Transcripts For MSNBCW Dateline 20191021

Love triangle . Thats what we thought. The obvious suspect, the missing man. The obvious problem, no one could find him. This guy is potentially very dangerous. But what was real and what was pretend . This is as diabolical as any case ive ever seen. Enter the actors theyre trying to say im somebody that im not. Was the killer really missing or was he hiding in plain sight . I said this son of a bitch is dirty. Somebody knew the truth. Dont, dont, dont, dont, dont. That cant be found. And this father refused to give up until he knew it, too. Everything is based on me knowing the whole story. Places, please. Theres an empty theater. A script full of twists. A troupe of actors and someone who set the stage for an unbelievable tragedy. Im buying it. Im buying it hook, line and sinker. Reporter all of it so well done it was hard to tell what was real and what was an illusion. I just remember his performance being it was very, very real. Reporter this is a story of a man who seemed to be at the end of his rope. It looked like he was having some sort of panic attack or heart attack. Reporter but on this stage at the final curtain the darkness remained because this story wouldnt win any awards. This was all real life. Julie is my first daughter. She was my valentine baby. Reporter for june and masa kibuishi, a japanese couple who built their American Dream here in Orange County, california, their third child came as a pleasant surprise. Doctor kept telling me it was another boy. But, voila, she was born on valentines day. Reporter two big brothers had preceded her. First place. Reporter so naturally, it was julie who became an allstar softball player as a young girl. But her passion was dance. She grew into a beautiful dancer and a remarkable young lady with the kindest of hearts. And that can kind of sometimes frustrated me. Okay, youre too nice. But you know, thats how she was. Reporter and that is how she met sam herr, who, like julie, was a student at orange coast college. Sam struggled a bit in school. Julie would help him out. She told me about sam. Hes like a big teddy bear. Hes always nice to everybody. Thats why we get together at his place. You know, a lot of times. Reporter sam was a war veteran. Hed fought in afghanistan and made it home to california after three years overseas. Sam lived across the street from the college at an apartment complex. Its not a dorm, but i would call it a college dorm. Reporter sams good friend, ruben, often hung out there with sam. And the poolside always had people, you know, drinking and having fun. Having fun at the pool. Reporter but despite his surroundings, sam was focused. He seemed more responsible. He seemed like he had, like, more of a plan on where he was going. He wasnt just kind of cruising on his gi bill and having fun and getting drunk every day or anything. Reporter Rachel Buffett and her fiance lived near sam. He was really nice to everybody and liked to have fun and hang out with everybody. Reporter and everyone liked to be around him, too. But there was something about sam that very few people knew. He suffered from night terrors. A sort of psychic souvenir of the battlefield. Sam did share that with ruben, who was also a war veteran. Hell tell me that, you know, sometimes he feels like hell be sleeping and hell wake up in his sleep and hell be in a foxhole. So hell start screaming or looking for a weapon, and hell wake up sweating and, you know, just very stressed, i guess. Yeah. Reporter thats tough. It is very tough. Reporter but, said ruben, sam seemed to be coping. And then came may 21st, 2010. It was a friday afternoon. Julie was going to hang out with her brother taka that evening. He was getting married, and julie was helping with the wedding plans. Then after i was cooking in the kitchen and she said, okay, bye, mom, im leaving. And then she she just went out the door. Reporter julie made it safely to her brothers home in long beach. They had dinner together. Taka asked julie to be a bridesmaid at his wedding and gave her a tiara. But julie couldnt stay long because, she told her brother, her friend sam herr needed her. Hed been texting her all afternoon. Messages that seemed weirdly off kilter. Can you come over tonight at midnight alone . Going out for a bit. Very upset. Need to talk. Then please. No sex. I need to talk to someone. Julie texted back. Lol, ew, sam, we are like bro and sis. No sex. And then sam texted again. Im hurting with some bad fam crap. I cant be alone. No sex. Please im begging as a brother. Julie, as always, was ready to help. Yeah, thats fine, sam. Im here for you like family. She left her brothers home that friday evening and headed for sams apartment. Did you normally wait up for her . I normally do, but the thing was, though, she was with her brother and then happened to be that saturday it was my youngest daughters senior prom. And then when i woke up and then when i didnt see her, i was like okay. Reporter by now, it was saturday morning. June texted julie. No response. Then she called julie. Still no answer. So june called her son taka. So when i called him, he he was like, what . Reporter taka told his mom about sams texts. I started to get this little kind of my you know, weird feeling that, i started to feel like, okay, this is somethings wrong. Reporter by now it had been almost 24 hours since shed last seen julie. June started to panic. I probably called like 20 times for her cell phone. Its just kind of already that it wont go like connected or anything. Its just like, you know, i cant even leave the message. So i called the irvine police. And then reporter and what did they say . Oh, shes 23 . Okay. Well, she might be in drinking at the bar, or like you know, its excuse me. Reporter no, said june. Not her daughter. Julie was always quick to respond to her texts or phone calls. Across town, about 20 miles away from the kibuishis, sams parents, steve and raquel herr also worried because they couldnt get a hold of sam. I thought it was a little odd that when i called his phone, it went directly to the Answering Service on saturday. Reporter steve decided to check on his son. So i drove down there and knocked on his door. No answer. And i had the key to his apartment. So i walked in there and i looked in to turn on the light. The living room looked fine and i said, okay. Sam . Nobody there. Reporter and thats when he saw it. I was like, what the hell is going on here . I freaked out. Coming up a father searching for his son finds something he never expected. Theres a body in my sons apartment. Theres a what . A body. A dead body. And no one can find sam. You think, okay, this guy is potentially very dangerous. Hes out there on the street. Fight for first dances fight for blast offs fight for piggyback rides fight for 7 am makeouts. Every year, walgreens helps millions of people fight the flu. Fight to protect the ones you love. Walgreens. Be a flu fighter. Get your free flu shot today at your neighborhood walgreens. Steven could only imaginem 24hr to trenjoying a spicy taco. Burn, now, his world explodes with flavor. Nexium 24hr stops acid before it starts for allday allnight protection. Can you imagine 24hours without heartburn . Thenot actors, people, whove got their eczema under control. With less eczema, you can show more skin. So roll up those sleeves. And help heal your skin from within with dupixent. Dupixent is the first treatment of its kind that continuously treats moderatetosevere eczema, or atopic dermatitis, even between flare ups. Dupixent is a biologic, and not a cream or steroid. Many people taking dupixent saw clear or almost clear skin. And, had significantly less itch. Thats a difference you can feel. Dont use if youre allergic to dupixent. Serious allergic reactions can occur, including anaphylaxis, which is severe. Tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. If you take asthma medicines, dont change or stop them without talking to your doctor. So help heal your skin from within, and talk to your eczema specialist about dupixent. It had been a beautiful california day in Orange County. Now the sun was setting and, in every sense, darkness was taking over. Steve herr, who had gone to look for his son sam, didnt find him. But he did find something. Theres a body in my sons apartment. Theres a what . A body. A dead body. A dead body . Is it someone that you know, sir . No, i have no idea who she is. I dont know what is going on. Does your son know who it is . Hes not here. Jesus, honey. Do you know where your son is . No, i dont. Reporter Costa Mesa Police detective ed everette responded to the call. Walk into the crime scene and we have a 20somethingyearold female on the bed, and shes in a position that appears that she was sexually assaulted. Reporter Police Quickly identified the victim, sams tutor and friend, Julie Kibuishi. Before long, two detectives paid a visit to julies mom. This one detective told me, okay. Youre mrs. Kibuishi . Please, you need to can you sit down . And then i know that he said like, okay. Your daughter was found in this sam herrs apartment. And then he i think he said, your daughters body was found or Something Like that. And then i just i think i was screaming