say that all orcas die at 25 or 30 years. >> 25 to 35 years. >> 25 to 35 years. >> they're documented in the wild living to be about 35, mid-30s. they tend to live longer in this environment because they have all the veterinary care. >> and of course that's false. we knew by 1980 after half a dozen years of research that they live equivalent to human life spans. and every other potentially embarrassing fact is twisted and turned and denied one way or another. >> so in the wild they live less. >> like the floppy dorsal fins. >> 25% of whales have a fin that turns over like that as they get older. >> dorsal collapse happens in less than 1% of wild killer whales. we know this. all the captive males, 100% have collapsed dorsal fins, and they say that they're a family. that the whales are in their family. they have their pods, but that's just, you know, an artificial

assemblage of their collection. however management decides they should mix them and whichever ones happen to be born or bought or brought in. that's not a family. you know? come on. >> you've got animals from different cultural subsets that have been brought in from various parks. these are different nations. these aren't two different killer whales. these animals, they've got different genes. they use different languages. >> well, what can happen as a result of them being thrown in with other whales that they haven't grown up with, that are not part of their culture is there's hyperaggression. a lot of violence, a lot of killing in captivity that you don't ever see in the wild. >> for the health and safety of the animals, please do not put your hands in the water. >> there's always this backdrop. this underpinning of tension between animals.

whale-on-whale aggression was just part of your -- you know, the daily existence. >> we ask that you use the stairs and aisle ways as you exit. please do not step on the seats. these areas may become wet, and therefore slippery to some footwear. thank you. ♪ >> in the wild when there's tension they have thousands of square miles to exit the scene and they can get away. you don't have that in captivity. could you imagine being in a small concrete enclosure for your life when you're used to swimming 100 miles a day? >> sometimes this aggression became very severe, and in fact whales have died in captivity because of this aggression. >> i think it was 1988 kandu tried to assert her dominance over corky. rammed corky. it fractured her jaw, which cut an artery in her head, and then she bled out.

that's got to be a hard way to go down. i saw there was just a lot of things that weren't right. and there was a lot of misinformation and something was amiss. and i sort of compartmentalized that part of it and did the best i could with the knowledge that i had. to take care of the animals that were there. and i think all the trainers there have the same thing in their heart. they're trying to make a difference in the lives of the animals. they think if i leave, who is going to take care of tilikum? that's why i stayed. i felt sorry for tilikum. i mean, if you want to get down to the nuts and bolts of it, i stayed because i felt sorry for tilikum, and i couldn't bring myself to stop coming and trying to take care of him. ♪

>> gosh, do i love coming out here every day and having the audience just love what we're doing with the animals. how do i make this an million as beautiful as they are, having people walk away loving this animal. and they're touched and moved. and i feel like i made a difference to them. >> i left in january of 2010, a month before dawn passed away. she was, like, a safety guru. i mean, she was always double checking and making sure that everyone was doing the right thing. so i remember she would record every show that she did and she would watch it and critique herself. and she was constantly trying to be better. when i found out it was dawn, i was shocked. that could have been me. i could have been the spotter. what if i was there and i could have saved her? you know, all these things go through your mind.

>> john sillick was the guy who in 1987 was crushed between two whales at seaworld of san diego. now even though i had been working at seaworld for six months, i had no idea that had even happened. i never heard the story. and the seaworld party line would say it was a trainer error. >> it was john's fault. john's fault. he was supposed to get off that whale. and for years i believed that. i told people that. i actually started seaworld like five days after that event occurred, and we weren't told much about it, other than it was trainer error, and, you know, especially when you're new into the program, you don't really question a whole lot. well, you know, years later when you actually look at the footage, you go, you know what, he didn't do anything wrong. that whale just landed on him. that whale just went to the wrong spot. it could have been aggression. who knows. but it was not the trainer's fault at all watching that

video. >> when i saw the video of the killer whale landing on john, i mean, it just absolutely took my breath away. i gasped. i watched it two or three times. every time i saw that i gasped. i could not believe what i was seeing. what kept his body together is basically his wet suit held him together. but i know he's had multiple surgeries and he's got tons of hardware in his body and it's hard for me to believe i didn't actually see that video while i was actually an animal trainer. it seems to me every person who works with killer whales should have to watch that video. >> tamary. you know, tamary made mistakes. the most important was interacting with whales without a spotter. so she's putting her foot on orchid. she's taking her foot off. she's putting her foot on orchid, she's taking it off.

watching the video and knowing orchid, your stomach drops. because you probably know what's probably going to happen. she grabbed her foot. tamary whips around and she grabs the gate. you see her just ripped from the gate. at this point tamary knows that she's in trouble. she's under the water. splash and orchid both have her. she's totally out of view. no other trainer knows this is happening. people start to scream, you know, as the park guest that was filming it. you hear -- you don't see her -- but you hear tamary surface. you hear her just scream out, somebody help me. and the way she screamed it was such a blood-curdling -- like she knew she was going to die. robin, when he ran over, he made a brilliant decision. he told the trainer to run and take the chain off kastka's gate. by taking that chain off it

would give the precursor to orchid that kastka is coming in. kastka is more dominant than orchid, so orchid let her go. her arm, it was u-shaped. it was compound fractured. she's very lucky to be alive, that's for sure. ♪ >> i believe it's 70-plus, maybe even more, just killer whale trainer accidents. maybe 30 of them happened prior to me actually being hired at seaworld. and i knew about none of them. >> i've seen animals come out at trainers. >> something is wrong. >> i've seen people get slammed.

