Is He Guilty?

Whenever I write about Daniel Wozniak, I make sure to use terms such as alleged or accused or suspected as I talk about him being a possible murderer.

I believe in all the “a person is innocent until proven guilty” business we talk about in the United States.

We can’t forget that Daniel hasn’t been tried yet.

I feel kind of bad for Daniel when he’s referred to as a “brutal killer” in the headlines, but he tells me he’s used to it.

He actually did plead “not guilty” at his arraignment.  He is in jail awaiting trial, not serving a sentence.  Technically, he could have been awarded bail. There are other people who are facing charges for this same crime, and they are out on bail.

Why didn’t Daniel Wozniak get bail?  Well, because he confessed.

Yes, I know.  That doesn’t look good for my friend.

Does The Confession Guarantee He’s Guilty?

Here is the thing about confessions: they can’t always be trusted. Sometimes, they are coerced.

Let’s play devil’s advocate (no pun intended) here for a minute.

Perhaps there are some reasons why Daniel’s confession could be taken with a grain of salt:

  1. No lawyer present!
  2. The police threaten the woman he loves with a long prison term if someone else doesn’t take the blame.
  3. He wants to protect members of his family.
  4. No lawyer present!
  5. It takes five different versions of said “confession” before the police think it’s plausible enough to go along with whatever evidence they have.
  6. He is very drunk when he is questioned by the police because he was arrested at the end of his bachelor party.
  7. He is young and naive (only 26 at the time) and believes in the system.
  8. He is young and cocky and believes he is smarter than everyone else (Sorry Daniel, I have to call it like I see it).
  9. Oh and did I mention; NO LAWYER PRESENT!

I’m not willing to completely accept the word of the police, or to call my friend a murderer, unless he confesses to me himself.

Which he hasn’t.  In fact, he’s hinted that the real story is quite different from the one the authorities are telling.

Do I think he is innocent?

Hmmm… No, he’s probably not completely innocent of this crime.

Do I believe that he managed to…

  • Lure a 26 year old combat veteran to a public theatre on a joint forces training base in Los Alamitos, California on Saturday afternoon.
  • Murder the man by shooting him twice, then leave his body hidden in the building.
  • Perform that night as the lead in a sold-out musical with his supposedly unsuspecting fiancé.
  • Return home with his fiancé after the show.
  • Use the murdered man’s cell phone to impersonate him in a series of texts to a young woman who is friends with the man.
  • Convince her to come to the murdered man’s apartment that night (which is in the same complex where Daniel lives with his fiancé).
  • Sneak out of his own apartment, unbeknownst to his fiancée, and go to the murdered man’s apartment to meet that young woman.
  • Shoot her twice in the head.
  • Stage her body to look as though she had actually been raped and murdered by the man who lives in that apartment.  The man who is actually dead in a theatre about twenty miles away.
  • Sneak back into his own apartment and have a good night’s sleep with his fiancé curled up next to him (with no sign that anything out of the ordinary had taken place).
  • Wake up on Sunday, acquire some sharp cutting tools (I’ve read a couple differing statements about exactly what tools and where they were acquired), manage to ditch the fiancé again, and go back to the to the training base.
  • Get the tools into the theatre building in order to decapitate the murdered man and cut off his arm and hand.
  • Sneak presumably blood covered tools and body parts out of the building in the middle of the day.
  • Dispose of the body parts in various areas of a nearby popular nature reserve on a Sunday afternoon.
  • At some point, return home to extremely patient fiancé.
  • On Sunday night, perform as the lead in a sold-out musical with his fiancé.

I’m not quite sure if Daniel is alleged to have disposed of the body parts in the afternoon or at a later time.  However, if he still had them when he returned home, then he managed to hide them from his fiancé Rachel until he was able to get rid of them.

“Just ignore those body parts in the trunk of the car, honey.”

Please don’t get me wrong.  I’m in no way belittling what happened to these victims and their families.  The part of this crime that can’t be debated is that Sam Herr and Julie Kibuishi are dead.

Do I Think He’s Guilty?

I’m just not positive that my friend, Daniel Wozniak, is the person who killed them.

I’m not positive he didn’t either.

But doesn’t this all seem a little implausible…?

