because we wanted to find sam. >> reporter: in a cold, matter- of-fact tone, wozniak told detectives where to find sam, at least pieces of him. after shooting the war hero, wozniak dismembered him with an ax and saw and then tossed some of the body parts across this park, not even bothering to bury them. >> i was in shock. and then, to hear the grizzly part of the dismemberment and then discarding the body parts in the park and then his just overall attitude was just chilling for me. >> they said, "steve, we've got to come over. we've got to see you." they pulled up, and they came in, and they said, "sam was murdered." >> that's when i ran upstairs to the room, and i lost it. >> reporter: the detectives didn't tell the grieving parents the grisly details of their son's murder until the next day. >> they called me up and said,

"steve, before you find out by the news, sam was dismembered." that... that's when i just went off the end, deep end. i was angry. i was angry. >> reporter: the police were able to find all of sam's body parts except his hand and head. >> the next day, the saturday, was his birthday, and i was praying for them to find sam's head. a father has to pray on his son's birthday that they find his head. go ahead and tell me how i feel. >> reporter: sam's head was found in the park under scattered leaves on his 27th birthday. his hand was never found. >> it is beyond ghoulish. if there's a word in the english language that sums that up, i don't know what it is. >> reporter: sam herr was given

a hero's burial with full military honors. his alleged killer, daniel wozniak, was immediately charged with two counts of first-degree murder. daniel's brother, tim, and rachel buffett would also be arrested not for murder but as accessories after the fact-- tim for hiding that backpack; and rachel, cops say she lied to them... >> is that your true name, mr. wozniak? >> reporter: ...either to protect daniel or to cover her own tracks. >> we always felt rachel was a part of this. she was living with him. >> reporter: do you think that rachel was involved in this from the beginning? >> yes. yes, that she knew about it. she knew about it before this happened. >> i absolutely feel like i was duped by dan. >> reporter: while awaiting trial, rachel-- by then, out on bail-- made that appearance on "dr. phil," telling everyone she didn't know a thing. >> did you know that he had any involvement in these murders at all?

>> not until after the police did. >> reporter: steve herr was not about to let rachel buffett go on national tv without confronting her. >> i was aghast when i get a call saying you're going on tv. my son is dead. he was cut up into pieces, and you to come on here and... and go on the tv stations, "poor me," that offends me. >> i understand. and maybe i made a bad judgment call by coming on here, but i didn't come out when everything first happened and said, "oh, look at this horrible situation. i'm the victim." you know, you didn't see me selling my story to hollywood to make a movie. >> not yet. >> reporter: no hollywood version could be worse than what you're about to hear. coming up... ...you'll see the killer describing how and why he did it.

♪

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would you put people in jail for performing abortions? at some point doctors performing abortions i think would be subject to that sort of penalty. dscc is responsible for the content of this advertising.

>> hi. my name is dan wozniak. i'll be playing the role of john davidson, orange county...

>> reporter: this is the face daniel wozniak presented to the world... >> goddamn! i'll just say orange county. >> reporter: ...a happy, fun- loving actor... >> yay! >> reporter: ...hamming it up alongside fiancée rachel buffet. a real nice guy. but that is not who he is, says prosecutor matt murphy. so, what's the real face of daniel wozniak? >> the real face of daniel wozniak is dark and manipulative and flat-out evil. >> reporter: a man so evil, he planned and executed two savage murders. why? to pay for his honeymoon. >> reporter: desperate to impress his bride, the groom-to- be set his sights on friend and neighbor, sam herr, who he knew had saved all that money as a soldier. >> who would've known that because he had built up a certain amount of money that that was going to cost him his life? had i... had i known that, i would've had him spend all his

money and be penniless. he'd still be alive. >> reporter: wozniak told the police that he lured sam to the attic of this theatre pretending he needed help moving something. sam being sam obliged, says mom raquel. >> he loved to help people, but he also was very naive. he just trusted people. >> reporter: he trusted wozniak enough to turn his back on him. that's when the actor shot him. >> reporter: wozniak stole sam's phone and credit cards, then left his body in the attic, then-- unbelievably-- performed his starring role in "nine" that night. kara kessener was the stage manager. how did he seem? >> he seemed just like any other day.

he seemed fine. he did a great job. >> ( singing ) >> reporter: this is the actual performance. castmate deborah kennedy: >> i remember getting goosebumps and going, "yeah, daniel, nail it." >> reporter: it was that good? >> yeah. >> ( singing ) ( applause ) >> reporter: after the performance-- by then, about 10:30 p.m. on friday night-- daniel and rachel returned to their apartment. then, he turned to covering up his crime, texting julie on sam's phone, pretending to be sam. >> that just kind of killed me when i found out that, you know, that she thought it was sam that was texting her. and, of course, she was the one, the first one to go and help him. >> reporter: julie, wearing the tiara she was to wear in her brother's wedding, went to sam's around midnight. daniel appeared, unlocked the door.

