Should This Killer Go Free? | "48 Hours" Full Episodes | Forensic Files

[Music] Auburn, California. Above the fog and below the snow. The perfect place.
Rural steep cliffs, wooded areas, dirt roads. There are a lot of places to bury a body.
[Music] What were you doing that brought you here in 2003? I was conditioning a horse
to do endurance. Those Labor Day weekend Saturday that I came up on a my just my
normal training ride right about here. Yeah. I saw a freshly dug hole in the brush. the rest of my ride. I kept
trying to justify why it was there. It sort of haunted you. It sounds like it did.
We had just come home from our summer house up in the Sierras. I barbecued. At dinner were Donna and Lynette
Vanderhoot, their daughter Justine, and her boyfriend Danny. No one had any idea
what nightmare was about to unfold after that meal. I gave her a kiss on forehead, said, "Good night. I love
you." I spoke to her on the phone. I told her that I loved her. I was leaving for work at 5:00 5:30 in
the morning. Lynette walks into Justine's room. Justine is not there. The dog is on the bed. The front door is
open and her car is gone. [Music] 17 years old, disappears, leaves everything behind without trace. It felt
sinister. We're going to find her. We searched and searched everywhere. There were searches at the Bander shoots
organized and then there were searches that we did on our own with our search and rescue teams.
We try to imagine what it was like and what it's going to be like when she comes back. Danny and his roommate
Brandon were on the sheriff's radar quickly. Friends started to come forward about how jealous Danny was of Justine.
They were interviewed that first day. They said, "Oh, no. We were home all night." There's a belief right away that
they are concealing something about Justine's disappearance. Okay, have a seat. Have you ever seen anyone die?
Brandon, tone changes, story changes. He confesses. Brandon claims that Danny killed Justine. She's laying down and
he's over her and his hands were not released. He explained that Danny was choking her and that he helped bury her.
Let's go. At the end of the interview, Brandon led the investigators to the location of Justine's body. Justine
Vanderhoot's body discovered buried in a shallow grave. The Auburn Journal had a
photo of just the brush where Justine had been buried, and I went, "Oh my gosh, I saw freshly dug hole 3 days
prior to her disappearance." I immediately, you know, contacted the sheriff's department. That was a big
piece of evidence. That's absolutely coldblooded, premeditated. The Vanderhoot family says they are
relieved. The decision was made to accept pleas to murder from both defendants and give them a life
sentence. Hopefully, we can all move on from here. No one would have ever imagined that 20 years later, we would
still be fighting for justice for Justine and her family. In 2020, Brandon Fernandez filed a petition to get out of
his murder conviction. If Brandon's petition is granted, one of Justine's killers will walk free. We're fighting
for her. That's why we're here. She doesn't have a voice, so we're her voice. [Music]
[Music] [Music] It's 21 years since we've lost Justine, but it's still very fresh in our mind.
It was September 18th, 2003 when Justine Vanderhoot's remains were discovered in
a remote location more than 2 weeks after she disappeared. But it's here in this
garden outside her bedroom window that her parents, Don and Lynette, still come to find her.
This is actually Justine's little little footprint footprint there. Momentos of their youngest child and condolence
flowers that poured in after her death are now permanently rooted here. We call this Justine's garden. At the center, a
towering dogwood tree, a reminder of her favorite trips to the Sierra Mountains and a sobering measure of how long she's
been gone. When we celebrated the 17th anniversary, Christine said she's been gone as long as she was here on Earth.
Justine's older sister, Christine, sums up what those years have been like for her in one word. Lonely. She was my best
friend. We were only 18 months apart. We did pretty much everything together since day one. How would you describe
Justine? What was her personality? Vibrant, charismatic, just life of the party. She made you laugh every time
she'd say something. She was a spark in our household, that's for sure. a little
firecracker, cheerleader, baseball, soccer. She was always on the go. At 17, Justine was on the verge of graduating
high school and wanted to pursue a career in fashion and beauty. Did she know what she wanted to do in life after
high school? She would sew and design her own shirts and shoes. She had to stand out, and that was what she wanted
to do for other people was make them stand out and feel beautiful. Instead, her family is now forced to grapple with
her murder and its aftermath. I don't ever want to forget about her, but I don't want to be reminded of what
happened. But it's not so easy to just pack it up and put it away. Right. No, it's not. In fact, the Vanderhoots say
it remains an open wound thanks to ongoing efforts by Justine's convicted murderers, Danny Bessmer and Brandon
Fernandez, to get out of prison. retired Placer County Sheriff Ed Bonner. Including parole hearings, I think the
Vanders have been back to court seven times since the last seven years, always facing the possibility. It's hard to
imagine that both men were once welcome in the family's home. First came Brandon. I believe it was probably
seventh or eighth grade that I started to become friends with him. A few years later, he introduced the Vanderhoots to
his friend Danny. It was actually at a birthday party for me. We had a pool party and Danny was actually coming to
the house to meet me. But it was Danny and Justine who clicked and while she was only 15 and he was about 17, they
quickly became serious. From that party on, they were always always together. They even talked about perhaps getting
married. Is that right? Yeah, they were very serious. He became kind of like a fixture in our family. his dad wasn't
really in the picture and he didn't really have a mom. So to come into our household and see how a real family was,
I think that was something that he was attracted to as well. The Vanderhoots offered Dany the support and stability
of a happy family life. I considered him like a brother almost. Dawn even got Dany his first real job working with him
at an auto dealership and his own key to the house. But looking back, the Vanderhoots now see red flags they
didn't recognize then. Controlling, telling her who she could see and who she couldn't, monitoring her texts and
her cell phone calls. Her frustrations were really starting. He was so jealous and very possessive over her. She
couldn't go out and hang out with friends without him freaking out and getting upset and pouting. Lindsay
Morris was Brandon's girlfriend and says Justine confided in her about problems with Danny. She even said, "I don't know
if I break up with him, if he'll ever really let me go." Towards the end, she was trying to pursue certain things that
he was trying to hold her back from. He didn't want anything to change. And she was sort of growing up and maybe growing
apart from him at that point. Yes, I think so. Retired Pler County Detective Angela
Ford says Danny's fears of Justine leaving him reached a fever pitch in April of 2003 when Justine met someone
during a spring break trip to Florida. Justine had developed a friendship with a Navy sailor there at Pensacola. Did
she tell you about the man she met in Florida? She did. She liked him. I think it kind of opened her eyes. When Justine
came back, she was definitely talking about this guy and telling all of her friends about how amazing he was and how
attractive he was and how she wished she could spend more time with him. Danny had gotten wind of this. He thought he
was losing her. And they say Dany became consumed with the idea that Justine was
cheating on him. Danny had asked me, "Would I be willing to wear a wire so I can get her to confess this?" He wanted
the proof. I told him absolutely not. And there was another troubling dynamic among Justine, Danny, and Brandon. Once
Justine came into the relationship, their friendship wasn't the same as it was before. Justine believed Brandon was
a serial cheater and a bad influence. So, she gave Dany an ultimatum, him or her. Danny and Brandon lost touch for
about a year, but by late 2002, they reconnected and decided to become roommates. It was a triangle that was
sort of toxic at that point. Exactly. Um, and it kind of really fueled when Danny and Brandon moved in together.
Justine continued to be a thorn in Brandon's side. Brandon hated Justine with a passion. would constantly say
that she was a [ __ ] and that she would manipulated Danny. In 2003, a few days before Labor Day, Justine attended a
party at Danny and Brandon's apartment. We sat on the front porch just talking and we both agreed that we were going to
get rid of these guys and that we wanted a fresh start and that we could do better.
Justine was getting ready to go to the next stage. Danny was not going to allow it.
[Music] [Music] In the early morning hours of Tuesday, September 2nd, 2003, Lynette Vanderhoot
found her daughter's bedroom empty and her truck gone from their driveway. This was so uncharacteristic of their
daughter, so different from any behaviors in the past. She has no money, no ATM, no credit card, no no
identification on her at all. Justine's family frantically turned to the community for help.
The Vanderhoots passionate and they got organized. This is my sister. She's been
missing since Tuesday. We went through all of Auburn hanging the missing poster flyers, tying the pink ribbons around
cuz pink was her favorite color. Justine, we love you. We're all out looking for you. Please call us and let
us know you're okay. Pretty soon, everyone was looking for Justine. Was Danny assisting in any of these
search efforts in the beginning? Danny showed up a number of times and he would wear the t-shirts. He seemed really
concerned. She's been gone for 3 days now and concern is growing. The first break in the case came when Justine's
truck was located at a parking ride about 5 miles from the Vandershoot home. It was parked right here in this parking
space. And once we had that, then our belief was that, you know, she was not far. Matt Scribner was out riding his
horse. When he saw searchers gathered at the park and ride like many in the area,
he had seen reports of Justine's disappearance. I thought, well, they might be searching
this area because at the time, there was a direct access from the park and ride to this area. A week earlier, he had
seen a freshly dug hole along the trail, but as he rode through again, this time,
did you notice anything different? The hole was not there anymore. There was debris over the top of it. But the
significance of that would not become clear until later. I wasn't thinking like that. Nobody thinks like that.
As the search continued, Pler County District Attorney Morgan Guyire says investigators considered the possibility
that Justine had left the state. The park and ride is located on a very busy interstate, Interstate 80, that runs the
the length of our country. We have a car that is locked and looks as if it was left intentionally. Did she meet someone
there and jump on the freeway? Danny had told detectives early on about the Navy
man Justine had met in Florida. Danny was actually one of the first people to say, "Well, maybe she's off in Florida
because there's some guy she likes in Florida." You have to assume everything's possible. Our detectives
made contact with the Naval Intelligence Service. They tracked him down right away. Boom. They did an extensive
interview with him and it was determined that he didn't have anything to do with
her disappearance. Danny, however, kept throwing that out there. Danny told the media about a strange call he had
received. There's been an inquiry, to my credit, in Florida. Someone tried to get
a credit card there, and I'm really hoping it's Justine. They called tonight's vigil the vigil of hope. Her
loved ones clung to the hope that she was still alive and thought she was possibly being held against her will.
It's you guys that keep us going, all the support. We're all going to bring her home. We're going to find her. She's
going to get away. She's a She's a fighter. Meanwhile, Danny appeared to be the distraught boyfriend on the local
news. 2 and a2 years of my life been devoted to that girl. And now that that part of my life is gone, holding a photo
of Justine and an engagement ring appraisal, he made his own plea. She means more to me and her family than she
does to you. And whoever it is needs to just let her go and let her come home. But
suspicion was growing around Dany, and friends were coming forward about his toxic relationship with Justine.
Danny's possessive. He's jealous. He's angry. He believes Justine is cheating on him. He's
angrier. And all those things began to roll. Detectives also began looking deeper into his relationship with
Brandon. As we interviewed more and more people find these guys were together. Generally what they did they did
