daniel wozniak – Daniel Wozniak Is My Friend?

Updates and Some Answers to Questions

Hello Readers!

Let’s begin by addressing the elephant in the blog: long time, no hear from me, and I am sorry about that.

I wrote the majority of the posts on this site years ago, when Daniel’s trial was taking place, and when he was first transferred to San Quentin’s death row.

I haven’t had much to add to the blog lately because Daniel Wozniak’s life isn’t changing much these days.

He is in prison. For life.

Even though he is now incarcerated at the California State Prison in Vacaville, he is still officially and legally a condemned man.

Daniel Wozniak’s Activities at Vacaville

In Vacaville, he is employed as a tutor, a group leader, and a hospice worker, to name a few of his many jobs behind bars. As a reminder: Daniel is part of a pilot program to house death row inmates in facilities where they can work instead of spending twenty-three hours a day in a cell.

Sam Herr’s parents have expressed some frustration that Daniel isn’t more uncomfortable… or dead.

It’s understandable. I always keep them updated about any changes in Daniel’s incarceration before I post here, and I know it’s not good news for them when his life improves.

I am, admittedly, glad that my friend has been given an opportunity to make something out of his life. I am pleased to hear him talk about the work he’s doing to help the situations of other inmates, most of whom are not murderers and will eventually be released from prison.

But Dan Wozniak didn’t kill my child.

Answers to Some of Your Questions

Death Penalty Postion?

A blog reader (hey, Jude (I wonder if they ever heard that one before)) recently asked me if I could imagine a scenario where a person deserves the death penalty.

My answer is that I am not sure. Probably not, because I would always be concerned about the possibility of executing an innocent person.

Dan Wozniak is not an innocent person.

Can I see why Sam’s and Julie’s loved ones wanted Dan Wozniak to receive the death penalty? Yes! Steve and Raquel Herr know Dan Wozniak will never be put to death by the state of California, but a death sentence still has meaning for them. It sends a message about the level of horror Dan inflicted on Sam and Julie.

Too One-Sided?

I’ve had readers suggest that my blog is too one-sided in favor of Daniel.

I chose to focus on Daniel because his was a “side” only I had the opportunity to represent.

The murders of Sam Herr and Julie Kibuishi elicited massive amounts of interest and have been covered by dozens of TV shows, podcasts, and news outlets. But I am the only person Dan trusts to be fair to him and open to the possibility that other people were involved in the murders of Sam and Julie. He knows that I am honestly his friend.

“How Can You Call Him Your Friend?”

I understand when readers question how I could be aware of Daniel’s actions and still be his friend.

I have been told a story that doesn’t exonerate Daniel, but it does give other explanations for his motivations and for his actions. My book is based on Dan’s version of events, and much of it is compiled excerpts from the hundreds of letters Daniel has written me since 2015.

My purpose is to organize his claims and compare them to known “facts” so that readers have the opportunity to decide for themselves what they want to believe.

Closest to the Truth

I don’t necessarily believe everything myself, to be honest. However, I don’t believe much of the official story, either… which also came directly from Daniel’s confession. I’m also willing to accept that human memory is faulty and that he does believe everything he’s telling me.

The blog was mostly written during Daniel Wozniak’s trial, but I’ve received a lot more information since then, and I now have the entirety of Dan’s story. It has always been my intention to shift my attention from the blog to writing a book that, by its nature, can be more informative.

It’s taking me a long time to write. Much longer than I would have expected. But, I’m hoping the time I’ve dedicated will eventually lead to a better book.

“Why Do You Ignore the Comments?”

I must apologize to new readers discovering my blog for the first time, and especially to those of you who ask questions in the comment section.

Reading and responding to comments is very challenging for me. First, as you can imagine, many of the people writing comments just want to say nasty things to me. Like, some really bad stuff. This is why my long-time editor Matt is the one who reads all the comments and decides which ones are appropriate to post.

Sometimes, readers have great questions and interesting theories. Everything readers are asking is covered in the book, but I don’t want to just keep giving the same, “You’ll read it in the book,” answer, because I know the book is taking a long time to complete.

Close the Comments..?

Every once in a while, Matt sends me an email nudging me to give some attention to this blog. Sometimes I’ve wondered if I should just close up the comments section, but it seems readers enjoy sharing and discussing theories with each other.

I’d like to know your thoughts on this, because I’m sorry to admit that I’m not likely to improve in terms of comment attention. But I really do appreciate all the readers; both new and those of your who’ve been around for a while, and I can’t tell you how much I want to get the book out to all of you.

