But then the case takes an unexpected turn. 626 00:37:24,807 --> 00:37:27,288 - Wozniak has pleaded not guilty. 627 00:37:27,332 --> 00:37:29,899 - They were saying that I shot both of them. 628 00:37:29,943 --> 00:37:31,597 It's not true. 629 00:37:34,948 --> 00:37:38,125 - 5 1/2 years after the senseless killings, 630 00:37:38,168 --> 00:37:41,476 Daniel Wozniak stands trial for the murders 631 00:37:41,520 --> 00:37:45,350 of Julie Kibuishi and Sam Herr. 632 00:37:45,393 --> 00:37:47,265 Despite his initial confession, 633 00:37:47,308 --> 00:37:49,745 Wozniak pleads not guilty 634 00:37:49,789 --> 00:37:52,618 and now faces the death penalty. 635 00:37:52,661 --> 00:37:54,402 He confessed. 636 00:37:54,446 --> 00:37:56,274 He had a myriad of evidence, 637 00:37:56,317 --> 00:37:59,015 and it should have been over immediately. 638 00:37:59,059 --> 00:38:01,322 But then he said he was not guilty. 639 00:38:01,366 --> 00:38:03,498 So we went to trial. 640 00:38:03,542 --> 00:38:06,762 - Although Wozniak claimed innocence to the media, 641 00:38:06,806 --> 00:38:10,592 it's soon clear he lacks an adequate defense. 642 00:38:10,636 --> 00:38:14,161 But his hope is to avoid the death penalty. 643 00:38:14,204 --> 00:38:16,598 - In California, capital cases are bifurcated. 644 00:38:16,642 --> 00:38:17,773 So what that means is, 645 00:38:17,817 --> 00:38:19,166 there's a guilt phase of a trial, 646 00:38:19,209 --> 00:38:21,081 then there's a penalty phase of a trial. 647 00:38:21,124 --> 00:38:23,213 And the defense didn't want to waste a whole lot 648 00:38:23,257 --> 00:38:24,954 of credibility on the guilt phase, 649 00:38:24,998 --> 00:38:28,610 because we had a full-blown confession top to bottom. 650 00:38:28,654 --> 00:38:31,221 - The defense put up no defense. 651 00:38:31,265 --> 00:38:33,398 They pretty much said, yeah, he did the murder. 652 00:38:39,534 --> 00:38:41,841 The trial lasts five days, 653 00:38:41,884 --> 00:38:44,322 and the jury quickly reaches a verdict. 654 00:38:44,365 --> 00:38:47,542 - Within two hours, the jury found Dan Wozniak 655 00:38:47,586 --> 00:38:49,544 guilty of first-degree murder. 656 00:38:53,548 --> 00:38:55,507 And then they have another mini trial. 657 00:38:55,550 --> 00:38:57,944 And that mini trial encompasses, 658 00:38:57,987 --> 00:39:02,862 should he get the death penalty or life without parole? 659 00:39:02,905 --> 00:39:05,125 - The jury had heard everything they needed 660 00:39:05,168 --> 00:39:06,605 and came back with what I believe to be 661 00:39:06,648 --> 00:39:07,910 the correct verdict. 662 00:39:07,954 --> 00:39:09,695 - It is the order of this court 663 00:39:09,738 --> 00:39:11,958 that you shall suffer the death penalty. 664 00:39:14,656 --> 00:39:16,484 It gave me some solace. 665 00:39:18,443 --> 00:39:20,532 Huge relief. 666 00:39:20,575 --> 00:39:22,229 You know, weight is off our shoulders. 667 00:39:24,057 --> 00:39:27,408 - This was absolutely among the worst, most depraved, 668 00:39:27,452 --> 00:39:29,584 evil murderers I ever prosecuted 669 00:39:29,628 --> 00:39:31,847 in my 26 years as a DA. 670 00:39:31,891 --> 00:39:35,808 - There's no word to describe our pain and anger 671 00:39:35,851 --> 00:39:38,811 and frustration we have been going through. 672 00:39:38,854 --> 00:39:42,423 - My only regret, that this state 673 00:39:42,467 --> 00:39:46,558 won't let me kill this coward myself. 674 00:39:46,601 --> 00:39:49,909 - With the sentencing of Daniel Wozniak complete, 675 00:39:49,952 --> 00:39:52,999 those who aided and abetted his crimes 676 00:39:53,042 --> 00:39:56,176 also face their day in court. 