together. By most accounts Danny sort of looked up to Brandon. Brandon was known
to be smart somewhat cunning. He sort of had an edge to him. They had some things
in common like juvenile brushes with the law. Danny Bessmer had a history of thefts, burglaries, possession of stolen
property. Brandon Fernandez had been prosecuted for essentially computer hacking. For somebody who was a total
geek, he was very, very confident in himself. Danny was more of a follower. And detectives learned they shared a
disturbing fixation with murder. They talked about killing people. They talked about disposing the bodies, meaning
polygraphs well before the disappearance of Justine Vanderhoot. He had told me there's a couple spots where if I ever
wanted to kill you, nobody would ever find you. This was something he had just said as a joke. Brandon had created a
website ranking levels of violence. He had pictures of people dead, dying, things that give you chills up the back
of your neck. One of the levels discussed thinking about committing some form of violence but not doing it.
Another level talked about committing the violence contemplated on an animal. I mean, that's not normal behavior for a
young man. It is not normal behavior, and it is certainly consistent with those who find value and thrill in
killing other human beings. Investigators questioned Dany and Brandon throughout the investigation.
Both of them said they had spent the evening alone together in their apartment. The fact that each boy was
the other's alibi is a red flag. And that wasn't the only red flag. As detectives retraced Justine's last
steps, they knew her cell phone shut off in the area where her truck was found. But then they found something very
interesting. They got the last two incoming phone calls to her on the night she was murdered. They were both from
Brandon Fernandez. [Music] [Music] As the search for Justine Vandershoot entered its third week, day 15 that
Justine Vandershoot has been missing. There was no sign of the missing teen alive or dead. We had no body. We didn't
have a lot. Sheriff's detectives decided to up the ante. They enlisted the help of the FBI to interview Danny and
Brandon. Again, we needed separate them. number one, but to have one role on the
other. On September 17th, 2003, detectives questioned Danny Bezimer at sheriff's headquarters. Tell me why you
didn't do it. Cuz I was sleeping. The same afternoon, Detective Angela Ford and FBI agent Jeff Reinneck and his
partner drove Brandon Fernandez from his job to the FBI building in Sacramento. Did he seem nervous? I mean, when the
FBI shows up at your job and wants to talk to you, he he didn't seem nervous. He seemed like he had nothing to hide.
Brandon told the agents he had jet skied all day with co-workers and after going
home, he went out to run an errand because he wasn't feeling well. I went down to uh get a VA juice. I had the flu
at this point. He said he got pulled over for running a stop sign and accidentally called Justine twice.
Justine's cell phone is right next to my girlfriend's number. He said he returned
home and went to bed. Brandon said Danny had also been home after having dinner with the Vanderhoots, but the agents
were about to catch Brandon in a big lie. Danny and Brandon first said, "No, we were by ourselves." Well, no. It
turns out that they weren't. Sheriff's detectives had received a tip from Brandon's cousin, Clayton Cole. He told
them that he and a friend had stayed at Brandon and Danny's place the night Justine went missing and saw them leave.
They knew that Danny and Brandon didn't come back until much later. We're going to play something to you.
What is this? What Brandon didn't know is that the investigators had a recorded phone call. After receiving that tip,
detectives had asked Clayton to call Brandon and recorded the conversation. I talked to my dad about the soul thing
and I had to go to the cops today. On the call, Brandon repeatedly told Clayton to lie to police and to say that
Clayton and his friend weren't there that night. You seriously like if you say anything
different and at that point he knew we had a lot more information. With Brandon now rattled, Agent Reinneck
asked a key question. Have you ever seen anyone die? Brandon. Yes. He went white. Brandon broke and
admitted he knew where Justine was. But first, he said he needed protection from
Danny. Can you take me somewhere safe? Can you bring my girlfriend somewhere safe? He wants to tell you a little bit
more, but he's pointing it towards Danny. It's all towards Danny. I had nothing to do with it. He's scary,
intelligent. He has built everything in lies. He is a great actor. He's a monster. Let us help you. It's all
right. How long was it planned to hurt Justine? Long. Like he had planned it forever almost. Brandon
told them he knew Danny had tapped Justine's phone to catch her cheating and confront her. I didn't know what was
going to happen that night. But Brandon insisted he had no idea Danny would seek
revenge that night. He says as far as he knew they were just going to meet up with Justine to steal marijuana plants
from a farm. He now said those calls to Justine's phone were him trying to get hold of Danny to back out. And Danny
said, "No, man. You need to come up here." Brandon said he met up with Danny and Justine at the parking ride around
midnight and they got in his car with Dany giving directions. When he parked, he said Danny wanted to talk to Justine
alone. So, he walked away for a bit. I went down this hill and I was looking around and I figured, oh, he's still up
there for a while. After a few minutes, he says he heard the car horn followed by a scream. He hurried back to find
Dany had strangled Justine. his hands still around her neck and a taser next to her lifeless body. He looked at me
and he just was psycho. His eyes were just bulging out and he was laughing. He was saying, "I win. I win." Brandon said
those words were in reference to a song called The Game that Danny had playing on a loop in
Brandon's car, a soundtrack to her murder. The lyrics detail a girlfriend's infidelity and her ultimate murder by
her boyfriend and interspersed with that song are vignettes of Justine's own words as she's talking either to another
boy or about another boy and some of the lyrics just excruciating. You always wanted people to remember you. Don't you
know your wish is coming true today? Another victim dies tonight. The fear that she must have faced. I can only
imagine if you saw it in a movie, you probably wouldn't believe it. Even though Brandon had initially said
Justine was dead when he made it back up the hill, his story began to evolve. What he was doing was
slowly putting himself at the scene of the death. Did you hear her exhale? Yes. It it was like
it was like a a really screwed up breath. It it like kept happening. According to Brandon, she was still
alive at that point. And also, according to Brandon, she was already dead at that
point. His own statements internally are inconsistent and demonstrate where he's
trying to lie to get out of this. Brandon said Danny removed her clothing and put her in a grave they dug that
night and poured a liquid over her to decompose the body. He says he prayed for it to end. I said, "Please just go."
You wanted her to die so it'd be over. I thought she might have still been alive, but he was going to do something
more brutal than she was. He's watching her die. And he's not helping her. He's not helping her. No. But Brandon said he
was scared Danny would kill him, too. He made me bury her, and he made me promise
and say that I was his brother, that I would never say anything. and he said he would kill himself or others. And then
he had mentioned my girlfriend and Justine's family. He said he was going to take them out next. After a 4 and 1/2
hour interview, Brandon agreed to take them to the scene. It was about 9:30 at night. So dark walking through this. I
can only imagine. When we first pulled up to come here, there was something shiny on the ground. It was a piece of
her jewelry. It was two little cherries put together. A few yards away in a clearing among the
trees, her grave lay hidden under an old mattress. Danny, I'm Sergeant McDonald. I want to
show this to you. It wasn't long before detectives informed Danny, who said very
little during his six-hour interrogation, that they'd found the grave site. I just got back from there.
Guess who took us there? And guess who he's blaming for the whole thing. The next morning, a team of investigators
digging through the hard clay dirt unearthed Justine Vanderhoot's remains. There's a relief and then there's pain.
Danny and Brandon were both arrested and charged with Justine's murder. After 2 and 1/2 weeks, the search was finally
over. But justice would prove elusive. I drove home and I see the chaplain and I see detectives. My mom's
crying and my dad said, "Your sister's not coming home." I passed out, literally. And it's
still hard to relive that moment. Yeah. On September 18th, 2003, Justine's family shared their heartbreak with the
community. I almost sensed Lynette just crumbling and I put my hand on her shoulder. I just can't pro her up. And
we announced that uh this family's worst fears had come true. Danny Bezimemer and
his roommate Brandon Fernandez were arrested Wednesday. If the two gentlemen that are in custody now are responsible
for this, uh, they need to burn in hell. Detectives interviewed Danny Bessmer again and told him they needed
information about Brandon Fernandez's role in the murder. Just talk about Brandon. Don't talk about Danny.
Believing Brandon has a deal with the FBI, Danny tried to haggle. How can I say what Brandon said right now? I don't
have the authority to play. Let's make a deal. Okay. Ultimately, he broke down and started talking. I really want to
tell you everything I do. Danny admitted he had started to strangle Justine. But then she
said, four words that just changed my mind. Those words were Tammy, I love you. But he said Brandon was the one who
encouraged him to keep going. tells me it's too late now. It's already attempted murder.
Danny admitted he had poured drain cleaner over Justine's body, but said Brandon had poured it down her throat.
There was a black tar substance on top of her, and then after the autopsy, there was a black tar substance inside
of her lungs. Justine's official cause of death was listed as homicidal violence, but
further testing suggested she had also ingested dirt. There is no other way to be that far
down and into the bronchial canals means she inhaled it. She was alive. Taking into consideration the family's
wishes to avoid a painful prolonged trial, prosecutors at the time offered a plea deal. As a condition of his plea
agreement, Dany spoke with detectives again and gave new details about Brandon's role. What was the story he
started to tell? Danny tells a story ultimately that involves Brandon as the mastermind. Brandon is claiming he is
merely a victim of circumstance and he panicked and participated in the cleanup and the getaway. So, we know the truth
lies somewhere in the middle. It really does. And Brandon does a pretty good job
of incriminating Danny. And Danny does a pretty good job of incriminating Brandon.
In 2005, Danny Bessamemer pleaded guilty to firstdegree murder in exchange for a
sentence of 25 years to life. Brandon Fernandez pleaded to seconddegree murder and received 15
years to life. A piece of justice was served. At least we can put some of this behind us. Part of their plan was to
receive a life sentence that allowed them to at least become eligible for parole and maybe have a chance someday.
Justine's family made it their mission to ensure that would never happen. Brandon Fernandez came up for parole in
2017 and was denied. Every time they get denied, that's justice for her. The family breathed a sigh of relief, but
their lives would soon be upended once again. In 2018, California changed the law of murder. In 2020, Brandon
Fernandez filed a petition to get out of his murder conviction based on the new law.
The new law reduced the fault of defendants who didn't actually do the killing, like a getaway driver. Brandon
wanted to have his life sentence for seconddegree murder thrown out and to be re-sentenced as an accessory after the
fact. He still has not taken any responsibility. He's guilty just as much as Danny.
Brandon's defense attorney, Steve Dealippus, maintains his client was only guilty of being taken in by Danny's
schemes. Clearly, Brandon was in the wrong. He shouldn't have participated in the cover up of this. And that's what he
did. and absolutely he should be convicted of that but shouldn't be held responsible for a murder. A judge
presiding over the reentencing case in 2020 denied Brandon's motion but that ruling was reversed by the Court of
Appeals and sent back due to yet another shift in the legal standard. Both sides
would now have to fight it out in court in an evidentiary hearing. We had to call all of the witnesses and we had to
prove Mr. Fernandez is guilty. The district attorney has to prove the case beyond a reasonable doubt and the judge
has to make findings beyond a reasonable doubt. In May 2024, it would be up to Deputy DA