So, I’m going to be back to work on that!

Thank you for your comments.

San Quentin Closes Death Row; Daniel Moves Again

Hello readers, and happy new year to you!

Daniel Wozniak started 2022 at a new address.

He was relocated from the Salinas Valley State Prison to the California Medical Facility (CMF) in Vacaville at the beginning of December 2021.

He and at least one other former San Quentin death row inmate made this seemingly lateral move (as far as freedoms and advantages are concerned) for, basically, administrative reasons. They needed to be re-classified.

All the former Death Row inmates were involved in a pilot program moving them to prisons where they could have opportunities to work and earn money at inmate jobs to facilitate paying restitution to the loved ones of their victims. The program was also intended to give DR inmates freedoms and opportunities that are not logistically available at San Quentin.

When the pilot program ended, Daniel and some of the other former SQDR inmates needed to be re-classified. I’ll spare you the minute details of why they couldn’t just be re-classified and stay in Salinas Valley, but they couldn’t… and so they moved again.

As opposed to the huge culture shock of moving from San Quentin to Salinas Valley, CMFV isn’t much of a change, aside from how Daniel says he has an actual window in his cell that is at least “person-sized” and opens up to the outside world.

It appears the pilot program has been successful enough to be put into use with the over five hundred and fifty remaining San Quentin death row inmates. California governor Gavin Newsom recently announced the planned closure of the entirety of San Quentin’s death row within the next two years.

It is the nation’s largest death row, and the only death row in the state of California. So even though the death penalty will still be available as a sentencing option, there won’t be a specific destination to send the condemned.

Personally, I am against the death penalty, but I can understand how losing a loved one to murder could make an individual long for that type of revenge / justice.

How could California’s death penalty hold any real weight for perpetrators or victims without the fear of living the rest of one’s days in that ominous rock fortress known as San Quentin?

Without housing California’s only death row, the prison doesn’t really serve any specific purpose that can’t be fulfilled by more modern prisons in the middle of nowhere. San Quentin is located on a very nice piece of property that could be turned into valuable real estate for the state.

Daniel made a claim that Newsom’s wife is a “land developer,” and it was obvious he was saying that California’s governor was more interested in making money than saving lives.

Daniel was wrong. Jennifer Siebel Newsom is documentary filmmaker, producer, and actress. Maybe the idea of her being a land developer just made for more of an interesting story to pass from inmate to inmate..?

As with the pilot program that included Daniel, the main justification given for moving inmates is less humanitarian and more goal based.

“For the first time in California’s history, eligible death-sentenced individuals may be housed in general population areas where they can have more access to job opportunities enabling them to pay court-ordered restitution to their victims when applicable,” — Vicky Waters, spokesperson for the Department of Corrections and Rehabilitation.

Is Governor Newsom trying to completely abolish the death penalty in California?

In 2019, Newsom did put a moratorium on executions in California for as long as he is the governor, but he talks more of reforming the death penalty, not overturning it.

“We’re one of the few industrial nations in the world that still sentences its population to death,” he said. “I look forward to advancing more leadership on reforming the death penalty here in this state and, hopefully, across the country.”

I have to wonder how many of the men on San Quentin’s death row (and women at Chowchilla) look at this mass relocation as positive or negative. Daniel’s said there weren’t a ton of volunteers willing to join the original pilot program, and he claims two inmates committed suicide just to avoid the possibility of being forced to move in the foreseeable future.

I did find articles about the two suicides, but there was no specific reason given for why the men took their own lives. One of men had only been on death row for a month. The other, since 2004.

Daniel believes the forced closure and re-location of every prisoner on death row will actually lead to numerous inmate deaths, therefore “speeding up” the execution process for a number of cases. He’s positive quite a few of those who have sat for decades on death row will take their own lives before allowing themselves to be moved from the familiarity of their tiny cells.

Daniel, however, is much more comfortable and had freedoms and opportunities he never had at San Quentin. The fact that he may be able to work to pay restitution may be cold comfort for the surviving loved ones of Sam Herr and Julie Kibuishi.

Is Daniel Wozniak Leaving San Quentin?

Hi there readers!

I know you haven’t heard from me in a while, but I’m still in regular contact with Daniel Wozniak. We talk on the telephone often, so I get continual updates from Dan about his life on the infamous San Quentin’s Death Row.

The truth is, there hasn’t been much to share with you.

