tv Dateline Extra MSNBC October 27, 2019 9:00pm-10:00pm PDT
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anniversary since the deadly shooting in pittsburgh. mourners gathered to remember the 11 lives lost in that tragic atta attack. now back to "dateline." welcome back to "dateline extra." detectives were zeroing in on two men in the murder investigation. brandy's estranged husband josh >> i got a phone call. and his buddy sere yus "somethin' is wrong with brandy. underwood. there was not enough evidence to she's not movin, car's running." emergency vehicles, officers -- make an arrest just yet and then a long distance phone call came that's as far as i could go. in and the information they were there's my baby and i can't do about b to get would be a game changer. once again, here's dennis nothin' about it. murphy. >> reporter: she was a hard-working young wife and mom. >> >> reporter: investigators were pretty sure they had the right >> sweetest girl you could ever guys for brandy daniels' murder. ask to meet. they'd learned a lot about just >> reporter: just minutes from how awful her marriage to josh home when she saw the headlights. >> somebody was tailin' her. was. >> my sister is in the driveway
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and her head is bloody. >> reporter: so you bury your girl. and then it's a murder cops found a 911 call brandy had investigation. >> yep. >> reporter: there were two people brandy feared. one in town. made six months before her >> she thought she was being murder. followed. >> reporter: one thousands of >> zanesville police and fire. miles away. >> i'm in a abusive relationship. and i'm afraid to >> josh was still in alaska. go home. and um -- tell my husband that i >> reporter: and then there was want to leave but he won't let the new man in her life. me. >> anybody close to brandy, we need to take a real hard, serious look at. >> reporter: no fingerprints. no dna. and no arrests, for years. and it gets physical. >> reporter: brandy didn't >> reporter: you're grieving, how do you put all that awful time together, molly? request a deputy that night but >> day by day. she did file a restraining order against josh when she left him. >> reporter: then hints emerge of someone's dark past. cops knew josh's buddy from the gym, sirius, was likely involved in the murder, but they just >> you've got robberies going couldn't tie the two of them on, the homicide. >> reporter: and one brave woman willing to talk. together despite some suspicious >> he told me the same that happened to brandy would happen phone traffic between the pair. to me. >> reporter: the question wasn't an additional difficulty in the just who murdered a young mother. investigation was the fact that it was why? >> there was no money. there just wasn't a reason to do josh was still living in alaska, it.
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about as far away as you could get from ohio and still be in >> she didn't hurt nobody. she didn't bother nobody, why did they have to kill her? the same country. josh daniels was here starting 25-year-old brandy daniels had left work and driving when she his new chapter, living in wasilla about an hour outside of anchorage with his mother and got the eerie feeling that step-father. someone was following her or keeping tabs on him from thousands of miles away were the zanesville police, and they were seeing some patterns. when he wasn't working a job in could she have been imagining the north slope oil fields, he was partying, pumping iron and chasing women. things. sadly, brandy's hunch proved to back in zanesville, meanwhile, the cops kept the pressure up on the person they did have in their zip code, sirius underwood. the detectives were all over his be right. girlfriend wendy. she was is found slumped over in her r car shot dead before she >> every time that i had a made it home. but why would anyone want to little spat or whatever i was kill the young mother? investigators spent years trying frustrated or disgusted with to answer that question sirius/they would always show searching for a motive and a up, again, "just wondered if maybe you remembered something." >> trying to find you at a vulnerable moment -- kill er. here's dennis murphy >> yes, yes and -- like, "i've already told you every single thing, and it's never going to change. if you don't lie, you don't have >> reporter: it was a chillier to cover a lie." >> reporter: brandy's mother was than usual monday night in may, losing faith in cops ever making an arrest in the case of her daughter's brutal murder. as brandy daniels drove home >> are they saying, "trust us"? from her shift at kohl's. >> yeah. every time we'd hear somethin', zanesville in eastern ohio is we'd contact 'em. still need to get more evidence. the kind of not-too-big, not-too-small, city where you still need to get more evidence. >> reporter: but something was can be off the downtown grid and into wooded rolling hills in about to happen and it was just a few minutes. and out there in the dark, that's where this 25-year-old enormous. call it a good luck bolt from the land of the midnight sun: alaska was calling. single mom was heading -- back
