Con Artists | "48 Hours" Full Episodes | Forensic Files

[music] I want people to know that Rhonda wasn't just beautiful. [music] >> Bye, Daddy.
>> People always are surprised when they hear this. Like, no, you can't be super
beautiful like her and be intelligent at the same time. I'm like, actually, she was wicked smart.
Very in love. We planned on getting married in the summer. That was my timetable.
>> They did look at wedding rings. >> I think she she wanted one that was around 35,000 and uh I was thinking more
15,000 was my range. >> And you and Rhonda, did you like to get outdoors >> all the time? We loved hiking. Uh we
played a lot of frisbee golf, so yeah, we were outdoors most of the time. We woke up early. She opened the drapes
and we saw a beautiful day. Okay. So, we are going to go hiking. One of the things she asked me on the drive over.
She said, "Uh, if anything ever happens to me, do you promise to watch our daughter and take care of her?"
And I go, "What are you talking about?" She goes, "I have dreams all the time that I am dead before 25."
[music] >> Did Rhonda ever tell you that she was sensing something bad was going to
happen to her? She said that he's either going to propose to me or kill me. She wasn't happy. She just fell out of
love with him and they were fighting all the time. She had mentioned wanting to take the baby and and leave. Steve
>> started pouring down rain and thunder came and so she just started bolting down like at a full sprint running down
the trail. and what unfolded before your eyes. >> I don't know how far down it was, but
she went off the trail. >> A man hiking with Rhonda Castow says that she fell off a cliff last night.
[music] >> Did she take a step and her feet went out in front of her? Did she tumble
forward? What did you see? >> Next question. I'm Steve Nichols and in February of
[music] 2015, I was charged and arrested for the murder of Rhonda Casta, my fiance.
We're in Hood River, Oregon. It's been 6 years, 1 month, and 26 days since Rhonda
fell off that trail to her death. And for the first time, Steven Nichols will enter a formal plea.
Accident or murder? >> Murder. Murder. >> And from a mother's heart and mind, you
are certain of that. >> I am 100% certain of that. He's evil. He's totally evil.
>> I think I've just left a path of destruction. I'm a tilla the Han basically going through women.
[screaming] >> [music] [music] [music] >> 48 hours mystery at Eagle Creek. When you have a [music] case where
someone's falsely accused, you can't really separate yourself from work and and home life.
>> For defense attorney Mike Arnold, >> Mr. Nichols is here with his lawyer. Representing Steven Nichols gives new
meaning to the phrase full-time job. >> You know, while I prefer to be coming home doing farm chores and listen to
wildlife, [laughter] >> instead I'll be thinking about my closing argument or what the next step
of the case is. >> We are on the record in Hood River County, state of Oregon versus Steven
Wagner Nichols. >> Nichols was arrested for murder [music] in February 2015. accused of pushing his girlfriend Rhonda
Castow off this trail in Oregon 6 years earlier. >> To that charge, what's your plea?
>> Not guilty. >> Bail was set at $2 million. Nicholls would spend [music] the next 14
months in jail awaiting trial. >> I try to just take it one day at a time. I read a lot. I play chess, but really
when it comes down to it, I miss my daughter. So that's the hardest part. >> But in April 2016, with a trial date
nowhere in sight, Judge John Olsen reduced Nicholls bail to $250,000. Mike Arnold set out on a frantic mission
to gather the 10% needed in cash to free his client. So the farming defense attorney 5 10
>> becomes a personal banker. >> People have taken off work to be there to get him out. So it sounds like a
small price to pay to be there when my client gets to see freedom for the first time in a year. So wish us luck.
>> But Arnold would need more than luck. >> We can't get the client build out until
tomorrow morning. >> He'd need an extra day to arrange for the ankle monitor required for Nicholls
release. >> So hold on tight to this and go get some supper. The next day, it >> was a little unexpected overnight trip
in Hood River. I want recycled clothes. Looking forward to get home to my family. It's my son's first birthday
today. >> Presumption of innocence, ladies and gentlemen. >> Mike feeds the cash into the bail
machine. >> I'm very excited to to see Steve for the for the first time outside in the fresh
air. >> Two more hours. And Arnold gets his wish. >> I want to cry. Actually, I'm so happy.
But it's a bittersweet victory. We will continue to fight until I've proven my innocence.
>> There's still a long fight ahead. But now I've got him out with me so we can work on this as a team. So, this is a
big deal. >> But how exactly did Nicholls and his attorney end up at this moment?
It all started 11 years earlier when a stunning 20-year-old woman knocked on Nicholls bedroom door at his
home just outside Portland, Oregon. And I turn around and I look at her and my tongue pretty much hit the floor. Up
until that point, she's the most beautiful woman I have ever seen. And she's like, "Hi, my name is Rhonda."
In 2005, Nicholls, who is 10 years older than Rhonda and recently divorced, was working as a day trader.
>> I had a three-bedroom condo, and the other two rooms were just empty. >> So, he decided to get a roommate.
>> I first met Steven Nichols through the internet. I was looking for a place, a
room to rent, >> who turned out to be Rhonda's mother, Julia Simmons. He can be very charming
and, you know, somebody that's really nice. >> Rhonda's [music] best friend, Jessica
Coburn, wasn't surprised Steven was instantly attracted to Rhonda, who was an aspiring model.
>> Tell me about this. >> That was part of her modeling portfolio. I just love it because she just looks
amazing in all of those pictures. >> Everything about her was impressive and I just immediately fell in love with
her. And what were you sensing from Rhonda? >> I felt she was into me, too. I could
tell that she valued intelligence, and I've always thought that that's one of my strongest assets.
>> I think she was attracted not so much to his looks, but to his his uh what he
had, his condo, his money, his, you know, his status. >> Soon, Rhonda [music] joined her mother,
Julia, in the condo, not as a roommate, but as Steven's girlfriend. [music] Rhonda's younger sister, Tessa, was just
9 years old at the time. >> When I first met Steve, it was really fun because I was a little girl. He was
he was playful. You know, >> 3 years into their relationship, Rhonda [music] and Nicholls, living together
but not married, became parents. >> You want daddy to help you a little? >> I got this for you.
>> Did you see her face? She's all >> When our daughter was born, >> it meant everything to her. She became
the focus and the center of her life. >> I loved having a niece. I was always over there and she loved playing with
jewelry just like Rhonda did. >> She's just like her mom. She loves jewelry. >> Rhonda loved being a mom but hoped to
restart her modeling career. She had gained quite a bit of weight from having our daughter. She was the heaviest she
had ever been and she felt really disgusting. >> So Steven says the couple came up with
[music] an adventurous plan to lose weight. >> We made it a pact that we would hike 20
or 25 of the top trails in Oregon. We'll just start crossing them off the list. >> But Jessica says Rhonda told her about
only one planned hike. She was so happy that he was finally planning something. And all the years they had been
together, he had never put any effort into planning anything for her, >> including those plans to get married.
>> The proposal never happened. Things were tough after the baby was born. He wasn't
around as much. I think she held on for longer for the sake of the baby. >> Daddy going to open it for you. Jessica
says Rhonda had grown unhappy and that the relationship had taken a dangerous turn.
>> She told me that he had in the recent months been physically abusive to her. >> But Nicholls claims just the opposite
was true. >> We wouldn't argue at all. We were spending a lot of time together. So I
would think that would be the closest we ever were. So, when Steven is telling us
that they were planning their future together and everything was great and it was a loveydovey relationship,
is he lying to me? >> He's absolutely lying to you. I've I've witnessed their fights. I' I
was on the phone a couple of times when they were in a physical fight, actually.
>> And Julia claims Rhonda made a chilling statement to her just before the hike.
She said, "He's either going to give me a ring or he's going to throw me off a cliff."
>> On March 16th, 2009, Rhonda and Steven would set out on that fitness hike, and
Rhonda would not live to see the end of the day. >> There's a smile. Bye, Daddy.
This is probably the most hiked area in the Columbia River Gorge uh for several reasons.
One, the the sheer beauty of the hike. Three months after Steven Nichols arrest in 2015, his attorney, Mike Arnold, took
his own investigative team up the Eagle Creek Trail, where he [music] believes Rhonda Castow slipped
and fell to her death. Inclement weather hits and disaster happens. Between the physical evidence and the
science, there won't be much dispute about this being a tragic accident on a dangerous trail.
>> Steven Nichols says this is how the tragedy unfolded. They are heading down the trail. Rhonda was in a great mood
and jokingly she put a towel around her shoulders and was calling herself Supergirl. She broke into a run. And
according to Nicholls, at this very point, she slipped on the wet path and fell more than 150 ft to her death.
That was his story in 2015. >> I'm not going to comment on that. >> When Nicholls was forbidden by his
attorney from discussing details of Rhonda's deadly fall with 48 hours. Until now, his only account was the one
he gave to police the day of the tragedy. >> Again, something I'm not going to comment on.
>> But in 2017, Steven Nichols broke that silence. >> Either I pushed her, she jumped of her
own accord, or she slipped. >> He sat down and spoke to us about the day Rhonda Castow died. Let's get in
that time machine and go back to March 16th, 2009. We woke up early. >> Steven says [music] Rhonda seemed
focused on the future as they drove to Eagle Creek Trail. >> She says, "I desperately need to lose
weight because they want to use me as the Maria Sherupova lookalike model." And I'm like, "Yeah, you really do look
like her." But then Nicholls claims Rhonda asked him a startling question completely out
of the blue. >> She said, "Uh, if anything ever happens to me, do you promise to watch our
daughter and take care of her?" And I said, "Of course." >> Steven says the question unnerved him,
especially since 3 months earlier, he claims Rhonda had demanded [music] he buy life insurance.
>> She was adamant about it. I said, "Why do you want this life insurance?" and she goes, "Because I want to leave our
daughter something in case I die." >> So both Steven and Rhonda had each taken out [music] a $1 million policy on the
other. >> He planned the whole thing was premeditated. The whole thing. >> Rhonda's mother doesn't believe a word
of Nicholls story, [music] saying the insurance was all his idea and that Nicholls, the day trader, had an
ulterior motive. He had lost a bunch of money the year before. He lost like a quarter of a million dollars cuz
insurance and then four months later she's dead. >> The couple got to the trail head where
Rhonda snapped this photo of Steve later found on her cell phone. >> The weather was excellent actually.
>> But Steven says Rhonda was acting strangely. I asked her, "Are you okay hiking on
this trail?" And she goes, "I used to come up here with a bottle of vodka and a bag of weed." She goes, "I'll be
fine." So I said, "Okay." >> They hiked up a few miles. >> Uh I remember we kissed for a little
bit. Um I remember she wanted to have sex and I said, "No, like I'm very prim and proper. I didn't want to do that."
Then Nicholls says Rhonda once again asked him that unsettling question. >> She asked me if anything ever happened
to her which would I promise to take care of her daughter. >> But Rhonda may have been thinking about
more than their daughter. >> What are you saying, Stephen? >> I mean I think anyone with an ounce of
intelligence can fill in the blanks. Um, you would have to look into how many times in her past she committed suicide.
>> Attempted suicide. [music] >> Yeah, of course. Attempted. I mean, Nichols says Rhonda was depressed and
shockingly that she had tried to take her own life at least three times before he even met her.
>> She's never attempted suicide. Never. He's lying. I But you know what? People
that have to make up lies are, you know, you can obviously tell they're guilty. And there's more. Nicholls claims that
Rhonda had long struggled with a serious drug problem. >> She's never been off drugs since the age
of 12. >> What kind of What kind of drugs? >> Everything. Everything. >> Alcohol, cocaine,
>> all of them. >> Marijuana, >> crystal meth, >> all of them. Heroin. >> But Rhonda's autopsy would show that she
only had traces of marijuana as well as prescription drugs for anxiety and depression in her system. Jessica Coburn
says Rhonda did suffer from postpartum depression. >> She was in therapy and that's why she
was on the prescription medications. >> Nicholls says they didn't linger on the trail for long. And who decides, hey,
let's head back. Uh was decided by the weather. started pouring down rain and thunder came and so she just started
bolting down like at a full sprint running down the trail. >> Now, I've been on that trail. It's a
narrow trail. >> It is very narrow. >> Did you yell at her? Hey, what are you doing? Stop. Walk. We're walking down.
>> Um, I don't think I screamed anything at her. >> Nicholls says the steep trail became
slick. I hugged the right wall pretty much on the way down. This is cascading rain. Like you can actually just see the
water flowing down the trail. >> And so take me to the time of of the fall. What do you remember?
>> M that part I'm not going to take you through because she did fall off and I can say I had
absolutely nothing to do either directly or indirectly with her falling off. >> But what Nicholls seems to be suggesting
to 48 Hours is that Rhonda may have chosen to go off that cliff. >> Did she tumble forward?
What did you see? >> Next question. Was there a large skid mark on the uh on the path where she had
slipped and went off? >> No, it's just a footprint. >> Just a footprint. >> Mhm.
>> Steve, look at me. [laughter] What you're saying is she jumped. She was going down at almost a run pace.
There's a single footprint, you're telling me, at the edge of the cliff >> and she goes over.
>> That's a jump. I've laid everything out there. People can reach whatever conclusion they want.
[music] Well, not saying it in so many words. She did fall off and I can say I had
absolutely nothing to do either directly or indirectly with her falling off. >> Steven Nichols mind games.
>> There's definitely a lot more to the story, but I'm not going to say it. So, >> manage to drop a bombshell.
>> Well, you've led me down a path to believe this was a suicide. And I don't think you can look me in the eye and
say, "Well, Peter, you're wrong." >> Can you? >> No. >> Suggesting that Rhonda Castow [music]
chose to jump to her death from Eagle Creek Trail. What was her point in going up there?
How to say this? I She knew she wasn't living past the age of 25. She knew that for a reason. She just wasn't a happy
person. and she thought that having our daughter would bring her happiness and it didn't.
>> She had a 9-month old baby at home that she loved dearly and she loved her family. So, that's just another one of
his lies to take the heat off of himself. >> After Rhonda went off the trail, Steven
says he hiked down the deep ravine. >> What did you do when you got to her? >> Well, I held her.
