Transcripts For WHDH Dateline NBC 20161008

Here . Yeah. Reporter thirty years of secrets. Do you still want to talk to me about what happened that night . Reporter two trials. They have no evidence. Reporter a heartstopping finish. Youre gonna be holding the skull itself in front of the jury. It was a sacred thing for us to do. Reporter a daughters decadeslong search for her mothers murderer. You never heal from this, ever. He ruined my life, and he needs to pay for it. Reporter im lester holt and this is dateline. Heres den lonely road. Reporter a few feet from the city limits of toledo, ohio, a car swings around the corner onto a desolate stretch of road. Its dark. Wee hours. Just stabs of light spilling from the houses. Most people are asleep. He could so easily have missed her, lying in the grass on the side of the road. Her knees drawn up to her chest. At first he drove right by her the story went then doubled back for a closer look. And what he found launched a thirtyyear journey for one lonely child. Theres all these whys that have not been answered. Why was she forgotten about for all these years . Reporter a daughter determined to find out what happened that night. Whats making you go forward . Why not just let it be . Something inside of me just wouldnt i wouldnt stop. Reporter o the truth. Shes knocking on every door, shes ringing every phone. Did you wish she werent doing it, toby . I would just love to to say to her one more time, you know, i love you. One more time. Reporter a daughter who wasnt afraid to make enemies. You are his nemesis. Mmhmm. And ill never go away. Up in oregon, ohio a comfortable town perched on the edge of lake erie, where weekends meant lawn mowers, church, and softball games. What are you happy doing . What makes you wanna pop out of bed in the morning as a child . I danced. Reporter brittany felt loved. Safe. Until one afternoon in kindergarten, she says her teacher had a question for her. She had asked me you know how did your mom die . Was she in a car accident . I think i was like five and i remember getting really teary eyed and going, i dont know what youre talking about. So i went home crying and asked my mom, what is she talking about . Reporter it was a horrible way to realize the person she called mom was actually her grandmother. That her mother, 19yearold Dana Rosendale, had died in a car accident. Dana was a stranger to her. Do you have so much as a memory of your mothers smile, or her touch . None. I was only eight months old when it happened, so reporter brittany was greedy for memories of this mother shed never known. She badgered danas older sister, aunt deb. So when the curious little girl asks you, the aunt, tell me about my mother, what do you say . I just she was a she was a beautiful woman, you know . She loved life. Reporter and adored her baby girl. She loved that little girl to death. She was just a great, great reporter dana had been so young. Just eighteen when she got pregnant. Did dana ever feel sorry for herself in any way . Im having a baby too young, my friends are out having a life, and im gonna miss some of that stuff . Never. It would be natural to feel that way . Yeah, she never felt sorry for herself. She was she took life head on. Reporter and just like brittany, dana had loved to dance. Thats what had taken her and her best friend to a club across town the south side roxy. Just a few hours later. But aunt deb hadnt told brittany much about that night. There were some things she just wasnt willing to share with the little girl. Did you talk about her last hours . Did she know no. What happened to her . No, no. Did you try and keep her mothers presence in her life . Somewhat, you know . Its hard to do. Its hard to do, because of the the horrible way that that the events happened. That she died. So do you want to continually know . Or do you put it put it away . Reporter but as the years passed, the silence, the mystery that weighed on brittany was a dark one. The older i got it was like everybody knew. Everybody knew my mom had gotten killed, however it was did a kid tell you something . No, i just i could feel it. Nobody could deal with my moms death. So, something was missing yeah. In your moms story. You didnt know what it was . Yeah. Reporter then in seventh grade, brittany says, a police her attention. He said, anything that ever happens can be found on microfiche at the library. This is a light bulb moment for you . Uhhuh. I was like, well, what is that . And he said, all the newspaper articles, all the police reports. Anything youve ever done thats on a record or thats happened is going to be on an archive. Reporter that night brittany scored a lift to the library and headed straight for the archives. And i just started scanning all the newspapers they had on file. Found another article and the headline was 19yearold found on road, dead. So i read through that one, and then there was another one. And this is your mom, this is not a uhhuh. Right. Paper for school or an historic figure. This is your mom youre researching. Yeah. And so i think it was more of a shock, you know, and i just every article that was on there. Reporter shocking to read about her mothers death in black and white. Shed never let herself picture the accident in her head. Woman found on road dies reporter the articles didnt describe two cars colliding, but rather her mothers battered body lying on a lonely roadway. Dana rosendales death ruled undetermined. Reporter and perhaps the most Surprising New detail in those articles a comment from the local coroner. In 1982, he had told the press he had doubts, wasnt sure that dana had died in a car accident at all. But if not, how had she died . At that time, i was so mad that everyone lied to me. And it was just a whirof emotions. Reporter brittany wondered if her family had been hiding something even more sinister than shed ever imagined that her 19yearold mother had been murdered. How did dana die . Did the secret die with her . When we return. I can remember grabbin her hospital gown and saying, you know, wake up. Just wake up, just open your reporter and years later, brittany demands the truth from someone who might know, and hits a dead end. Did he say, okay, youre old enough now, i can tell you unhuh. He said, youre not ready. With diabetic nerve pain. If you have diabetes and burning, shooting pain dont suffer in silence step on up and ask your doctor about diabetic nerve pain. Tell em cedric sent you. The chase freedom unlimited card earns you unlimited 1. 5 cash back on everything you buy. The cash back is unlimited and you can spend it on anything. Like, whatever the next ad is selling. Get the chase freedom unlimited card. Olay total effects vitamin enriched to revive skin olay. Ageless. Marie knows that a hearty Turkey Pot Pie gives you a warm way to cozy up on a chilly day. So she seasons and roasts tender turkey breast to perfection. And prepares a golden flaky crust from scratch. Then she fills it with crisp vegetables. And seals in the goodness with perfectlycrimped edges. Because Marie Callender knows that when its cold outside, Marie Callenders. Its time to savor. Rm, flaky layers are on the inside. But lets just say its more than ever. Share the warmth of grands biscuits, now with even more flaky layers reporter Brittany Storks world was spinning. The 13yearold believed all the adults in her life were lying to her. Had been lying to her for years. I was just so mad at everybody. It was just, leave me alone. And you cant tell me what to do. You know, you lied to me. Reporter a tragic car accident. Thats what brittany had been told about her moms death, but far more suspicious. Brittany made a copy of them and confronted her dad, toby. Hed been in an onagain, offagain relationship with her mom, dana, at the time of her death. And i cant remember what i wrote on it, but i know that it wasnt a very nice message. Whats up with this basically . Yeah, i think i actually told him i hated him. Did he say, okay, youre old enough now, i can tell you unhuh. A more complete story . Unhuh. He said, youre not ready. Youre not ready, still . Reporter brittany wasnt sure her dad would evell he wasnt around much during her childhood. His parents were the ones whod taken her in as a baby, raised her. They wouldnt talk about the past much either. So youre an angry teenage girl with your fists balled up, and youre still trying to find out the story of your mother, huh . Right. Whats making you go forward . Why not just let it be . Something inside of me just wouldnt i wouldnt stop. You know, i then i would start the hyperventilating, id wake up crying all the time, you and theyd tell me, you need to stop, you need to calm down. So then i started digging. Reporter sometimes when her grandmother slept, brittany says she rifled through her old photo albums. Brittany, youre becoming kind of a detective in this thing. Uhhuh. Reporter aunt deb says the very image of brittanys mom was much closer than the little girl knew. All she had to do was look in the mirror. You look at brittany and it takes your breath away because shell shes like a little clone. Reporter brittanys questions were opening up its a fresh, open wound again. Absolutely. Yeah. Just like it happened yesterday. You know, i i would just love to to say to her one more time, you know, i love you. One more time. Reporter dana and deb had grown up the rosendale sisters in 1970s toledo. On summer evenings you could find them twirling batons in their backyard, tossing them high above their heads. Michigan, canada. We twirled in parades and marched in a marching band called the ambassadors. Reporter deb, the older sister, was more serious, more competitive. Dana, the baby, was more interested in barbies and make up and her friends. She was vivacious, gregarious personality, big personality. You know, everybody liked her. She had a lot of friends. Where was her life headed . She had a lotta goals. She wanted to own a boutique. Get a job, be successful, have a good life. But