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home to her daughter waiting to it was three months to the day after brandy's murder when the be tucked in at brandy's mom's ohio investigators got a phone house out in the country where call from up here in wasilla. she'd been living lately. brandy had been through a rough it was a woman on the line saying that she had been seeing few months, years really. but one of the big reason things josh daniels, and she had a story to tell the police, were finally turning around for something he had told her. her was that soothing voice on well, when detectives ryan and the cellphone this night, her hittle heard that, they were on fiance, talking her home. the plane to alaska within hours. the young woman explained she >> i'm just talkin' to her as and josh had been engaged at the she's driving home. trying to drive a stick shift, time of brandy's death. which she'd just learned, talkin' on the phone. but he had commitment issues. >> he lied all the time. he was dating multiple people at >> reporter: the fiance was craig berry, her older boyfriend. >> i'm a hairstylist, have been the same time. for years. >> reporter: she had the >> reporter: one day, brandy detectives undivided attention walked into craig's salon. as she related what an >> we hit it off. intoxicated josh told her on the >> reporter: women are very funny about who they will turn fourth of july. their head over to isn't it? >> and he told me -- the same that happened to brandy would >> yeah, we turned out to be really good friends. the most beautiful eyes you ever saw. >> reporter: like the song, brandy turned out to be a fine happen to me. >> did he say happened to brandy? >> he kill her. he kill her. >> he said, "i killed her--" girl for craig and that, right >> yes. away mutual attraction, grew into something more serious. yes. >> touched my heart. >> do you remember what his exact words were? immediately. >> he said that -- he killed it was connection like i've brandy with a phone call. never felt. and i believe everything he and -- it just kept gettin' said. bigger and bigger every time we talked.
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we were lookin' at houses. i believe that he killed her and >> reporter: you guys were i was so afraid. fixin' to marry? >> oh, yeah. >> did he say who -- killed yeah. brandy? >> he said it's a black guy at the gym that was in his group of people. >> reporter: count brandy's mom, >> reporter: it looked as though molly edwards, among the many the detectives were ready to put a bow on their investigation. people thrilled at the arrival take the blizzard of messages of craig in her life -- just when you needed something nice between the two men, mix in the geography of the cell phone to happen. craig, what did you think of towers that put a suspect burner him? phone tied to sirius right near >> he was really nice. he put her first. he put her first. the crime scene, and now add in the story of the woman from >> reporter: growing up, brandy wasn't much for barbie dolls but give her a sketch pad and a alaska who'd apparently heard a confession and you should be pencil and she was lost for ready to swear out arrest hours. warrants. not quite. when the detectives got back to she loved to draw. ohio their first stop was at the office of state's attorney mike she had a deft eye for realistic wildlife portraits. >> she took every kinda art class there was. if it had anything to do with haddox. >> and they come to you and say art, she took it. >> reporter: brandy enrolled at are we there yet? her local college, zane state, but before her freshman year was >> yes. >> and you're tellin' 'em, "no, you're not quite there." up she left school to marry josh >> yeah. daniels, a part-time student she'd met. not too long after, she had news
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for mom. >> she called me up said that i wanted to make sure that she was pregnant. >> reporter: you must have been so torn up. >> i was. that was my baby. >> reporter: brandy, husband josh, and the baby daughter were living nearby. >> you couldn't ask for a better mother. before we took the case to grand if it was somethin' that she jury that we had a motive. needed or the little girl needed, the baby got it first. >> reporter: and how did obviously, in the case of josh grandmother like her new baby? >> the baby got everything. yes, yes. daniels, the -- the husband, we >> reporter: the marriage after seven years of trying foundered. had a motive. marriage was breaking up. she filed for divorce. he'd been violent with her in >> reporter: she seemed to be on the past. the other side, molly, of a really rough patch in her life. >> but he was thousands of m -- >> yes. >> reporter: but on this may night as she was driving home from work, with fiance craig in miles away -- >> that's correct. >> in alaska at the time of the her ear, he heard brandy starting to sound edgy. killing. >> we knew he didn't pull the >> she says -- somebody was trigger. tailin' her. >> couldn't put the gun in his hand. >> when we came up with -- with you know, "these people need to get off my butt." sirius underwood. well, the most obvious is there's been some sort of a and the phone just -- went dead. >> reporter: went dead? >> i text her, you know? payment. "what's up?" so about ten minutes pass by, we spent about a year lookin' and i called her sister. and said, "is brandy home yet?" through bank accounts couldn't she goes, "no." find any. and i said, "well -- her call dropped on me and she shoulda been comin' in the door by now."
