tv Forensic Files CNN February 7, 2015 9:30pm-10:01pm PST
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>> the maple tree alive and growing was one thing, one creation that fred grabbe could not intimidate, could not reach, could not destroy. come by bill mobrey motors on the expressway in brownsville and prove it to yourself. we really do have great service and low prices. >> when a texas car dealer was found shot to death in his bed, it looked at first like suicide. but a closer examination of the evidence convinced investigators the man had been murdered in cold blood. a decade would pass and a family would be ripped apart before a jury rendered final judgment on what really happened that hot texas night.
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in the early morning of september 16th, 1987 a couple in brownsville, texas watched late-night tv before going to bed. 43-year-old bill mowbray complained of having trouble with his back and told his wife, susie, he was going to sleep. about a half hour later, she switched off the tv and turned in for the night. soon afterward, the mowbrays' lives would change forever. susie said she heard a noise and woke up to see her husband's elbow pointing upward into the air. seconds later, she heard a loud explosion. she leapt out of bed and found him bleeding profusely. a pistol lay near his hand. she said she pulled it away and dropped it. it landed in a pool of his blood. she rushed downstairs to call for help.
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her first call was to one of her husband's coworkers. he did it, she told him. he shot himself. >> my husband, after threatening suicide for at least three years almost on a weekly basis, finally did it. and the worst thing that could ever happen to anyone happened to me. >> after telling the coworker what happened, susie mowbray then called 911. homicide investigator george gavito was one of the first people on the scene. >> she was waiting there at gate. she had a mixed drink in one hand and she had a cigarette in another hand. she went in when the deputies came in, went back to the house. she pointed to the room upstairs where it was. >> paramedics and investigators found bill mowbray with blankets pulled up to his neck. he looked as if he were sleeping. except for the massive damage
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caused by the .357 magnum that lay near his body. >> the entrance wound was on the right side, the right temple, and the exit wound was on the left temple. now, this was a very high-energy weapon. it was a very, very disruptive blast. it literally blew this victim's head apart. >> the fatal wound was a contact wound. the gun barrel had been placed directly against bill mowbrey's head. as the bullet exited his left temple, it went through his left hand, which was apparently resting under his head when the shot was fired. brownsville residents were shocked to learn that one of their most high-profile residents had apparently killed himself. bill mowbray ran a local cadillac dealership and was well
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known in town. but the dealership had fallen on hard times. bill was deeply in debt and was being investigated for alleged tax fraud. >> he was fairly desperate. he had gone to a banker and put his head down on the desk and cried in front of that banker and said, if you don't loan me $200,000 to help me out, i'm going to kill myself. and he was desperate. he had gone to every source he knew for funds. >> it looked as if bill mowbray had gone through with his threat. but investigators weren't so sure. they noticed something unusual in the position of his body, something that said it was physically impossible for him to have shot himself. they were convinced that bill mowbray's death was not suicide, it was murder. okay, listen up! i'm re-workin' the menu. mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®.