No News is… No News

One day Daniel and I spent half an hour talking about the various possible sandwich combinations one could create when given three pieces of bread, a decent sized tube of peanut butter, a decent sized tube of jelly, and a banana.

His personal favorite option is: three “stick” (or half) sandwiches with peanut butter, jelly and three slices of banana on each.

Lately, the convicted murderer of Sam Herr and Julie Kibuishi has been living an existence that seems more tedious than terrifying.

But Wait! There’s News

Now, though, there’s a chance the tedium might be reduced.

All condemned inmates recently received a ten page informational packet about a new protocol being introduced to death row this year: CITPP, or, the Condemned Inmate Transfer Pilot Program.

Consequences of Proposition 66

You might remember that in March of 2019, California’s governor, Gavin Newsom, put a freeze on executions. He promised that none would take place while he was in office. But the Governor’s actions didn’t change the law in California, or the fact that the 2016 election saw the passing of Proposition 66, which was essentially intended to speed up the state’s execution process.

Work for Prisoners, but Not at San Quentin

According to Daniel, there is another lesser known aspect of Prop. 66 that allows condemned inmates to be assigned jobs behind bars. Prison work doesn’t exactly pay well, but it gives a person something to do that’s worthwhile and fills the time.

Death row prisoners don’t have the opportunity to work at San Quentin, where the mainline is a level two security prison, but condemned inmates need to be in at least a level three security prison in order to work. To solve this problem, inmates would need to be moved to other prisons. Enter CITPP.

Placement is voluntary, and Daniel Wozniak is planning to volunteer.

Still on Death Row, Just Not on “Death Row.”

There are a couple stipulations for entering the program.

For one, inmates with disciplinary infractions are disqualified. Some inmates who have been on death row for decades, and don’t know any other life, might not want to leave. Daniel said he wouldn’t be surprised to see inmates deliberately “getting into trouble” to avoid being eligible for the new program.

Two, once an inmate is accepted to the program, he can’t just change his mind and go back to San Quentin any time he wants. That said, technically the inmate is still awaiting a death sentence. If all appeals were denied and an inmate was facing the needle, he’d be moved back to San Quentin for the deed to be done.

I wonder if this change would be upsetting to family and friends of victims. Does the punishment of a death sentence seem less effective if the inmate is no longer segregated and mostly confined to his cell?

Where Will Daniel Wozniak End Up?

There is a good possibility Daniel Wozniak will be moved to a different facility within the year.

There were quite a few location options listed in the CITPP information packet. Even though Daniel might have a preference as to where he’d end up, I don’t know if the inmates really get any say in that decision.

How a Move Might Affect Access to the Truth

It is likely Daniel would end up quite a bit closer to Orange County. That would make visits easier, but if our conversations are recorded, as they were at the Orange County Jail, it also could also limit his ability to be “completely honest” with me regarding the truth behind the murders of Julie Kibuishi and Sam Herr.

At San Quentin, Daniel can speak openly during our visits, and he has told me his story to the best of his recollection.

There is a great deal in Daniel Wozniak’s story that I actually believe, but definitely not all of it. I often still have “questions of clarity” because it is a complicated and convoluted tale. If he’s moved to a prison where he can no longer speak without fear of being recorded, my opportunity to get more of the story from his perspective may be seriously limited.

It’s important to me that I finish this book, because if even ten percent of Daniel’s version of events is true… well, let’s just say it’s scary to think that other people may have gotten away with murder.

Welcome 20/20 Viewers

Hello Everyone!

I’m taking a day off from working on the book to catch everyone up on a couple of items, especially since there might be new readers after the TV show 20/20 airs an interview with me for a two hour special about the terrible murders of Sam Herr and Julie Kibuishi (airing Friday, May 31 at 9:00PM local time on ABC).

For those who are new to the blog: Welcome! Thank you for checking it out. I hope you’ll read all the posts from the beginning.

I Know What He Is

As the title of the blog says, I am friends with Daniel Wozniak, who is currently on death row in San Quentin prison after being found guilty of killing both Sam and Julie.

I need to be very clear: I believe Daniel Wozniak is a murderer. He’s honest about that with me. He’s not some wrongly convicted innocent person serving time for a crime he didn’t commit.

When I began this blog in 2015, Dan still hadn’t been to trial. Even though I was always pretty sure he was probably guilty of his crimes, I firmly believe a person is innocent until proven guilty, so before Dan’s conviction, everything I wrote about him used the word “alleged” when referring to his crimes. There were plenty of readers who didn’t like that, and didn’t like me because I was willing to “call that monster my friend.”