>> the whales, they're just playing or they're upset for a second. it was just something that happened, you know. >> it's culture of you get back on the horse and you dive back in the water, and if you're hurt, well, then we've got other people that will replace you. and you came a long way. you sure you want that? >> a seaworld trainer is recovering today after a terrifying ordeal in front of a horrified audience.

♪ >> for some reason, the whale just took a different approach to what it was going to do with a very senior, very experienced up trainer, ken peters and dragged him to the bottom of the pool and held him at the bottom. let him go. picked him up, took him down again. and these periods he was taken down were pretty close to the mark. you know, a minute. 1:20. when he was at the surface, he

didn't panic. he didn't thrash. he didn't scream. maybe he's just built that way, but he stroked the whale. and the whale let go of one foot and grabbed the other. >> that's a pretty deep pool, and he took him right down. i think that's to two atmospheres pressure. apparently mr. peters is an experienced scuba diver. i think that knowledge probably contributed to how he was able to be hauled down there that quickly and stay calm and know what to do. he knew what he was doing because when you can see him in the film, you can see him ventilating. you can see him ventilating really hard.

he knows about swimming and diving and being underwater. he may have been assuming he was going under again. i did not walk away unimpressed by his calm demeanor during that whole affair. i would be scared -- [expletive]. ♪ >> he was near to the end. presumably ken peters had a relationship with this whale. maybe he did. maybe that's what saved him, but peters got the whale to let him go. and they strung a net across,

and ken peters pulled himself over the float line, and swam like a demon to a slideout because the whale was coming right behind him. the whale jumped over it and kept right after him. he tried to stand up and run but his feet were damaged. he just fell. he scrambled. and they take this as a prime example of their training working. and they say stand back and stay calm. and that did work. they claim this is a victory of how they do business. and maybe so. but it can also be interpreted as a hair's breadth away from another fatality. passion...

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hi, shamu. hi, everybody. we're the johnsons from detroit, michigan. we sure had a great time when we visited seaworld. it's one of our favorite places. >> yeah, i like when shamu gets everybody wet. >> when the whales get up close to the glass, start kicking up the water, whammo, you're a goner. ♪ >> orange county sheriff deputies have identified the 27-year-old man found dead in a killer whale's tank at seaworld. the victim is daniel p. dukes from south carolina. dukes was found yesterday draped over the back of tilikum, the largest orca held in captivity. >> all i know is the public relations version of it.

he was a young man that had been arrested not long before he snuck into seaworld. maybe he climbed the barbed wire fence around the perimeter and stayed after hours. >> perfect story line. a mentally disturbed guy hides in the park after hours and strips his clothes off and decides he wants to have a magical experience with an orca and drowns because he became hypothermic. right. so that's the story line and none of us were there to know the difference. >> he was not detected by the night watch trainers who were presumably at that station. >> there are cameras all over seaworld. there are cameras all over the back of shamu stadium pointing every which way. there are underwater cameras. i find it hard to believe that nobody knew until the morning that there was a body in there. they have a night watch trainer every night. that person didn't hear any splashing or screaming? i mean, i just find that really suspicious. >> one of the employees, i don't

know if it was a physical therapist or somebody was coming in in the morning, and there was tilikum with a dead naked guy on his back, kind of parading him around the back pool. the public relation spin on this was he was a drifter and died of hypothermia, but the medical examiner reports were more graphic than that. for example, tilikum stripped him, bit off his genitals. there was bite marks all over his body. >> now, whether that was post-death or pre-death, i don't know. but all i can comment on is that the guy definitely jumped in the wrong pool. ♪ >> so why keep tilikum there? this guy has a proven track record of killing people. he's clearly a liability to the institution. why keep him around?

well, it's quite simple to answer, and that is that his semen is worth a lot of money. >> over the years tilikum has been one of the main breeding whales at seaworld. which is brilliant because they can inseminate way more female whales because they can get his sperm and freeze it and he's basically operating as a sperm bank. in a reputable breeding program, rule number one is you certainly would not breed an animal that has shown a history of aggression towards humans. imagine if you had a pit bull who had killed. that animal would have likely been put down. but in the entire seaworld collection, it's like 54% of the whales in seaworld's collection now have tilikum's genes.

>> the fall is to assume all killer whales are like tilikum. you have to look at their learning history from birth. you have to understand why tilikum was a hazard to anybody in the water. and you have to understand none of the other killer whales at seaworld in that system are that way. >> what about the incident at loro parque? >> first of all, i can't speak with specificity about loro parque. i wasn't there. in fact, i know very little about it, probably, about as much as the general public knows. ♪

[ speaking foreign language ]. >> loro parque is in the canary islands which is an autonomous region of spain. it's the largest tourist attraction in all of spain. [ speaking foreign language ] and when seaworld sent the orcas to loro parque, everybody was always questioning, like, how

did they make that leap to send four young orcas to a park off the west coast of africa with trainers who a lot of them had never been around orcas before. nothing was ready. the venue wasn't ready. it wasn't ready for the orcas. it wasn't ready for a show. the owner of the park didn't want to lose revenue by shutting down the pools and repairing them. so for three years the animals ate the pools and they had problems with their teeth and stomachs. so that's why the animals are enduring the endoscope procedures. those are still seaworld's animals, and they are responsible for those animals. loro parque doesn't have a good reputation. people that work in the business

know the reputation of places. and loro parque doesn't have a good reputation. they didn't spend the same amount of time as the seaworld trainers, didn't go through the same regimen the seaworld trainers went through. and alexis really was the best trainer. and i did say, i said, you're the only trainer there that can hold his own with a seaworld trainer. but i said, you know, you need to be careful. [ speaking foreign language ].

