Killer Performance

DANIEL WOZNIAK. IT WAS THE ONLY NUMBER THEY HAD WITH A LONG BEACH AREA CODE. AND THE MONEY WAS BEING WITHDRAWN ?>> FROM LONG BEACH. THE AREA CODE BELONGED TO DAN WOZNIAK .>> HELP ME, PAPA HELP ME, SOMEONE !>> Reporter: DAN WOZNIAK, A LOCAL ACTOR WITH A MAGNETIC PERSONALITY ...>> (\ SINGING \)>> Reporter: ... WHO WOULD SOON BE STARRING IN A REAL- LIFE POLICE DRAMA .>> I'LL TELL YOU ANYTHING YOU WANT TO KNOW .>> Reporter: JULIE KIBUISHI WAS DEAD, AND SAM HERR WAS STILL NOWHERE TO BE FOUND, AS POLICE INVESTIGATORS SPREAD ACROSS ORANGE COUNTY AND LOVED ONES TRIED TO MAKE SENSE OF THE IMPOSSIBLE .>> WHERE IS SAM? WHAT'S GOING ON? BECAUSE, HE'S NOT A GUY TO, YOU KNOW, GO AND MURDER SOMEONE .>> WHO KILLED HER? DON'T KNOW. STILL, THE INVESTIGATION IS ONGOING .>> THE FIRST THING THAT THEY SAID WAS, " SAM KILLED MY DAUGHTER AND THEN RAN AWAY. HE'S ON THE RUN .">> Reporter: WHAT WAS GOING THROUGH YOUR HEAD ?>> I HOPE SAM IS FINE, THAT HE'S SAFE. I THOUGHT MAYBE THEY GOT HIM TIED DOWN SOMEWHERE, RANSOM OR SOMETHING .>> IT'S HARD IN THAT SENSE THAT YOU KNOW THAT THERE'S SOMETHING GOING ON AND YOU DON'T KNOW ALL THE PIECES. AND YOU JUST WANT THE ANSWER, AND YOU'RE WILLING TO DO ANYTHING TO FIGURE OUT THE ANSWER. >> Reporter: THE ANSWER WOULD BEGIN WITH STEVE HERR DIALING THAT LONG BEACH NUMBER ONE OF SAM'S FRIENDS HAD MENTIONED. DAN WOZNIAK ANSWERED THE CALL. >> AND HE... HE SOUNDED NERVOUS. AND THAT'S WHEN HE TOLD ME SAM HAD PROBLEMS. HE WAS HAVING FAMILY PROBLEMS .>> Reporter: FAMILY PROBLEMS ?>> FAMILY PROBLEMS .>> Reporter: WHY WAS THAT SUCH A RED FLAG TO YOU ?>> BECAUSE OF THE CLOSENESS SAM, MYSELF AND RAQUEL HAD. THERE WERE NO FAMILY PROBLEMS. ARE YOU KIDDING ME ?>> Reporter: AND THEN, ALONG CAME WESLEY FREILICH. SO, HOW'D YOU MEET DANIEL WOZNIAK ?>> MY MOM WAS A THEATER TEACHER, SO, BY NATURE, I DRIFTED TOWARDS ACTING AS AN EXTRACURRICULAR ACTIVITY .>> (\ SINGING \)>> Reporter: THE ACTORS MET ON STAGE BACK WHEN WESLEY WAS IN MIDDLE SCHOOL .>> FANTASTIC GUY. ONE OF THOSE GUYS THAT YOU ACTUALLY WANTED TO BE AROUND. MADE YOU LAUGH. VERY SWEET PERSON. >> (\ SINGING \)(\ APPLAUSE \) >> Reporter: AND IN 2010, WOZNIAK WAS A SMALL- TOWN STAR IN THE PLAY " NINE ," DOWN AT THE COMMUNITY THEATER. WAS DANIEL A GOOD ACTOR ?>> YEAH .>> Reporter: HOW DID DAN TREAT YOU ?>> AS A FRIEND, AS A LITTLE BROTHER .>> Reporter: DID YOU TRUST DAN ?>> YEAH .>> Reporter: DAN TOLD THEN- 17- YEAR- OLD WESLEY HE COULD MAKE FAST MONEY USING A BANK CARD ...>> I WAS JUST LIKE, " YEAH, WHY NOT ." >> Reporter: ... EVEN THOUGH THE NAME ON THE CARD READ " SAM HERR .">> SO, I WENT TO THE A. T. M ., DID EXACTLY LIKE HE TOLD ME AND WITHDREW MONEY, AND THEN CAME BACK AND GAVE HIM THE MONEY .>> Reporter: SO, HIS CREDIT CARD WAS STILL ACTIVE ?>> YES. IT WAS BEING USED IN THE LONG BEACH AREA. THERE WAS AN INDIVIDUAL PULLING MONEY OUT .>> Reporter: IT WASN'T SAM TAKING OUT THE MONEY ?>> IT WASN'T SAM .>> Reporter: WHAT DID THE PERSON LOOK LIKE ?>> A YOUNG, 17- TO 20- YEAR- OLD WHITE MALE. BASEBALL HAT .>> Reporter: WESLEY IN DISGUISE, FLASHING SAM HERR'S BANK CARD. SOMEBODY ORDERED A PIZZA ON SAM'S CREDIT CARD ?>> YES .>> SO, I ORDER THE PIZZA. >> Reporter: WHAT DID YOU THINK WHEN YOU SAW THAT ?>> WELL, WE THOUGHT SAM WAS GETTING SLOPPY BECAUSE HE USED HIS CREDIT CARD TO GET A PIZZA .>> Reporter: SO, OF COURSE, YOU WENT TO THAT HOUSE .>> YES .>> FINISHED THE PIZZA, WAS INSIDE, HEARD A HELICOPTER. LOOK OUTSIDE-- TWO COP CARS, F. B. I. VAN, HELICOPTER. AND THEN, THAT'S WHEN I OPEN UP THE DOOR, AND THEY SAY, " GET ON THE GROUND ." AND THEN, THAT'S WHEN THEY ALL COME IN .