Tim Wartz to prove that Brandon Fernandez helped plan and carry out Justine's murder. Once they started
kicking this idea around, they they built off each other. His key witness was Danny Bessemer, who over several
days testified how he and Brandon Fernandez were two pillars in the plot to lure Justine to her death.
Danny talks about how he doesn't want to let Brandon down when they're out there
digging the grave. And Brandon says, "This better not be for nothing." Danny described how he and Brandon assumed
different responsibilities. Danny was going to kill her and Brandon was going to be involved in the cover up
side of things, the forensics as he described it. Brandon purchased the chemicals that were poured over Justine.
According to Danny, he and Brandon pre-dug the grave over several days. The last time they go to the grave before
they bring Justine there is that Monday. It's during the day to check it out in the light and possibly do some digging.
And Danny says Brandon provided the tools used to dig, including a pickaxe he took from his parents house. After
they kill Justine and bury her, they throw them over the fence at Brandon's parents house, and the police go and
corroborate that. The prosecution says it found other evidence at Brandon's workplace that he never mentioned, like
pieces of the recording device used to tap Justine's phone, and in his shredder, a receipt for a brand new set
of tires. He was already covering his tracks the day after. What we call in the in the prosecution world
consciousness of guilt. Brandon's defense attorney insists Brandon was only trying to hide his role
in the cover up, not the murder. And he says that relying on Danny Bezamer's testimony is a sign of the prosecution's
desperation. They don't have a case. I often wonder, will I ever get 100% of the truth? I don't think we ever will.
You think he's still a danger? Yes, definitely. Brandon's defense attorney, Steve
DeFalipus, says Danny Bessemer is the real danger and points out it was Danny who broke bread with Justine's family,
knowing he was going to kill her that night. This a Ted Bundy in the making. Somebody who has no conscience, somebody
who has no empathy for other people, basically a psychopath. And he argues Danny will say anything in court to
improve his chances of being parrolled. He wants everything to look like Brandon
made him do this. He's at that point told either four or five different stories about what happened. In his
cross-examination, Dealipus picks apart inconsistencies in Danny's statements about Brandon's involvement. You can't
corroborate any of his story, and that's deliberately done by him because he knows that it can't be refuted. In fact,
he argues that the evidence contradicts Danny's story. For one thing, he says if
Brandon was really in charge of forensics, he wouldn't leave a trail of evidence. The guy who was in charge of
forensics is not going to do any of the things that Brandon did. Brandon takes the shovel and leaves it at his parents'
home. Why would you put something involved in the homicide at your parents' home? Why would you drive your
car up to the scene knowing that you're going to leave tire tracks on the dirt? You wouldn't do that. And another
discrepancy, Danny's claim that he and Brandon poured drain cleaner on Justine doesn't match the autopsy findings.
Instead, those results indicate she ingested methanol, a toxic chemical compound found in a variety of products,
but not drain cleaners. But Tim Wartz counters that Dany has no reason to lie about that. I don't know what theory
under which the parole board might look favorably upon Drano but unfavorably upon methanol being poured on her. The
only explanation is that he's honestly mistaken and the only way he'd be mistaken is if he wasn't the one that
bought it. And Philippis says Brandon has an alibi for that Monday afternoon before the murder when Danny claims they
went to the grave site. We know that Brandon was up at the lake that day. Wartz points out there was a 2-hour
window when Brandon left to pick up tools to fix a broken jet ski. It's just not an alibi. There's plenty of time for
it to have done what he said. D Philippus says the timing still doesn't match up with Danny's story. Danny also
said that the digging was later in the day. It was not in the morning time, which is when Brandon got the tools and
went back. But the prosecution argues that the defense can't get around Matt Scribner's testimony that he saw a
freshly dug hole 3 days prior to the murder, which is consistent with Dy's account of digging the grave over
several days. This wasn't a panicked dig that they did at the last minute where Brandon's terrified for his life. The
way it actually pans out, Brandon is given immense power. Brandon knows where the body is. After more than two weeks
of testimony, the judge gets the case. If Brandon's motion is granted, he will walk free. It's a familiar fear for the
Vanderhoots. The hand shaking and just trying to get ready just brings the emotions up all over again. You don't
know what to expect. On August 1st, 2024, before a courtroom packed with the Vanderhoots and their supporters, as
well as Brandon Fernandez, who appeared via video conference and his parents, the judge issued his ruling. Was there a
palpable concern for the Vanderhoots that one of their daughter's murders could go free? That fear, that concern,
you could cut it with a knife. Cameras were allowed in court, but we were not allowed to record audio. The
judge denied Brandon Fernandez's motion and upheld his conviction. So, I was very nervous. I let out a big
sigh as soon as he said it. So, it was just yay. Feels really good. Some justice. Justice for Justine. Again, he
did not get out. Very relieved. The judge said it was difficult to parse the truth from lies told by both Dany and
Brandon. But he says ultimately it was evident Brandon was in on the murder plot and easily led investigators to
Justine's body through rugged terrain in the dark. Brandon brought you here and pinpointed exactly. I mean, he knew
exactly where it was. He did. He gave us instructions and um even said you wouldn't find it on your own. The ruling
is a big win for the Vanderhoots, but only temporary relief. In two years, we've got two more parole hearings
coming up. We're not going away. We're never giving up. I'll be there with my cane. I think this one right here is my
favorite. They're critical of evolving laws that have allowed Brandon Fernandez to keep relitigating his role in
Justine's murder. I kind of like feel at times we've been on pause. We really haven't been able to move forward
because we have to relive it. In issuing his ruling, the judge acknowledged that
the legal system can seem unfair to the victim's families and to survivors. I wholeheartedly agree. Often times it
feels as if the only rights we are trying to respect are those of the convicted and the guilty and not
grieving family members. that underlies the problems with this law because it decreases people's faith in the system
that there is finality. It's something the Vanderhoots are trying to change by advocating for
victim's rights. We're trying to do everything we can to prevent this happening to somebody else's family.
They also partnered with the Pler County DA to sponsor new state legislation. Justine's law, as it's called, passed in
2023 and provides teen dating violence prevention education in high schools throughout
California. What do you want Justine's legacy to be now to help educate other boys and girls? Even if it saves one
life, it's worth everything. Matt Scrier says he can't ride through these trails without thinking of
Justine. In one aspect, it's quiet. They've cleaned the area up. It's beautiful. In some ways, it's almost
like Justine is shining here. I believe that [Music] we think of her as hummingbirds come to
us. A lot of times when we're back here working in the garden, I'll have a little hummingbird.
She'll come right up to my face and I'll I'll talk to her and I think of her as she's saying hi to me.
[Music] You've probably heard of the NCIS from the hit TV series, but we're about to
take you inside its real life work. Listen to 48 hours NCIS early and adfree on the 48 hours plus subscription on
Apple Podcasts. [Music] My dad passed away in 2013. His last words to me were, "Whatever it takes,
you protect your mom and you fight to keep Steve in prison." Katina Solano was only 18 years old when
she was shot in the head and killed by her boyfriend. With the flash of a gun, my
whole world just got turned upside down. Steven Burns was convicted of murdering
Kina Serno in 1979. He just looks dangerous. It's like a killer face. If you looked at his eyes, there is nothing
behind him. He has no soul. My name is Nina Solano and I am the sister of Kina. Steven Burns was
sentenced to 17 years to life. In 1990, after just 10 years, Steven Burns came up for parole. My
parents, my sister Regina, myself, and friends and family traveled to Vakavville State Prison to protest his
release. As a father, I closed her casket and buried my 18-year-old child who was murdered by
this animal. God damn it. This is a body bag of my daughter. This is what you did to her,
Steve. 46 years since Kina's death has not diminished one ounce of that pain. Where are we going? We are heading to
the Sanwalken County District Attorney's Office. I am shaky. Very shaky. You are right
now. How many parole hearings have you attended? Number 13. You've been at every single one of
these? Yes, every single one. As Steve Burns heads into his 13th parole hearing, what are you thinking?
I'm thinking that he's no longer a risk to commit the kind of crime he committed
coming into prison. I've known Steve Burns for over two decades. You don't think he's I don't think he's a serious
danger if he were to be released. If somebody looked at this and said, "It's been 45 years. Is this now
just about vengeance? No, it's not. Keeping Steve in jail is not about vengeance. For me, it's fear.
Fear for my family. I think he has a very good chance of being found suitable. Isn't it likely at one of
these hearings he's going to get out? That's my biggest fear is him getting out.
[Music] [Music] It shook the entire campus at the University of the Pacific. a freshman on her first day of college
in 1979, found unconscious, bleeding from her head in a remote area of the school. Her name was Kina
Solano. Harriet and Mike Solo were getting ready for bed when the phone rang at their San Francisco
home. Mike answered it. His tone signaled the news. And I said, "What? What's wrong?" He says, "Kina's been
shot and she's in the emergency room." The Solano's two younger daughters, Regina and Nina, rushed to their side.
Then the phone rang again and they said, "Your daughter passed away." I don't think it can be described in
words what it's like to watch your mom collapse crying. My dad, very, very strong man, but you could tell he was
shaken to the core and life just stopped. I literally life stopped. Completely stopped.
You got the keys to the car? Yeah. 48 Hours first met the Solo family in 1990. Harriet and Mike were making their
weekly visit to Kina's resting place. I think coming out here and being able to talk to Kina gives me a piece of mind
also that I can still communicate with my daughter that it isn't um the final end.
At the time, Katina had been gone for 10 years, and her family was just embarking
on a decadesl long journey to keep her killer behind bars. It's the first skirmish in a long, long battle that
this we started today. It was not a journey they had ever expected to make. Harriet, did you and
Michael really have kind of a the perfect life as parents, three kids? Yes. To answer you, yes. We were so
blessed. Both Mike and Harriet were juvenile commissioners assigned by the city of San Francisco to mentor boys and
girls. Their arms and home were always open, says Nenah, the youngest daughter. I think the best way to describe it is
it typified a middle-class American family that valued their faith, valued family,
valued community as well. They spent blissful summer days at the cabin in the mountains. Three carefree sisters with
Kina leading the pack, says Regina, younger by 18 months. She was the heart and soul of the family. She had such a
good heart. She loved being the older [Music] sister. I think the best way to describe
Kina is she is that person every person should meet in their life. She just brought an air
of kindness. When Kina was 14, a new family, the Burns, moved in across the street in San
Francisco. There were four children, a girl and three boys, all about the same age as the Solano sisters. And we were
spying on them. So, we all made a big batch of cookies, giggled all the way across the street, knocked on the door,
introduced ourselves, and gave them a batch of homemade cookies. Soon the friendship between the oldest Solano
sister and the second oldest Burns brother blossomed into a young love. Kina and Steven Burns started dating in
the 10th grade. How would you describe Steven Burns? Well, he was the big brother I
never had, you know, and for me it was like, God, I have a big brother and I was I just thought he was great because
