Unsolved Mysteries with Dennis Farina - Season 5, Episode 8 | Forensic Files

DENNIS FARINA (VOICEOVER): Next on "Unsolved Mysteries," witnesses say veteran rider Shelly Malone
was trampled by her own horse. Her family believes it was all a cover-up for murder.
Phone calls, threatening messages, and violence-- a husband and wife are terrorized in their own home.
After a seven-year-old girl is strangled to death-- Dave, call the police! DENNIS FARINA (VOICEOVER): --her grieving parents must
stand trial for her murder. And the war in Vietnam separates a father and a son for nearly 20 years.
Our team is standing by. Perhaps someone watching can help solve one of these cases.
Perhaps it's you. I'm Dennis Farina, and this is "Unsolved Mysteries." [theme music]
DENNIS FARINA (VOICEOVER): Just outside The Plains, Virginia, paramedics rush to a remote meadow.
37-year-old Shelly Malone, an accomplished horsewoman, has been badly injured in a riding accident.
As paramedics struggle to save Shelly's life, her boyfriend, George Carhart, and two other friends
can only stand by helplessly and watch. One of them, Erica Stumvoll, is the only witness
to the accident. She reports that Shelly's horse stepped on her and kicked her repeatedly.
One blow was apparently powerful enough to rupture Shelly's heart. She died later that day.
According to the coroner, it was an accidental death. People in horse country tend to accept
occasional accidents as part of their lives, but not Shelly's family. They believe that she was murdered.
PROF. THOMAS HARDY: I know that that accident is most improbable, if not impossible.
In an open field, for a horse she loved and loved her to step on her squarely and on the chest after he had thrown her off,
this is impossible. DENNIS FARINA (VOICEOVER): To Shelly's family, it seemed an impossible scenario for such an experienced rider.
Shelly had been around horses since she was a young child. Shelly was born loving horses.
When she was six or seven, she'd tell me she was going to marry a horse when she grew up.
So she never, ever lost her interest in horses. DENNIS FARINA (VOICEOVER): Shelly
rented a small house in the country, a perfect place to stable her two horses. At the time, she was dating George
Carhart, who lived in New York and came down frequently to visit. Here you go. Move your chin.
There you go. DENNIS FARINA (VOICEOVER): However, Shelly's mother claims that after two years, Shelly had
had enough of George Carhart. The relationship was strained. She had relayed to my husband and myself
that she was bringing this relationship to a close. DENNIS FARINA (VOICEOVER): Two days before she died,
Shelly allegedly had a romantic encounter with a local attorney. Shelly's family believes George Carhart
found out about that affair when he came to visit that final weekend. GEORGE CARHART: Carter and I are gonna go chop some firewood.
Uh-huh. And we'll have dinner when you guys get back. - OK, great. - OK? Sounds good.
DENNIS FARINA (VOICEOVER): On Sunday afternoon, Shelly went riding with Erica Stumvoll.
George Carhart and Carter Wiley, Erica's boyfriend, stayed behind at the house. Erica has issued only one official statement
about the day's events, a written document she prepared and delivered to the police.
These are selected portions of her statement. ERICA STUMVOLL (VOICEOVER): "We alternately
walked, trotted, and galloped the horses through several fields and trails. We were approximately 100 yards into a new field
we had just entered. We were walking the horses side by side to cool them down. Unexpectedly, both horses spooked or started.
I was thrown and fell off to the left of my horse. I was not seriously injured. I sighted Shelly about 30 feet away."
Shelly! [screams] ERICA STUMVOLL (VOICEOVER): "The horse stepped on her legs, face, and head,
kicking her head as he did so in an apparent attempt to get away. As the horse moved away from her--"
Shelly! ERICA STUMVOLL (VOICEOVER): "--I immediately ran to her." Shelly? Shelly?
ERICA STUMVOLL (VOICEOVER): "I checked her pulse and looked in her mouth to see if there were any obstructions.
I noticed her left cheek was turning purplish blue, which I assumed was the result of the horse stepping
on her face." I promise, I'll be back as soon as I can, all right? I promise. ERICA STUMVOLL (VOICEOVER): "Fearful of a head injury
as a result of seeing the horse kick her in the head, I then concluded that the best thing to do
was try to seek medical help." DENNIS FARINA (VOICEOVER): Erica says that she got lost trying to find help.