she never got there. Never got there. Reporter it was labor day weekend, 1982. Deb was camping with her family when she got word that dana had been found lying on the side of the road, about eight miles from the dance club where shed gone with a friend. And i needed to get to toledo as soon as possible. She was in Critical Condition at st. Charles hospital, in oregon, ohio. So this is an awful drive for you . Absolutely, yeah. You dont know what youre gonna find at the other end . Dana hooked up to life support and friends and family gathering. And of course my mother was there, and she was in pieces. Dana was her, you know, dana was the baby of the family and she was unconscious. Tubes, bandages, machines . Ventilator she had severe swelling. Severe swelling in her face. Reporter and that was the only injury dana appeared to have. Debs mind reeled with the possibilities of what might have happened a terrible accident, perhaps a hitandrun. And of course nothing could be learned from dana herself. Even though she was unconscious, were you talking to her . Absolutely, you know, begging her, wake up. You know, i can remember grabbin her hospital gown and saying, you know, wake up. Just wake up, just open your eyes, you know. Open your eyes. Hitandrun on tracy road. He raced to the scene. So you pull up. What do you see . When i pull up, what i see is the squad is still there, the rescue squad. And there are people, of course, congregated at this point. Reporter among them, a young man who said he was the person who had first spotted dana. He said, i was drivin by. I seen somethin, thought it was a body. I turned around. He showed me where he turned around, and came back, and sure as heck it was. Now, he said, i immediately went up to some homes, knocked on the doors to try to seek some some help. Reporter the detective wrote down the mans name Russell Adkins. What did you think you had . I really wasnt sure, to be honest with you. I didnt know if i had someone hit by a car or was she thrown from a vehicle . I i i really had no idea. Answers from danas family and friends. What he heard were words of suspicion, hints even of murder. With some people in danas family pointing the finger at someone very close to home. Coming up if it was murder, how would they ever prove it . It was all circumstantial evidence. There wasnt a murder weapon. They just had her body. Just had stories and a victim on the side of the road. Right. Reporter when dateline continues. We took lifelong pasta experts is what happened. Thats because even ragu users prefer the taste of prego traditional twotoone. Emma dreamed of honeymooning in aruba. But with the jetblue card, she got there faster than she could get married. Fly faster than you think. Get two times at restaurants and Grocery Stores. Im maggie hassan, and i approve this message. Nothing matters more than our security. Thats why i hired more state troopers. And strengthened plans for school safety. Support aggressive action to destroy isis. And put our security before my party opposing president obamas plan to close guantanamo. Narrator all while kelly ayotte supports reckless and dangerous donald trump. And ayotte skipped nearly half her Homeland Security Committee Hearings on Border Security and drug trafficking. Reporter six days after Dana Rosendale had been found dying on an ohio back road, to take her off life support. How did you say goodbye to her . That was so absolutely horrible, it was horrible. Once they took the ventilator off, probably less than three minutes and she was dead. It was horrible. Reporter deb says her family was shattered. You never heal from this ever. Ever. You grieve and youre angry. And then you grieve, but you never get over it. No one believed dana had been killed in an accident, deb says. And some people in the family openly wondered whether danas boyfriend, toby, father to baby brittany, might have hurt dana. The relationship was a rocky one. It was kind of like a a cant live with you, cant live without you type of relationship. Reporter toby certainly caught the wary eye of detective bratton. The boyfriend refused to talk to him in the hospital waiting room. He learned i was a detective. I aint talkin to you. He started walking away from me. So i latch onto him. I bring him back and we exchange some words. Reporter the detective says he blocked the doorway until toby calmed down. When he did, toby gave bratton his alibi, hed been asleep in danas apartment at the time of the incident. But that apartment was less than a mile from the place where dana had been found. Bratton says family members told him toby had a temper and the start immediately. About your involvement . Immediately. A lot of members of her family think that youre the killer here. Yes. Reporter toby says danas family had never approved of his relationship with her. He was a rough and tumble character, four years older than she, fond of boxing and motorcycles. There was evel knievel, and i was considered awful. Knawful. Perhaps. But toby says they fell hard for each other after a chance meeting at a bar. This girl walked by me, and she said, goodbye. And at that moment, i said, well, how can you say goodbye to me . You never said hello. Reporter sure they argued, toby says, but the birth of baby brittany brought them closer together. Did you think you had a future together . Oh, yes. We planned on getting married. Thats what our goal was. So, you were going to give it a shot . Oh, yeah. With dana at the south side roxy is because hed come home after a hard day at work. He was beat. As dana went to go away to go to the party and everything, she woke me up and told me, i love you. And that was the last thing i ever heard from her. Reporter it was a touching tale, but danas mother didnt buy it. She asked toby to leave the hospital in those final, awful didnt know what to think. The only thing she was certain of was this. You believed at that point that dana had been murdered . Yeah, i i believed shed been murdered. Who, why . I dont know. You know, i have no idea. What did she do . You know, why would somebody want to hurt this beautiful little girl that was full of life . Reporter it looked as though deb would never find out. A few months after danas death, the investigation seemed to sputter out. The air seems to go out of the balloon, deb, and nothing what do you think happened . I believe it was it was open for a couple of years. There wasnt a murder weapon. They just had her body. Technology is different in 1982. No cell phones. No gps. Just had stories and a victim on the side of the road. Right. Right. Reporter many years later, as she watched danas daughter, now a teenager, trying to find out about her moms mysterious death, aunt deb wondered if she should have pushed police harder. Do you beat yourself up about that . Sure i do. Sure i do. For not staying on top of the you know, i have a lot of guilt. Reporter fear, too. Back in the day, deb believed danas killer was on the loose somewhere. She wanted to protect her family, not make waves. But as brittany got older, she knew nothing was going to stop the teenager from searching for answers. What was taken from her, deb . Her mother. A mothers love. There cant be anything worse. Theres nothing worse. Theres nothing worse than losing your mothers love. Yeah. But its clothes and toys. But its not the same. Its not the same to have your mom whos your best friend when you grow up as an adult. Its gone. Reporter and someone else important was missing in 15yearold brittanys life. Her dad. Brittany had heard the whispers about him over the years. His temper. The fights with her mom. Toby had spent much of her childhood in and out of prison serving time for theft, assault, domestic violence. Id turned into, you know, just kind of severing the relationship with my dad. So he was out of your life virtually from that point on . Yes. Reporter and so brittany grew up motherless, now fatherless. She felt so lost until she decided to take the initiative and get answers to the mystery of her mothers death, no matter what the personal cost. Coming up want someone to investigate what happened to her, or i want her file and im going to take it somewhere else. . . 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Other side effects include gas, stomacharea pain and swelling. Talk to your doctor about managing your symptoms reporter as a teenager, Brittany Stork felt alone, angry and unmoored. She had cut her father out of of what happened to her dead mother. It was almost like i started reliving it for some reason, i dont know. Reporter for a while she got on with her life she made the cheerleading squad, studied hard, even invited her dad to her high school graduation. Then at the age of nineteen, she found out she was going to have a baby. I had found out i was havin a girl. I wanted to name my daughter dana, i dont know why. And everybody cried. And i understand cause i dont think now i could call her dana. It would be hard. Yeah, hard to the family, child walks into the room and everybody breaks out in tears yeah. Thinking about the lost mother. Right. Reporter brittany gave her baby her mothers middle name instead. But becoming a mother herself only made her grieve more for the mother shed lost. I talked to your aunt, shes a little bit hard on herself about why she didnt push back in 82, 83, 84. And i have a lot of resentment for my family for not pushing. Still . Yeah. Uhhuh. Why they didnt do anything, you know. Why was it me, the daughter fighting for it. And nobody else was there. Reporter she was bitter at police too. I want to know why they let it go, you know. Theres all these whys that have why was she forgotten about for all these years . Reporter so brittany decided to find out. In 2006, she was serving on a grand jury. And one of the days on the lunch break, i just walked into the lucas county Prosecutors Office, and the girl asked if she could help me and i said, i need to talk to somebody. My mom was murdered. Reporter brittany was given