we got to go to the football games. Steve, who went to an all boys Catholic school, was a star athlete and
captain of the football team. He and Nah, a basketball and volleyball player, bonded over their shared love of sports.
I love Steve. I idolized him. He was a great athlete. He coached my teams. he would help me with my shot and he took
the time to do that. Mike took Steve, who had a difficult relationship with his own dad, under his
wing. He not only mentored him, he gave him a job at his TV store delivering TVs. And my dad, who embraces everybody,
brought him in and treated him as a son. Mike trusted him completely, says Regina. They all did. Did you ever see
anything that between Steve and Kina that worried you? I have to tell you, I've given hours and hours of thought of
that. Why didn't I see this? What was it? You sometimes are close to people. You don't always see
little signs or you ignore them. But with hindsight, the sisters say there were signs. In her senior year, Kina, who had
been accepted to the University of the Pacific, wanted to break up with Steven, but he wasn't having it, says Regina. He
started threatening her. You said that Steve said that if I broke up with him, he would kill me. But at
the time, neither sister took him seriously. Neither one of you told your parents. We just figured he was just
saying it. And because of what our relationship was over the years, why would we believe that? He enjoyed being
part of their family, why would he destroy a family that he loved? Mike and Harriet never heard about that
incident. Never imagined that the life they knew would come to an end. We thought we were doing good and
everything would be fine and never thought the boy across the street would murder our daughter.
When Catina arrived at the University of the Pacific, UOP, in September of 1979, she thought she had left Steven
Burns behind for good. He said he was going to Santa Clara University and she was going to begin pursuing her longtime
goal. She knew she was going to become a dentist. She knew exactly what she was going to do. It was planned for her.
That was her goal, her dream. But Cina's excitement was cut short soon after the
Solaros got to campus. We were staying overnight and we went to the hotel lobby and then all of a sudden there's Steve
and his sister and family and we're what are you doing here? And he says, "Well,
I'm going EOP." That's really the first time I heard a lot of panic in her voice because that
just caught her off guard. For the first time, Kina turned to her father for help. My dad walked up to him and said,
"Okay, Steve, leave Kina alone. She has told you that. You guys move on to your own ways. Be friends and know that I
will always be here for you." The Solaros headed back to San Francisco, and Kina and Steve each moved
into their respective dorm rooms on opposite sides of the campus. Steven's new roommate, Les Serpa,
remembers walking in the room and seeing Kina's picture everywhere. He said his girlfriend uh was at Pacific as well.
There were pictures of her and him together. More pictures than I had ever seen before, but they were everywhere on
his desk. He didn't mention that she had wanted to break up. Not at all. It was all very positive. Everything was great.
Across campus, Kina was settling in with her new roommate, Joanne Marx. Then came
a knock on the door. It was Steve Burns. After he left, uh, Kina told me that he wanted to meet with her later in
the evening for the last time. She was not looking forward to meeting with him, but she was looking forward to it being
the last time. She believed that he would stop bothering her. Joanne says Steve came by to pick up Kina about 7:45
that evening. I said something like, you know, have a good evening. And he kind of just grunted. Kina told Joanne she
would see her later, but that later never came. I think it was probably close to here.
This a freshman out for a walk named Kevin Arland would be the one to discover why. It was around 9:45 at
night when he saw something on the sidewalk. And I kept walking and realized that's a person and
uh figured I I needed to go get some help. Kevin, unnerved by what he saw, rushed
back to his dorm and got a resident advisor. They both ran back to the scene and we got up to her and it was a a
young lady that uh was laying on the ground and she was still alive. She was unconscious, but there was a big pool of
blood around her head. Kevin would later find out it was 18-year-old Katina Rose
Solo. She had been shot in the back of the head. Her arms were twisted in a way that I never thought the human body
could twist. Do you remember her face? I I I just remember the blood. That had to be heartbreaking.
Yeah, I knew it was tragic. I I knew it was uh it was very serious a very serious injury. While the two men waited
for the ambulance to arrive, Steven Burns returned to his dorm room where his roommate Les was watching Monday
Night Football. He went and laid on the bed, propped up a pillow, and started watching the game.
Do you see nervous at all? He was not nervous at all. The ambulance arrived around 1000 p.m. and rushed Kina to St.
Joseph's Hospital. She was still alive, barely. Years later, her family would learn she
was not alone. Randy Hate, at the time a young patrol officer who was at the crime scene, met his partner at the
hospital. I said, "Where's the family?" And he says, "She's a student at UOP from out of town. They're not
here." I says, "Anybody with her?" He says, "Haven't seen anybody. It's just us."
Kina Rose was pronounced dead at 9 minutes after midnight. We made the decision to to sit with Kina
until the corners came. Even though she had passed, I just didn't feel right leaving
her alone. I prayed. I said a prayer for her. By then, homicide detectives were at Kina's dorm talking to Joanne.
I told the police that uh Kina had been picked up by Steve Burns and I told them
which dorm he was from. Less and Steven were in their room when there was a knock on the door. I opened the door and
uh I you know there's like five guys out there in suits. So I stepped out a little bit say hello and I could see at
the end of each hall was full of police officers. And then they asked to search our room. They went through everything.
Every bag, every drawer, everything. What were they looking for? I didn't know at the time, but later I learned
they were looking for a weapon for a gun. Steven Burns was pulled from the room and taken to the Stockton Police Station
where he was fingerprinted and photographed. Officer Haye recalls seeing him there.
He did not appear to be upset in any way. Burns told the police he didn't meet Kina on campus that night and that
he spent the evening in his dorm room watching Monday Night Football. Without the gun, it was never
found. The police didn't have enough evidence to hold him. Steven Burns was released. His father took him back to
San Francisco. The police didn't publicly name a suspect, but Harriet Solano didn't need
a name. She already knew it. I just said to Mike, "It's Steve, Mike. It's Steve." I I don't know why. I
just had that feeling. After talking to the family, the police learned that Steven had threatened to
kill Cina if she broke up with him. Two days after the murder of Katina Rose Solano, Steven Burns was arrested at his
home just across the street from where Kina grew up. I remember sitting up in the window watching them walk him out in
handcuffs and putting him in the patrol car. My whole world got taken from me and really the flash of a gun. I mean,
everything was gone. [Music] Learning to live without their daughter has been a lifelong journey for Kina's
parents. One crippled by whatifs. Mike Solano never stopped blaming himself. He felt that as a father he let her down.
For decades, Catina's sisters have also grappled with regret, wishing they had told their parents about Steven Burns
threatening to kill Cina. What if I had said something? What if we told them about
the threat? You're living with guilt, too. And it doesn't change after 40 years.
This the hole in my heart for missing my sister and what we could have had together. In the wake of the murder,
each member of the family retreated into their own private grieve. I didn't even care if I even lived. I
wanted to join Kina. I didn't know what to do anymore. My whole plan, my whole world, my whole bubble blew up. I mean,
I'd never felt that kind of hurt. I lost my entire family because they fell apart. It was painful enough that my
sister had been murdered, but the person that I viewed as a brother and loved betrayed me by
taking her life. The Solaros would learn that the young man they had trusted had stolen a
gun from Mike's store weeks before Kina's murder. You believe he planned that murder? Oh, yes. The fact that he
stole the gun prior, there was no reason for the stealing of the gun otherwise. They came to believe Steven may have
been planning to use that gun to kill Cina, even before she left for college. The night before we took her to UP, I
heard this noise outside and it was Steve Burns pacing in front of the bedroom window.
He had a big white towel wrapped around his left hand. Regina says Burns tried to climb up the
side of their house and enter through the window of the bedroom the girls shared, but Kina told him to
leave. And she said, "No, I'm not opening the window. Go to bed, Steve. Go. You're I'm going to school tomorrow.
You know, stop. Just stop. Just stop." Then there was a sound like he fell and it was a very distinct sound of metal
hitting metal. What do you think now when you look back on that that sound of metal against metal? I think if I had
opened the window and he got in, there'd be three dead girls. You think he had a
gun with a metal? Absolutely. 6 months after Kina's death, 19-year-old Steven Burns went on trial
for her murder. It was a bitter awakening for the Solaros, who say there was more concern
for the defendant and his rights than there was for his victim. Neither of Kina's parents were
allowed in the courtroom, not even while Nenah, who was only 14 years old at the
time, took the stand. She had to testify at the trial on her own without a victim's advocate
to support her. What was that like on the sand? Gh. I think the best word was just awful. I
was in a courtroom. The only person I knew in the courtroom was the guy that had murdered my
sister. The prosecution argued that Burns met Kina that night carrying the stolen gun with the intention of killing
her if she wouldn't continue their relationship. Still, the jury did not convict him of
premeditated firstdegree murder. He was found guilty of secondderee murder and was sentenced to 17 years to life with
the possibility of parole. We all thought 17 years to life meant life, that they would never let him out. He
should be in prison the rest of his life. They would learn they were wrong. Just 10 years into his sentence, Steven
Burns came up for parole. The Solaros were outraged. I had no idea the parole system was so rotten. Here they are in
1990 talking to then 48 Hours correspondent Bernard Goldberg the night before the first parole hearing. Okay.
Steven Burns was handed down a 17 to life sentence. Here we are 10 years later. That's right. But you you don't
want him out after 17 years, after 20 years, after 25. Is that fair? Oh, that's a very fair question. Absolutely.
I don't want him out. But I don't even want to go up there before 17 years because that's what I was told. Going
into this hearing, they know there's a chance he could get out. On March 28th, 1990, the Solos and a bus full of
supporters headed to Steven Burns parole hearing. That bus ride was the longest ride in my life.
First hardest thing was when she died. This is the second. For the first time since Katina's
murder, the Solanos confronted the man they had once considered part of the family.
Steve sentenced my daughter to death forever. I ask for a fair trade. I ask you to sentence Steve to
life in prison. Then it was Burn's turn to speak. It's hard to say in words how difficult it is to live day to day about
the feelings I have inside about what I did. Regardless of what I do, I can't bring Kina back.
But I know this that I am deeply sorry for what I did and I will work each day of my life, whether it be in prison or
out on outside to make up. He apologized, but the Solaros noticed he never looked at them while he did it. If
you can't look at someone in the face and say you're sorry, then you know damn we're all going to be sorry. After an
excruciating weight, the board is deliberating right now. We don't know what those commissioners are thinking.
The parole board came back with a decision. Steven Burns was found unsuitable for
release, but he would get another chance at freedom in two years. Two years. We got two years. And I feel very very
drained and I know my family is so worn out. Two years. What about the Solano family? We'll be back. And back they
would come over and over again for the next 35 [Music] years. There is one thing you can count
on with the Solaros. Every week for almost 46 years, right? They've gone to the cemetery
where Kina now rests. I'm going to get the water out of the flowers. These days, there's another grave to tend.