It would be an hour and a half before paramedics finally reach Shelly. Later, George Carhart called Shelly's mother in Florida.
FRANCES SHEWAN: When the phone rang, he said, Shelly's had an accident. I expected him to say she slipped and broke
an arm or a leg or something. And I said, what kind of an accident? And he said, she's dead.
DENNIS FARINA (VOICEOVER): Shelly's family left Florida and hurried to Virginia.
They say they were shocked by what they saw at the morgue. Shelly looked like she had been in a fight
rather than a riding accident. FRANCES SHEWAN: One of the clerks there showed us a Polaroid of my daughter's face.
It was so battered and so swollen, her eyes were black and blue, that I didn't recognize her.
DENNIS FARINA (VOICEOVER): The coroner ruled Shelly's death an accident, but other events made Shelly's family even more suspicious.
Two days after Shelly's funeral, family members visited her house. George Carhart was there.
JEFFREY R. MALONE (VOICEOVER): There was a pickup truck backed up to the front porch, and there were
some large pieces of my sister's furniture on there. And they were moving stuff out and loading bags
up with her clothes and her belongings. DENNIS FARINA (VOICEOVER): Shelly's mother
says she argued with Carhart about Shelly's belongings. I just wanted to get rid of--
FRANCES SHEWAN: He said, all of her clothes will go to charity. And I said, we have made no arrangements
to do anything of the kind. And as these black garbage bags were going down the stairs with her belongings in them,
I was pulling them back up the stairs, and we were, like, having a tug of war with these bags.
Hey, here's one. Another one. DENNIS FARINA (VOICEOVER): Apparently, the clothes
Shelly was wearing when she was killed had been tossed into the dump. Shelly's family was unable to find them.
And then there was Shelly's truck. Her family found what they believed to be bloodstains inside.
They asked a Florida detective to test them. DET. TONY LEWIS: I did a field test to tell
whether or not it was human blood, and the field test was positive. From the angle where the blood was on the passenger seat,
it appears that it came from a head wound. DENNIS FARINA (VOICEOVER): Shelly's family took
the truck back to The Plains. They turned it over to local authorities, who performed routine blood tests.
However, the sheriff's office claimed that they didn't have the budget to do DNA comparisons.
What would DNA tests have revealed? If the blood in Shelly's car was her own, it could suggest that someone used the truck to move Shelly.
But according to the official scenario, only paramedics had moved Shelly after her fatal injury,
and they used an ambulance. Shelly's family has tried to keep pressure on authorities with newspaper
ads, letters, and phone calls. They want a full investigation, which they believe
will prove Shelly was murdered. FRANCES SHEWAN: I can only think that an argument came
about between Shelly and George or Shelly and Carter Wiley, I don't know which of the two.
I think it wasn't a planned thing. I think one of them struck her and killed her
or felt that they had killed or felt that they had maimed her in a very serious way.
And I think the rest of the scenario that we've been told is simply that, a scenario.
The element of the story that raises questions in my mind are a horse stepping on its rider in an open field.
It's hard to imagine a horse intentionally or accidentally stepping on someone in that situation.
I've talked to medical men who say a man with a big fist could strike a girl weighing 104 pounds
and just with the force of his hand sever that ventricle. So once that had happened and she was unconscious or dead,
what could they do? So you take the shoe off of the horse, ram it onto a four-by-four, and then with all the force
you have plant a hoofprint over the heart. DENNIS FARINA (VOICEOVER): The case of Shelly Malone is considered close by local authorities.
The sheriff's department in Fauquier County, Virginia, issued a statement in response to our story.
Quote. End quote. If you have any information regarding this case, please log on to our website at Unsolved.com.
Next, when a family is victimized by threats and harassment, everyone is a suspect, even
the family members themselves. Massillon, Ohio. Dorothy and Bill Wacker have lived
in this small Ohio town for most of their 48 years together. They were quiet, unassuming people
who tended to mind their own business-- hardly the type to draw the wrath of an unseen enemy.
Bill? DENNIS FARINA (VOICEOVER): But one day, Bill and Dorothy found their house completely ransacked.