the number of an investigator in the Prosecutors Office in neighboring wood county. That was the county where her mothers body had been found. Limitations, you know, blah, blah people died blah memories have faded right, and this is a long time ago . Reporter but brittany didnt stop there. She says she marched into the Police Department that had first handled her moms case and demanded to see the police chief. Youre just cold walking in on these people . Uhuh. And i basically said, i either want someone to investigate what happened to her, or i want her file and im gonna take it somewhere else. Reporter a detective promised to see what he could phone call, brittany says it felt like her moms case went nowhere. And before she knew it months turned into years. Brittanys life moved on. Married now, she had another baby. She was a dance teacher. Then one day she ran into the original detective whod worked her moms case. Im at a restaurant with my wife eating, and this lady comes up to me. And i i didnt know her, didnt recognize her. And she says, mr. Bratton, id like to talk to you. Dana rosendales daughter and all three of their mouths about dropped to the table and i said i wanna know what happened to my mom. And he just said you know, you need to keep pushing and thats all hed say. Reporter so she did. Brittany says she began calling the prosecutors investigator every week like clockwork. And amazingly he started showing some interest in the case. And hed say, you know, nothin new, or youre looking for a killer . Right. Is he looking for a killer or just trying to find ouwh i think at that point at first he was just trying to put the pieces together. Reporter it wasnt going to be easy. What brittany didnt know was that detective bratton had done a fair bit back in the day, chasing down leads, trying to make sense of it all, but interview tapes, crime scene photos, evidence most of that was missing. Not to beat people up, but what happened to all those boxes, the interviews, the pictures, the measurements it to the average person thats probably unnexcusable and why did it happen . It is possible somebody looked at that, looked at the date and thought moldy oldie, huh . We can get rid of that. Reporter investigators reported back to this man, wood county prosecutor paul dobson telling him what they had to work with and what they didnt. Somewhere along the line, you had to greenlight this and commit budget money to it. You had to roll the dice a little. We had to f there was justice to be done. Reporter the prosecutors investigator teamed up with the northwood Police Department to rebuild what had been lost. To track down people and interview them again. That included paramedic ron billings. She was laying on her right side in the semifetal position. Reporter billings had been one of the first on the scene that night. What he found has haunted him, he says, for thirty years. I see her laying on the side of the road in between the i put my hands behind her head and we roll her over and my hands come out and theyre full of blood and at that point i just shake my head and this isnt real good. Youre gonna lose her, huh . I didnt think she was gonna live through the night. Reporter the paramedic told the investigator he had worked hundreds of traffic accidents but he had seen nothing like this someone with a massive head wound but not much else. We were first checking to see if she was hit by a car. Which woulda had more blood in the lower extremities and things of that nature. She didnt have any of that, nor were her clothes outta place. They were intact and not disheveled, so so what did that tell you in your experience. It told me from what ive seen, that somebody beat her up. Reporter a beating . Thats what it had looked like to one of the doctors who treated dana in the hospital, says aunt deb. I can remember being in that that it was like taking a baseball bat and swinging for a home run, and hitting her in the back of her head. Thats, you know, the extent of her injuries. Reporter but if investigators back in the day hadnt been able to figure out what really happened to dana, could prosecutor paul dobson and his team come up with anything new . Or were they thirty years too late . Reporter coming up rumors of dark doings at a nightclub. Girls datin for money afterhour parties a suspect the man who gave an apparently drunk dana a ride home that night. Now were into the mystery of what happens next, huh . Correct. Reporter when dateline continues. Through the un foundation. . Walgreens. At the corner of happy and healthy. At hunts, what you see is what you get. Because we peel all of our tomatoes with flash steam. Instead of chemicals like lye that some other companies use. Because sometimes doing things differently is just the right thing to do. Hunts. 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And ayotte skipped nearly half her Homeland Security Committee Hearings on Border Security and drug trafficking. . Why do banks treat you and your money like this . They nickel and dime you with fees and minimum balances. Capital one wont do that. Theyve reimagined banking, and built a Checking Account thats free of all that nonsense. No fees. No minimums. No gotchas. At capital one, your money stays your money. Done the unexpected, persuaded Law Enforcement to dust off a thirty year old case file her moms. Shes a force of nature, i think. Its its she is. Reporter doug kinder is an investigator in the Prosecutors Office. He inherited the case when the first investigator retired. He also inherited those weekly phone calls from brittany checking up on him. Give me some adjectives to describe brittany. Determined. Unrelenting. Tough. Was she tough to deal with . No, not at all. Was she a squeaky wheel you wish would go away . No. She just wanted answers. Did you wish she werent doin it, toby . No. When i found out what she was doin, i just didnt want her to be pushed to the side like it never mattered. And if shes kicking over this rock anew again, you know, there you were gonna be with the bullseye again, right . I got another bullseye on my back. Reporter when the investigator cracked open the thin case file. This is what it the file also told him who found her that young man whod been driving by in his car. But just as interesting was where dana had been partying that night that nightclub on the seamier side of town. So, what was that place all about . It was very typical stereotypical of the early 80s in a lotta the nightclubs a lotta music, a lotta lights, lotta people. Reporter and a hotspot wellknown to the city vice unit, according to detective bratton. Toby had a theory about the club he shared with police. Dana, he said, had gotten mixed up in something and was scared. Dana actually told me that somethin was gonna happen to her there were dark business going on at this nightclub. Drug deals, handtohand deal, or . Girls datin for money, afterhour parties. She come home and told me that she thought somethin was gonna physically happen to her. Reporter but was tobys theory Something Else . Maybe an attempt to throw the remember toby said hed been asleep at danas apartment, near the scene that night and he was known to have had a turbulent relationship with her. There were a lot of people pointing fingers at toby over the years. If you went down to the diner and asked, what happened to dana, a lotta people woulda told ya, toby killed her. That is correct. Reporter but danas best friend, roxy, whod been partying with her at the nightclub had another lead for investigators another name. So, what is roxys story . Its been a festive night, a lotta drink. Are either one of them wobbly . Themselves leaving the club . According to what roxy has told us, that dana was pretty intoxicated, that she was not really steady on her feet. Reporter and the friends had no way to get home. Theyd missed the last bus. The clubs bouncer agreed to give them a lift. Is he a friend of roxys or a friend of danas or hows that go together . Roxy has always maintained she just knew him socially from being a regular at the club. Not intimate. That is correct. Reporter roxy said she got speed away. So, when roxy closes that car door and says, goodnight, now were into the mystery of what happens next, huh . Correct. Reporter but heres the thing. The name of the bouncer was one police had heard before. It was none other than Russell Adkins, the young man who said hed spotted dana a stranger in trouble lying in the road. Hed gone looking for help. Knocking on doors. K somebody call 911. Correct. Reporter but it looked as though a crucial part of that story had been a complete lie. Dana was far from a stranger to Russell Adkins. Shed been a passenger in his car. He admitted as much to the original detective in 1982, when he was called in for an interview. One of the first things that russ said to detective bratton was the reason i didnt say anything was because i was on parole and i was scared to have Police Contact me. And he was gonna get jammed up if he correct. Served time for receiving stolen property. He didnt want any trouble, he told the detective. But he did want to help. Here was the truth, he said he was driving dana home, nearing a corner, when suddenly he heard the engine rev louder and his car door close. Next thing he knew dana was out of the vehicle. It would be such a simple explanation, if true. Danas massive head wound had been the result of an unlucky fall from a moving car, an accident. But that wasnt what was written what did your coroner, back in the day, find . He found that she had, in fact, died from skull fracture. But he couldnt answer why she had died. He he ruled her death as undetermined. Reporter undetermined meant anything was possible, according to the coroner. Accident or homicide. He just couldnt say with scientific certainty. It would have been very easy for him to have checked the box that said by accident Natural Causes . Thats absolutely correct. But he checked the box which to us was was very significant. Reporter