Mike Solano died in 2013 of cancer. There's something else you could be sure of. Every time Steven Burns comes up for
parole, they will be there. Thank you for the strength that you impart on all of us. and has refaced this next parole
hearing. We all said we would be back and we've continued to be back 12 times, not just because he murdered Kina, but
because he is a dangerous murderer that will kill or harm again. And that's just
the bottom line. In January 2025, they were about to go to their 13th parole hearing. give this family the strength
to continue to fight. That fight for victim's rights has shaped all of their lives.
Was I going to be a nurse 40 years ago? No. And now I am. The reason why I did it is because I swore nobody would die
alone. Nah was so traumatized by the trial, she vowed she would become a prosecutor. And so she did. She became a
specialist in domestic violence cases. I believed like my sister, so many victims
are either not heard, afraid to be heard, or just don't understand the magnitude of what's happening to them.
She became the DA in Modoc County, cowboy country, about as far north in California as you can get.
Being able to be out in the mountains or work on a cattle ranch to ride my horses and to have that
time is just it's who I am. Harriet went on to start Crime Victims United, an organization that has changed hundreds
of laws. Before Harriet Solano, victims in California weren't allowed to give impact statements at sentencing. Now
they are. Parents, even if witnesses, can now attend the trial. And children, unlike Nina, must now be accompanied by
a support person when testifying. She's my hero. I mean, absolute hero. And it's
just so significant to see how she supports people and just really fights for what's right. I have a passion. For
Harriet, that has meant fighting to keep Steven Burns behind bars. Been doing it for 45 years, and I will
continue to do it as long as I'm alive and as long as he's in prison. Steven Burns has been in prison for 45
years, but the Solaros are convinced he hasn't changed. He still has yet to admit to the facts
of the crime. Steven Burn's story says Deputy District Attorney Robert Himmoblau has changed at least 12 times
over the years. He had said repeatedly that Kina pulled the gun, that Tina was the one who had
the revolver, ignoring the fact that we knew that he had stolen Kina's father's revolver.
Sometimes she shot him. Sometimes they struggled over the gun and it accidentally went off. In
2016, 37 years after the murder, Steven finally stopped lying about Kina's actions, says Nenah. He told the
commissioners, quote, "I became very, very angry and I pulled out a gun and shot Kina." But Steven continued to deny
that he stalked her to UOP to kill her. if she didn't get back together with him. The shooting of the gun murdered my
sister, but the behaviors and the need for his power and control and the obsessiveness is what makes him
dangerous. And according to a complaint brought up at the last parole hearing, he has shown those same obsessive
behaviors inside prison. A professor who taught incarcerated students reported that Burn's behavior towards her was
quote disturbing and manipulating. He was relentless towards her because she would not allow him into a class. He
focused on her and was not going to stop till he got what he wanted. Do you think
that if Steven Burns is released, he could hurt someone? Yes. The next woman he goes out with who says no. But there
are some who believe that Steven Burns deserves a second chance. Kevin Anderson, once a respected
pediatrician, got to know Burns when he was incarcerated, also for murder. After
24 years in prison, Kevin was released on parole in 2023. He started working as a counselor.
We first spoke to him the day before Steven's 2025 parole hearing. Do you think that Steven Burns is a danger to
society? I can't say 100%, but I do think that Steven Burns has done a lot of the work to get to that point where
you're no longer a danger to society. Steven has earned a college degree and has worked with hospice patients. He has
participated in numerous anger management and rehabilitation programs, some alongside Kevin. I think
that he has the tools now that he didn't have before. Kevin worked with Steve in
mock hearing sessions to help him prepare for the upcoming parole hearing. We had to push him. And once we got him
to get off of the denial on certain issues where the real honesty had to come out, now he's able to talk about it
in the honest terms that maybe he wasn't able to do 10 years ago, 15 years ago. Kevin says Steven told him he snapped
when Kina rejected him. She said, "I want you to stay away from me and my family." And he said, "At that
point, I just lost it." And as he was describing this, he was crying because now he realizes where he was going with
this and what this was leading to. And Kina saw it too, says Kevin. He described to me her body language,
what her eyes were doing, how they had just grown really big. I said, "What else?" And he said, "Her voice was
shaking." And I said, "And what did that mean to you?" And he would say, "It meant she was scared to death." But it
didn't stop him. Steven Burns shot the woman he claimed to love in the back of the head and walked away, leaving her to
slowly bleed to death. Did he say why he left and didn't get help for? He did say
that what he did afterwards was a very cowardly act. Steven Burns is about to get another
chance to convince commissioners that the same man who left Cina to die that night is a change man. And this time the
Solanos fear the odds are in his favor. It scares the living daylights out of me
having him come out. [Music] [Music] As Harriet Solo counts down the days to the 2025 hearing, she does what she's
done for the past four decades. She goes to work. At 92, Harriet still goes to the office
at Crime Victims United every day. We're going to use these at the parole hearing. Harriet and Nina are picking
out photos to show the commissioners at the parole hearing. Here's Kina. I think
that's her 16th. It's important that they understand that she was a beautiful human being. Her dog was very important
to her and her life was taken for no reason. Nina has been preparing for this hearing for months.
And in here, I keep everything from the trial to all those subsequent parole hearings. Nah, the prosecutor is leaving
nothing to chance. Like, here's transcripts from the 2010 hearing. But Nah, the protector is calling on
Kina and her dad to help the things she can't control. As a DA, Nah knows his chances of
getting out are better than ever. Keith Watley is founder of Uncommon Law, an organization that helps
incarcerated people navigate the parole process. From what I've seen so far on paper in terms of the time he's done,
the program that he's put together for himself, and how well he's performed there, he does seem like somebody who
under the law should be granted parole. Watley, who has never met Steven, but has reviewed his last two parole
transcripts, says Steven has two other important things going for him. His age, he was only 18 when he committed the
crime. California has passed laws to say that we have to consider someone's youth
at the time of the crime. None of us are fully developed in the brain by before we're age 25. and his age at the time of
the hearing, 63. Watley says he's eligible for special consideration under the elderly
parole program. He says people simply age out of crime, especially violent crime. But in Steven Burns case, isn't
there a possibility that if he gets out, he gets involved with someone and they leave him, he'll do the same thing? It's
a great question. It's an important question. The science and the statistics say no. They say that people who come
home from a life sentence are among the least likely to recidivate. That's just true. But sometimes statistics are no
match for the human spirit. two different things. When the family comes consistently to
these parole hearings, especially a family like the Solaros, doesn't that make it much more difficult
for someone like Steven Burns to get a chance at parole? I would say yes. Yes, it does have an impact on the process.
The Solaros are praying they'll make an impact again this time. Thank you for allowing us to be able to be a voice for
Kina. Harriet, Nenah, her daughter Lexi, and a group of loyal friends head to the
DA's office in Stockton, California, where they will attend the parole hearing via video, the postcoid new
normal. But won't hearing all this today make you relive everything? It does. It
really does. I am shaky. Very shaky. You are right now. Yes. I'm afraid of him being released. I
just afraid that he'll come after us. Harriet braces herself as she heads into the conference room, knowing she will
have to again see the man who put her daughter in a grave. Looking at Steve Burns when he walked
in, he just looks dangerous. He acts dangerous and what he says is dangerous. 48 hours was not allowed to record video
or audio during the hearing, but I was able to sit with the family and friends to observe.
Steven Burns, his affect flat, his voice monotone, once again denied he planned to kill Cina that night. This audio was
recorded by the parole board. But you didn't plan to kill her? No. And you deny that you threatened to kill her
previously, correct? Yes. Do you understand why previous panels have found that you minimize what you did and
and your intentions based on that? Yes. After almost 4 hours, the commissioners retreated to make their
decision. Is this the hardest part? Just waiting to see. This is the most difficult part.
20 minutes later, the family was called back into the conference room. The decision was in. Even after 45 years in
prison, we see very little change on those issues that led you to murder Kina that led you to do things in prison that
offended others. We see very little change. Steven Burns was found unsuitable for
parole. I don't know. Go home in circles. Really sweet tonight. This is the first real
smile I've seen on your face. Oh, you did a great job, Mom. I'm very proud of you.
When Kevin Anderson, Steven's friend from prison, read the transcript of the hearing, he was stunned. He sent 48
hours an email, some of which I read to him when we spoke again after the hearing. Reading this transcript is
hurting my head, heart and soul. This man is absolutely not ready to be released. No. The way he came across in
that hearing, he was absolutely not ready. All the work he has done, I didn't see it showing up there at all.
Four days after the hearing, Nah and Harriet went to deliver the news. We got a 5-year denial, Dad. So, I'm still
holding strong to my promise to you. It was Kina's 64th birthday. Kina, it's the best birthday present I
think we can give you. was that denial. So, thank you for watching over mom and watching over everyone.
Happy birthday, Kina. I love you both so much and miss you. Her former high school boyfriend
viciously attacked her. He is going to do this to another person. A survivor speaks out for the first time. He's more
like a monster. I need to make sure he is put away for murder. 48 hours is all new. CBS next Saturday, 10:9 central and
streaming on Paramount Plus. He was convicted of a monstrous act. Eric Smith has served 28 years for the
killing of 4-year-old Derek Roby in 1993. We never forget our boy cuz he was, you
know, a wonderful child and we miss him terribly. Dear, happy birthday to you. Yeah, a lot of people don't know the
full gamut of what we go through and nor should they, right? I I wouldn't wish this on anyone. It's the first time I've
ever let him go anywhere alone. And it was one block down the same side of the street.
When you have a family member that has been murdered, every time that inmate is up
for parole, you relive, I think, what happened. There are clearly people who make choices which reflect pure
evil. In my view, this heads the list. the events of that morning of August 2nd, 1993. Riding
through the woods, he gave me a kiss and I said, "I love you." He says, "I love you, ma'am." And he went hopping off the
sidewalk. At some point during the midday, I learned that a child was missing in the
village of Savona. And consequently, a search for Derek began. Late in the afternoon, the body of Derek Roby was
found. It was just a brutal, brutal killing. I've lost my boy. You know, we we've lost him. He's
gone. Our instinct was to believe the killer was some adult evil person. Love you,
Eric. Love you, Eric. Love you, honey. Love you. And it's another kid. What do you think is going to happen?
So, you find the defendant guilty of murder in the second degree? Yes. Is that unanimous? Yes. Eric Smith was
sentenced to 9 years to life in prison. First time before the parole board. Denied. We knew the first one was coming
but then after that we got to do this every two years. For them every two years must have felt like every 10
minutes. Second time for the panel denied. It upsets me the fact that we have to
beg to keep this killer behind bars. And you foresee the day when you would say I
don't care whether they let any matter or not. No. We'll take this pain to our grave. That one daddy. 2006. Parole
denied. 2008, parole denied. You can label me a monster, a cold blooded killer, uh demon child, Satan incarnate.
