yes, i saw the body. is that what you want to hear? >> no, we want to hear the truth. >> i don't know! ♪ the story's getting good dig the hole a little deeper ♪ >> i walked into the bedroom and that's when i saw a body, a large amount of blood. >> there's a body in my son's apartment. >> a dead body? >> they find out it's julies jue kibuishi. >> they are on the hunt for him. they believe they are a killer on the loose. >> police must interview everyone who has any connection to julie or sam herr and that could include his good friend

daniel. >> sam's friend, he is a v the lead actor in a musical production. >> all of a sudden, pieces start coming together. >> he says, i'm going to tell you everything. i'm sick of covering for sam. i'm sick of covering for him. >> i will tell you anything you want to know. >> he is about to say something that will change the entire investigation. >> i turned to somebody and said, did i just hear what i think i heard? >> he threatened it. >> he goes into that. ready for the performance of his life. ♪ i do regret there's only one of me ♪ ♪ >> orange county is this idyllic place by the sea. >> it's kind of the quintessential california town. it's palm trees.

it's pretty people. really the california dream. >> the beach, the surf, the sand, disneyland. >> very relaxed, laid back attitude. surfing, sun. a lot of wealthy areas, with very little crime. but it's also very socioeconomically diverse. >> orange county? there's no other place i'd rather live. >> one of the people living that california lifestyle is this 23-year-old girl, julie kibuishi. a free spirit. she's a dancer. she's like the epitome of the new american girl. >> i had two boys very close. and then i was told that i'm gonna have a boy. >> so you thought you were gonna have a third -- >> third one. and it was a girl. and she was born on valentine's day. it was so special. she started tap dancing, was almost like 5. she just fell in love with it. >> she was very compassionate, talented as well.

very fun to watch on stage. bright, vivacious, you could see it was a spiritual connection for her with the music. she really just had an effervescence around her when she performs. >> she was a japanese american. her family brought her up to respect her culture. but she could also poke fun at it, too. >> she's very bubbly, goofy. >> vibrant, attractive young lady, always willing to help a friend. >> she had a zest for life, a passion for her art. and everybody loved julie. >> and her friends and the people she hung out with, never any danger? >> no. >> nothing really for a mother to worry about. >> my kids, they didn't go anywhere that they should not go. >> so the friendly and vivacious julie suddenly has a new man in her life. she's studying fashion.

she's in college, and she meets sam herr. he's older. >> this is riding in style. i hope you're taping this for my mommy back home. >> and she said there's a guy in my class who used to be in the milt. but he's a big guy. but he is, like, a teddy bear. >> sam herr served time in afghanistan. army veteran. movie star good looks. he was very close with his parents and seemed to be an all-around great guy. >> sam was just one of those guys, kind of life of the party kind of guy. a lot of passion for what he did in the military. >> you're too scared. say something to the camera. >> good-bye, camera. >> big, strong guy, happy-go-lucky, you know, just a big galoof. he was always smiling. he was always laughing. >> here you go. >> so sam volunteered to go to one of the most dangerous places in the world, camp keating right

on the border of afghanistan and pakistan. >> he served up on top of our observation post. when we were under gunfire, it can range anywhere from, you know, half an hour to hours. >> one guy would have to go running through enemy fire to keep the generators going and that guy was sam herr. he is a war hero. >> but war heroes can carry some damage. and all those months on the front lines had done some damage to sam. in fact, like too many of our returning soldiers, he was beginning to show some signs of ptsd. >> he'll tell me stories sometimes that he'll have those nightmares somewhat often. he'll find himself in a foxhole. and his area will be taken over by insurgents. >> that's got to be pretty scary, huh? >> oh, it is. for him, it was very traumatic.

>> he had saved his combat pay. and he was going back to community college to get an education so he could reenlist in the army and rise in the ranks. julie kibuishi was going to orange coast community college as well. that's where she met sam. >> tell me about julie and sam's relationship. what you know about it. >> julie was sam's tutor. >> she looked up to him. she was very good at tutoring him in anthropology. and he got an a in that class. >> and they were friends, right? >> absolutely. when we met julie, i said, "sam, is there anything going on with you and julie?" and he says, "absolutely not, dad. she's like my kid sister." >> never romantically involved, as far as anyone knew. >> sam and julie have a very strong, plutonic friendship. she loved hanging out with sam at his bachelor pad. >> the camden martinique apartments. it's a large apartment complex. it caters to young adults. and it's kind of like a melrose place, but much larger.

>> it was full of a lot of partying, a lot of hooking up. >> they would have taco tuesday. they'd go down to the pool on weekdays. and they'd have just social events. >> among those at that social circle at the apartment were a couple from downstairs, dan wozniak and rachel buffett. they were local community theater actors really looking for that big break. >> picture a bunch of people, vast majority under the age of 25, and they were at the pool. and they would barbecue. living this sort of california college student lifestyle. >> that night, julie had met up with her brother, taka, at a restaurant. she was thrilled because she was asked to be in his upcoming wedding. he had actually given her a tiara to wear. part way through the dinner, she's getting texts from her friend, sam harr. and he's desperate to talk to her.

>> saturday morning, i woke up. and i saw her room's door was open. and she's not home. i kept texting her. but i didn't get a respond. i start calling her. but somehow it didn't even go to voicemail. and on that point, my heart was, like, pounding. >> that same night, there's another parent who is looking desperately for their child. it's steve herr. and he's looking for sam. >> sam was supposed to come to our house for the weekend. saturday came, we hadn't heard from sam. and throughout the day, i was calling his phone. but his phone would just -- it was off. and sam never turned his phone off. and i said, "honey, i'm gonna drive on down to sam's." >> dad goes to the apartment, goes in. the living room appears to look fine to him. but he gets to the bedroom. and there is a shocking

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>> sam's father is very worried. sam was supposed to spend the weekend with his parents at their home in anaheim hills. he didn't show up. >> he thought it was weird, so, steve went to sam's apartment, and had a key, so he let himself in. >> i walked in. and everything was neat, everything was clean. and then i walked into the bedroom, and that's when i saw a body, a large amount of blood. i immediately called 911. >> costa mesa 911. >> there's a body in my son's apartment. >> there's a what? >> a body, a dead body. >> a dead body? >> you walk into his apartment and there's a dead woman there. >> correct. >> what's going through your mind? >> initial thought is, sam, what happened? what did you do? >> it looks like there was some sexual activity. she's dead.

