Rachel Buffett’s August 20, 2018 Court Appearance

A hearing for Daniel Wozniak’s ex-fiancée, Rachel Buffett, took place this morning on August 20th, 2018 at 9:00 AM.

Rachel and her coalition of blonde supporters filled up about three rows of seats on the left side of the spectator seating.

Across the aisle, Sam’s parents, Steve and Raquel Herr, were in attendance as per usual. I don’t think they have ever missed a hearing for Rachel Buffett or Daniel Wozniak. They were soon joined by Julie Kibuishi’s father, Masa. These grieving parents greet each other warmly, and I can’t help thinking how sad it is that this friendship formed from mutual pain and heartbreak.

Honorable Judge Sheila Hansen made quick work of the hearing, where the main goal was merely to clarify that everyone involved is ready to finally go to trial later this week.

Trial Date Set

Thursday, August 24th, 2018 is the scheduled date for the for Rachel’s trial to begin, and it sure appears to be the real deal this time around.

Rachel Buffett has been charged with being an accessory to murder after the fact. She could face up to three years behind bars if found guilty.

Will she testify in her own defense?

I have my fingers crossed so tight; my hands are turning color of my hair.

I’ll keep you updated!

Teaching Murder to the Kids

I’ve been writing about Daniel Wozniak and the murders of Sam Herr and Julie Kibuishi for about three years now (wow). During this time, I’ve come to realize just how many people are fascinated by the True Crime genre.

I used to think it was just me who would ask Santa to put a deck of serial killer trading cards under my Christmas tree. But True Crime is everywhere these days. Even people who don’t think of themselves as True Crime fans give me their undivided attention when I attempt to deliver a condensed version of what I’m working on.

The True Crime bug has even made its way into high school matriculation.

Behind Behind the Curtain

This past April, I received a message from an Irvine, California high school student named Tess Ortego. She was the team leader of a trio of teens, including Collin Press and Sydney Guanga*, who were working on the final project for their Forensics Core classes. As part of the curriculum, they took an Honors Forensic Science class, an Honors Forensic Psychology class, and an Honors Critical Theory and Literature class.

Impressive, right? I thought my honors Algebra class was challenging.

According to Tess, the assignment was pretty open ended. It was to use a medium (suggested mediums included podcast, documentary, or website) to answer the essential question, “How do we determine a reliable understanding of truth within the criminal justice system?”

I believe the children are the future – for reals.

The students were supposed to focus on a cold case and act as their own investigative team. Interestingly, Tess, Collin and Sydney were given permission to work on a case that wasn’t so cold. Considering all the publicity surrounding Daniel Wozniak’s trial and the Orange County snitch scandal, the students couldn’t have found a better case to study truth within the criminal justice system.

They decided to do a podcast, which they cleverly titled Behind the Curtain, and their research let them to my blog. They figured I’d be a good source of information on the topic.

I’m a busy person. Active life. I have a book to finish. But I enthusiastically agreed to be interviewed and recorded for their podcast. These kids are barely older than my own son, and since I’d hope someone would help him out on an important school project, I could do no less.

An Opportunity To Share

Also, I’m not ashamed to admit I was glad for the opportunity to actually talk about some of what I’ve been writing. In the theatre world, it’s common for a director to ask a trusted and perceptive peer to attend an early rehearsal and provide audience feedback. These kids are smart (the two seniors, Tess and Collin, are starting at prestigious colleges this fall) and they’d done quite a bit of research on Daniel’s case. They really wanted to know the story Daniel has only shared with me, and Tess agreed to not use anything I told them in confidence.

Tess and I emailed back and forth for a bit in order to plan an interview time. The team sent me a list of well-crafted interview questions, such as:

  • How did you know Daniel Wozniak prior to his conviction?
  • What about Daniel Wozniak interests you the most?
  • Do you know anything about Wozniak’s family/parents?
  • Have you ever been criticized for writing your blog?

The Interview

We decided to meet at a local Starbucks, because all my important meetings take place at a local Starbucks.

The three students were seated outside when I arrived. It was a hot day, and our four o’clock meeting time landed us with the bright sun beating down between the gaps where two patio umbrellas attempted to protect my pasty white skin. Sydney ended up trading seats with me when I still couldn’t stop making a squinty-eyed pirate face in spite of wearing sunglasses.

Honestly, I would have preferred sitting indoors, but I didn’t want to sound “complainy” asking about it. Maybe they looked indoors before I arrived; and they weren’t any tables available that were large enough to seat four.

Being outdoors did mean I had to be more aware of acoustics and background noise for the podcast recording. I was wearing Invisalign braces at the time, so I felt the need to make an extra effort to speak clearly and loudly enough for their microphone. I have a good strong voice. It’s not super loud and intrusive (I hope), but if other patrons at nearby tables happened to want to focus in on the conversation at our table, it wouldn’t have been much of a challenge to catch the majority of what was being said. (Foreshadowing!)

We spent the next two hours discussing the horrible murders of Sam Herr and Julie Kibuishi. We went over the details of the story known to the public; which can be complicated to follow even for those who have studied the case extensively. We discussed aspects of Daniel Wozniak’s confession that are illogical and weren’t actually proven in court with any corroborating evidence. I shared some of Daniel’s claims of what actually took place when Sam and Julie were murdered.

I wanted to make sure the students understood that Daniel in no way exonerates himself with this other story.  He is a murderer. There is no version of the story where Julie Kibuishi and Sam Herr don’t lose their lives.

However, what Daniel has told me sure does add quite a few new layers to the cake. There are a lot of extra ingredients, and Daniel claims he wasn’t the only chef in the kitchen.

The Podcast

Listen to a special composite version of Behind the Curtain (edited to maintain my privacy) by clicking on the player:


(Audio is used by permission. Behind the Curtain is copyright 2018 Tess Ortego, Collin Press, Sydney Guanga. All rights reserved. Unauthorized duplication in any media is a violation of international copyright laws.)

An Unintended Guest

I used to feel uncomfortable discussing my writing project. Even in a crowded restaurant, my voice would instinctively drop to a whisper when saying words like “murder” and “mutilation.”

The popularity of True Crime had made me let down my guard. That’s why I was so surprised about what happened just when we were wrapping up the interview.

Unseen by me, a man had sat down at the table behind ours. The seating order at our table allowed all the kids to see the man while my back was turned away from him.

“That isn’t a very nice conversation you’re having,” he loudly called over to us. “It isn’t appropriate for such a beautiful day.”

He wouldn’t have been bothered if it were raining?

I turned around in my seat and faced the man. He was small and pale with thinning dark hair. I detected an Eastern European accent. I kindly explained to him that our conversation was all for the purpose of education. Unfortunately, he wasn’t appeased.

“Oh” he said. “It’s so lovely out, I thought you should talk about something more appropriate.”

“We are almost finished, and we want them to get a good grade.” I answered, turning back to the kids.

I wasn’t exactly sure what he was attempting to accomplish. It’s a free Starbucks. We can discuss whatever we want. Our language was clean. Nobody was smoking or doing anything offensive. This man had no right or reason to try and shame us for our conversation topic.

That being said, if we hadn’t been leaving, I would have tried to keep my voice lower, or move us to another table, for the sake of peace and harmony.

“There are so many nicer things to teach children.” He spoke louder to the back of my head. He had that passive aggressive nature that some men reveal when they decide, “you should smile more because you are such a pretty girl.”

