>> 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 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.

"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.

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 >> 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

>> 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

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>> 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 fianc?e 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?

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

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 uphi 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

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 he 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

>> 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

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. 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.

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. 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

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

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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

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.

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. 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

>> 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 fianc?e. 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. 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.

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. fo 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

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...

>> 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?

>> i slit her throat. >> the clues, this sketch and this letter. >> i want to find out who we are following three big stories tonight. tom brady quarterback tomorrow for the first time since his deflategate suspension. support is flipping for presidential candidate donald trump after controversial comments about groping women. calls tonight for him to drop out of the race. hurricane matthew weekends but causes plenty of damage. we'll have the latest on the storm. we'll get to all of those stories within minutes. first, tom brady returns to the field tomorrow, his suspension for deflategate now over. good evening. i'm katie brace. >> and i'm ken macleod. a game you will see right here

director steve burton is live outside the stadium in ohio for us. steve? >> reporter: tomorrow afternoon this place is going to be absolutely packed with people. everybody including cleveland fans want to see how brady does. when tom brady decides not to fight his suspension any longer, everybody went to the calendar and circled october 9 on the calendar. october 9 is here. that is the good news. and now it is all systems go for tb 12, tom brady. a full week of practice for brady. on the year, that's a start. and he was banned from having contact with the team since 4:00 p.m. eastern time on the third of september. we know come tomorrow, all will be well with patriots nation when brady gets under center for the first time since the final preseason game in new york. while many seemed to be excited about brady's return, his coach is not letting on that this is an -- not anything more than just another football game.

have to do and not worry about what everybody else is doing. play well as a team and each of us do our jobs. leave the fans to fans. start to do our job and see if we can compete. >> the man in the but he may not be making a big deal but trust me, he's fired up and so are brady's teammates. wondering if -- how much sleep tom is going to get tonight. i tell you we cannot get brady's return, we'll see if the patriots can go 4-1 tomorrow afternoon. that's the story in cleveland. back to you. >> all right. thanks. you get some sleep yourself. a good chunk of patriot nation has followed the pats to cleveland to be there for brady's return. nikki giovanni spoke with some of them and continues our team coverage. >> go pats. >> 640 miles from home, cleveland, ohio? starting to feel like foxboro.

annual drive into enemy territory. >> foxboro north and west. if you say so. that's buffalo. yeah. patriots nation has arrived. traveling by the busload. welcome back their quarterback. >> brady rules is going to >> we knew brady was back week five. just happened to be in cleveland. so we said let's do it. >> reporter: fresh off his four game suspension tom brady's return th rearview, albeit still a sore subject. >> never should have been gone first of all. i think he's going to do great. he's going to be just fine. everybody saying he's going to be rusty. no. no. >> reporter: despite his tie -- his hiatus, fans made the trek fully expect to see a show when tb 12 takes over. >> yeah. this is good. brady, don't forget about me. i'm still going to kick your butts.

you had it. now it's over. >> what you going to do when tom brady runs wild on you, brother? yes! >> mildly excited to see brady time return and the timing could not be more perfect. brady has never lost 218 with an 0-4 record are worse. 5-0 in those situations. beyond that patriots have won by an average of four touchdowns in those cases. reporting from cleveland, nick giovanni, wbz news. >> morning at 11:30 with patriots game day. kickoff is at 1:00 right here on wbz. the fifth quarter postgame show is over on my tv 38. go ahead and shift over to the baseball diamond now. most of red sox nation a bit stunned and so are the sox themselves. >> big papi and company staring at possible elimination tomorrow. wbz's dan roche joins us with a look ahead. >> sounds strange. red sox are one game away from elimination.

his manager knows that is something they will be dealing with even if the sox win tomorrow. >> that's going to exist regardless of when the final game is played. we knew that the day that david announced this was going to be his final season. i don't think that is going to deuce -- a distraction at any point in the season and certainly it isn't tomorrow. david's final game is going to come. when that is, hopefully beyond the completion of tomorrow. >> and you know david want the focus to be on the team and not him. if the sox did not force at least a game four, it would be the end of one of the greatest red sox players careers of all time. tomorrow night at fenway park. katy? >> thanks. let's turn to campaign 2016 now, more problems for both presidential candidates. republican donald trump is losing support from big names in his own party after new

the democrat hillary clinton is dealing with a new e-mail matter. john mccain is on the growing list of those withdrawing support from donald trump following those controversial comments. trump is vowing to stay in the race. his campaign released a video tonight of him apologizing. trump was recorded having a lewd conversation about women with "access hollywood" host billy bush as the pair got off a bus back in 2005. you can hear tr about trying to seduce a woman in vulgar terms and saying he could pretty much rope women whenever he wanted to because he was a celebrity. >> anyone who knows me knows these words, don't reflect who i am. i said it. i was wrong and i apologize. >> trump's wife and running mate are among those releasing statements today saying they cannot defend his comments. locally everyone from governor baker to the senate candidates in new hampshire are weighing in on trump's comments. wbz's jim smith has that part

center. jim? >> latest controversy is sending political shockwaves throughout new england and elsewhere and the impact is being felt in massachusetts and also north of the border. one man's vulgar comments can also provide political opportunity. in new hampshire democratic senate candidate maggie hassan pounced. attacking incumbent opponent kelly ayotte for her previous support of trump. >> now when it looks like really could cost her, now she's going to disavow him. >> reporter: that's what senator ayotte is doing. in a statement she says i'm a mom and an american first. and i cannot and will not support a candidate for president who brags about degrading and assaulting women. i will not be voting for donald trump or hillary clinton. and instead will be writing in governor pence for president on election day.

of trump's remarks cost other republicans votes? >> this is bad. particularly when you consider the degree to which undecided voters are women, and men who love women. and have daughters. many of them are likely to be offended by this as well. >> a selfish little sleaze ball. >> reporter: elizabeth warrren has not been bashful about attacking trump. in a fundraising letter she calls trump's remarks and gross. as for governor baker, he says he won't be voting for trump or clinton. a top age saying governor baker has said many times that donald trump is unfit to be president. and he believes that these disgusting comments toward women are more evidence of that. >> it doesn't end there. former presidential candidate and massachusetts governor mitt romney is speaking out tonight. he says he is offended and dismayed calling donald trump's remarks file. live in the satellite center jim smith, wbz news. hillary clinton's campaign

authentic. the campaign blames intrusion on state actors looking to help donald trump. part of the e-mails say clinton told baker's in a private gathering that wall street insiders are best suited to help make financial reform. the second presidential debate is tomorrow night. you can watch it live right here on wbz starting at 9:00. following breaking news in california tonight, police are searching for the person who shot and killed palm springs this afternoon. a third officer was wounded. police responded to a home after a woman called saying her adult son was causing a disturbance. authorities have not identified the suspect but say they have a history of calls to that home. turning to hurricane matthew now, the storm is blamed for 10 deaths in the united states. powerful storm surge collapsed a peer on north carolina's oak island today. matthew made landfall in south carolina and left roads