Justice Prevails | "48 Hours" Full Episodes | Forensic Files

Being in the military and law enforcement, I've seen a lot of people die. I've seen a lot of really bad things.
But you never think anything's going to happen to you. Not that you're above it.
It always happens to somebody else. Nothing could have prepared me for what actually happened.
The deputy showed up at my door. >> [music] >> All he said was, "You need to call your dad."
My dad started crying and he told me that there had been a fire at my mom's house.
The only people living in the house was my mom, Becky, her boyfriend, John, and my little sister, Becky. [music]
We're still waiting for positive identification on three bodies found in a burned-out home in Pinion Pines.
We knew right away that everyone was dead. Maybe my mom fell asleep with a cigarette
or a gas leak. But what happened was much, much worse. I learned >> [music] >> that Becky was found
in a wheelbarrow. Apparently, [music] she had been placed in this and set on fire.
My baby sister was gone. This was the front of the house and the wheelbarrow was found here.
>> [music] >> We know that it was bought to this spot because there were tracks rolled out
that way. Why bring her body towards the front of the house? We think it was to pose her
and they wanted to leave some kind of symbol. Make it as personal as possible. That's hate.
She was obviously [music] the target. When I heard the wheelbarrow situation, [music] that's when I knew it
was him. Waiting for my precious boyfriend. Say hi, Robert. >> Hi, guys. Because he had threatened to
kill her. A lot of the evidence pointed toward Robert Pape and Kristin Smith. Robert Pape was Becky's ex-boyfriend.
Kristin Smith was Robert Pape's best friend. 7 years. 7 years went by before anything
happened. [music] Yesterday, police arrested 25-year-olds Kristin Smith and Becky Friedli's
[music] ex-boyfriend Robert Pape. We know Robert. And anyone who knows him knows how
ridiculous the accusations [music] are. My son, Christian, saves lives. He's saved lives in Afghanistan. [music]
He doesn't take lives. There's no way. It's all very obvious that [music] there's no way.
Robert Pape [music] and Kristin Smith are accused of three counts of murder. >> [music]
>> And if you just look at all the evidence, it just doesn't fit. It doesn't work. This is not the case that
should be brought against these two men. There is not a doubt in my mind that they have the right people.
>> [music] >> I I know that they do. >> [music] [music] >> 48 Hours: Murder in Pinyon Pines.
It was a vicious triple homicide, but there were almost no clues left behind. That's because a fire consumed the crime
scene, destroying vital evidence. With the investigation hampered from the start, it would take nearly 12 long
years to bring this case to trial and to its emotional conclusion. Troy Roberts brings us the murder in
Pinyon Pines. >> [music] >> This foundation is all that remains of the Friedli home in Pinyon Pines,
[music] California. On the evening of September 17th, 2006, Tanya Friedli's childhood home was
burned to the ground. There's not a day that goes by that I don't think about what happened.
I miss them every day. Inside the home, investigators have found the bodies of Tanya's 53-year-old
mother, Vicki Friedli, and her 55-year-old boyfriend, John Hayward. It was later determined they had both been
shot. The homicide unit is treating this as a homicide. Outside in a burning wheelbarrow were
the charred remains of Tanya's 18-year-old sister, Becky. Her body too badly burned to determine the cause of
death. The worst part is is that's my baby sister. I was supposed to be the one to
protect her and be there for her. That's my job. Tanya, then a deputy sheriff in another
town, relayed the devastating news to her sister, Drew, an Air Force medic stationed in Japan at the time. I think
it's just mortifying when you find out that somebody could be that horrible and sinister. Like something you'd see in a
a horror flick as opposed to real life. For Drew and Tanya, it's hard to reconcile that horrific murder scene to
their storybook upbringing on [music] the property. Their father, Ron Friedly, had built
their home himself in the mountains high above the desert heat of the Coachella Valley.
>> [music] >> It was just a nice place. It was country. It was definitely out of
the city and I liked it. It was a great place for the kids to grow up. Ron doted on his daughters, and so did
his wife, Vicki. My mom was just a very kind-hearted, wonderful woman. She loved
being a mom. Um, she loved gardening. She loved sewing and quilting and cooking. You
know, that was really important for her to teach us how to cook even from a very, very young age.
The youngest of the sisters was high-spirited Becky Friedly. Becky was always just an amazing
person. I mean, even when she was small, always had a smile on her face. She was
always there for you. She was smart. Becky used to actually help Tanya and Drew with their homework.
And and you know, she's 4 years younger than them. She got along with everybody.
She really did. She was just a fun, happy person. But the happy times as a family didn't
last. Ron and Vicki divorced after 13 years of marriage. She was a good person, but we we sort of grew apart.
As the years passed, Tanya and Drew also left home. Becky remained behind with her mother, who eventually found love
again with contractor John Hayward. My dad called Vicki his cupcake because she was just so sweet.
Kitty Hayward is John's daughter. They were drawn together because they both loved the outdoors and they loved living
up there together and I would be like, "Dad, why are you guys living up here? Just come down to the city. There's What
is up here?" And he would always say like, "It's free up here. No one will ever bother us and this is the safest
place that you can be." Then came that night in September. At first, no one could imagine who would
want to hurt John, Becky, and Vicki. I really had no idea. The finger was being pointed at
everyone, I think. There were all kinds of rumors. Rumors started circulating that perhaps
they had been murdered by someone with a grudge against Ron Friedli. Ron had retired the year before from the
Riverside County Sheriff's Department. Did you believe that this may have been some sort of retribution for your work
in law enforcement? No, I I really didn't. I'd never really was involved in anything where somebody
would have said, "I want to get back at this guy." I didn't have that kind of career.
>> So, you had no enemies that you know >> Not really, no. Investigators looked into that theory
and quickly ruled it out, but then rumors began swirling about Ron Friedli himself. I mean, it's just natural to
think that um possibly the the husband or family could have been involved and I and I
understood that going into it. Um >> Were you interviewed? Yes, I was. I was crying probably most
through most of it. Investigators asked Ron to take a polygraph test. That was probably the first time that I really
felt like I was kind of a a suspect. So, I got up there, I took the polygraph, and uh
the lady came out and she said, "This is one of the best tests I've ever given in
my career." She says it was it was incredible. You did fine. Phone records put Ron 11 hours away at
his property in northern California when the crime took place, and police ruled him out as a suspect.
But there was one person, a friend of Becky's, who says she knew immediately who was responsible. This was
intentional and he did it, and I've known since day one he did [music] it. >> [music]
>> In the first days after the murders, Ron Feedly was besieged with questions. None of us really knew why it occurred
or had a reason for it. The last thing I thought was that it was something to do with Becky.
But once the initial shock had subsided, Ron began looking at the crime through his investigator's eyes and came to
believe that it was Becky who had been targeted. It seemed too personal because of the fear Becky had.
She was really, really afraid of fire. When she was younger, her mom was fixing tacos and she had a pan full of hot
grease and Becky pulled it down off the stove and it burned on her chest. >> She had third-degree burns on her chest.
So someone that's with someone intimately would know that she had these scars and was scared of fire. Becky's
friend, Genie McDaniel, was suspicious about someone right away. So immediately when you heard the murders, your mind
went to Robert Pape? >> Immediately. Nothing else in my mind. There's nobody else that could have done
this. Robert Pape was Becky Feedly's ex-boyfriend. Robert got Becky a corsage. >> teenagers started dating in high school
and were together for over a year. Looks like you guys are getting married. At first, Becky and Robert seemed happy. I
think it was her first love. Dun dun da da. I just think she was madly in love with
him. Aw. But Jeanie says [music] Robert soon grew possessive of Becky. When her and I went
on vacation about 10 months before she died, he called about 20 30 times in a night. Just harassing her, wanting to
talk to her while we were hanging out with friends. 20 to 30 times? >> Mhm. In one night?
>> Mhm. With the I mean, minutes within each other. In January 2006, Becky and Robert broke
up and started seeing [music] other people, but according to Jeanie, Robert's obsessive behavior only grew
worse and took an [music] even darker turn shortly before the murders in September.
She came to my house 3 weeks before she died and said he had even threatened to kill me. Those are her exact words, he
even threatened to kill me. Why? She said because he wasn't taking the breakup well and he wanted her and
didn't want anybody else to have her. That's what she said to me. So, were you concerned for her? I was, but she gave
me the impression that it wasn't [clears throat] a big deal. And so I kind of just took her word for it and
let it go. But after the murders, Jeanie says she went straight to the Riverside County
Sheriff's Department with her suspicions. As it turns out, Robert Pape was already
on their radar. Everyone was whispering about Robert. They moved pretty quickly in in the direction of of Robert. There
was a lot of little tiny bits of information from different sources. One of those sources was Becky's close
friend, Javier Garcia Jr., who had given investigators an interesting bit of information. On the night of the
murders, he says Becky had told him she was going hiking on her property with Robert and his friend Christian Smith.
Tonya Friedli believes [music] her sister probably just wanted to smooth things over with Robert.
My sister was a fixer. She loved with all of her heart. And she gave herself to everything she
did. Garcia Jr.'s lead placed Robert [music] Pape and Christian Smith at the scene of
the crime the night of the murders. With rumors [music] pointing towards the two men, the Friedlis were sure that the
case would soon be solved. I kind of felt a sense of relief um that they would be arrested.
But as surely as the momentum had started, it seemed to stop. The Riverside County Sheriff's Department
never publicly shared any details of the investigation or named any suspects. It was frustrating, but they just kept
saying they they didn't have it. They didn't have enough to to make an arrest. Private investigator Luis Bolaños saw
his friend Ron grow increasingly despondent. About two or three years into this, I'm getting updates from Ron
and I'm finding out that nothing's happening. This case has stalled. It's gone cold. Luis and Ron had met years
earlier at the Sheriff's Office, where Ron had been one of Luis's first training officers. Now it was time for
Luis to help his old teammate. I begged Ron for years, two or three years, let me do this for you. Luis had also worked
in the Riverside County DA's Office. Although they parted on bad terms, he was certain he could get things moving
again. I knew that we can get this back on the front page where it needed to be um and get those phones ringing again. I
really wasn't ready because I really felt in my heart that I I thought the Sheriff's Department was going to solve
it. I really did. But as the sixth-year anniversary of the crime approached with no arrest in
sight, Ron finally gave Luis the green light. The media-savvy PI got to work and one of his first orders of business
was putting up this provocative billboard. We wanted to do a before and after. A beautiful picture of Becky
and then a simulated picture of Becky in the wheelbarrow on fire. It really really pulled at heartstrings and
sickened people. We believe the following to be true. Lewis also held a press conference at the murder site with
Drew and Tanya Friedley. We are in this because we believe this case can be solved. We know
somebody out there knows something. Over the next year, tips started [music] coming in. One of them from Becky's
cousin, Daniella Zermeño, who remembered [music] something that might help investigators.
I had spoken to Becky the night before the murder and she told me that her ex-boyfriend, Robert, had come into her
work at Denny's and was harassing her. He had harassed her to the point of being removed from
the restaurant. Daniella says after the altercation, they had discussed going on that hike.
And I think talk about whatever their relationship was, how it was finishing and where it was. And on the seventh
anniversary of the crime, Lewis held yet another press conference at the murder site with Daniella by his side. The
suspects then ignited the accelerant and in turn engulfed Becky in flames. Ron believes all the media pressure paid