there's blood from her head. >> there's blood from her head? >> yeah, honey, i don't know what to tell you. >> do you know where your son is? >> no, i don't. i don't. >> the city of costa mesa typically, we get one or two homicides a year, so it was unusual. >> immediately as you walk in, i mean, you could tell it was a bachelor type apartment. it was a clean apartment. there was no signs that there may have been a struggle or, you know, maybe a fight that had gone on, or a party. >> there's a barbecue grill on the patio. there are empty beer bottles. it looks like a pretty tidy bachelor pad. and on the counter top in the kitchen is an invitation to a wedding between daniel wozniak and his fiancée rachel buffet, both actors in the community. >> then the bedroom, which begins to look a little suspicious. on the bedside table there's an

unused knife. and books. but then, when you turn to the bed a horrendous sight. >> our victim was deceased, laying partially on the bed and then kneeling on the floor. she had her pants pulled down and the lower portion of her body was exposed. >> investigators quickly learn who she is. her purse is in the kitchen. they find out that she is julie kibuishi. >> i was thinking a potential love triangle. >> and what was the condition of her body? >> she had one gunshot wound, top center of the head. she was wearing a tiara. >> the saddest part is that she was still wearing the tiara that her brother's fiance had given her. >> giving the death notification to julie's parents, that probably sticks with me the most in all these years since the

case. >> i don't remember the detail, but i only remember that i said -- i scream like, "it's not her." i was screaming like, "it's not her. it's not my daughter. i'm sorry but it's not my daughter. and just, you know. and then they said -- they found her i.d. and after that i remember i just lost it. >> i can still see it very vividly in my brain, that she just fell to the ground and was very emotional. >> suddenly they start hearing a taylor swift tune.

and it's actually a ringtone on julie's phone. then they start reading texts, and those texts are helping them build a portrait of what might be going on. >> sam texts that he's helping his downstairs neighbor, dan wozniak. he's his buddy who's getting married but can't afford it. >> helping dan. then headed to folks for weekend. >> but just a couple of hours later, sam's tone changes drastically. this seems like a man in trouble, a man on the edge. >> can you come over tonight at midnight alone? very upset. need to talk. >> she starts getting these texts from sam's number. that something was wrong. that something was going on that he needed to discuss with her. >> i'm hurting with some bad family crap. i can't be alone. no sex. >> i'm here for you like family. >> it's not just phone texts. police find a vile handwritten message right on julie's body. >> julie had some writing on the back of her shirt.

it said, "all yours. [ bleep ] you." >> we looked at the phone and thought, "okay, maybe he's drinking, using drugs, and there was an incident and he just snapped and, sexually assaulted her and wound up killing her and then fled. >> it's pretty cut and dry. it sounds like the girl's dead. the boyfriend did it. let's go find him. >> the victim was just 23 years old. her boyfriend is now missing. >> he hasn't been seen since last week. >> neighbors say his bicycle sits outside his apartment, but his vehicle is gone. >> his passport was missing. his car was missing. i'm looking at everything going, come on, guys, this is obvious. you know, you're gonna find sam, he's gonna be our killer. >> when they did a background check on sam, they realized that he had been on trial for murder, but had been acquitted. >> he's been in big trouble before. he was arrested for murder, he was tried for murder. >> a murder charge points to sam. >> squarely, absolutely. with a neon sign.

>> apparently, he was accused of leading a friend to an area where gang members then shot that friend, but sam was never convicted. >> we thought, "okay, if he has this, he's predisposed and maybe he did it again." >> they put out an all-points bulletin saying he is armed and dangerous. they are on the hunt for him, they believe they have a killer on the loose. >> now, costa mesa police have released a photo and vehicle description hoping to locate a 26-year-old man suspected of killing his 23-year-old girlfriend. >> obviously, there's a dead woman in my son's apartment and he's missing. i get it. you know, all the suspicions are going to be on him. >> police are asking for your help in finding him. >> sam was a real challenge for police. remember, he's a combat veteran who outwitted the taliban, and now he's on the loose. scary because he's a vet who's suffering from flashback memories. >> ptsd is very, very much in the back of our minds. >> so you knew he knew how to use a weapon? >> correct. that's why the armed and dangerous comes in where he's missing and there's a

possibility that he has weapons with him. >> so everything that you heard about him at that time pointed to sam as being the guy. >> there's absolutely no way that it was not sam. >> i was shocked when i heard about it. the guy was really nice. >> investigators, as investigators do, begin to talk to everybody sam herr knows, including dan wozniak and rachel buffett. those neighbors, the actors who they partied with at the pool. >> daniel tells me that he was with sam before he went missing, and he was with another unknown subject wearing a black hat. >> rachel told them the same thing, that sam had come downstairs to their apartment and that he had left with this guy that she had never seen before. he was wearing a hat. >> the more i'm thinking, this is not sam. sam wouldn't do this. >> sam's father, steve, is doing his own investigation. he knows that his son is not a murderer. he wants to get to the bottom of things. >> this is your investigative box.

>> this is pretty much the investigative box. >> sam had amassed a savings of about $62,000. now, his father had access to his bank account. sam's father notices, wait a minute, there's actually activity on this account from a bank very nearby. >> i went on the computer, and i saw there was activity. so i assumed sam or somebody was using it, in long beach. >> long beach is a little north of costa mesa, about half an hour away. >> steve goes and starts looking for sam himself. he was driving around looking for sam's car. >> steve's doing with dads do. he's checking himself. he's looking at hotels, hanging around atms for hours, and then suddenly a break. he gets an alert from his bank that that atm card is being used right now at a local pizza parlor. >> so i went there, went to the pizza place. checked around looking for sam's car. sat there for an hour. >> at the same time, costa mesa police are also monitoring the

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since last week. police found the young woman shot and killed with a shotgun. >> they put out sam's picture everywhere. >> in our effort to locate sam, we began to go into credit card activity, cell phone activity, things like that. we ultimately got notified by the bank that there was some atm activity in the long beach area. >> they notice there are four different withdrawals for cash at two different atm locations. but guess what? they're expecting to see some man, be it sam or somebody else on this surveillance tape, but what do they see? not a mystery man, they see a mystery boy taking money out of this account. what? >> the bank sent us these videos. it was a day or two later. and then we were surprised and who is this kid? >> it was a very young man, a caucasian, and he was wearing a hoodie. definitely trying to make a point to try to disguise himself.

>> it's not sam. his parents don't know who it is. nobody knows who this guy is. >> so to i.d. that mystery boy, police don't follow the money they follow the pepperoni. >> the bank card had been used at a pizza place and we went over to the pizza place and they gave us the address. where it had been delivered to. >> the police surrounded that house in long beach. a helicopter was in the air, they raided that house. >> probably with a s.w.a.t. team. full tactical sort of assault on this location, thinking that sam may well be there, or someone associated with sam. >> i hear this helicopter circling. i'm like, what's going on? >> we had detectives with ray jackets, we had our guns out. >> i open the door and that's when they say, don't move. sir, come here immediately. >> we ordered everyone out of the house at gunpoint. >> get on the ground. and they put me down with handcuffs. >> the person coming out of the house is not sam, it's a