>> Reporter: SHAKEN AND SCARED, WESLEY TOLD INVESTIGATORS ALL ABOUT DANIEL WOZNIAK. HOW WOZNIAK INSISTED IT WAS PERFECTLY OKAY FOR WESLEY TO WITHDRAW MONEY FROM THAT A. T. M. IN LONG BEACH. IT TURNED OUT WOZNIAK WAS SAM'S NEIGHBOR, AND HE WAS GETTING MARRIED IN A FEW DAYS. WHEN POLICE SHOWED UP AT HIS BACHELOR PARTY .>> DANIEL SEEMED SURPRISED TO SEE US. SEEMED SOMEWHAT A LITTLE NERVOUS. YOU COULD SEE THE BLOOD JUST DRAIN FROM HIS... HIS FACE, AND HE MADE A STATEMENT TO ME THAT HE WOULD TELL US EVERYTHING .>> Reporter: WHAT WERE YOU THINKING ?>> I THOUGHT AT THAT POINT HE WAS GOING TO LEAD US TO SAM .>> § AND YOU WILL BE MY TRUE LOVE §>> Reporter: WOZNIAK'S WEDDING LOOKED LIKE IT MIGHT JUST HAVE TO BE POSTPONED. FELLOW ACTOR AND BLUSHING BRIDE- TO- BE RACHEL BUFFET WOULD LATER TELL DR. PHIL ALL ABOUT IT .>> I FIRST MET DAN DOING A PLAY, AND I QUICKLY FELL FOR HIM. IN LATE 2008, HE ASKED ME TO MARRY HIM. I LOOKED AT IT AS THOUGH WE WERE GOING TO HAVE AN AWESOME FUTURE .>> Reporter: BUT THE CURTAIN WAS ABOUT TO COME DOWN ON THOSE PLANS .;;;; CLEAR FOR SUBS ?>> I WILL TALK TO YOU ABOUT ANYTHING IF IT GETS ME TO MY WEDDING ON FRIDAY. THAT'S WHAT I WILL PROMISE .;;;; SUBS END >> Reporter: CONVINCED WOZNIAK IS SOMEHOW COVERING FOR SAM ...;;;; CLEAR FOR SUBS ?>> YOU'RE NOT GOING TO BE LEAVING HERE ANYTIME SOON .;;;; SUBS END... HE IS CHARGED AS AN ACCESSORY TO THE MURDER OF JULIE KIBIUSHI. ;;;; CLEAR FOR SUBS ?>> YES, I HELPED SAM GET AWAY. YES, I DID NOT KNOW WHAT HE WAS PLANNING UNTIL THEN .;;;; SUBS END >> Reporter: WOZNIAK FIRST TELLS DETECTIVES HE SAW SAM THE SAME DAY JULIE WAS MURDERED, AND HE CLAIMS SAM DROVE OFF WITH A MYSTERIOUS MAN IN A BLACK HAT. BUT THEN ...>> HE TOLD US THAT THAT WAS A LIE, THERE REALLY WASN'T A PERSON WITH A BLACK HAT IN THE CAR. IT WAS HIM AND SAM, INITIALLY .>> Reporter: NO GUY WITH A BLACK HAT ?>> NO GUY WITH A BLACK HAT .;;;; CLEAR FOR SUBS ?>> I WANT EVERY MINUTE DETAIL ...>> OKAY .>> ... OF YOUR INVOLVEMENT IN THIS THING. >> OKAY! I'M TRYING, OKAY? PLEASE !;;;; SUBS END >> Reporter: THE INTERROGATION WEARS ON .;;;; CLEAR FOR SUBS ?>> DID YOU SEE JULIE DEAD IN THE APARTMENT? >> NO, I DID NOT .>> WERE YOU THERE WHEN SHE WAS SHOT? >> NO, I WAS NOT .>> ARE YOU SURE ABOUT THAT? >> I DON'T EVEN KNOW WHEN SHE WAS SHOT. ;;;; SUBS END >> Reporter: UNDER THE SPOTLIGHT ...;;;; CLEAR FOR SUBS ?>> SIT DOWN. SIT DOWN, DANIEL. SIT DOWN. ;;;; SUBS END... THE ACTOR HEIGHTENS THE DRAMA ...;;;; CLEAR FOR SUBS ?>> YOU'RE DRIVING WITH SAM, AND HE TELLS YOU THAT HE DID SOMETHING BAD .>> HE DID SOMETHING BAD. I'M ON THE FREEWAY WHEN HE TELLS ME THIS. ... TELLING DETECTIVES SAM HAD ACTUALLY CONFESSED TO HIM .>> I PULL OFF THE FREEWAY, AND I'M LIKE, " WHAT THE (\ BLEEP \)? WHAT... WHAT HAVE YOU... WHAT HAVE YOU GOTTEN ME INTO? WHAT ARE YOU DOING ?" HE WAS LIKE, " DUDE, IT'S NOT GOOD. THERE'S A BODY IN MY APARTMENT. I SHOT SOMEBODY .">> DANIEL SAID THAT SAM HAD TOLD HIM THAT JULIE KUBIASHI WAS IN HIS ROOM AND THAT HE HAD KILLED HER .>> Reporter: THEN, ACCORDING TO WOZNIAK, SAM HERR ISSUED A DEATH THREAT .>> HE SAID, " WELL, I KNOW WHERE YOU LIVE .">> OKAY .>> HE'S LIKE, " YOU RAT ME OUT, I'M GOING TO (\ BLEEP \) KILL YOU .">> Reporter: WOZNIAK SPUN THE