like no, no. Thats not my daughter. You know. Its not my daughter. Reporter julie had been shot twice in the head. Her pants were down to her knees and someone had written on her sweatshirt the words all yours fyou. She was still wearing the tiara her brother had given her the night before. But i was still in disbelief of, you know, it was not my daughter. It just cant be my daughter. I wanted to see, and they didnt allow me to see. They said i wasnt allowed to go. Reporter june could barely absorb what she was hearing. Julie was dead. And the only logical suspect was her college friend, sam. She told me that hes taking the same class with her and that he told me that hes like big brother to me and to everybody in the class because hes a little older. And he came back from the afghanistan. Reporter this guy that she thought of as a big brother yeah. Reporter suddenly hes the suspect. It was just the bizarrest. But i still couldnt connect everything together. Reporter what happened in sams apartment that night was horrific. Julie had gone there to help sam, and now she was dead in his bedroom. And sam was somewhere in the wind. All of your new best friends that you hang out with every day, one of thems missing. A body was found in one of their apartments. This is something that, like, was affecting the whole atmosphere. Reporter detectives soon found out sam was a war veteran, heard the stories of his night terrors. They also found julies phone in the apartment and saw sams Text Messages to her. Sam seemed plenty upset that evening. And when they searched his name in the Law Enforcement databases, they came up with a stunning result. He was arrested along with a lot of other people. A guy was killed. It was some sort of, like, gang thing. It was a gang case. He was involved in a gang incident in, i believe it was ventura county, and ultimately went to trial. Reporter it happened in 2002. Sam, just 18 at the time, was accused of luring another young man to a parking lot where the man was then attacked by more than a dozen others. While some of the attackers were convicted of murder and received life sentences, sam herr was found not guilty. He was innocent, and it was proven that way. You know, hes innocent. Reporter four years later, sam joined the army and put all that behind him, or so his father believed. Thats why when i found julie, i knew that sam didnt do this. I knew sam would never do Something Like that. Reporter and steve tried to tell detectives. You said, sam couldnt do this. And police said, a, hes missing and, b, he was a suspect in a murder case once. Correct. Reporter that doesnt buy you a lot of rhythm from Law Enforcement. No, and i understood that. Im not that naive. I absolutely understood that. Thats why it was imperative to start looking immediately. Reporter steve called sams friend ruben to see if he had talked to sam. And ruben told him a curious story. Ruben said hed been trying to get ahold of sam, too, because sam was a noshow at a beach party. Ruben called him. Multiple times. No answer. Until finally someone picked up. I said hello. They said, hey, bro. Im like whos this . Sam never calls me bro. Right off the bat i was like, who is this . The voice was not the same. The voice was not the same. Reporter the voice on the phone said im busy right now. Im having a lot of problems with family. What are you talking about . He hangs up on me. So i called again, no answer. Reporter ruben didnt think that was sam. But if not, who was it . And more importantly, where was sam . News of julies murder was spreading and soon reached an Old Army Buddy of sams named miles foltz. When i found out it was julie, i definitely knew sam had nothing to do with it because of the way sam protects his friends and his family, and julie was one of them. Reporter miles was stationed in afghanistan with sam. They fought together. Miles knew how sam was toward anyone he considered a friend. He wouldnt hurt her . No. Not in a million years. I thought it was something in his past that they were trying to do something to him and and try to get him. And the reason why his body wasnt there is because he was off running away from these people. Reporter miles feared sam was in danger. Maybe sams mom and dad, too. I wanted to make sure Nothing Happened to steve and raquel. So i went to their house and, you know, during the night i spent there, you know, with my gun by my side just to make sure. I slept on their couch by their door. Reporter detectives needed to find sam and fast, says Orange County homicide prosecutor matt murphy. You got a dead woman in his apartment. Hes missing. And then you factor in afghanistan. And you start thinking, okay, hes a trained killer after hed been accused of this before. And you think, okay, this guy is potentially very dangerous. Hes out there on the street. Reporter then came a break. Sams atm card was being used. 400 withdrawn about 17 miles north of the crime scene. And Security Cameras captured the person who was waiting as the cash came out. It was the start of a whole new mystery. Coming up we were pretty confident he was our guy. But sams father was convinced he wasnt. And determined to prove it, he turns amateur detective. I said, okay, weve got movement here. Let me see. We would walk on the sidewalk all around the wind blows we would only hold on to let go blow a kiss into the sun we need someone to lean on blow a kiss into the sun we needed somebody to lean on all we need is someone to lean on cos i know what it means to walk along the lonely street of dreams here i go again on my you realize your vows are a whitesnake song . I do. If you ride, you get it. Geico motorcycle. 15 minutes could save you 15 or more. Keep being you. And ask your doctor about biktarvy. Biktarvy is a complete onepill, onceaday treatment used for hiv in certain adults. Its not a cure, but with one small pill, biktarvy fights hiv with three different medicines to help you get to undetectable. That means the amount of virus is so low it cant be measured in lab tests. Serious side effects can occur, including kidney problems and kidney failure. Rare, lifethreatening side effects include a buildup of lactic acid and liver problems. Do not take biktarvy if you take dofetilide or rifampin. Tell your doctor about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. If you have hepatitis b, do not stop taking biktarvy without talking to your doctor. Common side effects were diarrhea, nausea, and headache. If youre hivpositive, keep loving who you are, inside and out. Ask your doctor if biktarvy is right for you. Here, hello starts with hi mple. How can i help . A data plan for everyone. Everyone . Everyone. Lets send to everyone [ camera clicking ] wifi up there . Ahhh. Sure, why not . Howd he get out . a camera might figure it out. That was easy glad i could help. At xfinity, were here to make life simple. Easy. Awesome. So come ask, shop, discover at your xfinity store today. Julie kibuishi, her valentine girl, was pursuing Fashion Design while living at home. It was a mothers dream. I was planning a lot of stuff to do with her. So were going to be the buddies to go shopping or, you know, thats what i told julie. And were planning to do that. That was right before it happened. Its so hard, you know . She was 23. Reporter 23 years young, and her life taken from her in the most senseless way. She loved to kind of design things. So she really wanted to be a stylist. Reporter now that would never happen. Police were looking hard for sam herr. Detective ed everette. Hes on the run and hes in the wind. And now its our job to find him and see where hes at and ask him why. Not a whole lot of question of who the suspect was at this point. No. We were pretty confident he was our guy. Reporter steve herr was also eager to find sam but for an entirely different reason. To clear his sons name. So steve began his own investigation. Why did you feel the need to do your own police work . I didnt look at it as police work. I looked it as i wanted to find some answers. Looking to find sam, first of all. Where could sam be . Is somebody helping is he running away . Did he come up with some foul play . Reporter steve called sam again and again, but sams cell phone was going straight to voicemail. I love you. Let me know whats going on. What whats going on . Reporter then a big break and a puzzle. Steve and sam had a joint bank account, so steve pulled the bank records and found that sams bank card was used at an atm in long beach, then again at a nearby pizza parlor. So i said, okay. Weve got movement here. Let me see. Reporter so steve drove down to long beach to check out the bank. So i hung around for about an hour, see maybe id see sam or sams car because sams car is also missing. Nothing happened there, so i went to the pizza place and hung around there for about an hour. Reporter but there were no signs of sam. I took a twomile radius from eccos pizza, and i checked all the hotels, motels around there. I didnt see sams car. Reporter meanwhile, detectives did something steve couldnt do. They got the images from the atms Security Camera capturing the person using sams bank card. Expecting to see a picture of sam herr, detectives were in for a shock. Because