The teenagers looked amused. Eye rolling ensued.

 It wasn’t just me; the kids rolled their eyes, too.

I looked at him over my shoulder. “I’m not their teacher. I’m not their parent. I just know a lot about their topic.”

 “And we all come from loving homes, by the way,” Tess added. Well played, I thought!

People are drawn to True Crime for a wide variety of reasons. Is it a fascination with the darker side of humanity? Is it the excitement of a good scare? Or does having an in-depth knowledge of murderers and their victims makes us feel a little more prepared to fight off anything bad that comes our way?

It’s possible these kids only wanted a good grade on their final. But Tess has aspirations to join the FBI, and both she and Sydney say they can’t wait to read my book.

So I better get back to work.

Update on Rachel Buffett’s Trial

Once again, Rachel has a scheduled trial date. She is supposed to be in court Monday August 20th, 2018. I’ll keep you updated if anything happens.

*Permission was granted to use the names of the students.

Rachel Buffett Court Date Set

On July 17, 2018, Rachel Buffett is once again going to court. It’s a Tuesday. I think this one might be for real. It looks like Rachel’s trial is actually going to happen.

More than a year after Daniel Wozniak was sentenced to death for the murders of Sam Herr and Julie Kibuishi, Rachel will finally face charges for being an accessory after the fact. That’s the good news. At least for Sam’s and Julie’s loved ones, I assume. Steve Herr has often voiced frustration and anger about trial delays.

Rightfully so. His son was murdered over eight years ago.

Unfortunately, I personally wish this trial were pushed back just a couple more weeks. It turns out, my daughter needs to have all four wisdom teeth removed ASAP, and the surgery is the same day that Rachel’s trial is set to begin.  That’s the bad news.

I’m aware that my schedule is of no significance to anyone actually involved in this trial, but I’m still really annoyed by the timing. I have been promising you all that I’d keep you updated on Rachel’s case, and now I can’t go to the trial. Unless it happens to carry over to Monday, I probably won’t get to see any of it. I’m genuinely sorry, folks, but the care and maintenance of my kid will always take precedence.

If you’re thinking “Why can’t her husband take care of their daughter, so MM can go to the trial?” I can answer that question with one word – Comicon

There is always the possibility of another delay, but I feel rueful in wishing for that outcome because Sam’s and Julie’s loved ones deserve to have this over and done with.

I am hopeful though, that one or two of you might end up going to Rachel’s trial yourselves, and then comment about it. I’m sure all of us would appreciate any updates we can get. You should take notes.

I also hope the media will give Rachel’s trial a fair amount of attention, but it probably won’t be the same frenzy that surrounded Daniel’s trial.

By the way, I will buy the trial transcript. Transcripts are pretty pricey, but I shelled out for Daniel’s court transcript and it has been invaluable while working on the book.

And speaking of the book: I’m hard at work. Sometimes I don’t always have as much dedicated and undisturbed writing time as I’d like, but the book is getting written.

Most of the time I love writing. I feel energized when I am telling a compelling story.

Thank you so much STK for acting as my thesaurus via text.

I’ll admit that once in a while I have an aversion to the activity because the words aren’t flowing smoothly from my pen (cliché!) or I’m spending too much time worrying about being judged harshly by the readers for at least a dozen reasons…

I’ll get back to that discussion another time. The topic right now is Rachel and her trial. I really wish I could go to it, but maybe there is some fated reason that I shouldn’t be there. I’ll tell myself that.

Will Rachel Buffett testify? I’m not sure how her lawyer is going to defend her from these charges if Rachel doesn’t take the stand and explain why she was dishonest during police interviews.  We shall see.

Final note – San Quentin is on lockdown again. They have been on this “modified program” for a couple of weeks now. No visits, no phone, etc. I don’t think I’ve spoken to Daniel since the end of June. Luckily snail mail is still available.

UPDATE: July 17, 2018

Hello Readers,

I know this will be a shock for you, but it turns out Rachel Buffett’s trial has been postponed again. I have to say I really thought it was going to happen this time. It was in a courtroom on the eleventh floor and was starting on a Tuesday. My Magic 8 ball said “All signs point to yes.” Her new trial date is August 20, 2018.

I wasn’t in the courtroom, so I don’t know which side asked for the continuance or why, but I can’t deny I am pleased I don’t have to miss her trial.

Thank you for reading the blog!

Daniel Wozniak on the Ear Hustle Podcast

“When I’m with the guys there I don’t think about their crime, because they’re not their crime. It’s the man in front of me and whatever he did, that’s something that he did in the past…he’s already been judged so I don’t need to be doing that.”  — Father George Williams, San Quentin’s Catholic chaplin

Daniel is comparatively new to death row. He has less than two years under his belt, whereas many of the inmates on the row have been incarcerated at San Quenin for decades. As Daniel has become accustomed to his new surroundings, he has shared his experience with me along the way.

I talk to Daniel Wozniak on the telephone regularly. We write each other often. I’ve even visited him at San Quentin a couple of times. I feel like I’ve learned a lot about how death row functions in the state of California.

As you all know, I’m fascinated by this world behind bars, so when I came across a podcast produced entirely within the walls of the San Quentin State Prison, I was hooked right away.

How Ear Hustle Interviewed Daniel Wozniak

Ear Hustle is the project of Earlonne Woods and Nigel Poor, co-founded with Antwan Williams. Antwan and Earlonne are inmates, and Nigel is a visual artist who volunteers at the prison.

Although Daniel Wozniak and Earlonne Woods are incarcerated in the same California state prison, their experiences in San Quentin are not that similar.  Ear Hustle focuses the world of the “mainline,” where Earlonne Woods is housed, and life there looks quite different from Daniel’s on the “the row.”

That’s because death row is considered a completely separate prison within the prison. Daniel lives by much stricter rules and has a lot less freedom than the mainline prisoners.

Click the image for full-size.

Ear Hustle recently released an episode called “The Row” focused entirely on San Quentin’s condemned unit and how it differs greatly from being incarcerated on the mainline. Earlonne and Nigel wrote a letter inviting death row inmates to contact Ear Hustle if any of them were willing to share their experiences. I’m not sure how many responses they received, but one of them was from my friend Daniel Wozniak.

Daniel agreed to the podcast interview, but there was a major logistical issue.

As death row is a separate prison, the inmates housed there are not permitted inside the media lab where Ear Hustle is recorded. Without ever leaving the grounds of San Quentin, Daniel could walk into another room and suddenly be outside the confines of his prison. Big no-no.

As they said on the podcast, and I’ve heard Daniel say this regularly, a “workaround” needed to happen. The interviews would take place over the telephone. In Daniel’s case, he was brought into the East Block Custody Sergeant’s office for his interview, which took about ninety minutes.

The Interview

Daniel was asked about his life behind bars, his methods for coping with incarceration, and how he feels about his future. He did a good job. He’s grown up a lot since the Lock Up debacle of 2011.

One of his statements did cause him a little bit of grief with some inmates. In his interview, Daniel spoke about not wanting to waste his life in spite of being behind bars. He mentioned how some inmates spend all day watching TV, and he personally didn’t want to live like that.

Daniel didn’t mean for this to come off as judgmental of anyone, but a few guys took it that way. Some people were insulted. Apologies were made and all is well.

And you don’t need to be an inmate to spend all day watching TV.  Am I right?

