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tv   Forensic Files  CNN  June 14, 2014 1:00am-1:31am PDT

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the handwriting comparison. >> it was like the work of art. it started. it grew, and then it came to completion and then it was all there. there was nothing they could dispute. i don't care what defense they brought up. we defeated all of them. a computer hard drive holds hundreds of secrets. every key stroke, every download. every deletion tells a story. but if someone downloads a song about murder does it make him a killer? it was a hot august night in jacksonville, florida. and a time of celebration for april and justin barber. it was their third wedding anniversary. and april was about to finish her training as a radiology technology. >> april had gone into the field of oncology, particularly why the radiology field.
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due to the death of her mother. >> justin had good news too, he had just gotten a good job with a large lumber company. >> he was a very smart guy, very successful. everything going for him. i mean, just like my sister. they were two of a kind, i guess. >> the couple's anniversary dinner was at an italian restaurant. later, they took a walk along the beach. but their romantic evening ended there. when a man with a gun demanded money. april diverted the man's attention. justin tried to grab the gun, shots were fired. and that is the last thing that justin remembered. when he regained consciousness he realized he had been shot and was bleeding.
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he found april unconscious and face down in the water. justin dragged april's body about 100 yards toward their car. but his wounds made it impossible to carry her up the long flight of stairs. so he left her near the boardwalk and drove for help. he flagged down a driver a few miles away. >> 911, what is your emergency? >> i think somebody has been shot. >> is he conscious at all? >> yeah, he is conscious. i'm trying to keep him that way. >> okay, do you see a gunshot wound. >> gunshot or stabbed. >> justin told the ambulance crew that april was down on the beach. by the time they got there she was dead from a single gunshot wound to her face. >> people were calling me telling me my sister was shot.
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i was in shock. it was -- i mean, it was nothing i expected. >> at the hospital emergency room doctors treated justin for four gunshot wounds. he survived. but was unable to provide a good description of their attacker. >> justin couldn't see his face, it was too dark. and truthfully i believe it is too dark to see anybody's face out there. >> at the beach, police didn't find much information just the impression from justin dragging april's body in the sand. and the tides were rising. soon, there would be nothing left of the crime scene. >> initially it looked like a robbery gone wrong.
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>> initially it looked like a robbery gone wrong. a man demanded money from april and justin barber while they were walking on the beach and they were both shot. but robbery may not have been the motive. >> when they looked at april barber's body she had on her jewelry, an expensive ring, earrings and a watch.
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if this were a robbery why was nothing taken? >> at the autopsy, the medical examiner discovered foam around april's mouth. >> the foam was still present around her nose or mouth or both and it is due to the damage the salt water causes to the lining of the lung. >> the doctor also noticed that the blood from april's gunshot wound was on top of the foam. this meant that april had almost drowned but survived. and was shot afterwards. >> my conclusions were that she had suffered a near drowning episode and she had been shot while she was alive. if she had been dead from the drowning there would not have been any vital reaction to the gunshot. there would not have been a hemorrhage into the sinus.