whoever it was taking money out of sams account, it wasnt sam. So who was it . Cops staked out the atm hoping the mystery man would return. They also went to the pizza parlor where an employee told them that he thought he knew the person who bought the pizza and the detectives got a possible address. Were set up at that point on the house. We have surveillance teams behind the house on each corner of the house. Were geared up. We got our raid vests on. Reporter while surveillance teams hoped and waited, detectives questioned people in sams circle. Neighbors Rachel Buffett and her fiance dan wozniak already knew about the body found in sams apartment. We had discussed the idea that maybe being an accident. But like i said earlier, sam seemed like a pretty intelligent person. If it was an accident, he wouldnt have like taken off and like left his apartment and like tried to run. Reporter both rachel and dan told the detectives the last time they saw sam was friday, the day before the murder. He was with a friend, they said, a man wearing a black hat. But they had no idea what his name was. It seemed to be a dead end. But then, back at the house the cops were staking out, a big break. A pizza delivery. How many guys you have at that point . Probably have ten officers in the helicopter above and then we had Long Beach Police department helping us with perimeter positions behind the home in case someone fled the house. Guns out, ready to hit it like someone had committed a murders inside. Reporter and that someone is sam herr. Yes. Reporter cops moved in. But sam herr wasnt there. Instead, they found him. Coming up i open up my door to go outside to see whats going on and thats when freeze. Get on the ground. Put your hands behind your back. What did this teenager have to do with a murder . Much more than he knew. I trusted him, so i said, yeah. Cos i know what it means to walk along the lonely street of dreams here i go again on my you realize your vows are a whitesnake song . I do. If you ride, you get it. Geico motorcycle. 15 minutes could save you 15 or more. Have a skincare routine. But what about a lip care routine . Pay your lips some attention. The chapstick total hydration collection. Exfoliate nourish naturally enhance your lips. Chapstick. Put your lips first. I am totally blind. And non24 can make me show up too early. Or too late. Or make me feel like im not really there. Talk to your doctor, and call 8442342424. Applebees new pasta and grill combos. Choose from up to 12 combinations starting at 9. 99. Im dara brown. The National Weather service has confirmed a tornado ripped through dallas overnight. There are several reports of injuries and significant structural damage. The storms have knocked out power to over 80,000 homes and businesses. The three u. S. Soldiers were killed during a Training Exercise at ft. Stewart Hunter Army Airfield on sunday. The soldiers were traveling in a tank when it overturned. Now back to dateline. It was early evening on wednesday, may 26th, 2010. The streets in this nice neighborhood in long beach, california, were quiet. 17year old Wesley Freilich was hanging out with his friends. They had just finished eating a pizza ordered from the local pizza parlor when i hear this helicopter circling. Mind you, im like not really a nosy kid, but i like, well, whats up . Whats going on with my neighborhood . So peek outside. I dont see anything. Reporter so wesley walked outside. And i legitimately see a dude in the helicopter pointing at me or pointing towards me. What the hells going on . All right. Go inside. Yo. Hey, guys, theres this helicopter outside. I think hes pointing towards me or something. Somethings going on. Reporter his friends made what seemed like a sensible suggestion. Well, dont go outside then, stupid. Like, dont go out like, there might be something going on. Dont go outside. So i was like, all right. Were all inside. Helicopters still circling. And i look out the window, two squad cars pull up. Reporter the scene was unreal, like something from a movie. Wesley did not yet realize hed been cast as the villain. Guys, somethings going on. Theres somethings happening outside. Everyone goes to the window. I open up my door to go outside and see whats going on. And thats when, freeze. Get on the ground. Put your hands behind your back. Reporter cops arrested him. But according to wesley, he had absolutely no clue why. Then Police Showed wesley a photo. And immediately when i saw myself at that atm i literally knew what what had happened. Reporter detectives wanted answers. What was wesley doing with that atm card . Initially he kind of portrayed to us, dont know what youre talking about. I didnt do anything wrong. Once the gravity of the situation was explained to him, he had a change of demeanor. Reporter the cops told wesley his pizza delivery had landed him in the middle of a Murder Investigation and manhunt. They believed wesley was hiding sam herr, possibly inside the house. Once we told him it was involving a homicide, he immediately started crying. Sitting in front of officers of the law handcuffed, im obviously, literally im sorry, i cant say this grated, but my balls are inside of me. I [ bleep ] myself and i was nervous as all hell. Reporter it was what the cops were counting on. Wesley started talking. But what he said was not what police expected. I didnt know a sam. Reporter wesley not only didnt know where sam herr was, he didnt even know who he was. But wesley did have sams bank card. All i said was, yeah, i think the name on the card was samuel. But i cant remember. Reporter as to why he had it . That was a very strange story. Wesley claimed. He got the card from someone who told him that he worked for a bail bondsman agency and that he wanted me to withdraw money from an atm for legal reasons. That the gentleman skipped bail out of town and that they were required to withdraw the money. And so he was looking for a third party to withdraw the money. Reporter sound phony . Like a con game . Apparently, not to wesley. He said he knew the man who asked him to withdraw money, that he was a friend. He showed me paperwork. It looks legit. Looks like federal police paperwork. So i assumed that he, you know, he was good. He wasnt lying to me. And i trusted him, so i said, yeah. You know . Sure. Reporter so, wesley said, he took the atm card and agreed to withdraw the maximum allowed amount each day just as his friend had asked him to. His friend also said it was fine to order a couple of pizzas. Your alarms going off in your head. But youre hearing his voice on the phone telling you, its okay. Its legal. A teenager, i i really, really trusted him. Reporter who was this friend . Wesley said it was someone he respected. An actor whod taught him theater. It was a good bond. You know, an older dude that i looked up to. An older cat. And was, like, definitely someone i talked to about certain things in my life. Reporter the actors name . Dan wozniak. Sam herrs neighbor. What could he possibly have to do with any of this . Coming up busy acting and just days away from getting married definitely excited, but a lot of stress. Dan was now also a potential witness in a Murder Investigation. I said im going to call him in the morning and just doublecheck. Pain happens. Aleve it. With aleve pm. The only one to combine a safe sleep aid. And the 12hour pain relieving strength of aleve. So. Magic mornings happen. Theres a better choice. Aleve pm. Steven could only imaginem 24hr to trenjoying a spicy taco. Burn, now, his world explodes with flavor. Nexium 24hr stops acid before it starts for allday allnight protection. Can you imagine 24hours without heartburn . Thenot actors, people, whove got their eczema under control. With less eczema, you can show more skin. So roll up those sleeves. And help heal your skin from within with dupixent. Dupixent is the first treatment of its kind that continuously treats moderatetosevere eczema, or atopic dermatitis, even between flare ups. Dupixent is a biologic, and not a cream or steroid. Many people taking dupixent saw clear or almost clear skin. And, had significantly less itch. Thats a difference you can feel. Dont use if youre allergic to dupixent. Serious allergic reactions can occur, including anaphylaxis, which is severe. Tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. If you take asthma medicines, dont change or stop them without talking to your doctor. So help heal your skin from within, and talk to your eczema specialist about dupixent. Detectives on the hunt for their prime suspect, sam herr, traced his atm card to a teenager named wesley. Wesley said he got the card from someone he respected, actor and director, dan wozniak. Now Police Wanted to know who was dan wozniak, really . I turned to dan on certain occasions for some advice. Reporter wesley described him as a mentor. So did tessia guajardo. I looked up to him as, you know, my director and as a fellow actor. Reporter dan directed tessia in her high school play. She says the students all loved him. Ive worked with many directors, and he was by far my favorite to work with. He was professional and knew what he was doing. Reporter but it seemed that acting was what dan wozniak was built for. He was