Let me know what you think—leave a comment!

The Victims

Since I am no longer using a pseudonym for Daniel, I feel that it’s only appropriate to stop using pseudonyms for the victims.

Daniel Wozniak is accused of the cold and calculated murders of two college students.

In my early posts, I used pseudonyms for Daniel and for his alleged victims. I called them “The Vet” and “Tutor Girl.”

“The Vet”

Daniel and “The Vet” were neighbors. They lived in the same apartment complex in Costa Mesa, California. The police believe that Daniel murdered “The Vet” in order to clean out his bank account.  Daniel is also accused of murdering a young woman who was a friend and tutor of “The Vet” in order to throw off the police.

“The Vet” was Samuel E. Herr. He was 26. He was an only child. He was an Army veteran who had been a combat solider in Afghanistan. He was going to Orange Coast College on the Army GI Bill and had plans to one day become an officer.

Samuel Herr and Juri Kibuishi

“Tutor Girl”

“Tutor Girl” was Juri (Julie) Kibuishi. She was 23. She was a graduate of OSCA (the Orange County School of the Arts). She was a student at Orange Coast College studying fashion design. She was also tutoring her friend Sam in anthropology. Julie was one of four children and is always described as a the kind of person who would do anything for a friend.

Close To Home

My child is a student at OSCA. I went to Orange Coast College.  I once lived in an apartment complex in Costa Mesa.  It’s all so familiar.

I don’t know if my blog will ever be read by friends or family members of Sam and Julie. The idea of it makes me nervous. I think about them a lot. My heart breaks for their families.

I try to “put myself in their shoes.” It’s impossible. Truthfully, I don’t want to think about losing a loved one… especially a child.

I see photographs of Sam’s and Julie’s parents, and the agony on their faces is plain to see.

I’ve read that Julie’s father, Masa Kibuishi, has cancer. His daughter was murdered five years ago and he wants to live long enough to see justice done.

Steve Herr, Sam’s father, has actually visited Daniel in jail a couple of times. He says he wants to know what happened to his son. He wants to understand.

Both families have said that they want Daniel Wozniak to get the death penalty.

I’m guessing they wouldn’t like me very much. Not that I would blame them. I am his friend. I try to show a human side to Daniel. I question if he’s even a murderer.

Does that make me crazy?  Naïve?

No matter what Daniel Wozniak may have done, I don’t believe he should die for it.

I understand why the families of the victims do, though.

What Do You Guys Think?

Let me know by leaving a comment… and keep reading the blog to see me question myself regularly…

Daniel Wozniak Answers My Questions: Part Two

It is a beautiful day in Southern California. On top of that, I’m lucky. I live in a nice quiet neighborhood. My dog, just picked up from the groomers, is napping next to me.

Pretty mundane, really. The thing is, my appreciation for the mundane has increased a ton since I became friends with Daniel.

Most of us have wondered: What is it really like in jail?

Every Discovery ID fan out there has watched an On The Case With Paula Zahn about some unfortunate soul who spent 27 years behind behind bars and was later found innocent through DNA.

We’ve all imagined being in that person’s shoes.

Mental Note: When questioned by the police, always ask for a lawyer.

I ask Daniel a lot of questions about his day-to-day life in the OC Jail. He’s been there 5 years, so he has the ins and outs of the place wired.

Just like Daniel, most of the detainees are awaiting trial. Unlike Daniel, the majority are not in for high profile crimes.

People come and go often. It’s a good thing that he makes friends fast.

There’s Ray Ray, Little Brother Alfredo, Jessy, Chubs, J-Cat Mark (not a friend, but he’s been the topic of many an interesting story), “Z,” and Cole (AKA Ashton Colby Sachs, who is accused of murdering his wealthy parents and paralyzing his little brother), to name a few.

Daniel does not have a celly right now, though.

Daniel on Having a Celly

excerpt of daniel wozniak's handwritter letter

“high hopes for the kid. Due to my classification, all my cellies need to be approved through the ‘higher ups.’ I’m very selective on who I chose (sic) to associate with, let alone live with, and as of now, I’m in no immediate rush to find a celly.”

I admit he sounds a little snooty there, but who can blame him for not wanting to spend twenty three hours a day with a possible J-Cat?