SAM AS A KILLER ON THE RUN, DESPERATE FOR CASH; WESLEY FREILICH MADE THE WITHDRAWALS; AND WOZNIAK, IN EXCHANGE FOR HIS SILENCE, TOOK A CUT OF SAM'S MONEY AS SAM PLOTTED HIS ESCAPE. DID IT SEEM LIKE DANIEL WAS WILLING TO TELL YOU WHERE SAM WAS ?>> NO. NOT AT ALL. >> Reporter: DID YOU THINK DANIEL KNEW WHERE SAM WAS ?>> MY GUT INSTINCT: YES .>> AND THERE'S MORE TO THIS THAN YOU'RE TELLING US. THERE'S A WHOLE LOT MORE. >> Reporter: PROSECUTOR MATT MURPHY WOULD EVENTUALLY BE TASKED WITH PUTTING ALL THE PIECES TOGETHER IN A CASE THAT SHOCKED EVEN THE VETERAN D. A .>> AS FAR AS THE CASES I'VE DONE, THIS IS AS UGLY AND AS RUTHLESS AND AS HORRIFIC AS ANYTHING I HAVE EVER SEEN .>> DO YOU WANT TO TALK TO US, YES OR NO? >> YES .>>\ TONIGHT'S " 48 HOURS" WILL \ CONTINUE .>> Reporter: IT'S ALMOST 2: 00 A. M ., FOUR HOURS AFTER GETTING ARRESTED AS AN ACCESSORY TO MURDER ...>> THAT YOU'RE LYING.... AND DANIEL WOZNIAK IS STILL INSISTING HE DOESN'T KNOW WHERE SAM HERR IS. >> WE WANT TO TALK ABOUT WHAT HAPPENED TO SAM .>> I DON'T KNOW WHAT HAPPENED TO SAM .>> Reporter: SOMETIMES WHISPERING, SOMETIMES YELLING... >> I DON'T KNOW WHAT ELSE YOU WANT ME TO SAY. I DON'T KNOW! I DON'T KNOW! ... WOZNIAK STUCK TO THE SCRIPT .>> WELL, WHAT I JUST TOLD YOU WAS THE HONEST TO GOD TRUTH .>> Reporter: HE DROPPED SAM OFF AND WAS EXPECTING TO HEAR FROM HIM SOON .>> YOU'RE DONE ?>> Reporter: SUSPECTING HE WAS LYING, THE DETECTIVES TURNED UP THE HEAT. >> YOU ALWAYS WANT TO HAVE THAT GOOD GUY / BAD GUY KIND OF COP THING GOING, AND IT ALWAYS WORKS .>> YOU CAN'T EVEN KEEP YOUR LIES STRAIGHT. IN OUR CASE, IT WORKED REAL WELL. >> Reporter: THE HARDER THEY PUSHED ...>> MAN UP.... THE MORE HIS STORY CHANGED. HE WENT FROM SAYING HE NEVER ENTERED SAM'S APARTMENT,

>> HE CAME DOWN AND SAID, " HELP ME ." I WENT UPSTAIRS AND, YES, I SAW THE GODDAMN BODY. IS THAT WHAT YOU WANT TO HEAR ?>> Reporter: WOZNIAK GOES ON TO MAKE HIS BIGGEST MISTAKE YET. >> WHAT'D YOU SEE ?>> SAW TWO GUNSHOTS IN HER HEAD. >> Reporter: RED FLAG ?>> YES, BEYOND RED FLAG. ALARM BELLS GOING OFF .>> Reporter: IT WAS THAT STATEMENT, SAYS SENIOR DEPUTY DISTRICT ATTORNEY MATT MURPHY, THAT PUT DANIEL

PRIME SUSPECT .  >> YOU CAN'T SEE THE BULLET HOLES. WHAT YOU SAW ON THE BACK OF HER HEAD ACTUALLY WAS BRAIN MATTER. THAT'S WHAT YOU SAW. YOU CAN'T SEE BULLET HOLES IN THE BACK OF HER HEAD. THAT'S REALLY WHERE IT TURNED .>> Reporter: DETECTIVES NOW BELIEVED HE KNEW MORE THAN HE WAS SAYING, BUT THEY STILL DIDN'T KNOW WHAT .>> YOU CAN GO OVER AND SIT RIGHT THERE .>> Reporter: THEY DECIDED TO BRING RACHEL IN, TO SEE IF THAT WOULD TELL THEM MORE. >> THEY WANT TO SEE WHAT SHE'S GOING TO DO. THEY WANT TO TEST AND SEE, COULD SHE BE INVOLVED IN THIS ?>> THIS IS TRUE, ISN'T IT ?>> Reporter: RACHEL BARELY REACTED TO THE NEWS THAT THE MAN SHE WAS SET TO MARRY THE FOLLOWING DAY WAS UNDER ARREST FOR COVERING UP A MURDER, OR THAT HER WEDDING WAS OFF. DID SHE SCREAM AT HIM? DID SHE CRY ?>> NO .>> NOT ONE TIME .>> Reporter: ANOTHER HUGE RED FLAG TO THE DETECTIVES. DANIEL TOLD YOU THAT RACHEL KNEW NOTHING. DID IT SEEM LIKE SHE KNEW NOTHING ?>> NO, IT... IT SEEMED LIKE SHE KNEW MORE .>> WHY DID YOU LIE TO ME? IT ALMOST SEEMED TO US THAT SHE WAS TRYING TO FIGURE OUT " WHAT HAVE YOU TOLD THEM THAT I NEED TO KNOW ?">> HELLO ?>> HI, BABY .>> Reporter: WHEN THE TWO TALKED ON A RECORDED PHONE CALL FROM JAIL, IT WAS CLEAR SHE AT LEAST KNEW ABOUT