off. A few months later, the DA's office subpoenaed Robert Pape and Christian Smith to appear before a grand jury. It
was just stirring the pot. There was something on the news every day about it and I think they just said,
"All right, let's go do something." And they did. As the grand jury drew to a close, there
was news. You're watching KESQ, the desert's news leader. Two arrests after nearly eight years in the Pinyon
[music] Pines murders. Pape and Smith were arrested for triple homicide. I was very happy. It was probably the
happiest day of my life. But as investigators were sure the killers were finally in custody, two
families say they are just as certain the men are wrongfully accused. Innocent till proven guilty is a myth. It's
guilty till proven innocent. [music] And the truth's going to come out. It will come out.
For over 7 years, the families of Becky Friedli, [music] her mother Vicky, and John Hayward have been waiting for this
moment. My heart was in my stomach seeing them in the jumpsuits and seeing them in the flesh and seeing them
handcuffed. Robert Pape [music] and Christian Smith, both 25, found themselves in a Riverside
County Courthouse charged with triple homicide. Both pled not guilty. I think they thought they were going to get away
with it. But these two men hardly fit the image of typical defendants. Neither have criminal records.
Christian Smith is married and a decorated war hero. Robert Pape is also married and an
active member of his church. I had a really hard time just keeping it together, you know. Robert's sister
Christy struggled seeing him accused of the brutal murder and burning of three people.
Somebody like him >> [clears throat] >> someone like him being put in that position
it's really hard to watch. Christy and Robert's mother Kathleen say he is innocent and not the man he has
been portrayed as in the media. They tried to make him out to be a monster, a jealous monster, and he just isn't that.
What kind of man is he? Robert is an amazing person. He's got a good heart. He's got a gentle heart. Hardworking,
patient, honest. He's always there when you need him. He sort of takes care of all of us. Takes really good care of his
wife. Robert started dating his wife Sarah after his breakup with Becky. He and his wife both have this
tremendous heart for animals. He cares about people. He cares about animals. He's just got the utmost integrity.
And Kristy and Kathleen aren't Robert's only supporters. We've had no less than 10 or 11 people at every single hearing.
And there's been 30, 33, or 34 people at one of the hearings. Just coming to support. And the courtroom can't even
fit that many of us. People called us immediately after he was arrested, and they were like, "No, this isn't right.
Uh this is not the Robert I know." Also looking on in disbelief has been Christian Smith's father, John Conrad
Smith. I know my son didn't do that. I know he's not capable of that. Smith says his son is an honorable man, and
was living his dream serving his country in the military as part of the Army's elite 75th Ranger Regiment. It was in
Afghanistan that Smith says his son became a hero. He saved another man's life who was shot actually shot through
the lung. And I have a picture of him pulling him out, and two of his battle buddies, and Christian had one hand on a
rifle and pulling his his comrade out and firing back at Afghanistan. Christian has won commendations for
valor, and has been awarded two Purple Hearts. This one is when he was wounded, and he was shot through the arm.
He got this one. This one was when he took the grenade shrapnel. He deserves better than this.
I mean, he's put his life on the line for 5 years now. He's a good guy. Christian Smith may be a war hero now,
but investigators believe back when he was 17, he committed murder with his 18-year-old best friend, Robert Pape.
Christian Smith and Robert Pape had been really, really good friends in high school, and they both kind of beat to
the same drum. Robert Pape and Christian Smith both had an extreme fascination with fire.
Becky had complained about Robert and Christian to close friend Brandon Kugler Harrison. There's one time that they
were playing with fire, him and him and Christian, and that they were they set something on fire. I think it was a
match. I'm not 100% sure though, but I remember her getting mad at him over that and not talking to him for a couple
days. Did your son have a fascination with fire? No. No, there was no fascination. They were
not troublemakers. They were good kids. But prosecutors planned on using Robert's words against him. Just a few
months before the fire here in Pinion Pines, Robert had an instant message conversation with his then girlfriend
Sarah. In that exchange, Robert seemed to offer a solution to Sarah's problems with the next boyfriend. Well, if you
know where he lives, we can professionally burn his house down. Considering how Becky, Vicky, and John
were killed, it's very concerning statement. This is 8 months 8 months prior to the homicide.
The Riverside County Sheriff's Department and DA's office wouldn't comment on the investigation, but 48
Hours obtained a copy of the grand jury transcripts. During the proceedings, [music]
both men plead the fifth, but when questioned by police years earlier, they denied they ever went near Becky's house
and said they never had any intention of hiking with her. Robert and Christian told police during
the interview that they were heading to church that night. Apparently, they made
a phone call on the way there and the church was in fact closed. When those plans fell through, the boys
they headed back to Christian's dad's home to hang out and play video games. Where was your son the night of the
murders? You know what? I wasn't in town. Well, what did he tell you when you eventually saw him?
He said, "We were here." The boys said they eventually wound up at this middle school where they shot
paintball guns. Nobody saw Christian or Robert at the school playing paintball. Nobody. Their only alibi is each other.
But it was the boys' cell phone activity that night that raised the most red flags to investigators. They put
themselves on the other side of town, and the cell phones say differently. At 7:13 p.m., Robert's cell phone pinged
near the start of Highway 74, the road leading up to the Friedli home. Minutes later, both Christian and
Robert's cell phones went silent from about 7:30 to 10:00 p.m., the time frame investigators believe the murders took
place. They came out of their way to find Becky. Hard to say if John and Vicki were
collateral damage. Tracks and footprints at the scene placed Becky's attack near the desert
behind the house. Becky was then placed in a wheelbarrow and rolled back towards the house and
set on fire. What kind of evidence was recovered from the scene that links this crime
to these two young men? Well, we know that at the point where the wheelbarrow rolled from,
where they put Becky in the wheelbarrow, that they found a business card. And on
that business card, they eventually found DNA that was consistent with DNA belonging to Christian Smith.
Inside the home, it was determined Vicki had been shot with a .40 caliber handgun
and John Haywood with a shotgun before the house was set on fire. When investigators searched the boys'
homes a year later, they found shotguns similar to the one used in the crime. No
handguns were ever recovered, but in Robert's house, there were accessories to the type of gun that may have killed
Vicky. In that search [music] warrant, they recovered ammunition to a .40 cal and they recovered a holster to a Glock
.40. That's powerful piece of evidence. You believe that police have the right man?
Oh, I'm confident they have the right two guys. Absolutely. But defense lawyers charged
investigators ignored other possible suspects and that the evidence will never hold up at trial.
You have the wrong person here. >> [music] >> For Tanya Friedli, hearing the specific
details of the murders has been difficult. To think about how they must have been
pleading for their lives, how scared all of them were is horrifying. And believing that one of their alleged
killers was someone Becky once loved has been especially painful for Ron Friedli.
She loved him a lot. And and that's probably one of the saddest parts about the whole story is
you know, she loved him to death. And he threw it all away. Threw it all away. >> [snorts]
>> For nothing. But nothing is what defense lawyers say the state's case is based on.
And I kept looking for the proverbial other shoe. I went over it. I just didn't see it.
Richard Blumenfeld represents Robert Pape and says the case against his client is built entirely on questionable
and hearsay evidence. He points to Becky's cousin, Daniella Samaniego, who said Becky had told her about a fight at
Danny's the day before the murders. Robert had gone to Becky's restaurant and there'd been a scene, an argument,
and they'd been asked to take it outside and so on and so forth. That never happened. Never happened.
>> Never happened. Nobody could substantiate that that anything like that ever happened. Blumenfeld says a
grand jury should have never heard Daniella's testimony or the evidence about the IM exchange between Robert and
Sarah, in which he seemingly suggested burning down her ex-boyfriend's house. Blumenfeld argues it was said in a
joking fashion. Uh there were probably over 100 pages of these conversations and they took
one excerpt out of context. It was clearly not seriously said. Blumenfeld also denies that Robert threatened Becky's
life and says there would be no reason for him to be jealous or want to harm Becky because he'd already moved on.
He wasn't seeing Becky anymore, seriously. She was trying to uh revive their relationship, but he'd
moved on. He was with Sarah. Whether Robert had a motive or not, Christian Smith's alleged role never
made any sense to his attorney, John Patrick Dolan. The motive, if you can believe this, is
he's Robert's friend and he went along with him. That's it. There's no connection with
Christian and Becky. There's nothing that suggests he has any animosity toward her. It's a pretty weak
argument. Dolan thinks all the evidence is weak, starting with the boys' lack of
cell phone activity around the time frame of the murders. He says it doesn't prove anything.
It is unusual for for a teenager not to use their phone for 2 and 1/2 hours. >> Well, you could say that. You could also
say that he was having a shower, having dinner, and he had a paintball gun and he went out and tested it out near
middle school and he He make any calls for 2 and 1/2 hours. It's really not that uncommon at all. But before the
boys' phones went silent, there was that cell tower ping that put Robert and presumably Christian at the start of
Highway 74 up to Pinyon Pines. Didn't the ping show that Christian and Robert were somewhere near Becky's home?
Well, that's one of those really interesting anomalies cuz a ping doesn't show at all that Christian was anywhere
near that home. Dolan says that 3 minutes before Robert's phone pinged near Highway 74,
Christian's phone pinged off a cell tower miles away. And I can tell you that prosecution
going to have a hard time getting over Mr. Smith's phone being on the other side of the Coachella Valley when they
say Mr. Pape's phone was pinged sometime near the time that they would have had to be in ascent up the
mountain. But the state's FBI experts say cell phones at higher elevations sometimes
bounce off other towers. Pinging phones or not, investigators say there is hard evidence putting Christian
at the scene. That DNA on the business card. And that puts him there and we know that
he has denied ever being there. Dolan questions whether the DNA is Christian's as the prosecution says it
unequivocally is and argues that even if it is a match, Becky could have previously picked up the card from his
client. She carries it up to her house. She drops it on the ground. That doesn't
prove he was there. It simply proves he touched a card. And they have to have something more than he touched a card to
prove he was there committing homicide. And if Dolan dismisses the DNA evidence,
he says the gun evidence is almost laughable. What the argument was by the district
attorney was he had access to the kinds of guns that were used. Does Does that make anybody guilty
because they have access to the kind of gun that was used? With no ballistics, with no measurement, with no slugs, with
no nothing. And Christian's father says the entire argument is moot anyway as far as his
son is concerned because the guns were with him in another state the weekend of the murders.
They were with me. They got put in the trunk of my car. The defense believes that other people should have been
looked at more closely like Javier Garcia Jr. That friend of Becky's who had first turned investigators towards
Robert and Christian saying they were all going hiking. So, Javier says Becky says something.
How do we find out whether or not that's just him making up something because it
points things elsewhere? Some friends say Garcia Jr. wanted to be more than friends with Becky. And Dolan
and Blumenfeld point out that while their clients' phones didn't ping up in the mountains where Becky lived, Garcia
Jr.'s did. If you follow the route that he alleged that he took, it puts him right by
Becky's residence. Why was he driving in the area near the time that this took place? And I was
told that Javier Garcia would not testify at the grand jury unless he was granted immunity.
Why does he need immunity if he doesn't have anything to do with this? Dolan also points out that Garcia Jr.'s father