>> anywhere along the line it could have been stopped because everyone knew it was a tragedy waiting to happen, but no one ever did anything about it. and in the end, it was the best trainer who lost his life. [ speaking foreign language ].

>> those were seaworld's whales. they were trained using seaworld's techniques. and their training was being supervised at the time of the fatal accident by one of their senior trainers from san diego.

♪ >> for somebody to get up and say in a court of law they have no knowledge of the linkages between seaworld and this park in tenerife is -- well, either she doesn't know and is telling the truth or it's just a boldface lie. that's a man interviewino.for a job. not that one. that one. the one who seems like he's already got the job 'cause he studied all the right courses from the get-go. and that's an accountant, a mom, a university of phoenix scholarship recipient, who used our unique --scratch that-- awesome career-planning tool. and that's a student, working late, with a day job, taking courses aligned with the industry he's aiming to be in. ready to build an education around the career that you want? let's get to work.

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as trainers, we never forget shamu's true potential. we see it each and every day. that's why all our interactions are very carefully thought out. especially our waterwork interaction. whoa! you big dork. especially our waterwork

interactions because they're potentially the most dangerous. >> i've been expecting it since the second person was killed. i've been expecting somebody to be killed by tilikum. i'm surprised it took as long as it did. >> first tonight, a six ton killer whale has lived up to his name killing an experienced trainer at seaworld orlando today. >> a tourist at an earlier show said the animal seemed agitated. >> trainers complained the whales weren't operating. >> the whole show, the main show was a disaster that day. >> there were whales chasing each other. and eventually the trainers decided that they had to stop the show because they couldn't get the whales under control. >> tilikum was in the back pool set up to do a dive shamu performance with dawn. >> likely she saw what had gone on during the main show, and so she had probably felt more pressure to do a good show. when you watch the whole video, you can see that tilikum is

actually really with dawn in the beginning of the video. there's a couple of behaviors she asked him to do where tilikum jumps right in and does exactly what she asks him to do. >> there seemed to be a point in the session where things went south, so to speak. and my humble opinion, it was at that missed bridge -- whistle bridge on the perimeter pec wave. >> she asked him to do a perimeter pec wave where she asked him to basically go all the way around the pool and wave his pectoral flipper. and she blows her whistle, which is a bridge which tells the animal you've done a good job. come back and get food. but he missed that cue. and he went all the way around the pool on this perimeter pec wave.

>> we're going to let him keep on waving. >> my interpretation is that he didn't hear the whistle. >> so not only did he not hear the bridge, then he went and did a perfect behavior and came back, and what he got was what we call a three second neutral response. which is a way to let the animal know you didn't do the correct thing. you're not going to get rewarded. and then we're going to move on. then you can also see through the video that dawn is running out of food. >> the animals can sense when you're getting to the bottom of your bucket of fish because they can hear the ice clanging around and the fishy, soupy water at the bottom. and the handfuls of fish they're getting delivered by the trainer are all getting smaller. so they know they're coming down to the end of session. >> when you see the difference between the beginning of the video and the end of the video, you can see that he's just not quite on his game anymore. >> there's no food left. she kept asking him for more and more behaviors. he wasn't getting reinforced for the behaviors he was doing correctly. he probably was frustrated towards the end.

>> then she walked around the perimeter of g-pool. he followed her. and then continued over into the rocky ledge area where she laid down with him to do a relationship session, which is quiet time, basically. >> tilikum at some point grabbed ahold of her left forearm and started to drag her and did a barrel roll and pulled her in. may have started as play or frustration and clearly escalated to be very violent behavior that i think was anything but play. in the end, you know, he basically just completely mutilated that poor girl. >> they were gathering all the trainers at the texas park. he said, there's been an accident at the florida park, and a trainer was killed.

hearing that it was dawn, i couldn't believe it. i just remember saying to myself, not dawn. it can't be dawn. he said that -- and he still has her. and i just was so disturbed by that and the reality of how powerless we are. >> evulsion, laceration, abrasion, fractures. fractures and associated hemorrhages. blunt-force traumas to the main body, to the extremities. to see this meted out against a trainer, and i cannot fathom the reason, it's shocking. the lawyer for osha asked me what i thought we learned. and i'm sitting in the courtroom and i've got the keltie byrne case file in one hand and dawn brancheau in the other. and they're almost to the day 20 years apart. i'm looking at these two things.

my only answer is nothing. in fact, it's not a damn thing. we have not learned a damn thing for something like that to happen 20 years apart. really... so our business can be on at&t's network for $175 dollars a month? yup. all five of you for $175. our clients need a lot of attention. there's unlimited talk and text. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line anytime for 15 bucks a month.

