48 Hours Mystery: Point Blank

Did A Man's Obsession With His Wife Lead To His Death?

(CBS)  "There was no blood in his hands. But yet there's massive congealed coagulated blood in the hammer and action. We have to find that source," Robertson says.

That source jumped out at him while studying an enlarged crime scene photo of the blood-stained carpet next to the bed. Robertson's theory is that the gun was lying in the pool of blood next to the bed.

Using the blood-stained carpet swatch taken as evidence, he demonstrates where he believes both the holster and gun fit into the blood pattern on the floor.

To Robertson, the perfect fit made perfect sense in the prosecution's scenario of what happened the morning of Oct. 15. "Traci Rhode put the gun to his head with a pillow covering it. She discharges it. When she did, she dropped the gun, and it landed on the floor," he says.

But waiting for her husband to die, Robertson says, Traci realized she'd made a big mistake. "After some time passed she realized that the gun's on the floor and if this is gonna be a suicide, it's gotta be in his hand."

Traci, says the prosecution, then picked up the weapon and put it into the hands of her dying husband.

But Traci says this was a suicide that the prosecution made look like murder. She says she never touched the gun.

Tracy says the gun, as far as she knew, was never on the floor. "The gun was somewhere on the bed," she says.

Traci's story is the same today as it was in 2003, when she first talked to the police.

She says the gun was laying on the bed, and contrary to what the prosecution says, was in direct contact with the blood-soaked sheets. "I know when I lifted the pillow the gun was somewhere up between his hands. And that's where all the blood was. And the gun was laying in that blood," she says.

Forensic criminalist Richard Ernest agrees. He too studied the evidence for the defense and believes the gun was lying in the blood on the bed. "That area of him around his head, his arms, his hands, was all bathed in a big pool of blood and that is where the gun was taken from," he says.

Scott's hands were washed at the hospital; there are no photos of him at the scene. "There's a tremendous amount of blood here, you'll note also that there is not only blood, but feathers," Ernest says.

And Ernest believes the feathers and the blood on the gun came directly from the bed. "Obviously that gun was lying in that blood for some period of time and to say that there's no other way that blood could be in the mechanism of this gun, than for it to be down on the floor for a while before it was placed in his hand, is a ridiculous proposition to my way of thinking," he says.

Ernesto Gamez would defend Traci in her upcoming trial. "If the prosecution says she touched the gun and there was blood on the gun, then why weren't her finger prints on the gun?" he asks.

Investigators did find a palm print on the handle of the weapon, but it was never identified as belonging to either Scott, Sgt. Flores or Traci.

"From the day one that I first met this woman this woman has been very consistent," says Robert Garza, a former Texas judge who was co-counsel for Traci. "I believe her, by God, she’s telling the truth."

Four years after Scott's death, Traci went on trial.

[hercule1122]

This case is baffling. The husband was clearly a paranoid, schizo who moved his family around like pawns on a chess board. From the details, he most clearly had the motivation to commit suicide. I know the jury found her guilty, but I also know that juries in this country usually are composed of people the defense and prosecution lawyers accept and they may be educated or not. Think about many high profile cases, like O.J. where the evidence was overwhelming and the jury acquitted since the glove didn't fit! I think there is much room for improvement in the system. I think this case was poorly handled.

[Tomcrews]

This case is a travesty! Traci Rhode is a cowardly murderer! Americans totally refuse to hold women ACCOUNTABLE for ANYTHING! Where women are killers, even first degree murder is completely excused. A man would have been executed by lethal injection for this! End of story!

[arn2485]

I've noticed that on this story and others like it that I have read, they automatically stick to the one suspect. Why would there not have been any others? I'm not saying that they are innocent or guilty.

[angleeyes05]

I find it very funny that msmithy thinks that this woman is guilty after reading this artical & not being there!!!!! And to so heartly wish she was dead when she has three little boy's that need her!!!! If you have any kid's I wonder if you show them the same compation & empathy when there going threw something tough as you have this womans three little boy's!!! You should be ashamed of your self!!!!!!!!!! No one really knows if this woman is guilty or not. No ones there when the man was shot! Only god and the people that were present. But reading this artical assuming that all the facts are true.... I can't believe that anyone would think that she was guilty. Guilty peopl usually usually stupid enough not to clean them selves and the crime sene that well that the police and forensic's can't find anything.