is an investigator in the DA's office raising questions about a possible conflict of interest. Interesting
question about that. There was an investigation by the way and to be fair we have to say the attorney general came
down and looked at it said doesn't look like there's any conflict of interest here. And and I accept that for now but
I don't accept it forever. He was extremely forthcoming with the police and was instrumental in the
investigation. Former federal prosecutor Eduardo Roy represents Javier Garcia Jr.
He says Javier's only role is that of key witness and not as a suspect. He was asked to testify before a grand jury.
Yes, he was. Did he? He did not. Why? We were there. And then it was decided that they didn't
need him. Did you ever ask for immunity for Javier? I asked to for them to be clear before I
made him available that he was not a target or a suspect of the investigation. Why?
Because I'm a very good lawyer, that's why. Roy says the reason why Garcia Jr. was
driving in the area before the murders was because he wanted to join the group going hiking, but Becky told him not to
come. So he turned around and went home and what the police did was track where he was. Police determined Javier Garcia
Jr. was back on the desert floor at the time of the murders and ruled him out as
a suspect. [music] And Daniel Zermeno independently backs up Javier's story that Becky planned to go hiking with
Robert and her friend the night of the murders. They had a definite plan to go hiking, the three of them.
The Friedleys believe the evidence, circumstantial or not, paints a damning picture.
When you put it all together, it's them. I can only hope and pray that a jury of
their peers will hear the evidence and come back with a guilty verdict. >> [music]
>> I call it the drive of tears. Almost every Saturday for the last 6 months, John Conrad Smith makes the
hour-long drive to visit his son at the Riverside County Jail. I just think about Christian
and I cry all the way up and all the way back. Smith says Christian has missed a
deployment with his unit and is all but certain to miss out on a huge life event.
His wife Jackie is about to give birth to their first child. He's not going to be there for that birth. He's not going
to be able to see that birth and it's horrible. I mean, he's taking it and he's taking it hard. And to see him in
that orange jumpsuit, it breaks my heart. It breaks his heart. Robert Pape's mother, Kathleen, has also
been having a hard time seeing her son behind bars. The thought goes through your head like,
will I ever be able to touch him? But there is another parent out there who wakes up each morning thinking,
these men are exactly where they belong. One of the first things I do in the morning is I get a cup of coffee and I
go outside. I think about Becky and I think about those two boys in jail. After years of waiting, the Friedlys and
Haywards feel they are one step [music] closer to justice as they wait for a trial date to be set.
It's a nice [music] feeling knowing that they're going to have to answer for what
they did. If the jury finds them not guilty, so be it. If they found guilty, then they're
going to pay for the crime that they committed. But the case was about to take an
unexpected turn. Eight years after the murders, the prosecutor assigned to this case walked inside this courthouse and
asked that all charges against Robert Pape and Christian Smith be dropped. A bombshell out of an Indio courtroom
today. Charges dropped. Really emotional. Yeah, I mean, I'm just happy. I'm numb.
Yeah, I'm happy he's coming home. Matter of fact, I'm going to go get him right now.
The DA's office offered little explanation for their decision. In a prepared statement, they said legal
issues had arisen during the grand jury proceedings against Robert Pape making it appropriate to ultimately dismiss the
charges against both men. The system worked. I have faith in my son and that's that's all I can tell
you. The dismissal was so unexpected that neither man was in the courtroom that day. Christian's dad broke the news to
him from outside the jail. You've been released. You've been released. Your mom and I and
everybody there everybody's here. The baby's on her way. We're just waiting for you to get the paperwork done and
for you to walk out that door. We're all waiting outside for you, son. And just a few hours later, Christian
Smith with Robert Pape closely behind walked out together. Christian held his 2-week-old daughter,
Zoe, for the first time. I just want to be with my beautiful baby girl and my amazing wife and
loyal family and >> [snorts] >> my brothers who are over in the military and have been loyal to me throughout
this whole thing. >> [snorts] >> I just want to I just move on with my life and put this behind me.
Robert's family was waiting for him at a location nearby. What was it like hugging your son
when he walked out? Oh my gosh. That first time holding him, you know, I just I didn't want to let him go, but I had
to scoot over and let let her hug him, let his wife hug him. >> [laughter] >> But it may not be completely over for
Pape and Smith. The DA can technically refile charges against the men if new evidence emerges.
Tanya Friedland has always been convinced that they had the right man. And I have thought about if they get
away with murder to know in my heart that Christian and Robert took my family from me
and could get away with it. I hope that they have to think about this every day for the rest of their
life. [music] >> [sighs] >> In June 2016, Robert Pape and Christian Smith were re-arrested for the murders.
The state says the charges were based on a new informant who claimed Smith had made an incriminating statement, better
cell phone tracking, and more evidence that links Christian Smith to that business card found at the crime scene.
And they say in 2018 in January, "Oh, we had a fingerprint match that we couldn't
make since 2006." Sounds a little fishy. Christian Smith's lawyer, John Patrick Dolan, says investigators had tunnel
vision. I think they began with the conclusion that my client and Mr. Pape are guilty and tried to collect evidence
to support that rather than evaluating the evidence and see where it takes them.
The trial began in April 2018, almost 12 years after the crime. Dolan and Pape's
new attorney, Jeff Moore, launched a vigorous defense, raising questions about the credibility of the state's new
informant, who has had his own legal troubles, and the accuracy of the cell phone tracking and forensic evidence.
This is about as paper thin case as I've ever seen. After more than a month of trial, the
case went to the jury. They would deliberate 10 agonizing days before giving word that they had finally
reached a verdict. Robert Pape and Christian Smith were found guilty of first-degree murder in
the deaths of Vicki Friedli and John Hayward. Pape was found guilty of second-degree murder in the death of
Becky Friedli. I waited 11 years, 9 months for this day, and I'm I'm very happy. There is no
closure. Becky's gone. Vicki, John, they'll never come back. But what the victims family see as the
right verdict is [music] viewed as a terrible injustice by two other families. Robert Pape's mother was
devastated. A jury has finally decided who was responsible for the murder of three
people in Pinion Pines. But the destruction left by that terrible night remains.
My sister was a beautiful person inside [music] and out. And I want that remembered.
I want to remember her for her. >> [clears throat] >> Not for how she died. >> [music]
[music] [music] [music] >> This is Cassie [music] Harris, a mother who's lost custody of her newborn baby.
Sleeping outside so she can breastfeed her infant every few hours. I'm coming. But that's not where this remarkable
story begins. Cassie fell in love with Billy Fox, a dad great with kids. [cheering]
He's funny, nice, loving. They became a family, happy, growing. >> With Cameron, he was a perfect baby.
Then, one Friday night, everything changed. It sounded like they hit hard. Let out a gasp of air. He just ran in.
He was frightened. [music] I tried to do rescue breathing for him. >> [snorts] >> Billy and Cassie say Cameron's death was
a tragic accident. But as Susan Spencer reports, that's not how the doctors see it. Somebody in that family killed this
child. Billy is accused. I'm a baby killer. Cassie swears he's innocent, and then she's forced to give
up her other children. >> Taking a newborn baby away from its [music] mother is a pretty drastic step.
But is it all a tragic mistake? 48 Hours Investigates, prime suspect. >> [music]
>> Welcome to 48 Hours Investigates. I'm Lesley Stahl. It seems like more than any family should have to endure. The
loss of a child is always tragic, and then it's made even worse when suspicion points inside the home at a man who has
a great reputation with kids, Billy Fox. What's more, this is a family that seemed to be overcoming the odds and
getting a long overdue chance at happiness. Susan Spencer reports on the search for
justice in the death of a child. But is it really a rush to judgment? >> [screaming]
>> I've been a single dad for over 4 years. Come on, Rocky. >> [laughter] >> Get it. I don't go fishing, hunting.
That's my hobby. My kids and their friends and, you know, coaching soccer. Good shot, Vicky. 33-year-old Billy Fox,
father of two, soccer coach. 1 2 3 GO! >> [screaming] >> TO ALL APPEARANCES, an all-around
regular guy. Officer Harold, Police Department. But Billy Fox is about to turn himself in to
the police. I know. His mother and girlfriend, Cassie, look on as police book him in
the death of a baby. A charge that could put him in prison for the rest of his life. He's a soccer
coach. Raised his kids. And it's it's wrong. It's really wrong. Cross it! >> [cheering]
>> BILLY FOX MAY BE ONE OF THE LAST people in Wichita Falls, Texas, you'd ever think would hurt a child.
Rocky. Friends say that when he's not coaching soccer, Billy is a devoted single dad. He has full custody of his
kids, Skyler and James. He did everything I mean he cleaned house, he cooked. My dad was a good cook
though, like he was better at the more cookout kind of stuff. Just a regular dad. He's funny, nice, loving, big time.
What attracted me so much to Billy is what a wonderful father he was. Cassie Hearing first met Billy in the fall of
2000, a few years after his divorce, when Skyler was eight and James was 11. Our first date was Halloween and we took
the kids, the neighborhood kids, trick or treating. Cassie also was raising two kids on her own. Here's the first
picture of Payton and Cameron. That was a Payton was 2 years old >> Cameron was he weighed 7 lb 4 oz.
Perfect complexion. And Cameron, a newborn. Cassie and her husband had split up a few months before his birth.
With Cameron, I loved him like he was my own and he to me was he was a perfect baby.
Here Skyler, here's your dad. In a matter of months, they all were under one roof. Having little brothers
was fun cuz I got to like teach him to do stuff. Payton you know, like he just started
gradually calling my dad dad. It felt like life was really kind of getting better to where you know, I got got a
mom, I got you know, like a bigger family kind of thing. It just felt natural. We were on our way to being
a great happy family. But in less [music] than 6 months, events would shatter this new family.
May 11th, 2001. The kids were outside playing basketball and playing in the yard. A Friday,
around dinner time, an ordinary evening. 7-month-old Cameron was playing on the living room floor.
When Billy's son James came inside, Billy asked him to pick up Cameron and bring him to the kitchen.
I was folding clothes on the table, on our little kitchen table. And how did you trip? I tripped on my
shoelaces. Cameron's head hit the kitchen floor. Concrete covered by a layer of tile. And
Cassie was getting frantic because we we heard him hit. It sounded like they hit
hard. Fearing that Cameron was badly hurt, they rushed [music] him to the emergency
room at United Regional Health Care. When you got [music] to the hospital, what did the doctors tell you?
He treated me like I was an idiot. I mean, like there is nothing wrong with him and I knew something was wrong. And
I remember his eyes rolling the back of his head and that really scared me and he had some foam coming out of his
mouth. X-rays showed no skull fractures and doctors told Cassie her son would be
fine, but to bring him back if his condition worsened. Were you satisfied when you left the
hospital that it was going to be okay? I felt uneasy, but I believed the doctor. I felt reassured by the doctor.
But the next day, Billy and Cassie both say Cameron just wasn't himself. On Saturday we went to the water thinking
that he would want to swim and you know, would be happy in the water cuz he loved the water and it was
like he didn't even you know, I don't he didn't even want to do anything. It's like he doesn't even
know who we are, like he has amnesia. Did you think about going back to the doctor? I I just trusted what the doctor
said. I went with the understanding that he said he's going to be a little groggy.
One day later, Sunday around 5:00, Cassie and Skyler decided to go shopping. When they left, Billy and
Payton were on the couch watching cartoons. Cameron was asleep in his crib. >> Cameron woke up.
So, I went back there and got Cameron out of his crib, made Cameron a bottle and tried to feed it to him.
And then, says Billy, within seconds, >> [music] >> Cameron began to have a seizure. He took
about two sips, and his hands started twitching, and he let out a gasp of air, like he was choking, and so I just