incredible. And you know, with all the one on one teaching he, you know, gave us as actors, it was right on. Reporter dan was prominent and very active in the local Community Theater world said his fiancee Rachel Buffett. Its hard to fill the male roles in nonpaid Community Theater. So he would get a lot of roles, do a lot of theater. Much more than i ever did. Reporter thats how dan and rachel met. They were cast in a play together. Good guy . Handsome guy . I think the best way to describe him is jovial. And although he didnt have awesome pitch or anything, he had a booming voice. So that right there is enough to get you cast in a lot of things when youre a guy. Reporter rachel, an actress herself, would also get the big roles. And side by side theyd take on the stage. Tessia says they worked well together. Dan is a very big personality. And she was more, you know, okay, lets get this done. Lets so i felt like they complemented each other in that way. Reporter dan and rachel moved in together. Were you in love . I would say shortly after we moved in together, thats when i realized, oh, yeah, i am in love with this person. Reporter and it wasnt long before dan proposed marriage to his leading lady. The night of julies murder, dan and rachel were performing together in another musical called nine. You can see their chemistry in this video shot by the husband of one of the other cast members. Tessia, who went to see the play on closing night, said that dan carried the show. He was on an aftershow high. We all were. We were excited for him, he did an amazing job. He came out and greeted us and we were just laughing and hugging him. Reporter and with their wedding in less than a week. Definitely excited, but a lot of stress because i was doing everything myself. Reporter he was that typical guy that wasnt interested in like the details of planning a wedding . There was a couple things, you know, like, oh i dont know. Like make sure we dont have only chicken marsala or, you know, like random stuff like that or reporter but just two days before dan and rachels big day, young wesley, now in handcuffs and facing serious felony charges, was pointing the finger at his onetime mentor. Remember, dan and rachel had already told police that the last time they saw sam was on friday, the day before julie was murdered, and they hadnt seen him since. So how and why would dan have sams atm card . Someone had to be lying. And if that were dan, why . Sams dad steve got phone numbers from his sons friends of just about everyone they knew. And on that list was dan wozniaks number. So i said im going to call him in the morning, see, just doublecheck. Reporter and when steve got him on the phone, dan told him sam was nervous when they saw each other on friday. I said, what was he nervous about . He said, i dont know. He was talking about family problems and stuff like that. Boom. As soon as he said he was talking about family problems, i said, excuse my language, i said this son of a bitch is dirty. Ill never forget that. This guy knows something. I dont know what he knows, but hes lying about sam. Reporter authorities were developing their own theory about dan. Prosecutor matt murphy. Wozniak is the guy thats protecting sam. Wozniak is the friend thats helping him get money out. Reporter so police figured the best way to find sam was to talk with dan wozniak. Coming up i have nothing to do with this because my life was in danger. 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Sorry, honey. Emreplenished,d, fortified. Emerge everyday with emergenc. Packed with b vitamins, electrolytes, antioxidants, plus more vitamin c than 10 oranges. Why not feel this good every day . Emerge and see. Here, hello starts with hi mple. How can i help . A data plan for everyone. Everyone . Everyone. Lets send to everyone [ camera clicking ] wifi up there . Ahhh. Sure, why not . Howd he get out . a camera might figure it out. That was easy glad i could help. At xfinity, were here to make life simple. Easy. Awesome. So come ask, shop, discover at your xfinity store today. It was a wednesday evening in may 2010. Dan wozniak was celebrating his upcoming marriage at his bachelor party. Often described as a mans last night of freedom. Suddenly, that became truer than ever before when police crashed the party. Dan wozniak was with a group of friends. Reporter detectives were following the murky trail of sam herr, a suspect in the murder of Julie Kibuishi. She was a beautiful and talented 23yearold with dreams of becoming a fashion stylist. Did you think you were going to find sam herr in that restaurant . I was hoping we would. I was hoping hed be with daniel. Reporter celebrating dans upcoming wedding . Yes. Reporter not that lucky . No. Reporter but they hauled dan in anyway. Immediately when he saw me he turned pale. We could see the blood just draining from his face. Reporter the plan was to make dan talk and fast. So they hit him with a heavy charge accessory to julies murder after the fact. And dan, now back at the station, rolled over like a trained seal. Ed everette monitored dans interview with detectives Mike Delgadillo and mike cohen as dan readily admitted to a crime. Hes alleging that he and sam came up with this conspiracy to commit fraud and use this wesley kid to implement it. Reporter dan said sam gave him his atm card and p. I. N. The plan was to have wesley withdraw money and then sam would report the card stolen so the bank would have to reimburse him. But dan said before they had the chance to make any real money, something went wrong. I got a knock on my door. I want to say it was about 8 00, 8 30 in the morning. Okay. Opened the door. It was sam. All right. Im like, hey, man, whats going on . Is everything good . Hes like, not good. Were in trouble. What do you mean were in trouble . What happened . Hes like, i cant talk. We need to get the [ bleep ] out of here. Reporter they rushed out of the apartment dan said. And as they drove sam dropped a bombshell. Hes like theres a dead body in my apartment. Reporter dan said sam told him everything. He said basically as soon as you left me i started doing drugs and drinking heavily because i was very depressed about my family. Reporter according to dan, sam started looking at photos of his friend julie and became upset. Then when julie came over i said, what did you do . Hes like, i got a gun. He asked for sex. He was pretty [ bleep ] up. She said no, then he just shot her twice in the head. Reporter dan said that at first he couldnt believe it. Im really like youre totally [ bleep ] me right now. Julie is like a friend. Why the [ bleep ] would you do this . He said because im not in my right frame of mind. Reporter and then dan said sam threatened him. Hes like, you rat me out, im going to [ bleep ] kill you. And better yet, im going to start with your wife. Reporter dan said an angry and frightening sam needed help withdrawing all the money in his bank account to finance his escape. In return, sam said he would slide dan a few thousand dollars to help with his wedding. And dan felt he had no choice. And then i said, after 30 days ill have all your full money or whatever and then youre going get the [ bleep ] out of my life. Reporter then dan told detectives he dropped sam at a Shopping Center parking lot in long beach. And dan said that was the last time he saw sam. He later ditched sams car. And dan said he was sorry he had lied to police at first when he told them he last saw sam in the company of a man wearing a black cap. He doesnt exist. Thats a lie. Thats 100 lie. I apologize for that. I got so scared, detective. Im sorry. Reporter dan said he was frightened of sam and, he admitted he did need money for his wedding. I got greedy and i didnt want any harm to come to me or wife. Okay. Reporter it seemed he had told them everything so far. But police pressed dan on the most important detail of all. Where do you think sams at now . Like i said, the last place that i saw him, honestly now, was when i dropped him off at the los altos Shopping Center bellflower and spring, in long beach. Reporter dan was cooperative, but he said he didnt know where sam was. He cant tell you the location or he wont tell you the location . Didnt know at that point. Thought he wasnt going to tell us. Didnt want to. Reporter so they applied a little more pressure. What were going to do is, this is a swab. We need to get a swab from you just to eliminate you. Should only take a second here. Oh, eliminate me . Yeah, eliminate you from any, uh, any issues. Okay. And thats why i want to get a sample from your saliva. Just to eliminate you, okay. Okay. I mean, its in your best interests. Yes, most definitely sir. So basically just open your mouth for me. Thats it. Thats it. Oh, okay. Very painless. Very painless. Reporter when the detective explained what he planned to do with the dna sample, dan paid very close attention. Youre being up front with us, youre being honest, you have nothing to do with anything. There should be no reason why we should find your dna anywhere in certain areas and stuff like that. Thats why were doing it. Now i was in sams apartment friday afternoon. Okay. And i know i did use the bathroom. You did use the bathroom. I used the bathroom. And