There were two other death row inmates interviewed for the episode. They had both been in San Quentin for decades. Unlike Daniel, these men had been around long enough to remember the last time an execution actually took place. They have experienced death on death row.

How Other Prisoners View Life on Death Row

Ear Hustle interviewed some mainline inmates who were also around during the last execution in 2006.  For me, the most enlightening part of the podcast was learning how some mainline inmates feel about the condemned men on the other side of the prison.

Some felt sorry for them and took a “there for the grace of God…” attitude when asked about death row. Some were indifferent. Others envied the solitude given to the death row inmates: “If you have to live the rest of your life in prison, that would be the spot,” explained one inmate who pointed out that the guys on death row don’t have “cellies.”

But Earlonne Woods countered that line of reasoning by pointing out the many freedoms given to the mainline population as compared to the row. On the mainline, inmates can be out of their cells for most of the day. They can go to yard, they can spend time with their fellow inmates, and they have numerous classes and programs offered to them.

Daniel told me that sometimes bands come and play outdoor concerts for the mainline population. Occasionally inmates will even get up onstage for a jam session. Daniel said there’s also an annual visit from the NBA Golden State Warriors basketball team, and they play a game against the San Quentin inmate team. Sometimes the inmates win. It appears there is some sadly wasted talent behind those walls.

On the podcast, Nigel pointed out the “incredible disconnect,” between the death row and mainline populations. I knew about the separation, but I hadn’t realized that mainline inmates aren’t even allowed to speak to the death row inmates.

Separation and Isolation

When a death row inmate is being walked past in the yard, mainline inmates are expected to stop what they are doing, turn, and look away. The guard accompanying the condemned man walks with his baton out and at the ready. This is a security measure to protect the DR inmate, whose hands are cuffed behind his back. (On Ear Hustle there was a question about if death row inmates are shackled at the waist as well, but in Daniel’s experience, they are only handcuffed behind their backs)

Daniel insists he told me about this practice when he first got to San Quentin, but I don’t remember it at all. Maybe my dogs were loudly flipping out about a UPS delivery, and I couldn’t hear Daniel on the telephone. This happens a lot.

Daniel says he told me all about the first time he was escorted across a yard. A mainline prisoner, who was likely new to the San Quentin population, approached Daniel and enthusiastically pointed out how he recognized him from the TV show Crime Watch Daily. Luckily for that guy, the baton-holding guard responded to the “threat” verbally, and not physically.

I think I would have remembered that story.

 Listening to Ear Hustle really brought home how death row can seem like such a hopeless place. On the mainline, redemption is a possibility. Even men with life sentences are encouraged to change, improve, and reform. However, the inmates on death row “are not allowed to change,” says Father George Williams. “They are stuck in being the worse thing they ever did.”

Earlonne Woods reminded the listeners that not everyone on death row is a serial killer, and there are plenty of convicted murderers on the mainline. A lot depends on the prosecutor, the jury and the police reports. “Some of the guys are here on the mainline for committing the same types of crimes that put other guys on death row,” Nigel pointed out.

Redemption?

In his interview, Daniel talked about how he’s had people support him along the way, and how he’s been able to change from the man he was before his incarceration. Daniel feels as though that person is dead. The man responsible for the murders of Sam Herr and Julie Kibuishi is the one who was given the death penalty. Daniel is now becoming a new and better person.

I like to think I’m one of the supportive people helping Daniel become a better person. Also, I’m torn by the idea of Daniel completely detaching himself from the murderer who lived inside him.

I agree he isn’t that man anymore. But the heartbreak and destruction from Daniel’s past deeds are still very real to Sam and Julie’s loved ones. Daniel Wozniak’s redemption is likely of no concern to the Herr and Kibuishi families.

I’m guessing there are very few people who care about the redemption of any of the men on San Quentin’s death row. Which is why Steve, one of the other death row inmates interviewed, believes “any acts of redemption or self transformation that anybody makes on death row, it has to come from themselves.”

Daniel’s New Home

Hi Everyone! Yes. It has been a while since you’ve heard from me.

I am going to be honest with you, folks. I had NO idea how much time and work it takes to write a book. My hat is off to anyone who has ever completed the task. That being said, I’m chipping away at my book, and I’m pleased with my progress so far.

An Update on Rachel Buffett’s Court Case

Many of you want to know what’s up with Rachel Buffett’s case. It appears to be on hold. As of this writing, there is nothing on the court schedule for Rachel’s trial through the end of May, which is the farthest date available on the Orange County Courts search.

An Orange County Register article about her February court appearance states that DA Matt Murphy “said he has been working to resolve the case in a possible plea deal, but Buffett’s defense lawyer, David Medina, said he and his client are prepared to go to trial.”

I guess they are feeling pretty confident about proving Rachel’s innocence in court. She has not been charged with murder. She’s currently only facing around three years behind bars for lying to the police after the murders of Sam and Julie. This doesn’t mean the authorities don’t want to charge her with murder; they just don’t have a way to prove it.

For now, Rachel remains out on bail.

And hopefully doesn’t know where I live.

Meanwhile, At San Quentin…

Daniel Wozniak, though, is tucked away on death row in San Quentin State Prison for the murders of Sam Herr and Julie Kibuishi.

His only change of locale comes from moving to a different cell. And that’s what happened last week.

Prisoners have no say in where they’ll be housed. They can make requests, but if an inmate isn’t “content with his neighborhood,” he can’t asked to be moved without a good reason.

In the past couple of months, a number of prisoners were released from the AC (the Adjustment Center), and back into main death row housing. Daniel got a bunch of new neighbors. Soon after, the noise level, and the number of “shenanigans,” increased a great deal.

Nevertheless, to ask the guards to move to a more peaceful area in San Quentin State Prison is akin to asking an usher at the Super Bowl if you can be seated in a quiet spot in the arena.

What’s an inmate to do?

Well, Daniel had a lucky break – literally – when both the sink and the toilet in his cell became inoperable.  For some reason, there was no water coming into Daniel’s cell at all. The California Department of Corrections has a policy that an inmate cannot be confined to a cell without access to water for an extended period of time, and the issue in Daniel’s cell wasn’t going to be a quick fix.

The guards didn’t want to be running to get him bottles of water all the time, so the simplest solution (suggested by Daniel) was to move Daniel to another cell that had recently become vacant on the same tier.

You wouldn’t think it would make much of a difference, but Daniel claims it’s actually a lot quieter and calmer on that end. It’s easier to study and read.

Yes. It certainly was timely and beneficial for Daniel that his cell had plumbing issues just when he was contemplating a move to a new area.

Not So Much a Change of Scenery as a Change of Cells

The details that go into changing prison cells are interesting. Things I’d never even consider worrying about could lead to an inmate being sent to “the hole.” This would mean a loss of many privileges such as telephone time and having visitors. It’s really important to obsessively clean your new “home” before you move in.

And I will get to that in a minute. First, I feel the need to mention something many of you might have been thinking as you read the intro to this post:

“Who the hell cares if Dan Wozniak is living in a peaceful environment when two innocent people are dead because of him?”

Like many of you,  I’m fascinated by this prison world. So when Daniel tells me what it’s like to move from cell to cell, I think it will make an interesting blog story.

I’m still acutely aware of why Daniel is living in a cell in the first place.  It could be said that he deserves much worse than where he is now.

Sam Herr is dead. Julie Kibuishi is dead. Daniel Wozniak is alive. It is not fair. If Daniel had to share a cell with six other people, subsiding on only bread and water, he’d still be lucky he gets to wake up every morning.