so was the bouncer lying about the fall from the car . Or maybe that part was true, but shed survived the fall and met her fate in another way. The prosecutor wondered if a modern day coroner would have better luck figuring it out. One of his investigators went to find out. He knocked on my door one day, and he said, doc, i have this case. It was originally ruled undetermined. The daughter has been seeking an answer. Exhumation . Whatd you tell him . Well, i said, you never know unless you look. Because you never know what the bodys gonna look like after 31 years down. Howd you feel about this . I mean, the part of you thats investigating needs it, but the daughter of you in you must be i was just terrified that youre gonna be well, getting knowing that, okay, theyre gonna exhume her means theyre looking at her case. Shes not just a paper file anymore. Further. Reporter brittany prepared herself to face whatever secrets had been buried with her mother. Coming up a 30year old cold case turns redhot. It was like, i was right. Reporter and the spotlight of suspicion lingers on brittanys dad. I said, what happened to my mom . And she instantly threw out my dads name. The spare . I dont want to put anybody out. Nonsense we lend it to everybody. Some people we. Hardly know. Besides, youre family now. Hey look you know, if you dont want to swim, you dont have. To swim. Nobodys forcing ya, ya know . He doesnt have. To, hes an adult. No dad, hes gonna swim. No, its fine, we can play cards. Cmon, lets. When you ache and havent slept. Nol . 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The citi double cash card. Reporter on october 9th 2013, Brittany Stork stood vigil i think i just stared. And i wanted to make sure that, no matter what you do, just please put her back exactly the way you found her. Reporter aunt deb was at brittanys side. It might have been better to leave her in the ground and just Say Something happened. But its beyond our capacity to come to terms with it. We just dont know. Let it be. No. Thats not right. Thats not fair. Its not fair to dana. Somebodys accountable for what happened to her and they need to be held accountable. So if she has to come up, be exhumed and be examined by the forensic pathologist, then thats what needs to be done. Reporter thirty years after Dana Rosendales mysterious death, her coffin was loaded onto a truck and taken to the Lucas County Coroners Office for a second autopsy. And they dont tell you anything, right . No. Unhuh. Reporter until one day she buried with. Would you like it . And i said yes. And i wear them every day. So that was, like, probably the best gift i could have ever had, you know, having a piece of my mom with me every day. Reporter brittany reburied her mom on what would have been her birthday. She laid five dozen roses on her coffin. I stood there. Was back the exact way she was. So they had pulled the dump truck up and they said, you know, you can go, and i said, im not leaving until everything is same. I started taking the shovel and i started putting dirt back into her grave. Reporter but there was still no word from the coroner about what, if anything, she had discovered. Brittany could only guess. An agonizing wait began. Accident. Murder. The bouncer. Her dad. Toby was still a suspect in some peoples eyes. And thats who danas best friend roxy blamed all these years later when brittany gave her a call. I said, what happened to my mom . And she instantly threw out my dads name. And i said, why would you say that . Just because. I said, well, was my dad there with you guys that night . No. Well, then why would you say . Because i it know. Reporter like some people in danas family, roxy just couldnt shake the idea that toby might have been behind danas death. And he certainly had an ugly record. Hed even served time for assaulting. Brittany. They arrested me for domestic violence. Reporter on your daughter . On my daughter. Reporter but brittany and toby say that incident was overblown. Far more important to brittany than tobys past behavior was the fact that he had not once in fact hed been her champion. I knew the truth, you know. I didnt do this. Reporter brittany believed her dad was innocent. As a grown up, she says she could finally understand what shed failed to see as a child. My dads had a really bad life. Hes had a really tough life. And now that im older, i see why. I couldnt i mean, i know how hard it is on me and i dont even quite frankly, i dont know her and, you know reporter hes been in and out of prisons, i dont know what his d a tough time of it. Uhhuh. Well, i think with everything that happened, my mom was the love of his life. And obviously knowing the background and hearing the stories, you know, he couldnt cope with it. Reporter its been 30 plus years, toby. You still miss her . Tremendously. She was the love of my life. She was the love of my life. Reporter it was painful for the coroners report when it finally came. Three long months after danas exhumation, the coroner changed the manner of danas death to homicide. I was ecstatic, i was sad, you know, its just the mixed emotions because it was like everything i had dreamt or thought or said or anything, it was like, i was right. Reporter now that the case was officially declared a homicide, investigators were working it hard. And their focus wasnt toby. It was the bouncer. Investigator kinder had al thought there was something off about adkins statement to detective bratton. One of the things that he said was, we werent even fighting or anything. Ive talked to a lot of people over the years, and that just kind of struck me as odd of reporter introduce that thought, huh . You introduce that thought, she falls out of your car, but yet youve got to interject, we werent fighting or anything. Reporter the investigator also wondered why dana would there was talk back in the day that the car had a defective door. But detective bratton told the new investigator he didnt think so. Hed taken a look for himself. I know i got in the car and i checked it because i had pushed up against it. And im a pretty good size guy. My weight should maybe tell us. Reporter if the doors bum, it would have popped, yeah. I felt comfortable that i didnt see anything wrong with the door. Reporter you didnt feel you needed to get a search warrant or call to have this thing towed . No, not at that point. Looking back, probably an error. Reporter there was another problem. There was no note of the detective checking the car in the police report. And no way for investigator kinder to look himself. Was the vehicle gone . Is it in the junkyard now . We believe thats in the junkyard. Reporter the investigator had an idea. Hed take a fresh look at the stretch of road where it all began. I wanted to see it for myself. Reporter remember the bouncer told police hed been approaching a corner when dana you had one of those rollout. I did it the old reporter measuring devices, huh . I did it the old school way. And i had a police crew behind me, blocking traffic, and i got out, and i walked the whole thing. Reporter the investigator figured out that the closest corner was more than 200 feet away from where danas body had been found. The whole thing didnt make sense. When you sit there and go, how does she end up on the right side of the roadway . How does her purse end up in the middle of the roadway when shes going out the opposite direction . Place . Reporter the bouncer told the original detective hed taken that particular road to get cigarettes. But investigator kinder knew the area. Back in the day, he says, there were no stores open that late. So you see a guy making it up as he goes along here. Absolutely. Reporter the investigator was convinced Russell Adkins was the man responsible for danas the bouncer and get him to talk. What would his story be now . Coming up a suspect who seems to want to help. And who has a brandnew clue for investigators. Do you still want to talk to me about what happened that night . This thing needs to be figured out because this is just stupid, you know. Reporter when dateline continues. Day breakfast. But you dont love that you cant get all your favorites all day. But i want mcgriddles too. But now youll love that you can get more all day. Like those mcgriddles. Yeah i do love that so youll have to find Something Else to not love. Like dog strollers. Or Football Players who stress the word the. Tv the glencoebrook state community college. Or inappropriatelytimed political discussions. Cause its as if it didnt even matter. Over and over and. Frank always dreamed of exploring the rainforests of costa rica. But with the jetblue card, he got there faster than he could learn about the wildlife. Big smiles. Big smiles. Fly faster than you think. Get three times points on jetblue purchases, the jetblue card. She had been told her mother died in an accident, but now investigators didnt believe it either. But there are problems. The case is old, files are missing, and the lead suspect has an answer for everything. Here again is dennis murphy. Reporter more than 30 years had passed since the night Russell Adkins offered two friends a ride home from the south side roxy. Only one of them had made it home alive. He ruined my life, and he needs to pay for it. If this guy did it, what i dont know. Do you need motivation . I just want to know why, you know, what led up to why he did what he did. Reporter so where was adkins now . Investigator kinder didnt have to look far. The bouncer was living just a few miles from where hed grown up, not far from where dana had been found. He was the captain of a charter boat and people in town loved him. He comes off kind of rough, and hes got a big heart. Reporter john and patty stall first got to know adkins when he started working for them in their concrete business, but hed become more like a member of the family. Watching their kids. Cooking for them. Once a year, russ would have a fish fry, and he would stand there the whole time and do nothing but cook