2010, parole denied. 2012, denied. I don't care what the name you give me, doesn't mean that that's who I am. 2014,
2016, 2018, denied. Denied. Denied. I can live in society and function as any other normal individual.
Oo, that last sentence was a chilling one. Another normal individual. Boy, is that a reach.
Parole granted. Eric Smith, who gained national attention almost three decades ago for killing a four-year-old, has
been set free. In Savona, there's one small grocery store on the main street, and all I could imagine was Dorene Roby
standing in line at the checkout line and looking behind her and seeing the person who killed her son.
[Music] [Music] After being locked up for 28 years, Eric Smith, who at age 13 murdered a child, is now
free. He's out on parole here in Queens, New York. Smith insists he's a changed man, deserving of freedom, that he has a
plan for a fresh start, even a fiance. But others worry Eric Smith is still a flat out threat. Dale and Dorene Roi
feared this day would come. Our story begins with them. Dan Rather covered the case for 48 hours
when it first broke. Go. In the summer of 1993, Derek Roby and his family lived just down the
street from this park. It was and still is the social center of the small town of Sabona, New York.
You're looking at me. Watch the ball, hun. Dale Roby coached T-ball. It was his son Derek's favorite game.
He'd go, "This one's for you, Mommy." Good job, De. Derek was all boy all the time. You know, he was going to get me a
home run. Go. He usually did. He loved it. Derek also attended a recreation program
here at the park. And Dorene Roby always watched as her son made the short trip. But one August morning, Derek's
baby brother was crying and Dorin Roby had her hands full. Dalton was very fussy that morning. And Dererick says,
"It's okay, Mom. I'll I'll go by myself. You know, it's no problem. home. The kids are probably going down the street.
Derek was nearly five and knew the route very well, so Darin Roby allowed him to
walk by himself. She packed his lunch and off he went. He gave me a kiss and I said, "I love you." And he says, "I love
you, ma'am." So, he has a block, only a block to go. Mhm. No streets to cross. No, it was a
dead end street. It's the first time I've ever let him go anywhere alone. A short time later, as storm clouds
moved in, Dory felt something close to panic. I had awful feelings. It began to pour. And Dorin Roi had an overwhelming
sense that something was wrong. And I swear that that was the moment he died. You believed that? Mhm. Yeah. I I
I think that he was letting me know. Derek is very close to us. If there was any way he could tell us he was leaving,
he would have tried. Dorin raced to the park to pick up Derek. She was told that he had never
arrived. Nearly 5 hours later, searchers found Derek's body in a small patch of woods just a few yards from the park and
a few hundred yards from his own front door. Blow kisses. Derek had been choked and beaten to
death with rocks. Neighbors placed a cross at the scene. The biggest thing I remember
was Go ahead. When you told your dad that you wouldn't be able to do the things that he did with you. I got one.
I got one. D, come here. Keep reeling. I got him. Derek's first big fish. Yay. The streets of Savona were empty as
worried parents kept their children inside. The immediate assumption was that Derek Roy's killer was a stranger
from out of town. That's what Eric Smith's grandfather believed. This terrible thing was done. I think
everybody, including myself, thought it was an adult. And how could anybody do such a
terrible, terrible thing? Grandpa. Grandpa. Yeah. Yeah. Eric Smith grew up just across town. Okay. Eric,
let me see your stuff. And liked to spend time with his grandparents, Red and Edy Wilson. He always come in and
give us hugs and kisses. Hi. Hi. He loved being a clown. He liked clowning around. He definitely wanted to be paid
attention to. Yeah. But Eric's bright red hair and freckles made him a target at school for years. And as a teenager,
he was seen pedling around town for hours on end alone. [Music] Why did he do it? I don't know why he
did it. I asked him why he did it. His words almost from Beammore. I don't know. I just saw this kid, this blonde
kid, and I wanted to hurt him. [Music] [Music] It's hard to comprehend somebody doing
what Eric Smith did. On August 2nd, 1993, the body of Derek Roby was found in a small patch of woods, midway
between the park where he was headed and his home. He chose to end Derek Roy's life. And he
chose to do it in a way that was much more than just killing. Prosecutor John Tunny vividly remembers
the crime scene and the brutality of the murder. He could have simply killed Derek, but he chose not to simply kill
Derek. Directly behind us is the scene where the homicide occurred. Charles Wood was
lead investigator. The evidence showed that Derek was lured from the sidewalk and strangled. The killer's identity was
then still unknown. Then he discovered and dug up one very large rock and one smaller rock and he battered uh Derek
with those rocks. He went into Derek's lunch bag and he smashed a banana and took Derek's
Kool-Aid that Kool-Aid into the wounds that had been made by the large rocks and he sodomized Derek with a
small stick that he had found. Lastly, the killer arranged Derrick's body. The left sneaker had been removed
and was uh lying near Derek's right hand. And his uh right sneaker had been removed and was lying near Derek's left
hand. It almost looked like the body had been posed in that position. Eric continued to deal with Derek's body
because he wanted to, because he chose to, and most frighteningly because he enjoyed
it. The word enjoy, so disturbing in this context, would come up again and again in the course of the
investigation. The very first time was 4 days after the murder when Eric Smith walked into the
police command center to see if he could be of help in solving the crime. Totally
enjoyed it. Totally enjoyed it. Didn't want it to end. This is John Hips. He and other investigators repeatedly
talked with Eric Smith and had no idea the killer was sitting right in front of them. I mean, he's looking right at me.
He's, you know, he's kind of hunched over a little bit and he's very, very upbeat, very happy. He uh he likes the
fact that he's being talked to. At first, Eric denied seeing Derek Roby, but then he abruptly changed his story.
He was right across the street from the open field, and that's where I saw Derek. I mean, when he said that, he
about knocked me off the chair. He's putting him right on top of the crime scene. I mean, you just got to walk
across an open field and and you're at the scene where the murder [Music] was. So, we asked him, "What was he
wearing?" and he went on, he said he had a white t-shirt on and he had this lunch
bag in his hand. Oh, can you tell me about the lunch bag? And he said it was kind of cool, really. Investigators
pushed Eric to pinpoint where he last saw Derek and and that's when he got he started to get emotional. His his voice
started cracking. Um, he put his head down and he brings his fist up and his fists were vibrating
a little bit and he goes, "You think I killed him, don't you?" Myself and the other two investigators
are just like, "Wow." Eric asked to take a break and his father brought him a glass of Kool-Aid.
Just as we get back into it again about where he'd seen Derek again, he he grabs
the red Kool-Aid and just throws it on the ground. Now, we all knew that Derek, the boy that was killed, had red
Kool-Aid spilled all over him. You know, I'm thinking that, you know, this kid's
seen something that's very, very traumatic and and there's a block in there and and I can't get around it. The
next day, investigators asked Eric to get his bike and show them where he was when he saw Derek Roby. Okay, why don't
you go up here and you start? Investigator Wood was there. And as you can see from this police videotape, Eric
looks calm as can be. During the reenactment, I would have to say he enjoyed it. He was having a good time.
But it quickly became obvious that Eric could not have seen all that he described from the distance he claimed
to be. There was a discrepancy in Eric's story. Red Wilson, Grandpa. Eric's grandfather, Grandpa says the family
knew Eric was hiding something. In no way did we feel that he had done it. We felt that he knew something. Maybe
somebody had threatened him. That's why he wouldn't tell. 5 days after he was killed, Derek Roby
was buried in his baseball [Music] uniform. Just two days later, his killer confessed.
[Music] I was there. I was there when my grandson confessed. It was it was terrible. Family members sat
Eric down and begged him to tell what he knew. The truth was more terrible than they ever imagined. And he just said
what? I'm sorry, Mom. I'm sorry. I killed a little boy. Still hard to believe. Love you, Eric.
Love you, Larry. Love you, Eric. The question is, you know, to me, why? How? How
could take the life of a little boy? All rise. A year after Eric's confession, the question remains, what
could possibly compel this child to kill another? Does he know what he's done? Does he know what's wrong? A stricken
community is looking to this courtroom for an answer. The evidence that you're going to hear in this case is going to
be horrible. Will the trial of Eric Smith put an end to the mystery that began on August 2nd, 1993,
the last day of Derek Roy's short life. [Music] [Music] All rise. County court is now in
session. The honorable Donald G. Purple Jr. presiding. The trial of the people versus Eric Smith is finally
underway. He's about that tall. He weighed 40 lbs. Prosecuting attorney John Tunny. He lives four years and 10
months and that person killed him. Eric Smith choked and battered the young life
out of Derek Roby. Make a dad. In New York State, murder is the one crime for which a 13-year-old can be tried in
adult court. You're a father of five. That's correct. You must have thought about that. Must think about it in the
context of trying a 13-year-old son of another family. Yes. But you know where I first thought
of it was when I looked at four-year-old Derek Roby. The face of every one of my five
children was superimposed on that child's body. At the heart of this trial, the haunting
question, why did Eric kill? The fact is that Eric chose to do something horrible. Defense attorney Kevin Bradley
says there was no choice. Eric Smith suffers from a very serious mental disease. to pick this up and throw
this down on a little boy's head. Does that suggest calm, deliberate action, a plan? You're going to hear
testimony by people that say, "Eric just seemed like a normal child." And then the rage explodes. It does not diminish
the fact that he understood what he was doing. Tunny says it's murder, plain and
simple. something. Eric analyzed the situation and chose to do it. To help him with his case, Tony will be
calling on Derek's parents, Dale and Dorin Roby. She has to personalize the tragedy, the loss, the terror, to bring
Derek Roby, the person, into that courtroom. Describe Derek. Um, he was my cute little firecracker. But bringing Derek
Roby into the courtroom, come on, Derek. He was my little T-ball player. Very good athlete, is not going to be easy.
How did he get along with interact with people? Objection. Derek participated in
the in the recreation program. What was he participating in? I'm going to object
again at this point. The judge agrees and Dorene is not permitted to say much at all about Derek. Mommy kiss. I wish I
would have gotten a chance to talk about Derek a little more. You know, it really
wasn't fair that I didn't get to tell them what kind of kid he was. It's time for the defense to present its
case. Bradley begins by calling on two people who know more about Eric than anyone else. His mother, Tammy Smith,
and his stepfather, Ted Smith. County Court is now reconvened. The jury heard that as a toddler, Eric threw temper
tantrums and banged his head on the floor. He had speech problems. Leave me alone. Was held back in school and
relentlessly bullied. He would say things like, "I'm stupid. I'm nobody. I'm, you know, I'm never
going to be anybody." That kind of stuff. I remember him coming up to me in the kitchen. He was really upset and he
was crunching his fist and shaking and told me that he said, "Dad, I need help. I feel like I want to hurt somebody."
And he said, "Yes, I do. I want to hurt something." At one point he turned and told me that
he he did it. I asked him why and he just kept saying, "I don't know. I don't know." And he cried.
Defense psychiatrist Dr. Steven Herman diagnosed Eric with intermittent explosive disorder, uncontrollable rage.
People who have this disorder describe feeling as if they're about to explode. After the the episodic rage, the child
may appear to be quote normal. An expert for the prosecution disagreed with Dr. Herman's diagnosis. It's a rare disorder
uh rarely seen uh at the age that uh Eric is. What do you think is going to happen? and specialists from both sides
subjected Eric to extensive medical testing. Love you. They examined brain function, hormone levels, and found