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earlier and married soon afterward. they lived the good life, a beautiful home, exotic vacations, condos at the beach. for bill mowbray, money was no object. >> my brother did have a tendency to spend a lot of money. he did like good things. when he would get involved in a -- any kind of a hobby, he would get involved completely. >> but bill was having serious money problems. he was overextended on his business and in trouble with the irs. he was also cheating on his wife. >> people knew they were separating. bill was going out with someone else and susie had found out about it too. she found a couple of glasses of champagne in the bed when she had come back and questioned the maid about it and the maid had confirmed that bill was going
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out with someone. >> on the day before his death, susie discovered that bill had made changes to their insurance policies. she found that within days, the current policies would be canceled and bill's daughter would become the main beneficiary of new policies worth almost $2 million. for police, this signaled a possible motive for murder. >> we got the two-year suicide policies in texas. if you buy an insurance policy, you have to wait two years before you commit suicide. and if you buy it to commit suicide, of course, it doesn't pay off. and if the new insurance -- well, to begin, she wasn't going to receive any money, so she had to make a move and she had to make it quit. >> susie's actions, just after bill's death, also aroused suspicions. bill's brother, jim, went to the
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house just hours of bill's body had been removed. >> i'd been told that he had killed himself in his bedroom, which was up a set of stairs. and as i got closer and closer, i started hearing music and people laughing and stuff up in the bedroom. and i was taken by that. and about that moment, susie popped out in front of me. and my first words to her were, "what's going on?" and she said, "we're having a painting party." and i was dumbfounded. >> having a party at this point is rather inappropriate. considering -- >> everything had been taken out of the room. all the furniture, even the carpet was gone. but for police the unusual position of bill mowbray's body provided clear indications of foul play. when a high-powdered gun is fired at close range into someone's head, it creates what
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is called blowback. basically, the force of the blast blows brain and blood matter back onto the hand and arm of the shooter. bill mowbray would have had to shoot himself with his right hand, since his left hand clearly contained an exit wound. but his right hand was lying at his side and was virtually free of blood. >> there was a very minimal amount of blood smeared about the right arm and hand, but no spatter. to me this indicated that it was extremely unlikely that he could have been holding the gun when a shot was fired. at that point, then, i reached the conclusion that this individual could not have shot himself. >> in addition, his right hand was under the covers. it seemed impossible that he could have fired a bullet into his head and then pulled the
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covers back over himself, all the way up to his neck. what's more, blood analyst, sergeant dusty hesku said he found blood splatter and traces of lead on the nightgown susie mowbray was wearing when bill died. all indications were that bill mowbray had not killed himself. and there was only one other person in the house the night of his death, his wife, susie. and she had a $1.8 million motive to kill him. prosecutor bill higin theorizes that susie could have laid next to bill and using the pillows and blankets as a barrier between them fired at point black range into his head. he says that despite the barrier, blowback left blood
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spatter and lead vapors on her gown. these red dots show where hesku claimed to have found blood. four months after bill's death, susie mowbray went on trial. >> do you feel confident going into your trial, ma'am? >> no. i don't think anyone in their right mind would say i feel confident going into a trial like this, no. i'm scared. >> after a three-week trial, susie mowbray was found guilty and sentenced to life in prison. the jury agreeing that it was physically impossible for bill mowbray to have shot himself. but as she was sent away, her supporters said they found evidence that she was innocent. the question was whether they would ever get a chance to prove it. ready for another reason to switch to t-mobile. get 2 lines of unlimited 4g lte data for just $100 bucks a month. it's america's best unlimited family plan. and it's only at t-mobile.
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in june of 1998 susie mowbray was sent to prison to serve a life sentence for the murder of her husband, bill. she maintained her innocence while attempting to adjust to life behind bars. her supporters, particularly wade burnett, her 20-year-old son from a previous marriage, went back to the evidence that was used to convict her, claiming crucial details were misrepresented. he found that prosecutors had
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not disclosed a report that contradicted their own case. it had been done by herbert mcdonald, a highly regarded blood spatter expert. he had examined the gown susie mowbray was wearing when she allegedly shot her husband. >> the evidence i examined strongly suggested that that garment wasn't anywhere near bill mowbray when he was shot. and of course, that would assist the defense and not the prosecution. >> mcdonnell was never called to testify. instead, the prosecution's other blood analyst, sergeant dusty hesku, testified that he found 48 separate blood spatters on susie mowbray's gown. this was a particularly damning piece of evidence. he said he used luminol to examine the gown. luminol is a chemical that causes blood to glow, or luminesce, even after it has
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been cleaned. the effect only lasts for about 30 seconds. time, hesku said, to measure all the blood spatters. this is a claim dismissed by most blood spatter experts. >> i don't doubt that he saw specks of glowing material in the dark, but according to his testimony he saw many and he measured them. this is like measuring the length of a firefly at night in the springtime. that's a good trick. i wish i knew how to do that. i don't. >> there were other problems. blood is not the only substance that will glow when in contact with luminol. certain bleaches, even something like horseradish, will also glow. no one doubts that hesku saw something glowing on susie mowbray's nightgown. but no tests were ever performed to determine if what he saw was in fact blood. >> the forensic evidence in the
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original trial pointed a particular way, and it turned out that all their testing and their forensics were all flawed and probably carelessly done. everything was so directed towards a finding of guilt, i really feel like it wasn't a fair analysis of the forensic evidence. >> when it was discovered that the nightgown had not been properly tested, the judge overturned the verdict and after serving nine years susie mowbray was released from jail. >> i am standing here with my family, not inside a prison. this is freedom. >> but she would have to face a new trial. and prosecutors remained confident that the evidence used to convict her the first time would convict her once again. but her defense attorney said it was clear bill mowbray killed himself and that key evidence proving their case was gone. the t-shirt bill was wearing when he was shot had been torn
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apart by paramedics trying to save him. and the blanket next to his body, which would have absorbed large amounts of blood spatter, had been lost shortly after his death. susie mowbray's retrial in january of 1998 was perhaps the biggest media event in the area's history. people lined up for hours to get a seat in court. thousands more watched nationwide on courttv. finally, it appeared the courts would answer a question now almost a decade old. had bill mowbray killed himself? or was he the victim of a cold-blooded killer?