That's the first thing I did when I got to her. With no cell service to call for
help, Nicholls says he made his way back to the trail head and dialed 911. >> The police never once asked me if it was
a suicide. They never even brought up suicide. I just answered the questions that they asked.
>> Why didn't you tell them back in the day that suicide was something she was contemplating?
>> Would it have made a difference? Do you really think >> Nicholls may have had a million reasons
to keep suicide a secret? >> If [music] it's a suicide, life insurance doesn't pay out.
So, our daughter would have gotten nothing. >> Is Steven being self-sacrificing, having
said nothing about suicide until now, even as he stands charged with murder. you were willing to essentially take a
bullet for that. >> Or is he self-erving? >> I think Steve is just throwing all these
ideas out to throw people off the fact that he pushed her. Oh well, she killed herself because she wanted to make a
better life for her daughter. >> An investigation into Rhonda's death was immediately launched and a memorial was
held. Rhonda's family claims that you were not grieving, that you seemed unmoved by Rhonda's death.
>> The exact opposite. I was crying nonstop. When I'm really, really sad, I just I close down.
That's just the way I deal with pain. >> Shortly afterward, Steven moved across the state with his daughter to live with
family. For about 3 months after Rhonda died, I completely shut down. >> By 2013, four years had gone by and no
charges had been filed against Nicholls. He decided to start a new life in a new
land. >> So, how does a kid [music] from Oregon end up in China? >> I had been there before and I liked
China. >> Steven packed up. >> I was telling my daughter, "This is our new life. let's make it work.
>> And headed here to Wooi about 75 miles from Shanghai. >> I decided when I got to China, this is a
whole fresh start. And I was like, America, all the past. >> Steven got a job teaching English to
Chinese businessmen. >> My daughter was absolutely thriving. A little over two months and she was
fluent in Mandarin. She had dance lessons. She was taking Taekwond do. She was learning to play the piano. [music]
>> And Steven began to thrive, too, falling in love with Landy Yinyan. >> She's [music] beautiful, of course, but
she's the deepest, funniest person I've ever met. >> Steven says, "Landy became like a mother
to his daughter." >> And I can say this with being with so many American women. Chinese women, all
inclusive, are better partners. Sounds so insulting to American women, but they just they make better partners. They
make better wives. >> And so Steven decided to make Landy his wife after a year of dating.
>> I had actually proposed to her right before I came back to America. >> Steven flew back to the US with his
daughter in February 2015 to get married. Landy would follow a few days later. >> We were planning on getting married both
in America and China to make it official. What Steven didn't [music] know is that the entire time he was out
of the country, investigators stayed on Rhonda's case and Julia stayed on theirs.
>> I kept calling and asking why nothing was happening. >> But something did happen. In April 2014,
a secret grand jury heard evidence and [music] indicted Nicholls for the murder of Rhonda Castow. So 10 months later,
when Steven [music] and his daughter arrived in San Francisco, >> they said something was wrong with my
bags, and was like, "That's interesting." >> Instead of catching his connecting flight to Oregon, Steven says
authorities separated him from his daughter. >> I'm like, "What is going on here?
Something's fishy." And then, yeah, that's when they arrested me. And I could hear my daughter in the other room
crying and she goes, "I want to be back with my dad." Steven would be extradited to Oregon and
his daughter would be sent to live [music] with Rhonda's family. >> I was shocked. It's one of those things
where you think you're in a dream and you're going to wake up at any time. I'm like, "Okay, I'm going to wake up in
China." You know, my daughter will be nudging me. It'll be back to normal, but that never happens.
>> Back in Oregon, it was like a dream. 40-year-old Steven Nichols was arrested last
>> one that had come true for Rhonda's [music] loved ones. And I just I was busted out crying. It was amazing. I
couldn't believe it. I was just like after all this time finally. >> We are on the record in state of Oregon
versus Steven Nichols. >> For months following his February 2015 arrest for murder.
>> When you're ready, Mr. Arnold. Steven Nichols faced pre-trial hearings on a slew of issues from evidence to motive.
>> The state is present represented by Carrie Rasmus, >> including whether there should even be a
trial. Since the defense considers Ronda Castow's death an accident, both sides called witnesses.
>> Was this immediately investigated as a murder? >> No. >> And when did it become a homicide
investigation as opposed to an accidental fall? >> Pretty much the next morning.
>> [music] >> I can tell that uh based on the injuries that she has, she she landed
predominantly on her legs and her pelvis. >> Medical examiner [music] and forensic
pathologist Dr. Christopher Young says Rhonda's injuries were mostly below the waist.
>> The pelvis was essentially shattered. The defense argues the location of her injuries indicate Rhonda left the trail
feet first, not tumbling head over heels from a push. It's a theory that could support
Nicholls new suggestion of suicide. When you look at the relationship that the defendant then had with Rhonda Castow
and >> notes from a therapist Rhonda [music] had been seen reveal she was depressed
but not suicidal from her relationship with Steven which she described as loveless.
>> Um what the state has to prove in this case is the defendant did a criminal act. Prosecutors hope the judge will
allow them to tell jurors about some bad acts in Steven Nichols troubled past at
his upcoming murder trial. >> Is something that obviously is is titillating and interesting.
>> The first one a shocking love triangle involving another of Rhonda's younger sisters, Melanie, that may have provided
a motive for murder. >> Do you believe that Steven was in love with Melanie? Yes, I do.
>> Jessica says Rhonda learned that Steven was having sex with Melanie. >> And did Rhonda ever tell you how young
her sister was when she first had sex with Steven? >> She was 15. >> 15 years old.
>> Yes. In fact, just after his arrest for murder, Steven was indicted on two counts of thirdderee rape and three
[music] counts of thirdderee sodomy for allegedly having sexual relations with an underage Melanie back in 2005.
>> He did rape my daughter and I didn't want to believe it. In October 2016, while awaiting his murder trial, you
agreed to plead guilty to two counts of sexual abuse with Melanie Castow. >> Mhm.
>> And you signed your name under this statement. I had sexual intercourse with Melanie Castow twice.
>> Steven insists his admission was false. >> Did you have sex with her? >> No. I'm like, well, can I take a plea
and then just say, obviously it never happened. And I was told later, "Nope. Um, in order to pass the sex offender
treatment, you have to admit that >> even though he'd be a registered sex offender, the law would allow Steven to
still fight and regain custody of his daughter who is in the care of the state. >> I became desperate. I wanted my daughter
back. You'll be amazed at what you're willing to sign to stay out of prison." >> But investigators believe there really
was a relationship between Steven [music] and Melanie. one that continued on and off for four years, right up to
that fateful last hike. Just a few hours before her death, Rhonda, who had learned of the affair, sent this text to
her sister. I don't know what to say besides, "He's a piece of He used to hurt me. I won't let him screw us up
again. When you need me, I am waiting." This Rhonda sounds like somebody that doesn't care much at all about you.
She's angry with you. >> Does sound like she's angry. I have no idea why she sent those.
>> But Julia says she knows why >> she loved her sister and she knew that Steve was trying to drive a wedge
between them and she I guess she figured it all out and realized what he was doing.
>> On the night of Rhonda Casau's death, the defendant didn't run to where his daughter was, didn't run to his parents.
The first person to whom he went was Melanie. Melanie Castow. >> And it's not the only allegation Nichols
has faced involving a minor. Less than 6 months after Rhonda's death, he was [music] charged with five counts of sex
abuse for allegedly touching a 13-year-old girl on the buttocks. He claims that didn't happen, but something
else did. You sent sexually suggestive texts to her and a selfie with your shirt off and you agreed to a plea deal
in this case. >> Yeah, that was definitely I was in the wrong on that one. Um, in
terms of sending the photo, that was >> No kidding. >> Yeah, >> that's terrible. It's disgusting.
>> It is. >> Nicholls pleaded guilty to one count of sexual harassment. I have been
emotionally abusive at times to people, but I've never physically hurt anyone. >> Prosecutors don't agree and want a jury
to see this picture taken by Rhonda showing red marks left from an alleged physical encounter with Nicholls.
>> Right before they went on their hike, they had they had a little scuffle on the stairs and he put some bruises on
her back and she took pictures of them in the mirror. And there are allegations of another physical assault of a woman
with eerie similarities to what Nicholls stands accused of now. Allegations made
by his ex-wife. [music] >> He did try to push his wife over a balcony in China. In November 2003,
Steven was still married to his ex, an American woman and living [music] in China for the first time when his spouse
accused him of trying to suffocate her and throw her over the railing of their eighth floor apartment.
>> We were both holding on to each other's clothing and we were both yelling. Nicholls denies the claim and was not
charged with the crime in China. But Oregon court documents show a witness confirmed Nicholls ex-wife's account.
As Nicholls awaits trial in the death of Rhonda Castow, he has some pleasant distraction.
>> My Chinese fiance Landy is arriving here in about an hour. I'm nervous. I'm excited.
visits from his fiance. >> Hello. >> Today I had my first court appearance. The case was involving my daughter.
>> At our request, Steven Nichols has kept a video diary while out on bail. >> Blue sky, many, many trees,
>> including Landy hiking to that fateful spot on Eagle Creek Trail. >> Very beautiful, but a little dangerous.
And on the eve of his trial, >> we're at the top of Spencer but in Eugene. Love the hike. This is one of
the happiest days of my life. >> A defiant Nicholls is convinced there will be many more happy days ahead.
>> I had nothing to do with Ronda Casau's death. I had nothing to do with Rhonda Caso's
death. >> You didn't push her. >> No. >> What is it? What is it? What is it? >> So, you you're telling us you are
completely innocent of these charges? >> Yes. >> There's a smile. In May 2017, following several hearings
about what evidence could be used against Steven Nichols, which would include his plea to having sex with
Melanie, it looked like his true day in court, was finally on the horizon. >> And then I got a call from Carrie
Rasmmanson, the prosecutor, and she slowly told me the news about him taking a plea. To Julia's shock and horror,
there had been a settlement conference with the prosecution and the defense agreeing to allow Nicholls to plead
guilty to lesser charges. >> I started to cry. I got really upset. I just said, I was screaming on the phone
to Carrie, "No, no, you can't do this. Please don't don't plead out." >> But prosecutors knew their case against
Nicholls could fail. >> For years, the district attorney's office has believed that Mr. Nichols is
responsible for the death of Rhonda Castow. But this case is not about belief. It's about the facts that can be
presented to a jury at trial. >> What is your plea to the charge of criminally negligent homicide?
>> Guilty. >> And to the charge of coercion? >> Guilty. >> People take p for all sorts of reasons.
Most of the time, innocent people plead guilty in order to gain an advantage or meet a goal. In this case, um this is
Mr. Nichols purchasing um insurance. There's now a 0% chance that Steve goes to prison for murder. That a jury gets
it wrong. >> Nicholls was given credit for time served while awaiting trial. He remains
on parole for 3 years. His ankle monitor was removed and his days behind bars are
over. This plea deal, is it justice to you? >> No, it's not justice. I felt like it
happened out of nowhere. I'm still completely blown away by the the decision that was made in this.
>> You destroyed my whole family. >> Still firmly believing [music] Nicholls is a murderer. Rhonda's mother, Julia,
was allowed to address [music] the court. >> I don't see how you could do that. How
you could take a mother away from her child like that by killing her? That's just horrible. Steve, I'll just buy my
time and wait until you screw up or when you die because I know you're going to go to hell for what you did.
>> Nicholls claims he took the deal for just one reason. Time was running out to
regain custody of his daughter. >> If I waited over a year to go to trial, I probably had a 0% chance.
>> There's um some problems with the juvenile uh court system that the longer you wait, the harder it is to get a
child returned to parent. [music] But having now admitted to inappropriate behavior with a 13-year-old girl,
pleading to having sex with Rhonda's underage sister, and playing a role in Rhonda's death, Nicholls chances of
regaining custody of his daughter are in jeopardy. >> I think I've just left a path of
destruction. I'm a Tilla the Han basically going through women. Unable to leave Oregon until his parole expires
[music] in 2020, Steven broke up with his fiance, who had returned to China. >> I'm alone about 99% of the time. I never
go out. I have nobody. >> Then for the second time in our 48 hours interview, Nicholls brings up the topic
of suicide, but this time he's not speaking about Rhonda. If I don't have my daughter, then it's pretty much game
over for me. I'm I'm checking out. So, >> you're saying you'll take your own life?
>> Um, I hate all the suicide questions. Um, I'm not going to answer that, but like I
said, I if I don't get my daughter back, I'm done. I'll just say that. >> Yeah, right. I doubt that. He's too
narcissistic, egotistical, sociopath. There's no way he would take his own life. He's just said that to get
sympathy. >> And if your granddaughter were to be placed back into his custody, what do
you think would happen? >> She would not be a normal child. She would be emotionally and mentally abused
and possibly [music] physical. And then just when we thought this story had come to an end, our interview with
Nicholls took a turn into the surreal. [music] >> I'm trying to think of a way to think of
this. >> For the first time, he talks about what may have happened [music] in Rhonda's
last moments of life that day in 2009, comparing her to a wounded soldier. Let's say you're in a war situation and
you're with your buddy and I don't know, he he takes a landmine or a grenade or something. You're 100% certain this
guy's going to die. >> Remember, [music] Nicholls climbed down 150 ft to where Rhonda's broken body
lay. >> Was she alive when you got to her? >> Now we're [laughter] And that's the part I'm not going into.
Is Steven Nichols about to admit something? >> Did you put Rhonda out of misery that
day? >> Let me ask you, if you shoot your war buddy because you see how much pain he's in,
is that murder? [snorts] >> What do you say? >> I say no. Of course not. So to me that's
a justified I don't want to say homicide but I mean technically it is homicide but it's justified as of that point. You