THIS BACKPACK. DANIEL HAD GIVEN IT TO HIS BROTHER TIM TO THROW AWAY. >> TIM SAYS HE HAS EVIDENCE WITH HIM OR HE KNEW WHERE IT WAS OR SOMETHING .>> THEN, I'M DOOMED .>> DO YOU KNOW THAT TIM HAD SOME EVIDENCE ?>> YEAH. OH, GOD. OH, GOD. OH, GOD .>> THIS IS RIDICULOUS, AND I HAVE TO GO TELL THE DETECTIVES THE TRUTH .>> NO, NO, BABY, BABY. NO, DON'T, DON'T, DON'T, DON'T, DON'T. THAT CAN'T BE FOUND. BABE, LISTEN TO ME. I'M GOING TO GO DO SOMETHING RIGHT NOW, AND YOU'RE NOT GOING TO SEE ME FOR THE REST OF YOUR LIFE. DO YOU UNDERSTAND THAT ?>> NO. NO .>> I HAVE TO TELL THE TRUTH ON WHAT I DID, AND I THINK YOU NOW KNOW WHAT IT IS. AND IT'S BAD. IMAGINE THE WORST, AND THAT'S WHAT I DID .>> Reporter: THE POLICE DID FIND THAT BACKPACK, AND, JUST AS WOZNIAK HAD SAID, IT LED TO HIS DOOM. >> HE KNOWS WHAT'S IN THAT BACKPACK BECAUSE HE PUT IT THERE. SHELL CASINGS FROM JULIE'S MURDER, SAM'S WALLET, SAM'S I. D ., THE CHECKBOOK, SAM'S BLOODY CLOTHES. THIS IS A BONANZA OF EVIDENCE. HE KNOWS HE'S DONE. >> YOU'VE INDICATED TO ME THAT YOU WANT TO TALK TO US .>> Reporter: THAT AFTERNOON, DANIEL WOZNIAK SENT WORD TO THE DETECTIVES THAT HE WANTED TO TALK. >> HE LOOKED EMOTIONALLY DRAINED. HE JUST... HE STARTED SPEAKING TO US .>> Reporter: WHAT DID HE SAY ?>> THAT HE DID IT .>> I'M CRAZY, AND I DID IT .>> YOU DID WHAT ?>> I KILLED JULIE, AND I KILLED SAM .>> Reporter: THE DETECTIVES COULDN'T BELIEVE WHAT THEY WERE HEARING. SAM HERR, THE MAN THEY BELIEVED KILLED JULIE, WAS DEAD-- NOT A MURDERER, BUT ANOTHER VICTIM IN WOZNIAK'S TWISTED SCHEME. WHAT WENT THROUGH YOUR HEAD AT THAT POINT ?>> WELL, WE KNEW THAT NOW WE JUST HAD TO LISTEN TO HIM, ASK HIM SOME QUESTIONS, WHAT HE DID WITH SAM. THAT WAS OUR BIGGEST THING, BECAUSE WE WANTED TO FIND SAM .>> SAM IS DECAPITATED .>> OKAY .>> Reporter: IN A COLD, MATTER- OF- FACT TONE, WOZNIAK TOLD DETECTIVES WHERE TO FIND SAM, AT LEAST PIECES OF HIM. AFTER SHOOTING THE WAR HERO, WOZNIAK DISMEMBERED HIM WITH AN AX AND SAW, AND THEN TOSSED SOME OF THE BODY PARTS ACROSS THIS PARK, NOT EVEN BOTHERING TO BURY THEM .>> I WAS IN SHOCK. AND THEN, TO HEAR THE GRIZZLY PART OF THE DISMEMBERMENT AND THEN DISCARDING THE BODY PARTS IN THE PARK AND THEN HIS JUST OVERALL ATTITUDE WAS JUST CHILLING FOR ME .>> THEY SAID, " STEVE, WE'VE GOT TO COME OVER. WE'VE GOT TO SEE YOU ." THEY PULLED UP, AND THEY CAME IN, AND THEY SAID, " SAM WAS MURDERED .">> THAT'S WHEN I RAN UPSTAIRS TO THE ROOM, AND I LOST IT .>> Reporter: THE DETECTIVES DIDN'T TELL THE GRIEVING PARENTS THE GRISLY DETAILS OF THEIR SON'S MURDER UNTIL THE NEXT DAY .  >> THEY CALLED ME UP AND SAID, " STEVE, BEFORE YOU FIND OUT BY THE NEWS, SAM WAS DISMEMBERED ." THAT... THAT'S WHEN I JUST WENT OFF THE END, DEEP END. I WAS ANGRY. I WAS ANGRY. >> Reporter: THE POLICE WERE ABLE TO FIND ALL OF SAM'S BODY PARTS, EXCEPT HIS HAND AND HEAD. >> THE NEXT DAY, THE SATURDAY, WAS HIS BIRTHDAY, AND I WAS PRAYING FOR THEM TO FIND SAM'S HEAD. A FATHER HAS TO PRAY ON HIS SON'S BIRTHDAY THAT THEY FIND HIS HEAD. GO AHEAD AND TELL ME HOW I FEEL. >> Reporter: SAM'S HEAD WAS FOUND IN THE PARK UNDER SCATTERED LEAVES ON HIS 27th BIRTHDAY. HIS HAND WAS NEVER FOUND .>> IT IS BEYOND GHOULISH. IF THERE'S A WORD IN THE ENGLISH LANGUAGE THAT SUMS THAT UP, I DON'T KNOW WHAT IT IS .>> Reporter: SAM HERR WAS GIVEN A HERO'S BURIAL WITH FULL MILITARY HONORS. HIS ALLEGED KILLER, DANIEL WOZNIAK, WAS IMMEDIATELY CHARGED WITH TWO COUNTS OF FIRST- DEGREE MURDER. DANIEL'S BROTHER, TIM, AND RACHEL BUFFETT WOULD ALSO BE ARRESTED, NOT FOR MURDER BUT AS ACCESSORIES AFTER THE FACT-- TIM FOR HIDING THAT BACKPACK; AND RACHEL, COPS SAY SHE LIED TO THEM ...>> IS THAT YOUR TRUE NAME, MR. WOZNIAK ?>> Reporter: ... EITHER TO PROTECT DANIEL OR TO COVER HER OWN TRACKS. >> WE ALWAYS FELT RACHEL WAS A PART OF THIS. SHE WAS LIVING WITH HIM .