17-year-old. his name is wesley freilick, and police say he's the guy in the atm photos. he's now the center of the investigation. >> i'm [ bleep ] myself. everything's going on crazy. i'm freaking out. i'm being questioned about this whole withdrawing money from the atm. >> we didn't know if sam was being concealed or hiding in this residence or not. and then we went in and did a search throughout the home. >> the police go inside. my mom's door to her bedroom is shut and locked, and the police are assuming that he's in there. >> so we forced entry into that room to search it. >> there isn't any sign of sam. but there is a debit card. and guess who's name is on that debit card. sam herr. >> and when they talk to the kid about it, they realized quickly, that he's not a murderer. and he wasn't charged. >> i immediately told them everything. i said, this is what happened. >> wesley told us that the person that had given him sam's card was daniel wozniak. >> wesley had known daniel wozniak through acting. dan had acted kind of as a

mentor for wesley in theater, and that's how they had met and become friends. dan was kind of like an older brother mentor to him. >> he's a cool kind of cat that i would like to groove with. >> that cool cat, that's dan wozniak, sam's friend, the broke neighbor. dan's about to get married. he's the lead actor in a local musical production, nine. now according to wesley, dan has the lead role in a debit card scheme. >> wesley said dan wozniak had sam's atm card, and he gave it to wesy ook, sam owes a bunch of money to a bails bondsman. and he's asked me to help him withdraw money from his atm, and i'm asking you to help." >> he had an actual folder of paperwork, saying that this was legal, all good to go and all they need to do is withdraw the money and make sure i wore a hat and glasses. >> you know, the first thing would come to mind, if you'd asked one of us to do that, we would go, "that's just not right.

but you're talking a 17-year-old, and so it's like, "all right, i'll help them out, here." >> wes and dan get in the car and they drive around the corner to a nearby atm. wes took me there when i interviewed him in 2016. >> where's he parked? >> he's parked over there in that parking lot. >> so he can see what you're doing? >> yes. yes, he cameras aren't seeing him, but the cameras are seeing me. i skate across and come here and i put the card in. >> what was his reaction when you gave him the cash? the first reaction actually was why'd i take so long? and i told him first time using and atm, so i don't exactly know what i'm doing. aw quiit of cash. now enough to in $400 increments. he would take that cash back to his very good friend and mentor, daniel wozniak. so now daniel is becoming a person of interest in the disappearance of sam herr and also the murder of julie kibuishi.

>> so at that point it's time to bring dan in? >> yes, it is. >> i had detective morales call daniel using a ruse of, 'hey, we need ya to come down.' and dan said he wasn't available. he was at his bachelor party. >> police aren't going to have any of that. they go to the sushi restaurant, where he's holding the bachelor party. >> dan wozniak was there with a couple of his friends, and immediately when he saw me, you could see the blood drain from his face. he turned pale and immediately looked down. >> he says, i'm gonna tell you everything. i'm sick of covering for sam. >> he would tell us everything if he was able to get to his wedding. >> then all of a sudden, the pieces start coming together and it is beyond diabolical. about 50% of people with severe asthma have too many cells called eosinophils in their lungs. eosinophils are a key cause of severe asthma. fasenra is designed to target and remove these cells. fasenra is an add-on injection for people 12 and up

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>> this murder is full of shakespearean twists. you have a lead actor who's now starring in an off-stage drama. >> shall i settle for less? >> dan wozniak is now suspect number one in the disappearance of sam herr and the murder of julie kibuishi. a totally different persona than you see onstage where he's loved by the oc community theater crowd. >> he was every director's actor. i mean he was there, on the spot, committed, focused. >> he's a decent actor. he's pretty good for orange county theater. >> i came here because i know

you better than any other person. >> he had a lot of charisma onstage, he got cast in a lot of shows. >> dan was amazing. he had a very strong voice. it lured you in to him. >> there you are acting together, huh? >> yeah, this is one of the scenes. we did a pose. dan was always a very gregarious and outgoing -- he was just such a fun guy. >> very likable. had that twinkle in his eye. he was the type of person that, you know, you saw them and they were such a life of the party. >> dan's outward, gregarious personality comes out in a 2009 youtube video to promote a play. >> hi, my name is dan wozniak. i'll be playing the role of john davidson at the orange county theater. >> also on that videotape, rachel buffett.

she is daniel wozniak's co-star, both on the stage and off, because they're engaged. >> dan and rachel, at least from our perception, were complete opposites in personality. he was very outgoing. rachel was more standoffish. quiet. she always had a serious look on her face. and that came off rude. >> rachel and daniel wozniak were both unemployed. he had a hard time keeping a job. he was a little bit lazy. and he had no real ambition other than this desire to be an actor. >> you're not doing community theatre for the money. no, you're doin' it to meet new people, new friends. >> he was two months behind on his rent. he was facing eviction. he was borrowing money from friends. >> i don't think we knew anything about money problems until he asked us to borrow money. he just said, "i was just wanted to know if you can lend us $500." it's a surprise for rachel.

you know, we're getting married and i have this photographer that she likes and i need it for a deposit. >> money problems are a constant theme for dan. he has no full time job. he needs thousands to help finance his wedding and pay for an expensive honeymoon. he's even turning to strangers for cash. >> chris williams is a local jazz singer, and he's at a party that daniel and rachel are attending, and he overhears them talking about money problems. so being, apparently a very nice guy, offers to give them a loan. >> he ultimately loaned daniel and rachel several thousand dollars, so they could pay their rent and pay some bills. >> dan has little breathing room. the debt collectors are off his back, but now, the costa mesa police are on his tail. they know he's a central figure in a debit card scam involving a missing friend. >> we knew we had to talk to dan and bring him in. >> they call daniel wozniak up.

wozniak says, "i'm too busy to meet with you right now, i've got a bachelor party to go to." >> and so, they are up and down the beaches, nothing. it's a fishing expedition. >> we see a restaurant with a big neon sign, it's called tsunami. we said, "hey, let's go check over there." >> i walked around the bar area. i did not see him until i actually walked to the back of the restaurant. daniel wozniak was actually smiling, laughing, drinking with his buddies. >> daniel saw me, he turned white and it was you could just see the blood draining from his face. >> police literally walk in and arrest him in the middle of his bachelor party. >> as we walked out, again, said, "i'll tell you everything you want to know, i'm not going to protect him anymore." >> they take him down to the station at the costa mesa police department, and begin interrogating him. >> go ahead and have a seat in there. >> i need -- i need to start from the beginning. >> yeah.

there you go. >> daniel wozniak had given us his statement that he and sam herr had a plan to withdraw funds from sam's atm and sam would report his account stolen. >> friday morning, i woke up and got a call from sam in the morning who said, "how serious are you about this?" and at the time, i was looking for a little bit of money so i said, "pretty serious." it can work, you know? so he said, "okay, what do we need to make it happen?" >> it was a long night for dan. he had to answer lots of questions. >> what were you doing with sam herr's atm card? why did you give it to this young man to take out money? and, most importantly, where is sam herr? >> i don't know. >> dan says he doesn't know where sam is, but he does admit to detectives that was able to convince that teenager to be a stooge at the atm. >> he asked if it was illegal. i said, "no, no, no, don't worry."

that was a lie to him too. >> these detectives are like, "wait. why would he pay you to steal his own money?" >> so you get money friday? >> right. >> why is he getting money friday? >> 'cause that was the credit card fraud. that was the, the whole scam that we were talking about. >> it didn't sound true to me, it didn't ring true, when we continued to question them and press him, he kept changing little details about it. >> in the interrogation room, dan tells detectives that the saturday after the very first atm withdrawal, he gets a knock on the door at 8:30 in the morning, and guess who's standing there? sam herr. >> opened the door, it was sam. >> alright. >> i'm like, "hey, man, what's going on? is everything good?" he's like, "not good. i did something bad" i'm like, "what did you do?" he's like, "there's a dead body in my apartment. i shot somebody."