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the main bone of contention in the retrial of susie mowbray centered on a simple issue. bill mowbray had been shot with a high-powered gun at point-blank range. whoever shot him would have been spattered with blood. yet, bill mowbray's right hand, the only hand he could have used to shoot himself, had no gunshot residue and was virtually free of blood. that left susie mowbray as the only other suspect.
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but a respected blood spatter expert originally hired by the prosecution said there was no blood on the gown she was wearing when her husband was shot. prosecutors claimed it was possible that susie could have placed pillows and a blanket between herself and bill and that these received most of the blowback blood spatter. but that blanket and the t-shirt bill mowbray was wearing when he was shot had been lost, a serious blow to the prosecution. meanwhile, susie mowbray's defense team had its own problems. they had to account for what many considered to be her unusual behavior just before and after the shooting. she found out just before bill's death that she was being cut out of his life insurance policies. then, after he was shot, she called a family friend before calling 911.
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and within ten hours of his death she was painting the room where the shooting took place. her defense also concentrated on bill mowbray's behavior. his business was in trouble. he was being investigated for alleged tax irregularities. ten years earlier, he had actually attempted suicide. and he told friends he would kill himself before spending one day in jail. he even told a coworker what funeral home he wanted to handle his body. >> the irs was about to close in on him and he had no place to turn, because of whatever it was about his personality and the way it evolved, the only way out for him was to kill himself. >> after two weeks, susie mowbray's second trial was nearing the end. as the prosecutor made his closing argument, the courtroom sat riveted and then -- >> she's standing outside with
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her drink in her hand, while she's medicating herself, he is still alive, gagging in his own blood -- >> i didn't do it! i didn't do it! >> your time is up, counselor. thank you. >> don't send me to prison again! god, i didn't do it! >> she makes this outburst, which is totally unexpected, although some think it was choreographed, but it was totally unexpected. she makes this outcry, and really, what it does for us is gives us relief that look, we've done everything we can. we have got her to the edge, and now if something goes bad i'm just going to look back and say, it was susie's fault. >> the outburst was as close as susie mowbray would come to testifying in her own defense. after four hours of deliberation, the jury came back with its verdict. >> we the jury find the defendant, rita s. mowbray, also known as susie mowbray, not guilty.
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[ applause ] >> in a highly unusual move, the jury foreman read a prepared statement shortly after the verdict. >> furthermore, members of this jury have reached the conclusion that the only issue decided by this jury is that the prosecution was unable to prove beyond a reasonable doubt the guilt of the defendant. >> jury members later said they couldn't speak to susie's guilt or innocence, only that the prosecution had not proved its case. despite or perhaps because of that decision, the case continues to generate controversy. >> i can't be absolutely sure in a mathematical sense that she is the one who did it, but i am sure that he did not shoot himself. >> it was a physical impossibility for her to have killed her husband. >> susie mowbray did not receive the insurance money. she is considering writing a book. >> i want my children to be
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proud of me. i've been given a new lease on life, so to speak. i want it to be good. i want it to matter. i still don't know exactly what it will be, but it's going to be it will be, but it's going to be okay. -- captions by vitac -- www.vitac.com just 90 miles north of new york city, a female correctional officer was discovered missing from her post at the prison. there was no trace of her anywhere inside the prison. none of the inmates or guards knew where she went or reported seeing anything suspicious. how could a guard simply disappear in an overcrowded maximum security prison? ♪
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