i went im not sure if i went out on the patio or not. Most of the time i do. But that day i dont know if i did or not. Okay. Okay. Reporter dan seemed worried they might find his dna in sams apartment. Detectives wanted to know why. , and the tone of the interview changed. I think you know a little more about this thing than youre divulging to us. No, i dont. I think theres a little a whole lot more. There may be but please question me and any gaps that i, i want to fill. Absolutely. As far as your participation in this thing. As far as my participation . Yeah. Okay. Talk to me. I am, officer. And . Yes, i helped him get away. Yes, i knew that he had killed someone, and, yes, i knew that stop. Stop right there. Stop right there. Reporter they circled back to the dna. We got your dna. Yes. Okay . Wheres that dna going to be showing up . In sams car. What about on julie . No, it wouldnt be on julie. You sure about that . Yes, im positive about that. Did you see julie dead in the apartment . No, i did not. No, i did not. No. You better think about that. Im going to give you time to think about it. I did not see julie dead in the apartment. I didnt. Were you there when she was shot . No, i was not. Are you sure about that . Youre really scaring me right now. Im not trying to scare you. Reporter but dan did seem scared and angry. He insisted he only helped sam after the murder and then only under duress. No. I had nothing to do with this because my life was in danger with my wife. Im sorry. How was your life in danger . He threatened it. Were going to give you time to think. All right . Listen to me. Yes, sir. All right. Stand up. Were going to go back in there. Reporter detectives were frustrated but we were still hoping to find sam and thought he was going to lead us to sam. It sounds like you thought dan was telling you the truth about everything except where sam was. We were taking him at his word because he was involving himself and incriminating himself as an accessory in this homicide. He wasnt telling you, i dont know anything about it. He was just saying, yeah, you know, i helped him, but i helped him after the fact, and i dont know where he is. Right. But the longer he went on, the less believable the story was. And they now also strongly believed that not only was dan covering for sam, but dan was also perhaps involved somehow in julies murder. So they tried again. They brought dan back to the Interview Room for one more crack at him. Were going to talk about what happened to sam. But dan didnt waver. I dont know what happened to sam. I dropped him off and waited for his phone call. That is it. And then a reality check. Youre arrested for murder. Accessory to murder. Thats what youre being arrested for. You want to talk to us, tell us anymore . Okay. Hold on. Whoa, whoa, whoa. Okay. Were done. Unless you want to talk to us, were done. Ill talk. Ill talk. Whatever not whatever. We want to hear yes, i will talk. Yes, i will talk. Im awake, im listening. Yes. Coming up the interrogation act two. Okay, fine. You know, he didnt come down. He came down and said help me. I went upstairs and yes, i saw the [ bleep ] body. Is that what you want to hear . An actor confessing what he says was his role that night at sams apartment. Here, it all starts with a simple. Hello hi how can i help . A data plan for everyone. Everyone . Everyone. Lets send to everyone [ camera clicking ] wifi up there . Ahhh. Sure, why not . Howd he get out . a camera might figure it out. That was easy glad i could help. At xfinity, were here to make life simple. Easy. Awesome. So come ask, shop, discover at your xfinity store today. Reporter they kept pressing. Where is sam . Not without a bargain that i am out friday. Were not in a position to bargain. Then okay then. Reporter deadlock. Until okay, fine. You know what . He didnt come down. He came down and said help me. And i went upstairs, and, yes, i saw the [ bleep ] body. Is that what you want to hear . No. We want to hear the truth. That is the truth. Okay. Then tell us what happened . How did that play out . What did you do when you got up there . Reporter detectives reached into their tool kit. Theyd just taken a dna swab from dan. They didnt have results but decided to bluff. How did your dna get on her . Because i was right over the body. Whats that . Because i was right over the body. Okay. How how did your dna get on her . That i dont know. Dna doesnt just fall off. I dont know. Okay. I didnt touch her. I didnt do anything. Reporter and then, something out of the blue. What did you see . Saw two gun shots in her head. And i saw her pants like ripped and cut. I saw like [ bleep ] you written on the back of the shirt. Reporter was the seasoned actor suddenly forgetting his lines . Where were the two Bullet Wounds . I dont know. Sam said he shot her twice. Okay. And i saw but you just i didnt see you just told us you saw two Bullet Wounds. You were no. Standing over her. No, no, no, no. Okay. Whoa, whoa, whoa, whoa, stop. Okay, okay. How did your dna get on her . I was standing over the body. I saw two Bullet Wounds to her head. Its exactly what you said, dan. You cant even keep your lies straight. Listen, he said he shot her twice. When i walked in i saw two bullet holes to the head. That was, that was your, that your thats not what i meant. Thats not what i meant. I apologize. Reporter dan was getting tangled up in his story. First he said hed only helped sam after the fact. Then he admitted hed seen julies body. He also contradicted himself, first saying sam told him about the Bullet Wounds, then saying he, dan, had seen them. With every slip, dan seemed to put himself closer to the actual murder. Dan says he could see two gunshot wounds . Yeah. Reporter meaning he was there when she got killed. Yeah. Thats when the light bulb went off. Reporter but dan still insisted he had nothing to do with julies murder. But now he admitted he did help sam clean up the scene. Went into his apartment. And thats when he thats when i saw julie. And i freaked out. Looked over and then i said, okay, what do i need to do . So we found the two shell casings. Sam picked them up. Im like take the shell casings so they dont find those. Reporter detectives wanted details. So why was, why does he write the message . I dont know. I dont know. He said he was just seriously messed up and had about three or four pills. How about her pants . Her pants were it looked to be like cut. And so he said he used the scissors to cut them as best he remembered. He was blacking out a lot. He didnt remember everything that he had been doing. Reporter this statement seemed to match the facts. Julies autopsy showed she had not been sexually assaulted. The scene had been staged to make it look that way. Detectives felt dan was finally starting to cooperate. Youre a good guy. Youre a good guy. You just got yourself in a bad spot, man. You want to do the right thing. I know you do. I do. All you got to do is point us over to sam, and lets close this chapter. It is done. Okay . Where is my phone . Whats that going to do . Wait for it to ring. Reporter if he was waiting for a call from sam her, it never came. Reporter but dan, from the Police Station, did call his bridetobe rachel. And a strange story now took yet another turn. No, dont. Dont, dont, dont, dont. That cant be found. Coming up as news of dans arrest starts to spread, some seem more rattled than others. He freaks out, and has this look of fear in his eye. Find yt style at the right price. In a range of durable stainmaster® options at lowes. 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Rom thats right great here you go. Well, it does need to be a vehicle. But i need this out of my house. vo with fair, Transparent Value for every tradein. Enterprise makes it easy. Rachel buffett and dan wozniak, two talented actors who had costarred in plays, then fallen in love, and in less than 24 hours were supposed to walk down the aisle. Instead, dan was sitting in jail charged as an accessory in the murder of Julie Kibuishi. And rachel was left to break the news to family, friends and invited guests. I go to my friends and knock on the door. And then at that point just start bawling. Thats when i finally broke. Reporter with a friend at her side, rachel went to her parents home to tell them what was going on. And my moms just shes lost it. She cant speak. Shes bawling. Reporter it was a mess, and not only because of the canceled wedding. Rachels older brother noah was also under suspicion. You think noah knows where sam is . Yes. Reporter noah was driving dan around in noahs smart car hours before dans arrest, and so detectives brought in noah for questioning. Thats got to be a brutal conversation to have with your parents. And my moms already breaking down and hyperventilating just by me saying we need to cancel the wedding and dan and noah are in jail. Reporter what finally happened with your brother . Noah says that they questioned him for a while. And then the main detective said, all right. Get this guy out of here. He doesnt know anything. Reporter turns out, he really didnt. Noah was released and never charged. Meanwhile, rachel notified dans parents and describes a reaction she did not expect. It was