677 00:39:56,219 --> 00:39:59,222 - Investigators looked very closely at Rachel Buffett, 678 00:39:59,266 --> 00:40:01,529 and what they were able to determine 679 00:40:01,573 --> 00:40:03,705 was that she had lied to detectives 680 00:40:03,749 --> 00:40:05,490 about this mystery man in the hat 681 00:40:05,533 --> 00:40:07,143 and the black Mazda. 682 00:40:07,187 --> 00:40:10,712 In a murder case, it's a crime to provide false information, 683 00:40:10,756 --> 00:40:12,366 especially when that is corroborating 684 00:40:12,410 --> 00:40:14,847 the story of your fiancé, 685 00:40:14,890 --> 00:40:17,197 who has committed two horrific murders. 686 00:40:17,240 --> 00:40:20,200 So she was prosecuted separately as an accessory 687 00:40:20,243 --> 00:40:23,377 after the fact, and she was convicted of that. 688 00:40:23,421 --> 00:40:26,772 - Found guilty of covering up a depraved double murder 689 00:40:26,815 --> 00:40:29,122 committed by her fiancé. 690 00:40:29,165 --> 00:40:32,865 - Wozniak's older brother, Tim, he was--it should be noted, 691 00:40:32,908 --> 00:40:34,432 was totally cooperative with us, 692 00:40:34,475 --> 00:40:36,695 and he wound up testifying against his brother, 693 00:40:36,738 --> 00:40:39,001 which isn't an easy thing for anybody to do. 694 00:40:39,045 --> 00:40:41,047 But he was charged criminally, and he was prosecuted 695 00:40:41,090 --> 00:40:43,745 as an accessory after the fact to murder. 696 00:40:43,789 --> 00:40:45,486 Wesley Freilich was never charged 697 00:40:45,530 --> 00:40:47,662 and he was never tried because he was a juvenile. 698 00:40:47,706 --> 00:40:49,011 He was a victim in this. 699 00:40:49,055 --> 00:40:51,100 He was another person whose life was 700 00:40:51,144 --> 00:40:53,189 negatively affected by everything 701 00:40:53,233 --> 00:40:54,452 that Daniel Wozniak did. 702 00:40:57,498 --> 00:41:00,806 - Julie and Sam had so much potential, 703 00:41:00,849 --> 00:41:02,242 and they gave their lives, 704 00:41:02,285 --> 00:41:03,635 thinking they were helping a friend. 705 00:41:03,678 --> 00:41:06,464 Sam thought he was helping Dan Wozniak. 706 00:41:06,507 --> 00:41:08,204 He got killed for that. 707 00:41:08,248 --> 00:41:11,817 Julie thought she was helping Sam, 708 00:41:11,860 --> 00:41:14,036 and she got murdered for that. 709 00:41:15,298 --> 00:41:17,910 Finding Julie's body in Sam's apartment 710 00:41:17,953 --> 00:41:21,043 and finding out that Sam had died 711 00:41:21,087 --> 00:41:25,091 were the hardest things in my life. 712 00:41:25,134 --> 00:41:27,136 I wouldn't wish that upon anybody. 713 00:41:29,225 --> 00:41:33,447 - I miss how full of life Julie was. 714 00:41:33,491 --> 00:41:34,970 She had the biggest smile. 715 00:41:35,014 --> 00:41:38,800 You know, I always say she had the biggest heart. 716 00:41:38,844 --> 00:41:42,456 - Being a veteran, Sam was entitled to a military funeral 717 00:41:42,500 --> 00:41:43,805 with full military honors. 718 00:41:45,807 --> 00:41:47,896 It was beautiful to see 719 00:41:47,940 --> 00:41:51,030 how the military had honored him that day. 720 00:41:51,073 --> 00:41:54,163 Sammy, I think, would have been proud of that too. 721 00:41:57,079 --> 00:41:59,778 - I go to the cemetery every week. 722 00:41:59,821 --> 00:42:02,563 I go there and I sit there for anywhere 723 00:42:02,607 --> 00:42:05,131 between 45 minutes and an hour. 724 00:42:05,174 --> 00:42:07,742 Every week when I do leave, I'll say, love you, Sammy. 725 00:42:07,786 --> 00:42:08,961 I'll see you next week. 726 00:42:09,004 --> 00:42:11,137 And it gives me a lot of solace. 727 00:42:11,180 --> 00:42:13,748 You see, it's my time with Sam. 728 00:42:13,792 --> 00:42:18,187 I'm with my boy as best as I can be.