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with 100% all-white meat chicken. >> dan wozniak was arrested right in the middle of his bachelor party. he's taken down for interrogation, and he admits to police that he was involved in an atm scam, but he has nothing to do with julie's murder. >> he doesn't know where sam is. >> and that, he was actually performing on stage in a

musical. >> we were in show that night, nine musical down. we went down drove to the theater, and everything was fine. ♪ you will be my true love >> we did the show we came back home, i took a shower, we had sex, and then we went to sleep. >> then he jumps into sam had come to his apartment early morning hours banging on his door saying, "hey, something horrible is happened." >> opened the door it was sam. >> all right. >> i'm like, "hey, man what's going on? is everything good?" he's like, "not good, we're in trouble." we need to get the [ bleep ] out of here. and so we drive he's like, "there's a dead body in my apartment." >> at that moment detective delgadillo and i thought that we definitely have a suspect on the run, who's sam herr, but it's a possibility that daniel wozniak's also involved. >> he said he had been doing some heavy drugs. he's like, i shot somebody. i was not happy about it. it was a fit of rage and

honestly she had it coming. i said, "she?" >> it went from this credit card fraud to drug-induced rage, with julie. when someone tells you the truth, it doesn't change. he kept adding stuff to his story, a light bulb goes off in my head, saying it's not adding up. >> and i said, dude i'm not one to judge but you know, you [ bleep ] got me into this. >> and then, and then he said, "well, i know where you live." >> okay. >> and i said, "yeah, you know you do know where i live." he's like, "you rat me out i'm going to [ bleep ] kill you." and better yet i'm going to start with your wife. >> he talks about how sam threatened him and he threatened his wife and he only helped because sam said he would kill them if he didn't. >> but, here's the deal. this isn't the last story we're going to hear from daniel wozniak. >> so then what sam says is like, "well, you need to drop me off like somewhere." >> i said that your safest place for me to drop you off to where no one's going to be watching is

the mall. >> dan tells the police that he takes sam basically to a shopping area or to a mall to drop him off. and it's like, well how does that make any sense? and if the guy wants to disappear if he just committed a murder, the last place he'd drop you off is in some public forum where people could see him, where cameras could capture him. >> so what i told everyone was, because the last person to even know that i knew that i was with sam was my wife. >> okay. >> i made up this mystery person just hoping that would you know take the blame off me. >> okay. >> so i, i made up this guy, a white guy with a black baseball cap. he doesn't exist. that's a lie. >> okay. >> and i apologize for that. >> investigators are pressing and he mentions that the mystery man with the black hat that he initially told them about in fact doesn't exist. >> he admits that he has lied to them. so the police immediately turn around and say, "great, i need a dna swab from you." >> this is a swab. like a swab to eliminate you. it will only take a second here. >> eliminate me? >> i could see his body language really change. he kind of sat up in his chair a little bit more.

he looked at me, and you could tell he was very nervous. >> just open your mouth for me. that's it. >> oh, okay well. >> very painless. very painless. >> at the moment they take the dna sample, daniel wozniak thought he was going home. and you see the relief on wozniak's face. and he laughs and says, hey that was easy. >> he thinks it's over. he thinks he's done his job, convinced the cops. >> standing ovation with the audience, he has just done the performance of his life. wedding on and he's gonna go have an awesome honeymoon. >> but the cops say not so fast. >> you're being up front with us, you're being honest. there should be no reason why we should find your dna anywhere in certain areas and stuff like that and that's why that's why we're doing it. >> you can kind of see dan registering that, "oh, i might have to explain why my dna was found in sam's apartment." >> dan scrambles and offers up an explanation of his own. >> now i was in sam's apartment friday afternoon. >> okay.

>> and i know i did use the bathroom. >> you did use the bathroom. >> i used the bathroom, and i went -- i'm not sure if i went on the patio or not. where's that dna going to be showing up? >> in sam's car. >> what about on julie? >> no, it wouldn't be on julie. >> did you see julie dead in the apartment? >> no, i did not. no, i did not. no. >> you better think about that. i'm going to give you time to think about it. >> it's clear that the pressure that the police are placing on dan are starting to work because he admits that he was in the apartment. >> and you didn't, you didn't ask him where's the gun? >> no, wasn't on my mind. >> that's the most crucial piece of evidence. you didn't even ask him where the guns at? you really expect us to believe that? >> yes. >> where's the gun sam? what did you do with the gun? >> i'm not sam, my name's dan. >> i know, but that's what you're -- wasn't that what you were asking him?

>> no, i had nothing to do with this because my life was in danger with my wife. i'm sorry. >> how was your life in danger? >> he threatened it. >> well, we did really push his buttons. he would either stand up and start yelling, got aggravated, but my partner and i both felt like he was doing an acting job during the entire interview. >> daniel appeared to be on stage. it was a production. >> you have trained actor versus real-life, very savvy, smart detectives. it's like a battle of the titans. >> stand up. >> so i'm staying here? >> yeah. >> absolutely you are. >> you're arrested for murder, okay? accessory to murder, that's what you're being arrested for. you don't want to talk to us, tell us anymore, that's -- that's it. then we're done. >> okay. whoa, hold on. whoa. >> we're done. >> whoa, whoa, whoa, whoa, whoa. okay. >> we're done. unless you want to talk to us, we're done. >> i will talk to you about anything if it gets me to me wedding on friday. that's what i will promise. anything you want. oh, my god. >> go ahead. we're listening. >> yes, i helped sam get away. yes, i did not know what he was planning 'til then.

yes, i lied to you guys earlier. yes, i did stuff that i'm not proud of. that's it. >> it seems wozniak thought that just saying, "oh, you know, i may have helped him leave, but that was it. i had nothing to do with it," that he's free and clear, but the reality is that if you assist someone who you know has just committed a murder, you're now an accessory after the fact. >> dan, you got the answers. you can help us. >> i don't know what else you want me to say. i don't know! >> tell us the truth. >> i don't know! >> tell us the truth. you're not that good of an actor. you can prompt and do your stuff. this is your chance to clear the air. >> he sounded like a c level soap opera actor who was practicing his lines for a show called the dumb and the senseless. >> yes, i saw the [ bleep ] body. moving?