BILL WACKER: Sheriff's department? Yeah, this is Bill Wacker. DENNIS FARINA (VOICEOVER): It was the third incident
in a cycle of harassment and attacks that would last nearly a decade. Well, as far as all this harassment is going on-- which
to me, it looks like it's trying to force us to move-- why should I move? Why should we move?
Why should we be forced out by a kook? Understandably, Bill and Dorothy were alarmed when
they first came under attack. But even after years of continuing harassment, they still didn't know why they had been singled out.
All they knew for sure was that the incidents showed no signs of stopping. [knocking]
DENNIS FARINA (VOICEOVER): Six months after the house was ransacked, Dorothy was home by herself.
Come on in. DENNIS FARINA (VOICEOVER): She let a young man come in to use the phone.
DOROTHY WACKER (VOICEOVER): Anybody come to the door, we didn't believe the worst of them,
so we did what we had to do. If they wanted help or anything, well, we always helped them.
YOUNG MAN: Right on South Erie. DOROTHY WACKER (VOICEOVER): He was talking on the phone.
But like I say, I didn't pay no attention to him. I don't listen to people's conversations
when they use the phone. Thanks. DOROTHY WACKER (VOICEOVER): And he said, thanks very much,
and that's the reason I thought he'd left. Well, the next thing I remember, I woke up on the floor tied up.
[moaning] I know he hit me in the head, and he hit me alongside the jaw. [screaming]
And finally, I got over towards to the kitchen window. And there it was open, and I got the neighbors to hear me
over there, and they come over. DENNIS FARINA (VOICEOVER): Bill returned home to find
his house swarming with police. Luckily, Dorothy was not seriously injured. She's all right?
DENNIS FARINA (VOICEOVER): When he searched the house, Bill discovered that some personal items were missing.
The assailant had taken a .22 caliber revolver, an antique watch, a camera, and a radio scanner.
He left behind a cryptic message scrawled in crayon. SHERIFF W. BRUCE UMPLEBY: The words
were "Cheaper, but will do." There's no connotation, there's no rational be-- rationale behind that message that we can understand.
DENNIS FARINA (VOICEOVER): The suspect never reappeared. But surprisingly, most of Bill and Dorothy's missing
possessions did. Bill says that about four months after Dorothy was assaulted, the gun turned up on the front porch.
And then one by one, the other items also reappeared. BILL WACKER: I couldn't figure it out.
I still can't figure it out, why it was brought back. If somebody would steal something,
normally they're gonna, if they don't have any use for it, they're gonna sell it to somebody else.
And it just looked like this stuff was laying around till it was brought back. This is extremely unusual, if not very rare.
In all my years in law enforcement, I have never known of a gun being returned after it was stolen.
[phone rings] DENNIS FARINA (VOICEOVER): Next, the harassment began to include phone calls.
Hello? DOROTHY WACKER (VOICEOVER): Sometimes, he wouldn't say anything. He'd just breathe real deep.
And then the next time, well, I'll knock you in the head and lay you out and do this to you and do that to you.
Who is this? DOROTHY WACKER (VOICEOVER): I was angry, and I was scared. They changed their telephone number several times,
and whoever this is that's harassing them has come up with the number. Now, how they found it, I have no idea.
DENNIS FARINA (VOICEOVER): According to Bill and Dorothy, the calls never let up, and the mysterious assailant
moved closer. [banging] Bill, what's that? I don't know, but I'm darned sure gonna find out.
Bill! After all this time, I'm gonna-- no, I've had it! I don't want you going out there, Bill.
Bill! BILL WACKER (VOICEOVER): I'd rush outside, never see a thing, never hear a thing, never hear a car,
never hear a noise whatsoever. We got to the point that we figured that we needed
some kind of security light outside in the front, which we put up. DENNIS FARINA (VOICEOVER): From time to time,
handwritten notes showed up on the Wackers' front porch. Some were threatening, others simply mocking.
All were alarming. But at least Bill and Dorothy finally had tangible evidence to show to the police.
Bill? SHERIFF W. BRUCE UMPLEBY: It would appear that the person that wrote these notes
may have been using the opposite hand from what they're normally used to writing with, that whoever printed them went
to some pains to try to conceal their normal handwriting or printing techniques.
To date, we have found no latent fingerprints or any other foreign material on the evidence
that's been submitted. DENNIS FARINA (VOICEOVER): Finally, the mysterious assailant became violent.