immediately picked him up. Billy rushed the baby to a neighbor, a nurse who lived right down the street.
Why didn't you call 911? Because he wasn't breathing. And I knew that I had a a registered
nurse four houses down. He just ran in. He was frightened. He was scared to death. Tammy Edwards
was getting ready for work. I took the baby from him, and I laid him down over here on the couch,
and I tried to do rescue breathing for him. And she couldn't get his airway, couldn't get air to his
airway. Each breath that I could not get in, I just looked at him and I said, "Billy,
this is not good." When he When he went limp, >> [snorts] >> I didn't know. I just
It It's a I'll probably never have another feeling like that in my entire life. And I just looked at him and told him to
call 911. An ambulance arrived within minutes and sped Cameron to the hospital. I I was in shock. I was terrified.
And that was rough. Cassie raced to the emergency room, only to discover that Cameron was about
to be flown to Fort Worth, Texas. By the time she and Billy got there, to Cook's Children's Hospital, there was
little hope. I think that was like the last time I guess, I mean, I knew something was really
really bad. Cameron Herring, not yet 8 months old, died the next day. It's like the more
the time goes on, the more I think, I don't have my baby. I don't have my child, and he doesn't have his mommy.
But how did Cameron really die? Somebody shook this child very violently. I just don't see it that way. The
medical experts weigh in. Billy Fox is the prime suspect. >> I'm not a baby killer. Is he telling all he
knows? >> [music] [music] >> I mean, I remember sitting in the emergency room, and
everything collapsed. Cassie Herring is sure her son's death is a result of a fall Friday night when his head struck
the kitchen floor. I mean, I remember I kept telling everybody, you just don't understand.
It's from Friday night. It's from Friday night. No, it's not an accidental sort of thing. It's I'm angry. I'm shaking.
>> But neurologist Jeffrey McGlothlen and several other doctors who examined Cameron
are convinced that the baby's fatal injury had nothing to do with his fall on Friday. Having been dropped 2 days
before doesn't give you the picture that we saw that morning in the intensive care unit.
They kept telling us somebody did this. Somebody did something to him, and we kept saying, you don't understand. You
know, he hit his head Friday night. In fact, police and social workers began their investigation before Cameron even
was pronounced dead. It was like their mind had already been made up. No matter what she told the hospital doctors,
Cassie says they insisted Cameron's death was no accident. >> [music] >> Medical examiner Dr. Mark Krause agrees.
Somebody in that family killed this child. To me, the evidence is clear and convincing. After completing his autopsy
on 7-month-old Cameron, Krause thinks he can pinpoint how and when Cameron died.
>> He died from a blunt head injury that was inflicted on the early Sunday afternoon.
Whoever was around him at the moment he became unconscious is the person you should be looking at.
>> [music] >> And who was the last person with Cameron on Sunday before his fatal seizure?
Anyone that knows me knows I would never hurt a child. Billy Fox. In December of 2001, Billy Fox was
charged with injury to a child. Maximum sentence, life in prison. >> What they're going on is an autopsy
report that labels this as a homicide. All right, fine. Billy hired defense lawyer Bob Estrada. Do you want to just
come on down and we'll It's It's already been a hard, grueling road for them. And
on top of having a baby die, then the accusing finger's been pointed to them. Billy and his lawyer are up against the
medical examiner's report. A damning document. >> An injury to the part of the brain that
you described causes immediate unconsciousness, no regaining of consciousness. The person
>> Dr. Krause says Cameron's brain injury was so severe, the baby would have been
unconscious just seconds after it occurred. Instantly. Yes, ma'am. Not >> 10 minutes, not 15 minutes? No.
Therefore, says Dr. Kraus, that brain injury could not have happened on Friday. Because Cameron never would have
survived for two more days. If that part of your brain is injured, you are not walking, you're not talking.
>> I mean, you say someone did this. What do you think someone did? Most likely propelled the child into a relatively
soft surface of padded flooring, couch cushion, mattress, you know, kind of over the shoulder motion.
Uh like the guys do spiking a football or slam dunk. I didn't do it. You had nothing to do
with this child's death. I love Cameron with all my heart. Not even something that was a freak
accident, a sudden outburst of temper, whatever. >> [snorts] >> No. Absolutely nothing. It's just as you
describe. Bob Estrada believes completely in his client. >> The last guy in the world that you would
figure would do anything like this. Insisting that Billy Fox is just not capable of hurting a baby. Why do you
strongly believe these people? Well, for one thing, I mean, I've gotten to know them over a period of time. Come
on, James. Come on, Skylar. You know, I've seen how they react with their own children. See y'all tomorrow.
I see how Billy is. And Estrada has found his own experts who look at the same medical records and
believe Billy's story. The injuries that this little boy received are entirely consistent with and directly
attributable to the fall that he had two days earlier. On Friday. >> Dr. Ronald Uszynski, a neurologist who
has specialized in pediatric head injuries, Let me have some suction. believes Cameron began to have internal
bleeding around his brain after he fell and hit his head on Friday. It was the effect of the blood
on the surface of the brain provoking a seizure. When he seized, he obstructed his airway
and he aspirated and he died. Nothing in your mind need have happened on Sunday.
That's correct. That's absolutely correct. Nothing need have happened on Sunday. You absolutely believe that a
child can die from a short fall and in fact can die 2 days later in essence from a short fall.
Yes, I do. If little falls could kill us, then none of us would make it to 5 years old. This
doesn't make sense. My kids >> Bolster their case that Cameron was injured on Sunday, the state turned to
Dr. Randall Alexander, an authority in the field of pediatric head trauma. >> Somebody, some adult-sized person,
um, shook this child very violently. Um, perhaps also hit their head against something in the process of that. And
from that point on the child, um, basically was unconscious and dying. The prosecution's expert witnesses agree
on one thing, someone did something that Sunday. But they disagree exactly as to
what. And that could be very confusing for the jury. Dr. Kraus thinks the baby was thrown against something soft, a
mattress. Mattress. >> Pillow? Couch cushion. Dr. Alexander thinks he was shaken first.
>> We're talking about shaking, the kind we see with shaken baby syndrome. Looks
more like this. Whoosh. This is a brain-breaking force. Once they have this, they're not recovering.
Attorney Bob Estrada thinks this battle of the experts actually could help his client. If the experts cancel each other
out, is the trial going to come down just to, uh, whether they believe that this father could do this?
That's my strategy. That's where I think the heart of the trial is. I'm innocent.
I'm I'm not a I'm not a baby killer. You feel so empty, you don't want to go on.
But yet you have to go on [music] for your other kids. Thinking of you like you're going to lose your dad kind of
thing. That's not really good feeling and then I mean, you've already [music] lost one
thing and they're going to take another one away. But even as Cassie, Billy, and
their kids prepare for a trial [music] that could send Billy away for a long time, We have fought so hard to keep our
family together. They're about to face another loss. Authorities now are threatening
>> [music] >> to take away 2-year-old Payton. Cute. Tell mommy bye-bye. Bye-bye.
>> [screaming] >> It's like I don't even know how to explain it. It's like a big piece of you is missing
and it'll never come back. Cassie Herring has said goodbye to her infant son, Cameron.
I never doubted Billy at all. Even the day they told me that my son was brain-dead and that um they felt like
Billy was responsible. I knew he was innocent. But it's quickly apparent that her belief in Billy Fox's innocence will
come at a high price. This is Payton and Cameron's favorite toys. They played with it [music] a lot
and they used to fight over it. A court takes away her other son, 2-year-old Payton, contending he could be at risk
in the Fox household. I've got him and I know he's in safe hands, you know, I know he is. Payton will live with
Patrick Herring, father to both Payton and Cameron, even though he hasn't seen much of Payton in the year since his
bitter split from Cassie. I was scared to death for Payton. You know, Cameron's death wasn't an accident. So, therefore,
I do know that something was wrong and something went wrong in that house. I feel we have done nothing wrong to
have Payton taken away from me. Cassie vows to fight for her son. [music] So, we'll put this before the judge and let
let him make a decision on it. >> And hires a custody attorney, Diane Smith, to help her.
>> I'm going to go in front of the judge and I'm going to tell the judge I want my son back. I want my son back.
I am not going home without my son. From this whole thing, you are guilty until proven innocent. But Billy, facing
charges in the death of a baby, >> You want to be with your family as much as you can be. isn't allowed to see
Payton until his criminal trial is resolved. My sole purpose is to raise my children and take care of them. And
Cassie, who is facing no charges, is allowed only a few hours a week with her son.
>> Oh, you got blue stuff on. Give me kiss. I missed you. And those visits here in this community
center must be supervised. What do you see out there? All the windows have bars on them.
The door's locked. There's a video camera up there to make sure I don't try to snatch him
or anything. >> [groaning] >> But pretty much as long as you get to visit with your kids, it's all that
matters. >> I'll see you next time. Give me kiss. Bye, Payton. Bye. I love you. Love you.
Okay. Y'all want to help put everything together real quick? >> Yeah. Just move it right here. When Payton's
third birthday rolls around, >> Is the tape in there? Yeah. It's got to come set these on the table. James, I'm
going to give you these balloons and you can tie the strings and chairs or whatever. Cassie goes all out to
decorate the community center for a party. Don't they look cute? That's the one.
>> [laughter] >> Hey. The minutes tick by, but no Payton. They're not here yet. We're just kind of waiting. Have they
heard anything? Finally, Cassie learns that her son is sick. >> He's got the stomach flu. And won't be
able to make his own birthday party. It happens all the time. He's always sick. Always sick. Despite the intense
disappointment, He's not going to be here. I guess we'll go ahead and cut a piece. Cassie insists
this party is not canceled, We'll have his party even if it's 2 months from now. only postponed.
Y'all ready? You ready, James? You ready, Grandma? A week later, in a desperate attempt to
regain custody of Payton, Cassie and her lawyer convince a judge to call an emergency hearing. There, they use the
birthday party incident to argue that keeping Payton with his father is dangerous to the child's health,
pointing out that Payton has been sick a lot recently. You can go right right here. And so, we
asked the court to grant Cassie temporary custody until a hearing could be held. Here's all of our originals.
It's a desperate move, Go ahead and wait outside the court. and a long shot. But it works. Yeah. Oh my god. Oh dear.
>> [crying] [laughter] >> The court rewards Cassie temporary custody of Payton. Thank you
>> [laughter] >> so much. Thank you so much. Can they go pick you up now? >> [gasps]
>> Thank you so much. As they get ready to pick up Payton, Hey, I just I cannot wait to get him.
They're blindsided. I got a call from Sheriff Callahan and Judge [clears throat] Purcell has recinded
this. After the judge is briefed on the charges against Billy, he changes his mind. Opposing counsel got it recinded.
Peyton will stay with his father. Why did he do this sign that? Uh, I can't tell you, Cassie.
Well, let's go home. I felt like Peyton was ripped away from me and I'm going to fight till the day I
die for my son. As Cassie vows to keep her blended family together, Billy and attorney [clears throat] Bob Estrada
prepare for trial. >> You're charged with injury to a child. The stakes can potentially be very high.
Both well aware that a life sentence hangs over Billy's head. Anyone that knows me knows I would never hurt a
child. >> But others in the community do have doubts. The soccer league where he's
coached for years suddenly bans him from coaching until his criminal trial is resolved.
>> There's not a person I know that doesn't support me. The news prompts an outpouring of support from parents,
friends, and teachers. He's wonderful with my children. You all right? You're not drinking
enough water. I've never seen anybody love kids like he did. That was a good shot. Billy was a big fixture here at
the school. He was a very involved dad. Two. The response forces the soccer association to take another look at
Billy's suspension. Hi, Black. Bob, I was calling to find out if you'd heard from
>> Oh, you bet. It's the decision of the committee that your coaching privileges are restored.