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she said, "you want me to go check?" >> reporter: almost two years went by and nothing. >> how do you put all that awful time together, molly? i said, "would 'ya?" >> reporter: brandy's kid-sister >> day by day. >> are you startin' to lose tess, headed up the almost half mile-long drive from her mom's house to look for her. >> just a few minutes later, her faith in your police? the investigation. >> it was stressful. mike ryan, he would call. sister calls me back and is -- i said, "have you heard losin' it. she was at the top of anything?" "oh, we still have to get some the driveway. and she says -- "i see her car. more - more evidence, more evidence." her headlights are on, but it's >> reporter: but it's funny how things sometime work out, not movin'. because the investgators were about to get another bolt out of the blue lead like the one from her head's slumped down." alaska. and then she just become it began with, of all things, a message to the facebook page of the zanesville p.d. hysterical. and i said, "i'll be there." the tipster had volunteered that her husband was part of a i said, "you need to call the cops." stick-up gang. >> we came in and spoke with her and obtained a lot of valuable information for this investigation. >> reporter: detective phil michel of the zanesville p.d. had been working for two years >> 911 your emergency? on a string of armed robberies. when got the facebook tipster in for an interview, guess who she identified as two members of the >> reporter: the muskingum robbery crew? none other than sirius underwood and josh daniels! county 911 center fielded the call. if the tipster could be believed: they'd been bandits >> my sister is in my driveway together two years before brandy would be found shot to death. the woman confirmed something detective michel had long suspected, but been unable to prove: that the robbery of a local department store had been and her head is bloody and she's an inside job. josh daniels had been working at not moving. i just need someone to come quick, please. i'm just scared i need someone to come now. [ crying ] >> stay on the line with me the store at the time and handed while i get the squad on the way. over seven thousand dollars to a >> reporter: fiance craig was on his way too. there was his girlfriend's little nissan sentra in the drive. >> i pull in right behind her masked gunman. car. and -- there's a sheriff there >> if we had been here on already. and i'm walkin' up to the car. january 1st, 2012, what might we have seen?
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and i see her in the -- driver's >> you can an individual come seat. from the southwest side of the and -- i said, "what's wrong?" parking lot -- he stuck the gun he goes, "i think she's been in josh's face -- >> shows a pistol. shot." >> reporter: nothing can prepare >> he ended up falling down. you for that, huh? being knocked down. >> reporter: the tipster claimed >> no. that josh wasn't the victim of she was dead. the robbery but actually one of that's what he told me. the participants. and, that his pal sirius had >> reporter: he told you that at been the mastermind not only of the scene? >> yeah, and "stay away. the department store job, but you don't wanna contaminate the -- crime scene." the prime mover in a crime >> reporter: no bridge ahead. wave -- responsible for multiple armed robberies -- most of them captured on surveillance video. the two bodybuilders' secret into the abyss. sideline was a head-snapping >> blew me outta the water. revelation. >> reporter: brandy's mom was just leaving the bottle factory where she worked. >> sirius underwood at night is over here robbin' drug dealers, >> 11:05, i got a phone call. and i went runnin' out to the or he's robbin' tumbleweed restaurants, or they're hittin', you know, gabrielle brothers. truck. tess said, "somethin' is wrong with brandy. but during the day, he's the sweetest guy, loves the women, they love him. he'll train with you. we get home. poster boy, just an all-around >> reporter: see emergency great american. vehicles, officers. >> we go right off into the >> reporter: the cops believed driveway. and that's as far as i could go. >> reporter: the car with the that linking sirius and his partner in crime josh daniels to driver side window down, the the violent robberies would help vehicle stalled in first gear, and brandy inside looking rag nail the two for brandy daniels' doll, shot three times execution murder. style. >> we're on the right track for the robberies. we're gonna go try to confront josh. the detectives were arriving.