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>> but why did the autopsy findings differ from justin's version of the incident? >> it would have been very traumatic if it occurred as he stated. his wife is now missing. he has been shot four times and i wouldn't expect a lot of detail from a person who just went through that type of traumatic incident. >> eventually as justin recovered from his moves he provided a much better description of the assailant, good enough to describe for the police. >> he was not overweight, strong. his shirt was dark. baggy. t-shirt. >> right. >> he had a dark hat on like a baseball cap. >> incredibly, the police sketch looked like a local man, 30-year-old david allen schuy, who had previous arrests for sexual assault. in fact, schuy allegedly used a gun while committing an assault on the same beach where justin
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and april were shot. >> he went down to the beach to find a female. >> she was topless on the beach. the gentleman somehow confronted her, certainly intended on doing some type of sexual assault or battery to her. >> fortunately the victim got away. but she later identified schuy as her attacker. so police questioned schuy regarding his whereabouts on the night of april barber's murder. he denied any involvement and claimed he had an alibi. >> we ran his credit cards because he was all over the country unfortunately committing rapes. we know from his credit card records that he was in connecticut living with his fiancee at the time of this homicide. so we absolutely know he was not the assailant. >> next, investigators looked into justin barber's background. >> i talked to justin, and i
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said well tell me about your marriage. we had a happy and normal marriage. had you ever been -- have you ever had an affair? >> never. >> but they learned he was having an affair with his tennis partner. >> she is saying you're engaged with an affair, i'm going to bring her in here, and we'll get to the bottom of it. he is like no, don't do that, i don't want to get her involved. so i am thinking why in the heck is this guy lying about this. i mean, your wife is dead. don't lie to the guy trying to help you, who knows where that can lead. >> and april told friends she know all about her husband's affair. >> she told everybody, i know justin is having an affair, i confronted him about it. >> at the time it appeared he was only dating one other person but it appeared that he had as many as five affairs during the three-year marriage. >> police asked justin barber
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for permission to search his home and he was happy to comply. he also made his computer available. justin's computer went to chris hendry of florida's computer evidence recovery section. >> when i made a copy of justin's home computer hard drive the next thing i did was go through and look for anything that would have been deleted such as folders and files. >> one of the first things hendry noticed was that justin downloaded a song onto his computer just hours before his wife's death. >> the lyrics are violent. they're about killing somebody. >> it was a song by the group "guns and roses" with the lyrics i used to love her but i had to kill her. she drove me nuts and now i'm happier this way. >> it is kind of strange this is deleted hours before we actually got the machines.
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>> was this merely a coincidence? after all, it was only a song.
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justin barber told police that a robber shot his wife,
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april, in the head and shot him four times while they were walking on the beach. he claimed he passed out, later regained consciousness and found his wife face down in the ocean. >> i saw her in the water. >> but the forensic evidence contradicted parts of justin's story. >> she had evidence of abrasions on her collar bone and by the back of the neck, they were consistent with the abrasions being placed there. could this have been caused by being forcibly held in the water? yes. >> and on justin's computer, forensic evidence found a possible motive. apparently justin had been trading stocks on the internet and he was not doing very well.
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>> he got himself quickly into 50, $60,000 in debt, it didn't appear his trading paid off and he lost quite a bit of money. >> to cover the losses, justin borrowed money on his credit card at very high interest rates. >> you can't get any worse than that. you are borrowing at 20% interest. >> justin should have been a lot smarter. >> that was really significant when you talk about somebody who was a finance major and has an mba in business. and also it is important to note the psychological effects of the consumer debt.
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that affects people's psyche. >> also suspicious, april owned a life insurance policy which she bought to support her brother and sister in the event of her death. >> you know, we didn't have our mother and father so april felt it was her responsibility to take care of us if something happened to her and justin knew that, too. and that was a big part of the reason for those. >> but justin was the sole beneficiary, which meant he could have done anything he wanted with the money. was this enough motive to kill his wife and then, shoot himself four times to cover it up? >> risky, but people do a lot of crazy things for over $2 million. >> using an ultraviolet light, the crime scene expert examined the shirt justin was wearing on the night of the attack. >> you could see some visible gunshot residue or what appeared to be gunshot residue and looking at it with the ultraviolet light i wanted to see the pattern. >> the gunshot residue could have come from justin being in