nothing to explain his violent behavior. Because of the sexual nature of his crime, the question of whether
Eric was abused, was repeatedly raised at trial, but repeatedly denied. Did he indicate to you generally and
consistently that he had not been either physically or sexually abused? Yes, he has always indicated that. However,
there was testimony that Eric's older sister, Stacy Heavner, was sexually abused by their stepfather. He molested
me. I'd want to know if he was molested. There had been something bothering him.
Still, there was absolutely no evidence that Ted Smith or anyone else sexually abused Eric. Are there issues? Are there
problems? Sure. But it does not regularly produce killers. Did he know what he was doing?
Did he know when he was strangling Derek that he was strangling a child? And if he knew that what he was
doing was wrong, that he shouldn't have been doing it, then he can have every psychological psychiatric problem in the
world and he's still responsible for what he did under the law. Under the law. But what does the jury believe?
She thinks they have a verdict. All right. County court is now reconvened. So you find a defendant guilty of murder
in the second degree? Yes. Is that unanimous? Yes. Eric's parents, Ted and Tammy Smith, were devastated, convinced
their child was sick. Take the young man in custody. He would be sentenced to the
maximum, 9 years to life in prison. The murdered boy's parents, Dale and Darene Roby, cried with relief, not
knowing that they were being sentenced, too. The Robies, they're serving a life sentence. Mhm. Every time that inmate is
up for parole, they relive it. So, it's just a nightmare for them. It really felt like at, you know, at a certain
point, why do we have to? Wasn't the crime enough? [Music] Take the young man in custody.
When Eric Smith was sentenced, was there a sense now we can get on with our lives? You hear the nine years to life
and I think back then everybody was focusing on the life side of it. Dale and Darin Roby were relieved that the
boy who murdered their beloved son was locked away. We were still trying to get over our
loss. Then I think we almost got settled in for a year or two. Then it hit us. What hit them was the harsh reality that
Derek's killer would one day be eligible for release. Eric Smith's first parole hearing was in 2002. They could decide
that, well, now he's done his time and we're going to let him go. It scares the hell out of me. The
Robies weren't allowed inside the closed door hearing, so they wrote letters and
made home videos to remind the board about their Come on, Derek. Run. Devastating loss. It upsets me the fact
that we have to beg to keep this killer behind bars. Smith's parole was denied, but two years later, he was back before
the board. Hi, my name is Eric Smith. You first met me 11 years ago. In 2004, Smith was 24 years old.
This is a statement he read for our 48 hours cameras. I know my actions have caused a terrible loss to Nairobi family
and for that I'm truly sorry. I think that Eric Smith was incredibly troubled. Leave me alone. And I think that he was
a dangerous young man. Joanie Johnston is a clinical forensic psychologist. For more than 20 years, she's been
evaluating inmates who are up for parole. When we're looking at a very inexact science, if you will, trying to predict
whether somebody is dangerous, it's like balancing a scale. Are we willing to take a risk? Johnston has never met Eric
Smith, but we asked her to look at his case. I don't see Eric Smith at all as a kid who snapped. I see him as a kid who
escalated. What's your name? From hurting animals starting at around age 11 and who eventually progressed to
hurting a child. She also read transcripts of his parole hearings. 2004 was really the most frightening.
This is somebody who goes into a tremendous amount of detail in terms of what he did
back then. John Tunny shared some of what Smith told the parole board. Question. You convinced him to go to
this field. What did you do next? Answer. Put my hands around him and strangled him. All these years later,
Eric Smith's words are still chilling. When you were doing that, was that something that gave you a good feeling?
Answer at the moment it did. Yes. Probably the most significant and frightening thing is this is the kid
where the narrative seems to have been this kind of rage or this person's inability to control his anger. And yet
the emotion he expresses is pleasure or enjoyment. Question. Why do you think that was? answer because of instead of
me being hurt, I was hurting somebody else. Growing up, I was always picked on, disrespected, made fun of. Eric was
tired of being the victim in his mind, and he wanted to see what it felt like to be the victimizer.
There's a question, Mr. Smith. If you had not admitted to someone that you had done this, do you think it would have
been a fair statement to say that you probably would have done it again? Answer, yes. That confirmed Tunny's
belief that Smith at 13 was a budding serial killer. I was afraid then and frankly as I sit
here now, I think that Eric Smith may very well have done it again because it was such a positive experience for
him. It made him feel good. He got a lot out of it. Had he not been identified, he wouldn't have paid a
price. The parole board's decision in 2004 was no surprise. But for the Robies, there was always another hearing
looming. Must have felt like a weight hanging right over your head. Yes. There's all of these really happy times
that are supposed to happen throughout your life, but there's always that. We always got a letter about 3 or 4 months
prior to that. Ours always fell around Christmas. you know, here putting the Christmas
tree up and we're reading this letter that here we go again. It just made me angry.
It was understandable that, you know, they would never want me to be out in society. This is Eric Smith in 2009. Say
to him, just months before his fifth parole hearing. My anger wasn't directed at Derek at all. It was directed at all
the other guys who used to pick on me. And when I was torturing and killing Derek, that was what I saw in my head.
Smith, almost 30, was interviewed by WNY TV as he prepared to face the board. The
only thing that I can say to him is I'm not the same person. There's not a day that goes by in some way, shape,
or form that I'm like forced to remember what I did. I'm automatically thinking I
killed Derek and the pain that I caused day on the door memorial. The problem is how sincere is it versus
how contrived or calculated it is. I certainly can't tell as I sit here. You can't? No. For us to have any real hope,
he has to be accurate when he says, you know, I'm different. I'm self-aware and I have every reason in the
world to behave. It's not a question of does he believe it? Right. Is it true? Is it accurate? Exactly.
I did kill Eric and for that, you know, I am sorry and there's nothing I can do to bring him back. I mean, if I can
switch places with him and take the grave for him to live, I'd do it in a second. Remorse is important for sure.
Joanie Johnston also wants to know if it's the truth, but cautions that expressions of remorse at a parole
hearing can be difficult to judge. Is it genuine remorse? Let me tell you, there
is no psychological test. There is no face. There is no behavioral indicator of remorse. We don't really know if this
remorse is real. The parole board in 2010 turned him down again. But as the years passed, Johnston says Smith seemed
to be changing. You're starting to see some compassion from him for other people. So, I'm
seeing a little bit of hope from him. Is Eric Smith growing or is he simply refining his message? I think both.
Certainly parole boards have to always separate that out, which is why they're not just relying on what this inmate is
saying in the parole hearing. You know, thank the Lord. They're going to be looking at all this person's history.
What has this person done or or not done in the two years since he's been here? They're looking at the parole interview
as one piece of that puzzle. But for the Roies, decades of endless parole hearings have taken a toll. It's
not fair that we have to keep doing this. Did you ever lose the energy to keep going with this? I I can't anymore.
Yeah. That I mean, he would say, "But we're doing it for him in his memory." And I'm like,
"You're right." And I know that some people probably think, "Geez, you should just get over this." and and move on.
But any parent that has ever lost a child knows that you don't ever get over it.
On October 5th, 2021, 41-year-old Eric Smith went before the parole board for the 11th time.
You have somebody who's completed a ton of programs. He's got some more educational goals. his risk is low
according to risk assessment that have been done. Smith even told them he was engaged. He says his fiance was studying
to be a lawyer and wrote him asking about the juvenile justice system. Over time, he says they ended up falling in
love. Eric Smith at 13 is not the same person that he is at 31 or at 41. He has changed. We all change. You kind of go,
what else can he do to prove that he is no longer a danger to society? Now we're
at the point where it becomes, is this about punishment or about rehabilitation?
Breaking news. The Savona man who killed a 4-year-old boy in 1993 has been granted parole. Dale was at work when he
heard the news he'd been dreading for so many years and called Dorene. We found each other on the porch and gave each
other a hug. I have some sympathy for the people who are called upon to make that decision
and that's why I have such hope that they're right. At the end of the day, still a little bit of a gamble. Oh, no.
No. It's a huge gamble. This parole decision is a high-risk enterprise to be sure.
[Music] [Music] We are here as a community to stand together for justice for Derek Roby and
Dale and Dory Roby. Weeks after Eric Smith was granted parole, dozens gathered in Savona to
peacefully protest his release. They wanted to remember Derek because all the attention was now on Eric being
released, so they didn't want people to forget. It was very touching. Many in Savona feared Smith wanted to
move back to live with his mother. I wasn't so much worried about us as I was everybody else. I just knew where a lot
of the people in town, the village stood. You know, we don't want him here. We better not send him here. And the
parole board agreed. Smith's release was delayed for months until approved housing was found for him in Queens, New
York, more than 200 miles away from Savona. This is breaking news from News 8. Eric Smith, who's been behind bars
for nearly three decades, is no longer in prison. And then on February 1st, 2022 after being locked up for 28 years,
Eric Smith quietly slipped out of Woodburn Correctional Facility, out of view of cameras, a free man. I
understand why after so many years they decided to give him a chance. And that's fine, you know, for
him. him and his family. It would begin a new chapter for the Roies who had fought for so long to keep
Smith in prison. You know, he's been released, but in a way, so have we. No more parole. I can get on
with our lives. Now, the true healing can begin. Dorene says part of the healing process
has been letting go of her anger. I would rather laugh than cry any day of the week. If you let it, it's going to
eat you alive. The anger. Yes. The Robies say they choose not to think about Eric Smith, but instead focus on
friends and family, especially their son Dalton, now 30. You have to find the joy
in life. You have to enjoy each other because life is way too short and just [Music]
live. August 2nd, the day we lost him, we always try to go do something fun. White ice cream with
sprinkles. That's what Dererick called vanilla. So we try to do a wherever we are, we have to go have
Mhm. We have to go find ice cream. Even though it's sad, it's happy, you know. As for Eric Smith, since his release,
we've been unable to contact him. But in 2009, he told WNY TV he had big plans for his future. I want to, you know, get
married, raise a family, you know, hold down, you know, a job, pursue the American dream.
He also said he wanted to counsel kids who've been bullied just like he had been. The question is, will Eric Smith
be a success story or somebody that we're pointing to and saying system blew it with that one? That's that's exactly
right. I keep going back to my hope. Time will tell. Back in the summer of 1993, to honor
Derek Roby, volunteers, including Eric Smith's greatgrandfather, bulldozed the scene of
the crime and put in a new ball field in memory of the little te-ball player. Watch the ball, hun.
Today, up on the hill watching over the field is a statue of Derek. It was sculpted by Dorene's uncle and funded by
people from all over the country. Dedicated to be a gentle reminder of what childhood is meant to be. Derek J.
Roby. All right, here comes the little bear. I love that he's the only person in town
that has a statue. A lot of people called him the mayor of Savona because he was
busy on the corner. He's pretty well known at four years and 10 months. Yes. He just he was so much fun. He he
just was a great kid. [Music] 48 hours. Don't miss an episode. [Music]