fish. Everybody else would bring in their dishes, whatever, but thats what he did. And he loved it because he was doing it for all of his friends. Reporter vera gregory was years. They shared a love of motorcycles and a home. She says he was kind to her. Made her feel safe. Yeah, we fought, we had problems. You know, we were a regular couple. But was i afraid of him, or anything like that . Never. Reporter hardly the portrait of a murderer. Russells friends were shocked to hear police were sniffing at his door. We know russell, the person he is, the big teddy bear he is. And theres just no way that russell would intentionally hurt something was said about, you know, russ, why dont you just get out of here . Why dont you just leave . He said, why . I did nothing wrong. There were people that believed in Russell Adkins. Absolutely. Did it speak something to his maybe it happened the way he said, that he didnt leave the community . This is a guy 30 plus years later whos still around. He had changed his lifestyle, and thats what these people know. And thats what these who reporter but many of his supporters hadnt known adkins back in 1982. The investigator tracked down some people who had. What they told him was ugly. An ex wife and ex girlfriend with tales of beatings. Work colleagues who said he was quick to throw a punch. What was the picture that came together . In that time period . Very short temper. Very short fuse. Reporter finally, after 30 years, investigators believed they had enough evidence to arrest adkins. He was charged with felony murder. Investigator kinder went with us marshalls to pick him up. And he says the man he met was polite, cooperative. Adkins seemed eager to sit down and talk. Youve got a limited window here before he says, i want to have a lawyer. Were done here. Youve got to keep him talking as long as you can, i think. Right. Whats your strategy in dealing with him . I just wanted to go slow and easy. I wanted to go over his story. Do you still want to talk to me about what what happened that night . Be figured out. This is just stupid, you know. Reporter adkins story started out the same as it always had. The chick fell out of my car. I mean, absolutely fell out of my car. I dont know if she grabbed the door handle, or i still dont know how. It still bugs to me this very day how she got out of that door. Reporter and once again, adkins had a ready explanation for why hed initially lied to the cops. You originally told them, russ, that you were just driving by and saw her laying in the grass. Well what were you so scared of . Just being involved with the police, period. Reporter but as hard as he said it was to remember that night, adkins offered the investigator a brand new detail when confronted with evidence in the case. As you well know, danas body was exhumed. Right. Okay, and then they did another autopsy and that led us to believe that she was hit over the head not from falling out of asking you now how did she get the trauma on her head, then . From that pole that was there where the mailbox was at where she was leaned up against when the the officer came. He claims that he found her leaning up against a mailbox post. So she not only goes out the door, tumbles in the road. Her head presumably hits a mailbox . Thats what he says. Which could account for the injuries. Right. But we knew there was nothing there except for three very large trees kind of spread along the roadway. Reporter investigator ki bouncer. Russ, with all due respect, im not buying it. Im going to treat you like a man, cause youre treating me with respect too, but im sorry man, im not buying it. Reporter when brittany found out adkins had been arrested, there was only one person she wanted to tell. The first thing that came to my mind was, i need to get my dad. And i just said, they got him. And he said, what do you mean, they got him . And i said, hes been indicted and my dad just crumbled. He just kept saying, thank you, god, thank you. Like this is what ive wanted my entire life. Reporter but brittany knew her fight for justice was far from over. You have to steel yourself for this trial . Uhhuh. And i will be there every second of it, because, you know, nobodys else has ever been there for her. And you know it is a cold case file, its still mostly circumstantial. Its a tough case to make. Right. But i feel in my heart if people listen to the facts, i mean, theres facts, you know. But if the jury doesnt see it that way and he walks, are you okay with that . Im not. But im not going to stop my opinion, my heart, everything, he killed my mom. And he needs to pay for what he did. Reporter coming up no dna. No fingerprints. No witnesses. Have . I knew that the prosecution had a hard road. Its cool get the iphone 7 on us and unlimited data a leading consumer testing publication recently tested the top laundry detergents. The winner persil 2 in 1, didnt only beat tide. Switch to Persil Proclean 2 in 1. 1 rated. Sure, we could have stacked these tires. Or put them on a rack. But the specialists at ford like to show off their strengths 13 name brands. All backed by our low price tire guarantee. Yeah, were strong when it comes to tires. Right now during the big tire event, reporter january, 2016. In northern ohio, winter settles in. State. And gloom hung over the Prosecutors Office too, where paul dobson and his fellow prosecutor Gwen Howe Gebers considered their longshot case against Russell Adkins. They didnt even have any crime scene photos for the jury to see. It was kinda shocking to stop and look and say, you know, what actually do we have . Reporter and so it came pass that 33 years and four months after her mother was found by the side of that road, brittany courthouse. Shed spent so much of her life trying to find out what had happened to her mother and now the moment of truth had arrived. The defendant Russell Adkins did purposely cause the death of Dana Rosendale. Reporter the prosecutions Opening Statement was simple common sense and science would prove Russell Adkins was a liar and a killer who had created a story about a tragic car accident to cover his tracks. Deb, are you familiar with Dana Rosendale . I am. Took the stand to talk about her little sister forever 19 years old. She loved life, she loved people, she loved her family, she loved her little girl. Reporter deb told the jury it was obvious to her that dana had not been injured in a car accident. She didnt have one except for the swollen side of her face, and i will never forget that the rest of my life. You were emotional that day on the stand . Extremely emotional. Yeah. Extremely. Yeah. Its like living it all over again, almost 34 years later, just like it happened yesterday. Do you swear to tell the truth, the whole truth, and nothing but the truth . Reporter the prosecutions next witness was the e. M. T. Ron billings. He told the jury why an accidental fall from a car never made sense to him her shoes that she was wearing were the clog style, and she had one was still on and one was right next to her body and they werent scuffed up either. If you think of riding a bicycle at 20 2025 miles an hour coming off of that bicycle, youre gonna do damage to yourself and those are the kind of things that you wanna bring out to the jury. Reporter another thing the prosecutor wanted the jury to understand was how many times about that night. Detective bratton told jurors about adkins story version number one that hed been a Good Samaritan whod stopped to help dana. He stated that he was driving south and seen something in the roadway. Reporter then came adkins story number two, the detective testified. Dana had been in his car, but had fallen out. The detective told the jury he didnt buy it hed checked out that car for himself. And what did you observe in doing that . I didnt observe any problems. Reporter finally there was adkins story number three, prosecutors argued, when he came up with that new detail the mailbox. How did the back of her head get caved in . That pipe from the mailbox that was there. Reporter but if adkins was lying about it being an accident, prosecutors needed to tell the jury what really happened. What evidence was there of murder . Forensics. This really becomes a case about science, doesnt it . If the science didnt work, if the jury didnt understand it or didnt buy into it, it was gonna be a not guilty. Reporter dr. Diane scala barnett, the coroner who had performed the autopsy on danas exhumed body told the jury shed been able to get a better look at danas skull than the first coroner. I saw separate fractures and the pattern of fractures only after th there were three impact patterns, three distinct patterns. And what would have caused those . A beating. A beating . Some sort of bludgeoning instrument absolutely. Unknown, was used . Absolutely. But theres no question there were three impact sites on the skull . No question. And this was not at all consistent with falling out of a car. Not at all. Not in my experience. Y shaped incision reporter it was gruesome testimony for brittany to sit through. The one thing i wasnt right. Did they tell you this is gonna be the day and you may wanna step outside . They did. And i said, no, you know . Im here from the beginning to the end every second no matter what. Large area of bruising to listen to the experts testify that she had three blows, distinct, different blows you just hope she didnt suffer. Reporter but what had caused these terrible injuries . The prosecution had a theory. What we believe happened is that on the way home, he may have tried to do something to dana that she didnt want him to do it. It may have resulted in a confrontation, shes either ordered out of the car or she gets out of the car. Perhaps, more words are exchanged, but she was walking away from that vehicle, and he came up behind her and he struck her on the back of the head and immediately dropped her to the ground and as shes laying on the ground, struck her at and fractured her skull. Reporter and the prosecution