just his dad that was home. His mom was at work. So i explained whats going on to him, and he just has the opposite reaction. Hes just completely so mellow and like he didnt even hear me. I remember one of the phrases he used was Something Like, well, he was a really good son. You know. He was a good kid. Just like did you just hear what i said . Reporter as she and a friend were leaving, rachel says she had another strange encounter. Dans brother and his girlfriend pull up and kind of wave us down. And so i get out and i walk up to the car window and tell them, you know, dans been arrested, yada, yada, yada. And he freaks out and has this like look of fear in his eye. Reporter a short time later her phone rang. It was dan calling from his jail cell. The call recorded by police. What did you do . I helped sam cover some stuff up and helped him get some drugs. Thats it. I didnt murder anybody. Babe, why on earth would you try and cover for him . Because we needed the money. No. We never need money. We need to be good people and just have each other. Im sorry. Reporter rachel revealed she had new information for detectives. My moms working on canceling all the wedding plans now. And i just talked to tim, and i need to make a phone call to the detectives now. Why . Because tims involved. Because of what . Or i need to call the detective first because i need to call him and let him know before they catch me on this recording device because it looks like im not trying to tell them right away. Tim says he has evidence with him or he knew where it was or something. Reporter with that information, dan wozniaks mood suddenly changed. Then im doomed. What . Tim said that . Yeah. Do you know that tim has some evidence . Yeah. Oh, god, oh, god, oh, god. Reporter its the voice of a man in a trap. This is ridiculous. And i have to go del the detectives the truth. No. Baby, baby, tim did speak up . Only to me so far, and it was in passing. I said im going to the Police Station right now, dannys been arrested. And he starts freaking out. He was really frantic and he said something and something slipped that he had evidence. No, dont, dont, dont, dont, dont. That cant be found. Reporter dan sounded desperate. No, babe. Im going to do it. Listen to me, no, no. What . Trust me, please. Reporter dan begged rachel to come back to the Police Station. He said he was about to do something that was going to change everything, and he wanted rachel to be there for it. I have to tell the truth on what i did. And i think you know what it is. And its bad. Imagine the worst, and thats what i did. Coming up dan alone in the spotlight. I had a couple of reactions. The Immediate Reaction is did i just hear what i think i heard . I cant believe it. What . That our new house is haunted by casper the friendly ghost . Hey jill hey kurt movies . Ill get snacks no, i cant believe how easy it was to save hundreds of dollars on our Car Insurance with geico. I got snacks ohhh, i got popcorn, i got caramel corn, i got kettle corn. Am i chewing too loud . Believe it geico could save you fifteen percent or more on Car Insurance. The plot line was as complex as anything on stage or screen. A young woman brutally murdered. Her apparent killer vanished in thin air. And at the center of it all, the actor, the director, dan wozniak, in custody in Orange County, california. The process of going back and forth with dan is pretty long and laborious. Yeah. It was frustrating. Reporter particularly frustrating because everette and the other detectives were beginning to believe that everything dan wozniak had been telling them was all just a grand, elaborate performance. But they still didnt know what the real story was. Then the actor himself suddenly seemed to drop character. Dan wanted to speak with the detectives again. What do you thinks coming this time . I think hes going to give us more bs and hes going to add or change his story and reporter but hes not going to give you the truth . No. No. Reporter whats wozniaks demeanor at this point . Hes just kind of beyond himself as we bring him into the Interview Room. And at some point he sits down and starts pulling at his hair. You said you wanted to talk to me. Whats going on . Im crazy, and i did it. You did what . I killed julie, and i killed sam. Okay. All right. I killed them both. Reporter you didnt see that coming. No. Reporter dan wozniak dropped a bombshell on detectives. Sam herr was not a murderer on the run. He was already dead. And he, Daniel Wozniak, was the killer of both sam and julie. So when he blurts that out, whats your reaction . The Immediate Reaction was did i just hear what i think i heard . Reporter even for seasoned detectives, the story dan wozniak told was almost beyond imagining. Dan said he went after sam first. They drove together to a theater, a place where dan had once taken the stage. Dan had told sam he needed help moving some heavy items down from the attic. I said, you need to bend down and help me lift this thing up. And when he bent down, i grabbed the gun. I shot him once and then he was still alive. He was still talking saying i need help. What did he say to you . I need help. Something hit me. It felt like an electric shock. Reporter and then, wozniak said, he fired again. He started bleeding. He wasnt moving. He wasnt talking. Reporter dan said he took sams cell phone and then drove to the theater to face an audience. In this video, shot by a cast members husband that very night, you can see dan and his fiancee rachel performing in the musical nine. This was a different theater from where sam herrs body now lay. And dan, who had just committed murder hours earlier, showed no signs of stress as he played the starring role apparently effortlessly. This role was made for you. I dont want to play it anymore. Reporter dan told police that during the show, backstage, he texted julie from sams phone pretending to be sam. Those were the odd texts that interrupted julies dinner at her brothers house. I was saying, you need to come over tonight. You need to come over tonight. Uhhuh. No sex, just i need you to come over tonight. Reporter after his twin performances, one onstage, and the other as sam herr, dan drove back to the apartment complex and waited. Julie arrived, wearing the tiara her brother had given her that evening. I said like, sam just called me, and he was going through some stuff. She said, yeah, me, too. I have a keep. Lets go in. I opened the door, i let us in, and then i went to the bathroom real quick because i was really nervous. Loaded the gun again. And . Went back out into the hallway and then said, oh, by the way, did you see this in sams bed . She was like what . I was like, he was really freaking out over it. Lean over, look at it right there. When she was leaned over, i put two bullets in the back of her head. Reporter dan admitted scrawling those nasty words on her back, and to splitting her pants with a pair of scissors. The next morning, he said, he returned to the theater with an ax and a saw. Dan used those, he said, for the gruesome task of dismembering sams body to make it harder to identify him. Dan said he scattered some of sams remains at a local park. But sams torso, he told them, was still in the attic of the theater. Okay. What was going on in your mind when you were dismembering the body . Dismembering sams body . I was actually smiling and laughing. Okay. Why do you think you were doing that . I dont know. I reached a point to where i couldnt even believe that i was doing this. I dont know. I dont know. Tell me what is it about me that the church does not like . That seems astonishingly sort of cold blooded and remorseless. It was shocking, and these were two of his socalled friends. Its horrific. Its sad. Its horrific. Reporter the investigators, of course, wanted to know. What was all this about . What drove dan to do it . Your motive behind killing sam was . Money and insanity. Money and insanity. [ laughter ] i dont know. I dont know why i did it. Reporter the centuriesold motive money. More than 60,000, in fact. Sam herrs combat pay. When he was deployed, basically all the money that he was earning in the military just went into a savings account. He didnt spend it when he was deployed. Reporter and dan wozniak wanted that money . Yes. Reporter and Julie Kibuishi . Dan said he killed her to cover his tracks and to frame sam. To make it look like he was on the run and he did it. He was the one that did it. Right, and that if he was disappeared completely, youd never find him. And it would all go away. Reporter but none of this was going away. Especially for those left behind in the wake of two murders. Steve herr, sams dad, remembers when Police Showed up at his door. They came in, and they said, sams been found. He was murdered. And for whatever reason, i said i dont know what made me say this. At least he wasnt dismembered. Okay . The next morning, i get a call from the Costa Mesa Police. He says, steve, before you find out, we just want to let you know sam was dismembered. Thats when i just lost it. Reporter the very next day, sam herr would have turned 27 years old. Sams friend, ruben. You know, the night that it was his birthday, his fathers praying to find his head. Sorry. So