That being said, let’s return to prison life.

New Digs, No Trust

We have all watched movies and TV shows where a prisoner has his cell searched by the guards. Uniformed men completely trash the inmate’s living space. They are looking for hidden contraband and they know inmates can be ingenious when it comes to stashing their stash.

Weapons are the most dangerous finds. A piece of metal can be easily be sharpened into a knife. Illegal drugs and other contraband “somehow” manage to make their way behind bars as well.

When inmates are aware that a search is about to take place, smuggled cell phones are slid far away from the cells and out onto the tier walkway. Toilets are repeatedly flushed. An institution-wide cell search can take days because of the thoroughness of the officers.

Knowing this, Daniel has learned never to trust that a new cell is safe to move into. During his seven years of incarceration at the Orange County Jail, Daniel was obligated to change cells twenty times. He got very good at moving and cleaning.

Daniel is clearly proud of his knowledge and experience of prison living.

He laughs as his early days as a “new fish” at the OC Jail when he barely swept inside a new cell. That changed when he met a fellow inmate with a strange infected wound covering the better part of his arm (which required daily bandage changing by the jail nurse), and Daniel’s eyes were opened to what kind of germs could have been left over from past tenants.

He jokes about “swabbing the deck” like a pirate because he doesn’t want to end up with a hook arm or a peg leg.

Getting ill is actually the lesser of two possible concerns that can arise from an inadequate “treasure hunt.” If you don’t look for all the “booty,” it could be “your booty on the line.”

Are we seeing a bit of a theme in this recent letter?

Daniel treats every new cell as if the previous occupant was “his mortal enemy who was hell-bent on framing (him) for a crime, but the guy died of Ebola while in the process.”

Once arrangements had been made for Daniel to change cells, one of the guards gave him some boxes so he could pack up his belongings. The guard then walked a handcuffed Daniel over to his new digs and locked him inside. The guard got a rolling cart and brought Daniel’s boxes over to him.  The boxes were put inside the cell. The door was locked. The handcuffs removed.

The whole move took about thirty minutes and Daniel didn’t even need to find a friend with a pickup truck.

Cleaning Detail

The first order of business, before unpacking anything, is to make sure every square inch of the space gets washed, soaped, scrubbed and disinfected. This is a three-part process for Daniel.

  1. He uses the state-issued powder soap and water to get rid of the surface grime.
  2. He uses an anti-bacterial bar soap to deep clean the entire cell. He buys the soap himself. It’s usually Dial.
  3. He makes a concentrate with powdered laundry soap and water and goes over it all for a third time. Daniel buys the laundry soap as well. It’s usually Gain. He likes the smell.

All the cleaning and scrubbing is done with a dedicated washcloth and steel wool. While cleaning, Daniel looks for any hidden surprises that may have been left by other tenants.

This time around, he found an old sewing needle. He flushed it down the toilet. He did not touch the needle with his fingers.

Ummm yeah. We are all imagining the dozens of ways that needle could have been a petri dish of horror.

When the cell had been scrubbed cleaned and combed over, finally Daniel could move in and set up his new place.

Clotheslined

When he moved into his previous cell, Daniel found that the inmate before him had hung laundry lines across the cell and attached “netting” from the lines. This created some extra storage and a place to dry clothes that had been washed in the sink (with the Gain).

Wanting to reenact what he’d become accustomed to in his last cell, Daniel took his own line and started to hang it from one of the holes in the metal bed frame…

Side note: The “lines” are usually made out of string from old boxers. Sometime knitting wool is used. Inmates who take arts and crafts often have different colored wool available, but that needs to be washed first, or you could end up with a colored stripe across all your clothes.

Daniel looped his line through the bed frame and tied it. Then he gave it a tug to test its stability. It easily came apart.

But it wasn’t the line that gave way – it was the bed. A loose piece of “cleverly camouflaged” metal had separated from the top of the bed frame, displaying its sharp and pointy edge.

Ta Da – Shank

This was not going to flush down the toilet.

Having such an item found in your cell is a very bad thing. But you also do not want to take it directly to a guard. Looking like a snitch is not the best way to make a good impression with the new neighbors.

What to do?

Well, an inmate could take that shank and place it in a “You Save ‘Em” interdepartmental mail envelope. He could address it to an officer, add an anonymous note of explanation and then casually drop it in with everything else during mail call, so the sender’s identity could remain unknown.

Yes, an inmate, who doesn’t want to be identified, could use that tactic to get rid of dangerous contraband found in his cell.

That was the end of Daniel’s new cell being the prison version of Mary Poppins’ bag, and no more surprises turned up. Daniel went to bed.

Mandatory Yard

The next morning, he woke up to the announcement of “mandatory yard” call. All inmates know yard time is only mandatory on institution-wide search days.

Daniel, like all the other inmates on his tier, would be handcuffed with zip ties (for passing through a metal detector) and escorted to the yard until the search was finished.

He didn’t get back in his cell until 9 pm, but at least he knew he wasn’t about to end up in the AC because of the former tenant’s bed-knife.

It does give you pause to think about one of those fine death row fellows having a sharp weapon in his grasp. It’s no wonder the guards always cuff the prisoners before opening the door to their cells.

Daniel returned to his new home to find a receipt on his cot:

San Quentin State Prison Confiscated Property Receipt

An Update On Rachel Buffett, Daniel Wozniak’s Ex-Fiancée

Hello Readers!

I thought you might be interested in a quick update on Rachel Buffett’s trial.

Unfortunately, I couldn’t attend Rachel’s most recent hearing on February 9th, 2018. I was at a funeral that morning. Priorities.

I had a strong feeling nothing extremely important would happen that day. It was a Friday, and there was no way her actual trial would begin on a Friday. Also, she was still assigned to the same courtroom as she’d been for her previous hearings.

Side note: How’s this for a coincidence? The last time I did go to one of Rachel’s hearings, I discovered that the judge was a friend of mine. Our kids went to school together. Small world.

 Please note – I did NOT attempt to discuss the case with her, and she’s not going to be Rachel’s trial judge.

 Currently, the Orange County Superior Court search site has Rachel scheduled to appear in court on March 13th. That, my friends, is a Tuesday. This “pre-trial” hearing has been assigned to a different courtroom from before. I don’t want to get anyone’s hopes up, but these signs do point to some forward movement.

I’m planning to be in court as much as possible. It’s amazing how long it’s taken to get Rachel’s case to trial. Think about this for second; Daniel is already on death row. He has been found guilty of the murders of Sam Herr and Julie Kibuishi. Yet, the woman who is only charged with lying about the murders after the fact still hasn’t faced justice. It would appear that the DA is the reason for the extension this time.

It won’t be a surprise to any of the blog readers when my book  explores the allegation that Rachel Buffett was completely involved in Sam and Julie’s murders and their attempted cover-up. I’m not a lawyer, but I’m guessing none of the information I’ve been given could be used against Rachel in court anyway. Isn’t that hearsay?

I’m hoping that Rachel’s trial will contain some evidence to either prove or disprove Daniel’s version of events.

Writing a book takes a lot of work. It’s time consuming. And this story is often emotionally painful to convey. In a perfect world, I’d have finished my book and told Daniel’s story (then I could just sit around binging the podcast My Favorite Murder all day) long before Rachel Buffett’s actual trial. Oh well. It’s not a perfect world. Now back to work for me.