are putting someone out of their misery that essentially has zero chance of survival.
>> And is that what you did? >> That's of course that's not what I'm saying. I'm just saying well you brought
[music] this up. You brought up this whole >> it seems a dangerous word game. Nicholls
stood on the cliff's edge, then took a step back. A final twist in a tragedy where only Nicholls knows [music] the
real ending. >> It's all hypothetical cuz I'm telling people, you know, think think outside
the box. Like there's always other options there. [music] Heat. [music] [music] Hey, Heat. [music]
Heat. Heat. [music] [music] It was a very stressful situation, very emotional at times
and an emotional trial from start to finish. He's a very prominent businessman, very
successful. >> Generally to get in that kind of a position, you you have a pretty big ego.
>> We had a camera. We started taking photos. She took a few of me. I took some of her.
>> Leslie Müller took a fall and drowned. How that happened? No one knows except Fred Müller.
You cannot fall that far without serious serious injuries. >> It's like it's just happened in slow
motion in front of me. She falls like she just dove. Fred had a great story. >> I'm screaming her name. I'm hollering.
She's moving with the current. I can't really see where I can get to her. >> I mean, he had details and drama and
action. [snorts] >> The defendant has asked people to believe what is impossible.
>> I mean, there are so many inconsistencies in his story. I don't [music] know if they just
thought that we were going to be a bunch of ignorant Hicks. >> There's no proof. Someone's going to
murder somebody. They're going to have a reason. >> We don't know these 12 people. They
don't know us. They don't know my dad. He would have never hurt my mother in any way.
>> During jury selection, we kind of heard that, oh, you know, he's got a new wife.
And it's like, oh, aha. She basically rescued me from the pits of despair after Leslie died.
>> I will tell you why I fell in love with Fred. His honesty, his integrity, his
trustworthiness. [music] There are 12 people in a room somewhere deciding my husband's fate.
[music] >> It was uh incredibly stressful. >> It's tough. They were there. They stared
at us, you know, day after day. >> I think it was a lie. I think Fred [music] Mueller is a master of
deception. >> When I saw that photograph of Fred's face moments before the accident,
I told myself he didn't kill her. >> Just because you don't find something doesn't mean it's not there.
Amid the majestic mountains of Colorado and the landscape surrounding the family
vacation house, Lesie Muller found her sanctuary. It was a beautiful house with some beautiful land around it.
>> Bob Burton knew the Mullers. He's the former under sheriff here in Hinsdale County.
>> The people in town would talk about her and how excited she was when she was up
here and how exuberant and she'd love to take advantage of everything that was up
here. Lesie came here to the town of Lake City each summer to ride horses and at Christmas to ski with Fred, her
husband of 27 years, and their three children, Alex entering the naval academy, Ariel working for a Dallas
bank, and Amanda, who works in the oil and gas industry. Fred and Lesie had married young. He was 19 and she was 20.
A deeply religious woman, she became a pioneering doctor in their hometown of San Angelo, Texas, the first female
OBGYn in the area. >> They were very, very affectionate to each other. They were the type of couple
that you kind of feel uncomfortable cuz they're all over each other. >> Even on the rare occasions they didn't
see eye to eye, the disagreements didn't last, says daughter Ariel. And that's why they had such a great marriage
because they never harbored any grudges against each other. >> The Mullers seem to have it all. Three
successful children, a big home in San Angelo, Texas, filled with a lifetime of family memories. And Fred owns a
thriving metals business in town. They are a proud family going back generations in the community.
But what happened here in the deep mountain woods on May 3rd, 2008 in this creek filled with rushing water
changed their lives forever. That Saturday started out happily. It >> was a wonderful day. We basically spent
the whole day, us three, together. >> They went to church. Afterwards, Fred and Alex did some work
around the house. And then Fred and Lesie decided to go for a hike. >> They were urging me to come along with
them. >> Your dad, too. >> Yes, both. And they were even pressing me saying, "Well, come on. We It'll be
fun. We'll see the waterfall." And at that point, I was pretty wore out. Um cuz I mean, I I worked all morning and
so they decided to just make it a date. >> That date would soon take a tragic turn.
Burton was one of the first law enforcement officers on the scene, and Müller described to him what had
happened. You can hear the creek in the distance. We're getting closer and closer. Fred
led us right down to the edge of Cottonwood Creek. Beautiful waterfall down here. And said he was coming down
here with his wife to start taking pictures. Just to this ledge. Little treacherous here, isn't it? The
waterfall in the background was really the point of interest they had in terms of the picture taking that day. And this
particular area would have still had some snow on it and potentially ice. This is one of the last photos taken of
Leslie Mohler before Fred says a bizarre turn of events was set in motion. >> He had her kneel just about where you
are. She was holding the dog. Now, this is where Fred tells me that as he took the picture, a bird flew by, the
bluebird appeared to startle the dog and that as she was getting up, she suddenly started going backwards.
Fred described it himself to police the next day when they interviewed him on audio tape. It's like it just happened
in slow motion in front of me where she falls just like she just dove and [snorts]
it lands on the rocks right by the water. >> The one he pointed to was that one.
There's a little bit of water coming over the top. >> Right. Pretty big size rock.
>> Pretty big size rock. >> She just did a swan dive. just like head and shoulders and just
slides like mush into the channel. I'm screaming her name. I'm hollering. I don't know what I'm doing. And next
thing I know, she's out of sight, man. I can't really see where I can get to her.
She's just face down in the water, head first going downstream. >> Leslie's body was found wedged under
that tree that you can see behind me that goes across the creek. It's just 50 yards downstream from where Fred said
she fell in. Fred says he ran down the mountain trail for help and rescuers tked up the river, eventually finding
Leslie's body here. It appeared to be a terrible, tragic accident. I know she's in a better place and I
know that Jesus is with our family. And so I had to keep it together for for my dad, for for my mom still.
>> But the family has had a big problem putting it all behind them because as police scrutinized Fred's story of what
happened, they weren't at all sure that it was true. >> Fred Mueller says all that occurred here
was one horrific accident. >> I say it was not an accident. I say it was a cold-blooded murder.
When Lesie Muller's drowned body was found wedged beneath this log in Cottonwood Creek, investigators took
Fred Muller at his word. Initially, we have every reason to believe it was an accident.
>> But it wasn't long before Fred's eyewitness account of what happened raised some troubling questions.
>> Each time we would talk to him, the red flags kept being waved. >> According to Fred, Lesie fell from that
cliff about 20 ft, but somehow didn't land in this rocky area that's about 6t wide. Instead, she somehow landed out on
this boulder and was swept away. He said, "I saw her hit with a sickening thud. She was motionless, hitting head
first, body first, shoulder, and head." Based on Fred's description, investigators expected to see major
injuries to Leslie's body, but her autopsy only added to the mystery. There was a significant absence of any
visible injury to any part of the body who would expect to see broken bones. Which beg the question, had Lesie really
fallen from that cliff, Burton says the more Fred spoke. >> I didn't do anything and and I'm not at
all afraid of the truth. >> The more his story sounded rehearsed. He hit me as if he was uh reading from a
recited script. >> He spontaneously said, "You know, I don't have any reason to kill my wife. I
don't have any motive. I don't have a girlfriend. We love each other very much. In fact, uh he told me they even
had sex that day." >> He was answering a question that hadn't even been asked. >> Hadn't been asked in advance of that. He
just blurted that out. >> Burton says Fred could suddenly become defensive. like when he started talking
about family insurance policies. >> We had a a big insurance policy on the two of us. It was strictly for
inheritance. So what in the world would it have been a benefit to me for? The reality is there was no reason for my
wife to die that benefited me. No monetary benefit. >> There are moments, Burton says, when
Fred did sound like a man coping with the death of his wife. I've [clears throat] already had the the
worst thing I could think of in the world happen to me and I just want to go home.
>> But it was what Burton saw on Fred's face, these scratches that added to his growing belief that a crime had taken
place. >> His explanation was that there were some bushes that probably scratched him.
First of all, there weren't a lot of bushes there, and the type of scratches you normally get from bushes are totally
inconsistent with the the marks on his face. Burton wondered, could Lesie have scratched Fred's face? [music]
And then this clue, these glasses that turned out to be Fred's found just 15 ft from where Lesie had reportedly fallen.
>> I at this point had no idea whose glasses they were. >> They were broken. And when an officer
asked if he was missing his glasses, Fred turned defensive once again. >> That's bull.
You know, you're asking me how many times a day did I have sex, but you won't tell me if you found any damn
glasses. >> Well, we did find some glasses. We don't know that they're yours. >> It's that kind of crap that makes me
think that you're not believing a word I'm telling you. Just I'm just sticking my head in a noose. I didn't do
anything. >> It got so combative. At one point on the record, he said, "If you didn't have a badge and
gun, I'd beat the out of you." That kind of shocked me. And he at that point raised maybe he should be getting an
attorney. And what did that suggest to you? Well, >> at that moment, I felt that we had a
criminal homicide. >> Burden developed a theory of what happened on May 3rd, 2008. The scenario
that I put together is that when the picture was being taken, what was allegedly the last picture before she
fell in, he had gone forward towards her and tried to push her in. >> According to Burton's theory, Lesley was
fighting for her life. >> I'm thinking at that point the scuffle continued in which the glasses were
ripped off and left pretty much where that rock is. >> This is when Burden believes Lesie
scratched Fred. I believe at that moment she was able to break away, gain one, two seconds maybe. She fled down a path
that paralleled the creek. >> Burton speculates that Fred chased after her. >> He was probably 1 to two seconds behind
her and she ended up jumping into here and just right behind her was the husband. He jumps in too and drowns her
in this pool area right below us and takes her body and just lodges it under that tree where the body was found.
>> What motive would Fred possibly have had to kill his wife? >> In in many cases, the motive is not as
clear as one would hope. What I believe in this case is that he was tired of her. I just I don't think he hated her.
Uh, I just believe he was tired of her. >> Not a very strong motive for murder. And
that was one big problem for police trying to prove their suspicions. Fred's family says there's no motive because
there's no murder. >> There's not a doubt in my mind that he did not kill my mother. It was an
accident. >> And police didn't have enough evidence to charge him with a crime. So, they let
Fred resume his life. for a while. [music] I >> always tell him that I love him and that
things are going to be okay and that we're going to be here for him no matter what.
Fred Müller returned to his Texas home to be with his three children just days after his wife Lesie drowned in this
Colorado creek. >> He may be a big guy, but he's very emotional and very soft-hearted. And
>> Fred's daughter, Ariel, >> he's a big teddy bear. He would have never hurt my mom. He would do anything
to make her happy. He would do anything to make us happy. >> A year passed. Then Fred reconnected
with a longtime family friend, Wendy Walker. The two began dating and were married in 2010. [music]
>> There are a number of photographs of Leslie and the kids uh as they're growing up. She was a lovely person. He
loved her very much. He lost her um too soon. And that's very, very sad. And um it was very hard on him. I saw him in
the middle of all of that grief. This is Fred and Wendy's San Angelo home. Nearly
four years had passed since Leslie's death. Then on February 6th, 2012, family members started getting phone
calls. >> I was still in high school at the time and I was pulled out of class from my
principal. >> I'm not going to say it's the it was the worst phone call I'd ever had cuz the
worst was on May 4th, 2008. It was the second worst phone call I've ever had. The children were stunned to
learn Colorado authorities had arrested their father for the murder of their mom. Fred Muller was to spend the next
year of his life in a Colorado jail awaiting trial. >> Have any of you ever had a moment of
doubt? >> I've not >> never >> never >> not for a moment. >> No. >> If if you knew my dad, you wouldn't you
wouldn't doubt either. >> You wouldn't lie for him. In other words, in a situation that
>> my dad wouldn't lie for himself. He's an honest man and he if there was if something else had happened that day, he
would have said so. >> Also, you have to understand that I mean, as much as he's nonviolent, he's
also, you know, I mean, his probably his second biggest trait is the fact that he
doesn't have a nefarious bone in his body. Like, he's not the type to spin plots and cover things up. In January
2013, Fred's murder trial got underway in Gunnison, Colorado. Best known for having the lowest average temperature in
the continental US. >> Thank you. >> Prosecutor Matthew Durkin. >> Injuries are going to tell you a story
that Leslie Muller was drowned by her husband. >> Fred's lead defense attorney, Mike
Darren. Don't be tricked into the situation where the prosecution says, "We really don't know how it happened."
You can't guess somebody into the penitentiary in the United States. You can't speculate. You're not to come up
with a theory. Guard against that. >> For four weeks, the family, including Leslie's parents who support Fred, sat
and listened to prosecution witnesses. Somebody swear or affirm. >> As did jurors Betty Haggard, an interior
designer, Janine Meline, a park service supervisor, Brian Turner, another park service employee, and Drew Zimmerman, an
electrical engineer. >> It was one of the toughest things I've ever been involved in.
>> Prosecutors call experts who present a series of video recreations. I've dragged the mannequin back up and we're
going to drop it again in that downrushing waters >> to test whether it was possible for
Leslie's body to have traveled down this winding creek to where she was found underneath this fallen tree.
>> I'm going to test how far we can advance that mannequin or if the mannequin will
flush. We obtained the mannequin in the summer of ' 09. Investigator Jack Haynes
used a mannequin that was the exact height and weight of Lesie Muller. >> Each time he would drop it, the
mannequin would sink. It didn't go anywhere. >> The mannequin ever float downstream?