had a possible murder weapon they wanted the jury to hear about. They called a former Patrol Officer to the stand. Two days after danas body was found, hed stumbled on something a few feet from the place where adkins said hed turned his car around. I found the back side, the back end, whatever, of a pool cue and it appeared to have a substance on it that i thought possibly could have been blood. Reporter could a pool cue have been the murder weapon . The prosecutors asked the jury to listen to what adkins had to say about it. Did you used to have a pool cue that you used to carry in the car . Well, yeah, i shot pool with it, but i never carried those at the bar. You never had one in the car that night. Nope. Okay. Well some of the indentations on the skull are consistent with like the fat end of a pool cue and the funny thing about that is that a end of a pool cue was went to look for a phone. For you to say that there was a pool cue down there that no, i aint going for that. No, i didnt do that. She fell out of my car. Do you know that, in fact, was the pool cue that he carried we cant say 100 , but circumstantial evidence and coincidence is he goes down to that location, turns around, and, in a field, nearby, a pool cue just happens to show up. Reporter so, nearly 34 years on had the p clear enough picture for the jury of what happened that night . Did they do it in your opinion as you sat there . Or were you worried . I was a little worried and i dont know if it was just because it was my first time hearing everything, and everything was so scrambled and it was so stressful. I knew that the prosecution had a hard road ahead of themselves. Reporter the defense team was about to lay into the prosecutions case with a celebrity scientist and a basket coming up Law Enforcement lost or destroyed several pieces of evidence. Reporter a gap in the files. And some peoples memories. Reporter when dateline continues. Dont let dust and allergens get between you and lifes beautiful moments. By choosing flonase, youre choosing more complete allergy relief and all the enjoyment that comes along with it. When we breathe in allergens, our bodies react matory substances. Most allergy pills only control 1. Flonase controls 6. And six is greater than one. With flonase, more complete relief means enjoyment of every beautiful moment. Flonase, six is greater than one, changes everything. . I have no idea whats in this seaweed wrap. But with this usp seal i know exactly whats in my nature made gummies. Nature made has the first gummy certified by usp. At ikea, we believe that everything you need should be within reach. 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Everybody got together and said, we got to go in there and show these people that russell would never do that. Reporter months before, the same friends had thrown a benefit to help raise money for the bouncers legal fund. People just brought in food. Different people that got up and sang and played music, and just so many people that really have nothing. But they all pulled together, and whatever they had to offer, they did. Reporter vera wondered if her former lover was being targeted because he was a biker. But she says even that doesnt matter. Whether hes a nice man or whether hes a jerk, the bottom line is there was not enough evidence to accuse this man of this. Reporter adkins defense attorney neil mcelroy couldnt agree more. The case was, its a 1982 case, there mustve been a dna hit. Something has been discovered, some dna match. And of course, there was nothing. Reporter a point he emphasized in his opening argument at Russell Adkins trial. Law enforcement lost or destroyed several pieces of evidence. Reporter neil mcelroy and his partner, ronnie wingate, drilled into the prosecution witnesses, challenging their but you didnt remember where it was found . No, i couldnt tell you the exact spot. I dont remember. I mean it was 30some years ago. Reporter as for the original detective, bob bratton . The defense got him to concede just how much evidence was missing. As it relates to the clothes, the pool cue, any photos, the map of the scene that was made that night, all that information is gone, is that correct . Thats what ive been reporter the defense even questioned the detectives account of checking out adkins car door. Is there anywhere in that report where you state, i went out to the car, i inspected the car, i sat in the car, i opened door . Is that anywhere in report . No, its not. Reporter just as questionable, said the defense, was the prosecutions possible murder weapon, that now long lost pool cue. You sent them off to have them test the material that was found on the stick, and you became aware it was not blood, negative for blood . Negative for blood. Negative for hair. Yes. Reporter and there was nothing linking the pool cue to Russell Adkins either. Zip. You cant tell this jury that that pool cue came from russ adkins vehicle on september 5th of 1982, can you . No sir, i can not. Wasnt just that there was no evidence linking Russell Adkins to the murder. The defense pointed out the only forensic evidence investigators uncovered excluded him after the second autopsy, investigators had sent danas fingernail clippings to the state crime lab. The male dna found under her fingernails was not mr. Adkins . Thats correct. Reporter far more believable the defense said was adkins september of 1982 he didnt do anything, she fell from his car. That has that has not changed at all. Lots of other evidence has vanished, witnesses have disappeared or died thats the one thing that has not changed. Reporter and even if you didnt believe Russell Adkins words, the defense said, his actions that night seemed to speak for themselves. Frankly, it doesnt make sense that someone who has just murdered someone is then going to go door to door at 3 00 in the morning, pounding oo trying to get them to call someone to come help her. Putting yourself at the scene . Correct. Reporter and if the crux of the prosecutions case was the science, the defense was more than happy to make this a case of dueling science. You knew early on it was going to be a battle of science, expert versus expert . Yes. Reporter and if weighty resumes counted, the defense expert maybe had the edge. Hed performed or supervised more than 62,000 autopsies. His name . Im not sure theres a better cv for a forensic pathologist that you could find. The brain. Reporter renowned for his work in historic cases like the Jfk Assassination and more recent sensational cases like casey anthony, dr. Spitz had even written the textbook for pathologists, and he disagreed with everything the coroner had to say. Dr. Barnetts opinion was that these fractures that you three different impacts. Do you agree with that opinion . No. What conclusion can you draw about how these fractures and these injuries were caused . One impact on a very hard, flat surface. Thats my opinion. Reporter dr. Spitz said the science showed Russell Adkins had been telling the truth. Dana had hit her head on the road after falling out of a car. On her elbows and shoulder, proved that. The abrasions were significant to him, that abrasions to the elbows and the shoulder are indicative of a fall. When you fall back, your arms tend to go back to brace yourself from the fall. Dr. Spitz, if these fractures are a result of being struck with a weapon the size of a pool cue, i believe you said you would expect lacerations on her al yes, let me just say this. If this was a weapon, this whole thing would look different. And not to slight your county person, but dr. Spitz has got a lot of credentials, a lot of autopsies, a lot of history. The concern is that the jury buys the flash and and doesnt listen to the science. Reporter but before the jury could mull over the science, they had to take into account the story of the only other would tell her story in public for the first time. Coming up roxy says dana was in danger even before she left for the nightclub. The bedroom door opened. He came out and he turned around. He goes, there, bitch, now go out. And she walked out and she had marks and stuff. [ . Diggy . By spencer ludwig] choose to smooth. Choose effortless glide from side to side. Choose kneeloving, underarmcaring, bikini linebearing. Choose venus swirl. 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Reporter one woman had been at Dana Rosendales side the night her life was destroyed, her best friend roxy. It was she who had watched dana drive off into the night with Russell Adkins. That made her an important prosecution witness. But investigator kinder knew calling roxy to the stand was a gamble. Felt that maybe there was a little bit more there. There were boundaries, you thought, to her story . Yeah. But you werent gonna be able to crack em. No. Reporter the judge agreed with roxys request that we not record her court testimony. But she did agree to sit down with us for an interview. She said after thinking about it she was eager to tell her story, all of it. It was her way, she said, to talk to brittany, her best friends daughter. My heart breaks for her. I wish she could just see me in sees me as one of the bad people and im not. Track 103 and roxy says she has so much to share with her. Stories of her mom, dana, when she was alive and their friendship. She was the one, roxy says, who helped dana make brittanys baby book. I remember sittin on the couch with her makin that baby book. I was still pregnant and she had already had brittany, and we were makin it. And we did a pinkie swear and said that our kids would grow up as cousins. Reporter but it wasnt to be. Roxy says she was at danas days. She was the one who did her makeup at the funeral home. Talkin to her for the very last time doin her hair and makeup just like we always did. And i kissed her goodbye layin there on that steel table. Your friend dana. My friend dana. I miss her. Reporter roxy is haunted by her memories of the night she last saw her friend. Seeing dana across the dance fl bouncer