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could you tell if this was an accident or -- >> did this female trainer work with this whale on a regular basis? >> i don't know. apparently what happened is we had a female trainer back in the

whale holding area. she apparently slipped or fell into the tank and was fatally injured by one of the whales. >> at first seaworld reported a trainer slipped and fell in the water and was drowned. that was the first report. >> it wasn't until eyewitness accounts disputed that that they had to go back in their huddle and say, wait a minute, we've got to come up with a new plan. >> late tonight seaworld has confirmed a killer whale pulled a woman into the water. she didn't fall into the tank as the sheriff's department initially reported. >> the new plan is that he grabbed her ponytail. this is a subtle way of placing the blame on dawn's shoulders. she shouldn't have had a long ponytail. or if she did have that ponytail, it should have been up in a bun. >> dawn, if she was standing here with me right now, would tell you that that was her mistake in allowing that to happen. >> they blamed her. how dare you? how disrespectful for you to blame her when she's not even alive to defend herself.

>> he grabbed her ponytail and pulled her in the water. that's as simple as it gets. >> there are photographs of plenty of other trainers doing exactly the same thing she was doing. so i knew that seaworld was lying about the fact that this was her fault. >> the ponytail in all likelihood is just a tale. the safety spotter apparently didn't actually see the takedown came up with that. >> are you excited? >> during the spotter's testimony, osha pushed him to say that he wasn't really sure that it was her ponytail that was in the whale's mouth, that he just saw her underwater and assumed it was the ponytail. osha contends that the whale came up and grabbed on brancheau's arm. saying that that was another level of aggressiveness. seaworld is saying it was not an aggressive move. >> one of seaworld's top curators, chuck tompkins, said when dawn brancheau was pulled off that ledge, it wasn't necessarily aggressive behavior by the whale. >> the initial grab was not an act of aggression. this is not a crazed animal.

>> the industry has a vested interest in spinning these so that the animals continue to appear like cuddly teddy bears that are completely safe. you know, that sells a lot of shamu dolls. it sells a lot of tickets at the gate. that's the story line they're going to continue to stick with for as long as they can. >> recognize that those that say this is a crazed animal that acted out and grabbed dawn maliciously, they want to prove the theorem that captivity makes animals crazy. and that is just false. >> all whales in captivity have a bad life. they're all emotionally destroyed. they're all psychologically traumatized. so they are ticking time bombs.

it's not just tilikum. >> we have to separate what happened to dawn, and as tragic as it is and no one wants to see it happen again. can seaworld create an environment where it never happens again? yes, i absolutely believe they can. what if there were no seaworlds? i can't imagine a society with the value we put in marine mammals if those parks didn't exist. >> i'm not at all interested in having my daughter, who is 3 1/2, grow up thinking that it's normalized to have these intelligent, highly evolved animals in concrete pools. i don't want her to think that's how we treat the kin that we find ourselves around on this planet. i think it's atrocious. >> this hearing is expected to last all week with osha continuing to work toward this theory. that seaworld knew there was a calculated risk of injury or death, but put trainers in the water with the whales anyway. while seaworld will say that dawn brancheau's death was an

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there's something wrong. you know, with tilikum. there's something wrong, and that's -- when you have a relationship with an animal and you understand that he's killing not to be a savage. he's not killing just because he's crazy. he's not killing because he doesn't know what he's doing. he's killing because he's frustrated and he's got

aggravations and he doesn't know how to -- he has no outlet for it. >> now tilikum is spending a great deal of time by himself and basically floating lifeless in a pool. >> three hours now and he hasn't moved. >> they try to sugarcoat it by saying he comes out in the front pool every once in awhile. now he's doing shows. you know what he does in his show? he does a few bows and then he goes back into his little jail cell. that's his life. >> i feel sad for tilikum. a regal thing like him swimming around the tank with his fin flopped over like that compared to a wild bull killer whale that size. one of the most kinetic and dynamic things you can imagine. i feel sad when i see him.

>> it's time to stop the shows. it's time to stop forcing the animals to perform in basically a circus environment. and they should release the animals that are young enough and healthy enough to be released. and the animals like tilikum who are old and sick and have put in 25 years in the industry should be released to an open ocean pen to live out their lives and experience the rhythm of the ocean. >> this is a multibillion dollar corporation that makes its money through the exploitation of orcas. >> they're not suitable to have in captivity. >> the whales are really bored. you deprive them of all this environmental stimulation. >> i think that in 50 years we'll look back and go, my god, what a barbaric time. ♪

>> dawn brancheau, d.b., dream big. dawn was the most loving, giving person you ever met. her smile just radiated. she fulfilled her life. ♪

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right here. my parents were immigrants. and they taught me that with hard work, anything is possible. i earned a scholarship to mit. and worked across party lines to get things done. i'm alex padilla. i'll protect voting rights for everyone. and make it easier to start a business. so we create jobs and opportunity for all californians. what should we order? (announcer) alex padilla. secretary of state.

♪ ♪

we saw whales swimming in straight lines with straight dorsal fins. i was so honored to be there. and i was so thankful that i had sunglasses on, because the tears were kind of coming out, and it was moving. was moving. ♪ -- captions by vitac -- www.vitac.com

>> california police had several suspects in the robbery and murder of a retired couple. unfortunately, the forensic evidence was unconclusive. ten years later, a determined forensic scientist with materials used by dentists found evidence that had previously been overlooked and in so doing, made scientific history. bakers field california, known for its oil feels, wide open

spaces, and an aggressive crime investigation unit. officials post pictures of their most wanted pictures on the town's web site but they needed every trick they could think of to solve the case of clifford and alma murke. >> they loved to sit outside and it was shady during the summer time. >> one summer morning their son stopped by. he immediately knew something was wrong. >> he found a door open at the back of the house and entered and immediately detected a foul odor. i backed out of the house and told my wife that something was wrong. go across the street and call the police department. >> the entire residents was ransacked everything turned

upside down. chairs turned upside down. anything in a drawer was tipped out and filled onto the floor. >> when the police got there they discovered this was more than a robbery. clifford was lying across the bed with some kind of a cord and was obviously deceased. it was later determined he had been shot in the head twice. near by police found a pillow with two bullet holes. >> whoever committed the crime probably collected those casings to hide the evidence or to throw the investigation off track. >> the search team found al alma murke's body in the second bedroom. >> there was a sliding panel in this connection.

