Month: October 2016

48 Hours

Another news show aired an episode about Daniel Wozniak’s case. This time, it was 48 Hours.

I seem to get a bunch of new readers whenever a show airs. People learn about Daniel’s case for the first time, Google him, and then find my blog.

Hi new people. I’m happy to have you here. Welcome.

I hope you’ll read the entire blog from the beginning before you go comment crazy. Try to remember, I wrote the posts before and during the trial. I learned as I wrote. And I’ve probably already answered a lot of questions you might have.

I know the murders of Sam Herr and Julie Kibuishi are horrible. Daniel Wozniak’s confession of how and why Sam and Julie were killed is disturbing and gruesome. The man shown on that police interview video seems like a monster, but that’s not the guy I visit. In part, I write to make sense of my friendship with him.

Now let’s talk about 48 Hours.

Daniel Wozniak and the True Crime TV Shows

Arguably, Dateline, 20/20, and 48 Hours are the “big three” of hour-long news shows. On January 15, 2016, Dateline’s episode started the trend of covering Daniel’s crime. It was two hours long, it had an interview with Daniel’s ex-fiancée Rachel Buffett (shot years earlier), and most importantly, it was first.

When 20/20 aired their program about Daniel Wozniak on March 4, 2016, I followed along on social media. Many of the commenters complained this was the exact same show seen on Dateline.

The 20/20 episode did have a brief interview with the jurors (I wish there had been more of them). They also had court updates, but overall, I have to agree with the detractors: the story was told the exact same way.

48 Hours On Daniel Wozniak

On October 8, 2016, a month after Daniel was sentenced to death row, 48 Hours aired “Killer Performance,” their version of the Daniel Wozniak crime.

48 Hours had an interview that no one else had. It was an interview with me. They asked me not to make that information public until after the episode aired.

If you’re wondering how you missed the woman with My Little Pony-colored hair, that’s because I wasn’t on the show. The producer sent me a text the day before to let me know my interview didn’t make the edit.

This did not surprise me at all.

I’d seen a promo for the episode a few days before and, quite frankly, it looked like 48 Hours wasn’t doing anything different from the shows that had come before it. I figured if 48 Hours was going to use my interview, there would have been some mention in the promo about hearing from a “friend of the killer.”

Behind the Scenes

From the beginning, I suspected 48 Hours interviewed me as a way to butter me up.  I had arranged for the producer of 20/20 to briefly meet Daniel during one of our visits, and the 48 Hours producer was hoping for the same opportunity. Or more.

If you remember from my post, I considered interviewing Daniel myself, as I was the only person he’d allow. Finances and logistics got in the way, but part of me really wanted the world to hear from the person I know. All anyone saw was his expressionless face (except for those poorly timed smiles at me) during his murder trial.

Yes, I know some of you don’t give a flying pig what he’s like. But lots of other people are damn curious about Daniel, and that’s why I wasn’t surprised TV producers were trying to use me to get to him, and 48 Hours worked the hardest.

On the day they shot the interview with me (at CBS Studios in Los Angles), I mentioned how Daniel actually had agreed to let me interview him on camera, and how I couldn’t swing it.

A month or so later, the producer approached me with an intriguing offer. She wanted me to interview Daniel on 48 Hours’ dime.

Wow.

When I brought the idea to Daniel, he had a lot of questions. Mostly, he didn’t particularly like the answers he got back.

  • He wouldn’t be able to know the questions in advance.
  • I wouldn’t be able to know the questions in advance.
  • I wouldn’t be seen on camera at all (I was fine with that).
  • I wouldn’t get to see the final edit before it aired (I wasn’t fine with that.)

When you get down to it, this wasn’t going to be his friend interviewing him. This was going to be 48 Hours interviewing him. He didn’t like that.

He also didn’t say no.

There were some financial and promotional benefits for me if he did the interview. Even though Daniel Wozniak is quite skeptical there is a positive side to showing himself to the public, he stayed open to discussing the possibility.

Then he let me decide.

I didn’t tell that to the 48 Hours producer (until now, I guess). I was a chicken. It was easier to have her think I didn’t have much say in the decision.

Don’t get me wrong, Daniel did not want to do the interview. He wouldn’t agree to meet with the 48 Hours producer at all, and she really wanted the opportunity to plead her case to him. It would not have made any difference though.