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♪ i do regret there is only one of me. >> woz flrks iak is now a person of interest in the disappearance 067 sam herr and the murder of julie. >> this is not a production. it's not a play. this is a 23-year-old girl dead. >> everyone is watching the case just because of the horror riffic detail. >> listen, babe, i'm going to go do something now and you're not going to see me the rest of your life. >> daniel wozniak iswozniak iswk

something. >> is he able to walk in here with a backpack full of body parts. >> i'm hoping, praying they find my son's head. who can write a script on that? >> there didn't appear to be any mystery to it. and then all of a sudden, the pieces start coming together. and it is beyond diabolical. >> it's now been about four days since the murder of julie kibuishi. her body found on the bed in the apartment of sam herr. ♪ only you will i ever see forever you will be my true love ♪ >> community theater actor daniel wozniak is under arrest in connection that murder. but he's insisting he had nothing to do with it. >> at some point all this [ bleep ] went sideways.

so we're gonna speculate that julie got lured to this place as to conceal all this -- >> julie wasn't even involved. >> she's dead. >> yeah. >> that's why we're here. >> "look, i never saw julie. i was never in the apartment. i didn't kill her. i helped sam try to cover it up, that's it." they begin to press him and his story changes. >> okay, fine. he came down and said, "help me." i went upstairs. and yes, i saw the [ bleep ] body. is that what you wanna hear? >> no. we wanna hear the truth. >> that is the truth. >> okay. >> so now police have gotten dan wozniak to go one step further. he's now not only in the apartment, he's seen julie's body. >> what's important about that is he now has put himself in the crime scene. >> we figured out that we should probably see if we can try to get him to tell us more. so we used a ruse with the dna. >> how'd your dna get on her? >> 'cause i was right over the body. >> dna doesn't just fall off. >> i don't know. >> okay. >> i didn't touch her. i didn't do anything. >> so, up to this point, wozniak

clearly thinks that he's keeping himself out of trouble. but he's about to say something that's going to change the entire investigation. >> what'd you see? >> saw two gunshots in her head. >> big mistake. >> huge mistake. >> why did the two bullet holes bother you so much, that he knew that there were two bullet holes? >> because when we were in the apartment, we all looked. and it was only one visible to our eyes. and then when he had mentioned he saw two gunshot wounds, i said, "well, he was there when she was shot." >> he must've seen or done with the actual two shots. >> right. he was there when she was killed. >> he's going to have some explaining to do to detectives. >> so, so where were the -- where were the two bullet wounds? >> i don't know. sam said he shot her twice. >> okay. >> and i saw -- >> but you just -- >> i saw -- >> you just told us you saw two bullet wounds. you were -- >> no. >> standing over her -- >> no, no, no, no. okay.

>> whoa, whoa, whoa, whoa, stop. >> okay, okay. >> you can't even keep your lies straight. >> well, that's what sam told me he did. i'm sorry i misspoke. and that's when we knew we had him. >> i saw two bullet holes to the head. >> that's not what i meant. that's not what i meant. i apologize. >> his story kept changing. i think he thought that his acting ability was gonna carry him through his performance, so to speak. and it wasn't doing it. >> i saw julie. and i freaked out, looked over. and then i said, "okay, well, what do i need to do?" so, we found the two shell casings. sam picked them up. i'm like, "take the shell casings so they don't find those." >> dan just keeps adding details. he's in the apartment. he's seen julie's body. and now, he's helped clean it up. >> i said, "you gotta get rid of your clothes. you gotta get rid of everything. so pack 'em all in a backpack." so, he put 'em all in a backpack. and he kept the backpack along with the gun. i grabbed some gloves and wiped everything down as best i could. >> with him changing his story twice, he still could not tell

us where sam was at. >> so where is he? >> i don't know. >> you gotta have an idea. >> he's somewhere in long beach. >> he's admitted being in the apartment, admitted seeing a body. so the police now they're moving up the mountain with him. but they're not there yet. so, you're always sort of looking for ploys to get people, to push them a little bit further. >> police decided to bring his fiancee, rachel buffett, in who sat down in front of him. and the exchange is very odd. >> be seated. you can go sit right there. >> i wanted to see the reaction on them, both their faces. on he had just confessed to being involved as an accessory. okay, let's see what your

fiancee, break it to her. >> really? really? when was the last time you really saw sam? >> saturday night. >> what happened? >> he killed julie. >> why? >> the fact that rachel seemed so matter of fact and unemotional would be a red flag for them. she's being told for the first time that sam killed julie and that her response is relatively nonchalant, "oh, why'd that happen?" >> he killed her. he wanted sex. he -- >> whoa, whoa, whoa, whoa, no, no, no. let's talk about what you've told us, what you've done. >> sam came down and knocked on our door saturday morning, took me upstairs. and i saw julie. and i saw her body and everything. helped him get it cleaned up. >> you weren't teaching an insurance class? >> we were expecting some disbelief, some anger. >> some genuine horror, right? >> correct. >> there was no emotion. it was like, "wait a minute.

you would be pissed to learn that your fiancé was involved helping this guy clean up this murder scene of your friend." >> she doesn't display a lot of emotion. not everyone reacts the same to stressful situations. >> i'm stuck here for a very long time. >> this is true, isn't it? >> absolutely. it's not a production. it's not a play. it's real life. >> what if -- i mean, if he does everything that you guys want -- >> it doesn't change anything. it doesn't change anything. >> when they turned their focus onto dan wozniak as the suspect, did that change your thinking about what was going on with sam? >> no, i was kind of naive. i thought they might have him kidnapped for money or have him tied down somewhere. >> is there anything else you want to say to me? >> don't hate me. >> the actors have said their

teary good-byes. and scene. >> love you. let's go. >> sit down. >> no, no, sit down, daniel. sit down. >> put your cards on the table, daniel. >> it was border line fun. was that what you wanna hear? >> rachel and daniel engage in a series of phone conversations. >> hello? >> hi, baby. >> hey, what's going on? what do you want me to do? >> it's actually because of those conversations that it's going to be curtains for daniel wozniak. >> were you the one that killed them? (meg vo) i can just suck up my endometriosis pain... or i can... (diane vo) i can keep apologizing... or i can... (sherry vo) i can hope my pain gets better on its own... or i can talk to my gynecologist today! (avo) you didn't choose to have endometriosis... but you can choose to ask if orilissa is right for you. orilissa is specifically developed for women with moderate to severe endometriosis pain. in clinical trials,

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>> eisenhower beach is a beautiful area. the spot where daniel wozniak and his fiance, rachel buffet, were to be married in just days. >> do you wanna talk to us or no? >> yes, if it gets me home sooner, yes. >> at the end of that very long interview, he goes to the costa mesa holding cell, and he uses the phone to call rachel. >> the phone calls in the jail are recorded, not monitored in real time, and later reviewed by the detectives that are handling the case.

>> hello? >> hi, baby. >> what did you do? >> i helped sam cover some stuff up and that's it. i didn't murder anybody. >> did you help them actually cover the body up? >> yes, i helped them cover up the body and my payment was supposed to be everything in his account. >> babe, why on earth would you try and cover for him? >> 'cause we needed the money. >> no, we never need money. we need to be good people and just have each other. >> rachel kind of feigned that they had no financial issues, or she wasn't aware of these things. you've been evicted from an apartment, you're being evicted again, how can you not know these things? >> what is that about? >> as luck would have it, rachel went to wozniak's parents' house to tell them-he's been arrested. and that's when she runs into

tim, wozniak's older brother, and she tells tim dan has been arrested and tim proceeds to freak out and he tells her -- i've got evidence from that. >> i just talked to tim and i need to make a phone call to the detective now. >> why? >> 'cause tim's involved. >> because of what? >> i need to call the detective first before they catch me on this recording device because it looks like i'm not trying to tell them right away. tim says he has evidence with him. >> then i'm doomed. >> do you know that tim had some evidence? >> yeah. oh, god, oh, god, oh, god. >> daniel wozniak had reached out to his brother and asked him to come to his apartment to basically get some items and dispose of them. >> baby, tim, tim did speak up? >> only to me so far and it was in passing. i said i'm going to the police station right now. danny's been arrested and he starts freaking out and he was really frantic and something slipped that he had evidence.