>> Reporter: DO YOU THINK THAT RACHEL WAS INVOLVED IN THIS FROM THE BEGINNING ?>> YES. YES, THAT SHE KNEW ABOUT IT. SHE KNEW ABOUT IT \ BEFORE \ THIS HAPPENED. >> I ABSOLUTELY FEEL LIKE I WAS DUPED BY DAN .>> Reporter: WHILE AWAITING TRIAL, RACHEL-- BY THEN, OUT ON BAIL-- MADE THAT APPEARANCE ON " DR. PHIL ," TELLING EVERYONE SHE DIDN'T KNOW A THING .>> DID YOU KNOW THAT HE HAD ANY INVOLVEMENT IN THESE MURDERS AT ALL? >> NOT UNTIL AFTER THE POLICE DID. >> Reporter: STEVE HERR WAS NOT ABOUT TO LET RACHEL BUFFETT GO ON NATIONAL TV WITHOUT CONFRONTING HER. >> I WAS AGHAST WHEN I GET A CALL SAYING YOU'RE GOING ON TV. MY SON IS DEAD. HE WAS CUT UP INTO PIECES, AND YOU TO COME ON HERE AND... AND GO ON THE TV STATIONS, " POOR ME ," THAT OFFENDS ME. >> I UNDERSTAND. AND MAYBE I MADE A BAD JUDGMENT CALL BY COMING ON HERE, BUT I DIDN'T COME OUT WHEN EVERYTHING FIRST HAPPENED AND SAID, " OH, LOOK AT THIS HORRIBLE SITUATION. I'M THE VICTIM ." YOU KNOW, YOU DIDN'T SEE ME SELLING MY STORY TO HOLLYWOOD TO MAKE A MOVIE .>> NOT YET .>> Reporter: NO HOLLYWOOD VERSION COULD BE WORSE THAN WHAT YOU'RE ABOUT TO HEAR. COMING UP ...>> RELAX.... YOU'LL SEE THE KILLER DESCRIBING HOW AND WHY HE DID IT. >> YOUR MOTIVE BEHIND KILLING SAM WAS ?>> (\ LAUGHS \) >> STOP IT. PULL YOURSELF TOGETHER .>>\ TONIGHT'S " 48 HOURS" WILL \ CONTINUE .>> HI. MY NAME IS DAN WOZNIAK. I'LL BE PLAYING THE ROLE OF JOHN DAVIDSON, ORANGE COUNTY ...>> Reporter: THIS IS THE FACE DANIEL WOZNIAK PRESENTED TO THE WORLD ...>> GODDAMN! I'LL JUST SAY ORANGE COUNTY .>> Reporter: ... A HAPPY, FUN- LOVING ACTOR ...>> YAY !>> Reporter: ... HAMMING IT UP ALONGSIDE FIANCÉE RACHEL BUFFET. A REAL NICE GUY .  BUT THAT IS NOT WHO HE IS, SAYS PROSECUTOR MATT MURPHY. SO, WHAT'S THE REAL FACE OF DANIEL WOZNIAK ?>> THE REAL FACE OF DANIEL WOZNIAK IS DARK AND MANIPULATIVE AND FLAT- OUT EVIL .>> Reporter: A MAN SO EVIL, HE PLANNED AND EXECUTED TWO SAVAGE MURDERS. WHY? TO PAY FOR HIS HONEYMOON .>> IT WAS ALL JUST ABOUT THE MONEY. THAT WAS IT .>> Reporter: DESPERATE TO IMPRESS HIS BRIDE, THE GROOM- TO- BE SET HIS SIGHTS ON FRIEND AND NEIGHBOR, SAM HERR, WHO HE KNEW HAD SAVED ALL THAT MONEY AS A SOLDIER. >> WHO WOULD'VE KNOWN THAT BECAUSE HE HAD BUILT UP A CERTAIN AMOUNT OF MONEY THAT THAT WAS GOING TO COST HIM HIS LIFE? HAD I... HAD I KNOWN THAT, I WOULD'VE HAD HIM SPEND ALL HIS MONEY AND BE PENNILESS. HE'D STILL BE ALIVE. >> Reporter: WOZNIAK TOLD THE POLICE THAT HE LURED SAM TO THE ATTIC OF THIS THEATRE PRETENDING HE NEEDED HELP MOVING SOMETHING. SAM BEING SAM OBLIGED, SAYS MOM RAQUEL. >> HE LOVED TO HELP PEOPLE, BUT HE ALSO WAS VERY NAIVE. HE JUST TRUSTED PEOPLE .>> Reporter: HE TRUSTED WOZNIAK ENOUGH TO TURN HIS BACK ON HIM. THAT'S WHEN THE ACTOR SHOT HIM. >> I SHOT HIM ONCE, AND THEN HE WAS STILL ALIVE, SAYING, " I NEED HELP, I NEED HELP. SOMETHING HIT ME. IT SOUNDED... IT FELT LIKE AN ELECTRIC SHOCK .">> UH- HUH. AND THEN, WHAT'D YOU DO ?>> I RELOADED AND FIRED AGAIN .>> Reporter: WOZNIAK STOLE SAM'S PHONE AND CREDIT CARDS, THEN LEFT HIS BODY IN THE ATTIC, THEN-- UNBELIEVABLY-- PERFORMED HIS STARRING ROLE IN " NINE" THAT NIGHT. KARA KESSENER WAS THE STAGE MANAGER. HOW DID HE SEEM ?>> HE SEEMED JUST LIKE ANY OTHER DAY. HE SEEMED FINE. HE DID A GREAT JOB. >> (\ SINGING \)>> Reporter: THIS IS THE ACTUAL PERFORMANCE. CASTMATE