I never found out exactly why Daniel agreed to meet the producer from 20/20, but not the one from 48 Hours.

Eventually, after a lot of thought, there was no interview. I’m sure Daniel was relieved I made that choice.

It makes you wonder how different the entire episode would have been if they’d had that jailhouse interview with Daniel.

Even though 48 Hours did pretty much the same show as 20/20 and Dateline, I felt it was slightly more one-sided than the other programs. I didn’t like how the show made it seem like Daniel had no one supporting him. Daniel did not want his mother or any of his loved ones to suffer even more than they’ve already had to because of him.

The show did include a much too brief interview with the stage manager of the production Daniel and Rachel starred in at the time of the murders. Overall though, I didn’t think 48 Hours added much to the mix of media coverage for this story. Sure, they were able to show clips from Dr. Phil and Lockup, but those shows have been on YouTube for years. As is, I wonder if some true crime fans even bothered to watch 48 Hours (my mom didn’t).

I’m sure there are lots of people who don’t watch every news crime show on TV, so they learned about these murders for the first time from 48 Hours. Some of those viewers have made their way to me. I hope they stick around and read up on this case, because I do not believe the full truth about the murders of Sam Herr and Julie Kibuishi has been told yet.

Sentencing Day Part Two: Victim Impact Statements

Judge Conley made quick work of striking down defense attorney Scott Sanders’ motion for the removal of the death penalty in Daniel Wozniak’s sentence.

Conley explained why he planned to go along with the jury’s decision to choose death:

Daniel had no previous crimes or signs of violence in his past. The jury had seen Daniel’s performances in Nine on the weekend of the murders and Daniel appeared fine. The jury rejected any argument that Daniel had been manipulated by Rachel Buffett. Judge Conley also stated there was no evidence from Daniel’s family to support him. His strongest reason for following the recommendation of the jury was that Daniel murdered two of his own friends so he could “get married and honeymoon in style.”

At this point in the sentencing hearing, Jude Conley hadn’t actually said the words “death sentence,” but there was no doubt in anyone’s mind Daniel was about to be sent to San Quentin.

Victim Impact Statements Prior To Sentencing

When court resumed after lunch (I ate crackers, cheese, an apple and a chocolate protein bar), it was time for the victim impact statements.

Now was the opportunity for those who loved Sam and Julie to speak, unhindered, on how the murders directly affected them. Considering the number of people who came to court that day, I was expecting a lot more people to speak, but only four family members ended up giving statements.

Sam Herr’s Family Victim Impact Statements

Sam’s cousin Leah was up first.

She talked of how she and “Sammy” were more like siblings than cousins. She described Sam as kind, loving and generous. She acknowledged Sam’s “difficult” time as a young adult, but her cousin had redefined himself in the Army and was trying to “pay society back” for his mistakes.

Leah imagined her own nine-year-old daughter speaking directly to Daniel Wozniak, and how the child would tell him that her uncle was only trying to help him and would have loaned Daniel the money.

Sam’s aunt Miriam spoke next. She said she should be able to speak for seven hours, one hour for each year the Herr family waited for justice.

Miriam’s anger toward defense attorney Scott Sanders was palpable. She accused Sanders of trying to gain his own glory from Daniel’s trial. Sam’s aunt finished her statement with a hope that Sam and Julie would be guarding the gates of heaven to keep Daniel from entering when he dies.

Steve Herr’s Statements

The final member of Sam’s family to speak was his father, Steve Herr. His wife Raquel stood next to him.

Steve made a request of all of Sam’s fellow veterans who’d come to court that day. He wanted them to join him and Sam’s mom at the podium. I think there were eight of Sam’s Army friends flanking the Herrs and supporting them during Steve’s statement.

He began by thanking Judge Conley, Matt Murphy, and the Costa Mesa Police for all their hard work. He expressed sympathy for the Kibuishi family.

Steve Herr said he could speak for hours about his son Sam, who he and Raquel loved with all their hearts.

A letter was read from Army Capt. Benjamin Kilgore, Sam’s troop leader in Afghanistan. Capt. Kilgore praised Sam’s character and bravery as a U.S. soldier.