An inmate’s cell is his sanctuary.

Also, no one wants to be sitting on a toilet when someone else is sleeping in a bed right next to you!

You don’t want to be the person on the toilet or the person on the bed. It’s a lose-lose.

He and his last celly got along well though. They kept different schedules. Daniel is a night owl (as am I), so he finds his quiet and privacy late at night when most everyone else is sleeping.

I think that would be one of the ways that I’d survive being locked up. Not that I’m planning to go to prison in the future.

My Little Freedoms

Watching sports through the bars of his cell – one of the ways Daniel fills his time.
Watching sports through the bars of his cell – one of the ways Daniel fills his time.

My cell is currently a 12×8 aquarium minus the water and cool toy treasure chests which spew out air bubbles… cheap bastards! :-) J/K The floors are concrete, but I installed carpeting (no joke). I have a small table and stool, a combination toilet and sink, a 7.5×3 single bed and a glass window that looks out into the dayroom area. I can see the TV (which is in the dayroom) from my cell, but I have difficulty hearing it. It’s mostly on Sports — I’m actually watching Notre Dame @ Florida State College Football Game now. I currently

I enjoy my little freedoms.

I have a door on my bathroom. My sink and my toilet are not a combined unit.

If I don’t like what’s on TV, I change the channel, or put on a DVD, or watch Netflix, or turn it off.

I listen to music. There aren’t any radios or music players allowed at the OC Jail. Imagine that the only time you can hear The Beatles is when someone sings a horrible cover of “Let it Be” on American Idol.

I can choose my own companions or I can choose to be alone (I do have two kids, so admittedly “alone time” is limited, but still…)

I can eat what I want, when I want (aside from the whole keeping thin and healthy business).

My vegetarian lifestyle is easily maintained. There are so many soy options available. I love smoothies. Fruit. Yogurt. Chia seeds. Protein powder. Sometimes I even add vodka.

I buy wine (and beer and vodka and tequila) at the store. I don’t have to make it in a toilet with contraband fruit.

I can binge on season three of Orange is the New Black and watch the characters make wine with contraband fruit.

I’m glad I’m not incarcerated.

Do I feel bad for Daniel? Do I feel sorry for him that he’s behind bars?

That’s a tough one.

I care about my friend and I want him to be happy.

But if Daniel was the cause of two people losing their lives, then it seems fair that he should lose his freedom.

What I Want to Know About Daniel Wozniak

I asked Daniel a lot of questions in my early letters.   I was super curious about his day to day living.
I’d stick to asking basic stuff.  Our correspondences are obviously not private and he still hasn’t had a trial, so what is the point in asking questions he can’t answer?
I wasn’t sure how he’d feel about me “interviewing” him, but clearly, that is what I was doing.

My Questions To Daniel

Here’s what I wrote to him in September (I also mentioned that I hope he has plenty of that yellow legal pad paper):
  • Did you study art at all?  I loved the card you made me and I was ridiculously impressed by your skill.  I’m limited to stick figures myself, ha ha.
  • What does your cell look like?  Do you always have a “celly?” (Yeah that’s right. I’m learning the lingo).
  • I’m reading the biography of Damien Echols (West Memphis Three) right now.  One thing that struck me was his feelings of anger and hatred toward the guards.  He says “it’s the guards and not the other prisoners that make being incarcerated so much harder…”  So, your take on this?
  • This might sound silly, but have you considered starting some kind of theatre group behind bars? Performance therapy?  You might be laughing at my prison naivety right now.   Maybe you could entertain the masses with Shakespearean monologues??
  • Do you have a lot of family and friends supporting you through the trial?  I’d be interested in attending it.  I want to know the “more to what happened” because I’ve always believed there had to be…
  • So why were you reconnecting with your parents?  Was it your drug use that caused a rift between you?
  • Do you think she (his now ex-fiancee) ended your relationship out of anger or fear because of the charges she’s facing herself?   Did you have a big wedding planned?
  • OK, here’s a big question.  I’m not sure if you can even answer this one.  You seem like it bothers you that people would believe you were motivated by money… You don’t want people to think you had major financial troubles. The thing is, Daniel, to me it seems like society would consider it a lesser evil to believe that a person might do certain things when facing a desperate financial situation.  If you didn’t have money problems then what would you want people to believe motivated you?
  • Is your lawyer a public defender?
  • You said you were visited a couple times by one of  your victims’ dads.  HE had written in his letter  “one of my victims,” so I was just going with his terminology. Which dad? Has he explained his  motivation for wanting to visit you?
  • Was “Lost” actually your favorite TV show?  I’d read that somewhere.  I was a huge fan of “Lost.”
  • I have to ask you how you are handling the possibility of getting the death penalty.  Are you afraid of this?