>> Never floated, never flushed anywhere. It it it just would stay at the bottom.
>> Then a woman investigator attempted the same journey. Water rescue expert Andrea
Zaferis testified to the result. It's not possible for the water to have gotten the body there or to kept the
body in that position. A human being had to physically put a body in that position.
>> You can observe the water elevation. >> But the defense presents an expert who
says the tests are meaningless because the water levels had changed between the time of the tests and when Lesie died in
May. opinions that the the stream flow of Cottonwood Creek on September 9th 08 were uh strikingly smaller uh by quite a
bit than they were on May 3rd, 2008. >> Another question raised by prosecutors, Fred's motive. They brought in Amy
Hyoffski. >> Give me a moment cuz I'm nervous. Hyoffski, a former friend, testifies that the subject of
divorce came up once in conversation with Fred. >> He he said he wouldn't go through a
divorce. He wouldn't allow a woman to dictate when he could or could not see his children.
>> What you want to do is you want to be able to say that's not true. You want to
be able to defend him. And you basically have to just sit there and watch him be
attacked. He wished he'd met Leslie later in life so that he had got to sew his oaths.
>> Jurors weren't sure what to make of that. >> She was very, very Catholic and probably
would not grant a divorce or not even agree to it. So, there could have been some type of motive in that.
>> I wasn't presented a motive other than, oh, he was tired of being married when
he had neighbors saying they'd see him walk hand in hand. No motive was huge for me.
>> Dr. Dr. Jeff Kina. >> In their case, the defense brings in Dr. Jeff Kina, a veteran emergency room
physician. >> His task to explain why after a 20ft fall, Leslie's body had no major
injuries. Kina testified that he treated even more serious accident victims, >> but they got propelled out of the car
window uh and uh yet may not have any significant injury based on how they landed or whatnot. Uh that's very rare.
I've seen it. >> So swear. >> The defense also calls Wernner Spitz, a nationally known coroner who has studied
Leslie's autopsy report. What's your opinion as to the manner of death for Dr. Mohler?
>> Accident? Yes, I believe it was an accident. Homicide? I do not believe it was a
homic. >> Janine, what do you think of Fred's story? >> As soon as the trial ended, I was
pretty firmly convinced that he had some involvement in her death. As the case goes to the jury, the
Mullers are struggling to grasp that it's all come to this. After one tragedy with their mother, they [music] could
face a second one with their father. >> 5 years ago, it was a tragedy. Leslie passed away. The tragedy now, the
tragedy today is ruthlessly coming after an innocent man. And what that's doing not only to him, but to the rest of the
family. This has become a second tragedy. [music] [music] As the jury deliberates, the Muller
family retreats into the snowy countryside to the house where they have lived for the past 5 weeks.
We drove out to see them in the midst of a storm. >> It's been very hard to wait. The minutes
go by very slow. >> Is this like a gilded cave in some ways? This is not where you want to be is in
this house, no matter how nice it is, no matter how beautiful the setting. >> Yes, we're all anxious to have a
decision made. and to be able to go home with Fred. >> As the first day turns into the second
and then a third with no word, tensions are high. >> It's hard not to start thinking about
the worst. >> It was more difficult than I had ever anticipated it would be. >> The jurors were struggling, too. I
wavered back and forth knowing that there was somebody's life in the balance, but yet there was a victim and
and wanting to make sure that if we felt the evidence supported it, making sure that she got
justice. >> Obviously, there was a debate going on with this jury cuz we're into day four
and there's must be factions on either side and one faction must be trying to convince the other. Are you thinking the
same thing? Um, it's it's not very productive to speculate. Um, it kind of just drives you crazy, but it seems like
that. >> I think that we [music] have some very strong people that see that Fred is
innocent. I don't think they're going to let an innocent man go to jail for something that he didn't do. [music]
>> Hello. Suddenly, Judge Steven Patrick calls everyone back to court. >> I have another note from the jury.
>> You could feel the tension. >> They use both the words impass and adamant. [music]
>> The jury has hit a wall in its deliberations. >> There was a great deal of arguing and
frustration >> and there were a couple of times when tempers did flare. >> Please rise for the jury.
>> The judge calls them into the courtroom. You may be seated. urging they give it
one more try. >> Ladies and gentlemen, I understand what you are saying. I'm going to give you
one more instruction. Reflect on that and then let us know whether you want to further deliberate or not.
>> It's a weighty decision. >> We were all over the place. >> It went from being a stressful situation
to an extremely stressful situation. And just a few minutes later, we are deadlocked. I will formally declare a
mistrial. >> It's over. A hung jury. >> I was a guilty vote up until about the last hour. And I changed my vote
basically in the last 15 minutes. >> I want to thank you for your very hard work.
>> What hung up the jury? The lack of a clear explanation of how Fred might have
killed Lesie. I would rather let a guilty man go free than sentence an innocent man. Prosecution did nothing
but poke holes in his story. They didn't give us an alternate story. That's where
I came up with my not-uilty vote. >> I was pretty firmly convinced that he had some
involvement in her death, but I didn't feel I had the evidence in the trial to vote guilty. the bail of
>> in the end the vote was 11 to1 for a quiddle. >> Drew Zimmerman was the lone hold out for
guilty. >> I think it was a lie. I think it was all a big lie because none of the evidence
supported his statement that and that's why I voted the way I did. >> An outsider looking at this would go,
"Wait a second, Drew. 11 people were wrong and you were right." >> I guess I'm not easily swayed. My mind
was made up, you know, in my my heart, my mind, and my soul. I felt that that he was guilty.
>> Bond will be set at $150,000 cash assurity. >> For the Müller family, it's not a
victory, [music] but it is a big sigh of relief. >> I wish that they could have come to a
unanimous decision. It would have been more satisfying. I haven't been able to um talk to him in person. I've gotten to
talk to him through a glass this last three days and that was the closest I've been to him being able to talk to him
but while being recorded and knowing that I'm always watched. So, it'll be overwhelming. It's overwhelming to think
about it. Um I I can't wait to be able to finally give him a hug after over a year.
I have uh Fred's wedding that that I've been wearing around my neck and I'm waiting for him to come out
so we can put it back on his finger. >> Soon Fred Mueller will be set free for the first time in a year.
[laughter] >> I love you guys. >> A joyous reunion for the Mullers, but the case is not closed. I asked Muller's
lawyer, Mike Degarren, about the possibility of another trial. >> Should there be a second trial?
>> Thank you. >> I'm going to give the prosecutor room to decide that on his own.
>> Once we catch the body, >> Fred returns to San Angelo finally. >> It's very difficult. Never been in
captivity before, but we'll survive. It's going to make us stronger. I think it already has.
>> The Mullers will need every bit of that strength. 10 days after the first trial ended,
prosecutors decide they will retry Fred Mueller. And 8 months after the first [music]
trial in a new venue, the Denver suburb of Broomfield, the prosecution to call our first witness. [music]
The second trial of Fred Mueller begins. >> [laughter] >> Eight months after a jury could not
reach a verdict, Fred Mueller is back in court once again. [music] Accused of drowning his wife Lesie 5 and
1/2 years ago. >> The man in court, the defendant, put her head under the water under a log and
left her there to die. The prosecution will not bring to you any evidence of why he would do such a
thing or how such a thing would be accomplished. >> Fred's new attorney, >> the evidence in this case,
>> Pamela Mackey, is best known for successfully defending NBA star Kobe Bryant in his 2003 sexual assault trial.
>> The whole truth and nothing but the truth. >> Yes, sir. But the prosecution comes out
swinging with witness Justin Sparks. After Fred had unsuccessfully tried to find Lesie in the creek, he ran to
Spark's house for help. Sparks discovered Leslie's lifeless body under this log.
>> He would act kind of frantic one second and then the next second he would he was
talking to me very nonchalant and normal. It almost felt like he was acting more than being um sincere. I
just started getting a a kind of a bad feeling about the whole situation. >> Mr. Burton, I'm handing you what's been
marked. >> But then for the defense, Mackey cross-examines other prosecution witnesses vigorously.
>> Did you take a GPS measurement of where it was? >> No. >> Including former under sheriff Bob
Burton. Mackey attacks Burden's investigation, portraying it as a shoddy, mistakefilled mess.
>> Mr. Burden, would you please answer my question? Did anyone take a yard stick
and place it in the river to measure the level? >> If you're asking me, then I can say no.
As to what other people did that I did or did not observe, I cannot testify to that. In an attempt to suggest a motive
that Fred had a wandering eye, the prosecution calls up Jeannie Barnes, Fred's former assistant. She testifies
that Fred was coming on to her. >> Do you remember these texts from the defendant and phone calls from the
defendant caused a strain in your marriage? >> Yes. >> But under pointed cross-examination,
Barnes takes on a very reluctant tone. Did you ever have an affair with [clears throat] Fred Mueller?
>> No, I did not. >> Did he ever ask you for any sexual favors? >> No, he did not.
>> Did he ever approach you in a sexual way at any time? >> No, he did not. >> Fair to say, Miss Barnes, the
investigators that you've talked to have tried to make you into the other woman in Fred's life.
>> I feel that. >> But you weren't the other woman in his life, were you? >> No. Water weighs the same whether it's
in your body or out of the body. So, >> and as she did in the first trial, water
rescue expert Andrea Zaparious testifies that Lesie Müller's drowning was no accident.
>> Dr. Muller could not have gotten from the alleged fall site to the log site. >> So, Mackey aggressively rebukes her.
>> I can't imagine how she got in the water in the first place from that that cliff.
>> Oh, there you go again. volunteering information to help the prosecution. Mr.
Ferris, excuse me. >> Excuse me. Please answer my question. >> So, I do not know where he
>> Mr. Durkin will be happy to get up here and let you talk all you want, but for
right now, the rules are I ask the questions, you give me the answers. >> Okay? >> You know that what the defendant said
happened on May 3rd is unreliable. After a 7-day trial, testimony from more than 30 witnesses, closing arguments
begin. >> You know, what he said is impossible. >> Prosecutor Matt Durkens says the proof
of Fred's lies can be found on Lesie Müller's body. and he can't sell to you that she went through a gauntlet of 130
ft of cottonwood creek and was found in what has been described as a pristine condition.
>> And as for those scratches on Fred's face, >> the defendant can't tell you what
happened to his face. He gives you three different explanations. He says he wrestled with a
bush. He then says that it was perhaps when he was climbing out of the creek and then guesses in March of 2009.
Well, maybe, just maybe, I self mutilated myself again. Impossible, right? >> And finally, Durkin argues Fred's
behavior that day points to guilt. >> As everyone ran to save Dr. Muller's life. As everyone ran to save a woman
they had never even met or known, the defendant was running away because he knew she was dead. The defendant
didn't run away from an accident. The defendant ran away from a murder. We ask you to find the defendant guilty.
>> Then it's Pamela Mackey's turn. What the prosecution has done is to take the statement of a man who has just
experienced the most horrific event of his life, seeing his wife fall and being swept
downstream. And for the next five years, they have put that statement under a microscope and picked it apart.
Mackey suggests it's the prosecution story that shouldn't be believed. >> What evidence, hard physical evidence,
do they bring to you of how Fred Mueller supposedly caused the death of his wife?
What evidence have they brought to you that he drowned her? Not theory, not speculation, but hard evidence.
Certainly no evidence that he went from this to a homicidal maniac. What's the story?
They they haven't told you one. >> And if Leslie had fought for her life, wouldn't her body have shown evidence of
a struggle? >> There are no injuries consistent with a murder caused by drowning. There's no
injuries to her neck, her shoulders, her back indicating that she was held down.
Now, what the prosecution relies on is a is a dissection of Mr. Mueller's description of the events. Is that fair?
Is that the quantum of proof upon which to convict a man of murder? >> Mackey says there is a reason why some
of Fred's story is confusing. >> That the human brain, the human memory doesn't work like a video camera,
particularly in situations that are traumatic and stressful. And so I ask you at long last, after five long
years, to lift the pain and anguish from Fred Mueller, from his family. I ask you to return the only just
verdict in this case, a verdict of not guilty. After the jury deliberates 12 hours over
two days, the judge comes back with a stunning announcement. >> Ladies and gentlemen, you have sent me a
u uh what I will will consider to be a final note indicating that you are um essentially hopelessly deadlocked and do
not believe that you can reach a verdict. Mr. Fourperson, is that correct? >> That is correct.
>> Okay, >> Fred can't believe what he just heard. instruction. >> Okay, I'll declare the jury deadlocked.
We'll declare a mistrial in the case. >> It's happened again. >> A hung jury. >> He tries to control his emotions,
>> but is overwhelmed. >> No, we'll do that. We're going to set a date fairly quickly.
>> Okay. >> The news seems to knock the wind out of Wendy. >> Um, when do you want to get
>> the jury split? Eight guilty, four not guilty. But Fred Muller's recurring nightmare
wasn't over. Now he could face a third trial for the murder of his wife, Lesie. Just 2 months later, a stunning
announcement from the prosecution. With no new evidence to present, they felt that a unanimous verdict [music] was
unlikely. So there would be no third trial. No chance for a conviction, but no chance for vindication either. The
Mullers told us they were sorely disappointed Fred didn't get the full acquitt deserves,
but they're grateful the case has been dismissed so they can resume their lives.
>> [music] [music] [music] [music] [music] >> What's address the emergency? >> Hello, my name is Harold Horn. I'm in
the Rocky Mountain National Park. >> My wife has fallen from a rock on the north summit of Deer Mountain.
And I have [music] a series of texts from my brother-in-law Harold Henthornne regarding my sister Tony Henthornne.
This says Barry urgent [music] Tony is injured fall from rock. She has been in a
critical accident falls off of a ledge 140 ft and she does die there on the mountain
[music] that night. being the big brother and supposed to take care of your sister, you can't do
it. It's a bad feeling. >> I need to be there for my sister and I couldn't. >> Tony Hanthorne died in Rocky Mountain