Steve Herr looked at Daniel and reminded him about the man he’d murdered, stating that Daniel Wozniak is the “poster boy” for the need of a death penalty in California.

At the end of his victim impact statement, Steve Herr voiced that his “only regret” was that the state of California wouldn’t let him “kill this coward” himself.

Do you think it would make Steve Herr feel a little better if he could punch Daniel in the face really hard just one time? Daniel is my friend, but I certainly wouldn’t begrudge any of Sam’s or Julie’s people the opportunity to punch him in the face. I don’t think Daniel would even complain about that. I really don’t.

 You know what though? I think some of them would trade the chance to punch Daniel if there was an opportunity to punch Scott Sanders in the face. I’m not saying it’s deserved, but there is a lot of anger aimed at Scott.

Julie Kibuishi’s Family Victim Impact Statements

The final victim impact statement was made by June Kibuishi, Julie’s mother, while her husband Masa stood next to her at the podium. She looked directly at Daniel and began, “On May 22, 2010, you took my beautiful precious daughter’s life,” by murdering Julie and then disgracing her to use her as a decoy.

June Kibuishi talked about how her family came from Japan more than thirty years ago so they could give their children a better life. The Kibuishis taught their kids to be good people with loving hearts, but June’s own heart was, “ripped apart when (she) found out what happened to (her) baby.”

Julie’s mother sobbed as she asked Daniel Wozniak how he could “take away (her) baby.” She berated Daniel for showing no remorse or guilt in the courtroom, instead smiling and enjoying being the center of attention, and “if anyone deserves the death penalty, it’s him.”

June may have been the only Kibuishi family member to speak, but she packed enough of an emotional wallop for her entire family.

I’ve wondered how the families made the decision of who would talk at Daniel’s sentencing hearing. Were there some family members who knew they wouldn’t be able to even get words out, or others who though they might explode with anger if they looked at, and spoke directly to, Daniel Wozniak?

It makes me think of footage from the Jeffrey Dahmer trial. A woman who was the sister of one of his victims had to be restrained by deputies when she came at Dahmer screaming, “Jeffery, I hate you!” No, I am not comparing Daniel to Jeffrey Dahmer in any way. I’m just contemplating the level of anger a person must feel in that situation, and how challenging it would be to keep your calm.

Daniel did look directly at the speakers during their statements. Well, actually I couldn’t see him during Steve Herr’s statement because of all the Army guys (Not that I’m complaining about the view at that point).

Daniel Wozniak’s Response To The Victim Impact Statements

I know many people probably saw Daniel as expressionless because of what appeared to be a lack of emotion on his face. One journalist asked me if I think Daniel is a psychopath. I said no. I don’t.

I think he was just really listening, and probably trying not to have any expression on his face. If he cried, people would think he felt sorry for himself or, worse yet, he was “acting.” I saw a man who is genuinely contrite, but that’s probably because I know he is.

Judge Conley Sentences Daniel Wozniak

It was 2:15 PM on September 25, 2016, when Judge Conley read the official sentencing.

Daniel Wozniak was given two sentences of twenty-five years to life (the extra sentences were unexpected), and the death penalty.

He was to be sent to San Quentin State Prison and placed in California’s only death row facility within ten days of the sentencing.

Before court adjourned, Judge Conley set one final hearing for the following Friday. This was to settle the specifics of the financial restitution that Daniel Wozniak will pay to the Sam’s and Julie’s families.

Prosecutor Matt Murphy was so enthusiastic about getting Daniel on his way to San Quentin, he suggested Daniel be driven the over four hundred miles right away and then be driven back to appear in court the next week. Judge Conley turned down that plan, but I suspect Matt Murphy would have offered to drive Daniel to San Quentin himself.

Let’s just take a moment to imagine Matt Murphy behind the wheel of what I’d imagine would be a black Mercedes M-class, a shackled Daniel Wozniak riding shotgun. What station would be on Matt’s radio? I’d like to imagine him picking an old standards station. I can just see the two of them on the open highway, both singing along to Frank Sinatra’s “Strangers in the Night.”