Answers For Daniel

The rest of my letter was answering his questions about me.  I called it a fair exchange of information.
  • No, I don’t consider myself to be a religious person.
  • I was adopted as a baby and my adopted mother is an undiagnosed bi-polar, self-proclaimed born-again Christian.  Years of her craziness has left me with a bad taste in my mouth for organized religions.  (I told Daniel that for simplification, I could be considered an Agnostic who leans toward spirituality.)
  • I told him about my adopted dad — who passed away 8 years ago — and that I loved him tremendously in spite of his unchecked alcoholism.
  • I shared that I now have good relationships with both my biological parents (I just found my biological father last year).
  • That I was reading the second Game of Thrones book (I didn’t want him to think that when it comes to reading materials, I’m all crime all the time).
Oh, and I also included a copy of a good review he got when he was acting in the play “Nine” (his last performance before the arrest).
I finished my letter by asking if I could maybe visit him at some point…I signed the letter with “your friend,” and I meant it.

My Friend’s Name is Daniel

Game changer time.
It’s time to name names.Daniel Patrick Wozniak, for example.

Go ahead, Google it, I’ll wait.
That’s right folks. Bye bye pseudonym!  This blog is about to change.
As I told you in my last post, I’ve been having an “existential crisis” because Pat didn’t know I was writing a blog about our relationship.
And the only way to stop stressing was to just tell him about it.
This made me nervous, but I couldn’t say exactly why. It wasn’t like I was afraid he’d be angry at me.  My concern was that he’d feel I had violated his trust.
It’s probably weird to most people, but Daniel has become a good friend in the past eight months and keeping this from him bothered me.
I hadn’t used his real name, but it wouldn’t take a cyber genius to connect the dots from the description of the crime.
On Friday May 22, I visited him at the Orange County Jail in Santa Ana and I told him.His reaction floored me.

Instead of being upset or even concerned, he seemed amused.
I reassured him that I wasn’t using his name though, so no worries there…
He asked me, “Why not?”
This seemed like a foolish question on his part.
“Umm…I don’t want to write anything that will get you in trouble.”
He laughed.
Yes, OK, that statement is rather ridiculous considering where I’m visiting him.
Basically, he said that there’s already a ton of stuff written about him and most of it’s bad, so go ahead and use his real name.
I’m guessing he thinks what I write will be all good stuff.

Who wants to write about an accused murderer? I do!

(Post 7)
Pat asked me again why I wrote that first letter.  I felt it was fair to let him know I want to write about him.  I don’t understand why it mattered to me, except that he’d asked me to be honest.
So here’s what I said (and it was all true):

I don’t have one simple answer for that.  I definitely have a strong curiosity about you.  I have since you were arrested.

I’ve always had an interest in crime and criminal acts.  I don’t mean for that to sound ghoulish or morbid.  I just want to figure out what makes a person tick.  The people who do the things most outside of society’s norm are the ones who fascinate me the most.

You have to admit that upon first hearing about the crimes for which you’ve been accused, most people will immediately assume you are a monster.

However, that is such a simplified response.  The man I met four years ago did not appear to be a monster, and these well written and thoughtful letters you’ve sent me have only made me even more aware of your humanity.

When you were arrested, I was immediately creatively drawn to your story. I felt that there was so much to explore about you and your life.  I wanted to write about you or write something inspired by you.  I really wanted to understand you…

Who is this man accused of such heinous acts and how is he the same creative, funny and seemingly kind person who is writing to me about helping a fellow inmate get his GED?

Who was he before and how in the world did he get here?

How do you feel about me or anyone wanting to tell your story?