Okay, well, I appreciate it. Billy is reinstated. So, I get to go to today and you know, go back to
what I like doing the most, so I'm really happy. Hey, what's up, Billy? But Billy knows it's a small victory in
a bigger battle. >> When do WE QUIT? >> NEVER! >> [screaming] >> TO KEEP HIS FAMILY TOGETHER Peyton was
my little companion. I still wonder if he even would recognize me or and to prove his innocence. It was the worst
feeling in my life. Just all the life drained out of me. >> [snorts] >> Less than a year after Billy Fox and
Cassie Herring brought their families together, Billy faces a possible life sentence for the death of Cassie's
infant son, Cameron. But Cassie isn't wavering. She is convinced that Billy is innocent.
Both say it was an accident caused by a very hard fall at home. But several doctors are certain that
Cameron was in fact murdered. Because of that, Cassie has lost custody of her other son, Peyton.
But now, even as Billy Fox prepares to defend himself at trial, a dramatic new series of events is about to unfold for
Billy and Cassie and for their family. Here again is Susan Spencer. I just never thought things like that
happened. I never thought there was a possibility that Cameron would die or I mean, I never thought that.
Her boyfriend awaits [music] trial in the death of her son. But far from distancing herself from Billy Fox, I
never doubted Billy. I knew he was innocent. >> Cassie Herring [music] makes her
commitment to him official. We've gotten married, I guess. >> [laughter] >> Not only that, Look at all the gifts I
got. It's a playpen deal. but a baby is on the way. All this with Billy facing a possible life
sentence. He's 7 lb and 3 oz. In December 2002, Oh my gosh, he's beautiful. the Fox family welcomes its newest
[music] member, Bailey. >> [laughter] >> But 12 hours later, joy turns to sorrow. Can you go get me a
cleaning dish right here? Armed with a court order, two social workers from Child Protective Services arrive at the
hospital to take Bailey, not yet 1-day-old, away from his mother. >> [snorts] >> The family has an hour to say goodbye.
He's so pretty, isn't he? >> [snorts] >> Leaving him that day was almost like I had my heart ripped out.
Taking a newborn baby away from his its mother is a pretty drastic step. We certainly empathize with the mother, but
we you have to appreciate our side, too. Jeff Wool, the CPS spokesperson for Texas, makes no apologies for the
decision, believing Bailey could be at risk in the Fox home. That's our responsibility to make sure that
in an investigation like this, where a child has died, that the other children are protected. Cassie had offered to
leave Billy, move out, and raise Bailey on her own, but Child Protective Services said that wouldn't help. Why
not? Because their experts now believe that Cameron could have been injured an hour or two earlier than they originally
thought. That would include time when Cassie was still in the house. And so, in their eyes, she is now a suspect,
too. Cameron woke up, and his hand started twitching, and he let out a gasp of air. Remember,
Billy has said Cameron had his fatal seizure while Cassie was out shopping that fateful day in 2001.
Whoever was around him at the moment he became unconscious is the person you should be looking at. And the medical
examiner for the state has said that Cameron's brain injury was so severe, he would have been unconscious seconds
after it occurred. Instantly? Yes, ma'am. Not 10 minutes, not 15 minutes? No. But since other experts aren't so
absolutely certain as to time, Child Protective Services, CPS, now says it isn't sure who hurt Cameron. Either one
of them could have been the ones who actually inflicted the damage. We feel like there is evidence there that
suggests that Cassie may have been responsible for the death of Cameron. I mean, that's a case of reasonable doubt
in my mind, right there. To Billy's lawyer, Bob Estrada, CPS's position is a godsend, because it so
confuses the criminal case against Billy. I have no problem with the fact that they disagree
with the and with the district attorney. I want them to continue to disagree. Billy's new son, meanwhile, has been
placed with his grandmother, Donna. We promised him we'd go by the rules, and we do. Is the keys in the car? And
Cassie is allowed visits to breastfeed. It's an unusual arrangement at best. I'm
tired. Cassie arrives at Donna's for Bailey's 10:00 feeding. I have electric blanket plugged in to
the outside of the house. She takes the electric blanket and puts it in the car,
and then goes out there and sleeps in the car. To be there to feed the baby during the
night, Cassie must sleep in her van outside. I'm coming. Hello. Hello. She comes in at 1:00 and feeds Bailey.
Bailey, are you hungry? 45-minute timed feedings Are you ready to start typing it?
>> that must be videotaped. Look at that, Bailey. Cassie, Cassie, it's time to go. Okay.
Then it's back out to the van for Cassie until the next feeding. Every 3 hours >> Are you hungry now? all night. And
sometimes it's pretty cold out there, too. On this particular evening, it is 21°
>> [crying] >> Billy, meanwhile, is allowed only supervised visits with Bailey a few
hours a week. He's not the same person he used to be. Right now, he's very depressed. Is the
stress getting to him? I think it is. And with Billy's upcoming trial, that's what Bob Estrata is worried about.
They're going to ask you some questions that are designed to get under your skin. Estrata knows the prosecution will
hammer home its argument that Billy Fox is a child killer. Could be a rough trial. Could have a
verdict of serious consequences. And Billy's most important witness First of all, dress appropriately. probably will
be Billy himself. >> Good morning. My name is Bob Estrata, and I have the honor of representing Billy Fox
before you today. With just weeks to go, Estrata stages a mini trial to see if a
panel of mock jurors will buy Billy's story. Cameron was in the living room playing. Billy runs through the weekend
Cameron died. So, I'd tell James to to bring Cameron to me so that starting with his fall on Friday night. And when
he came through, he fell. So, we grabbed Cameron and we headed out the door to the emergency room.
The doctor told us he said, "Well, he he's going to be a little dazed." His seizure Sunday afternoon.
Well, then Sunday, and he just let out this a gasp for air like he was choking. It was the worst feeling in my life.
Just all the life drained out of him. >> [snorts] >> Just write one through five on each of
the direct boxes only. After Billy's testimony, Estrata realizes there is a lot of work ahead. I don't think he's
ready today. I think he's getting readier and readier. Only half the jurors believed Billy's story.
It may in the end [music] come down to you. Do you Do you want to take the stand?
I plan on taking the stand. [music] Can you do your own paperwork or do you need it done? I'll do it.
I spend time with my kids and my family. No, I got a fish. You catch one? Yeah. And Skyler's the best fisherman, aren't
you, Skyler? Uh-huh. I will try to make some special moments between now and then. That one.
You know, just just in case things did did go wrong, I could leave some memories. Billy Fox braces
himself for his upcoming trial, now only a few weeks away. You know, he doesn't know after the trial whether he's going
to go home to his family or if he's going to be in custody. The charge, injury to a child, carries [music] a
potential life sentence. But just 8 days before trial, It's a complicated case. >> Prosecutors, apparently worried about
losing [music] this case, unexpectedly offer Billy Fox a phenomenal deal. No jail time at all in exchange for a plea
of no contest. >> No contest, that is you're not admitting guilt. That is, Billy wouldn't have to
admit guilt, he'd only have to concede that given the evidence, a jury could find him guilty. You don't say you're
guilty, but you might as well if you say no contest. Billy says, "Forget it." We're not accepting the plea bargain. He
is not interested in any deal. I just think it's it's doing what's right for Cameron.
He's determined to clear his name. He's standing up and saying I'm an innocent man and I'm not going to do anything
that would make anybody think that I was anything but an innocent man and a no contest plea is not good enough.
April 17th, 2003. I will be putting my life in 12 individuals hands. >> State of Texas versus Billy Fox. Billy
Fox is [music] charged with injury to a child in the death >> And it's it's scary. Just minutes before
showtime Before proceedings were going to start, they said this is your last [music] chance. Billy has a complete
change of heart. He accepts the state's offer, 10 years probation for a plea of no contest.
It was a scary thought of just you know, not knowing what was going to happen to you
after you put your life in 12 people's hands. When you take a plea, I mean there is sort of an underlying
assumption that something happened here. And in fact, I mean you are the only person on the face of the earth who
knows what happened that day. And I know that nothing happened to Cameron on Sunday.
He was fine until he had his seizure. The criminal case now is behind them, but there will be more days in court.
And I'm going to fight to the day I die for my son. Fighting for shared custody of Cassie's son Peyton, who's been
living with his father. Give me kids, I miss you. And on this day for full custody of
newborn Bailey. Who's been in the care of Billy's mother. >> [music] >> Everyone here is looking out for the
best interest of Bailey Fox. Child Protective Services, which took Bailey away at birth, has done a complete
about-face and now is recommending his return. >> Texas law basically says that we should
for reunification where whenever possible. Doubly astonishing given that CPS still thinks one of the parents
caused Cameron's death. Medical evidence indicates that either Billy or Cassie were responsible for the
injuries that caused Cameron Herring's death. But the agency tells the court that despite its suspicions, it still
feels it's in Bailey's best interest to be home reunited with his parents. The judge agrees.
Oh, we're ecstatic. We're just ecstatic. Yay. You ready to go home? Say bye-bye.
It's kind of like bringing my newborn home and only case is Bailey's now 8 months old and I don't want to miss out
on any more milestones. >> [groaning] >> The Foxes feel they've a chance at last
for a new beginning. It's >> [music] >> hard without Cameron. But sadly one without Cameron
>> [music] >> who would have just turned three. Our family will never be the same. Our
you know, marriage [music] will never be the same. Our It just nothing will ever
be the same without Cameron. The American Academy of Pediatrics tells doctors that whenever they see injuries
they believe are caused by shaking, they should presume that it's child abuse. But critics say shaken baby is often
misdiagnosed. That more research is needed so doctors can better recognize what is evidence of child abuse versus
what might be just a tragic accident. >> [music] [music] [music] [music] >> You can't imagine the sleepless nights
for 30 years trying to hold on to painful memories because one day it might be important to [music] be told in
court. I was 23 years old. I worked third shift, 11:00 at night until 7:00 [music]
in the morning. It was March 11th, quarter after 7:00 in the morning. There was still a little bit of snow on
the ground. As I stepped on the porch, Clyde would usually happy [music] to jump all over me, but he cowered from me
and I thought, "Well, that was unusual." And I put the key in the door. And once I unlocked the door, then he
was jumping all over me like, "Oh, thank god you're here." And I didn't think much of it at the
time until I opened up the door. Uh I stood in the doorway for a while. I didn't want to believe what I was
seeing. My brain didn't want to accept what I was seeing. I was actually trying to hear [snorts]
her breath, and she just wouldn't breathe. Then all of a sudden it was, "Christopher,
is my son okay?" It was around 7:30 in the morning. Phone rang. Said somebody killed Marilyn last night. She was dead.
And I just started screaming. Not Marilyn. Not Marilyn. I am Carolyn Ron. Marilyn McIntyre was
my twin sister. Why would somebody do that to an 18-year-old? It was a heinous crime. [music]
That's what it was. I was there. I seen the body. My name is Lee Erdmann, and I was the
chief of [music] police in Columbus, Wisconsin, in 1980. We're looking for a mean individual. Not
a stranger. [music] It's someone in the immediate family or close friend. I knew it was coming. Her husband, nine
times [music] out of 10, usually is the guy that did it. I just automatically thought Lane.
I'm Brenda Daniels, Marilyn's older sister. Brenda and I did not agree from day one
who committed the crime. I couldn't tell you how many trips we made to Columbus Police Department. Same
runaround. We'll get back to you. There's nothing new. We never got enough information to secure a warrant for an
arrest. Somewhere along the line, Columbus dropped the ball. After 1983, this case went cold.
I am Wayne Smith, a lieutenant with the Columbia County Sheriff's Office. We take some personal pride in not
having unsolved homicides [music] in this county, and here we find out there is one, and and not only is it unsolved,
but it's, you know, nearly 30 years old. >> have preferred that. It was like an >> [music]
>> explosion. They thought it could be solved. It's something that shouldn't have taken this long. There was only