The murders of Sam Herr and Julie Kibuishi were monstrous.

About Sam Herr

Sam Herr was a decorated Army veteran who served in Afghanistan. Sam was stationed at Outpost Keating; which I learned about after reading Jake Tapper’s The Outpost: An Untold Story of American Valor (recommended to me by Sam’s dad, Steve Herr, during Daniel’s trial).

Sam Herr, his parents’ only child, returned safely from fighting in a war, went to college to better his future, and was then shot and killed by a community theatre actor.

As an extra gut-punch, Steve and Raquel Herr had to learn their son’s body had been dismembered.

His head had been removed. His hand and arm had been sawed or chopped off. Sam’s body parts were stashed at a public nature center and eaten by animals.

And Sam’s parents learned about it all on what should have been Sam’s twenty -seventh birthday.

About Julie Kibuishi

Julie Kibuishi was a friend of Sam’s from college. The two met in an Anthropology class at Orange Coast College, and Julie offered to tutor Sam, who initially was having some difficulties with his grades. He ended up getting an A, and the two continued a close friendship.

By all accounts, this lovely, talented, and intelligent young woman would come to the aid of her friends at the drop of a hat. Julie is always described as kind, sweet, generous, funny, and talented (she graduated from Orange County School of the Arts, a prestigious arts high school).

She was only twenty-three years old; one of four children in a very tight knit family.

When she was shot twice in the head, she was wearing a costume tiara given to her hours before, when she was asked to be a bridesmaid in her brother’s upcoming wedding.

Why I Used A Pseudonym

There are people who can’t wrap their heads around how, or why, I’m able to be friends with the man who confessed to murdering these two people. I understand the confusion, shock, and sometimes outrage some readers have expressed in this blog’s comment section and on the Facebook page.

If you’ve been reading the blog for a while, you know I have used a pseudonym (Murderer Musings) from the beginning. I used pseudonyms for all the people involved, since I wanted to write about Daniel Wozniak without influencing his trial in any way.

When I found out this was not a concern for him, I started using everyone’s real names.

Everyone except me.

The story of Sam and Julie’s murders was already all over the media, but my name wasn’t and I felt the need to keep it that way. Early on, some commenters threatened me, and my children.

But truth be told, anyone could — and some people did — figure out my identity through unintentional but unavoidable “clues” in the blog.

After a while, and hopefully after reading my posts, most people got used to the idea of Dan Wozniak having a friend and that friend writing about him.

Seeking To Understand

Readers discovered that I’m not defending Dan’s actions. I’m just trying to understand how he sunk so low at one point in his life, and write about what kind of person he is today. I don’t want to judge a person by the worst thing he ever did.

I started the blog as a jumping off point to writing a true crime book about the murders of Sam and Julie. It’s my first time writing a true crime book (or any book for that matter) and I felt like I could use a little experience before tackling the Big Kahuna.

After some time, I felt secure enough that I decided to use my real name when the book comes out. Of course, with the 20/20 interview, the cat’s out of the bag a little early.

How It Began

Like many of you who are reading this, I’m extremely fascinated with true crime. I’ve been a huge fan of the genre for a very long time. In 2010, when I learned that an actor from my theatre company had just confessed to murdering two of his friends for money to go on a honeymoon… hell yes, I wanted to know more.

I wrote a letter to Dan at the Orange County Jail and… well you can read the blog to follow the story as it unfolded.

The Official Story Isn’t Necessarily the True Story

From early on, I had doubts that the public had been given the complete and honest story of Sam and Julie’s murders.

When I read about the case and saw interviews with law enforcement, my true-crime Spidey senses told me that, in spite of his confession, Dan Wozniak did not commit these two murders alone.

I’ve been learning the “true” story from Daniel himself these past couple of years, especially once Dan Wozniak was transferred to San Quentin, where our visits are not recorded.

It’s a bizarre story of an engaged couple whose jealousy and game playing led to the murders of two much-beloved people who did nothing to provoke their own deaths.

It’s not a nice story.

But in many ways, to me it makes much more sense than the one that came out in Daniel’s trial. My plan is to have my book finished in about a year and a half, so I can share that story with all of you.

Thank You For Being Here

Thank you for checking out my blog. I’m writing this before the 20/20 episode airs, so hopefully I come across as the semi-normal person I am.

So, again: welcome new readers!