>> no, don't, don't, don't, don't, don't. that can't be found. >> no babe, i'm gonna do it. >> the fact that he is saying "don't do it," is very incriminating for him. and the fact that she's saying, "i'm going to" is sort of helpful to her. >> trust me, please. >> you realize they're recording this phone conversation anyways? you're being an absolute ass to try and lie again. >> tim said he had a murder weapon. >> yeah, he does. >> they didn't know about the murder weapon or where it was. this was the point where daniel wozniak realized this is it. they're going to find out. >> babe, what do you want me to do? >> then i don't want you to tell the detective anything. >> he begs her not to give that information over to the police. but she went to the cops. but she went to the cops. but she went to the cops. but she went to the cops.

>> now i'm dead. now i'm really dead. >> baby, you're already dead. >> i was trying to cover it up and now i'm going away for life. >> were you the one that killed them? >> there's a huge pause and that speaks volumes. >> babe, listen to me. i'm gonna go do something right now and you're not gonna see me for the rest of your life. do you understand that? >> no, no. >> i have to tell the truth on what i did and i think you now know what it is and it's bad. imagine the worst, and that's what i did. >> and that's when he decides to let the jailer know, "hey, i need to speak to the detectives." >> while he's waiting, he calls her back. they then start talking about his future. >> do you want me to go to prison or the mental institution? >> go to the mental institution.

>> he's making it sound like it's his choice to decide. except that's not the way it works. >> baby, why -- why did you do this to me? >> i thought that was the only way i could take care of you because i was a failure. i'm sorry that i couldn't be the man that you needed. okay? >> so, baby, why did you leave your family then? >> i left them is i almost reached the point where i almost killed them. >> did you almost reached the point where you killed me? >> no, never. i promise. you were my only light. >> you're never gonna see me again. i'm never gonna be able to see you again. >> baby, you're gonna see me again. i'm gonna come visit you all the time. but baby, we'll figure this out, okay? i still love you very much.

you are so insane and so stupid. but i know in your twisted little mind, you were doing it 'cause you just wanted to be happy with me. and i hate you for screwing it up -- >> i'm sorry. i'm sorry. >> i'm almost there. okay? i love you, baby. i'll be right there, okay? >> detectives come to get them to bring them back to the interrogation room. daniel wozniak has promised that now he is going to come clean. >> the detectives are here. no more [ bleep ]. i'm going to tell you everything. >> and i had turned to somebody and said, did i just hear what i think i heard? >> and that's when i lost it. obscenities were flowing out.

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>> daniel wozniak has been in the hands of detectives all night long. he's just wrapped up his conversation with rachel, which ended with both of them sobbing. now he has to prepare for what might be the most important stage act of his life. >> detective delgadillo and i walked into his cell, and i still remember him having a jail

blanket wrapped around his head and his eyeballs were almost popping out of his head, and he says, "i want to talk to you guys and tell you everything." >> relax. >> relax, man. >> stop it. >> pull yourself together right now, okay. >> i think he just couldn't hold that weight any more of what he had done. >> i'm crazy and i did it. >> when you hear that, you're thinking, "what?" >> you did what? >> i killed julie and i killed sam. >> dan's admitted he's murdered julie and that sam isn't on the run. sam's not even alive. he's murdered him, too. >> sam came first. fromisba 0 is unlimited wealth the world of daniel wozniak. for a diabolical, manipulative

psychopath, he's the perfect target. >> this man was desperately in need of financing his wedding and his honeymoon. sam herr represented to him the answer to all his problems. >> he saw an opportunity to steal money from his friend, and he took it. >> tell me about the sam incident and what you did. >> i told him that i needed to move some stuff from the theatre. >> where it happened? the scene of the crime. the liberty theater the los alamitos air base, back behind stage, up the stairs into the rafters in a real quiet dark place. >> i went upstairs and then said we'll need to move something from the attic. >> and? >> i said, "you need to bend down and help me lift this thing up," and when he bent down i grabbed the gun, and i shot him. >> how many times? >> i shot him once and then he was still alive. >> where did you shoot him at? >> the back of the head as he was kneeling down.

>> uh-huh. and then the second time. >> the second time he was down, he was still talking, saying "i >> what did he say to you? >> i need help, something hit me. >> uh-huh. and then what did you do? >> i reloaded and fired again. >> that's the utmost evil. he made no hesitation and went ahead and pulled the trigger on a second shot into sam's head. >> and then what comes after that is even more horrifying. >> if you go up the ladder from the theatre, his head and hands have been decapitated, as well as his arm. >> and i had turned to somebody and said, "did i just hear what i think i heard?" >> we had to take a big moment of silence just not realizing what he just told us, that he actually chopped up his body. >> are the body parts there? >> no. >> where are they? >> the nature center in el dorado park. >> what was going on in your mind when you were dismembering the body?

dismembering sam's body? >> i was actually smiling and laughing. >> he's laughing and smiling as he cuts off the head of this fine young man who bravely served his country so that he can go on a honeymoon? it's evil. absolutely, it's evil. >> somebody called, said, "steve, before you find out on the tv, sam was dismembered. sam was dismembered." and that's when i lost it. i -- you know, obscenities were flowing out. anger. anger. anger. >> and then i panicked right after that is when i went to wesley and then took the money out of his account. the max that i got was $400. >> how did he get sam's pin number? he was a close friend. police say he just looked over his shoulder. >> the idea that dan's going to make daily $400 withdrawals from the atm thinking that nobody's ever going to notice that. i mean, it's kind of like, clearly no ticket to reality

about what the rest of us are seeing. >> you took the -- the atm card from him? >> i took his wallet. i had his wallet. i had his passport -- >> where, where is the wallet and the passport at? >> in the bag, that i told my brother to destroy. >> now tim, being not exactly a criminal mastermind, tim was supposed to get rid of this, okay? and instead what he did, he threw it over a fence at his parents' house, as in like out of sight, out of mind, and that's how tim dealt with it. >> the backpack itself, you know, that was -- that was huge. >> it's sam's missing passport, sam's bloody clothes, two shell casings from the murder of julie kibuishi. it's everything that a detective or prosecutor could ever want to prove a case. >> one of the most diabolical and horrendous things about this case is it's bad enough that he killed his friend, sam, who was his neighbor, but then he kills this poor, sweet, innocent girl julie as a decoy just to throw police off his trail.