>> I REMEMBER GETTING GOOSEBUMPS AND GOING, " YEAH, DANIEL, NAIL IT ." >> Reporter: IT WAS THAT GOOD ?>> YEAH .>> (\ SINGING \)(\ APPLAUSE \) >> Reporter: AFTER THE PERFORMANCE-- BY THEN, ABOUT 10: 30 P. M. ON FRIDAY NIGHT-- DANIEL AND RACHEL RETURNED TO THEIR APARTMENT. THEN, HE TURNED TO COVERING UP HIS CRIME, TEXTING JULIE ON SAM'S PHONE, PRETENDING TO BE SAM .>> I WAS SAYING, " YOU NEED TO COME OVER TONIGHT, YOU NEED TO COME OVER TONIGHT .">> THAT JUST KIND OF KILLED ME WHEN I FOUND OUT THAT, YOU KNOW, THAT SHE THOUGHT IT WAS SAM THAT WAS TEXTING HER. AND, OF COURSE, SHE WAS THE ONE, THE FIRST ONE TO GO AND HELP HIM. >> Reporter: JULIE, WEARING THE TIARA SHE WAS TO WEAR IN HER BROTHER'S WEDDING, WENT TO SAM'S AROUND MIDNIGHT. DANIEL APPEARED, UNLOCKED THE DOOR. SHE FOLLOWED HIM IN .>> AND I SAID, " OH, BY THE WAY, DID YOU SEE THIS IN SAM'S BED ?" AND SHE SAID, " WHAT ?">> Reporter: HE LED HER INTO THE BEDROOM .>> I SAID, " LEAN OVER, LOOK AT IT RIGHT THERE ." WHEN SHE WAS LEANED OVER, I PUT TWO BULLETS IN THE BACK OF HER HEAD .>> Reporter: HE THEN WROTE " ALL YOURS, 'EFF' YOU ," AND CUT HER PANTS OFF. >> HE WANTED TO SET UP SAM. HE WANTED TO MAKE SAM LOOK LIKE A RAPIST AND A KILLER SO THE POLICE WOULD BE LOOKING FOR HIM .>> Reporter: WHY ?>> BECAUSE THE MAN HAS NO HEART AND HE HAS NO SOUL, AND HE LOVED THE IDEA OF HOW CLEVER HE WAS. >> Reporter: HIS MURDEROUS PLOT DIDN'T END THERE. THE NEXT MORNING, SATURDAY, HE RETURNED TO THE THEATRE WHERE SAM LAY DEAD AND BEGAN THE DEVIL'S WORK OF HACKING HIS BODY APART, AN ACT HE TELLS THE DETECTIVES HE FOUND FUNNY. >> I WAS ACTUALLY SMILING AND LAUGHING. IT REACHED A POINT TO WHERE I COULDN'T EVEN BELIEVE THAT I WAS DOING THIS .>> HOW TRAGIC WAS THIS MURDER PLOT? A GREEDY GROOM, THE PURSUIT OF ILL- GOTTEN GAIN, DISMEMBERS A YOUNG MAN AND DISCARDS HIM LIKE A PIECE OF GARBAGE. >> Reporter: THE PROSECUTION DEEMED THE CRIME SO HEINOUS, IT WARRANTED THE DEATH PENALTY. BUT WOZNIAK'S DEFENSE TEAM WAS NOT ROLLING OVER. IN SPITE OF HIS CONFESSION TO POLICE, WOZNIAK PLEADED NOT GUILTY. INCREDIBLY, IT WOULD TAKE FIVE AND A HALF YEARS TO GO TO TRIAL .>> NO VICTIM'S FAMILY SHOULD HAVE TO BE PUT THROUGH THAT. NONE. >> THEY'RE IN CONTEMPT OF COURT, FROM MY PERSPECTIVE .>> Reporter: THE FAMILIES BLAME DEFENSE ATTORNEY SCOTT SANDERS FOR FILING NUMEROUS MOTIONS ACCUSING PROSECUTORS AND THE SHERIFF OF MISUSING INFORMANTS TO ELICIT DAMNING EVIDENCE AGAINST HIS CLIENTS ...>> YOU'VE GOT AN INFORMANT. HE'S TALKING .>> Reporter: ... EVEN THOUGH PROSECUTOR MATT MURPHY TOLD THE COURT HE WAS NOT GOING TO PRESENT EVIDENCE FROM ANY INFORMANT AT WOZNIAK'S TRIAL. WHILE THE FAMILIES WAITED, DANIEL WOZNIAK MADE THE MOST OF HIS NEWFOUND CELEBRITY ...>> I WANT PEOPLE TO KNOW THAT I'M A GOOD GUY .>> Reporter: ... APPEARING ON THE SHOW " LOCKUP .">> I ENJOY LONG WALKS ON THE BEACH. I'M AN ARIES .(\ LAUGHS \) >> FOR FIVE- AND- A- HALF YEARS, I HAVE WATCHED THAT MAN COME INTO COURT WEARING AN ORANGE JUMPSUIT, BOUNDING IN WITH A SMILE ON HIS FACE LIKE TIGGER THE TIGER .>> Reporter: WHAT IS UP WITH THAT SMILE ?>> DANIEL WOZNIAK'S SMILE IS A POINT OF MANIPULATION. YOU KNOW, HE GETS THINGS THAT WAY. >> Reporter: DO YOU FEEL LIKE SAM AND JULIE HAVE BEEN FORGOTTEN IN ALL ...>> YES .>> Reporter: ... OF THIS ?>> UNLESS WE MENTION THEIR NAMES, FOR FIVE YEARS, FOR OVER 100 HEARINGS, THEIR NAMES ARE NOT MENTIONED. WE'VE ADDRESSED THE COURT A NUMBER OF TIMES. THIS CASE IS ABOUT SAMUEL HERR AND JULIE KIBIUSHI. YOU'VE GOT TO PUT THEIR NAMES .>> Reporter: LAST DECEMBER, FINALLY, THEIR NAMES WOULD BE SPOKEN. >> SAM HERR AND JULIE KIBUISHI. DANIEL WOZNIAK MURDERED THEM BOTH, AND, LADIES AND GENTLEMEN, WE ARE GOING TO GET TO A PENALTY PHASE .