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>> reporter: who'd want brandy dead? >> reporter: back to alaska. it's always the husband, right? when josh landed at anchorage maybe not this time. international on his way home from the north slope, airport >> josh was, in fact, still in police whisked him into their alaska that night. but there was someone who lived office. detective michel showed josh right in town. photographs of the department >> reporter: did you wonder what was goin' on with the boyfriend? story robbery suspects. >> have you ever seen him before, around the store, or anything like that? >> no. >> when "out there in the dark" continues. n "out there in the d continues. he end of a long day, >> reporter: detective michel it's the last thing i want to do. then handed josh another photo. >> you ever seen sirius well i switched to swiffer wet jet underwood? and its awesome. it's an all-in-one so it's ready to go when i am. >> yeah. the cleaning solution actually breaks down dirt and grime. i used to work with him. >> would you have talked to sirius that day would he have and the pad absorbs it deep inside. called you or texted you or so, it prevents streaks and haze better than my old mop. anything like that? plus, it's safe to use on all my floors, even wood. >> nh-uh. glad i got that off my chest >> not at all? >> no. and the day off my floor. >> reporter: really? try wet jet with a moneyback guarantee the cop accused josh of lying. of being up to his eyeballs in the robberies. >> so if you guys came up with some dumbass scheme to take some money, then be honest with me. >> no. >> reporter: josh stuck to his story. then lawyered up. the detectives flying home to ohio knew they had more work to do but in any conspiracy there's a weak link. they just had to pick their man and break him. >> reporter: coming up: who would crack first? >> we get the -- the phone call saying, "hey"-- >> "let's make a deal." >> "let's -- let's talk."
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what the scene would tell them. here again is dennis murphy >> reporter: it was may 5th, 2014. the car was at the head of the driveway. lights on and two county detectives arriving to try to figure out what had happened to the young woman dead in the drivers seat. detective mike ryan and captain steve welker in the first minutes of what would be a years long investigation. welcome back. >> mike and i arrived at about investigators were confident the same time. >> did the scene explain itself sirius underwood was who shot to you? brandy daniels, and despite living thousands of miles away >> we could see the basics of what had happened. in alaska, her estranged husband >> reporter: their victim brandy was involved in the plot to daniels had been shot three times at close range. crime scene techs would later kill. recover three shell casings and a clip for a semi-automatic pistol. brandy's purse and phone were it was a discovery of another beside her. series of crimes that gave them >> we eliminated robbery -- a motive. it brought them closer to almost immediately. there was an amount of money there that somebody woulda took arresting both men. here's dennis murphy with more. if it would've been a robbery. >> reporter: as the csi's took their photos and estimated >> a dogged investigation had bullet trajectories, gathered blood, dna, brandy's mom, sister, and fiancee watched on revealed that they were more than spotting each other reps.
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they were armed robbers in blank horror. >> what do you remember about together. detectives surmised that their the rest of that night? >> sittin' in -- in the vehicle victim must have known about behind her car. just watchin' it. sirius and her husband's parts >> and there's your girl, gone. >> there's my baby and i can't in the holdups. the kaes had achieved critical do nothin' about it. it was 2:00. mass. >> >> so what was the final green light for your investigators? when did they have it? went to the house. >> when we found that these two guys were criminal conspirators, 4:00, detectives came down to the house, said that they violent criminals in several removed her and the car. >> reporter: who would benefit robberies, there was our motive, and once i felt that we had the from a single mom's death? of course, the questioning turned quickly to the soon-to-be-divorced husband, the father of the little girl. brandy's mom told them about motive for sirius underwood to josh daniels. said he was a perrsonal trainer at the gym and an obsessive weighlifter. >> when you ran him through the be involved in this murder, we were a go. >> which is, josh's wife might be a risk for him. computer, what'd you find out about him? did he have priors? >> he did not. >> he was not on law >> that's correct. >> she might snitch him out. enforcement's radar. >> reporter: not on law enforcement's radar, but none the less, somebody they wanted to talk to right now. >> she might snitch him out. but, there was a problem, a big one. >> reporter: haddox convened a there was every reason to grand jury. assistant state's attorneys ron believe he wasn't in the welch and john litel would present the case. driveway that night but there would be a lot of 4,300 miles away in alaska. convoluted storytelling and
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josh had moved up there to be evidence for the jurors to follow. near his mom. >> you've got robberies going on, the homicide, the cell phone he'd found work in the prudo bay data, how you link all these oil fields. people up. you're going to have multiple snitches who are all going to be >> josh was, in fact, still in testifying, who all have their own issues. alaska that night. >> reporter: the grand jury sat for three months and heard more >> so that's a pretty good than 100 witnesses. alibi. >> yes. in march 2016, it returned >> because there's domestic indictments against josh daniels and sirius underwood. at the request of authorities in turmoil doesn't mean you'd necessarily have a suspect ohio, the alaska state troopers though, does it? >> --not necessarily. >> doesn't explain why she's located josh at his mother's home in wasilla. dead in this vehicle, huh? once ohio gave the green light >> but -- it's a good idea to to the troopers move on their eliminate the husband as a suspect in the get-go. >> reporter: detective ryan suspect, they did. called josh daniels on alaska's the cuffs went on without north slope. incident. >> can you discern things like a bulked up josh was put in the backseat of a cruiser and driven downtown. demeanor or attitude through the detective michel confronted phone line? >> not really. i wasn't -- detectin' shock or -- or grief, or anything like that. >> but nothing you can hang your him -- hat on either, huh? >> no. >> you been charged with several one of the questions i asked him counts, including the robberies was, "who have you been -- talkin' to here in zanesville?" that occurred at gabriel brothers, tumbleweed, the one and he gave me a list, about a that you were going to do at half a dozen -- people. >> reporter: daniels told the detective he'd return to zanesville as soon as he could. campbell's, and the murder of but there was another person much closer that the cops had to your soon-to-be ex-wife, brandy.