as we slid it back one could see there was a body paced in this closet. >> he told me that my mother, they found her in a wardrobe with a telephone cord tired around her neck and strangled. >> alma's jewelry and cliff's handguns were apparently stolen during the attack. investigators found two foreign fingerprints inside the home one at the back door, the other on a sowing tray in the living room. in a search for suspects, a neighbor told police that he saw two men lurking around the murke's home a few days earlier. >> he kept an on on them until he lost visual contact with them because of trees on struskting his view. that was the last he saw of them. the murke's had no known enemies and no one saw or heard anything unusual around the time of the

murders. investigators hoped that either the fingerprints or some other forensic evidence at the scene would lead them to the killer. hey! so i'm looking at my bill, and my fico® credit score's on here. we give you your fico® score each month for free! awesomesauce! wow! the only person i know that says that is...lisa? julie?! at discover, we treat you like you'd treat you. get the it card and see your fico® credit score.

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at cliff america's autopsy, the medical examiner recovered two

25 caliber bullets from his skull. coincidentally one of cliff's .25 caliber pistols was stolen during the robbery. investigators wondered whether cliff had been numurdered with s own gun. >> we had been evaluating every .25 caliber gun seized to see if it matched the .25 caliber bullet that's were removed from the skull of clip ard murke. >> two months later investigators found cliff murke's gun. >> it was in the possession of a man we will call dan jones amount the time he was arrested on a drug charge. it was easily identifiable because cliff's initials had been carved into the handal. >> it was cliff. he had his name on practically everything he had owned.

he took some kind of etcher and etched his initials in it for identification. >> jones denied any involvement in the murder. >> he had no occupation and said he supported himself by stealing. robbing houses, stealing from people outside, that type of thing. he had a long record of robberies and use of narcotics. >> robert cowin also had a partner in crime, his brother gerald. >> the brothers were involved in criminal activitactivity. a lot of small time stuff. a lot of narcotics usage. some assaults. >> forensic scientists tested cliff's gun to see if it was the one used in his murder. the gun was test fired into a tub of water. as the bullets go through the

barrel, the lens and grooves which make the bullet spin make marks on the outside of the bullet. >> they will design the barrel to have a certain direction of twist, a certain number of landing grooves, a certain measurement for the landing grooves so those are intentionally put in by the manufacturer. surprisingly when the bullets from cliff's gun were compared to the bullets from cliff's autopsy, they did not match. investigators checked all of the local pawnshops and discovered that the cowen brothers had pawned some of the alma murke's jewelry. with a search warrant police found several other items belonging to the murke's in their possession. >> he had a wallet. he had two social security checks which he was trying to sell. he had all types of jewelry. >> but investigators did not find a .25 caliber pistol like the one used in the murder.

investigators then compared the cowen's fingerprints to those with the drug dealer to those with the fingerprints found in their team. they were astonished to learn that none of them matched. >> the cowlen brothers look similar to the men seen walking near the murkes home before the murder. the neighbor couldn't make a positive investigation. >> all investigators had was possession of stolen property. >> it just got to a certain point were there was no fresh information coming in and still a lack of physical evidence tying them to the crime scene. >> we would talk and he would say the same thing. we still think it's the same people but we don't have the proof. >> i never lost hope. i knew in my heart that the police would do their job and find the people who did this to mother and cliff. >> investigators confiscated

every .25 caliber pistol they could find hoping that one of them would match the murder weapon. >> i maintained those bullets in my secured work area. i never returned them to the sheriff's property room knowing that i would one day get that firearm. but eventually, there were other crimes to solve, other evidence to process, and the murder of cliff and alma murke moved quietly into the unsolved file. ten years later, jim was promoted to homicide detective but he never forgot the murder of cliff and alma murke. >> the case had always bothered me mainly because the circumstances, the way they were murdered. just knowing that there was that element out there still walking the streets that hopefully

hadn't done more killings. >> but after a decade, the trail of the killer had turned cold. he knew he needed forensic evidence to have any chance of solving the case. ♪ led to the one jobhing you always wanted. at university of phoenix, we believe every education- not just ours- should be built around the career that you want. imagine that. i live in a luxury penthouse overlooking central park. when the guests arrive, they're greeted by my butler, larry. my helipad is being re-surfaced

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ten years after clifford and alma murke's murder investigators in bakers field california were no closer to making an arrest. >> we didn't know who it was and if they were still in the neighborhood still. it was really scary. very scary to think they are still out there. they are not caught. to tell you the truth, i really didn't think they were ever going to get caught. >> shortly after jim was promoted to homicide detective, he reopened the case, looking for any evidence that might have been overlooked. >> when i opened up the case

first off i had no idea that the initial investigators had done so much work on it. they had talked to literally hundreds of people and interviewed hundreds of people and had obtained a lot of good information. >> clip murke's .25 caliber handgun stolen during the robbery was recovered a few months later but ballistic tests revealed it was not the murder weapon. in searching through the files, he discovered there were several men present the night he sold cliff murke's gun to the drug dealer. when jim reinterviewed them ten years later, one of the men present recalled an interesting detail. he recalled hearing the cowen brothers tell the drug dealer that the gun they were selling had been used in a crime.