And to my old readers: Hey guys! I’m on 20/20. And I’m finally dropping that pseudonym!

Hi! I’m Glendele.

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.

An Open Letter From Daniel Wozniak

Dear Readers,

My name is Daniel Wozniak and if you’re reading this blog, then you obviously know a great deal about me already.

However, it’s been brought to my attention that there are still some curious minds out there inquiring about my day to day life behind bars since being sentenced six months ago.

I understand that for the majority of readers out there, many of you think me to be a heartless, uncaring sociopathic monster who have reserved feelings for not giving a damn about anything concerning my life (other than how soon you wish for it to end). I’m not trying to, nor do I feel I can, take away the pain and hurt I’ve caused you to feel and all I can offer to you is a sincere apology for my actions. I know it will not do much (if anything) to ease the hatred you have for me, but it truly is all I can do at this stage.

The truth is there are no words I can say, or actions that I can perform that will change how you feel, and I’m not trying to rob you of those feelings because I know you need them to help you cope and deal with the pain you’re experiencing.

This letter is not my way of trying to justify my past because nothing on Earth can erase what’s been done. This is merely a response to certain individuals who for some reason or another are curious about life in prison in general. With the overflow of inquiries my friend (the author of this blog) is receiving, I thought writing this might be a way to help answer those questions being regularly asked.

I’ve been given the death penalty and not a day goes by that I don’t feel all the painful thoughts and angry wishes directed my way by so many people. I know in what some of you would consider to be a perfect world, I would have already been put to death, but sadly that’s not the reality of the present.

So what options do I have? I could sit around all day in a small cage doing absolutely nothing but watching the clock hands tick on by… OR… I could actually try to do something with the time I do have left to make SOME form of a positive difference around me.

The majority of my day is spent in the confines of a cell measuring roughly 11′ x 4.5‘ (about 50 sq. feet). I live somewhat akin to a new-age monk. My cell consists of a bed, a toilet, a sink and 2 storage shelves – nothing else. The walls are bare and painted taupe in color; and my cell front consists of an open, metal bar door through which to enter and exit (as well as listen to about 500 other inmates housed around me in this section of Death Row).

My only means of seeing anything in the outside world is by the use of a TV or radio. I also get access to the telephone a couple times during the week to which I’ll get timed fifteen minute calls. I’ll mostly reach out to my blog-writer friend who will keep me posted on current events, and will also touch base with family, other friends and lawyers.

My day starts each morning at around 5 AM, when I wake up and do my daily prayer/study and meditation that I’ve done since being at County. Breakfast arrives between 6-7 AM to our cells on trays (none of us walk to a typical “chow-hall”). The trays are then collected about thirty minutes later and then program within the facility begins.

Depending on the day of the week I’m either going to yard or going to class. San Quentin has seven recreational yards for this section of Death Row. I’m placed on Yard #6 (which has roughly 50 – 100 other inmates classified to be out there with me). All the yards have concrete floor (no grass) and are separated from one another by a gap and chain-link fence. Each yard has a couple stainless-steel-top tables with attached seats, a basketball hoop, a set of dip bars, push up bars and pull up bars (and surprisingly a punching bag).

The yard here is not like most other prisons which are generally racially segregated and for the most part everyone integrates quite well with one another. (We haven’t had a violent incident on our yard for the last 8 years now). Some inmates will play dominos, others will play cards or chess, others will work out and/or lead routines and some guys will just walk laps talking with another inmate as they walk.

Then you have individuals who are more cerebral and will have / lead discussions ranging from topics of law, politics, theology, random jeopardy trivia, etc. I usually tend to try my hand at a little bit of everything, as do most of the other inmates on the yard (not many stick to doing just one thing). I think because all of us are in the same boat of being under a death sentence, there’s not as much friction or problems experienced elsewhere. (Surprisingly San Quentin statistically has one of the lowest rates of violent activity on the yards in comparison to other California prisons.)

On other days, I attend classes ranging in subject matter. There are several programs made available, but I personally try to focus my field of study to those educational and therapeutic in nature. (Critical Thinking, Nutrition and Meditation, Yoga, etc.). It’s helped me find whatever meaning still remains in this life and with the knowledge under my belt I feel I can pass it on to others. That’s what a great deal of my time is centered on: helping others find meaning and purpose in their own lives.

I know some of you categorize “criminals” as outcasts who don’t deserve another chance at life, but that’s where some others vary in their opinions (including myself). In the many years of my incarceration, I’ve encountered individuals who have given up on themselves to the point of not even wanting to continue living. I guess a part of me feels that if I can help them find that “meaning” that is seriously lacking in their lives, that I can justify my continued existence on this planet while awaiting my execution.