Daniel Wozniak Leaves The Orange County Jail For San Quentin’s Death Row

 Today I received my last letter from Daniel at the OC Jail. He’d written it just after I left on Sunday night. He said that as soon as our visit ended, the deputies told him to prepare to leave or “roll up,” if you’re using the vernacular of the incarcerated. That probably means they drove to San Quentin in the dark. I wonder if Daniel slept at all. I think he was planning to stay awake and see as much as he could see.

Some of you won’t be happy to learn this, but Daniel isn’t scared or worried to be going to death row. He has a pretty good sense of what it will be like in there and already has friends “on the row” who he met when he was in the OC Jail.

Also, once a person is actually in prison, there is access to a lot more creature comforts. So, he’s not really worse off. He did say he’d miss seeing me every Monday, but he’s pleased to have access to the San Quentin law library where he can find information for his own case, but more so, to help other inmates with their legal issues.

Daniel Wozniak will never be able to make up for what he took from the Herr family and the Kibuishi family, but all he can do now is try to move forward, and be his best self from here on out. I think that’s the most anyone can do.

Sentencing Day

It’s official. Daniel Wozniak is on his way to death row.

Literally. As I’m writing this on Monday, October 3rd, he’s being moved to San Quentin.

Normally, I visit him on Mondays.

Daniel didn’t know precisely what time he’d be leaving today because inmates aren’t given an exact time of departure. It’s a security risk.

However, if he was still at the OC Jail, Daniel was scheduled to have an early morning day room time today. He told me he would call me during day room (which he’s done pretty much every day for the past two years). If there was no phone call, then he was already gone.

No phone call.

2b54199e-8626-4812-a13a-b72b66714537I’ve spent a lot of time with Daniel this past week, so I’m behind in getting a post out. I’ve been visiting him officially as a member of the media. That meant I was able to visit him during off hours, and for much longer visits.

I left the Orange County Jail at 10 PM last night. The visiting room can be a little spooky when the place is empty. More about all that in another post.

Anyhoo – Let’s get to Daniel Wozniak’s sentencing hearing.

The Sentencing Hearing of Daniel Wozniak

On Friday, September 23, 2016, Judge Conley did the expected. He followed the jury’s recommendation and sentenced Daniel Wozniak to San Quentin’s death row.

8cced811-57d3-46f2-b8f5-73532798beacThe courtroom was packed that day. Many of the seats were filled with Sam’s and Julie’s family and friends. Relatives had even flown in to witness Daniel Wozniak’s sentencing. The Herr family brought an Army battalion (I’ll explain that when we get to the victim impact statements in the next post).

The rest of the place was filled with reporters, producers, news cameras, photographers, lookie-loos, and at least four jury members (three sat next to me and the forewoman sat between Sam’s mom and his aunt). There were also three extra Sherrif’s deputies.

Then there was me.

I felt really small and out of place. It was an odd experience knowing that everyone else in the crowd wanted my friend to die. The atmosphere in the courtroom was almost jovial. Before the hearing started, and during the breaks, people seemed cheery, energized and excited. It was as though this was an audience about to see a sold out performance of Hamilton. (I wish.)

I can understand why people hate Daniel so much. My own Facebook feed was riddled with posts from theatre friends with comments like ”it’s about time” and ”if anyone deserves to die it’s this guy,” interspersed with links to newspaper stories about the sentencing.

I had similar views when I first heard all about Daniel Wozniak’s crime. I wasn’t wishing death upon the man, but geez, he murdered a vet.  He dismembered the guy. He murdered an innocent girl to put the blame on the vet. He did all this to pay for his wedding and honeymoon. Yikes!

That is the prosecution’s story, and a lot of people believe it completely. Daniel Wozniak has never spoken out in his defense. The video footage of Daniel’s confession is all most people have ever heard. It’s not a far leap to assume that Daniel Wozniak is an evil and unredeemable sub-human.

I don’t believe the entirety of the prosecution’s story though, and I do speak with Daniel all the time.  I know a different person from the monster described in court.

Does that mean I don’t want him to go to San Quentin’s Death Row?

Actually, I’m okay with it.

If the Herr family and the Kibuishi family got some closure, relief, vengeance even, from Daniel receiving the death sentence, then I am not going to argue with that.

As Daniel’s friend, though, I’m glad we are in California. The last time someone was put to death in this state was 2006, and there are over 700 death row inmates ahead of Daniel.  Also, California just might abolish the death penalty in November’s election.