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>> reporter: josh was shown a figure out: craig berry, the fiancee. graphic crime scene photo of >> he is the last person known to have talked to her? >> yes. >> did you wonder what was goin' poor brandy. on with the boyfriend? >> this is what you are he's quite an older guy. he's got 20 years on your responsible for. victim, right? >> yes. this is what happened to your >> so he is a person of interest ex -- until he's not, i'm guessing, huh? >> well, at that point anybody close to brandy, we need to take i'm willing to talk to you to get your side of the story if you're willing to talk to me. >> i think you're a good investigator but i'm going to a real hard, serious look at. have an attorney. >> reporter: within hours of >> okay. >> we're gonna do that. >> that's fine, josh. >> reporter: meanwhile, back in brandy's death, craig got the zanesville, police surrounded third-degree. >> were they askin' you hard sirius underwood's car and arrested him. questions? >> "where have you been? what his interrogation didn't last are you doin'?" long. >> you know why you're here? >> did you think, "wow, they think i'm a suspect here?" >> tell me. >> okay, we've had a grand jury, >> oh, yeah. well, that's common, right. and you've been indicted. >> for what? >> until you're in it and then >> aggravated murder, aggravated robberies, attempted robberies, there's a cop right in your grill. weapon under disability, >> right. they asked for my cell phone. tampering with evidence, josh daniels was also arrested, and if josh is up there talking, i i handed it over right then. think it's the proper thing to >> how long did that last? tell you that you have the >> i got home at 5:30 that morning. opportunity to tell me too. >> reporter: then the legwork of would you like to talk to me about this? >> no, i want a lawyer. >> you want a lawyer? the investigation began in >> yeah. earnest. >> okay. starting with where she was last seen alive. >> reporter: josh waved >> so you're talkin' to your extradition, and was brought victim's coworkers. back to ohio. what's the picture comin' together there? brandy's mother got word at the end of her shift. >> they all described brandy as >> i get a phone call, you need a very good young lady. to get down here now. a devoted mother -- in -- a >> come to the courthouse. marriage that she really wanted to get out of. >> reporter: patrol officers >> josh is there doing his plea,
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traced the route from kohl's to the murder scene, hoping they'd and then they go over details find a security cam that that we weren't aware of. recorded brandy's car headed >> so it's got to bring all the home. pain right back again? >> yeah. >> the boyfriend's story is >> how did he look to you in that courtroom? >> not a care in the world. there's a guy right on her bumper. >> reporter: wendy was in the but that image doesn't show up courtroom as well. anywhere, huh? >> this is big news. >> no. >> reporter: when the lab sirius is charged. results came back: he's in jail. do you believe that he killed brandy daniels, that he shot her disappointment. to death on that road? >> no, no, i don't. no useful figerprints or dna. >> sirius had just so much going and the long slog of getting search warrants to recover data for him and he had worked so hard and i would just say why? what did he have to gain from from the cellphone and the towers the signals bounce off of, had only just begun. a few days after the murder doing something like that? >> reporter: over the next few brandy's husband josh returned months welch and litle prepared to zanesville from alaska. their cases. josh would be tried first, then they met him downtown at his sirius. they laid out their case on lawyer's office. index cards. he was fully cooperative. the motive was looking more complicated than ever. detectives asked for his cell in opening arguments, they would phone. >> he and his attorney -- have to explain to jurors just voluntarily turned it over. >> now you can look him in the eye, and you can check out his who these defendants are, sirius demeanor. the over-achieving charmer and what are you seeing? bad husband, josh who'd been >> josh was -- very cool and
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abusing anabolic steroids for collected. years. >> josh was roided out. he looked very confident. he was out of his mind using steroids sirius is a sociopath. whereas for josh it was a status >> a new suspect. of being enraged, and jealous, i was he telling the truth? think he still loved her, and the texts tell the tail. she was just done with him. >> reporter: josh sat behind bars for seven months. >> there's a window of opportunity where he could deprived of elephant doses of easily have done this crime. >> yes. steroids, his chemically yes enhanced muscles deflated like spent balloons. i took your advice they'd found their weak link. and asked my doctor to order cologuard, that noninvasive colon cancer >> we get the phone call from screening test. josh's defense attorney saying, the delivery guy just dropped it off. hey dennis murphy. our doctor says it uses advanced science. let's make a deal. >> let's -- let's talk." it's actually stool dna technology that >> the issue that we had is, you finds 92 percent of colon cancers. know, who do you make the deal with, the guy that had his wife killed, or the guy that shot her no prep, and private. point blank range in the face? colon cancer screening >> reporter: the states attorney agreed to a plea deal, but josh that's as easy as get, go, gone. daniels would have to tell all. >> i want to start off with the murder. >> who will get burned? ask your doctor if cologuard is right for you. coming up, one down, one to go. covered by medicare and most major insurers.