I’m also still very much active in staying up on the ongoing judicial issues. I subscribe to several publications (Prison Legal News, Prison Focus, etc.) and have submitted a couple articles for their consideration. It’s a battle I feel that’s very much worth fighting for. I’m an avid believer of Crime and Punishment as long as it’s legal, but so many issues continue to present themselves with the same win-at-all-costs mentality that continues to plague the justice system. There’s a reason why 70% of death penalty cases have been overturned and / or modified, and why only thirteen people have been executed since the death penalty was reinstated in California! (And sadly, the public isn’t told the REAL reasons as to why.)

Again, I want to voice this is not ME saying I shouldn’t be here – but there are (and have been) so many people given this sentence who truthfully do not deserve it legally. Not to mention the countless others who have already died unjustly here of natural causes; people who technically should never have been here in the first place.

Those who ‘legally’ shouldn’t be here aren’t being punished by death… they’re being murdered! (Think about it!)

Spirituality also plays a crucial role in my life, as well as in the lives of other inmates at San Quentin. The prison offers several religious services (Catholic, Protestant, Judaism, Islam, Buddhist, Jehovah’s Witnesses, Mormon Latter-Day Saints and Native American Indian Tribal Councils). Due to the large number of inmates and a limited number of seats in the chapel area, sometimes you only get called out for service once a month. The television, however, provides an excellent array of broadcast services that you can tune into everyday, which is very nice.

I’m currently also enrolled in a couple of Bible Colleges that I do via correspondence through the mail in addition to keeping in contact with various chaplains I’ve met over the years and still keep in touch with. The yard also provides an excellent means in which to learn, minister, teach and study with so many interested individuals from so many different backgrounds. Everyone comes together and shares their faith and testimonies of how their “path” has brought them some form of inner peace and it reassures fellow believers that faith is a powerful tool which can save and improve so many lives in various ways.

I never thought I’d ever see the day where so many people from different religions and cultures aren’t as hostile and dominant in defending their religion, but rather share, add to and grow the unity of everyone around. There’s so much to learn!

The final thing to mention is handcuffs. Every time you leave your cell for ANY kind of movement, you are placed in handcuffs. You are then either escorted to wherever your destination is with a Correctional Officer escorting you the whole way or you walk alone to said destination, cuffed with your hands behind you back. You’re even handcuffed when going to the shower. It’s a shared community shower stall (that’s twice the size of your cell) and you get showers every other day. However, most everyone here has ways to shower creatively in their cells so we can shower every day, anytime we want.

After showers, the final action of the day before final lockdown is mail pickup and drop-off. This occurs at around 6:30 – 7:00 PM, Monday – Friday. The C.O. will hand us the mail we receive, then pick up our outgoing mail. Next he will apply a secondary lock on the cell door for added security each evening. (This is called “dropping the bar”). From 8:OO PM – 7:00 AM, everyone is locked inside and there is no movement ANYWHERE within the building and it’s “lights out.” Then the cycle repeats each and every day, very much like the film, Groundhog Day.

I hope this helps answer the questions some of you have been asking and that you all have a closer look into the prison that has now become my life. I wish you all well and hope this ‘view into prison’ helps answer your inquiries. Have a nice day.

Respectfully,

Daniel Wozniak

Bye Bye Birdie

Daniel has been on San Quentin’s death row for a couple of months now and he’s settling in quite nicely. It will probably be at least a year or so before there is any action regarding his appeal, which means he won’t be going anywhere for a while.

San Quentin’s condemned unit is a well-run machine. Daniel’s life is much more scheduled now. He’s taking classes regularly, he attends various religious services, and he goes to dental appointments.

Daniel was recently assigned to yard group six, and can go outside every day. He assured me that it is a very safe group, and that’s why he requested it specifically. The inmates in this group aren’t in gangs (or have dropped out of gang life). Yard group six hasn’t had a violent incident in eight years. Also, Daniel already had a buddy in that group he met when they were both locked up in Orange County.

The condemned unit of San Quentin has a fair and organized yard use system. There are six large outdoor areas on one side of the prison and one smaller outdoor area on another. The inmate groups rotate from day to day, meaning each group will be in the smaller yard once a week. On Daniel’s first day out with the group, they were assigned to the small yard, and even then, he was still impressed with the size.