National Park in 2012 in a fall. [music] >> It's not that unusual at all that people
die in falls in the Rocky Mountains. [music] I'm now at 9,354T and counting. Take a look at this. Talk
about rugged terrain. This is crazy. [music] >> Since we first brought you this story,
new evidence, some right here on the mountain. [music] And that's just the beginning.
>> What's unusual is that in this case, it happened with a guy whose first wife died in such a freak accident 17 years
earlier. >> Her name is Lynn Hanthorne. >> A closeup. I thought Harold was a great
guy, very charming. I thought, "This is good. My sister needs a good man like this."
Lynn and Harold, they had been on a drive late at night. They had stopped to fix [music] a soft tire, not even a flat
tire. >> And what were you told? How had your sister died? >> That she'd been crushed under a car
changing a tire. We all were shocked at the bizarness, but the police ruled it an accident.
>> There are so many similarities in these two deaths. Both occurred in very remote locations
in Colorado. In both cases, Harold Henthornne is the only witness. >> [music] >> This is either the unluckiest guy in the
world whose two wives have died under freakish unusual circumstances or it could be murder.
[music] Rocky Mountain National Park is a place known for its soaring beauty, majestic wildlife,
and inspiring serenity. But in September of 2012, it was a sight [music] of heartbreak.
We've hiked up to the 10,000 ft level in the Rocky Mountain National Park to a place where either a tragic accident
occurred or did Harold Henthorne [music] push his wife to her death. The story of how love might have gone
murderously wrong [music] begins with a joyful time. >> I was extraordinarily happy for my
sister. It appeared that she found her true love. And if she was happy, I was happy.
>> Tony, a sophisticated southern bell, met Harold in 1999. Tony's brother, Barry, was pleased his
37year-old sister [laughter] had found the kind of man she was looking for. >> She experimented with Christian
matchmakers and she met this guy named Harold Henthornne. Her comments were that he was very kind. He was very
romantic. He was very smart. >> Both had lost their first spouse under dramatically different circumstances.
Tony's [music] marriage had ended in divorce while Harold's first wife died in a tragic
incident. What did you know about Harold's first wife, Lynn? >> When we had asked Harold about that, the
only response that we had was that she died in a car accident. >> Barry's wife Paula, not wanting to upset
Harold, didn't want to pry. >> I thought it was just a bad car wreck and she died. Well, so we, you know,
didn't want to ask him to elaborate. We just took it for face value. >> He seemed like a good match for Tony.
Tony's parents, Bob and Ivonne, had a good feeling when they first met Harold. >> He said, "I was just smitten by Tony."
>> It was easy to be taken with Tony. She was attractive [music] and successful. A prominent eye doctor
and surgeon in Jackson, Mississippi. >> That looks very pretty on you. >> Nice job.
>> Oh, thank you. >> Mostly though, Tony was known for her caring nature. She loved people and if she could make
somebody feel better, she would. And this started early in her life. The middle child with two brothers, Tony
[music] was a standout in school. >> Did you compete academically? >> Oh, yeah. And she smoked me. [laughter]
>> She did. >> She's probably the smartest lady I've ever met. >> No small praise coming from Barry
himself, a prominent cardiologist. And Harold seemed accomplished as well. >> Really nice,
>> describing himself as a fundraising consultant with his own company. >> I work with nonprofits, whether it be
churches, schools, or hospitals. >> I thought that was a interesting but an odd business in at that time, too.
>> A year after [music] meeting, the couple got married in Mississippi. They soon moved to the Denver, Colorado
area where Harold previously lived and said he had business contacts. Tony joined a local opthalmology practice,
but Tony's strong family ties. >> There's Tony and Harold >> would often bring the loving couple.
>> It's always good to come back home. >> Back to Mississippi for holidays. >> It's an exciting year. We love you all
and we want you to come out and visit us in Denver. One thing was missing from their life, a
child. And in 2005, Tony and Harold celebrated the birth of their daughter, Haley.
>> I have daddy and mommy trained very well. He had his daughter. He had his wife. He had his nice life.
>> Daniel Jarvis was a longtime family friend of Heralds. >> He seemed like a good husband. It seemed
like he provided. He's a very good father. When Daniel decided to move to Colorado, Harold and Tony let him stay
with them for several months. And what was it like inside the Henthornne household?
>> Tony went to work in the, you know, most mornings. Harold, he worked down in his
basement. He would say that he was meeting with a client going to lunch or he was traveling.
Christmas newsletters painted a picture of a happy family with successful careers for both Tony and [music]
Harold. But in 2006, their lives took a terrifying turn. While Barry was demonstrating his new CAT scan machine,
he discovered that Harold's arteries were dangerously clogged. >> Harold was in the throws of the
beginnings of a heart attack. >> Harold was rushed into surgery. >> Do you believe that you saved Harold's
life? >> I know that I did, and Harold would confirm that. >> Tony had her own brush with death in
2011. She was injured in an unusual accident [music] at their mountain cabin when a heavy wooden beam fell on her.
>> She said, "I saw something on the floor and if I had not picked it up, it would
have killed me instantly, but it hit the back of my neck and fractured a vertea."
>> And with that, she did lose some sensation in her hands. When I would call Harold, it was like, "Oh, it's no
big deal." I didn't learn about this until much later. And I said, "Why didn't somebody call me?" And she said,
"Harold didn't call you." And I said, "No." >> By this time, Tony's family says Harold
had become a demanding [music] and controlling husband. Even talking with Tony on the phone seemed impossible.
>> Harold would always answer. See, he had the house phone hooked to his cell phone. The only one-on-one conversation
I ever had was with Harold. If I tried to talk to Tony or a Haley, it was always on speaker phone. Why do you
think he did this? >> I think that he likes to control everything. >> That was also the impression of workers
in Tony's eye practice. Christy Drews noticed Harold wanted to be involved in everything.
>> When our doctors would have meetings, Harold had to be part of it. He had to know everything she was doing.
>> While the staff adored Tony, office manager Tammy Abuscato says their feelings for Harold were quite
different. >> He made us uncomfortable. He was kind of um kind of there was something creepy
about him. She was not able to schedule anything outside of her normal schedule without first consulting with Harold.
So, it was a pleasant surprise when in September of 2012, Harold asked Tammy to help plan [music] a 12th wedding
anniversary surprise trip to Rocky Mountain National Park. She gladly obliged, secretly clearing Tony's
schedule so she could leave early. >> The guy was creepy to me, but she was married to him and if he was going to do
something nice was kind of exciting. You know, maybe for just a moment I thought,
"Huh, that's kind of cool. Maybe he's not so bad." >> The entire office got involved. Christy
took out her cell phone to record the surprise. >> Hi. >> It's the last image. It's the last time
anybody who was close to her saw her alive. On September 29th, 2012, on a beautiful
day like this, Harold and Tony set out on this trail in the Rocky Mountain National Park on their anniversary hike.
About 2 miles up, Harold led them off trail into rough terrain. She had bad [music] knees, so she was
not a well person to go hiking, particularly in a rugged terrain. These photos were taken on that
anniversary hike. A hike that went terribly wrong, as Barry learned through those text messages from Harold.
>> It says Barry, urgent. Tony is injured. critical requested flight for life and
then he texts me back saying that she's gone. >> Tony had fallen nearly 140 ft to her
death. Barry had to break the news to his parents that his 50year-old sister [music] had died.
>> And Barry said, "She's gone. It's the worst two words I've ever heard in my life."
It was like, "No, this didn't happen." >> And for [music] Tony's family, what happened here wasn't adding up. From
Tony with her bad knees [music] taking a strenuous hike to Harold texting Barry during the accident to the multiple
explanations Harold gave about how Tony died. The story is is that he notices that she
was lagging behind and he can't find her. So he starts looking over edges and and then he sees that she's down at the
bottom. >> Then says Barry, that story quickly changed. >> And he tells me then that he got a text
message. And so he has his head down looking at that phone text and he sees there's like a little flash
and then Tony's not there. And does that story change? >> That story changes by the next day. Tony
now is taking a picture of Harold and Tony has presumably while setting up a shot of him fallen backwards
off of a cliff. And so here are three stories in basically less than 48 hours. >> And what are you thinking?
>> Warning buzzers are gone off. What about the notion that maybe he was suffering post-traumatic stress and
those crazy versions of stories was all a result of shock? >> I think that you got to take all of that
in context. If he does have this irrational emotional behavior, how does he have it together so well to plan her
funeral? Not even 48 hours after his wife has died, he's got a video made. He's got
the songs picked out. He's already contacted the people that are going to sing the songs. It's too well planned.
>> 5 days after [music] Tony's death, hundreds gathered at a memorial service. >> Our purpose today is to honor and to
remember Tony Henthornne. By then, Harold had already cremated Tony, a decision which added to the list of red
flags for the Bertolays. >> We did not want Tony cremated. And um Harold insisted we wanted to
bring her home and burial. >> I think he was trying to hide evidence. I think that Harold Henthorne pushed my
sister off the mountain. Here you are grieving her death, which you now believe may have been a murder. And
if that's the case, the murderer is sitting right next to you, right? >> Yes. Correct.
>> Law enforcement, as it does with all deadly falls, was immediately investigating and discovered something
that raised suspicions. They found this map inside Harold's Jeep with a handdrawn X on the spot where Tony fell.
>> After the service, he came up to me and his first thing was, "They found a map.
They found a map." >> He didn't come up and give you a hug and say, "What a tragedy. I'm so glad you're
here." The first words out of his mouth is, "They found a map." >> Yeah. >> Did you have any idea what he was
talking about? >> No clue. No idea. But a few weeks later, Harold brought it up again, explaining
to Daniel the map was meant for him to highlight a nice trail. Harold also told Daniel he could never hurt Tony.
>> He's saying, "You lived with us. You know that there was nothing wrong in our
marriage. You know that I could never do this." >> And what did you say? >> I said, "Yes, I agree. I don't believe
you could ever do this." The Harold that you knew, was he capable of murder? >> Not the Harold I knew.
>> I knew he did it. >> Co-workers and close friends kind of privately were talking and saying, you
know, I I really feel bad to say this, but I think that Harold did this. >> In [music] fact, many tips were coming
into law enforcement. 16 calls and letters, all requesting Tony's death be further investigated, with fingers
pointing at Harold. And then there was a tip received by Brian Moss, Denver's CBS4 investigative
reporter and 48 Hours consultant. It changed everything. >> And it just said his first wife died in
a freak accident as well. So it was right up about up here. Brian began investigating both deaths and was
shocked by what he found. >> In both cases, the accidents are freakish or bizarre, extremely unusual.
He tells lots of different stories. Both wives had a lot of insurance money on them. He was the one who was going to
benefit from that. [music] Tony, you say something? >> Tony Hanthorne had a lot of friends. She
had a lot of people who loved her and right from the start wanted to see justice.
They didn't feel good about what happened. With questions being raised about how
Tony Hanthorne fell to her death in Rocky Mountain National Park, investigators seen here were retracing
her last steps. Now focusing on the only witness, her husband Harold. Remember, his first wife, Lynn, had also died in
unusual circumstances in 1995, crushed under their jeep. >> She was a great woman.
She was awesome in heart and soul. >> While we have a chance to close, >> it's so hard to convey the beauty of
anyone's spirit, but Lynn was >> truly >> she was the real thing. >> Lynn's siblings, Kevin, Lisson, and Eric
were delighted when their loving sister, a social worker, found Harold to share her life with.
>> He was charming. He was a a fun guy to be around. She adored him. >> Grace Relle, Lynn's sister-in-law,
remembers how happy Lynn seemed [music] during her 12-year marriage to Harold. >> She looked at him with very loving,
adoring eyes. >> It was a feeling Grace could understand. >> He began to be like this wonderful big
brother to me. >> Would you say a loving personality? >> Oh, incredibly. There were a lot of
times as my family began to grow of watching Harold relate to my girls and how engaging he was with them. He and
Lynn never forgot a birthday Christmas. You just you couldn't ask for, you know,
more loving family. But on May 6th, 1995, tragedy struck. >> We got a call from a paramedic
letting us know that there had been an accident. and and she was gone and it just it was
horrible pain. It was horrible. We all came as quick as we could to be there and to comfort Harold.
>> And what did you know about the circumstances of Lynn's death? What were you told?
It was just a freak accident. >> Harold told law enforcement he and Lynn had gone out for dinner and a drive in
this remote area called Sadelia. While driving, Harold thought he was getting a flat tire.
He pulled off the highway here onto the shoulder you see right behind me in the dark to change the tire. Linny said was
helping out, holding the tires lug nuts as he removed them. Harold says she dropped one and it went under the
vehicle. And at the same time that Lynn went under to retrieve it, Harold says he threw the flat tire in the back,
knocking the Jeep off of its jack and onto Lynn. The Lynn that you knew so well, was she the kind of woman who
would crawl under a car? Was that her nature? >> No. No, it wasn't at all. That's why it
it did seem odd. >> Lynn's siblings also thought the accident bizarre, but they too couldn't
imagine Harold was involved. >> This was a man that we [snorts] vacationed with and spent hundreds of
hours with and um we just didn't allow ourselves to go there. There she is. >> The Douglas County Sheriff's Department
responded to the accident and started investigating. And just like in Tony Hanthorne's case
17 years later, Harold told a number of conflicting stories. Reports say Harold told one deputy they were driving back
from dinner, told another they were going to dinner. According to one report, Harold said Lynn called out his
name after the jeep fell on her. But he told another investigator that Lynn said, "I think something's on me."
Harold told one deputy he pulled Lynn out from underneath that Jeep. He later said that people who stopped to help
pulled her out. The sheriff's office investigated Lynn's death for 6 days, then [music] closed
the case, calling it an accident, as did the coroner at the time. In the following