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>> reporter: brandy, the young mom, found shot to death in the front seat of her car in the family driveway. detectives put her fiance craig thru the wringer. but his story including about his last text to brandy checked out . >> within two or three days we were sure that he was cleared. >> reporter: but craig wasn't a total dead end. the fiance did have a tip for the detectives. he told them they should check out a fellow gym rat of josh daniels, a guy who gave brandy welcome back. the creeps, someone with an more than two years after brandy unusual first name, sirius. sirius e. underwood when they daniel was shot dead in her car, ran the name, investigators found a son of a local preacher, her estranged husband josh took a plea deal in exchange for a who'd had some juvenile offenses detailed confession. but what about the person who but in the years since had was the actual shooter, joshua's redeemed himself. he graduated from zane state, friend? prosecutors r were concerned. got a good job with a local manufacturer and seemed to charm every woman he met. four days into their investigation, detective brady would josh's confession help hittle found sirius at a them convict sirius? girlfriend's place. >> reporter: as part of pleading guilty to murdering his wife >> i asked him if i could look brandy, josh daniels had to at his cell phone.
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admit what he'd done -- provide what lawyers call a proffer. if i could take it back to the he was brought to a conference office, and download it. room at the prosecutors office. he agreed to let me do that. >> how'd he present himself? >> when was the first time that >> calm. this idea came about? >> i've known sirius underwood >> he claimed he didn't know for a while we were havin' a conversation one day at -- at brandy was killed. his apartment. just calm, cool, and collected. >> reporter: sirius came to the and i was tellin' him about, how sheriff's office. hard this was on me -- me and >> we'll put it in airplane mode. brandy splittin' up. >> reporter: while the squad's how pissed off i was that -- phone expert examined his cell, sirius explained how he knew brandy's husband josh. >> we went to zane state together. >> okay. >> i worked out with him and that she was seein' that guy, craig. stuff like that. >> reporter: he said he hardly knew brandy. >> i didn't, like, meet her meet her, i seen her one time. >> reporter: as for his pal josh up in alaska? sirius said they hadn't been in contact for a while. >> when was the last time, he sent you a text, he called you? and -- he made the comment, >> i'll say about two or three weeks ago. >> it was not this week? >> i didn't talk to him this week, no. >> reporter: sirius said he'd been with his girlfriend around
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"well, [ bleep ] that [ bleep ]. let's just off her." the time cops believe brandy and, you know -- at the time, died. bein' emotional and mad, you know, i -- i made the decision >> and went to my girlfriend's that maybe that wouldn't be a house and i kind of stayed the bad idea. night there. >> reporter: josh helped him stalk his wife. >> sirius asked me where she >> reporter: officers returned sirius's iphone and thanked him for coming in. lived. and i told him. wendy lemon, the girlfriend in and -- he asked me about her work schedule. sirius' alibi, was next up on the detective's list of people and i told him. >> reporter: and, it wasn't just to talk to. brandy josh wanted dead. wendy, a mother of five, said she met sirius a couple of years >> i told him w -- see if he could go over to her boyfriend's earlier at the same place brandy house, craig's. and josh got together zane state see if he can find where he lives. college. >> i just knew from the moment i and break into his house and kill both of 'em. met sirius that this is just a new friend. >> did he? >> huh? happy. always smiling. >> reporter: the mid-life single mom back to college and deans >> did he find out where he list student sirius were lived? ambassadors for their school. they were just looking for a >> yeah. face for zane state college that would be friendly, and that would be outgoing, and so that we could go to different events >> did he try to break into the in the community, as well as giving tours on campus. house? sirius had found time to work as a campus security guard, and >> no. that's where he met josh, who not that i know of. did the same thing. sirius was an overachiever even featured in brochures about the college. wendy liked almost everything about him. they became a couple. >> one year for my birthday he totally set up an entire day skydiving. >> happy birthday! >> thank you! >> woo! i shot she was shot.