>> Reporter: DANIEL WOZNIAK WENT ON TRIAL FOR THE DOUBLE MURDER OF JULIE KIBUISHI AND SAM HERR. IF FOUND GUILTY, A JURY COULD SENTENCE HIM TO DIE. NOT GOOD ENOUGH FOR THIS PROSECUTOR .>> THE DEATH PENALTY IS NOT ENOUGH FOR DANIEL WOZNIAK ON THIS. FOR JUSTICE TO BE DONE IN THIS CASE, PERSONALLY, I'D PREFER PROOF OF HELL. I'D PREFER PROOF THAT THERE'S... THAT THERE'S SOMETHING THAT IS AWAITING HIM AFTER HE DIES. THERE ARE SEARCHES ON GOOGLE .>> Reporter: MATT MURPHY PRESENTED THE EVIDENCE, PAINTING A CHILLING PORTRAIT OF A KILLER WITH NO CONSCIENCE .>> " HOW TO HIDE A BODY ," " QUICK WAYS TO KILL PEOPLE ," AND SANDALS RESORTS. THIS IS A GUY WHO'S PLANNING TO MURDER TWO HUMAN BEINGS SO HE CAN HAVE AN AWESOME HONEYMOON DOWN IN... IN MEXICO .>> Reporter: THEN, THERE WAS THE PHYSICAL EVIDENCE: THE GUN HE STOLE FROM HIS OWN FATHER TO KILL HIS VICTIMS AND THAT BACKPACK JAMMED WITH EVIDENCE .>> NOW, FROM A FORENSIC, COLD, STERILE ANALYSIS OF EVIDENCE, IT DOESN'T GET ANY BETTER THAN THAT FOR A JURY .>> Reporter: THE PROSECUTION PUT ON 23 WITNESSES OVER FOUR DAYS, INCLUDING WESLEY FREILICH, WHO WAS ARRESTED BUT NEVER CHARGED FOR HIS ROLE IN DANIEL WOZNIAK'S SCHEME. WHAT WAS IT LIKE TO SEE DANIEL IN COURT ?>> DISTURBING. HE WAS SMILING AT ME. THE MAN THAT MURDERED TWO PEOPLE JUST SAT THERE AND JUST GAVE YOU THIS LITTLE... JUST, LIKE, THIS, LIKE, ACKNOWLEDGED LITTLE SMIRK. JUST ...>> I THINK THIS IS DANIEL WOZNIAK, THE PLAY, YOU KNOW? IT'S JUST THIS CONTINUATION OF HIM BEING ON STAGE .>> Reporter: THE DEFENSE DECLINED TO PUT ON ANY WITNESSES. AFTER A FIVE- DAY TRIAL, DANIEL WOZNIAK'S FATE WAS IN THE HANDS OF THE JURY. >> Reporter: STEVE HERR KNOWS THAT NOTHING CAN BRING HIS SON, SAM, BACK .>> HE IS GONE. I WANT JUSTICE NOW. I'LL GRIEVE FOR THE REST OF MY LIFE, BUT... BUT IT DOESN'T RUN MY LIFE. THE JUSTICE FOR IT RUNS MY LIFE. >> AND HAS THE JURY REACHED A UNANIMOUS VERDICT ?>> YES. >> Reporter: AFTER WAITING FIVE AND A HALF YEARS ...>> THE PEOPLE OF THE STATE OF CALIFORNIA PLAINTIFF VS. DANIEL PATRICK WOZNIAK. >> Reporter: ... IT TAKES THE JURY JUST TWO HOURS TO REACH A DECISION. >> WE, THE JURY IN THE ABOVE ENTITLED ACTION, FIND THE DEFENDANT, DANIEL PATRICK WOZNIAK, GUILTY OF THE CRIME OF ...>> Reporter: DANIEL WOZNIAK SITS EMOTIONLESS AS A JURY FINDS HIM GUILTY OF MURDERING SAM HERR AND JULIE KIBUISHI, A VERDICT THAT IS A RELIEF. BUT IT'S NOT ENOUGH FOR THE HERR AND KIBUISHI FAMILIES .>> WHAT HE DID TO SAM-- AND THEN, OF COURSE, WHAT HE DID TO JULIE-- IT WARRANTS THE DEATH PENALTY. THE QUICKER, THE BETTER. >> Reporter: JUST TWO WEEKS LATER, THE SAME JURORS ARE BACK IN THE SAME COURTROOM FOR WHAT'S CALLED THE PENALTY PHASE. THEY WILL HAVE TO DETERMINE WHETHER WOZNIAK SHOULD BE GIVEN LIFE IN PRISON OR BE SENTENCED TO DEATH. PROSECUTOR MATT MURPHY, WHO HAS TRIED SEVEN OTHER DEATH PENALTY CASES IN HIS CAREER, SAYS HIS STRATEGY IS SIMPLE .>> IT IS: GET KIBUISHIS AND THE HERRS ON THE WITNESS STAND SO THAT THE JURY CAN UNDERSTAND THEIR PAIN. LADIES AND GENTLEMEN, HE KNEW THAT SAM AND JULIE WERE LOVED. NOW, YOU GET TO THINK ABOUT THOSE PEOPLE, AND YOU GET TO THINK ABOUT THOSE MOMS AND WHAT THEY HAVE GONE THROUGH. AND YOU GET TO ASSIGN A WEIGHT TO THAT. AND THAT'S THE BEAUTIFUL THING ABOUT A PENALTY PHASE, BECAUSE IT'S NOT HIS SHOW ANYMORE. IT IS SAM AND JULIE'S SHOW. AND IT'S ABOUT THE FAMILIES NOW. IT'S NOT ABOUT HIM. >> Reporter: SIX PEOPLE TESTIFY ON BEHALF OF SAM AND JULIE, BUT NOT ONE OF WOZNIAK'S FAMILY MEMBERS EVER SHOWED UP TO SUPPORT HIM. THE ONLY ONE TO SPEAK ABOUT WOZNIAK'S CHARACTER IS A CONVICTED FELON, A FRIEND HE MADE IN JAIL .