>> i got her into the apartment on false pretexts. >> how did you do that? >> i got sam's cell phone and was text messaging her while i was at the theatre. >> what, what did you say to julie? >> i opened the door, i let us in. and then said, oh, by the way, did you see this in sam's bed? she's like, "what?" i was like, "read, lean over look at it right there." when she was leaned over i put two bullets in the back of her head. >> why did you feel you had to kill julie? >> seriously to cover up sam and so -- >> well, why, how would that cover up sam? >> to make it look like he was on the run, and he did it. >> his plan is to make sam herr look like not only just a killer, but a rapist and a crook. his tooy his memory and destroy his reputation. >> your motive behind killing sam was? >> money and insanity. >> money and insanity, okay. >> he has a maniacal laugh in

there. and if you look at the very end of the play "nine," he has the exact same maniacal laugh. >> some of the public will look at that tape and say, "okay, clearly he's insane." >> definition of legal insanity, >> definition of legal insanity, >> definition of legal insanity, >> definition of legal insanity, they need to be so insane and so crazy that they don't understand the nature and quality of their actions. >> they don't know right and wrong. >> they don't know right and wrong. there's nothing wrong with daniel wozniak's head. it's his heart that is screwed up. >> the search continues here in a heavily wooded area of this park. >> there are dozens and dozens of people scouring the grounds trying to find the body parts. it is surreal. >> we had search teams broken up into different quadrants. some went out this way, some went back here, some went in this part of the park. >> i transported them inside the backpack. i got plastic bags from mimi's cafe, put them in the backpack. >> was he able to just walk in

here with a backpack full of body parts? >> he came in with just plastic trash bags and then kind of dug shallow holes and covered them with leaves in the debris that you see around. >> what made it even more tragic is they're searching for his body on the day he would've turned 27 years old. >> okay, it's his birthday. and i remember waking up and thinking, i'm hoping, i'm praying they find my son's head. who can write a script on that? >> this is heartbreaking. sam's body was so unrecognizable that the only way they could identify it was through love. he had a tattoo on his chest. >> it was a heart and a rose, and it just said, "mom and dad," in there. so it signified that "i love you." >> right on his chest? >> right. big, very big.

>> dan essentially killed two people and he's performing on stage that night. ♪ there's only one of me >> singing in a musical. no sense of these horrible crimes he committed. the show just went on as usual. >> he has no empathy. he has no conscience. that his ability to do these things and continue on in life tell you how depraved he really is. >> incredibly there's another plot twist in this case. police get an unexpected phone call. it leaves police wondering, could he have really done it alone? alone? >> why don't you tell me why you ♪"stay awake" by julie andrews♪ ♪stay awake don't rest your head♪ ♪while the moon drifts in the skies♪ ♪stay awake don't close your eyes♪

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>> crews used cadaver dogs to search for body parts. police say the body parts belong to samuel herr, the 26-year-old shot and killed in the attic of a theater. >> the reaction in the community was just shock and disbelief. >> police were called -- >> a gunshot wound to her head.

>> if we just think about why and ask the questions why, every day that's just going to tear us all apart. >> this was a cold, calculated, methodical murder times two. >> what makes this so unbelievable is daniel wozniak, how he reacts. he's killed two people. he's dismembered and decapitated one of them and yet, he's at the wrap party and he's having a great time and he's smiling and laughing. >> dan was normal. all the girls were singing karaoke in the living room. and a majority of the time, me and dan were in the kitchen and we were drinking. >> with dan's arrest now public, everybody's coming forward to talk to the police, but the most interesting and important is a jazz musician named chris williams. >> chris had actually lent a sizeable amount of money to rachel and dan, and he wanted to

be repaid. he tells police that he actually goes to dan's apartment the very day that julie was murdered. >> he loans the money to daniel wozniak under a ruse that the money is coming from mafia people. >> he's there to pick up the money and dan introduces sam to chris as his brother and tells him, hey, we'll be right back. i'm gonna go get you your money. and dan and sam leave. >> imagine the scene. chris winds up being there for three hours with rachel buffett. he's talking to her. and she is online, looking for jobs at topless bars. >> a couple of hours later, dan comes back alone. chris can tell that dan is upset. >> daniel's kind of in this panicked state, very emotionally charged. he says the dynamic between rachel and daniel is just very

odd. he's just kind of almost hyperventilating, breathing heavy. >> he throws $400 in cash down and says, "here." and chris williams leaves the apartment. >> detectives believe she made up a guy in a black hat to make it seem like he could be the mystery killer and that she didn't tell them about a critical witness, chris williams. both of them potentially to protect dan. >> at this point, we want to know how come she didn't tell us about chris? three hours, and she deliberately left that out. >> it's very important that you be very honest with us. we've looked through many search warrants. we've looked through records, and some of the things we have very big questions on, okay? >> rachel, our stage actress, shows up in the interrogation room looking like a flower child

from the '60s, and she plays that role, while she's being bombarded by very difficult questions from some very serious homicide detectives. >> it's pretty important when there's a guy sitting in your living room talking to you for three hours. why don't you tell me why you forgot to tell me about this? >> because honestly, i was afraid that if you knew that chris had seen us that day, i don't know who chris knows, and i don't know if he knows anybody bad. >> this 23-year-old is dead, you forget to tell us about chris, about this money paid to chris? >> you can do what you want, i'm done with this. >> you're making stories up. >> her reason for not talking about chris williams was because she had some concern about the origin of the loan. >> i'm sorry. i've -- i really don't have any more information that i can think of to give you guys right now. >> your stories are very inconsistent. your stories have more holes than swiss cheese. you understand that?

>> throughout the interview, rachel was just flat. her arms are crossed, her head is down. she's trying not to show any emotion, until she can't anymore. >> i can see you shaking. i can see you shaking, and you're trying to hold it together. >> dude, my life is [ bleep ] up right now. >> look at me, rachel. rachel, look at me. look at me. >> what did he tell you, rachel? >> he didn't say anything about this. >> rachel sticks to her guns. she insists she knows nothing about this crime. >> did you help him plan this whole murder? >> no. >> you had nothing to do with this? >> i like sam and julie. >> detectives move to another tactic. they want to give her a voice stress test. >> rachel, this is detective cohen. he's going to explain to you what we're going do.

>> the voice stress analyzer, it's a microphone. it gives the operator an idea of whether or not the person is being truthful. >> did you plan the murder with dan? >> no. >> the entire testing process, she was very soft spoken. >> did you kill sam? >> no. >> her answers were very mumbled. >> did you kill julie? >> no. >> i felt that she was deceptive and not telling us the truth. >> the truth is, i did not know. i was not involved and that truth doesn't change. >> you've already did the test. the test has shown that you're deceptive. you can go back to your happy place and wiggle around and play your part as an actress. >> the one-time fiancee of the man accused of bru murdering two people is now also behind bars. >> rachel was charged with being

an accessory after the fact. essentially for misleading investigators by lying in an attempt to protect dan. >> you're talking about someone who is not just not providing information in connection with a murder investigation, but providing false information to help cover the suspect's tracks. >> i'm innocent. i didn't know until after he gave a full fledged confession to the police. the person i loved never really existed, and it was somebody pretending to be somebody they weren't. >> did you think it was even possible that something like this could have happened? your ex-fiance. >> yeah, i remember it being a long phone conversation when he was telling me everything. >> i had my dad's gun, fully loaded. i shot him two times in the back of the head. then i grabbed his credit cards and i grabbed wesley, and we took money out of his account. >> how was wesley involved? how did you get him involved? i just remember being quiet and just not having a response. just trying to take it all in.

i didn't know what to say. >> i shot her twice in the back of the head. wrote, "[ bleep ] you, she's yours," on the back. >> how can nobody hear the gun? >> it's almost like she's detached from all of this. and sometimes people get detached because they're sort of part of it in some form or fashion. there's no evidence to support that, but if you're an investigator, you may be thinking that. >> it is a bit odd. unfortunately, sometimes people view that as her being cold or unfeeling. >> but more important, what will the jury think? >> everyone was watching this case because of all of the twists and turns in this story. >> dan and rachel finally go on trial and point their fingers at each other. >> dan wozniak is a monster. he's psychopath. he's a pathological liar. he lies to rachel. >> she doesn't tell him the truth. there is no loan shark.