going to be one try at this. Witnesses were dying at this point. Memories certainly aren't improving after 30
years, so this was going to be it. Last chance [music] for justice. >> [music] >> Growing up in a small [music] town,
everybody knows everybody. It's been difficult, you know, not knowing [music] exactly what happened.
Growing up in Columbus, Wisconsin, 31-year-old [music] Christopher McIntyre thought he had an
idyllic small-town childhood. For the most part, I was happy and a normal kid growing up. Just like
everybody else. Until the day when he learned an awful truth. I guess I was about 9 or 10.
That's when my father decided to let me know the woman I thought was my mother, I
found out was not my real mother. He told me that you'll never meet your real mom. She's
she's gone. Chris was only 3 months old and asleep in his crib when his mother, Marilyn,
was murdered in 1980. His father, Lane, had struggled for years to find the right time to tell
him. I was waiting for him to get a little older. That had to be really tough to hear. Well, confusing and
tough, yes. She never got to hear Christopher call her mom. So much was taken away from her.
Carolyn Ron is Marilyn McIntyre's identical twin. Her world was torn apart when her sister was brutally murdered
nearly [music] three decades ago. It was hell. I turned to alcohol. My marriage [music]
failed. I wasn't there for my children. I think she feels like when Marilyn died, a big part of her died. Carolyn's
daughter, Tara Doucet, was born less than a year after Marilyn's death. My first memories are seeing my mom crying
on the phone about Marilyn. >> [music] >> As Tara grew up, she witnessed her mother's constant efforts to convince
the Columbus Police Department to reopen Marilyn's case. I couldn't tell you how
many detectives we went through. We didn't know where else to turn, where to go.
In 2007, [music] 27 years after Marilyn's murder, Tara decided to [music] take matters into her
own hands. She made a phone call that would prove to be fateful. Ironically, she called
the wrong number. I thought I was calling the Columbus Police Department and instead it was a number to the
Columbia County Sheriff's Department. I had never heard that there was an unsolved homicide within the county. It
wasn't in our record system. After reviewing the case, Detective Lieutenant Wayne Smith made a crucial
decision. The Sheriff's Department would reopen the investigation. You could tell right away that they
cared. They seemed shocked that it had went on this long. That's right in the living room where
she was found. As Smith and county detectives began digging into the old case files from 1980, their first
question was simple. Who was Marilyn McIntyre? She was my best friend. Marilyn and Carolyn Ron were born on
November 14th, 1961. [music] Only 5 years later, tragedy struck. Our real mother was
killed in a car accident in 1966. The twins, along with older siblings Brenda and Dean, were soon living with
their father and an abusive stepmother. It was all physically abusive, mentally,
verbally abusive. And it was mainly on Marilyn and I. And at the age of 13, we finally moved
into foster care. At age [music] 16, Marilyn was looking for stability in her life, something she
found in 21-year-old Lane McIntyre. >> [music] >> I was just enamored with Marilyn right
away. It was instant. She's so pretty. Yeah, I just like just control yourself, you know.
It was love at first sight. I wanted to take care of her, you know, be there for her.
But while Carolyn approved of the relationship, Marilyn's older sister Brenda was wary. I just didn't think he
was good enough for Marilyn. She had a rough life growing up. Was this guy going to make it any
easier? No. Despite Brenda's [music] concerns, the couple married on January 19th, 1979,
when Marilyn was just [music] 17 years old. It was a small party, maybe only a dozen people, but it was one of the
happiest days of my life. Soon, >> [music] >> Lane and Marilyn added a new member to
the family when Christopher was born in December [music] of that year. That coming summer was going to be the best
summer of our lives being husband and wife with their brand new baby. [music] The evening of March 10th, 1980
started like any other night in the home of Lane and Marilyn McIntyre. We did laundry
and then I left for work. Do you remember the last thing you said to Marilyn or what she said to you? She
said, "I love you. Do you love me?" And of course I do. >> [music] >> The next time Lane saw his wife
she was dead. And what did you see when you walked in? A body on the floor with a knife sticking in
the side of her chest >> [music] >> and a mutilated head. Lee Arman was the Columbus police chief
in 1980. He found it significant that there was no sign of forced entry or a robbery indicating that Marilyn knew her
killer. Speculation was she might have answered the door and let someone in. Betty Clontz, who lived in the apartment
above the McIntyres, learned about Marilyn's death [music] from Lane himself. It was about 5:10 after 7:00.
Somebody pounded on the our door downstairs. It was Lane. And he said, "Did you hear anything last
night?" He said, "I just [music] found my wife murdered." By the time Chief Arman knocked on her
door Betty remembered that she did hear something unusual in the middle of the night. About quarter after 3:00 in the
morning, I woke up and the dog was just barking up a storm and it was like he was pulling on
something. Whose dog? Lane and Marilyn's. And was it unusual? Well, I never heard him bark before like
that. Based on Betty's statement, police believed the murder occurred around 3:15
in the morning, a time when Marilyn's husband said he was at work. I never left.
Lane did, however, give police their first big lead. When they asked you, who might be a suspect, you gave the
name Kurt Forbes. I did? Yeah. I don't remember. I probably did. Did you consider Kurt Forbes one of your
best friends? At that time, yes. At that time, I didn't know what he was capable of.
I was just mystified. [music] I'm just trying to understand why why to Marilyn. As police were running down Lane
McIntyre's apparent alibi for the night his wife Marilyn died, he was offering them another suspect, one of his best
friends, Curtis Forbes. Why would Kurt Forbes kill your wife? I believe that Kurt Forbes had a crush
on Marilyn. And his girlfriend just left him. And he was on the prowl that night.
That's our engagement picture. Curtis Forbes was engaged [music] to marry 22-year-old Debbie Adelson in
March of 1980. You know, I was young back then, in love, and he was what I wanted in my
world. The couple hung out frequently with the McIntyres. We played cards. We'd go fishing. We'd go out to eat. We
got to be really close friends. But according to Lane, Marilyn soon heard some disturbing news about Kurt.
Debbie began [music] to tell Marilyn stories about abuse. Lane says Debbie confided in Marilyn
that Kurt would occasionally beat her up, and that just days before Marilyn's murder, Debbie broke up with Kurt. Had
Marilyn encouraged Deborah to leave Yes. Lane believes the newly single Kurt Cobain was looking for some action on
the night Marilyn was killed. And then he goes, "Aha, I'll go check on Lane's wife. Lane's at work."
I believe he had the intention to rape. Former Police Chief Lee Erdmann questioned Kurt about his whereabouts on
the early morning hours of March [music] 11th. He said he had went out and proceeded to
play pool and have a good time. According to witnesses, Kurt tried to pick up a woman at the bar. She rejected
him. When the bar closed at 1:00 a.m., he drove to the house of another woman, Lori Heaft.
I was home with my then boyfriend. According to Lori, Kurt arrived around 1:15 a.m. and stayed just a few minutes.
Why do you think Kurt stopped by your house that night? I think that he was going to probably try and make sexual
advances towards me. After leaving Lori's, Kurt said he drove to Debbie Adelson's house, arriving
after 2:00 a.m. But, when investigators talked to Debbie Adelson and her parents, what time did
they say he arrived? 4:00. So, there's 2 hours Yeah. unaccounted for. Yeah. Where did he go?
What did he do? And then, just 1 day after he was grilled by police, Kurt Forbes skipped
town. Innocent people don't run. Kurt Forbes ran. Kurt soon sent letters to Lane and
Debbie. Dear Lane, I don't know how to express my sympathy for [music] you at this time. I don't want to go to jail
for something I didn't do. >> [snorts] >> There's too much circumstantial evidence
against me, so I have to go. But what was the circumstantial evidence against him that he's talking about? What people
were saying. That he was violent. Debbie initially told police that Kurt had arrived at her parents' house at
4:00 a.m. on the night of Marilyn's murder. But later said she might have been mistaken. It was either
10:00 after 4:00 or 20:00 after 2:00. I just saw the two hands. The circumstantial case against Kurt
seemed to be weak, and police soon learned that none of the physical evidence taken at the crime scene could
be linked to him, either. After 2 months on the lam, >> [music] >> Kurt returned to the Columbus area, and
just 5 months later, he and Debbie Adelson were married. Did you have any questions [music] about
marrying him? None. But you knew other people were talking about him. I think that back then it was more they were
talking about Lane. And in fact, around Columbus, suspicion had begun to shift away from Kurt and
back towards [music] Marilyn's husband. I thought maybe Lane did it. Betty Klontz had always felt
uncomfortable about her neighbor's calm demeanor when he came to her door the morning of the murder. If I was him and
it was my wife, I probably would have started in like this. You know, my god, I just came home from work and I found
my wife murdered. But, no, he just said it in a nice, calm voice. Betty told the police about frequent
fights that she heard between Marilyn and Lane. Neighbors say that you guys would argue. That's their speculation.
The McIntyre family were boisterous. We talk loud in our house. And Marilyn's older sister, Brenda, who
had never liked Lane, believed he had a motive for killing his wife. Lane looked at me, and he goes, "Brenda,
guess what I did? Well, I took a whole life insurance policy on Marilyn." It turns out Lane had purchased a
$10,000 life insurance policy for Marilyn less than a week before her murder. Three days later, she's dead.
I was mortified. And [snorts] that wasn't all. Within months of Marilyn's death, Lane was
dating, and he soon remarried. He was just getting on with his life, like it was nothing.
I'm a young man. I've got a 3-month-old baby. I needed another woman in my life.
Although there was suspicious circumstantial evidence against both [music] Lane and Kurt, the police did
not arrest either man. Instead, their investigation mysteriously ground to a halt.
Four years go by. Five years go by. Our thoughts that it would never be solved. For Lane, [music] each passing year
brought increased scrutiny. My own son was taught [music] to think I did it. Things started to go sour
between me and my father. Did you ever just say, "Dad, did you have anything to do with this?"
I did not. Uh it'd be such a hard question to ask. "Dad, did you have something to do with
killing Mom?" At age 15, the tension between father and son reached [music] a boiling point
and Christopher moved out of the house. I lost mother. And now I feel like I lost father.
The toll on Marilyn's family would continue to grow. You know, we've grown up in broken homes our whole [music]
life because they didn't know how to carry on after Marilyn died. Years would turn
into decades [music] and still no answers until that fateful call. When I took a look at this case,
my question was why didn't he get [music] arrested in 1980? >> [music] >> I made a promise to the victim's family.
We will do our best at this and I believe when we're done, we'll be able to tell you
who I believe did it. In 2007, Columbia [music] County Sheriff's detectives reopened the
investigation into Marilyn McIntyre's murder >> [music] >> and after digging into the old case
files, they found a piece of evidence that would soon [music] blow the case wide open. There was this very small
stain in a bathroom sink that had the victim's blood in it. In 1980, [music] blood and hair samples have been taken
from the crime scene. More than two decades later, [music] that blood evidence was sent to the
Wisconsin State Crime Lab for DNA testing. When the report came back on that, there
was possibly two other contributors. However, one of those contributors was not Layne McIntyre. He was 100% excluded
from that. And is there any of the suspects a possible contributor? >> There is.
When the lab compared DNA from a sample of Kurt Forbes' hair to the stain in [music] the sink, he was listed as a
possible contributor in that stain. But Wayne Smith knew there were limits to this DNA evidence. You have to
remember that, you know, this is likely a pinhead-size stain in a sink. And being a possible contributor was not
conclusive proof. >> [music] >> The lab results showed that it wasn't necessarily Kurt. The DNA could also
come from one out of every 98 people. But it wasn't her husband. But it wasn't her husband and it wasn't any single
other person that had ever been mentioned as a suspect or had been in that house, cuz we tested them. I'm
looking at these photos So Smith [music] and county investigators focused their attention on Kurt Forbes and [music]
began to re-interview everyone connected to the crime. I wasn't worried about not
remembering. [music] Lori had told detectives that on March 11th, 1980, [music] Kurt stopped by her