I was super nervous Pat would just stop writing me all together.  He is facing double-murder charges after all.  Maybe he’s not interested in making friends with someone who wants to “tell all.”I just felt like I had to be upfront.  At least “up-fronty.”

When it comes to this blog, I’m taking a “don’t ask, don’t tell” approach.  Pat hasn’t asked me if I’ve written anything yet, and I haven’t volunteered the information.It’s not like he has Internet access anyway.

So far, I haven’t posted anything I wouldn’t want him to read.  I’m not painting him in a bad light. I’m just being honest.OK, the description of the crime doesn’t make him look good, but I’m just saying he’s accused. Anything I wrote could be found with a basic Internet search.

I did say in the first post that I think he’s guilty.

I do.

Guilty of what precisely, though… I don’t know.

During our last visit, Pat even hinted that he is not completely responsible for this crime.
Then who is?
 
Then why confess?
I did not ask those questions.Yet.

Getting to Know Him

March 2015

(Post Six)
Pat replied to my letter later that week.   Yes, I know being in jail does afford
him a fair amount of spare time, but I still appreciated the quick
response.   I could tell he was eager to
continue this relationship.Like when
you give a guy your number and he texts you right away.  It’s a nice feeling.

His letter was written in pencil in his very neat printing on six pages, double-sided,
on yellow legal pad paper.
I bet he’s not allowed to have pens! Pens can be taken
apart.  There are probably a lot of
things that you can make with pen parts.I should ask about that.

 

Pat’s Letter

Pat thanked me for writing to him again and said he’d try
to answer all my questions as honestly as possible.   He also asked for honesty in return.
But he didn’t say what he wanted me to be honest about.  Just that
“a foundation cannot be built on lies and/or distrust.
”It makes me feel a little guilty about the
blog.   Does writing it make me
dishonest?

Pat told me he was happy to get my pictures and remembered
me “quite vividly.”  He said I “came across as a very easy-going genuinely nice person” (I think I
am a nice person.  Being remembered as
“hot” would be good, too).
“Freedom” was brought up again.  He’s tried to adapt to life behind bars;  he wants to use his time to help others any
way he can.
One point he has made hits me where I live. He feels like his years being incarcerated
have allowed him to strip away the false faces he used to wear.  In jail, he can be himself.
He wrote this letter to me at the end of September.  When he quoted Bill Cosby “I don’t know the key to success, but the
key to failure is trying to please everyone,
” he had no idea that, ironically, Cosby would be all over the news in a couple months.  It’s still a pretty good quote, though.
Then Pat answered all the questions I’d asked! 

Pat’s Answers

 

  • The Drugs: Pat used Crystal, Heroin, Ecstasy and he mixed a lot of pills (so some serious perspective and reality altering kinds of drugs).
  • He defended himself against the accusation that he had massive financial problems and said he was only a month or 2 behind on rent. The media completely over-exaggerated his debt
  • Overcoming addiction is still an on-going battle (in other words – getting drugs behind bars isn’t too difficult).
  • He told me that I was the only person to ask him if he likes his lawyer. He seemed impressed by that. Pat has a Public Defender lawyer who he really likes his lawyer and he talked about fighting for the greater good…
Which now makes more
sense in the light of some major developments happening around Pat’s case in
the past month!  His lawyer is making
major waves about the DA’s Office infringing on the rights of inmates.Now, Pat is getting a new judge after 5
years.  Meaning this trial isn’t starting
any time soon.

 