years, investigators say Harold continued telling various versions of what happened the day Lynn died. One
bewildering contradiction after another. the CPR people or the people do the EMTs didn't know what they
were doing and they actually crushed her. That um she was killed in an automobile
accident. A head >> a head-on automobile accident. >> Not under the car. >> No. >> No.
>> There were lots of conflicts. >> Laura Thomas became the Douglas County Coroner in 2011, 16 years after Lynn's
death. A Colorado State Trooper for decades, she hadn't known about Lynn's accident
until she heard about Tony's tragic fall and learned both women had been married
to the same man. And you hear this story. What are you thinking? >> Well, I'm thinking that I need to go
into investigator mode. There were lots of things in this story that don't make any sense to me at all. If Lynn
Henthornne's accident had been properly investigated, could Tony Henthornne be alive today?
>> You know, Peter, you ask a question that I have asked myself for over two years.
[screaming] >> [music] >> So, if I let the air out. What really happened in 1995, the night
Lynn Henthornne, Harold's first wife, was crushed under their jeep. We asked Arnold Wheat, a nationally
recognized accident reconstruction specialist, to review Lynn's case. >> That's right. Uh 15 to 16 pounds right
there. [music] >> Using a similar make and model as the Henthornne's Jeep Cherokee, wheat, a 48
hours consultant, deflated the tire to the pressure that Harold claimed forced him to pull over on that remote,
darkened highway. >> This doesn't look flat. >> No. Is this undrivable in your opinion?
>> No. In most people's mind, a flat tire is flat with the rim on the ground. >> I've driven on a rim. This isn't
anywhere close to being on the rim. >> No, it's not. [music] >> Then there's an unusual kind of jack
that Weep thinks was similar to this that Harold in one report told investigators he used to change the
tire. Is this a bit precarious to be putting up a 4,000lb Jeep Cherokee? >> Absolutely.
>> Harold told investigators he had to use an unconventional jack because the one
that came with the Jeep didn't work. A claim wheat finds suspicious. How often have you heard a jack like this failing?
Never. Never. Never. What's worse, says coroner Laura Thomas, is it seems investigators just took
Harold's word that the jack was defective. >> There's no indication that the sheriff's
department tested that jack. >> They never tested it. >> Not in the information that I've read.
[music] >> Another issue, one of the tires lug nuts. >> This is a lug nut. It has flat surfaces.
Harold says Lynn dropped a lug nut that somehow rolled all the way under the Jeep, causing Lynn to go retrieve it.
>> They're on a gravel surface. Lug nuts don't move very far when you drop them on a gravel surface. How that lug nut
got underneath there just doesn't make sense. >> That certainly is suspicious to me. Do
you believe as you sit across from me right now that Harold Hanthorne has gotten away with murder in Lynn's case?
>> I think there is a very good chance that he has. >> In December 2014, shortly before her
term as coroner ended, Laura's suspicions led her to make a dramatic decision. >> I don't believe that Lynn Hanthorne got
justice. She changed the manner of death in Lynn Hanthorne's case from accident to undetermined.
The Douglas County Sheriff's Department also reopened Lynn's case, but has not charged Harold Heenthorne with any
crime. >> You say something into the camera. Um, he goes, [laughter] >> Meanwhile, federal investigators looking
into the 2012 fatal fall of Harold's second wife, Tony, were zeroing in on him. They interviewed Daniel Jarvis, the
friend who briefly lived in the Henthornne house. >> She asked me what Harold had told me
about his job, and I gave her the details of he said he was a fundraising consultant for nonprofits. The
investigator listened to Daniel's story and then presented some jaw-dropping news.
>> She said, "Let me go ahead and tell you something. Harold has not worked in 20
years." And it's kind of like a bomb exploded. Federal investigators have come out and
proven he had no income at all, that he wasn't raising any money, but he was telling everybody that he was this
incredibly successful entrepreneur and businessman who is raising all this money for various organizations.
>> Harold reportedly told others that Tony knew he wasn't working. A claim Tony's
family says is untrue, as Harold controlled the finances. Law enforcement also thinks the time
when Tony was accidentally struck in the head at the family's cabin may have actually been the first time Harold
tried to kill her. Everyone wanted answers from Harold. >> Is Mr. Henthornne here? Is he here?
>> And he wasn't talking. >> Is there a time when we could get together with you? I want to give you
another opportunity to explain what's going on. I just want to give you a chance to
>> my attorney. I really don't appreciate being my property like this. >> Federal authorities do not believe that
Harold Hanthorne is any kind of a hard luck husband who's just the victim of circumstance. They think he is a killer.
A killer they believe with a motive and a bizarre business model collecting life
insurance proceeds worth millions. Nearly $645,000 on Lynn and potentially millions on
Tony. Do authorities believe that Harold had basically started up a cottage industry here, marry someone, get life
insurance, and off the wife? They've connected the dots that way. And Grace Relle, [music]
Harold's exister-in-law, thinks she could have been part of that industry. something she learned when the FBI told
her about a secret $400,000 life insurance policy Harold had taken out on her. Grace says Harold forged her
signature, making himself the sole beneficiary. >> That was his doing. I did not authorize
that policy. >> You die, he profits. >> He profits. >> What do you think he was up to?
I think it's logical to conclude that he was planning on taking my life at some point.
>> You potentially were going to be victim number three. >> He's a dangerous man. He needs to be
behind bars. >> Did you kill both of your wives? >> Finally, in November of 2014,
>> how did Tony die? Harold Hanthorne was arrested and charged by federal authorities with the firstdegree murder
of Tony. And justice for Tony could bring justice for Lynn Henthornne. >> She didn't deserve to be crushed under a
jeep out here. >> As a judge ruled, the circumstances surrounding Lynn's death can be
presented at his trial for Tony's murder. It will strengthen the case enormously for Tony to have Lynn's case
added in. >> And in September 2015, 3 years after Tony's death, [music] Harold Henthornne's trial for her murder began.
>> Going into this trial, I'm really thinking this is a tossup. You have no eyewitnesses. There's no confession. So,
you're wondering if there's one hold out juror, if one person doesn't buy circumstantial evidence, can the
government really sell this case? [music] I'm going to step off here, show you the
scene in front of the federal courthouse right now. national and local media gathering. They are waiting for the
families. There's a lot of interest in Denver and frankly around the world in [music] this trial. They're interested
in justice because the circumstances are so unusual. A husband whose two wives die in these freak accidents.
>> The federal judge in the case told prospective jurors this trial quote will be a doozy.
>> Did you kill both of your wives? The murder trial of Harold Heenthorne, where
cameras were not allowed, begins with the prosecution laying out its circumstantial case. They portray Harold
Heenthorne as an abject liar who's lied about everything in his life. They say that he stood to make about
$4.7 million in life insurance if Tony Henthorne died. So, your mom's doing okay,
>> precious Molly. [laughter] Hanthorne's defense attorney stands up and says, "My client's a very unusual,
quirky guy, and he has lied, but that doesn't necessarily make him a killer." >> I just remember the defense attorney
saying, "I don't have to prove anything." >> Juror Don Roberts. >> This is up to them to prove. The
prosecution set out to do just that using drone footage. Video and photographs [music]
documenting the couple's ascent along the mountain trail they believe became a murder scene.
>> And they were able to establish a pattern of him visiting that same area because his phone when he would text or
call was hitting the same exact tower. Juror Marcy Miller Zan says the FBI presented evidence using Henthornne's
cell phone records to show he made repeated scouting trips. >> And how many times did he visit that
area? >> Nine times. >> And what does that tell you? >> It tells me he's planning.
>> Also compelling to jurors was that 911 call. Give two more regular breaths and then pump 30 more times.
>> That's exactly what I've been doing. >> And how evidence didn't seem to support
the efforts Harold claims he made after climbing down the mountain to revive Tony, including mouthto-mouth
resuscitation. >> And her lipstick was still on, so you'd know that would be impossible.
And there was the testimony of Barry Bertolay, Tony's brother, who is a doctor, about the texts he received from
Harold. >> At one point she's slow heart rate, at another point she's fast heart rate.
Well, which is it? >> There was also this powerful piece of evidence, that map taken from Harold's
Jeep, where he had drawn an X at the very spot where Tony had fallen to her death.
Longtime friend [music] Daniel Jarvis testified how Harold told him at Tony's funeral that the map had been made for
him. >> It wasn't made for me. I believe it was made for that time. >> And he put an X on there. So
>> So what do you think this all adds up to? I think he planned to go out there and
have nobody around >> and do what? >> And push Tony off a cliff. >> It was like, okay, um, he's trying to
hide something. >> Juror Jerry Tabota >> and trying to get Mr. Jarvis to be on his side of the story.
Another point of [music] drama came when the prosecution presented evidence that
Harold may have stolen a precious item from his dead wife's body. >> After Tony Henthornne's fall, they find
her wedding ring on her finger. Her hand not severely damaged, but the diamond is
missing from the wedding ring. And it's worth about $30,000 according to Harold.
>> And that area was scoured, right? >> Scoured. Investigators combed through that area. And so it was a real mystery.
Where did the diamond go? >> But 8 months later, an investigator returning to the scene, suddenly found
the diamond suspiciously sitting on the ground in plain sight. During the investigation, Harold Henthornne got a
lot of pressure from the FBI about that diamond and it got to him. The prosecution believes Harold Henthorne
put the diamond back and there was that information allowed about the unusual way Harold's first wife, Lynn, died
crushed under that jeep. Once we learned more about Lynn's death and the circumstances of her death, then it
started coming together for me that there were very many similarities in the two cases.
>> Pattern of behavior. >> Pattern of behavior. >> There was only one person these jurors
now wanted to hear from, someone they felt had some explaining to do. >> I wanted to hear from Harold. I would
have loved to see him get on the stand and give another account to the jury of what happened that night.
>> Yeah. and it didn't happen. >> In fact, [music] Harold's defense attorney rested his case without calling
a single witness, confident jurors would see Tony's death as an accident. Tony's
brother, Barry, looked over at Harold. >> Yes. >> What did you see on his face? >> It was a defiant look and it was like,
you know, one of these come and get me and I hope we did. The jury began its deliberation.
>> We're all somewhat anxious and waiting the decision if there's a hung jury. >> Gathered together for the wait is not
just Tony's family, but Lynn's as well. >> We hope to be able to have a celebratory
dinner tonight together. So, we're just praying that the jury will come back and
uh get a quick verdict. After 10 hours of deliberation, the jury took a vote. >> Our four [music] person said, "Who's for
guilty?" And every hand in the room went up. >> Every hand. >> Every hand quickly.
>> Harold Hanthorne was [music] convicted of firstdegree murder. >> After the trial officially ended, you
know, all the years I've been doing this, I've never seen that before. What happens? I went and hugged Ivonne,
>> the mother of Tony, and just whispered in ear, "No mom should ever go through
what you've gone through." She just said, "As one mom to another, I feel your pain."
>> While the verdict means justice for the Bertolays, Barry's mind still wanders
back to that time he saved Harold from a certain heart attack. The man he now knows went on to kill his sister.
>> You know, I think as a physician, you know, you have this oath and this obligation
to do that, but I'd like to have my sister back. Barry is not alone in regrets. Lynn's
family has its [music] own. >> We grieve for the burlades. >> Because had we come forward at that time with
with more suspicions, then maybe Tony would be alive today. [music] >> One tragic connection they share is the
fact that Harold spread Tony [music] and Lynn's ashes 17 years apart at the same
spot. You know, I'm glad that we're here with you, little girl. >> Oh, no. >> Now, young Haley Henthornne is the focus
of attention. She is slowly learning details about her mother's death. >> Your mama was about my height, wasn't
she? >> Yeah, she was about 5'4. People in Mississippi don't get to see mountains
that much. >> Barry and Paula worked through the [music] courts to bring Haley as their
ward to Mississippi, the place her mother considered home. Where might she end up?
>> Hopefully right there. [clears throat] [snorts] >> Hopefully right there. >> You'd like to adopt her?
>> Absolutely. >> We're excited about you coming. There's actually >> in that she can be in a place where
she's loved by family and grow up in an environment where everybody knew her mom
as intelligent, smart, [music] is a hero. I want her to know who her mom really was.
>> Wow, that's awesome. Good job. >> [music] [music] [music] [music] [music] >> She was my best friend.
Sometimes she was my only [music] friend. I wish every single day of my life that
I could have my mom back. My mom died when I was 11. [music] Some people think it was an
accident. Some people think it was a suicide. But I know [music] it was a murder.
My stepdad [music] murdered my mom. Failen is a good person. I have never hurt anybody in my life ever
emergency. I just got a distress call from a friend of mine. He said that his wife is unconscious.
>> Doug called me very frantic. He just said that he found her in the tub and that she was not responding to him.
>> She's not responding. This wasn't working. >> I had my hand on the door handle to her
bedroom as it was happening. Your mom drowned in her own bathtub. >> I've been working on this story for a
number of years. By all accounts, Failen Grant is a wonderful woman, [music] very, very close to her family and
especially close to her church. >> This is something my mom wrote in her journal. I love my family and don't want
to [music] leave them, but it is Heavenly Father's will that I leave this mortal sphere to fulfill a mission on
the other side of the veil. She also [music] wrote, "I must have faith in Doug's vision. He dreams it every night
now that I will get to go to the [music] celestial kingdom. >> Douglas Grant used organized religion in
killing Failen Grant. The motive in this case is a married man wanting to be with
a younger woman. >> I'm the lucky one. Think what you want to think. That's fine.
>> Have there been other women in his life? Yes. But he's not a murderer. I know that my brother Doug is innocent.
I mean, if you saw the volumes of letters that she wrote, her journals, it's bizarre.
>> Here is a woman who has talked to God. God has told her that she's going to die.