By the way, a recent commenter suggested that Rachel Buffett’s name is spelled with one “t” like Buffet. The OC courts spell her name with two “t”s, but if Rachel would prefer I spell her name differently, she is welcome to message me through the blog or the Facebook page with that request.

Thank you for reading the blog!

Daniel Wozniak on LockUp (Part Two)

“She was my best friend. My only friend when you come to think of it; simply because I let no one in… Deep down I had a very low sense of self-esteem… God delivered me an angel… There’s nothing I wouldn’t do for her (even to this day if you can believe it). She was still part of my life for my first 3 months of incarceration – then I must have done something idiotically stupid…”  — from Daniel’s first letter to me, August 31, 2014

 It was the summer of 2010, and Daniel Wozniak had a problem.

Well, in fact he had several problems, not the least being his recent incarceration. Dan was sitting in the Orange County Jail facing charges of double murder.

He’d admitted to shooting his upstairs neighbor, Sam Herr, a 26-year-old college student and Army combat veteran. Dan claimed his motive was money. He had plans to clean out Herr’s rather sizable bank account. Dan told the Costa Mesa police that he also cut off Sam’s head and arms in a pathetic attempt to hide Sam’s identity.

Daniel Wozniak also revealed that he’d murdered Sam Herr’s close friend and tutor, 23-year-old Julie Kibuishi, inside Sam’s apartment. The plan was to frame Sam and make it look like he was on the run instead of missing.

Daniel had confessed to all of that. He was locked up in jail, and he was facing the death penalty.

Where’s Rachel?

But in August of 2010, what kept Dan up at night were thoughts of his (former) fiancée, Rachel Buffett, and how she’d recently ceased all communication with him.

The couple was supposed to be married the previous May, but Dan’s confession and subsequent incarceration derailed all plans for a romantic beachside wedding. Still, Dan was genuinely surprised when Rachel stopped writing, visiting and accepting his collect phone calls from jail. In fact, he was downright worried about her, and determined to figure out why Rachel had cut off all contact.

A month before, in July, the TV show Lockup was trolling for willing interviewees among the prisoners at the Orange County Jail. Daniel’s attorneys had warned him that the show’s producer would be on his tier and he should turn down any request to do an interview. That is exactly what he did.

Soon after, Daniel was moved over to the Main Jail (aka “the dog kennels”). Quickly, he noticed that the dayroom for D-MOD, his current home, actually had two telephones accessible to the inmates during their out-of-cell time: the usual phone for collect calls, and another, non-collect, phone available to inmates who were acting as their own lawyers (Pro-Per), or had special request documents from their attorneys allowing them access to non-collect calls. Phone time was also given to inmates as a “reward” for helping the Orange County Sheriff’s Department in some fashion.

Since Rachel Buffett had stopped accepting his collect calls, Dan coveted an opportunity to use that non-collect phone. After all, maybe Rachel was just short on funds and couldn’t afford to pay for the calls… (Or a stamp? She’d stopped writing as well).

Lockup To The Rescue?

Daniel was returning to his cell after a visit with his parents one day, and lo and behold, the same Lockup film crew was looking around his new tier in D-Mod.

Daniel wrote to me, “The same producer lady, Suzanne Ali, made eye contact and said, ‘I know you!’ I smiled and kept on walking right past them back to my cell. A couple minutes later, my door opens and I’m asked to return back to the rotunda area (from where I had just come)…”

This time, Suzanne Ali seemed more determined to convince Daniel to speak with her on camera. It seemed to Dan that Ali was buttering him up. She talked about how his case was “high profile,” and this could be Dan’s chance to “get his story out.”  (This was the first of many times Daniel would be offered that same opportunity by a TV producer.)

He wasn’t interested, but he “jokingly” asked Ali if he could “get paid for doing it.”

Suzanne Ali said Lockup couldn’t offer anything. And then the officer who was escorting the crew spoke up, and threw out a couple of options to convince Dan to agree to be on the TV program. (Daniel suspects this deputy was a member of the special handling unit involved in the Orange County Snitch Scandal, and was purposefully trying to get him to incriminate himself on camera).

So, readers… you can probably already see where this is going. Yup, Daniel agreed to be interviewed, but only if he could have access to the dayroom “free” phone.

First, he had to keep up his end of the bargain. Dan signed a waiver, was immediately put in restraints, and walked over to an open MOD in the main Women’s jail. The crew filmed him on the way (wearing his flood-length jail pants that looked like they came from the “Huck Finn” collection).

On the way over, Daniel couldn’t help wondering how angry this was going to make his attorney, Scott Sanders. (The answer to that: VERY).

The thing is, Dan had never heard of the show LockUp before they came into his MOD. He thought it was like a local cable access show with a very small viewing audience, and for whatever nutty reason, he thought it was a show to teach kids how to “follow the rules” or they could end up in jail like him.

He thought LockUp was like a combination “After School Special” and Scared Straight.

The group arrived at the filming area and the crew set up two chairs where Daniel and the Ali would sit during the interview. DDan was asked to do a sound check.

Way To Read The Room

Daniel Wozniak had been deeply involved in community theatre before his arrest. He’s done numerous sound checks in his life. Remember, Daniel and I met through theatre. As a director, I can’t tell you how many times I’ve heard an actor say “testies…testicles…” into a microphone. It is commonplace to kid around during tech setup in the theatre world. So, Daniel Wozniak, a man who regularly turns to humor when he is in an uncomfortable situation, smiled and looked into the TV camera and quipped:

I want people to know that I’m a good guy. I’m easy going. I enjoy long walks on the beach. I’m an Aries.

And that sound check became the introduction to Daniel’s Lockup interview.

Oops.

It was a completely inappropriate time for a lame joke. That bad is on him and he knows it.

Daniel Wozniak Describes His Lockup Interview

Here is how Daniel explains what happened next:

Ali goes over the format and what I should expect. She assures me that I’m going to be “running the show” and I won’t have to answer or talk about certain topics or specific details (if I don’t want to)… I reminded her that due to the fact that I hadn’t had a trial yet, I couldn’t go into details regarding the case itself – and to respectfully avoid those questions. I said I wanted to focus on the jail and the experience within… She agreed that would be a good “starting point.”

For the first 10 minutes or so, Ali asked me various questions about my life in jail and I gave my answers (At least 95% of which never made the final edit)… Then she starts broaching into my case (trying to get me to talk about it). I respectfully say that “I can’t comment on that at this time.” She returns to something more neutral but then jogs back to the case within the next couple of questions. For the first few times I’m calm, cool and collected when responding, “I can’t talk about that,” but the pattern continues and the two of us are becoming more and more frustrated. She keeps asking the same questions, and I won’t answer her.

Then Ali becomes like a detective – instead of asking me questions, she begins telling me some of the “facts” that are out there and wanting me to comment or explain. Since I say I can’t talk about the details, she asks me how I “feel” about some of the elements of the crime:

  • Are you happy that Sam and Julie are dead?
  • If this was the plan, are you pleased with how it turned out?
  • What are your feelings toward Sam and Julie – were they your friends?

She started flipping some of my own answers on me:

  • What would motivate you to kill two people when you say you have no reason and had nothing against them?

The questions kept coming and coming and I was approaching a breaking point… I told her “I don’t remember,” and “I’m not aware of what has been said.” So she asks me if I know what the newspapers are writing and people are saying about me. When I say “no” she gets one of her crew members to pull up a couple of articles for me to read… and he hands me his phone.