[j88833]

are you this stupid that you think because someone has kids that they shouldn't be held accountable for murder? this jury is a perfect example of how unbelievably naive and ignorant our country is. these 12 people had to have an average of about 70 as far as their iq's go.....and yes , this woman IS guilty just as they found her, so yes everyone knows she's guilty....it's just that the morons in that part of texas can't sentence someone correctly. i mean really, what idiotic dumbos. thankfully everybody else thinks this sentence is so wrong that they are going out of their way to make sure the rest of her life is pure hell. a judge already granted jail time as part of her probation, her nursing license was revoked, she was fired from her job the day after her conviction, has a 10,000 dollar fine with no job or money to pay it with, and 1000 hours of community service just to name a few things.

[wyo-kid]

I think the jury made good decisions, and Texas is a good state, but they do need to work on their politicians.

[loyalto1]

Its interesting how people to say nasty things about Texas and yet they don't live here and therefore don't know a thing about texas. That show their true colors!

[rharrin1]

Texas law is funny they can fabricate evidence against this woman but do not know how to investigate a presidential murder or shooting a old man in the face with a shotgun.
Justice truly is blind.

[nlmda]

from www.krgv.com:

BROWNSVILLE - Traci Rhode, the woman once convicted of killing her husband, is in police custody again.

In 2007 a jury found her guilty of murdering her husband. She was sentenced to ten years probation, which started today, and a $10,000 fine.

She appealed the decision, but later decided to drop to appeal. The district attorney?s office stepped in and requested as part of probation she serve jail time. A judge granted the request and Rhode was taken into custody.

She must now serve 180 days in jail, pay the $10,000 fine, and do 1000 hours of community service.

[jessgar]

I am from the rio grande valley and just to inform you-she did get sentenced to jail time on Monday, March 23, 2009. Log on to KRGV.com for more info.

[msmithy]

this one's a real mystery. first off, traci seems genuine in her denial. then, on the other hand, who would have done this? could have been sean when traci went out for her "walk" but they never pursued that. then richard ernest, an expert testified that the gun on the floor wasn't legit evidence. my first thought too, was that anything could have been made to fit the blood pattern on the floor like a rorsach test. authorities were just grabbing at any little thing they could think up. and it was obvious. the prosecutor painting scott like an angel, only to be invalidated by friends kyle and rayna. there was just no evidence she did it. too bad she was wrongly convicted and although she ain't serving jail time, her life is over. the jury didn't do her any favors.

[j88833]

everyone keeps posting things about whether she's guilty or innocent......that's not the issue here, she's already been found guilty, it's the unbeleivably ignorant sentence that's the problem. it's reasons like this that so many women are found headless and in the woods. the prosecution should appeal. if the defense can appeal then so should the prosecution. someone will murder her though (well deserved i might add) and she'll pay that way, i'm sure of it. there's no way our society can let something like this happen. i hope this man's family is not letting this go, because if they do then ther'es something majorly wrong with them and they never loved him to begin with. ...but she'll get hers thopugh, and on that day i'll do a jig.

[j88833]

justiceisblind....i totally agree with you, this woman needs to be killed and i'd be right there with ya to enforce that punishment....anytime and anywhere. if we have people who are actually this unbeleivably naive and ignorant deciding this type of stuff then somebody else , presumably with an iq that's higher than 60 needs to carry out justice for these victims...i also am drawing a blank on how in the world this can be allowed by our system . i thought the judge had rights to change or alter a verdict if they so choosed to....especially in murder cases....like they have the option to impose the death penalty if a jury decides to give life if they want. why is this not happening here. the prosecuters should also be allowed to appeal the verdict or sentence because the defense gets to in the end, so why not the prosecution??? maybe they are allowed and i just don't know about it, but i haven't heard of anyone bringing up this option...anyway, let me know and we'll get started with plans for her demise.......it has to be done, she's a danger to society and her own children as....

