Deep Secret

Was A Missing Teen A Runaway Or The Victim Of A Serial Killer?

(CBS) 
"He was a good looking fella. And he loved to be dressed nicely," Flossie Klee says as she looks at photos of her son, Jeff. She even remembers what he had on the last time she saw him in 1977.

"I remember he had this shirt on with little tiny roses," she says. "They were little tiny one. He really liked that shirt." Her daughters laugh. "I don't remember any roses," says Laurel. "We do miss him. And what he could have been," says Flossie.

It's not just losing a son and brother that is so difficult for the Klee family. They are still reeling from learning that Jeff's best friend may be responsible.

"Maybe it was an accident. But, why did they have to cover it up then?" Flossie asks. "We might never know. So, there's always going to be a question in all of our minds."

What do they think of David Cusanelli today? "I think that he and his brother - both are cowards. They knew where Jeff was for 31 years," Cyndy says.

Immediately after David and his brother, Carl, gave their taped statements to the police, they hired attorney Mitch Polay. The Cusanellis wouldn't talk with 48 Hours Mystery, but Polay did.

Polay does not agree with police calling David's statement a confession. "I call it something that's coerced. I call it something that's manufactured," he tells Erin Moriarty.

Polay says the police fed David information and pressured him into admitting he was there the night Jeff died. But Moriarty points out examples from police tape that shows that does not seem to be the case.

"This does not come from police. When he says, 'Did you see an injury?' David responds, 'On the forehead.' That came from David," says Moriarty. "David is the one who said it was split wide open."

"David is the one who says 'It's a couple of inches of a gash,'" she continues. "That wasn't fed by the police. That sounds like real details, doesn't it?"

"But you have to take a step back," responds Polay. "Before he answered that way, with some specificity, who brought up the fact that he tripped and fell first? It was the police."

And Carl, his attorney says, got the same treatment.

"Every time he would say, 'I didn't have any type of involvement, I don't remember,' the police would say, 'That's not a good enough answer for us. That's not good enough. We could help you along,'" Polay says.

"I'm not saying that they didn't have anything to do with it," he says. "I'm saying that they both denied having anything to do with it. And I don't think that these so-called confessions, confirm anything."

The Klees hoped a criminal court would settle the matter, but then came a development that no one expected: Assistant State's Attorney Shari Tate Jenkins announces that the Cusanelli brothers won't face any charges.

"We don't have any evidence to suggest homicide, because it could have been accidental." Jenkins says there is simply not enough evidence to prove premeditated murder.

The main problem is that no one can even say how Jeff died. His skeletal remains, meticulously examined, reveal nothing - not whether he was drowned, stabbed, shot or hit in the head with a rock.

But what about Danna Holmes, who told police that David confessed to her?

"If you took that alleged statement as factual, that indicated an accidental death and really gave no details whatsoever of that," says Jenkins.

And as for David's own admissions?

"I don't think I could describe it as confession," Jenkins says. "He doesn't say, definitively, 'I hit him.' In fact, he, many times, stresses the opposite."

Jenkins says Carl Cusanelli "places himself there only to help his brother do something with the van. He claims no knowledge of Jeff Klee being there."

Even if it was an accident, what about manslaughter charges against the brothers? That's out too, because, says Jenkins, you have to apply the law that existed in 1977.

The Florida law has since changed, but in 1977, there was only a three-year statute of limitations on manslaughter, meaning that the state could only bring charges three years after a death. By 2008, the clock had long run out not only on manslaughter, but on lesser charges related to concealing the crime - even though no one even knew Jeff Klee was dead.

"They'll never pay for the crime," says Weissman, "which is frustrating to the police department, frustrating for the Klee family."

At a press conference with Weissman at her side, Laurel Klee made the following statement on behalf of her family: "We are burdened by knowing that someone who we believe put our brother in this van and pushed him in the canal will not be legally held accountable."

With no case pending, Jeff's belongings are returned to his mother and sisters.

"There were a few things my family decided to keep. They're strictly for their own personal remembrances," says Flossie. Among the belongings, Flossie finds a tiny threadbare piece of cloth with a faint but familiar pattern. It's the shirt with the roses that she has remembered all these years.