The articles that dude pulled up on his phone weren’t the basic informative New York Times style of articles. These were readers comments and what they had to say about the case and me. Reading one after the other, after the other, etc. – was not something I was ready for, especially when I was already at my “breaking point.” The emotion hit me like a tidal wave… water streamed out of my eyes and I couldn’t turn off the damn valve and make it stop! Complete and utter MELTDOWN. They had broken me and they knew it. At which point the interview was over.

Ultimately Ali didn’t get the story she wanted and I’ve always suspected she was pissed off about it and edited the episode to make me look as bad as humanly possible.

Not So Ready For His Close Up

If that was Suzanne Ali’s goal, she was damn successful. Let’s be honest here: The viewing audience didn’t feel sorry for Dan at all. This was a guy who had confessed to murdering two people.

When I watched the show the first time, I thought Dan was acting for the camera the entire time. and I’m sorry to say that I didn’t believe his tears at all. But really, after the confession, any words out of his mouth would make him look bad. The only way to avoid the problem would have been to not do the interview. That’s something Daniel Wozniak learned from his Lockup experience – don’t do interviews.

When Daniel and the crew got back to the “dog kennels,” the camera man asked about day to day life inside the OC Jail. That’s when they filmed Daniel shaving and creating culinary masterpieces. When the cell shots were finished, it was finally Daniel’s chance to reap the rewards of going though all that emotional turmoil.  It was time to go into the dayroom and call Rachel Buffett on the non-collect phone!

Time To Call Rachel!

Just before leaving, someone from Lockup asked Daniel if they could return and film one of his visits as well. There was no way Daniel’s very private parents would agree to be on camera. And even though she hadn’t spoken to him in a couple of weeks, Dan Wozniak thought he might just as well ask Rachel Buffett if she would be willing to be on the show.

Dan dialed Rachel’s number and after a couple of rings she answered the phone. From Dan’s telling, the call went something like this:

Rachel: Hello

Dan: Well hello to you too. Where the hell have you been?

Rachel: Dan?

Dan: Surprise!

Rachel: How are you calling me?

Dan: Just filmed an episode of Lockup and I got some free phone calls. Oh and by the way, the crew is still here and they were wondering if you want to be filmed visiting me.

Rachel: What?!

Dan: Can you come visit and be filmed for Lockup?

Rachel: No! Are you an idiot?

Dan: So I’ve been told.

Rachel: Why did you agree to do that??

Dan: Oh, I don’t know. Maybe because someone wasn’t answering her phone when I called.

Rachel: So you go on a TV show?

Dan: It was the only way I could talk to you.

Rachel: No. Dan. I’m sorry but this is not a good time. I really have to go. Can you call back later?

(Was she washing her hair??)

Dan: ummm I assume so.

Rachel: Ok, call me back later.

Dan: Just to be clear, that’s a “no” to visiting, right?

Rachel: Goodbye Dan.

(Click!)

Is anyone surprised that Rachel didn’t answer the phone when Dan called back?

BONUS!

Readers! I have a special surprise for you! One of you (thanks, Isadora!) discovered that the episode of Lockup is available for your viewing pleasure. It is now listed as “Facing the Death Penalty.” Here it is!

Lock Up / Lock Down: It’s an Honest Mistake

Hi readers. I apologize for the lengthy breaks between blog posts. I’m working on the book. It’s the holiday season. And, truth be told, there isn’t much to blog about in terms of Daniel’s case right now.

Originally, I planned to write a post all about the three-week long extended lockdown that took place in San Quentin State Prison this past September. In California prisons, a lockdown means inmates are locked in their cells twenty-four hours a day (this is probably twice as difficult for the prisoners who have cellies). For the duration of the lockdown, no visits or phone calls are allowed, and all classes and activities are suspended.

This topic seemed like the most noteworthy recent event in Daniel Wozniak’s life. But it wasn’t really a Daniel story, per se, so I put it off to write the last blog post, “It Worked for the Other Guy,“ about the major ruling in the Scott Dekraai case and the numerous connections to Daniel and his own trial.

While I was working on the Dekraai post, I asked Daniel to write me a letter describing what it was like for him during those three weeks being locked in a cell twenty-four hours a day.

However, we must have had a slight miscommunication issue. A week later, I received a detailed and interesting six-page typed letter from Daniel, but it was all about how he came to do an interview for the TV show Lockup six months after his arrest. Daniel wrote about being manipulated by the show’s producers and how his words were edited to make him look even more evil than he could have imagined.

Lockup, Lock down: It’s an honest mistake.

When I talked to Daniel after receiving his letter, I explained the whole “Lock down” vs “up” situation. He said he’d write me another letter, but pointed out that that being locked up all day, and having no visitors, calls, or classes, was the extent of the story. That’s why he thought I wanted information about his appearance on the TV show.

So, I’m afraid I won’t be blogging about the lockdown at SQ in this post. I’m sure I’ll revisit the topic at some point.

In case you’re disappointed about the lack of a lockdown story, I highly recommend checking out this story from San Quentin Radio.

Lockup: How to Make Egg Salad While Incarcerated

If you’ve been following Daniel Wozniak’s case for a while, you may have already watched the MSNBC Lockup Extended Stay: Orange County – Unholy Trinity episode that aired in 2011. If you haven’t seen Daniel Wozniak’s one and only on-camera interview, then I’m sorry to say you might have difficulty finding it now. It appears that two of the “unholy trinity” have been edited out of the show. The interviews with Jason Russell Richardson (aka “The Home Depot killer”) and Daniel are no longer part of the program in any of the versions I can find online. I don’t know about Richardson, but there’s still a bunch of legal controversy surrounding the show and Daniel’s case, so perhaps that is an explanation.

Nonetheless, I luckily had the full episode saved on my TiVo, so I was able watch it again before I wrote this post.

I first saw the Lockup episode when it originally aired six months after Daniel’s arrest. Orange County theatre people had been texting each other about how Wozniak was going to be on Lockup. At that point, I barely knew Daniel. I hadn’t started writing to him (or about him) yet. He was only that “actor from Nine who killed two people.” I couldn’t imagine what he would actually say in an interview.

Like everyone else, I’d read that Daniel confessed to murdering Sam Herr and Julie Kibuishi. But I’m a true-crime junkie, and I knew confessions are not necessarily the end of a story. I had met this man. I’d joked around backstage with him. I’d watched him perform on the stage of my theatre home.

Could that guy really have murdered two innocent people? Did I shake a hand that cut off a man’s head?

Doesn’t He Get It?

I had an open mind when I started watching that show, and then I saw Daniel Wozniak smiling into the camera and saying…

“I want people to know that I’m a good guy. I’m easy going. I enjoy long walks on the beach. I’m an Aries.” 

Ummm what did he just say??

Rewind… play….

“I want people to know that I’m a good guy. I’m easy going. I enjoy long walks on the beach. I’m an Aries.”

Dude! You are on Lockup! This is not an E-Harmony website!

Daniel Wozniak was off to a very bad start. I thought he must just be joking around. He couldn’t possibly think anyone cared about his astrological sign or the outdoor activities he used to enjoy.

And seriously, if you want people to think you’re a “good guy,” you probably shouldn’t commit murder. Just sayin’.

Next up, Dan gave the camera crew a tour of his humble abode: “Here is my sink.  Here is my toilet.”