[sirens] This time, Dorothy was raced to the hospital with skull lacerations. Desperate to find a witness, police once again
searched the neighborhood. Do you have any idea who may be prowling around the Wacker residence?
We've interviewed the neighbors on numerous occasions, and none of the neighbors
have yet been able to provide us with any information which would lead us to believe that there was a person there.
Nobody has ever seen anybody, which is-- that's very frustrating to us and our efforts.
DENNIS FARINA (VOICEOVER): With no suspects and no clues, the lead detective had to consider
every possible scenario. He had a straight talk with Dorothy. He says, I'm going to ask you a question.
But he said, I don't want you to take it the wrong way. He says, do you think your husband could have done this?
And I said, no way. I said, he wouldn't do something like that. He says, we've got to explore all possibilities.
She says, no. Which, why should I do something like that after being married 48 years, you know?
The problem with this is, you cannot identify the motive. You can't identify the reasons behind the activity
that's going on out there. DENNIS FARINA (VOICEOVER): After years of harassment,
Bill and Dorothy decided to stake out their own house. Bill hid in a trailer parked in the driveway.
Across the street, his sons-in-law, Dan and Clay, watched from a van. Clay's wife, Kathy, stayed with Dorothy in the house.
The family communicated by walkie-talkie. Yeah, it's all quiet in here. DENNIS FARINA (VOICEOVER): They waited for almost four hours.
Around 10:30 PM, they decided to end their surveillance. And all of a sudden, we heard bump-bump-bump-bump.
[banging] I said, there's something on the front porch. No, we can't see anything.
DENNIS FARINA (VOICEOVER): The intruder had somehow found a blind spot in the stakeout.
It's got a note on it. We never saw him come from anywhere. DENNIS FARINA (VOICEOVER): The scrawl was all too familiar.
The note simply read, "Get the message." BILL WACKER: Ah, come on. Let's go in the house.
DENNIS FARINA (VOICEOVER): Violent assaults, threatening notes, upsetting calls.
Bill and Dorothy remain as mystified today as when their troubles first began. If he's not harassing us or threatening us,
he'll probably be doing it to somebody else to get his kicks. I think that's what it boils down to.
He gets a heck of a big kick out of it. DENNIS FARINA (VOICEOVER): If you have any information
regarding this unusual case, please log on to our website at Unsolved.com. Next--
Jaclyn? DENNIS FARINA (VOICEOVER): --the tragic story of a couple charged with the murder of their own daughter.
It was just an ordinary Saturday morning in Midlothian, Illinois. David Dowaliby and his son, Davy, were up early.
Hey, kiddo. DENNIS FARINA (VOICEOVER): Two hours later, David's wife, Cynthia, went
to wake up their seven-year-old daughter, Jaclyn. Hey, Dave, have you seen Jaclyn?
DENNIS FARINA (VOICEOVER): At first, David and Cynthia assumed that Jaclyn was out playing with friends
in their neighborhood. Jaclyn was Cynthia's daughter from a previous marriage and had been legally adopted by David.
After thoroughly searching the house, David took his son with him to look around the neighborhood.
Hey, Paula, you haven't seen Jaclyn around here, have you? No, not this morning I haven't.
I had checked two or three homes, and then we went out in my truck. And we drove around the neighborhood,
going to friends who lived a little further down and just, you know, driving around the blocks
and getting out of the truck, looking in backyards where there was swing sets. Jaclyn?
Jaclyn? Jaclyn? Jaclyn? CYNTHIA DOWALIBY (VOICEOVER): I started to get more nervous.
I started to walk quicker and call louder. But I went back into Jaclyn's room, and I noticed that her comforter was missing
and that it was very unusual for her comforter to be missing, because she doesn't play with it.
- Did you find her? - No. We've been to every house in the neighborhood. No one's seen her.
I've been through the whole house. She's not there. And her coat's gone. Do you know where that is? - No.
All right. Well, I'm gonna go check the Morgans. CYNTHIA DOWALIBY (VOICEOVER): I was cutting through my yard
to look into my neighbor's backyard, and that's when I noticed the window. DENNIS FARINA (VOICEOVER): The window to the basement
of their home was broken. It appeared that someone had used it to get into their house.