house at around 1:15 a.m. He was there for 5 minutes. She also recalled a conversation she had just weeks later
with Kurt's girlfriend, Debbie Adelson. She said, "Well, he showed up at my place around 4:00 with blood on his
shirt and wanted me to take care of it." I don't even know her. Debbie, who was still married to Kurt
Forbes [music] in 2007, remembers that time very differently. She says there never was a shirt with
blood. So if Lori says [music] it, you talked about the fact that there was blood on a shirt, she's not telling the
truth? >> How can it be? And in fact, when Lori gave police a statement back in 1981,
>> [music] >> she never mentioned a bloody shirt. Why wouldn't you tell the police that she
also mentioned blood? I assumed that Deborah had brought that up. >> [music] >> Detectives heard other rumors. Family
and friends of the Adelsons said that Debbie's mom talked about washing Kurt's bloody [music] clothes that night. We
would love to have talked to her parents because I believe that they had really good information.
But unfortunately, [music] Debbie's parents were no longer alive. None of the statements could be verified. For
some reason, this family wasn't interviewed about Kurt's arrival at their home. And that's a critical piece of evidence.
Detectives spent 2 years sorting through the evidence and interviewing more than
60 witnesses. It got to the point where Kurt was the only one left to talk to at
this point. Finally, on March 24th, 2009, 29 years after Marilyn's murder, Kurt Forbes was served with a search
warrant and brought in for questioning. Kurt Forbes before you sit down, what I'd like to do I guess is go back to
March 10th, 1980. That night you were at the Adelson's house for a little while and
I got there. When asked [music] what time he arrived at the Adelson's house, Kurt remained
consistent. It was around 10:00. So, she had told us that you got there a little bit after 4:00 and if you look at
the clock that would be inaccurate or it was around 10:00. After nearly an hour of questioning,
[music] Wayne Smith tells Kurt that his DNA was found mixed with Marilyn's blood
in the bathroom sink. How do you explain that your DNA is in her blood? I wouldn't know
what you're talking about. My DNA is in her blood? Wow. As Kurt's interrogation stretched on,
two other detectives visited his wife at home. I was in shock. I didn't know what was going on.
She agreed to answer their questions, but [music] didn't realize the interview was being recorded. I know you know that
we reopened this case. She was asked about Kurt's [music] rumored bloody shirt. >> Did it have blood on it?
I don't remember that, so I can't say. You can't say or you can't remember? >> remember.
As detectives continued to push Debbie about the bloody shirt, her answers began to change. You showed up at the
house with bloody clothes and your mom washed them. I know you know. I Yeah, but I just don't remember right
now. But you just said yeah. Finally, after more than 4 hours of questioning, Debbie's memory of that
night seemed to return. He had a white shirt on underneath the blue sweater and I saw blood in there. You did? Now I
remember that. I know I got asked about the blood and he told me something, but I can't
remember what he told me. And I believed it. You didn't tell me enough. Hours later, armed with Debbie's
damning new information, detectives arrested Kurt Forbes for the murder of Marilyn McIntyre.
I knew 100% Kurt Forbes was the one that was responsible for this murder. But making that case to a jury was about
to get much tougher. After a judge ruled that the crucial DNA evidence that seemed to place Kurt
Forbes at the crime scene would not be allowed at trial. It was devastating and I thought there
was a greater chance that he'd get away with it. It's like we got him. We finally got him.
29 years after Marilyn McIntyre's murder, her family believed detectives finally had the right man, Curtis
Forbes. Even Marilyn's sister, Brenda, who had long suspected Lane McIntyre, [music]
was convinced. Is there one moment, one piece of evidence that made you change? Yeah,
when the blood stain would hit Kurt's DNA in it. But then, a judge threw out that DNA
evidence, ruling it was not conclusive enough to be used against Forbes. [music]
Is our job tougher? Absolutely, but that doesn't mean we can't get it done. Assistant Attorney General David Wombach
decided to move forward anyway with a completely circumstantial case. We're behind Kurt 100% in this ordeal.
Kurt's brothers, Mike and Dennis, believe the charges should have been dropped. Well, I am angry, you know,
they threw my brother in prison for nothing. But on November 9th, 2010, Curtis Forbes goes on trial for murder.
It begins with a dispute over when Marilyn died, an important issue since Lane McIntyre has an alibi for the hours
between 11:00 p.m. [music] and 7:00 a.m. while Kurt Forbes' whereabouts are in question. So, what time do you believe
that Marilyn McIntyre was murdered? I believe that it's sometime very close to 3:15, and that's why Clyde, the dog, is
acting up the way he is. That information came from the McIntyres' upstairs [music] neighbor,
Betty Klentz. I had to get up around oh, between 3:00 and 3:30 because the dog was having such a fuss outside.
And there's a second witness, a friend of the McIntyres, who drove by their house twice on the night of the crime.
First at around 12:30 a.m. Did you know whether weather or not the lights were on when you went past to go home? No, I
didn't see no lights. Then again, at around 3:15. [music] At that time, I noticed the porch light
was on and the dog was tied outside. That evidence, says the prosecutor, proves that Marilyn had to be alive
between midnight and 3:15 [music] a.m. on March 11th to turn on the light and let the dog out. A cat can go in the
litter box. The dog, you got to let him out. But the defense says Marilyn died earlier, before Lane went to work. They
point to the testimony of the McIntyres' other neighbor. She lived next door to Lane and Marilyn and heard a noise
coming from their apartment at 10:00 p.m. on March 10th. We went to bed and we could hear voices,
like they were maybe arguing or something. But that was all the neighbor heard. And Wambach reminds the jury that
Marilyn had a 3-month-old baby who needed to be fed every few hours. You're saying somebody would have heard
that baby crying. >> Exactly. And we knew that none of the neighbors had heard any crying.
Wambach now moves on to the next important point in the timeline. What time did Kurt Forbes arrive at Debbie
Adelson's home that night? At 2:00 a.m. or 4:00 a.m.? If he actually got there at 2:00, then it doesn't look like he's
the one to have committed the murder. Because Debbie says she could no longer be sure when Kurt turned up, the
prosecutor calls witnesses who spoke to Debbie back in 1980 about Kurt's arrival. What time did Debbie say Kurt
showed up at her parents? It was around 4:00 in the morning. She said it was at 4:00. About 4:00 in the morning?
For Kurt Forbes, the case hangs on this one question. Where was Kurt from 1:30 in the morning to 4:00 in the morning?
>> no idea. We never asked him. With his case winding down, Wambach knew that his most crucial witness was also
the most unpredictable. I didn't ask for any of this. On the day of Kurt's arrest in 2009,
Debbie Forbes [music] told detectives that she had seen blood on Kurt's shirt on the night of the murder.
But on the stand, Debbie now denies she saw anything. Did you see anything on his clothing
that you took notice of? No. You did tell them that Kurt had blood on his shirt that night.
I don't remember saying that. And I know I didn't see it. And how they got me to say that, they
could have gotten me to say anything at that point. Did Kurt show up with blood on his
shirt? The prosecutor has one final piece of evidence he believes provides the answer.
Debbie, what's going on? A prison phone call between Kurt and Debbie Forbes recorded just two days after Kurt's
arrest. The fact is, Deborah, I did not murder Marilyn McIntyre. Then where did the bloody shirt come from?
I'll explain all that. I did not kill Marilyn. Well, explain it to me then. Not on the phone. I need a lawyer,
Debbie. What's so beautiful about it, too, is what it doesn't say. He doesn't say, "What blood?
What do you mean blood?" But Curtis Forbes' attorneys downplay the call. They point to the fact that
there was no physical evidence linking Kurt to the crime scene. None of the hairs were consistent with Curtis
Forbes. And then, to create more doubt in the mind of the jurors, the defense calls an [music] unlikely witness, Lane
McIntyre. I knew I was going to be grilled [music] and I didn't care. Forbes' attorney wastes no time putting
Lane in the hot seat. Approximately 3 days before the death of your wife, did you have occasion to talk to an
insurance agent? Yes. And what did you do with relation to the insurance agent? He showed up on my doorstep unannounced,
solicited me. You're a young man starting a young family. You need life insurance.
Lane is [music] peppered with questions about finding his wife murdered. I stood
in the doorway trying to accept what I was seeing. About pointing the finger at his best friend. Did you tell officers
that a person they might want to look at was Kurt Forbes? Yes. And about whether he and Marilyn argued
before he went to work. You do not recall an argument that you had with Marilyn McIntyre on March 10th, 1980,
between the time you got home and the time you went to work. No. He was trying to accuse me of
killing Marilyn and then going to work like nothing happened. As the trial comes to a close, the jury
must decide, is the right man on trial? Did Kurt Forbes kill Marilyn McIntyre or did her husband, Lane?
>> [music] >> Hopefully Marilyn gets the justice that she deserves. On November 15th, 2010,
after 6 days of testimony and more than 45 witnesses, the fate of Curtis Forbes is in the hands of the jury. We thought
it was going to be an all night thing and we'd be back in the morning. Instead, the jury is out just 2 and 1/2
hours. Thinking this can't be good. The families of Kurt Forbes and Marilyn McIntyre
>> We got a verdict. scrambled back into the courtroom for the verdict. That was
probably the scariest point in my life. Everything at that point is resting in that moment for the judge to read the
verdict. We, the jury, find the defendant Curtis E. Forbes guilty of first degree murder.
It was just like Dated this 15th day of >> Wow. We just went nuts. All this pain that I had to carry, this
baggage, I could finally let go of. For Marilyn's family, it's the end of three decades of pent-up anguish.
Justice for Marilyn, finally. Finally over. God. Finally over. But on the other side of the courtroom,
where the Forbes family sits, He is innocent. It was just unreal. Devastation. They found a guy [music]
guilty of murder and they're going to put him in jail for life and only deliberated at the 2 hours on
circumstantial evidence? Yeah, in my face. It was a quick verdict, in part, says
prosecutor David Wambach, because the jury believed there had been a bloody shirt. If you can convince them to
[music] say I have no doubt that Kurt Forbes had blood on him and that that was Marilyn's blood, everything [music]
else just falls in behind that. There was never any blood. But even today, Debbie Forbes insists
that she never saw blood [music] on Kurt that night. When you though called Kurt on the
phone, you asked him, "Then where did the bloody shirt come from?" I'll explain all that.
Yeah, I wanted to know about this bloody shirt everybody was talking about. I hadn't seen one.
Do you believe that Deborah Forbes lied on the stand? >> Well, it Uh yes, she she
committed perjury. I don't think that the jury found much of anything that she said or did to be
believable. But Debbie now no longer seems willing to protect the man she married 30 years
ago. Do you think you know the truth now? It's in there. Just have to accept it.
Sounds like Debbie, you do believe your husband killed Marilyn McIntyre. It's tough, isn't it?
Yeah. Three months after the verdict, Kurt Forbes is sentenced to life in prison.
Whatever >> [music] >> tiny little bit of doubt I would have had, my mind was clearly pushed out.
Finally convinced of his father's innocence, Christopher McIntyre is looking forward to repairing their
relationship. So is Elaine. Marilyn would want her son and her husband to be the best of
friends. We got a lot of catching up to do. Following the sentencing, Marilyn McIntyre's family visits her
final resting place. They're beautiful. Yellow is her favorite color. Justice for Marilyn. Justice [music] for
Justice for Marilyn. They release balloons. And with [music] them, more than 30 years of pain and frustration.
If you can imagine being judged when you're telling the truth for 30 years. My name over.
And then finally after all these years, finally vindication. My mom can start a new life.
Our family [music] is going to start a new life now. We This family was persistent.
Detective Lieutenant [music] Smith and Assistant Attorney General Wambach are quick to acknowledge that without
Marilyn's family, her murder would never have been solved. It's to their credit that that they kept
this case alive. If it took me till the day I died, I was never giving up. Don't ever give up. Because eventually
[music] somebody does have to listen. You are the victim's voice. She's still watching us.
Marilyn would want us to have closure. There are so many people that loved Marilyn
and still do, always will. >> [music] [music] [music] [music] [music] >> Mhm.