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i don't know if he parked the >> it was so amazing. vehicle and came running out of the bushes. so awesome. we took motorcycle rides, and i never talked to sirius after the murder actually happened. >> he certainly confirmed with went on picnics. you that it happened. >> he said, "done." >> reporter: they asked just could josh live with himself after killing the mother of his child? >> reporter: now wendy found herself caught in the undertow >> i thought that, you know, it would just go away. and that this day would never of a homicide investigation. cops had her downtown the same come. that me gettin' arrested would never happen. day as sirius. >> i just wanna let you know, after brandy's death, became an alcoholic. you're not under arrest, okay? >> reporter: detective ryan drinkin' every day. taking hero -- using heroin, asked about the night of the murder. he used wendy's texts with sirius to refresh her memory. >> could you put it here so we downers. both could see? >> oh, yeah. >> may 5th. just anything to numb that pain. >> reporter: the killer husband >> reporter: did wendy's texts that night fit in the timeline sounded almost contrite. >> if i could go back and i they were building of brandy's murder? and did they speak to sirius' whereabouts? could change it, i -- i would. >> at 11 o'clock, when you type these you were sure he was not brandy didn't deserve what in the house at 11:00? happened to her. at eleven o clock, he was not at your house. >> he was not in my house then. >> reporter: sirius arrived, she was a good girl.
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wendy said, after that eleven o'clock text. sirius had given the cops wendy as his alibi and she'd and ultimately, years down the inadvertently only made him someone detectives needed to road, havin' brandy gone, seein' how that affects my -- that's take a closer look it. gonna affect my daughter's life. she's not gonna have her mom. and knowin' that i played a part >> there's a window of in that, i can't -- i can't live with that. opportunity in there in which he >> reporter: with josh about to could easily have done this throw himself at the mercy of the court, prosecutors still had >> reporter: and there was another thing, the squad's phone the accused triggerman to deal with. expert filled them in about some but sirius was hanging tough, internet searches he'd found on sirius's device. >> sirius had opened every news not saying a word. article that had to do with the so with only one of the two homicide. accused going to trial, the >> reporter: interesting because state's star witness would be earlier in the day he claimed he didn't know brandy was murdered. question was sirius the gunman josh daniels. as prosecutors prepared him to testify, they were still trying in brandy's driveway? to wrap their arms around sirius' motive for the murder. he seemed to be no more than a >> reporter: what's he telling casual friend of josh's from the you? >> when i pushed josh on why, why would he do this? gym, but when the it guys and he says, "that's what dudes do for dudes." cracked josh daniels' phone use that's what sirius told him. history it told a different story. he's like, "you'd do that for >> what had he deleted? >> a lot of text messages. me?" >> to whom? >> sirius underwood. sirius underwood was, by far, the one he was in contact the and he just said, "that's what
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dudes do for dudes." >> reporter: kill your wife? most. >> what's your thinking? >> right. >> reporter: crunch time for the >> when we first talked to josh prosecutors. sirius' trial was looming. he never mentioned sirius and, they were far from underwood. why would they be lyin' to us about that? confident. >> reporter: why indeed? the story told by the phones the concealed relationship fed a >> reporter: what was the weakness in the case? you're still gonna have josh come in as your witness. >> josh -- the jury wouldn't like him. you're asking the jury to rely upon somebody that's admitted to having their wife executed. growing theory of the crime they that's a tough pill to swallow. were looking at a long distance >> reporter: so within that killing between ohio and alaska. there might be wiggle room for if that was their case, then technology was going to be as sirius? >> right. valuable to them as dna or bloody fingerprints. >> reporter: just days before sirius' trial was scheduled to the first big question did the killer assuming he was a man begin. >> i was writing my opening. have a phone on him when he did i got a text message from the the shooting. and, what tower near the murder scene had the phone pinged off? >> we had tons of and i'm not exaggerating, thousands upon thousands, upon thousands of defense attorney saying, "you phone calls that hit all these guys do an alford plea?" >> reporter: sirius' lawyer was proposing a plea deal. various towers. an alford plea -- the screwball >> reporter: in that electronic haystack, a sharp-eyed cop noticed a call around the time they believed brandy was killed. pitch of american jurisprudence. it was made from a number with a 310 area code now normally that's southern california. >> alford plea, to civilians, to the county lawmen traced that 310 number back to an anonymous disposable phone a burner purchased in zanesville a week before brandy died.