she followed him in. >> reporter: he led her into the bedroom. >> reporter: he then wrote "all yours, 'eff' you," and cut her pants off. >> he wanted to set up sam. he wanted to make sam look like a rapist and a killer so the police would be looking for him. >> reporter: why? >> because the man has no heart and he has no soul, and he loved the idea of how clever he was. >> reporter: his murderous plot didn't end there. the next morning, saturday, he returned to the theatre where sam lay dead and began the devil's work of hacking his body apart, an act he tells the detectives he found funny.

>> how tragic was this murder plot? a greedy groom, the pursuit of ill-gotten gain, dismembers a young man and discards him like a piece of garbage. >> reporter: the prosecution deemed the crime so heinous, it warranted the death penalty. but wozniak's defense team was not rolling over. in spite of his confession to police, wozniak pleaded not guilty. incredibly, it would take five and a half years to go to trial. >> no victim's family should have to be put through that. none. >> they're in contempt of court, from my perspective. >> reporter: the families blame defense attorney scott sanders for filing numerous motions accusing prosecutors and the sheriff of misusing informants to elicit damning evidence against his clients... >> you've got an informant. he's talking. >> reporter: ...even though prosecutor matt murphy told the court he was not going to present evidence from any informant at wozniak's trial. while the families waited,

daniel wozniak made the most of his newfound celebrity... >> i want people to know that i'm a good guy. >> reporter: ...appearing on the show "lockup." >> i enjoy long walks on the beach. i'm an aries. ( laughs ) >> for five-and-a-half years, i have watched that man come into court wearing an orange jumpsuit, bounding in with a smile on his face like tigger the tiger. >> reporter: what is up with that smile? >> daniel wozniak's smile is a point of manipulation. you know, he gets things that way. >> reporter: do you feel like sam and julie have been forgotten in all... >> yes. >> reporter: ...of this? >> unless we mention their names, for five years, for over 100 hearings, their names are not mentioned. we've addressed the court a number of times. this case is about samuel herr and julie kibiushi. you've got to put their names. >> reporter: last december, finally, their names would be spoken. >> sam herr and julie kibuishi. daniel wozniak murdered them both, and, ladies and gentlemen, we are going to get to a penalty phase. >> reporter: daniel wozniak went

on trial for the double murder of julie kibuishi and sam herr. if found guilty, a jury could sentence him to die. not good enough for this prosecutor. >> the death penalty is not enough for daniel wozniak on this. for justice to be done in this case, personally, i'd prefer proof of hell. i'd prefer proof that there's... that there's something that is awaiting him after he dies. there are searches on google. >> reporter: matt murphy presented the evidence, painting a chilling portrait of a killer with no conscience. >> "how to hide a body," "quick ways to kill people," and sandals resorts. this is a guy who's planning to murder two human beings so he can have an awesome honeymoon down in... in mexico. >> reporter: then, there was the physical evidence: the gun he stole from his own father to kill his victims and that backpack jammed with evidence. >> now, from a forensic, cold, sterile analysis of evidence, it doesn't get any better than that for a jury. >> reporter: the prosecution put

on 23 witnesses over four days, including wesley freilich, who was arrested but never charged for his role in daniel wozniak's scheme. what was it like to see daniel in court? >> disturbing. he was smiling at me. the man that murdered two people just sat there and just gave you this little... just, like, this, like, acknowledged little smirk. just... >> i think this is daniel wozniak, the play, you know? it's just this continuation of him being on stage. >> reporter: the defense declined to put on any witnesses. after a five-day trial, daniel wozniak's fate was in the hands of the jury.

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>> reporter: steve herr knows that nothing can bring his son, sam, back. >> he is gone. i want justice now. i'll grieve for the rest of my life, but... but it doesn't run my life.

the justice for it runs my life. >> and has the jury reached a unanimous verdict? >> yes. >> reporter: after waiting five and a half years... >> the people of the state of california plaintiff vs. daniel patrick wozniak. >> reporter: ...it takes the jury just two hours to reach a decision. >> we, the jury in the above entitled action, find the defendant, daniel patrick wozniak, guilty of the crime of... >> reporter: daniel wozniak sits emotionless as a jury finds him guilty of murdering sam herr and julie kibuishi, a verdict that is a relief. but it's not enough for the herr and kibuishi families. >> what he did to sam-- and then, of course, what he did to julie-- it warrants the death penalty. the quicker, the better. >> reporter: just two weeks later, the same jurors are back in the same courtroom for what's called the penalty phase. they will have to determine whether wozniak should be given life in prison or be sentenced to death. prosecutor matt murphy, who has