Dave, call the police! Is this a picture of Jaclyn? Yes. Do you mind if I hold on to it?
No, it's OK. DENNIS FARINA (VOICEOVER): Within hours, their home was swarming with police and FBI agents.
They assumed that Jaclyn had been kidnapped and set up equipment to record any ransom demands.
But no one called. OFFICER: Would you like to sit down or something? No, it's fine. What else, what else?
What time did you get up this morning? DENNIS FARINA (VOICEOVER): Although investigators viewed
the case as a possible kidnapping, they also looked at Cynthia and David as suspects in their daughter's disappearance.
Your wife was still asleep? She was still asleep. Isn't that kind of strange? I mean, I know--
DAVID DOWALIBY: It was hard answering their questions, because telling the police that you woke up around 8:00
isn't good enough. They wanted us to get it as close as possible. And so we were forced to try to get really close to times
when really all that was on our mind was Jaclyn. I didn't want them asking me questions,
although you answer them as you're walking past them and pacing. But it was just totally chaotic, and the repeated questions of,
what did you do in the morning, it seemed so senseless. Because I said, you know, where's my daughter?
Just find Jaclyn. That's all I wanted them to do. - Yes. All of her girlfriends--
Yes, we did all this! I know they'll tell you that they felt as though they were being harassed and being accused.
I think any reasonable individual has got to, got to understand that you're in the house,
your daughter is missing, you're a suspect. DENNIS FARINA (VOICEOVER): Investigators
directed their attention to the broken basement window. Shards of glass on the towel rack.
DENNIS FARINA (VOICEOVER): At first, they believe it had been smashed by someone on the inside, someone
trying to make it look like an intruder had broken into the house. AGENT: People call you David?
DAVID DOWALIBY: Yes. AGENT: Are you over 21 years old? Yes. DENNIS FARINA (VOICEOVER): On Sunday, the day after Jaclyn
disappeared, David agreed to take a polygraph test at FBI headquarters in Chicago.
Did you help or plan with anyone to cause Jaclyn disappearance? No. DAVID DOWALIBY (VOICEOVER): They asked the agent next to me
if I passed, and he said I passed with flying colors. DENNIS FARINA (VOICEOVER): Three days passed,
and police still had no leads. I remember the days were very long. You know, the days seemed like weeks.
And in the night, Cindy and I would be in the room trying to imagine where she might be.
You know, I just remember that's all that was on our minds, is trying to figure out where she could be.
DENNIS FARINA (VOICEOVER): Once again, they asked David to take a lie detector test.
Of course, I wanted to know why and what was wrong with the first one. And their answer was something to the effect
that, well, the state likes to use their own. DENNIS FARINA (VOICEOVER): The results from the second test
were inconclusive. The report said that David was an uncooperative subject. According to David, the agent said
that to set up the polygraph machine, he wanted David to answer only "yes" to test questions.
DAVID DOWALIBY: In other words, he wanted me to lie so he could see how his tests
would result in me lying. And I said OK. And, like, the second question he asked me was,
did you kill your daughter? And he wanted me to answer "yes" to that. And I told him, I can't do it.
And he got into an argument with me. He was turning red in the face. And he said, we have to do it this way.
You have to, you know, lie. And I don't mind telling him my name is not Dave Dowaliby,
and I don't mind some things. But I told him, I can't say "yes" to a question like that.
DENNIS FARINA (VOICEOVER): After the second test, police interrogated David for five hours.
Finally, an officer interrupted. We think we've found Jaclyn. Is she OK? I'm sorry.
She's dead. DAVID DOWALIBY (VOICEOVER): I was convinced that these police were lying to me about my daughter's
death as a last ditch effort to try to get me to confess to something. You liars.
DENNIS FARINA (VOICEOVER): When David returned home and saw his wife and mother, he knew that the police
had told him the truth. [sobbing] DAVID DOWALIBY (VOICEOVER): Cindy was on the couch crying,
and I ran up to her and I asked her if it was true. And she said, yes, we lost our daughter.
No! The feeling was-- well, it can't be-- like, it's impossible. It's just too much of a bizarre nightmare,
you know, to be real. And you feel like it must be a dream. It was hard to accept, very hard.
Oh, Jaclyn. CYNTHIA DOWALIBY: The first thing I said was, who did it? Who would do this?