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>> i get the call records for the 310 area phone, and start combing through those. layman, has a very sketchy kind he only called two people. of feel to it. a second burner phone and josh daniels. do you wanna take a crack at those were the only two. >> reporter: was this their trying to explain what an alford breakthrough? that burner phone, at the right plea is? >> sure. time, right place, had called josh's phone in alaska. then the phone techs did another it basically is when somebody extraction of josh's phone, and says, "i'm willing to say that they retrieved something josh you have lots of information, and -- i'm gonna plead guilty, thought he'd deleted. >> a voicemail that was left on but i'm not gonna say i actually josh daniels' cell phone from did anything wrong." this california area code. >> hey, what's up, man? >> reporter: and i say, "huh?" it's me. hey, hit me up on this phone >> right. right here whenever you need to >> reporter: and then i turn to ron and say, "how does this go again?" talk about something. >> so, he's gonna take responsibility without saying he did it. >> reporter: the state's attorney signed off, and the trial judge accepted sirius underwood's alford plea. hear me? sirius was sentenced to life with the possibility of parole after 38 years. a sentence he's appealing. holla at me later. josh daniels got life with the possibility of parole after 28 years. not enough time for some of bye. brandy's loved ones. >> reporter: so where do we >> reporter: detective hittle's stand now? they've-- they've both been dealt with? >> yeah, i guess. >> reporter: your opinion, do you think they both got off ears perked right up when he heard it. easy? >> yes, they did. they're still breathin', she's >> i listened it to and now i know that phone, 310, is sirius not. >> reporter: josh and sirius are underwood's. serving their sentences in that is his voice. >> reporter: the detectives separate maximum security wanted another, technically prisons. wendy writes and sometimes deeper dive into sirius' visits sirius. brandy's parents are raising her i-phone, which they'd returned daughter. to him. the family is left with a snapshot album itself getting sirius came downtown again, as older but the young woman requested, but while the cops pictured in the pages inside staying the same, never to have were preoccupied chasing down a her own album of her daughter graduating, getting married. search warrant for his device, time ran out for brandy on a dark hilltop before she could he outfoxed them. kiss her daughter goodnight. >> reporter: that's all for this edition of "dateline." sirius found a computer and thank you for watching.
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remotely wiped his phone clean. >> when i reached in i got sirius' phone, i could see that it had been reset, factory restored from the icloud. >> so whatever story he was gonna-- tell, you weren't gonna hear it? >> there was nothing left on nobody has seen her or heard that phone. from her. she's really missing. >> pretty clever. >> we knew at that time we had a serious problem with our evidence. >> chelsea was out to scare up we were not dead in the water, but we were definitely struggling. >> announcer: coming up, a some halloween fun. stalled case. >> she had bright lipstick with >> are you startin' to lose a wig on. she looked beautiful in her faith in your police? the investigation. costume. >> it was stressful. >> but the next morning, she was >> announcer: and then a threat convinces a woman to talk. >> he told me the same that gone. >> i got a couple facebook happened to brandy would happen messages. do you know where chelsea is at? to me. >> what did he say happened to brandy? >> he kill her. he kill her. >> the majority of people in >> when "out there in the dark" costumes disguised. continues. n the dark" it was the worst case s continues. well, saving on homeowners insurance with geico's help was pretty fun too. ahhhh, it's a tiny dancer. they left a ton of stuff up here.
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