I was looking forward to hearing all about Daniel’s first outing with his new group. Did he have fun? Were the other inmates nice? Is there a tetherball court?

I may be a little too used to questioning my kids after their first day of school.

But the first thing Daniel told me was how he had come close to getting his first major write-up since being incarcerated.

Uh oh. My mind immediately went on a tangent; graphic scenes from episodes of Oz were playing in my head. Did another inmate come at him with a shiv? What’s a person supposed to do then? You have to defend yourself if another person attacks you with a sharpened ring pop. Maybe he mouthed off to a guard? That didn’t seem like Daniel at all, but if he’d made a joke that wasn’t taken the right way, he could be heading to solitary confinement for the next five years.

“I had a bird in my pocket.”

A pocket bird. I didn’t see that one coming.

Daniel was an amateur magician in his teens, so maybe he was planning to practice tricks in his cell?

Bird-man of San Quentin?

Daniel had noticed a small bird, possibly a sparrow, walking around amongst the thirty or so inmates who had come out for yard. Daniel thought the bird looked injured, and the little guy wasn’t flying at all. He suspected this was a baby that had fallen out of a nearby nest.

Inmates get a sack lunch each day they can bring out to the yard, so Daniel tried to offer the bird a small piece of bread from his sandwich. The little fellow didn’t immediately trust Daniel’s offering. For the next thirty minutes, Daniel calmly followed the bird around the yard’s running track, repeatedly putting out his hand to offer bread.

I asked him if he tried throwing some bread to the bird to gain its trust. He laughed and admitted that was probably a good idea and wished he’d thought of it.

Nonetheless, “Birdie” finally came around (or was just tired of all that walking), and took some bread from Daniel’s hand. By the end of yard time, this little bird was standing on Daniel’s index finger and eating out of the palm of his hand.

At that point, Daniel decided “Birdie” needed a warm safe place to recuperate for a while. He figured he could make a comfy little bed on the empty shelf in his cell. When yard time ended, he gingerly placed his fine feathered friend in the pocket of his jacket.

They would have made it too if that bird had just laid low in the pocket for a couple of minutes.

When inmates return to their cells after yard time, they go into a small gated area to be handcuffed before entering the prison building again. It’s sort of like a chamber lock system. The inmate stands facing the yard, with his back to the guard. The inmate’s hands are behind his back, where the guard can see them, waiting to be cuffed.

The guard who was preparing to cuff Daniel was, rightfully, taken aback when Daniel’s jacket pocket starting jumping around. Daniel is lucky the guy remained calm and didn’t shoot him immediately. Instead he asked Daniel what the deal was and learned about the bird in the pocket. Despite Daniel’s urge to give the bird a good home, the guard told him he couldn’t bring a bird into the prison.

Oh well. It was a nice thought. Daniel took the bird out of his pocket and put it on the ground, and “Birdie” walked back toward the yard. Daniel plans to keep an eye out for him, so he can share his lunch.

Of course I know trying to rescue a baby bird does not make up for committing murder. I don’t think there is anything Daniel could do that would redeem him in that regard. But I wanted to share this story because it shows the side of Daniel Wozniak most don’t get to see, or don’t believe exists. This is the Daniel I know. This is my friend.

It’s The Holiday Season… In Prison

We are smack dab in the middle of the holiday season. You can’t turn on the TV, listen to the radio, or go into any store without being reminded of this fact.

Occasionally, when I’m talking to Daniel Wozniak I will mention something fun I’m doing with my family, like going Christmas tree shopping, and then I immediately feel a little bad. I assume it must be so depressing to be reminded of the holidays when you are incarcerated.

Last year at this time, Daniel was being found guilty by a jury of his peers, and the topic of Christmas wasn’t in the forefront.

But this year is his first Christmas on death row, and he is living pretty far away from his family and friends. It’s also the first holiday season since Daniel’s father passed away.

This situation would get anyone down, and I was worried about my friend. I asked Daniel if it was OK for me to even broach the topic of how he is feeling around this time of the year, and he said he was fine with that. I told him I would come up with some questions so I could “interview” him during our next phone call.

The first thing I asked about was Daniel’s first Christmas incarcerated. I’ll be honest with you guys, I was expecting a tale of woe about the difficulties of that first year locked up at the Orange County Jail.

Nope.