>> She did not want to die, but it was Mr. Grant's vision [music] that she would
accepted the death sentence that was meed out by her husband. >> I didn't kill my wife.
than never in a million years. [music] >> This one is a classic. It's got this epic sweep of sex, drugs, and religion,
homicide, suicide, or accident. Was there even a murder here? Deadly prophecy. Things I want to have in a spouse.
Loves the beauty of the earth. Sunrise. Sunset. >> [music] >> I will be with you always.
Failing. It sounds very poetic. Watching sunsets. It just made all the difference in the
world. >> But 8 years after Failen Grant's death, >> rejection relevance. >> Her husband Doug Grant is fighting for
his future. >> Sir, is that a yes or a no? >> On trial for her murder. You had visions
in church, right? >> No. >> So, she's a liar. >> Isn't it true that you were there to
snoop? >> No. Absolutely not. >> You knew he was another woman's husband. >> Yes, I did.
>> She wanted these letters to be rid of, right? >> Objection. Ask and answered.
>> Sorry, I'm confused. >> Sorry. Confused. And he swears not guilty. >> I was just yelling Failen. Failen.
>> Objection. Relevance. This has nothing to do with Failen. He just wants to tell
a story. >> Indeed, he does want to tell his story. A story that begins in 1993,
the second he laid eyes on a striking 27-year-old single mother named Failen Eaves at his [music] gym near Phoenix.
>> She's a great person. Loved life. Loved her family. Doug Grant. >> Just another day at the office for Doug
Grant. Doug is uniquely qualified. >> At the time, Doug Grant was a 27-year-old divorce, [music] single dad.
>> There's a lot of confusion in the market >> and a rising star in the world of
nutrition. >> Doug, what's the difference of real food and drunk food? >> The carrot is the real food, right?
with a growing list of celebrity clients. >> Barkley the assist >> like Charles Barkley and Danny A of the
Phoenix Suns. >> Doug gives good counsel to the players. But what we're trying to do is just
focus in on their immune system. >> He remembered Failen from high school. She'd recently divorced and had two
kids, Austin and Jenna. >> My mom is the type of lady you meet and you're like, "Wow, I want to be friends
with her." I came home one day and I had a new CD and it was that song Ain't No Mountain
High. I grabbed [music] the shampoo bottle. She had like the telephone and we're
jumping up and down on the couch playing the song over and over again and just singing. [music] That's my mom.
>> Oh, there's Doug and Baileen. >> At first, Doug's sister Tammy Fuentes says it seemed a perfect match. Filen is
a lot like Doug, >> especially since they were both Mormons. >> She also loved nutrition and helping
others. >> They married just 4 months after their first date. >> She's a good person and brought out the
good in Doug. >> However, Jenna worried Doug wasn't bringing out the good in her mother.
>> He's the man of the house and she listens to what he says. >> So, there was never any question who was
ruling the roost here. >> It was always dead. >> [music] >> Doug needed to guide Failene, says
Tammy, who was becoming alarmed by her new sister-in-law's mood swings. >> She was either really up, really happy,
or she was really, really sad or depressed, but would never admit she needed help.
I would go to their house and she would be in her bedroom with the door locked and the children would just be there and
I would want to see her and they would say, "No, no, don't bother her." She says Failen spent much time alone
writing in her journal, not uncommon in the Mormon faith, or praying at [music] the temple, sometimes for hours.
I do feel it was fanatical >> to the point Tammy says that by the late 90s Failene had lost touch with reality.
>> She said, "I've been to the temple and God has told me that I need to divorce Doug."
>> Tammy remembers Failen even said God had told her why Doug had a girlfriend. Failen had no proof of an affair, but
God's word was enough. She filed for divorce. >> He was devastated. He is truly a family man.
>> She thought you were having an affair. >> Yes. >> Was that true? >> Not at the time.
>> Maybe not right then, but Doug had had affairs, including one with a Louisiana beauty
queen. And then in 2000, in the midst of his divorce, along came more temptation.
>> Vibrant, bubbly, great person for the job. >> And a great person to later feature in
his promotional materials. >> Real yogurts are a fun and healthy snack. >> A new receptionist [music] and fellow
Mormon, Hillary Dwit, age 19. Doug Grant fell hard. I became romantically involved with
Hillary right at the divorce of Failen. >> Not before. >> Oh, no. >> In fact, after his divorce from Failen,
Doug says he had [music] cleaned up his act, gone through church counseling, and
planned to marry Hillary. >> I don't know that I can express my love, my devotion. I'm in awe of him, to be
honest. In August of 2001 though, those plans hit a snag. A big snag. Balen had had revelation in the temple
from God that she needed to put her family back together. >> For the children's sake, God now was
telling Failen [music] to marry Doug all over again. Doug claims nobody was more
surprised than he was. But the divorce hadn't been his idea after all. And he [music] says he wanted to believe.
>> I knew I had to give it a shot. >> You certainly did a 180 on this, didn't you? You ended up not only marrying
again, but marrying the person that you had divorced. >> I have the chance to be able to try to
make things right and get back with her. Absolutely. To celebrate their new beginning, the
Grants vacationed here in the Tipponogus National Park in Utah. And Doug says they were hiking on September 24th,
2001. According to him, when Failene reached roughly this spot, she had some sort of vision. She saw something off in
the distance. So, what did she do? Incredibly, she climbed over this rock wall down to that tiny ledge to get a
better view. According to Doug, this picture was taken just seconds before disaster
struck. >> She looked up and she could kind of see the image of Jesus in the clouds and
said, "Come out here." So I start going over that wall to go out there and she fell.
>> It was a 60foot drop. >> Doug Grant says he was sure his wife was dead. >> I yelled. I screamed.
And she said, "Shut up." I mean, that was her exact words, "Shut up." >> So, you knew she was okay?
>> I knew she was alive. >> Doug took Failen to a nearby hospital. Very [music] banged up, but alive.
Given how far she supposedly fell, that makes no sense at all to Chief Ranger Michael Gossi. the height of that fall,
the jaggedness of the rocks below. A fall of that serious nature, a person would have some severe injuries from.
>> She definitely thought she was going to die young, but it was an accident. It
was an accident. >> But as Doug's sister Tammy was about to discover, it may have been no accident
at all. You have [music] no idea that you're going to find what you find. >> No.
[music] [bell] [music] I got a phone call from Doug from the hospital and he told me that Failen had
fallen. When she heard about Failen's close call in Utah, Tammy Fuentes immediately went
to the Grant's home to get it ready for their return. >> You have no idea that you're going to
find what you find. >> No. >> She got the shock of her life. >> She had prepared her house as if she was
not coming home. Tammy says Failen had left notes of Mormon scripture everywhere, plus bags of personal items,
clothing, pictures with instructions to give them all away. Failen's fall now made perfect sense to her.
>> She thought that she was going to die on that mountain. She tried to kill herself. I know she
did. And I knew then that I wanted to confront Failen about it. And I was going to confront her about it.
But when Failen came home two days later, it didn't seem like the time. >> Failen [music] was real sore. She had
been injured, you know, in the fall. >> She was hurt. She was hurting pretty bad.
>> Doug had asked his friend, physician's assistant Chad White, to examine Failen
at home. >> She seemed happy to me regardless of all of her injuries. >> She had no broken bones, but still she
was in pain and couldn't sleep. So, White prescribed a muscle relaxant and the sleep aid ambient, recording in his
notes that he specifically told Doug [music] not to fill the ambient prescription without calling him first.
>> I just simply didn't want her taking the two together. >> White next heard from Doug just after
7:30 the following morning. >> He was very alarmed, very panicked. He told me that she had gone in to take a
bath, that he was laying on the [music] bed and had fallen asleep. >> When he woke up, Doug said he found
Failen unconscious in the tub, her head underwater. What did you do when you found her?
>> Cut her out, put her on the bed, started CPR. >> You knew CPR? >> I know CPR.
>> I asked if he'd call 911. >> What did he say? He informed me that he had not called 911. I asked him why and
he he relayed to me that he was afraid. >> White jumped in the car and called 911
himself. >> 911 emergency. >> Yes. I just got a distress call from um a friend of mine.
>> Meanwhile, at the house, Failen's daughter, Jenna, says her stepfather [music]
was freaking out. >> I hear Doug and he's screaming. He's panting and he's having a hard time. It
looks like he's bracing himself. And then he told me to take my little brothers to the next door.
>> She ran to the home of Andrea Rogers who raced to the Grants to see if she could
help. >> Doug came flying to the door so upset. My whole body just reacted to the terror
in his eyes. Chad White showed up minutes later and took over. >> He had obviously pulled her from the tub
and she was laying there unresponsive. She did not have any vital [music] signs. With Doug looking on, White tried
CPR until the paramedics arrived. >> He was crying. He was balling. He was yelling out, "Please help her. Please
help her." >> The paramedics got her heart going again and rushed her to the hospital where
Jenna remembers a bizarre scene. As my mom is laying in a bed unconscious with tubes running through her nose in her
arms, Doug takes me out into the hallway and he tells me, "If your mom wakes up,
she might say weird things." [music] >> Jenna says Doug seemed too eager to accept the possibility that Failen might
not wake up. [music] >> Do not tell me my mom is going to die. >> But as she watched her mother's heart
rate on the monitor, she knew Failen wasn't coming back. And I kept looking at the screen and it just kept going
down and down from 100 75 50 and then I realized what was happening. She was dying.
Soon doctors said brain activity had ceased and Doug authorized taking her off life support. At 4:37 p.m. on
September 27th, 2001, [music] Failen Grant was pronounced dead. Official cause drowning. But tests showed a
whopping 50 milligrams of ambient in her system. Clearly Doug had ignored Chad White's orders.
You didn't call him when you chose to fill the prescription. >> I didn't feel I needed to call to fill
the prescription. >> Still, investigators seemed unconcerned. In this bathroom and out here in
Failen's bedroom, they shot just five photos. In coming days, they would fail to
interview key witnesses. They even lost evidence, including the pill bottles. Then again, they had ruled this death an
accident the very day Failene was found. Failen's family was upset. It took months of pressure from them before
police started taking a closer look at Doug Grant. And that's when detective Sai Ray got
the case. >> I felt there was a lot of unanswered questions. So I primarily focused on
just trying to answer some of the real basic questions. The first thing we looked at that helped us do that was the
phone records. Ray found a slew of calls from the months before Failen died between Doug's
phones [music] and Hillary Ditz. >> Prosecutor Juan Martinez says authorities became even more intrigued
at reports that Doug and Hillary had met in a park only hours after Failen's death.
>> When he saw her, he [music] grabbed her around the hip area, pulled her towards
him, and said, "I miss these." That scenario is chilling. >> Well, it is chilling and it isn't a
scenario. It's something that happened. >> Hillary admitted meeting Doug in the park, but she wasn't sure when. And she
adamantly denied any conversation about her hips. But nobody denies what happened a few weeks later.
>> We got married soon. >> You got married really soon. >> Absolutely. >> In fact, less than a month after
Failen's death, Doug and Hillary became man and wife. I know how people feel about us getting
married so quick. I don't care what people perceive about me. I am who I am and that's my life.
>> Doug and Hillary had started a new life, but Syra had no intention of moving on.
>> I had a lot of concerns about the way he reported things happening. Just some
real common sense things that I felt just didn't quite fit in. Chief among them, Ray says he just
couldn't get over that Doug never had called 911. >> I know with every fiber of my being that
I called them. >> You called? >> I called 911. >> Phoenix area records show no such call.
Still, Ry didn't have enough for an arrest until the sudden appearance of a new witness. A reluctant witness.
>> I didn't want to get involved because I knew what was going to happen once my
name hit the papers. caught on tape with a story about what Doug Grant told him really happened the day Failen died.
It's the missing piece of evidence that we're looking for. >> After Failen's death, Jenna and her
brother Austin went to live with their biological father. [snorts] While Doug >> that good
>> and his new wife Hillary [laughter] settled into life with a blended family, four children from various marriages,
including [music] a daughter of their own. >> Na, try to land your front flip. >> Nivea.
>> There you go. >> That's heaven spelled backwards. >> Oh, look at that one. Despite such
wholesome appearances, Detective Syra remained convinced Doug Grant was a killer, but
>> nothing really jumped out and said, "This is what happened. >> She's right here."
>> Failen's sisters always suspected it was Doug. >> He didn't call 911. >> He didn't call 911.
>> He married Hillary 3 weeks later. >> Three years passed. Then one day, Failen's sister, Charlene, called Rey
with explosive news. An old friend of Doug's was claiming Doug had confessed to killing Failene.
The friend's name was Jim Mier. >> He told me that she was ready to go to heaven.
He said, "I put her in the bathtub until she was underwater. But there was a problem with Jim Mier's
story. Before he'd tell it to the cops, he wanted money from Failen's family. And
how much money does he want? >> He's asking for $10,000. >> $10,000. >> He's very clear that it's a loan.
>> You buy this. >> I have a hard time buying a lot of things that Jim said, but at that point,
we were obligated to see it through to see what this information is and see if there's any validity to it.
This unit is available. >> So Sai Ray set Mier up. He told Charlene to arrange a meeting in a Walmart
parking lot. Hi Jim. >> Hi. How we doing? >> With hidden cameras rolling. You >> all right back there, Jim?
>> Yeah. I'm fine. >> When the money changed hands. >> Here you go. [screaming] >> Ray moved in and told Mier he could
charge him with extortion. Instead, he got Mier to agree to help get a confession out of Doug on tape.
>> The plan at that point is to bring Jim and have him confront Doug on this information while wearing a wire.
>> Mier did just that. Later that day, wired for sound. >> Got a minute? >> He met Doug and told him police were
asking him questions. They're threatening to arrest me because they think I have information.
>> And he needed to know exactly what happened to Failen. >> I don't know what you want me to say.
>> I believe his initial response was, "I did help her into the bathtub." >> She fell asleep in the tub. She hadn't
had so much of those painkillers and stuff. >> Doug admitted nothing directly, but when
Mier tried to leave, >> he kept saying, "Tell me what you're going to say." What are you going to