[tonynace]

One big thing that the police were using as "evidence" and that everybody missed was the police trying to state that the gun and holster fit up against the blood on the floor in specific places. Think about it. The way the police had them lined up, there was no blood under them, only around the edges of the gun and holster. For that to have happened, those items must have already been on the floor when the blood spilled, in which case the gun couldn't have been used in the shooting.

[tubicha]

I can't believe that with all that what she didi with that gun no fingerprint or other were found on it.

[48hrzfanz]

Interesting episode this week. I only questioned one thing. Why would someone who was planning to commit suicide, put a pillow over his head to muffle the sound? He didn't like the feel of the gun barrel so he chose the softness of a pillow? This is the mystery to me. He's going to be found dead anyway. Maybe he did it die quietly. Who knows?
Why didn't she just leave? Harold Dow asked her that question in the beginning. Most women would have left under those circumstances. If she did leave maybe she wouldn't be in this situation she is in now. Who Knows? I'm baffled.

[someonewithabrain]

I meant "your kds" obviously.....you and I don't have any kids.........but someone may read that and be convinved that we do and have a whole new scenerio worked out to convict you for something.......lol.............sorry, I know this is not a laughting matter

[someonewithabrain]

I want to say one more thing.........to Traci.......don't appeal..........it is too much of a chance to take with your one and only life and you need to be there for our kids......you know your innocent.............don't worry about the rest...........hold your head up high and move on..........don't put you and your family at risk again and put your lives in the hands of a bunch of idopts/

[someonewithabrain]

A jury of your peers, thats where the problems comes in with our justice system......most of the time you get a jury of idiots.........You can't go around convicting people of murder based on what the prosecutors "think happened" . Frankly, I doubt this women killed her husband, but even if she did, there wasn't a drop of convincing evidnce that proved it. Just put your self in her place. Would you want to spend the rest of your life in prison based on the evidence this prosecutor had, or lack there of. After O.J., juries just started convicting everyone to make up for letting that thug murderer off..........now that was some jury..............of o.j.'s peers maybe.........like i said, jury of idiots.......And to the lady that said no one would put a pillow over there head if they were going to commit suicide.........how do you know what someone is gonna do...........i know a girl that set in her closet, (while her husband and young son went to the arcade) surrounded her whole body with pillows and stuck a gun in her mouth and pulled the trigger. i don't understand these people that try to say they "know what someone would or wouldn't do in a certain circumstance. Nobody knows what another persons reaction to anything is going to be unless you know that person awfully well, and then it is still hard to predict. Let's face it, our justice system is screwed up.................Becasue of thie "Jury of your Peers" thing doesn't work, because there are so many nuts in the world....besides that, most people that sit on juries are uneducated, undereducated, or motivated to be there by some underlying reason they want to fullfill. Cause the truth is, anyone with any sense can get out of jury duty if they really want to................Who does that leave to serve on our juries. Jeffrey Dommer received boxes and boxes of love letters from women who actually changed their appearance to look like the women he was murdering and mutalating......does that tell you about the nuts that we have in our society..........I end on this note......I love these people that say, but I go to church every sunday..........My answer.......The BK Killer went to church every sunday................thank about it

[tmsaurman]

Why isn't anyone paying attention to the fact that there was a bloody palm print on the gun that did not match Traci, Scott or the Detective on the case. Doesn't that tell someone that Traci didn't do it but at the same time Scott didn't commit suicide. I agree that a man that was determine to get a divorce and take the kids wouldn't have commited suicide.
Has anyone even thought of the guy that kissed her, maybe she told him no not right now and it pissed him off. Duh people the crime scene was compromised when the paramedics got there. As for the blood on the floor, what about the hoslter being in two different places during the pictures. Hello, doesn't that sound like things being moved while evidence is being processed. Sounds like a set up to me.

[Scimajor]

Jury's, you have to love them don't you? People with no legal background are asked to make legal decisions that affect people's lives forever.

Judges are hadly better however. Just look at the Supreme Court. If they really were the cream of the crop then you'd think 99% of their decisions would be unanimous wouldn't you? Instead Supreme Court Justices are rarely in agreement. How can this be? They are supposed to impartially interpret the law. That they can't even agree with each other shows that they are either incompitant or corrupt or both.