It wasn’t a long tour – his sink and toilet were one and the same.

Good Eats: Orange County Jail Edition

When Daniel’s lunch was delivered (in a paper bag), he gave a food preparation demonstration in his cell. His lunch included a small container of carrots and a hard-boiled egg. Daniel explained how a clever convict could first eat the carrots, and then take the egg and some mayonnaise (lunch included an abundance of those little fast food mayo packets) and make egg salad in the now empty container.

That online dating video was getting more impressive by the minute.

There were shots of Daniel shaving with a tiny razor, footage of him on an escalator being escorted by a guard, and images of him sitting on his bunk. At one point, Daniel even read one of his favorite Bible verses for the audience.

Acting Oblivious? Or Just Oblivious?

When producer Suzanne Ali started asking Daniel questions about his case, he tried to avoid the topic. Daniel acted like he didn’t even know exactly what his own charges were. “They said I murdered two people. They said I dismembered one of them.”

Daniel talked about Sam Herr and Julie Kibuishi. How they were both great people, terrific friends, and would help anyone at any time.

It was clear to me that Dan Wozniak was attempting to perform for the camera. When he continued to claim ignorance about the details of his crimes, someone on the crew pulled out a cellphone and brought up some articles for Daniel to read.

As the camera zoomed in on the side of his face, Daniel scanned the phone screen. Seemingly overwhelmed with emotion, he started to cry. Even though he’d confessed to committing these crimes months earlier, we viewers were supposed to accept that Dan Wozniak was shocked to learn what was being written about him.

By the end of the show, I was completely convinced that Daniel Wozniak was a fake and a liar. Hell, maybe he didn’t even like long walks on the beach.

Up Next: Was Daniel Wozniak “Produced” by Lockup?

But in part two of this post, I’m going to give you Daniel’s explanation of how Lockup managed to make him look even worse than he already did, and why he even agreed to the interview in the first place.

I’ll give you a hint: it was all about talking to Rachel Buffet.

A Rachel Buffet Update

Speaking of Rachel – I attended her court hearing on November 28th. Technically she now has a trial date set for Feb 9, 2018. However, she still has a TRC (Trial Readiness Conference) scheduled for January 19th, so a lot can still happen before Rachel Buffett faces a jury. Fingers crossed, though.

It Worked For The Other Guy

I know I promised a post about the recent San Quentin State Prison lockdown, but I’m putting that on the back burner for a bit so I can discuss a major ruling recently made by Orange County Superior Court Judge Thomas M. Goethals in the case of the People v. Scott Dekraai.

Who Is Scott Dekraai?

Scott Evans Dekraai has the dubious honor of being the worst mass shooter in Orange County’s history.

On Oct 12, 2011, he walked into a Seal Beach hair salon and gunned down nine employees, patrons, and a bystander outside. Eight of the victims died in the attack, which Dekraai claimed was motivated by his anger over a child custody battle with his ex-wife. She had been one of the stylists at the salon, and died there.

As with Daniel Wozniak five months earlier, the Orange County District Attorney’s office sought the death penalty against Dekraai.

There would end up being many more similarities between the Wozniak and Dekraai cases, the most important being their shared attorney: Assistant Public Defender Scott Sanders.

The Wozniak – Dekraai Connection

Sanders would discover some troubling “coincidences” as he prepared to defend his two high-profile clients.

It turned out that while being housed at the Orange County Jail, both men had openly spoken about their criminal activities to another inmate. And this same inmate was, out of the goodness of his heart, willing to testify against Wozniak and Dekraai.

Attorney Scott Sanders didn’t buy it. He started digging into the background of this convenient informant, and ended up discovering a hidden system where inmates were cultivated and then rewarded for getting other inmates to incriminate themselves.

The Orange County Snitch Scandal

The Orange County Sheriff’s Office denied the existence of an informant program. The Orange County DA’s Office claimed no knowledge of such a program, and denied ever using any of the information gleaned from inmates. However, through the Wozniak and Dekraai cases, Scott Sanders brought what was to become known as the infamous Orange County Snitch Scandal to the light of day.

The Orange County Weekly journalist R. Scott Moxley has written numerous outstanding articles on the jailhouse informant controversy / snitch scandal. I highly recommended checking out all his work on the subject, especially a recent cover story about Scott Sanders.

The simplified version: the Orange County Sheriffs had their own “snitches” inside the jail trying to dig up dirt on prisoners, without those prisoners’ knowledge, or attorney consent.

That is illegal.

Perhaps you’re thinking, “That’s nothing compared to the crimes committed by Wozniak or Dekraai.”

True. No doubt about it. But through his research, Sanders discovered this infringement on inmate rights had gone on for decades in Orange County. These sneaky tactics had been used over and over again, but most cases don’t have as much damning evidence as was available in Dekraai’s or Daniel’s.

Sanders Files Motions

Defense attorney Scott Sanders wrote long, detailed, and example-laden motions for each of his clients. The one for Daniel’s case was over seven hundred pages long. The Dekraai motion was over five hundred pages. With these motions, Sanders requested hearings on the legality of having a death penalty sentence in two cases that were so tainted with misconduct on the part of the Orange County justice system.

Judge Thomas Goethals, who presided over the Scott Dekraai case, read the lengthy motion submitted by Sanders and agreed to a hearing.

Goethals decided to completely remove the Orange County DA’s Office from the Scott Dekraai case. Judge Goethals stated that Dekraai could not receive a fair trial from Orange County. The case was then handed over to the California Attorneys Generals Office for prosecution. The Orange County DA fought the ruling and lost.

On a side note, Scott Dekraai actually pled guilty to eight counts of murder back in 2014, before all the informant scandal brouhaha. Scott Sanders wasn’t attempting to get either of his clients released. Dekraai’s guilt was not in question. The issue was how he would be punished.

When Dekraai’s case was handed over to the Attorney General’s office in 2015, it was presumed the death penalty would be dropped.

That’s not what happened.

The Dekraai Decision

Finally, Judge Goethals shocked everyone on August 18, 2017, when he ruled that Scott Evans Dekraai, the worst mass killer in the history of Orange County, would no longer be eligible to receive the death penalty. Instead, Goethals sentenced Dekraai to “eight consecutive sentences without the possibility of parole.”

 Family members of Dekraai’s victims had mixed reactions. There had been a desire to see this killer face the ultimate punishment, but there was also a sense of relief to have the trial over. But a question remained: would those responsible for the illegal informant program be punished for their own crimes? Judge Goethals stated when handing down Dekraai’s sentence, “No individual or agency is above the law.”

Read the Ruling

I’ve attached the nineteen-page ruling by Judge Goethals – which is more interesting than you’d think – but if you don’t want to read it, it basically states that taking away the death penalty was his method of punishing the OCDA for wrongdoings (“Sanctions related to ongoing discovery abuse.”)

Goethals clearly wasn’t happy about having to make this choice. From the ruling:

If this case had been prosecuted from the onset by the Orange County District Attorney within the most fundamental parameters of prosecutorial propriety this defendant would likely today be living alongside other convicted killers on California’s Death Row in the state prison at San Quentin.

And the Wozniak Decision?

That brings us back to my friend Daniel Wozniak, who has been living on death row for a year now.

Judge John D. Conley, who was presiding over Daniel’s case, received Scott Sanders’ 754-page motion, but somehow didn’t find it convincing enough to even grant a hearing on the question of prosecutorial misconduct.