say? >> Saying how damaging it sounded. >> If they have anybody says that Doug Grant put her in the tub and put her to
sleep, then it's over. >> Trying to get me to reward it. >> If it was me, I would say, "Yeah, we
were good friends and you're there to console me and you don't remember. It's been years ago."
>> It was hardly a full confession. >> End of story. Get out of my face. >> But to Syra, it was more than enough.
So in the summer of 2005, police arrested Doug Grant for the murder of his wife Failene.
Doug immediately made bail and soon returned home. >> He is not guilty. There was no crime.
>> Doug's lawyer, Mel McDonald, says there's no evidence Doug even wanted Failen to die. Just the opposite. When
you look at Doug's [music] efforts after her fall, crying [snorts] for help, running to her rescue, taking her to a
hospital, leaving her alone with people, that is hardly the evidence of a murder.
>> Doug had been here. >> As far as detective Sai Ray is concerned, though, it was all part of an
act. >> Their version of the story is just nonsense. I think something happened to
her while they were here. I don't know what. >> So, what do you do when there's no
evidence? Let's throw in the infidelity. Let's throw in the younger woman. It's got nothing to do with the question of
homicide, but let's just throw the dirt on the wall. Maybe it will stick. >> What the defense wants to stick is
[music] that Failen Grant's death was not a murder, but rather an accident or a suicide.
If you doubt it, they say, >> "I can't tell you how devastated I [music] feel." >> Just listen to Failen's own words from
those astonishing journals. I am choosing to give up the life I have. >> Jenna still reads them today.
>> I can't tell you how devastated I feel and that I'm suicidal and that I think
of crazy things to do to myself. >> It's right there in the writings, [music] repeated references to her
upcoming death. I felt like I should just drive off a cliff and quit wasting space and air on
this planet. But daughter Jenna can't seem to reconcile the words in those letters and
journals with the mother she knew. >> She would have never committed suicide. If you only read a small portion of
something taken out of context, it's not going to be what the writer intended. My
mom didn't want to die. She was a happy lady. She was a [music] great mom, a great wife. I don't think that points to
someone that's suicidal. And if the writing suggests otherwise, [music] she says it can only be because Doug
planted the idea. >> Her husband, who obviously she trusted, who she remarried, is telling her she's
going to die. >> I never encouraged it, nor did I ever dream it, nor did ever say it.
>> Just as hard to fathom is Failen's relationship with Hillary, a rival whom you'd think she might hate. Far from it.
Remarkably, Failen's journals show that the two became fast friends. >> Failen, she filled voids in my life at a
time period where I needed it and she's part of this family. >> I'm so thankful Hillary is able to share
her feelings with me [music] and me with her. I want so much for her to know of my love and respect for her.
>> So much does she love her that Failen names Hillary the perfect new [music] wife for Doug
Grant. >> This desire for you to be married immediately and to see you sitting together as husband and wife at my
funeral has been so strong >> and even the perfect new mother for her children. >> I have asked Hillary to sit at the table
as your mother while I'm away. Treat Hillary with the utmost love and respect and you will always make me very happy.
>> I think Failen was right. These kids needed a mom. >> So, just what was Failen really saying?
What do these bewildering entries tell us about her, about how she died? >> All rise for the jury.
>> As the trial begins, how the jury answers those questions may well determine Doug [music] Grant's fate.
>> What role did you have in Failen's death? Everybody asked that. Is that a yes or a
no, sir? [music] >> All rise for the jury. >> On day one of Doug Grant's trial for
first-degree murder, >> please be seated everyone. Prosecutor Juan Martinez highlights what he says
was Doug's heartless manipulation of his wife. >> He's telling her that he's had visions
that she's going to die. >> He will try to convince the jury that Doug's obsessive communications with
Hillary. >> Then at 1213, a 16-minute call, then a 1250, a 12minute call. and his failure
to make the call that counted most. >> Doesn't call 911 >> reveal a plot to kill the woman he'd
married twice so he could marry the woman he really loved. >> He had told Hillary that they were going
to be together and that they were going to be married. >> But defense lawyer Mel McDonald argues
however Failen died, Doug didn't kill her. She writes, "I am choosing to give up the life I have [music] that is
perfectly the way I want it." She is choosing, ladies and gentlemen, to give up her life.
>> I concede under one theory that Doug did just what Juan Martinez accused him of
doing. >> After years covering the Grant case, reporter Paul Rubin says no one theory
fully explains what happened to Failen. I also can see it being a terrible, tragic accident. And I also can see
suicide. >> But if this was murder, what was the motive? Money. Well, Failen did have a
hefty new life insurance policy, but it hadn't kicked in yet. If Doug were after
the money, why wouldn't he wait? As for love, even if Doug desperately wanted to
marry Hillary, he didn't have to kill Failen to do it. They could have simply divorced. After all, they'd already done
it once. Mr. >> Martinez's statement calls first witness. >> Prosecutor Martinez ignores the motive
question for now, beginning with his star witness, Failen's daughter, Jenna, who remembers being unable to get into
the bedroom that horrible morning. >> I grabbed the door handle, jiggled it, and it was locked.
The bedroom door was locked, says prosecutor Martinez, because a killer was at work on the other side. The
locked door is a crucial point. And curiously, something Jenna never once mentioned in two interviews with police.
>> I didn't want to talk about it. I didn't want to think about it, but it's part of
the story. >> She was 11 at the time. >> She was. That doesn't mean she doesn't remember exactly what happened.
[clears throat] >> Step right up here. We'll have you. >> I was definitely still in love with
Doug. Absolutely. >> Later, Martinez [music] tries to get Hillary to admit she knows more than
she's letting on. >> You knew that if she died, there would be a chance for you and the man that you
loved, right, >> Mr. Martinez? That is >> Yes or no? >> No. >> Your case certainly wasn't hurt by being
able to paint this guy as a really sleazy womanizer. >> I didn't paint the defendant as a sleazy
womanizer. That's what the facts showed. Exhibit A, he says, are the phone records. Hundreds of calls from Doug's
phones to Hillary's. But [music] Doug's lawyer claims that many of them weren't made by Doug at all.
>> It was Failen that was making the calls. >> Remember, the defense says the two women
were friends. >> The contacts that were going on during this period of time was Failen preparing
Hillary to take her place. >> Stay closely. Doug's case gets another boost when prosecutor Juan Martinez calls the
medical examiner. >> I have no evidence to support this being a homicide. >> Just as the defense has claimed all
along, there was no crime. Also helping the defense, >> raise your right hand. >> Sai Ray, who spearheaded the case
against Doug Grant, has to admit that on many important points, there's also no evidence.
>> Where's the sheets? We do not have the sheets. But >> where were the pill containers found?
>> We don't know. >> Where's her underclo? >> I don't know, >> detective. The evidence at the scene is
gone, isn't it? >> No, not all of the evidence at the scene is gone. >> As for the ambient, when, how, and how
much Failen took, a toxicologist says the evidence is totally inconclusive. >> We just don't know. As the months drag
on and the defense picks up steam. >> Which is your home? >> It's coming. >> Prosecutor Martinez voices objections.
>> Objection nonresponsive. >> Over. >> Objection leading. Speculative. >> And over.
>> Objection leading and hearing. >> And over. >> Objection leading. >> Sustain.
>> You objected by our count more than a hundred times one day. >> Objection. Leading.
>> Sustain. Non-leading questions, please, Mr. McDonald. I assume that's part of
the tactic. >> No, it was not a tactic to throw him off his game. >> 100 times in a day,
>> 200 if necessary. >> In closing arguments, Martinez outdoes himself with another carefully
calculated move, finally spelling out exactly what the state thinks Doug Grant did to Failen. It's a stunner. What he
did is he dragged her over there and then he placed her head inside the tub and began to hold her down.
>> Failen never was actually in the bathtub. He says her injuries and water stains at the scene prove it.
>> There is no doubt that Douglas Grant killed Failen Grant. But just in case the jurors don't buy that, Martinez
reminds them they still can punish Doug without convicting him of firstdegree murder. There are lesser included
offenses, seconddegree murder and manslaughter. [music] >> Doug Grant doesn't testify and his
lawyer bids the jury a fond if unorthodox farewell. >> Thank you so much for your commitment
and your time and may God bless you with this family. May God bless you. It's not
pandering. >> I will be devastated if this is not unequal. >> And he is not the only one.
>> Every time the phone rings, you know, wondering if it's the last time you're going to see your family, you know, in
person. And uh it's real tough. >> This is our [music] life. And I believe with every fiber of my being, Doug will
continue it with us. >> This is a case [music] that took on a life of its own. It's an unlikely arrest
followed by an unlikely prosecution [music] followed by We'll see. [music] >> While the jury is out, Doug Grant
retreats to his home in Puma, Arizona. >> There's only a few things that keep you
sane. You know, out doing yard work with the family brings a little bit of normaly to life. savoring whatever time
he has left with Hillary [music] and his kids. >> Oh, look at that one. The thought of
Doug being taken away and having to go to jail for something that [music] he didn't do is crippling.
I don't wish that upon anybody. >> Faced with months of evidence, jury deliberations drag on for [music] three
agonizing weeks. >> While we're waiting, it's it's tough. You just don't know where they're going
to go with it. >> Very few people could [music] go through what he's had to go through.
>> Okay, come here. Brave. >> It's tough from 9 to 4 while the jury's deliberating. Pins and needles, you
know. >> And then finally, a verdict. >> We the jury do find the defendant Douglas D. Grant as to count one,
firstdegree murder, unable to agree on the [music] lesser included offense of secondderee murder. Unable to agree
on the lesser included offense of manslaughter, guilty. >> Guilty, but only of manslaughter. The
least serious charge Doug faced. Doug Grant was taken out of the courtroom in handcuffs.
>> It's a hollow victory for the state and for Failen's family. >> I'm glad it's over and that we can go
on. >> A crushing blow for Doug and the defense. >> Probably the most devastating [music]
result in any case I've ever tried. >> Jurors say though they thought Doug did something, they just couldn't agree that
it was murder. >> Nothing was proven, but it was just a gut feeling. So they compromised.
>> Manslaughter was a fallback. >> Despite their strong feelings about the man on trial,
>> we thought he was a pretty much a scumbag. >> How have you managed to hold it together
all this time? Hillary, >> it's easy when you know he's innocent. >> Doug's supporters aren't giving up.
Manslaughter means he could face up to 12 and a half years in prison. Or he could get no time at all, just
probation. There's a community that will suffer a great loss if he is in for very
long at all because he is a good man. [music] >> It may have been too risky to put Grant
on the stand before the verdict, but as the court considers sentencing a few days later.
>> Call that Grant. >> Doug's lawyer bets that an emotional plea from his client now just might
[music] work. >> Would you please state your name for the record? >> Doug Dewey Grant. And Doug is on the
edge. After his first weekend behind bars, he's on suicide watch. >> He looked like Jack Nicholson in The
Shining. I was yelling, "Fail! Failen!" >> He did cry. Well, it looked like he attempted to
cry. Does he turn the tears on and off? >> It appears that he does, doesn't it? >> Failen was
someone that always made me feel larger than life. Failen's family takes the stand to argue
for the longest sentence possible. >> All that I have left is memories because he took her from me.
>> The usually stoic Hillary [music] now pleads with the judge not to take Doug from her.
>> If Doug received probation, he would still be allowed to pay a debt to society and continue to provide for us
as his family. Doug and Failen's own sons, Marley, 12. >> I'm here because I know my dad has since
been sick. I want my dad back home. >> And Braven, 11. >> I [snorts] miss my mom.
>> Tell the judge that losing one parent is enough. >> But taking my dad away isn't going to
bring her back. >> The appeals seem to hit home. >> A judgment sentence of the court to
defendant be in prison for the presumptive term of 5 years. Five years with good behavior, Doug
Grant will be out in three. The prosecutor puts on a brave face. [music] >> Justice, I believe, was served. It took
a while, but we finally got there. >> Where do you go from here? What do you do?
>> On with my family. >> Hillary is loyal to the end, saying it's just what her dear friend Failen would
have wanted. >> They're always going to mourn the death of their mother. Always. This is what
she would want. I mean, that's just how I feel. >> Jenna has [music] trouble accepting the
verdict, let alone the sentence. >> A man took [music] away someone else's life and he is going to be in prison
half a decade. You're telling me that's justice? >> But she vows not to let the past destroy
her future. >> I'm going to be okay. I've been okay the past seven or eight years. And she takes
comfort [music] in Failen's journals. >> This will be such a blessing as I go into the next world.
>> In those haunting reflections, [music] not just about dying, but also about living life with zest every day, which
is how she [music] wants to remember her mother. >> Love means never having to say goodbye.
I will be with you always. I love you, [music] Failen. >> [music] [music] [music]
[music]

"48 Hours" cases involving con artists and serious crimes. Watch the YouTube super marathon, which includes "aka Rockefeller," "The Pretender," "The Impostor" and "Mr. Wonderful."

00:00 aka Rockefeller 41:09 The Pretender 01:23:39 The Impostor 02:03:33 Mr. Wonderful

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Brief Summary

Rhonda Castow's mysterious death leads to fiancé Steven Nichols' murder trial, revealing a troubled relationship and family turmoil.

Key points

Steven's Emotional Release. After 14 months in jail, Steven Nichols is finally released on bail.
Steven's Proposal to Landy. After a year of dating, Steven proposed to Landy, who became like a mother to his daughter.
Plea Deal Shocks Family. Nicholls pleads guilty to lesser charges, leaving family devastated and questioning justice.
A Tragic Turn. What began as a fun outing quickly turned into a tragic accident.
A Hung Jury. After days of deliberation, the jury is deadlocked, resulting in a mistrial.
Mistrial Announcement. The jury is deadlocked, leading to a mistrial in Fred's case.

Episode highlights

Episode quotes

She knew she wasn't living past the age of 25.

Steven's claim about Rhonda's mindset before her death.

20:45WatchMay 2, 2026

Tension

75/ 100High tension

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