"48 Hours" cases in which justice was found. Watch the YouTube mini-marathon, which includes "Murder in Pinyon Pines," "Prime Suspect" and "Last Chance for Justice."

00:00 Murder in Pinyon Pines 41:41 Prime Suspect 01:23:02 Last Chance for Justice

True crime. Real justice. "48 Hours" investigates the most intriguing crime and justice cases that touch on all areas of the human experience including greed and passion. "48 Hours," which premiered in 1988, has developed a rich history of original reporting and impact journalism that has helped exonerate wrongly convicted people, caused cold cases to be reopened and solved, and along the way changed lives.

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Brief Summary

The episode details the Pinyon Pines triple homicide and the emotional fallout for families involved in the case against Robert Pape and Christian Smith.

Key points

Family's Heartbreak. The Friedli family grapples with the loss of their loved ones.
Arrests Made After Years. After nearly eight years, two men are arrested for the triple homicide.
The Accused's Defense. Families of the accused assert their innocence amid the accusations.
Charges Dropped. In a shocking turn, all charges against Robert Pape and Christian Smith were dropped.
Billy Fox Turns Himself In. Billy Fox is about to turn himself in to the police for a serious charge.
The Tragic Death of Cameron. Cameron Herring dies after a series of alarming events following a fall.

Episode highlights

Episode quotes

Innocent till proven guilty is a myth.

17:28WatchMay 16, 2026

Tension

75/ 100High tension

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