Flossie allows the remnant of Jeff's van to be towed away and junked.
Thirty one years ago, Jeff left in that vehicle, intending to spend a night out with his friends. His family feels he has finally come home.

"It's over with. We know the people involved. Are they gonna get justice? They probably won't. But, they have to live with themselves and as far as I'm concerned, that's the end of the story."

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The Klees cannot sue in civil court for wrongful death because the statute of limitations has run out.

The Florida legislature recently refused to change the law to allow more wrongful death suits.

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Watch the full episode

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[wyo-kid]

I'd say the Cusanelli brothers will pay for this crime with troubled consciences for the rest of their lives.

[p_rowe]

I am still absolutely stunned. I was 13 in this circle of friends in Coral Springs when Jeff went missing and we all figured the pressure of having so much responsibility at such a young age had caused him to leave. As an adult, I believe in retrospect that we all knew deep down something was very wrong but, with a kid's optimism, wanting to believe our friend was alive and well, it was easier to romanticize it.

I cannot imagine how David has lived with this all of these years. I was closer in age to his younger brother Peter and even noticed a change in him, a troubled sadness (at the risk of sounding melodramatic). I just hope that, now that the truth is out, everyone, especially Jeff and David, can find some peace.

[enough-already]

"You will be judged by God almighty in the end. A suffering is in store for you that no man can imagine . God bless the family and bring them peace. Posted by mypatch

Well, which is it? Is you god a loving and forgiving god, that would bless the family and bring them peace? Or is your god an evil, vengeful god that will cause this person suffering that no man can imagine? Sounds like a pretty messed up god, if you ask me. Can't decide if it's good or bad, mean or loving and forgiving. That's why I think the whole god idea is a silly crock.

[stickdog3]

What never has been explained and likely wont, is what did the guy in Attica State Prison want to tell the daughter?

[stickdog3]

This is a very sad case. That girlfirend of Jeff at the time is the biggest culprit in all this. Shes the puppet master, who put this whole thing in motion. As far as the two brothers, they have died a thousand deaths already and since this has gone public they really will be tortured by their own selves. David will continue to drink and tell women about his involvement. Moral of the story - never be to trusting of anyone, Anyone. Nothing personal, but theres some scandalous women in this World. His girlfriend probably didn't think nothing of this at the time. I see this type stuff on the show "Cheaters" every week. They look at these guys as paper towels are sponges, soak 'em than toss 'em away. Be careful out there.

[cjhappycat]

Are u kidding. Yes a very sad case. But why would infidelity equal murder. There is no excuse for murder. Sounds like you have been burned by a woman so you are making excuses for a murderer.

[MiddleClassWorker]

Where does the "serial killer" part come in?

[mypatch]

My condolences to the family and now the mystery is solved. As for the perpretrators of this horrible act. You will be judged by God almighty in the end. A suffering is in store for you that no man can imagine . God bless the family and bring them peace.

[Dgunner]

Before you can finish reading this article the same thing happened 50 times elswhere and will not be discovered for years. It is upon our bother and sisters that we place the in humanity that is human. Sigmund Freud.

[ibsteve2u]

This appears to be a killing over an unfaithful girlfriend. But as the transcript shows, there appears to be no independent recollection, remember both had been drinking, of how the killing occurred. Obviously, there was no premeditation.
Posted by bajajohn1 at 10:20 PM : Jun 3, 2009

Concur...there appears to be plenty of personal guilt to go around, but not so much legal guilt.

Would have liked to have seen a picture of the two side by side - the victim, who the story reports as "strong", and the suspect, who the story describes as physically...de nada.

Makes a difference, when you're potentially talking about one strong, angry guy who is displaying an intent to wreak havoc over the infidelity of a woman.

[gramto8]

Wow, these people really got ripped! How sad that such a horrible crime can have a statute of limitations at all, let alone a measley three years! ...SNIP...

Posted by galsmiley at 1:02 PM : Jun 3, 2009

Did you notice in the article that it was stated that the law that was in place in 1977 when the crime occurred has since been changed?