once this person took possession of the gun he took a screwdriver down the barrel changing the effect of the gun. >> with this information, he took a look down the barrel of cliff murke's gun and saw evidence of what the informant was talking about. >> the land impressions at the very mussel or crown of the barrel appeared to have been altered. it wasn't obvious at first because it was an old gun but there was something about the crown and land impressions at the mussel that were different than the remaining impressions further down the barrel. >> since only the end of the barrel had been altered, he needed some way to examine just the portion of the barrel that was unaltered. no one in the forensic establishment could help him. i kcontacted a number of known

experts about what i was plan gs to do and they all wished me look. i felt i was working on my own at that time. he remembered using a dental casting material called micro cil in a case where he needed to see tool marks in a piece of metal. so he decided to try some of that by putting it down the barrel of the gun. >> it consists of two parts. a silicone rubber case and a catalyst or hardener. it basically comes in two tubes. when one squeezes a certain amount of rubber material out and a correspondenting amount of rubber out, we injected the cast into the barrel and let it harden. >> it took 15 minutes for it to solidify inside the gun.

when it hardened, he slowly removed the cast from the barrel. >> it literally does not adhere to the substance that it's casting. it just recorded its surface detail. it's like an egg on a testify lon flying pan. what can see that one achieves a very true representation of the interior of the barrel plus the fine detail. >> he cut away the portion of the barrel imprint destroyed by the screwdriver and then squared the remainder of the cast to the bullets that killed cliff murke. in an incredible turn of events, they were an exact match. this proved that clifford murke's own gun was used in his murder and that the cowen brothers had been in possession of the gun before it had been altered. even with this discovery, it still wasn't enough to prove

murder. >> that was good circumstantial evidence however, it still did not place them inside the crime scene. but there was one more piece of evidence about to be uncovered that would point the finger at who killed clifford and alma murke. [ female announcer ] there's a gap out there. that's keeping you from the healthcare you deserve. at humana, we believe if healthcare changes, if it becomes simpler... if frustration and paperwork decrease... if grandparents get to live at home instead of in a home... the gap begins to close. so let's simplify things. let's close the gap between people and care. ♪

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weapon. the pistol used to kill cliff murke had been sold by a drug dealer of the cowens but for some reason the cowen's fingerprints did not match those at the crime scene. >> the person who attempted the comparison, was unable to make a match and he failed to have another examiner verify his conclusions. >> this was a breach of protocol. the standard operating procedure in all crime labs requires a fingerprint examiner to have someone verify his or her conclusions. so the fingerprints were resubmitted for analysis and this time the results were verified by a supervisor. the fingerprints found in the murke's home matched robert

cowen. >> it goes without saying that i was highly irritated and embarrassed for the department. >> initially on the latent evidence being misread, i tend to believe it was a training issue. >> this was simply a situation where the originalal examiner was in over his head and couldn't handle it. >> armed with the fingerprint evidence and the ballistic test results, robert cowen was arrested and charged with two counts of first degree murder. >> i took him to the office and showed him where his fingerprints were shown in that house and asked him to explain that. he just shook his head and kept his mouth shut and stayed silent and said he couldn't explain it. >> gerald cowen was also arrested for the murders but he was later released because there was no forensic evidence linking him to the crime scene.

he was later convicted of manslaughter for killing his father-in-law. he served only two years in prison for that crime before he was released on parole. >> prosecutors believe robert cowen was one of the men seen near the murke's home by the neighbor. based on the forensic evidence, prosecutors say robert cowen and accomplice broke into the murke's home through the back door. cliff murke probably went for his gun to defend himself and robert cowen grabbed the pistol and turned it on cliff. the men bound his wife alma, locked her in the closet and left her to die. robert cowen left his fingerprints on a tray found in the living room and by the back door as he left. the cowen's pawned some of alma murke's jewelry and then sold the gun to a drug dealer who

altered the rifling marks of the gun barrel but it wasn't enough to fool a forensic scientist with his new found ability to see inside the barrel. >> something inside me says hold onto the bullets. you will find the firearm. low and behold it happened. way down the line almost ten years later but time was on our side i guess, in that matter. >> robert cowen was convicted of two counts of first degree murder and was sentenced to death. >> when you look at what he did to this elderly couple who he had no reason to kiss. he could have taken everything they had and tied them up and left them. he didn't have to shoot them and shove mrs. murke in a closet and let her die. i couldn't find anything nice about this man. i couldn't find any reason in

the world where i felt he should be walking and breathing air. >> i'm glad they convicted him. i'm glad he's where he is. i think that he deserves everything that he's getting for what he did to my mother. >> if they would let me, i would throw the switch or whatever it takes to do. >> the murke case took ten years to solve and required both perseverance and eningenuity. the result was not only a conviction but a new thing used around the world when investigators suggest there was tamering in a gun barrel. >> it take those and uses it in a practical manner.