  • Pat’s free time is spent meditating, reading, studying theology, yoga, working out, taking counseling correspondence classes (he wants to be a rehabilitation councilor for other inmates), Bible classes, watching sports on TV… He showers and visit his fellow inmates during his 1-2 hours outside of his cell.
  • He wrote that inmates share whatever books and magazines they get sent in.
  • Visits are always a surprise. They only get visits on Fridays, Saturdays and Sundays. They can only have one visit per day.
  • Pat’s visitors have included:
    • His parents – regularly
    • A few of his theatre friends
    • The parents of an old girlfriend
    • A Dateline Producer!!!!!
    • Writers from New York (hmm – I’m not worried)
    • The Vet’s father (The “Vet” is one of Pat’s alleged victims. So having the guy’s dad visit Pat in jail is pretty astonishing).
    • and now ME
  • He has NEVER been scared inside the jail. He’s a big guy (6’2” and 200 lbs) and he’s in jail for a big crime. He isn’t affiliated with any gangs and he tries to promote “an atmosphere of peace and unity.” It seems like Pat gets along well with the inmates and the guards. He’s personable. He has been depressed, but never afraid.
  • Answer about the quest for God was quite extensive, so I’ll summarize. He is interested in all religions and has studied with many religious and spiritual leaders. He quotes Gandhi “All religion is true. I just want to love God.” Pat believes there is one true God that created us all. He believes that Jesus died for our sins. Pat is a LOT more religious than I am.
Pat ended his letter by inviting me to write to him again
and to feel free to inquire more.He
thanked me for just treating him like a human being.  He lost a lot of friends when he was
arrested.  He knows and understands that
many people think he is an evil man.

I don’t.
Pat may be 100% guilty of this crime.  That doesn’t mean that this crime is 100% who he is.
He’s funny.  He’s
silly.  He’s geeky.  Hell, he might not even be a murderer (more
on that later).
A present was also enclosed for me.
My first drawing from Pat.
Awwww… right?

My Next Letter to Jail: Lots of Questions

February 2015

(Post Five)

It was time to write Pat another letter!

I picked out 3 different pictures of myself to send because my hair color changes a lot.  I couldn’t remember what color it was when I met him and I wanted him to recognize me.

I told Pat how I thought it was cool to get mail from an inmate!

I talked about his theories on freedom and incarceration.

Your life is what you make it and if you philosophically break it down, everyone is confined and limited in some aspect.”

Ok technically he’s right about that…


“I can’t drive-thru Jack in the Box to get a double bacon cheeseburger; yet at the same time, you can’t fly to the moon to get some cheese.”

I think he’s pushing it a little on that one, but I get his point.

I still told him that I wouldn’t trade my freedoms for his.
I CAN drive to Albertsons to get cheese.

I mentioned his crazy neat printing.  I asked if it was always that nice.  He said his penmanship had been pretty good, but he’s improved it over the past 4 years.

He’d asked me why I wrote to him in the first place…

I told him it was because I found him interesting (not a lie…  I wasn’t quite ready to tell him that I considered him a writing topic.)

I told him that I’d talked about him to some of my friends and that we are all impressed with his general attitude about his life, trying to help others and making the most of his situation behind bars.

I rambled on about Orange is the New Black again.

My second letter was a bit longer than my first.  I felt more comfortable this time. Since he’d written me back so quickly, I knew for sure that he wanted to correspond with me.  I mean yeah, I probably could have figured that considering his situation,  he’d be grateful for anything to pass time (he is), but I wasn’t sure.

In Pat’s first letter to me, he’d said “If there’s anything you may want to know about me… Don’t be shy.”  

Ummm yeah, I want to know stuff about you!

Did you kill those two people??

Did you cut off that man’s head???

I didn’t ask those questions…

Not yet, anyway.  After all, I didn’t expect him to send me a written confession.

Actually, I wonder if the police do have a written confession from him.  Everything I’ve read said he confessed to both murders when he was first brought in to be questioned about the Vet’s ATM card.

The police claimed he had been Mirandized (told legal rights; ie: the “you have the right to remain silent” speech) before he confessed.  I just don’t know if they have actual proof of his confession or not.

If it’s not on paper and it wasn’t recorded, it seems kind of challenging to prove.

First Questions For Pat 

 

The rest of my letter had a lot of questions (I didn’t number them in the letter though):

 

  1. So what drug were you using? I’m assuming your financial problems were probably related to your addiction as well?  How was it in prison when you had to go cold turkey?
  2.  Do you like your lawyer? I’m not going to ask you anything about the actual case. I know you can’t talk about that. I’m just curious if you are happy with the lawyer that you been given.
  3. What else do you do with your time?
  4. You mentioned trying to get reading supplies.  Is the selection available pretty dismal?
  5. Have you ever felt like you weren’t safe in there?
  6. You mentioned inmates and their quest to find God.  Are you religious?
  7. Do you get a lot of visitors?

Oh yeah, that’s right… I was putting out feelers to see if I could visit him.

I have, by the way.

Five times so far!