I can't explain how I felt, because I-- I think I went into shock. Because I just laid on the couch crying.
DENNIS FARINA (VOICEOVER): Four days after Jaclyn disappeared, her body was discovered in a vacant field in the next town.
At the scene were the comforter from her bed, her nightgown, and a 26-foot length of rope that had
been wrapped around her throat. An autopsy was unable to determine when Jaclyn had been murdered.
Seven days after her disappearance, she was laid to rest. The investigation now included the Illinois State Police,
the Midlothian police, and the police in Blue Island, were Jaclyn's body had been found.
For two months, they collected the evidence and built the case against the Dowalibys.
Finally, David and Cynthia were charged with Jaclyn's murder. For a parent, there is nothing worse than discovering that
your child has been murdered-- except, perhaps, discovering that you've been charged with the crime.
When we come back, the surprising verdict in the trial of David and Cynthia Dowaliby.
DENNIS FARINA (VOICEOVER): At the time of their arrest, the Dowalibys stood alone against the media,
the police, and many of their friends and neighbors. All were convinced that the couple
had murdered their daughter. The Dowalibys continued to insist that the real killer
was still on the loose. David and Cynthia went on trial for the murder of their daughter, Jaclyn.
All rise. DENNIS FARINA (VOICEOVER): The prosecution built its case largely on circumstantial evidence.
Could you tell us what the car looked like, sir? It appeared to be a dark-colored, late-model--
DENNIS FARINA (VOICEOVER): One prosecution witness, a transit worker named Everett Mann, picked David
Dowaliby out of a photo lineup. He claimed that he saw a man with a prominent nose
like David's in a parked car near the site where Jaclyn's body was discovered. Did your make out any features of that person?
Yes, it was the nose structure. LAWYER: Could you tell whether it was a man or a woman?
Everett Mann's claim was that from 75 yards away-- three quarters of the length of a football field--
on a moonless night in a dark parking lot, he saw a profile of a nose structure that resembled David
Dowaliby's nose structure. I've been there. The police have been there. Every rational person knows that that's
a physical impossibility. The photo spread that Everett Mann was shown was five photographs, all of white males, all frontal.
He saw the man in the parking lot from a side view. Also, David Dowaliby's photograph
was 30% larger than the other four photographs in the spread. So therefore, by definition, David Dowaliby's nose
was the largest. If he saw a very large nose, he picked out David Dowaliby's photograph because that was the largest
nose in the photo spread. Didn't mean that he saw David Dowaliby. DENNIS FARINA (VOICEOVER): Another central issue
in the prosecution's case was the broken basement window. The entire law enforcement investigation in this case
was based on a faulty assumption, namely that the basement window had been broken from inside
as part of an effort by the Dowalibys to cover up a crime that they had committed.
Well, it turned out that they had already arrested and indicted that the Dowalibys
before the official forensic report came back on the window, which conclusively showed that they
had been wrong and that the basement window had indeed been broken from the outside.
But by that point, there was no turning back. DENNIS FARINA (VOICEOVER): The prosecution also questioned
whether it was possible for someone to enter the house without disturbing the items that were
sitting beneath the window. I found it very difficult to believe the theory that someone
would break in a window in the middle of the night and traverse over a nightstand, a towel
rack, a TV tray, makeup and nail polish and not disturb anything. It's incredible to imagine someone even
kicking in a window and making that kind of racket in the middle of the night knowing
there were people in the home. DENNIS FARINA (VOICEOVER): To prove that such an entry was
possible, David himself shot this video of a neighbor crawling through the window.
The prosecution was telling the judge and the media that if someone were to come in, they would have to step
on this towel rack and bend it. So we put the towel rack under the window, and we had my neighbor crawl in while we
were shooting it with a camera. And what happened is he slid in on his belly, and right before he got to the towel rack,
he wedged his foot on the wall and held himself out, hanging off the window ledge.
So we proved it to ourselves, and we tape recorded it so that if there was the chance,
we could prove it to others. I ask that the indictments against David and Cynthia Dowaliby be set aside for a lack of evidence.