>> BY ALL ACCOUNTS AND EVERYTHING THAT WE DID IN THE INVESTIGATION, HE HAS VERY NICE PARENTS, AND THAT MIGHT BE WHY THEY'RE NOT HERE. THEY'RE NICE PEOPLE. THEY GAVE HIM EVERY POSSIBLE ADVANTAGE, WHICH, TO A CERTAIN EXTENT, IS ONE OF THE THINGS THAT MAKES THIS CASE SO HEINOUS. >> WHEN YOU'RE MAKING A DETERMINATION ABOUT DEATH ...>> Reporter: WOZNIAK'S DEFENSE ATTORNEY, SCOTT SANDERS, TRIES TO SHIFT BLAME TO RACHEL BUFFETT, WOZNIAK'S FORMER FIANCÉE. BUT, REMEMBER, SHE'S NOT BEEN CHARGED WITH COMMITTING OR PLANNING THE MURDERS, JUST AS AN ACCESSORY AFTER THE FACT. >> YOU'LL SEE VERY SOON, SHE'S THE SMARTER OF THE TWO BY FAR .>> THEIR STRATEGY IS: TRY TO GET AS MUCH ATTENTION AWAY FROM DANIEL WOZNIAK AND WHAT HE DID. >> Reporter: PIN IT ON RACHEL AS MUCH AS THEY CAN .>> YEAH. THEY NEED A VILLAIN. >> Reporter: IT TAKES A WEEK BEFORE THE CASE GOES AGAIN TO THE JURY. MATT MURPHY RECALLS WHAT HE WAS FEELING AT THAT MOMENT. ARE YOU OPTIMISTIC? >> OH, GOSH. NO. I.... THEY CALL IT P. A. P. V. PSYCHOSIS. >> Reporter: WHAT IS THAT? >> POST ARGUMENT, PRE- VERDICT PSYCHOSIS. EVERY PROSECUTOR TURNS INTO WOODY ALLEN UNDERNEATH THEIR SKIN WHEN A JURY IS OUT. EVERYBODY IS NEUROTIC, AND THEY'RE SELF- DOUBTING AND SELF- LOATHING. YOU'RE TERRIFIED THAT YOU DID SOMETHING TO SCREW IT UP. >> Reporter: TO EVERYONE'S SURPRISE, THE JURY COMES BACK QUICKLY, IN JUST A LITTLE OVER AN HOUR .>> WE, THE JURY IN THE ABOVE ENTITLED ACTION, DETERMINE THAT THE PENALTY TO BE IMPOSED UPON DEFENDANT DANIEL PATRICK WOZNIAK TO BE DEATH .>> IT'S BEEN A LONG FIVE AND A HALF YEARS. WE KIND OF WAITED FOR THIS DAY. >> Reporter: AND IT WASN'T OVER YET. BEFORE THE JUDGE COULD FORMALLY SENTENCE WOZNIAK, SANDERS DEMANDED MORE TIME TO EXPLORE THE INFORMANT ISSUE AND ARGUE AGAINST THE DEATH PENALTY .>> GOOD AFTERNOON .>> Reporter: IT WOULD TAKE EIGHT MORE MONTHS BEFORE THE FAMILIES FINALLY GOT THEIR CHANCE TO ADDRESS THE COURT AND THE MAN WHO MURDERED THEIR CHILDREN. STEVE HERR STOOD SURROUNDED BY COMBAT VETERANS WHO HAD SERVED WITH SAM. >> YOU, DAN, ARE A COWARD AND A POSTER BOY FOR THE NEED OF THE EFFECTIVE DEATH PENALTY IN CALIFORNIA. MY ONLY REGRET? THAT THIS STATE WON'T LET ME KILL THIS COWARD MYSELF. THANK YOU .>> Reporter: NEXT, IT WAS JULIE'S MOTHER'S TURN. >> YOU TOOK HER PRECIOUS LIFE, AND THEN YOU DISGRACED HER. WHY? WHAT DID SHE DO TO YOU? HOW COULD YOU DO ANYTHING LIKE THAT TO MY BABY? >> Reporter: JUDGE CONLEY THEN TURNED TO DANIEL WOZNIAK AND READ HIS DECISION. >> IT IS THE ORDER OF THIS COURT THAT YOU SHALL SUFFER THE DEATH PENALTY .>> Reporter: THE TRIAL OF DANIEL WOZNIAK FINALLY ENDS, BUT THE FEELINGS OF LOSS ONLY DEEPEN .>> THIS IS HER SHEET. I CAN STILL SCENT ...(\ CRYING \)>> Reporter: WHAT DO YOU MISS? >> I MISS MY BOY. IT'S AN HONOR TO BE A FATHER. IT'S THE BEST THING IN THE WORLD. >> Reporter: FOREVER THE HERR AND KIBUISHI FAMILIES WILL BE LINKED, ALWAYS REMEMBERING, NEVER FORGETTING THEIR BEAUTIFUL CHILDREN, SAM AND JULIE .>>\ A NEW SEASON, TWO COLD CASES. \ A YOUNG MOTHER VANISHES .\ ONE YEAR LATER, AN ACCIDENTAL \ BUTT DIAL TO 911 .\ WILL IT SOLVE THE MYSTERY OF \ WHAT HAPPENED TO SHELLY ?\ A MODEL, MARRIED TO A \ MILLIONAIRE .>> I SLIT HER THROAT .>> THE CLUES, THIS SKETCH AND \ THIS LETTER .>> I WANT TO FIND OUT WHO MURDERED MY SISTER .>>\ SATURDAYS.