Conley himself was actually named in Sander’s motion for possible involvement in the use of illegal informants during his own time as a prosecutor, but that probably didn’t influence his decision at all… right?

Where Judge Goethals saw egregious behavior on the part of the Orange County Sheriff and the Orange County District Attorney’s Office, Judge Conley detected no infringement on Daniel Wozniak’s constitutional rights.

I have to say though; Judge Conley must have seen some similarities in the two cases because during Daniel’s trial, Conley once accidentally referred to him as “Daniel Patrick Dekraai.”

Look I’m no “Rocket Lawyer” (“Lawyer Scientist?”), but it sure looks like Daniel will have some major, taxpayer funded, appeals coming his way specifically because of Judge Conley’s refusal to hold a hearing about the use of illegal informants.

I heard (and read) Matt Murphy’s repeated claims that the prosecution wasn’t planning to use any of its illegally obtained information during Daniel’s trial, so nobody’s rights were violated.

Rachel and Tim are Charged… A Consequence of Informant Info?

Although, two years after the crime, and soon after Daniel’s contact with the snitch, the OCDA arrested and filed charges against Rachel Buffett and Daniel’s brother, Tim.

They found out some new information… somewhere…

Even if the Orange County District Attorney learned absolutely nothing from the OC Sheriffs to “use against” Daniel Wozniak during his trial, they still violated his rights. Judge Goethals didn’t need to see the District Attorney’s office use illegally obtained information against Scott Dekraai before he decided to punish the DA by taking away the death penalty.

The Future For Wozniak and Dekraai

Right now, Daniel is on death row, and Scott Dekraai will be heading to a maximum-security prison for his eight life terms without parole. We can assume both men will die behind bars.

But with over seven hundred death row inmates ahead of him, there is a very low likelihood Daniel will ever be executed by the state of California. There will be a lot of money spent on him before he, one day, dies of natural causes.

Maybe there are family members of Dekraai’s victims who are livid that their murderer escaped the death penalty.

During the punishment phase of Daniel’s trial, we heard gut wrenching testimony from the loved ones of Sam Herr and Julie Kibuishi. There was no doubt they wanted Daniel Wozniak to die in San Quentin (sooner rather than later). Sam’s dad, Steve, called Daniel the “poster child” for the need to have a death penalty in California. So, maybe it gives the families a tiny bit of relief from their misery imagining Daniel living “under the threat” of death every day. If so, that seems as good a reason as any for Daniel to be on death row.

I suspect Daniel will spend quite a few years in his current location, but will eventually have his death penalty overturned on appeal.

Don’t stress out though. He’ll still die behind bars. Just not with a view of San Francisco Bay.

More Articles About Goethals and the Dekraai Sentencing

Responding To Your Comments and Questions

Hello Blog Readers!

I wanted to check in with you guys and let you know I have been busy writing the book. It means a lot to me when commenters say they are looking forward to reading it. I wish I could write it faster. It would nice to have all the time in the world to work on it. It will be done, though… I promise.

Killing for You

I know there was another book recently released about Daniel Wozniak and the brutal murders of Sam Herr and Julie Kibuishi. It’s called Killing for You, by Keith Elliot Greenberg.

Have any of you read it yet? I plan to. I’m writing more than I’m reading these days, but I did buy it for my bio-mom. She said, It’s written well,” but his style, “isn’t very exciting.” Also, she didn’t learn anything new about Daniel or the case. In Greenberg’s defense, she does have some insider knowledge.

The Author’s Visit

During Daniel’s Wozniak’s first year of incarceration at the Orange County Jail, Keith Elliot Greenberg contacted him about writing a true-crime book. Mr. Greenberg did not make a great first impression with Daniel when he showed up one day, without warning, during Daniel’s visiting time at the OC Jail. Daniel was brought in for his visit expecting to see his mom and dad, and instead saw this “Jim Henson look-alike” waiting for him.

Reporters are supposed to go through a specific process to visit with inmates. They are expected to identify themselves and, if an inmate agrees to be interviewed, the reporter will not take up regular visiting time.  Sometimes a writer hopes to surprise an inmate and perhaps catch him off guard.

Daniel suspected this was the case with Keith Greenberg and immediately ended the visit. He told Mr. Greenberg to go back to check in and tell them Daniel Wozniak had refused to talk to him.

Killing for You is not going to give you any insights into Daniel’s motive or his account of the murders of Sam Herr and Julie Kibuishi. However, Mr. Greenberg most likely had a great deal of access to the friends and loved ones of Julie and Sam. That’s the part of the story where I’m sadly lacking, and maybe Keith Greenberg’s book will give me some insight.

What To Expect From My Book

As for my book, well you’ve probably already figured out it is not going to be a typical true crime book. I am going to piss some people off, and hurt some people emotionally. I don’t take this fact lightly.

Maybe that’s why I’m so slow to finish my book. Plenty of people will read it and call me (well…Daniel Wozniak) a total liar. It will be up to you what you choose to believe in this story, but I’m guessing many of you will, as I do, find Daniel’s explanations to be believable…

My book will not try to convince you that Daniel isn’t a murderer. My friend is a murderer. I understand and accept that fact. There is nothing that can be done to change that. But I’m also going to try to show you there’s more to Daniel Wozniak than the worst thing he ever did, and that he was found guilty of some crimes he did not commit.

Who (Else?) Done It?

“But Murderer Musings, if Daniel didn’t do something, then who did?”

“Good question, Clever Reader. But you know I’m not going to tell you that in the blog. That’s for the book.”

I have to admit; you readers are coming up with some pretty accurate scenarios with your comments. I’m impressed.

My daughter is binge watching Game of Thrones. She wants to be caught up before the final season airs. I’ve been watching from the beginning and know everything that’s happened up to now. When she talks to me about episodes from early seasons, and makes predictions about the future of the show’s characters, I’m not allowed to say anything in response. I can’t even make a facial expression because she’s worried I’m somehow going to give something away.

This is the same reason I don’t answer your questions about motive, and the possible involvement of other people in this crime.

Objectivity

Readers often comment on the blog and Facebook page that my writing isn’t “objective.”

Objective (of a person or their judgment) – Not influenced by personal feelings or opinions in considering and representing facts.

I might as well just set this straight right now: My book will not be objective. It will most definitely be influenced by my own personal feelings and opinions. I’m also completely aware that Daniel could be lying to me about everything.

Has he possibly stretched the truth or misremembered a piece of the story? Maybe. But I think he’s been truthful with me. You guys will have to read and judge that for yourself.

The ultimate truth is, Sam and Julie are dead. Neither of them did anything to deserve being murdered. That, I do know. There is nothing that can bring them back or stop the pain felt by the Herr and Kibuishi families. I also don’t believe they’ve received all the justice they deserve.

By the way, it appears Rachel Buffett’s trial (accessory to murder after the fact) has been pushed back to October sixth, 2017.

My Identity

To answer another common comment: I am definitely going to reveal my identity when the book is published. Not that it’s such a big deal, but at this point I might just as well wait and spill that information when I spill everything else.

A Recommendation

Hey, if you’re a podcast listener, I highly recommend checking out Ear Hustle. It’s from inmates in San Quentin. It’s not from death row, it’s the mainline, but it’s a great podcast. It’s funny, touching and informative.

In the next post, I’ll tell you all about the recent nearly three-week long lock down at San Quentin (which they mentioned on Ear Hustle).