DENNIS FARINA (VOICEOVER): The Dowalibys never testified on their own behalf. Before closing arguments, the judge
addressed attorneys from both sides without the jury present. It's my position that there is sufficient evidence
for David Dowaliby's case to go to the jury. AUDIENCE: [gasps] As to Cynthia Dowaliby, and as a legal matter,
I am ruling that there is insufficient evidence for her case to go to the jury. [gavel banging]
The court was adjourned for a while, and we just kept telling David in the hall that he was next
and he was next, that this is obviously where the jury's heading now. Have you reached a verdict in this case?
JUROR: Yes, Your Honor, we have. DENNIS FARINA (VOICEOVER): The jury deliberated for three days
on the fate of David Dowaliby. DAVID DOWALIBY (VOICEOVER): I was really up. I felt for sure we were going to get a not guilty verdict.
Will the defendant please rise? You know, of course, I'm so anxious. I was trying to read into the judge's eyes,
into his reaction of what it could be. But I was getting nothing. We, the jury, find the defendant, David Dowaliby,
guilty of murder in the first degree. We, the jury, find the defendant, David Dowaliby,
guilty of concealment of a homicidal death. [gavel banging] DAVID DOWALIBY: I think I went into shock.
I wasn't even conscious of anything around me. It was unbelievable. It didn't matter what happened to me at that point,
because I really wasn't there, even though I was. DENNIS FARINA (VOICEOVER): David Dowaliby
was sentenced to 45 years in the Stateville maximum security prison in Joliet, Illinois.
But even as David began serving his sentence, a grassroots movement was being organized
by Cynthia and friends of the family to reverse the decision. Their efforts caught the attention of Chicago
journalist David Protess. In a series of newspaper articles, he criticized the official investigation.
Well, Carol, the Dowaliby trial ended in a split decision because it was a circumstantial case.
There was no physical evidence that either-- DENNIS FARINA (VOICEOVER): Later, television reporter
Paul Hogan joined Protess in a series of investigative requests. PAUL HOGAN (VOICEOVER): Our expert
says the state police evidence technician, whose primary job was to seek out and collect all physical evidence,
should have immediately collected and inventoried the glass. Instead, he waited three days and then had to retrieve it
from a trash basket. He should have collected and reviewed-- DENNIS FARINA (VOICEOVER): The news
reports shifted public opinion and triggered a surprising turn of events. Is he just about out?
He's just about ready to come out. Wow, that's great. Did you get a call or something?
Did he call? Yes, we just got the phone call. DENNIS FARINA (VOICEOVER): The Illinois Court of Appeals
unanimously overturned the verdict and dismissed David Dowaliby's case. He was released from prison after serving 18 months.
Today's not a day to be bitter or to look back. I'm just looking forward to seeing my family.
So maybe in a few weeks or so once it's sunk in, I might look back and decide what to do next.
CYNTHIA DOWALIBY: We're left with the mystery of what happened to Jaclyn. And we wonder all the time, what could have happened to her?
Who could have hurt her? You know, we just want the ability to try to go on, but we want to find out what happened to Jaclyn.
We want justice. DAVID DOWALIBY: What it all boils down to is we lost a precious little girl, and nothing beyond that
is as bad as losing Jaclyn. Going to prison, being accused of this crime, it's all bad.
But it doesn't compare losing Jaclyn. So, you know, that was the hardest part of it
all, and we keep falling back on the same-- on Jaclyn. DENNIS FARINA (VOICEOVER): Update.
After we aired this story, two viewers called our phone center with crucial information about a possible suspect in this case.
The investigation was reopened. However, no charges have been filed, because there is not enough evidence to make an arrest.
Nevertheless, these developments led the State of Illinois to officially exonerate David Dowaliby for this crime.
Next, an immigrant searches for both his father and his son, a journey that lasts more than 50 years.
Our next story profiles three generations who were separated by the upheavals of war.
It's a story that spans more than 50 years and links China, the United States, and South Vietnam.
DENNIS FARINA (VOICEOVER): April 1975. Saigon is in chaos as triumphant North Vietnamese soldiers
close in. Thousands fight for a chance to flee the country. John Nellis was one of them.
Under the cloak of darkness, John and his fiancee, Vivianne, climbed into the back of a truck.
It was the first step in the harrowing journey they hoped would take them to the United States.
As the South Vietnamese government collapsed, its once friendly soldiers turned into enemies.