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close contact with the assailant, but the angles of the bullet wounds to justin's body were another matter. one shot went through his left hand. the other three shots were directed away from vital organs and bone. a remarkable coincidence. >> to me, the location of them was not consistent with a mugger, even somebody struggling over a gun. if you have already shot and killed one person and you have shot another one four times you're not going to leave a witness. >> investigators also analyzed april's clothing and found another inconsistency. justin claimed that he carried april's body 100 yards up to the base of the stairs after they had both been shot by the assailant. >> one of the gunshot entries that he had sustained is on his
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left hand so his hand would have been bleeding quite a bit and there should be blood all over. there should be blood all over the waistline, the waist and front of those pants of april barber and in fact there was none. >> if as she bleeding from this gunshot, she didn't have it on her clothing and he doesn't have it on her his. that speaks for itself. >> by the direction the blood traveled from the wound, investigators could tell april's body had not been moved after she was shot. >> blood flow on april barber was in one direction which was straight down to the left from the gunshot wound and if the body had been moved in various positions, the blood flow would have changed. >> finally, there was something else that bothered investigators. why didn't justin use april's cell phone that was in her purse in the car? >> why wouldn't he just call on her cell phone and get help? he had to get rid of the gun. >> unfortunately police couldn't find the murder weapon in the thick vegetation along the
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>> on justin barber's computer, forensic experts found e-mail evidence of his extra marital affairs and financial records proving he was deeply in debt but that wasn't all. forensic experts also discovered that in the weeks and months leading up to april's murder, justin searched various websites looking for information on blood loss and gunshot wounds to the right chest. >> what's the chances of somebody researching that thing specifically, gunshot wounds to the right chest, and six months later getting shot in the right chest? i just don't believe that's possible. >> prosecutors believe that when april barber learned about her husband's infidelity and his financial problems, she wanted a divorce. prosecutors also believe that justin wanted the $2 million from april's life insurance
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policy. so he searched computer websites to learn how to shoot himself without inflicting serious injury. justin believed if he drove to the hospital with gunshot wounds, everyone would believe his robbery story. >> justin barber wanted it all. he wanted to show up with his bride in the suv at the hospital as a hero, as somebody who was not only a hero but also a victim. collect the money. have everybody feel sorry for him, move on with his life from there. >> but it didn't turn out that way. >> they say when you commit a homicide, you make about 30 mistakes and you can't remember but about five. >> the first mistake that night happened just after 5:00 p.m. justin downloaded the guns n roses song "i used to love her but i had to kill her." prosecutors believe that april
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told justin over dinner that she wanted a divorce. after that, justin enticed april to go for a walk along the beach possibly to continue their discussion about how to end their marriage amicably but his plan fell apart. perhaps april felt something was amiss or she saw the gun. either way, there was a struggle. justin subdued her by holding her head under the water until she lost consciousness. he then carried her toward the car but there was no blood transfer because at that point neither one was bleeding. he fired a single shot into april's head. the blood from her head wound was now on top of the foam produced by the near drowning. justin then shot himself four times careful not to break any bones or hit vital organs.
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but the excruciating pain and daunting task of carrying april's body up the long flight of stairs required a change of plans. he had no choice but to leave april's body there. justin got rid of the murder weapon somewhere along the highway. then tried to gather his thoughts and compose a possible explanation for the water in april's lungs. he drove for ten miles passing numerous homes and businesses along the way before he asked a fellow motorist to call 911. perhaps the oddest piece of forensic evidence was that justin erased the guns n roses song from his computer just an hour or so before turning it over to police.
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>> it's hard to hear that he did it. he was somebody i trusted and i looked up to. i'm very sad. there's not a day that goes by that i don't think about my sister. >> in june of 2006, justin barber went on trial for the first-degree murder of his wife, april. the forensic evidence was simply too much to overcome. he was convicted and sentenced to life in prison. investigators describe it as one of the most unusual and cold blooded cases they've ever seen. >> if you take somebody like justin barber who is probably a sociopath and he looks at everything as to how it suits him. he did not want the stigma of a divorce. >> there were no independent witnesses other than the
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decedent and the murderer. there were only two people on that beach so in this case forensics made the entire case. >> the truth of the matter is with physical evidence we have, once we developed it, analyzed it, and had it in its final form and compared it to the story, it revealed that justin barber was a liar. a small texas community mourned the tragic death of an outstanding high school athlete and scholar. at first, there wasn't much hope that the killer would be apprehended, but tiny paint chips and bits of plastic provided evidence far more accurate than an eyewitness. san antonio is one of the fastest growing cities in texas, which in turn, required the construction of one of the most sophisticated systems of state highways in the country. unfortuny,

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