>> i could not have won the case. i could not have gotten the death penalty without forensic science. >> i've had a long career. it was one of the highlights of my career. on a bitter cold night, a family home went up in flames, killing one man and leaving a second person injured. a witness blamed a kerosene heater. local investigators suspected arson. forensic science was needed to sort through the contradictions. was this an accident or cold-blooded murder? the weather in jackson georgia is usually warm most of the year. in january of 2003, there was an

unusual cold snap with temperatures below freezing. citrus growers used kerosene heaters to save their orange crop. jim and gene lawn used a kerosene heater in their home so the pipes wouldn't freeze. something went terribly wrong. when fire man arrived, the hours was totally ablaze. gene long had escaped the fire but her husband jim was trapped inside. >> my father-in-law came to the door to wake us, he said that there is a fire at your dad's house and it's bad. >> it was engulfed in flames. a very shocking moment. >> fireman searched the area around the home but there was no

sign that jim had escaped. >> i just thought my dad would come walking out but no. >> the long's home was attached to a workshop jim used to store the equipment for his tree trimming business. it too was on fire. after the fire was put out, the foo fire fighters cut through the metal sighting, they found the body of 53-year-old jim long. gene was taken to the hospital where she was treated for minor scrapes and bruises. one of the scrapes was on her chin. she told police that her husband tried to fill the kerosene lamp with fuel. >> everything was covered with flames. she tried to put it out with her

hands. her gloves caught fire. >> she said in a panic she ran home to call the fire department. at the scene investigators found the remnants of the kerosene heater. but the plastic fuel can was found outside the workshop door in perfect condition, inconsistent with gene's story. major make overbee believed that the position of jim's body was inconsistent with most fire victims. it appeared that his legs were outstretched and his arms were above his head. it appears to me if somebody had been dragged into particular spot or carried. that's what i noticed. they were not in a fetal type of position that you see in fires. >> in addition, overbee found visual evidence of poor patterns around jim's body. the type of patterns which

result from the use of an ak sellerant. >> which to him suggests that james long had been lying on the floor and gasoline or an ak sellerant had been poored over him intentionally and he had been set afire. >> and jim's autopsy revealed even more evidence that he was unconscious before the fire started. i make a lot of purchases for my business. and i get a lot in return with ink plus from chase like 60,000 bonus points when i spent $5,000 in the first 3 months after i opened my account. and i earn 5 times the rewards on internet, phone services and at office supply stores. with ink plus i can choose how to redeem my points. travel, gift cards even cash back. and my rewards points won't expire. so you can make owning business even more rewarding. ink from chase. so you can.

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>> during jim long's autopsy, the medical examiner nouned something suspicious, there wasn't as much smoke damage in his lungs as one would expect in a fire victim. >> mr. long did not have enough of the chemicals that are found in the blood after a person dies of smoke inhalation. he had breathed some smoke. he had soot in his throat but he had not breathed enough smoke to kill him. >> jim also suffered a fractured skull. dr. bill bass, a world famous forensic anthropology at the university of tennessee was asked for his opinion. >> we have three fractured

radiating out from the same force, the force being the hole that is in the skull, that is an indication that there's been blunt force dratrauma there, no due to the fire. >> the cause of death was determined to be thermal injuries and blunt force head trau trauma. his death was listed as a homicide. >> homicide investigator major mike overbee asked gene long to explain what happened on the night of the fire. >> gene said her husband was filling the heater with kerosene when it exploded. >> you said that he relit it inside. >> well, he didn't relight it, he was refueling it. he put fuel in it. >> with what? >> kerosene. >> with what container. >> it was red. >> yet the red plastic fuel

container was found outside the workshop. >> how did it get back outside? >> i don't know. >> overbee noticed that jim's arms and legs were outstretched when he was found. >> underneath jim's body were several aerosol cans. >> there was one under his head and right leg and another one up under his back. that appeared odd. that appeared to me something that could be used to accelerate the damage of the body in a fire. >> patterns on concrete floor around the body were also suspicious. these are called four patterns right here. absolutely nothing else on the planet makes these marks, nothing. this is what it leaves especially in concrete when an accelerant such as gasoline is poured on something. do you know what i mean? >> gene also said she called the

fire department from a phone in the house but investigators found the outside door was locked. if gene locked it on her way out, police saw this as evidence that she was in no hurry to save her husband. >> her husband is on fire burning in this building. she runs outside but she locks the door behind her. see, to me, that's very important. >> you think the jury is going to buy this? i can tell you right now, they won't. >> major overbee was asked to take a polygraph test and she agreed. >> she was asked point blank if she poured her husband in gasoline and set him on fire. >> she failed that question. >> investigators discovered that jim was angry with his wife for

spending so much time in kansas visiting relatives. there were also rumors that jim may have been planning to leave gene. >> major overbee believes on the night of the fire the couple may have been discussing a divorce which prompted an argument. >> it's our theory that there's a domestic situation between mr. long and his wife. i believe that the abrasion on her chin came from him possibly slapping her and his skull fractures, i believe, was a result of her striking him in the head with some hard object. >> overbee believes gene poured an accelerant on jim, set him on fire and then inadvertently carried the fuel can out of the workshop when she called for help. >> i felt like it was a strong circumstantial case. i felt like we had eliminated any other reasonable hypothesis