I don’t want Daniel to be put to death. I believe that he still has something to offer to the world (or at least his fellow inmates).  Daniel knows he will never make up for what he took from the Herr and Kibuishi families. But I’m going to use that old death penalty opponent’s argument and point out that taking Daniel’s life won’t bring back Sam and Julie.

Daniel Wozniak will likely never see the inside of San Quentin’s execution chamber. His death sentence is really more of a life-behind-bars sentence. It is also only the beginning of what will be years and years of appeals.

And yes, I will be taking some road trips up North to visit death row.

Sanders’ Last Motion

Defense attorney Scott Sanders fought the death penalty sentence until the last second.  He even filed another one of his famous (or infamous, if you ask the Orange County DA’s office) motions that same day, requesting the death penalty be dropped or Daniel be given a new penalty trial.

Sanders argued that Matt Murphy and the Orange County District Attorney’s Office have shown obvious inconsistencies in what has been said about Daniel’s ex-fiancée, Rachel Buffett, and her possible role in the murders of Sam Herr and Julie Kibuishi.

It turns out, in his indictment against Rachel, Murphy claimed that he knew she was involved, or at least had complete knowledge of the murders, and that she definitely tried to help Daniel cover them up.

During Daniel’s trial, Rachel came off as an innocent victim, the deceived fiancée. Upon learning the horrible truth, Rachel Buffett behaved like a dutiful citizen, and was instrumental when it came to helping the police obtain the evidence needed to prosecute Daniel.

So which Rachel is the correct one… and how can the OCDA go on the record saying both of these descriptions are true?

If investigators believe Rachel was a conspirator, shouldn’t Daniel’s jury have been told? If you remember from Daniel’s trial, in closing arguments Matt Murphy said the jury could go ahead and assume Rachel is guilty of something, but don’t let that change anyone’s opinions about Daniel.

I think Scott Sanders’ point is that Daniel received the death penalty because of the special circumstances surrounding his case, specifically the motive of financial gain. But what if the motive wasn’t money?

Scott Sanders wanted an opportunity to re-question Detective Jose Morales regarding the credibility of his testimony about Rachel’s possible involvement in the murders. Sanders didn’t believe Morales had been entirely credible. Perhaps the detective actually did learn some pertinent information from the jail house snitch who was put in place to manipulate Daniel into talking.

Sanders reiterated that the defense has fought tooth and nail to have access to the informant information. He even predicted that more information would conveniently be discovered after Daniel has been sentenced.

Scott Sanders hasn’t earned many friends in the courtroom. His statements often elicited eye-rolling and groans of disgust from the majority of the onlookers (including those jurors next to me). Matt Murphy even enjoyed getting in a few barbs by making fun of Scott Sanders verbosity and claiming that if Sanders wasn’t “accusing people of misconduct,” he’d only speak for five minutes.  The crowd guffawed at that one.

Umm Matt, you talked way more than Scott did during the trial. Just sayin’.

Scott Sanders also wanted the opportunity to question the informants themselves to see if they had any favorable statements about their observations of Daniel Wozniak.

I’m sure the jury wouldn’t have cared either way.

Judge Conley called this a “sleepwalker scenario,” claiming it wasn’t important if Daniel “did good deeds, but didn’t know it.”

You completely confused me with that argument, Your Honor. Just because Daniel doesn’t testify about how he often helps out other inmates, doesn’t mean he’s unaware that he does it. The only way the jury could learn about Daniel’s “good deeds” would be from the observations of others.

Judge Conley also accused Scott Sanders of trying to get in the “back door” by filing this last minute brief. He then struck down the entirety of Sanders’ brief, calling it “untimely.”

Since his client was about to be sentenced, though, I’d say Sanders’ continued attempts to save Daniel from death row seemed pretty timely.

The death penalty was not dismissed and a new trial will not be granted.

In fact, Judge Conley acknowledged that there was misconduct in Daniel Wozniak’s case, but he still believed that Daniel got a fair trial.

Wait. What?? Someone got that statement on the record, right?

Clearly nothing was gong to derail Daniel’s train to execution town.

Coming Next…

I’ll tell you about the victim impact statements in part two of this post. It won’t take long, I promise.