its very upsetting, you know. Reporter when police told you that they thought that julie had been killed essentially to cover up a different murder, sams murder, what did you think . Its probably the pain is more painful than youre ripping your own body parts, you know, apart to hear that your daughters being killed. Its like that, and you just i dont know how to describe it. Reporter dan wozniak was charged with two counts of first degree murder. Dans older brother tim, along with tims girlfriend, was also arrested and charged with accessory to murder. Detectives believed they had helped hide some evidence, including the murder weapon. Wesley, the teenager who had used sam herrs bank card, was not charged with any crime. And despite his confession to police, dan pleaded not guilty. He was jailed without bond, and if convicted, could face the Death Penalty. A year after his arrest, dan wozniak sat down for an interview with msnbcs lockup. By then, it seemed, his story had changed again. He now claimed he did not kill sam and julie. They were saying that i shot both of them and decapitated one of them. Its not true. Reporter and then dan spoke about his exfiancee, Rachel Buffett. He said the hardest part of being in jail was missing her. If i was given the opportunity to talk to my fiancee right now, id either say can i be with you out there or can you be with me in here . Reporter here in jail with him . An unusual comment. Was there any possibility rachel had something to do with these crimes . You think dans protecting rachel, or is rachel protecting dan . Dan would be protecting rachel. Rachels protecting rachel. Reporter you think she knows more than shes saying . Oh, definitely. Reporter just what did rachel know . I asked her. This is my name. This is my life. This is my entire future. And i have nothing to hide, and im innocent. Coming up rachel the actress or rachel the accomplice. Police and prosecutors dont believe you were honest with them. Mmhmm. Were you honest with them . sneezing coughing sneezing grab the only tissue with coconut oil, aloe, and vitamin e. Nourish with kleenex soothing lotion. The softest lotion tissue. In november 2012, two years after the murders of sam and julie, while Rachel Buffetts former fiance, dan wozniak, was awaiting trial on murder charges, rachel was arrested and charged as an accessory. She posted bail and was released. Yeah, im still in shock, disbelief. Reporter shortly after, rachel publicly announced her innocence. Are you saying youre innocent . What are you saying . Im completely innocent. Reporter and she agreed to sit down with us because she wanted to tell her story. Im innocent. And its thats what hurts me most, i think, in this whole situation is theyre trying to say im somebody that im not. Reporter so who is Rachel Buffett . She says just a wannabe actress with some very realistic dreams. Theres a gazillion movies made about the blonde that comes from oklahoma to be a famous movie star. Its a dime a dozen in l. A. , you know . But it was still something i liked to do, so i continued doing it. Reporter and in the course of doing what she loved, she met dan. No, no he actually fell for me first. And at the time he was he had already kind of become my best friend, and i was hanging out with him so often. Reporter he eventually professed his love and asked her to give him a chance. To win your heart . Something like that, yeah. Reporter and he did win her over. He proposed, and she said yes. I wasnt head over heels in love, but i was okay with it. Reporter rachel said money was tight for the young couple. You know, neither of us had career jobs or anything. So yeah, money was always up and down and hard to get. Reporter but rachel says she and dan continued to plan for that may wedding, and that her parents said theyd foot the bill. My parents are traditional, and they were going to pay for it. Reporter of course, that wedding never happened. One week before their scheduled nuptials, on friday, may 21st, 2010, the day dan wozniak told police he murdered sam herr, rachel says her fiance was acting strangely. He said he had borrowed money to pay the rent, and he had borrowed it from loan sharks and just saying, yeah, i lied to you. And im in trouble now. And i owe bad people money. And, you know, im going to get hurt. Reporter rachel says she saw sam herr that day leaving the apartment with dan. But remember, she and dan both told police sam had last been seen with a third man. A guy in a black hat. Rachel now says she never claimed to have seen that person with her own eyes. When dan and sam left, there was no third person with them . I was under the impression that there was a third person. I heard about that person. Reporter from dan . I believe so. Thats how i remember it now. Reporter but at the time, police say, rachel did say she saw the nonexistent third man. Its a major reason she was charged as an accessory. You know, of course, that the issue of the third person is a crux of this case . I know now, yeah. I dont remember saying i saw him. I can believe that i told the police there was somebody, and i probably would have said it with confidence because i trusted dan. Reporter when dan returned to the house without sam, rachel says dan was almost frantic. It looked like he was having some sort of panic attack or heart attack. He was like, pacing around the room, holding his heart, leaning up against the wall. Reporter rachel says dan told her he needed to go to his parents house to get his things. He returned in time for them to head to the theater for that nights show. And by all accounts, both dan and rachels performances in nine that evening were on their marks. Maybe even too good. During this emotional scene on stage, captured on this video, rachel broke down in tears. Some of her fellow cast members later told police that crying on cue was unusual for this amateur actress. And some of them speculated she was crying because she already knew sam herr was dead. People who think im guilty and are looking for some sort of justification i think are clinging to that. But i just think thats utterly ridiculous. Reporter so the tears you shed on stage, that was acting . That wasnt guilt . That was acting, and, you know, you sit there and like you think of anything thats made you upset throughout the day or week when youre trying to cry for a scene. And thats what i was doing. And it was because i had had a stressful day, i guess. Reporter but that crying episode wasnt the only thing investigators found odd. After the two performed in nine that night, dan was back at home texting from sams cell phone ultimately luring Julie Kibuishi to sams apartment. Sam had a flip phone which had a very different look from dans smartphone. You never noticeded that the phone he was texting on was not his regular phone . No, i didnt. Reporter and then, there was the couples shared computer in the apartment. The computer on which police later found searches for how to hide a body and quick ways to kill people. You ever see any indication that he had searched for anything relating to murder or violence or how to cover up a murder . No, i did not. Reporter and using that same computer, rachel posted a comment to julie on facebook the night she was killed. You returned a message to julie almost right at the time that she had to be meeting dan at sams apartment . Uhhuh. Reporter that caused police to question another part of rachels story. That she didnt see dan leave the apartment that night. She told them shed fallen asleep on the couch watching a movie. Rachel says when she was called to the Police Station Interview Room a few days later. She was shocked when dan, whose story was still evolving, told her his elaborate tale of helping sam cover up a murder. Theres nothing he can do at this point to sure, sure, absolutely. To make it better . Absolutely. He can tell be truthful with us. You know, i was just like speechless at this time. Im kind of on overload. And in shock and also growing angry. Reporter but if you watch the tape, rachel seems rather calm. Why did you lie to me . What does noah have to do with any of this . Nothing. He drove me to pick up the money. From sam . From wesley. Whos wesley . Wesleys a kid i did theater with. Reporter detectives felt they were watching two performers acting out a script. So that conversation between the two of them felt rehearsed . Yeah. And i was expecting an oh my god, what did you do . How could you help him . It wasnt that. It was just very odd. Reporter so if police or prosecutors tell us that was all set up between the two of them, they were a couple of actors and they were reading lines . Thats what . Thats bull . Thats bull, yeah. Reporter you had no idea what he was going to say. Thats correct. Reporter rachel said she didnt know that dan had murdered sam and julie until he called her from his jail cell to confess. And thats first time you knew about it . Thats correct. Reporter investigators found more reasons to suspect rachel. For example, the way she echoed dans claim that sam was having family problems. Sams parents and friends all say that was a lie. Youre repeating that story is being taken by police and prosecutors as an example of you continuing to advance