tried seven other death penalty cases in his career, says his strategy is simple. >> it is: get kibuishis and the herrs on the witness stand so that the jury can understand their pain. ladies and gentlemen, he knew that sam and julie were loved. now, you get to think about those people, and you get to think about those moms and what they have gone through. and you get to assign a weight to that. and that's the beautiful thing about a penalty phase, because it's not his show anymore. it is sam and julie's show. and it's about the families now. it's not about him. >> reporter: six people testify on behalf of sam and julie, but not one of wozniak's family members ever showed up to support him. the only one to speak about wozniak's character is a convicted felon, a friend he made in jail. >> by all accounts and everything that we did in the investigation, he has very nice parents, and that might be why they're not here. they're nice people. they gave him every possible advantage, which, to a certain extent, is one of the things that makes this case so heinous.

>> when you're making a determination about death... >> reporter: wozniak's defense attorney, scott sanders, tries to shift blame to rachel buffett, wozniak's former fiancée. but, remember, she's not been charged with committing or planning the murders, just as an accessory after the fact. >> you'll see very soon, she's the smarter of the two by far. >> their strategy is: try to get as much attention away from daniel wozniak and what he did. >> reporter: pin it on rachel as much as they can. >> yeah. they need a villain. >> reporter: it takes a week before the case goes again to the jury. matt murphy recalls what he was feeling at that moment. are you optimistic? >> oh, gosh. no. i.... they call it p.a.p.v. psychosis. >> reporter: what is that? >> post argument, pre-verdict psychosis. every prosecutor turns into woody allen underneath their skin when a jury is out. everybody is neurotic, and they're self-doubting and self- loathing. you're terrified that you did

something to screw it up. >> reporter: to everyone's surprise, the jury comes back quickly, in just a little over an hour. >> we, the jury in the above entitled action, determine that the penalty to be imposed upon defendant daniel patrick wozniak to be death. >> it's been a long five and a half years we kind of waited for this day. >> reporter: and it wasn't over yet. before the judge could formally sentence wozniak, sanders demanded more time to explore the informant issue and argue against the death penalty. >> good afternoon. >> reporter: it would take eight more months before the families finally got their chance to address the court and the man who murdered their children. steve herr stood surrounded by combat veterans who had served with sam. >> you, dan, are a coward and a poster boy for the need of the effective death penalty in california.

my only regret? that this state won't let me kill this coward myself. thank you. >> reporter: next, it was julie's mother's turn. >> you took her precious life, and then you disgraced her. why? what did she do to you? how could you do anything like that to my baby? >> reporter: judge conley then turned to daniel wozniak and read his decision. >> it is the order of this court that you shall suffer the death penalty. >> reporter: the trial of daniel wozniak finally ends, but the feelings of loss only deepen. >> this is her sheet. i can still scent... ( crying )

>> reporter: what do you miss? >> i miss my boy. it's an honor to be a father. it's the best thing in the world. >> reporter: forever the herr and kibuishi families will be linked, always remembering, never forgetting their beautiful children, sam and julie. captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org >> a new season, two cold cases. a young mother vanishes. one year later, an accidental butt dial to 911. will it solve the mystery of what happened to shelly? a model, married to a millionaire.

>> i slit her throat. >> the clues, this sketch and this letter.

>> ♪ >> live from the cbs broadcast center in philadelphia, this is cbs3 "eyewitness news". >> if there's ever a time to pray,. >> developing tonight a tragedy in california. two police officers are shot and killed. one a new mother who just returned to the force. the other is 35 year veteran of the department who planned to he retire in just months. good evening, i'm greg argos. natasha brown is off tonight n our top story another officer was wounded. we're told he's alert and talking in the hospital. "eyewitness news" reporter trang do is tracking its developments in the cbs sat center. trang, how did this unfolds. >> greg the started when officers responded to a

domestic disturbance call. a man refused to come out of the house and opened fire on three officers who tried speaking to him. eight hours later police are still surrounding the house believing the shooter may still be inside. >> i have -- i'm -- i am awake in a nightmare right now. >> his voice shaking palm springs police chief brian reyes shares the awful news saturday. >> palm springs lost two brave officers. they go out every day and put their boots on the ground for everybody in this community. they gave it all for you. >> it started just afternoon with a 911 call from a woman who says her adult son was causing a disturbance. chief reyes says officers arrived at the home and tried to reason with the man. >> the officers were at the front door trying to negotiate with the suspect to just comply. it was a simple family disturbance and he elected to