“48 Hours" reports on cases involving killers and potential second chances. Watch the YouTube mini-marathon, which includes "Justine’s Voice," "The Boy Across the Street" and "Eric Smith: Gambling on a Killer."

00:00 Justine’s Voice 42:01 The Boy Across the Street 1:23:50 Eric Smith: Gambling on a Killer

Crime. Social justice. Impact. "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.

For video licensing inquiries, contact: licensing@veritone.com

Brief Summary

Justine Vanderhoot's disappearance leads to a murder investigation, revealing the emotional struggles of her family and ongoing legal battles for justice.

Key points

The Ongoing Fight for Justice. The Vanderhoot family continues to fight for justice 20 years after Justine's murder.
The Chilling Confession. Danny admits to strangling Justine, revealing a twisted mindset.
Justice Served, But Elusive. Danny and Brandon are arrested, but the fight for justice continues.
The Courtroom Drama. Brandon's plea for a reduced sentence leads to intense courtroom battles.
The Solano Family's Journey. The Solano family embarks on a decades-long battle for justice after the murder of their daughter, Kina.
The Threats Ignored. Kina's sisters reflect on the signs they ignored regarding Steven's threats before her murder.

Episode highlights

Episode quotes

She was a spark in our household, that's for sure.

Justine's sister describing her vibrant personality.

6:14WatchMay 17, 2025

Tension

75/ 100High tension

More from 48 Hours

Solve the Crime

Read a real case one clue at a time, then see how your call held up against the investigators.