was giving them a lift home. So we went to go get in the car, and he said, dont forget. And i said, i know. And so we had to go through the drivers side cause the passenger side door was broke. Couldnt open it. You could. Oh, yeah. You could . You could. But to make it close correctly, you had to kinda lift it up and close it. Was it common knowledge, roxy, that he had a car with a bum door . Yep. Reporter and what roxy says happened next could be the key to the mystery. According to roxy, the bouncer bathroom. Then she helped dana get back into adkins car, through what she remembers as a faulty passenger door. I walked her out there and put her in the car and i closed the door and i said, ill talk to you later. But you werent gonna. And off they went. That is the goodbye. Last time id seen her alive. Do you beat yourself up, roxy, about that door and whether you closed i beat myself up it correctly . A lot. Or . You know . Uhhuh. I i thought about that for a long time. For a loim think happened . Nobody knows. But what do you think happened there . You know the i vehicle. I think she fell out. I i think it was a freak accident. Reporter but if she was wrong, and dana was murdered, roxy is sure she knows who did it. And it wasnt the bouncer. Roxy says dana had confided in her, that her relationship with toby was broken. And one chilling statement she made stood out to the best friend. Anything that happens to me, its toby. Wow . Yep. She said that . Yep. Mental. Physical. Yup. Reporter something she saw with her own eyes, roxy says, when she went to meet dana before they went dancing that night. He was in the bedroom with her and there was commotion goin on inside the bedroom. And the bedroom door opened. He came out and he turned around. He goes, there, bitch, now go out. And she walked out and she had marks on her and stuff. Reporter roxy says dana told her something horrific that toby had not only beaten her that evening. Hed raped her too. This was the bombshell testimony something the Prosecution Team hadnt heard before. How much damage is she doing to your case cause now, maybe, youve got someone else who has a thing against dana . It just didnt make sense, though. It doesnt fit what we knew. She either fell out of the car or it was russ because hes the last one with her. Reporter it was a terrible thing for brittany to hear about her dad but she didnt buy it for a second. My mom wasnt the one that would put up with that crap. Yeah yeah. They fought. Her before she went out, she would have either fought back or the cops would have been there cause she would have had him thrown out. Reporter but theres Something Else roxy told us, something the jury and brittany never got to hear. Roxy says toby followed dana to the club that night. Toby was there . Toby was there. Whatd you see in him . Mean, nasty, the guys that were there the at the front door wouldnt let him in cause he was steamin and he was bein hot. Reporter roxy says thats why dana had asked for a lift home. She was scared of what toby would do to her if he caught up with her. And maybe he did, roxy thinks. She says the bouncer told her he saw a motorcycle near the scene that night. Could it have been toby following them . Roxy wonders whether toby pounced on dana after she fell from the bouncers car and lay stunned and helpless on the road. Remember adkins had gone looking for help. He had enough time to slam her head in that side of that road and then be gone cause his thats his alibi. Reporter toby adamantly denies having anything to do with danas death. He also denies he raped dana that afternoon or showed up at the club. When you hear the stories that you were there that night, youre sayin thats baloney . Thats thats total crock. Shes got another part of the story. Not only does she say you were there that night but she says that you violently assaulted dana. Yeah. She, you know virt virtually raped her. Did that happen . No, not at anything approximating that . All. No, not at all. Not at. Story . Thats a roxy story. Reporter brittany wonders why her mothers best friend so adamantly defends the man accused of killing her. A man roxy has always told police was just a casual acquaintance. And yet, theres a note in the police file that adkins might have been roxys boyfriend back then. That she told danas mother they were dating. Clear up the issue, was there anything between you and and russ adkins . Absolutely not. Never. He was just a guy at the thats right. He was just a guy at the club. And youre not covering for him and trying to do him some good . You absolutely not. I wouldnt even protect him over my best friend. She was my best friend. She was we were gonna raise our kids together. No way would i ever, ever do that. If hed been involved in foul play . If he had been involved, there is in absolutely no way. No way. Reporter what would the jury think of roxy. Had her story of a violent toby raised the specter of another killer . After five days of testimony the jury was sent off to deliberate. Brittany stork prayed her long ne her mother and erase the suspicion hanging over her fathers head was almost over. Coming up how dana, herself, finally got to tell her story. Youre gonna be holding the skull itself in front of the jury. It was a sacred thing for us to do. Reporter when dateline unpredictable diarrhea and abdominal pain, you may have Irritable Bowel Syndrome with diarrhea or ibsd a condition that can be really frustrating. Talk to your doctor about viberzi. A different way to treat ibsd. Viberzi is a Prescription Medication you take every day that helps proactively manage both diarrhea and abdominal pain at the same time. So you stay ahead of your symptoms. Viberzi can cause new or worsening abdominal pain. Do not take viberzi if you have or may have had pancreas problems with alcohol abuse, longlasting or severe constipation, or a blockage of your bowel or gallbladder. If you are taking viberzi, you should not take medicines that cause constipation. The most common side effects of viberzi include constipation, nausea, and abdominal pain. Stay ahead of ibsd. . Lots of vitamins a c, and, only 50 calories a serving. Good morning, indeed. V8. Veggies for all. This whirlpool washer jenny got from lowes is great. Its customized cycles help protect your favorite clothes . You can take him, mom well, they dont call us boxing kangaroos for nothing, son. Reporter the trial hadnt been easy for them to sit through. The autopsy photos. The expert testimony. Brittany and her aunt deb had endured it together. How did you take care of one there were a lot of tears. There was a lot of prayers, strength, inner strength. Yeah. She might be a little bit more strong than me. Kind of like shes a lot like dana. Reporter they waited together in the courthouse lobby as the jurors deliberated. The longer it went throughout the day, you know, i i started to get concerned. Reporter after theyd been out for more than five hours, the jurors filed back into court with discouraging news. They could not reach a decision. All this work youve put into it, and you dont have a resolution one way or the other. The judge gave them what what we generally term the dynamite charge, which is, youre the best jury. Now, go back in there try and come up with a determination. And they went back for about an hour. An hour, yeah. For an hour, and they came back and they said theres just no way. With that said, i will declare a hung jury. You had pushed this thing for so long. Did you think thats all theres ever going to be . Right then in that right second, i just kept thinking, oh my gosh. Reporter fear. Disappointment. Exhaustion. Brittany wondered what would happen next. Only the prosecutor could decide. His team sat down with some of the jurors hoping to understand where the case had gone wrong. From what we were told by the jurors that we spoke to, they they did not believe for a second that dana fell out of the car. But for a few of the jurors, they just were not confident of how those injuries got on danas head. Reporter theor complained so much was missing from 1982. Reports, photos, evidence. They needed something more. The prosecutor could think of only one thing, but he would need brittanys permission. It was a weighty conversation for me to have with them to say, its my intention to reexhume her body and to keep her skull out and present it to the jury. Just a power point presentation of suspicious looking injuries to the skull. Youre going to be holding the skull itself in front of the jury like a scene from hamlet. This is going to sound but i cant come up with another word because it was actually a word used by the pathologist. It was a sacred thing for us to do. Reporter the prosecutor believed danas skull would do something the photos and diagrams couldnt. Enable the coroner to show the jurors exactly where dana had the damage was was visible as you looked at the base of her skull. Okay, so theres one injury to the ear. Theres one injury there. Now, if now if youll turn around, the other injuries were to the back of her head. And then, there was another one, which was very telling. You think thats the most telling injury of the yes, danas head would have had to have been bent down with someone striking it from up here in order to get into that area and do that damage to her skull. Reporter the coroner had some reservations about that i thought it was a good idea, but i was hesitant, because i knew that if danas skull was entered into evidence, it might wind up in a locked locker somewhere for the rest of eternity. And i i couldnt see that. I im a layman of laymans, but were not talking about a fibia or a tibia. No, were talking about a skull. Kind of if youre a human skull. You know, this is where some people believe the soul resides. I know. Reporter would brittany go for it . Was there a moment, brittany, where you said, wait a second, enough is enough. Rest, here. It took me a second to process when he said, i want to have your mom there. It actually took my dad to tell