JOHN NELLIS: I was real terrified, because I was thinking, will we make it? We thought we were-- we got a chance to get out the country,
but we don't know exactly where we're going. DENNIS FARINA (VOICEOVER): John and Vivianne
were among the few airlifted to safety as Saigon fell. Eventually, they were able to start a new life in America.
John also began a search for the son he left behind in Vietnam and the father he hardly knew.
John's father, Melvin Nellis, was an American serviceman stationed in Chunking, China,
just after World II. He lived there with a Vietnamese woman, and their son John Nellis was born in 1946.
When John was just five years old, his father, Melvin, was shipped back to the United States,
leaving John and his mother behind. I still wish you could come with me. DENNIS FARINA (VOICEOVER): Because John's
father and mother were not married, she could not go to America. Melvin promised to write.
But eventually, the letters stopped. John never heard from his father again. The following year, John Nellis and his mother
moved to South Vietnam. JOHN NELLIS: My mother, she did make a lot of sacrifice for me.
She had to spend at least two thirds of her income to send me to the school. DENNIS FARINA (VOICEOVER): When John was just 11 years old,
his mother took him to the United States embassy in Saigon. This is my son, John.
Hello, John. Hi. DENNIS FARINA (VOICEOVER): There, she obtained a registration document proving that John's
father was an American. Some 20 years later, this piece of paper would allow John Nellis to escape from Vietnam.
During the late 1960s and early '70s, the war in Vietnam escalated. John's personal life also went through dramatic changes.
He met a woman, and they had a baby. They named him Daniel Nellis. But the woman later left John and married an American Marine.
They moved to the United States, and John believed they took his son with them. First of all, I feel a little sad, because I lost--
just like I lost a son. But I feel happy, because he can go to the United States,
has a proper education, have a better life so he doesn't end up like myself. DENNIS FARINA (VOICEOVER): Two years later,
as South Vietnam crumbled, John Nellis would lift off for the United States. The paper his mother had obtained nearly two decades
before allowed him and his fiancee to board one of the last helicopters out of Saigon.
Only later would John learn that his son, Daniel, was still in Vietnam. Though John had a good life in the US,
he longed to meet his father, Melvin, and be reunited with his son, Daniel. If my father and my son watching me right now,
I would like to tell them how much I miss them and I love them, and I would like
to reunite and see them again. DENNIS FARINA (VOICEOVER): Update. Thanks to our broadcast, John Nellis
learned that his father was retired and living in Tokyo, Japan. John Nellis also found his son.
WOMAN: Oh, he's coming. This is him. JOHN NELLIS: That's him. That's him right there.
This is real a dream come true. It's a miracle. [speaking vietnamese] INTERPRETER: When I saw my dad, I
was so excited and very happy. When I looked into his eyes and saw his family, I found happiness.
Now he's with me, I'm going to do my best, and I'll give him a good chance in life
and a better future for him and make up for what he has lost. WOMAN: Come on. Say cheese.
DENNIS FARINA (VOICEOVER): Much that is impacted by war is destroyed forever. But in a few cases, persistence and a measure of good luck
can ultimately prevail over the destruction. [theme music]

This, Episode includes: Shelly Loved Horses, Threats and Harassment, Strangulation Saga and Father/Son.

Brief Summary

Three cases of suspicious deaths and harassment highlight the struggles of families seeking justice.

Key points

The Mysterious Death of Shelly Malone. Shelly Malone, an experienced horsewoman, dies in a tragic accident that her family believes was murder.
The Harassment of Bill and Dorothy Wacker. Bill and Dorothy Wacker endure a decade of harassment and threats, leaving them mystified and fearful.
The Disappearance of Jaclyn Dowaliby. Jaclyn Dowaliby goes missing, prompting a frantic search and suspicion towards her parents.
The Disappearance of Jaclyn Dowaliby. Jaclyn's parents become suspects in her disappearance, leading to a chaotic investigation.
The Verdict. David Dowaliby is found guilty of murder, leading to shock and disbelief.
A Miraculous Reunion. John Nellis reunites with his long-lost son after decades apart.

Episode highlights

Episode quotes

She never, ever lost her interest in horses.

Shelly's lifelong passion for horses.

3:06WatchMar 9, 2017

Tension

75/ 100High tension

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