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if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen. gene long's family hired defense attorneys for what they feared would be a long, difficult trial. barbara moon met with gene in the county jail. >> she was a very broken woman

shaking unbelievably. i thought she was very genuine. i believed in her. it was very simple. a week later gene's church managed to raise the money for her bail. gene's family insisted that her marriage to jim was a happy one. >> jim's daughter from a previous marriage agreed. >> i was glad he met somebody and that he was happy and that he wasn't going to be alone. >> any time you see jim, you see gene. you see one, you see both of them. they went everywhere together. >> and gene had no financial motive. >> jim's life insurance amounted to less than $40,000. >> local prosecutors were convinced this was an open and shut case. >> their theory was she saw the opportunity to get rid of him and poured it and lit it and then made it seem or tried to

tell everyone that it was an accident. >> the defense asked john lyntinny, a nationally known fire investigator for his opinion. >> with respect to the fire investigation, it ranks up there with the worse than i have ever seen. i have seen a lot of bad fire investigations in my day. this was over the top. >> local investigators suspected accelerants to be used to start the fire. he discovered that the workshop housed containers of fuel for his tree trimming equipment. >> in his shop we had containers of propane, liquid fuels. >> you had chain saws in there. lots of papers, clothing, lots of combustibles. when it went up, it really went up. >> he disputed police claims

that there were pour patterns around jim's body. he said the heat of the fire made such a determination impossible. >> once you get to full room involvement you will get all kinds of patterns that are easily misinterpreted. it happens all the time. i've created them by mistake and on purpose. >> the homicide investigator thought the position of jim's body was suspicious. we felt like from the very beginning based on the way he was laying on his back with his arms stretched over his head and his legs straight out that he had been placed there. but gene had always contended that while her husband was on fire, he was flailing about. was it possible that jim struck his head on the metal table near by causing the fractured skull and knocking him unconscious? lyntini believed the charge of

arson and murder had been a rush to judgment and that the kerosene heater was to blame. >> basically what you do is you fill this up with kerosene and diesel fuel, you throw a wick of some wind down in there. what happens when you have this lake of fire down in here is you're generating lots and lots of soot. that soot coats the inside and itself will catch on fire like charcoal so if you don't allow this thing to cool down sufficiently, you know, it's pretty dangerous. >> in a surprising discovery, gas chromatography identified gasoline and not kerosene. it takes more heat to ignite kerosene. gasoline ignites at very low temperatures. the difference in flamibility between gasoline and kerosene is

tremendous. i work on a lot of fires where people misfuel ker oe even heaters are gasoline and end up having big fires. >> gene said they were using the heater outside before they moved it indoors. since a gallon of gas oe even is equivalent to 20 sticks of dynamite. when jim poured it into the tank, it caused an explosion. >> the story was the eyewitness evidence. she couldn't have faked that part. >> the fuel canister found outside the workshop which investigators found so suspicious contained kerosene, proving it played no role in the fire. >> prosecutors still believed gene long murdered her husband but which version would the jury believe? how much protein

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>> when gene long went on trial for her husband's murder, prosecutors showed jurors the videotape of gene's interrogation in which she contradicted herself. >> and then he fell down in this floor but that's what you told me ms. gene. i'm trying to put together what you said and trying to make it make sense and it don't. >> it doesn't make sense to me. >> no, it doesn't. how can you expect it to make sense to me? >> but the defense attorneys used the same tape to show something else. major overbey employed a standard police technique when we ended the interrogation and

left the room with the tape running. in this situation a suspect will often say something incriminating. in this case she said something else. >> oh, god help me. oh, god help me. >> what major overbey had hope happened had worked against him. i think he hoped he would say something to incriminate herself and what she did was reaching out to god and begging for help to give her the strength to endure that hostile interview. >> the defense claimed that the fire was accidental.

that jim long mistakenly filled the hot heater with gasoline, causing the explosion. gene frantically tried to put it out and when she couldn't, she ran to call for help. at some point, jim struck his head on the work bench, which fractured his skull and caused his death. the defense offered no explanation for why gene locked the door on her way out of the house accept that it was force of habit, something she did every time she left the house. gene long herself took the stand in her own defense. >> she came across as completely genuine. terrified about the prospect of what she was going through and terrified of reliving the moment of what happened that night. >> the jury didn't hear about the results of the polygraph test. >> the polygraph examinations

inadmissible. they are inadmissible for a reason. they are not reliable, bottom line. >> gene's family says the medication she was taking miay have been a contributing factor. >> she was really drugged up more or less. she was on the pills the hospital had given her to help her stay calm and to take in everything. >> after eight days of testimony, the jury deliberated for just three hours before rendering their verdict. she found gene long not guilty of all charges. this case never should have been brought. she should have consulted an expert. >> to this day major overbey doesn't agree with the verdict or with john lentini's conclusion about the fire. >> i believe 100% today as i did

during the trial that she killed her husband. i believe that she got by with murder. the unanswered question to me would be why the jury decided what they decided? >> after the trial and the not guilty verdict, gene long moved out of the state and is trying to put her life back together again. >> she still is grieving. she's finally being able to work through her emotions. >> the remnants of gene and jim long's workshop are still standing. a reminder that forensic science isn't only a tool to convict the guilty but to protect the innocent as well. >> if i could keep this from happening to another family so mem wouldn't have to go through what we went through -- >> what we need in our system of

justice is for the state to have proof that it really is a set fire. they didn't have that here. >> it wasn't a case of charging the wrong person with a crime. there was no crime at all. it was an accident. investigators thought this shredded computer disk held important information about a murder. the most soephisticated technology wasn't enough to put it back together. what did they do? they made forensic history. >> it's hard to comprehend that in the philippines there are 7,000 islands. residents say you can hide in these islands and never be found but living there had its