me, its okay. Reporter and so, in april 2016, brittany and her aunt stood by as danas grave was opened up yet again. Im trying to be strong. You know, ive been wanting this for so long, and for most people its bringing everything back. Im mad. Reporter the second trial began a few months later. Brittanys family and adkins supporters gathered once again at the courthouse. Was that tough to be coming up the elevators with them, and seeing them in the hallways . It was very tough. But i have to tell you that there were several of them that came over to me, and and apologized that we had to go through this, and go through the pain. Reporter brittany watched as the prosecution called the same cast of witnesses to the stand. The detective, the investigator, the paramedic. And i kind of stayed with her and held her hand. Reporter and of course, roxy was there too. Hes the defendant wearing a green shirt. Reporter once again, she scored points for both sides. The prosecution. Did you ever see anything in mr. Adkins car . A pool stick that was cut with a piece of metal on it. Reporter and points for the you were aware of the difficulties with this door . Is that correct . Yes. Yes. Reporter and even though the defense insisted the evidence proved danas injuries were from an accident, not a beating, roxy once again raised the specter of another suspect when she told her story of tobys fight with dana. As a matter of fact, it was a physical fight and a rape, is that correct . Yes. Yes. Reporter brittany says she felt much calmer this time hearing other people talk about her mother and the way she died. And maybe thats because her mom was right there, too. As soon as they brought that box in, i knew it was her, and i just sat there and stared at it for a minute. Reporter the coroner took the skull out of the box to show the jury what her examination had found. This has got to be just god awful for you and the family. Theyre Walking Around a courtroom before a jury with your sisters skull saying, heres the evidence you need. It was it was pretty hard it seemed like forever. Forever. I mean like hours. Reporter the prosecutors werent the only ones with something new for the jury. The defense had been fine tuning its case too. They showed the jury photos from a french case where a man had fallen out of a minivan. His fracture was clearly bigger than miss rosendales. But its too similar to be something more than just a mere coincidence. Reporter dr. Spitz took the stand and said he was more confident than ever in his opinion. I believe that this is a single impact when she either fell or jumped out of a moving vehicle. Reporter but this time, the prosecution went toe to toe with the renowned doctor, arguing that some of his testimony didnt match the writings in his own book. But please answer my question and ill be happy to provide you your book. But is that what your book says . This was my Second Opportunity at dr. Spitz, and this was not going to be one none of it has anything to do with a triangular fracture, does it . No, but i would like thank you. Reporter when prosecutor Gwen Howe Gebers gave her closing argument, it was danas skull she asked the jurors to consider first and foremost. The three injuries, she said spoke for themselves. And recall that a bone is a moment frozen in time, ladies and gentlemen. Reporter nonsense, replied the defense in its closing. Where is the proof beyond a reasonable doubt . Going to change brittanys mind. She prayed the jury would see Russell Adkins the way she did as a ruthless killer who had escaped justice for too long. You are his nemesis. Uhhuh. Had you not come along, he would have gone about his life. Uhhuh. Yeah, and ill never go away. Ever. No matter what, ill never stop fighting for my mom. Reporter coming up after three decades and two justice finally be over . Everyone kind of started scrambling. Thats when your stomach starts churning and youre thinking, geez, did we do . Itll be here before you know it. Its the one night when everybody dresses up. And that includes dinner. Its baking season. Warm up with pillsbury. Im lucky to get through a shift without a disaster. My bargain detergent couldnt keep up. So, i switched to tide pods. Theyre super concentrated, so i get a better clean. Tide. Number one rated. Its got to be tide the chase freedom unlimited card the cash back is unlimited and you can spend it on anything. Like, whatever the next ad is selling. Get the chase freedom unlimited card. I overpack. But my guy knows what to bring. Like viagra single packs for ed. 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Brittany settled in to wait one last time. Youve been the one that has kept up the cry for justice here. Kept everybody going. Uhhuh. Yeah. I i think my mom was pushing me, cause sometimes i dont think that i was that strong of a person. Reporter upstairs Russell Adkinss friends were waiting too. We sat out in the hallway six hours we sa t hallway. And they i took a nap on a bench. I mean, really. And when we went in there i thought it was it was like i hadnt woke up from a nightmare. Reporter word came in the middle of the night, just after 1 00 a. M. The jury had a verdict. And everyone kinda started scrambling and i started texting my family. Youre all filing into court, going to your table. What did you think . Starts churning, and although its air conditioning and youre cold, youre hot. Your hands start to sweat, and youre thinking, geez, did we do everything we could . Was there something we could have done differently . Reporter brittany closed her eyes in a silent prayer and waited. The family clasped hands as the judge read the verdict. We the jury find the defendant, Russell Adkins guilty. Reporter brittany doubled over finally feeling the weight of it all. When i heard guilty, i had lost it. I started bawling and it was almost like did i really even hear that word, you know . It was just so crazy, you know . I was happy. But it was just like all my emotions that i kept in the entire trial came out at once. Reporter Russell Adkins was led away an angry man. A few days later he wept as the judge sentenced him to life in prison. Guilty. I just yeah. Unbelievable. Unbelievable. On what . Theres so much doubt. Did you finally get justice . I got justice for my mom and i got justice for my dad so people would stop saying that he killed my mom. cause you really had two agendas here . Yeah. Truth be told . Right. You wanted to have the person who killed your mom come to accounts . Right. And you also wanted the court of Public Opinion to let your father go . Reporter toby knows just how much he owes his daughter. And how much hes failed her over the years. He wants to do better. How are you doin with brittany these days . Pretty good. Shes turned out great. You know that right . I am so proud a her. To see how i was and how i lived and how i acted by example, she daughter. Reporter brittany doesnt expect her relationship with her father to be perfect overnight. Nothing can make up for the years she spent without him in her life. But shes willing to give it a shot. How would you describe things between you and your dad today . I mean, its not can you put together some kind of a adult relationship . We do, you know . He texts me and i call back. But i think our lives have been so separate for so long that its hard. Reporter there are other hard things brittany didnt expect. A few hours after the conviction, a woman who knows Russell Adkins, posted what appeared to be a threat on facebook. To the little b that started all of this, im coming to you for you and your daddy. You can take this as a threat because it is. Her own daughter tight, brittany went into hiding. The author of the threat was arrested and charged with intimidating a witness. She has pleaded not guilty. Still, brittany says shes on edge. Its always gonna be in my mind, you know . That latenight knock at the door. Do we answer it or is it somebody that might be there for me . Reporter she is also mindful that her mothers skull is in an evidence box somewhere. And its going tbe is over. Still, she says its all worth it. This 30year fight for a mother she loves and cherishes, even though she never knew her. Did you ever have a moment where youre able to say goodbye . Were done . We finished it . Mission accomplished . I think it was that night when the judge said, guilty. It was probably i think in my mind the best thing id ever heard my entire life and it was like its over. Reporter but its not really brittanys baby blanket is in her moms coffin. Brittany wears her moms rings every day. They are close, these two. Shes gonna be on my mind ryan now from the night team. Jadiann were following two big stories. Ryan first breaking news in the race for the white house. Jadiann donald trump uncensored and in trouble. Tonight the fallout over his lewd comments about women. Jeremy and were tracking hurricane matthew. The storm is coming up the coast. Ryan heavy wind and dangerous flooding doing serious damage and the storm isnt done yet. Jadiann plus the sox head home on the brink. Ryan details now from the jadiann 7news at 11 00 starts now. Ryan first at 11 00, breaking news. I moved on her, and i failed. Ill admit it. I did try and [bleeped] her. She was married. Ryan a dratmatic campaign shakeup. Donald trump in trouble after lewd comments he made about women come to light. Tonight the republican candidate is facing backlash from inside his own party. Jadiann at this hour were awaiting a video statement from donald trump who is in trump tower huddling with advisers. Lets get straight to the latest gunnoe. Brandon you can hear trump making vulgar comments about women on the tape, even how he gropes them. Republican House Speaker paul ryan saying he was sickened by trumps comments. The two were supposed to Campaign Together tomorrow. Ryan now saying trump wont be coming. Ten years ago on an access hollywood bus headed to tape a cameo on days of our lives, he was recorded on a hot mic. I moved on her and failed