>> that jury trial was the real performance of his life. you know, he's smiling at everybody like he's the star of everybody like he's the star of his own play. was onence about changing from a manual to an electric toothbrush. but my hygienist said going electric could lead to way cleaner teeth. she said, get the one inspired by dentists, with a round brush head. go pro with oral-b. oral-b's gentle rounded brush head removes more plaque along the gum line. for cleaner teeth and healthier gums. and unlike sonicare, oral-b is the first electric toothbrush brand accepted by the ada for its effectiveness and safety. what an amazing clean! i'll only use an oral-b! oral-b. brush like a pro.

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>> it took us five years to bring the daniel wozniak case to trial. >> he's confessed. >> it was all just about the money. that was it. >> they have a bag with all the key items from the murder, and he pleads not guilty. >> it should be a slam dunk. but then dan goes on "msnbc lockup" and denies he had any involvement in it. >> they were saying that i shot both of them and decapitated one of them. it's not true. >> he's carrying a bible, you know "i never could have committed these crimes." in other words, he's acting, he's back on stage again. >> and so what should've been an easy case with a confession dragged on for years. >> the courtroom was packed. daniel was there walking in, looking downright chipper

sometimes like he almost enjoying being on stage. >> there are searches on google, "making sure a body is not found. how to hide a body. quick ways to kill people." >> in the initial phase of trial, the defense put up no arguments. >> will the defense be making an opening? >> they did not call anybody to the stand. it went very quickly with the prosecution just laying out its case. >> tim, dan's brother, who threw that backpack over the fence to hide it, he testified against dan and got probation. >> they had all the pieces to convict him. easy case. >> we the jury find the defendant, daniel patrick wozniak, guilty of the crime of murder in the first degree. >> this trial was not about whether or not he was guilty. he was guilty. >> but this jury is not through. they have another big decision to make. does dan wozniak deserve to die? >> in the penalty phase of the trial, daniel's defense lawyer tried to paint a picture that he had actually been influenced by his diabolical fiancee rachel

buffett, who basically used him as a puppet for her will. >> the truth is, his world revolves around rachel. so rachel's part of it. it will never be an excuse, but it will be part of the set of circumstances as you think about, "is he that worst of the worst that he just has be executed?" >> there is no evidence at all that rachel manipulated daniel wozniak. he was absolutely acting on his own. >> matt murphy goes full righteous prosecutor and asks the jury to do justice for sam and julie. to punish the man who not only killed them but desecrated them. >> danny wozniak treated him like trash. he treated julie like trash. so the question that i ask you to answer, in your verdicts, are they? >> daniel's lawyer had argued that he should be spared the death penalty, and while in prison he had reformed and was helping other prisoners. >> he has it in him, and he's going to make a difference.

is that a mitigating factor to you that warrants life? i hope so. >> even after someone's found guilty, death penalty's a weighty decision. >> it's very different, when you are the one sitting there almost literally pulling the trigger. >> what was the deciding factor for you? >> steve herr. the rage, the anger that he had on that stand during the penalty phase, that was just overwhelming. when they showed the photograph of the funeral for sam. >> yeah, his life was real to you. >> absolutely, mrs. kibuishi, you know, when she's talking about her daughter being a dancer and i'm thinking about my daughters. the next thing i remember i'm sitting in my car and i'm sobbing over that testimony. >> if there is a time for a death penalty -- >> this was it. >> it was not only beyond reasonable doubt, it was beyond any doubt at all. >> the jury came back very quickly, as a matter of fact, in under an hour. >> which was the fastest death penalty verdict in the history of orange county. >> we the jury determine that the penalty to be imposed upon

defendant daniel patrick wozniak to be death. >> con picture two murders -- >> tears and anger. >> today it was the chance for the victims to be heard. >> you, dan, are a coward. >> there were several army buddies of sam who stood there in support of sam and of his parents. >> my only regret that this state won't let me kill this coward myself. >> when june kibuishi finally had the chance to address dan, it was very emotional. >> you took my daughter's, beautiful, caring, loving daughter's precious life to cover up your heinous and planned crime did i ever see any remorse? no. not even once.

>> two years later, finally rachel buffet goes to trial for her participation in the case, and the cameras are right back in the courtroom. >> rachel buffett is charged with lying to the police with the requisite knowledge and intent. >> dan wozniak is a monster. he's a psychopath and he's a pathological liar. the reason he lied to her is because he did not feel worthy of her. >> the big question at her trial was, did she help daniel wozniak get away with the murders, or did she actually help police to solve the crimes? >> she got him to confess on a recorded phone call. >> when i took him up into the attic, i shot him two times in the head. >> david medina she contacted costa mesa pd voluntarily. if she wanted to protect daniel wozniak, why did she do all that? >> the two things there are no innocent explanation for.

she echoed that story about the man in the black hat, and she clearly, very clearly did not want to the police to know about the existence of chris williams. >> the jury found rachel buffet guilty of two counts of being an accessory after the fact. she was sentenced to 32 months in jail. >> i think there was shock on behalf of rachel and her family. i do not think that they were expecting that verdict. >> rachel wanted to express her feelings of apology for causing them any pain to the families. she wishes she had never met daniel wozniak. >> these two families, they believe they have finally gotten justice, guess what?

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>> you can only imagine what it's been like for these two families. the absolute hell they've been through all these years, but they believed they finally got justice. guess what? they're dealt one more horrific blow. d stabbed it in the heart of all these crime victims standing here today. >> california's new governor, gavin newsom, instituted a moratorium on the death penalty, meaning the more than 700 inmates who are on death row are not facing execution at this point, including daniel wozniak. >> you want anger? you want resentment? you got it.

>> the herrs have been devastated by the new moratorium on the death penalty. >> he's re-opened old wounds, and he created new ones as well, all for his feelings. that's not right, that's not justice. >> i tell all my kids, be nice person. kind to other people. and if they need help, you should help. but that just took my daughter's life. and that just killed me. just -- >> the irony is here's sam, a war vet, a hero, survives afghanistan, and then comes home to one of the safest places on earth and is murdered. >> you still go to the grave? >> every week. we go there.

we bring chairs. i bring the newspaper. and then often i'll take a 10 or 15 minute nap. very peaceful. makes me feel good. the only time we talk is when i say, "bye, see you next week. we love ya." yeah. >> so incredibly moving watching the parents. >> their strength and resilience. that is "20/20" tonight. i'm david muir sbrnchts i'm amy robach. for all of us at abc news, good night. >> good night. developing news in virginia beach where a dozen people have been kill canned. >>