open fire on a few of the guardians of the city. >> three officers were shot two died from their injuries. officer josé gilbe. o was a 35 year veteran of the police department. >> he qualified for he retirement five years ago. here he is 35 years in pushing a patrol car for our community to make it better on a day he wasn't even and scheduled to work. >> the female officer was 27 years old. her child is just four monthsed. >> here you have a wonderful young dedicated female officer that pressed forward every day to make it better for everybody else. and she gave herly. >> police are not releasing the identity of the officer who was hurt nor are they releasing information about

there suspect but chief reyes says the man has had previous run ins with the law. for now we're live in the sat center, i'm trang do, cbs3 "eyewitness news" trang thanks so much. turning to our other major story. hurricane matthew which is blamed for 10 deaths in the united states. at last update a category one storm with sustained winds of more than 75 miles per hour. but make no mistake, right now in the carolinas this deadly system is still packing a serious punch. >> this is a very, very serious and deadly storm. >> north carolina governor not mincing words as hurricane matthew charges north up the carolinas. >> from raleigh all the way east, stay off the roads. stay in your house. watch the football games on tv. bunker up. >> matthew made landfall around 11 o'clock saturday morning between mirror tell beach and charleston. in myrtle beach the storm swept a pier out to he sea.

wind damage and massive flooding battered south carolina and georgia. meanwhile south carolina's 300,000 vac he what wases are urged to stay away by their governor nick he key haley. >> most injuries, most fatalities occur after a storm. because people attempt to move in too soon. do not plan on going back home today or tomorrow. >> the hurricane center reporting matthew could dump 15-inches of rain before moving away from the atlantic cost sunday morning. >> you can't let yourself think about it too hard because then you'd crack up. >> all the while further south floridians are beginning to assess and clean up the damage there where math through is blamed for killing four people. >> it's unbelievable. it's -- mother nature has something against us. >> as matthew churns up the coast meteorologist lauren casey is track where did you go it's expected to head next.

lauren. >> thanks greg. unbelievably matthew reaching hurricane status and it's still a category one hurricane as of the latest advisory from the national hurricane center. it made landfall earlier this morning. now winds at 75 miles per hour movement off to the east-northeast at 14 miles per hour. the center of circulation is going to move off shore so good news fortunes as -- but still copious amounts of rainfall falling across parts of eastern north carolina. flooding events ongoing in virginia as we saw in the last package and just incredible rainfall amounts across portions of south carolina, north carolina and now starting to pile up in virginia as well. north carolina over the last 48 hours picking up nearly 15-inches of rain and that is a primary threat going forward

over the next 24 to 36 hours. but we're still seeing gusty conditions at some of these sites along the carolina and virginia coastline. we'll talk more about matthew and the indirect impact from matthew in the delaware valley in your forecast coming up. >> thanks lauren. the clock is ticking towards election day. and just 30 days americans will choose a new president. tonight donald trump finds him snell a storm of trouble just a day before the second presidential debate. his vulgar comments about women are drawing criticism from all corners even among republicans whose support could be critical. cbs news correspondent weijia jiang has the latest. >> reporter: one day after an explosive and vulgar recording surfaced. >> i moved on her and i failed. i'll admit. i did try and (bleep) her. she was married. >> reporter: reaction to the 2005 tape has been fierce even from his own inner circles.

running mate mike pence says he could not condone or defend trump's remarks. >> hey everybody. >> reporter: house speaker paul ryan disinvited tram today's republican rally and said he was sickened by his comments. >> i meant what i said and it's still how i feel. >> reporter: john mccain joined growing list of congressional republicans withdrawing support. some are going farther demanding that trump drop out of the race. trump says he'll never do that but he made a rare apology in this video posted on social media. >> i said it. i was wrong. and i apologize. >> reporter: trump will have to answer to voters on sunday night when he he faces off with hillary clinton in their second presidential debate here at washington university. >> this requires a level of humility. >> reporter: dr. fields is an expert on political rhetoric. he says clinton should leave the scandal al flown select say anything or add anything to it that's going to make it worse. and what she has to do is to

avoid anything that suggests she's sorter of paraphrasing what he said. >> reporter: the debate will follow a town hall style format featuring questions from voters in there audience. weijia jiang for cbs3 "eyewitness news." >> pennsylvania continues to be a critical battleground state in the presidential race. senator bernie sanders is the latest big name to hit the campaign trail for hillary clinton. he rallied democrats in south philadelphia this afternoon. "eyewitness news" reporter alexandria hoff was there. >> thank you philadelphia. >> reporter: while campaigning for hillary clinton and katie mcginty in south philadelphia today, senator bernie sanders did not mince words when it came to his thoughts on the release of the 2005 tape that captured derogatory language regarding women spoken by republican presidential nominee donald trump. >> i think he you got a spoiled brat. i think you got a person who grew up very, very well three who thinks that he is entitled to do anything they want. >>e