Daniel’s First Christmas At The Orange County Jail

Daniel cheerfully told me about how he, “Raphly, and Doug” preceded to make a “little spread” for the other 28 inmates on their tier during their dayroom time. They made bowls of soup (ramen), with beans and Cheetos and crumbled up Sun Chips for the topping. The guards let them pass the food out to everyone in their cells. Daniel got to have a Christmas show on the television during food prep (the Jim Carey Grinch movie), and Ralphy led the tier in a song and then said a prayer.

I could tell by his voice that Daniel is still moved by the memory of making sure everyone on his tier got a good meal on Christmas.

That first Christmas wasn’t sad. Why, that first Christmas sounded glad.

Making food for his fellow inmates became a tradition he continued each Christmas at the Orange County Jail. Leave it to Daniel (Mr. Glass Half Full) to manage to have fond memories of Christmas at County.

Daniel’s First Christmas On San Quentin’s Death Row

I asked Daniel about the general atmosphere behind bars during these weeks leading up to Christmas. For the most part, the inmates just ignore the holidays. As opposed to the OC Jail, at least San Quentin has special visiting days on holidays (even when the holiday doesn’t land on a regular visiting day). Other than that, it’s just like any other time of the year.

I can’t imagine trying to block out the holidays when every other television commercial shows a new car with a bow on it, or people baking pies, or children on Christmas morning happily playing with their recently unwrapped toys.

I guess when you’re incarcerated, you do your best to block out that sort of thing. For most of the inmates, the best part of the holidays is getting a good meal (traditional holiday fare) and watching football on Thanksgiving and basketball on Christmas.

At the OC Jail, there was one TV for each tier. Located in the day room, it wasn’t visible from all the cells.

When Daniel talked about “watching” football and basketball, that often meant just listening to the games and relying on the person in the dayroom to keep everyone else updated on the score.

This year he’s most pleased to have his own TV inside his cell. See, aside from football and basketball, Daniel really enjoys Christmas movies and specials, whereas most of the OC Jail prisoners had no interest in watching Rudolph the Red Nosed Reindeer.

I have numerous programs I need to watch every year or else it doesn’t feel like Christmas. They are (in no particular order):

A Christmas Story
Rudolph the Red Nosed Reindeer
It’s a Wonderful Life
Elf
Miracle of 34^th Street
Home Alone (only the first one)
The Year without a Santa Claus
The Grinch (animated – I do not need to watch that Jim Carey movie)
Santa Claus is Coming to Town
Frosty the Snowman
The Santa Clause (only the first one).

And two that aren’t for the whole family:

An Always Sunny Christmas
The Trailer Park Boys Christmas Special.

This year Daniel has already watched Rudolph, The Grinch, Frosty, and his favorite Christmas movie, It’s a Wonderful Life.

What Daniel Misses

Of course, Daniel misses being with his family.

He spoke fondly of how they would pick up his grandma on Christmas eve and go to “vigil” at five o’clock (a vigil is a Catholic mass held on the evening before the event being celebrated. Mass on Christmas Eve would be the Christmas Vigil mass). Then they’d visit various aunt’s and uncle’s houses to eat and socialize, and end the night with midnight mass. When the family got home, he and his two brothers would each get to open one present.

Daniel’s mom visited him on Thanksgiving Day and will visit again over Christmas.

I just got approved to visit, so I’ll be doing that early in the new year.

Despite Daniel’s ability to put on a happy face, I asked him to tell me a tradition he misses about Christmas on the outside.

He told me about setting up little “villages” all around his house every year. The family custom started at his aunt’s and grandma’s houses. That is where Daniel apprenticed in the art of setting up these elaborate displays of moving parts, twinkling lights and snowy landscapes. He told me he got a kick out of people enjoying the moving ice skaters and miniature scenes of children waiting in line to see Santa.

Daniel seems to be doing fine, though. He’s been behind bars for seven Christmases now, and he’s used to it.

Perspective

The Herr and Kibuishi families have had seven Christmases without Sam and Julie. I’m sure they are not used to it, and never will be.

Every year I unpack ornaments my kids made when they were little; photos of them in Santa hats (and missing front teeth) that are glued into snowman picture frames. I smile when I pull the ornaments out of the box and reminisce about those Christmases years ago. Sometimes I even tear up a little. My kids are safe and sound. I have them.

When you get right down to it, Daniel’s family still has him, even if he is in San Quentin. Daniel can still celebrate the holidays with friends (even if they are also murderers). Sam’s and Julie’s families don’t get that luxury. They only have memories of Christmases past.

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-b72b66714537 I’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-b8f5-73532798beac The 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.