a narrative that your boyfriend set up to make the murder happen. Well, two things. I told them that, yeah, dan said it, but also i think sam confirmed it. Like sam also told me that or confirmed it in some way. I dont understand why people think its odd that i would use the same language or terminology that dan had used. Because obviously id heard it, you know. Reporter detectives also wondered, why, when they spoke to rachel after julies murder, did she ask police whether they had looked into whether sam had killed julie . When you met with detectives you asked them, did you look at sam . Are you examining sam as a suspect, which was at the time exactly the theory that dan wanted the police to pursue. So in that meeting with detectives were you essentially doing dans work for him . No, i was not. That was the way he set it up made that the obvious conclusion that everybody should look for sam. The police were doing that, too. And me, as an outsider, would assume that that was a logical thing to do. Reporter did you at any time make any statement or take any specific action to shield dan from scrutiny or suspicion . Not in any way. Reporter police and prosecutors dont believe you were honest with them. Mmhmm. Reporter were you honest with them . I was. I know my heart, and god knows my heart. And thats my comfort is gods in control, and god knows im innocent. I never tried to help dan wozniak. I told the truth to the best of my capability to try to help the police get to the bottom of things. My heart was always in the right place. Reporter but ed everette believes rachel as innocent bystander is just another actor playing a another role. Rachel buffett says she had no idea that dan wozniak was a murderer, that he was going to kill sam, that he did kill sam, that he was going to kill julie, that he did kill julie. She said she didnt have any advanced knowledge of any of that. Do you believe her . No. Reporter she wasnt charged with murder. We dont have the evidence to prove it. Shes a better actor than daniel. Reporter but before rachel would have her day in court to proclaim her innocence, it would be dan wozniaks turn. Coming up rachel gets a starring role in dans defense. What did she know . Shes learning about all this incredible stuff, and she has no reaction. You can see it on the interview tape. She has no reaction. And two families in mourning finally get an answer. Everything is based on me knowing the whole story. I was on the fence about changing from a manual to an electric toothbrush. But my hygienist said going electric could lead to way cleaner teeth. She said, get the one inspired by dentists, with a round brush head. Go pro with oralb. Oralbs gentle rounded brush head removes more plaque along the gum line. For cleaner teeth and healthier gums. And unlike sonicare, oralb is the First Electric toothbrush brand accepted by the ada for its effectiveness and safety. What an amazing clean ill only use an oralb oralb. Brush like a pro. Steven could only imaginem 24hr to trenjoying a spicy taco. Burn, now, his world explodes with flavor. Nexium 24hr stops acid before it starts for allday allnight protection. Can you imagine 24hours without heartburn . With air wick essential mist. Nature. With kits starting at just ten dollars you can transform natural essential oils into mist at a price that is just right. The writer stephen king says murder is like potato chips. Its hard to stop at just one. Orange county prosecutor matt murphy told a jury dan wozniak had gone on a killing binge. Sam herrs a war hero. He was a war hero. He served his country. And turns out hes murdered by some twobit actor who snuck up behind him and shot him in the back of the head. And then you have this beautiful 23yearold young woman with a tiara on her head. And he literally shot her in between her right ear and the tiara that shed been wearing. Reporter it had been a long time getting into this courtroom. Sam and julies parents attended more than 100 hearings over 5 1 2 years. It was brutal on those families. Reporter from the moment steve herr learned his son was missing, he hasnt rested. When you find out your son, your only child, has been murdered, as a father i cant think of any other any other way to act. It was the most crushing event that ever happened to me, that could ever happen to anybody. Reporter so this is not really about justice in the sense of punishing somebody else. This is about you knowing . Everything is based on me knowing the whole story. Reporter now it was december of 2015, and steve was about to find out. The prosecutor laid it out for the jury. Dan wozniaks plan to solve his financial problems in 11 steps. Number one, apparently dont get a job. Number two, figure out what sam herrs p. I. N. Number is, kill him and take his atm card. Reporter after withdrawing money and using julies murder as a decoy. Six, stage the scene to make it look like sam is not only a killer but sam is a rapist. Seven, if questioned, use charm and acting skills to make sure the police spend all their time looking for sam. Eight, make sam disappear, make sure the police cannot find sam. Reporter then, said murphy, get more money so dan could pay off his debts. And finally and 11, have an awesome wedding. You have this plan, this evil maniacal, sophisticated, wellthoughtout, meticulous plan by an actor who meets real detectives really doing their job. And wozniak is putting on his it was a play. Reporter turns out two cops were tougher than any theater critic. They spotted him a mile away. They gave him all the room he wanted to completely hang himself. And thats what he did. Reporter dans older brother tim testified against him. On the stand he told the jury dan gave him a box to hold on to but said he had no idea that there was a gun inside, let alone that his brother had just murdered two people. Tim is still charged as an accessory. He pleaded not guilty. And his case is pending. His thengirlfriend, who was also charged, had her case dismissed. In court dans defense attorney did not offer an explanation for dans actions or call any witnesses. When jurors got the case, it took them less than three hours to reach a verdict. We, the jury in the aboveentitled action, find the defendant Daniel Patrick wozniak guilty of the crime of murder. Reporter this was a Death Penalty case. Jurors now had to decide whether dan wozniak should live or die. Defense attorney Scott Sanders made absolutely no excuses for his client. We did nothing in the course of the guilt phase of this case to indicate that we were challenging his responsibility for the crime. Reporter but he did ask the jury to consider whether dan would deserve the Death Penalty if someone else influenced his decision to kill. That person . In the defenses view, it was dans fiancee, Rachel Buffett. I call her a shrewd girlfriend, very shrewd, very sharp. Reporter sanders reminded the jury of that odd moment when rachel went to the Police Department to see dan. Shes learning about all this incredible stuff, and she has no reaction, and you can see it on the interview tape. She has no reaction. Reporter he said that while dan didnt fool the cops, rachel just might have. These are good officers. If you look at their questioning, its good, and she still gets past them. Reporter but prosecutor murphy saw things differently. They got to come up with somebody to point their finger at to take your attention off of Daniel Wozniak and what Daniel Wozniak did. So rachels our villain. All right . And thats fine. They can do that. Thats their job to do it. Okay . And its your job not to get misled. Reporter jurors, once again, had an important decision to make. This time they deliberated for just more than an hour. We, the jury in the aboveentitled action, determine that the penalty to be imposed upon defendant Daniel Patrick wozniak to be death. Reporter death for Daniel Wozniak. And as for Rachel Buffett she has pleaded not guilty to the charge of accessory to murder. A final scene to this tragedy that started on stage and spilled into real life. Ill never forget a month before this happened, Walking Around a park, and im tending to say, you know what, sam . If something happens to me, take care of your mom and this and that. We have this, we have this. You know what, dad, if something happens to me, i lived a good life. I saw so many things i never thought id be able to see. Reporter was that a premonition . Maybe. But either way, it was important for steve to hear his son say those words, i lived a good life. Because it wasnt always that way. As a kid, said steve, sam struggled. He went through some rough times. And he went into the army, and he found a purpose. He became a man. He grew up. Reporter julies mom june says she doesnt want to show her grief to her own family. So she mourns privately with a gift her daughter gave her. She was a music person. And then so every my birthdays and mothers day, she used to make me cd so that i can play that in my car. So that was my, you know, thats her gift for me. Whenever i go to work and come back, i play that cd, and i take this long way. Theres one road that is straight and without a signal. I use that road, i turn on the last of her music and i call her name in my car and cry