1 00:00:02,712 --> 00:00:05,632 [ominous music] 2 00:00:05,715 --> 00:00:08,343 ‐ It's incredibly rare for criminal defendants 3 00:00:08,385 --> 00:00:10,220 to take the stand in their own defense. 4 00:00:10,345 --> 00:00:13,223 It's a gamble very few ever take. 5 00:00:13,348 --> 00:00:16,518 At stake, one's freedom or even life. 6 00:00:18,270 --> 00:00:19,938 This is George Burch, A. K. A. Big Country. 7 00:00:20,063 --> 00:00:21,815 He's charged with the horrific murder 8 00:00:21,898 --> 00:00:23,858 of 31‐year‐old Nicole VanderHeyden. 9 00:00:23,984 --> 00:00:25,485 [dramatic music] 10 00:00:25,569 --> 00:00:27,529 He's decided to take that gamble. 11 00:00:27,654 --> 00:00:29,656 ‐ George, did you murder Nicole VanderHeyden? 12 00:00:29,739 --> 00:00:31,491 ‐ No, sir. Definitely not. 13 00:00:31,575 --> 00:00:32,826 ‐ Could it help him convince the jury 14 00:00:32,909 --> 00:00:34,494 that he's not guilty? 15 00:00:34,578 --> 00:00:36,538 Or will it come back to haunt him? 16 00:00:36,621 --> 00:00:38,123 It's a court‐side seat 17 00:00:38,248 --> 00:00:40,834 through the eyes of the lead detective, 18 00:00:40,917 --> 00:00:42,961 the reporter who covered the trial, 19 00:00:43,044 --> 00:00:45,338 the defendant's former friends, 20 00:00:45,463 --> 00:00:47,966 and one of the jurors who decided George Burch's fate. 21 00:00:48,049 --> 00:00:51,428 I'm Dan Abrams, and this is "Under Oath." 22 00:00:51,553 --> 00:00:53,638 ‐ Raise your right hand. ‐ Do you solemnly swear? 23 00:00:53,722 --> 00:00:55,640 ‐ I'm being honest with everything I say here. 24 00:00:55,724 --> 00:00:57,475 ‐ Do solemnly swear. 25 00:00:57,559 --> 00:00:58,810 ‐ The whole truth and nothing but the truth. 26 00:00:58,893 --> 00:01:00,145 ‐ I would like to testify. 27 00:01:00,228 --> 00:01:01,896 ‐ The testimony you are about to hear... 28 00:01:02,022 --> 00:01:02,939 The whole truth and nothing but the truth. 29 00:01:03,064 --> 00:01:04,983 ‐ So help you God. 30 00:01:05,066 --> 00:01:06,568 ♪ ♪ 31 00:01:08,028 --> 00:01:09,529 [tense music] 32 00:01:09,613 --> 00:01:11,364 ‐ This is the most brutal murder 33 00:01:11,489 --> 00:01:13,867 that has ever been committed by one person 34 00:01:13,992 --> 00:01:15,619 in the history of Brown County. 35 00:01:15,744 --> 00:01:19,039 This is a crime that would merit the death penalty. 36 00:01:19,122 --> 00:01:21,249 ‐ George, did you murder Nicole VanderHeyden? 37 00:01:21,333 --> 00:01:23,293 ‐ No, sir. Definitely not. 38 00:01:23,418 --> 00:01:30,175 ♪ ♪ 39 00:01:32,344 --> 00:01:33,678 ‐ George Burch stands accused 40 00:01:33,720 --> 00:01:35,055 of first‐degree intentional homicide 41 00:01:35,180 --> 00:01:37,098 for the savage murder 42 00:01:37,223 --> 00:01:38,892 of Nicole Nikki VanderHeyden, 43 00:01:39,017 --> 00:01:40,352 31‐year‐old mother of three 44 00:01:40,435 --> 00:01:41,978 strangled and beaten to death. 45 00:01:42,062 --> 00:01:43,521 ♪ ♪ 46 00:01:43,605 --> 00:01:45,690 He faces life in prison without parole. 47 00:01:45,774 --> 00:01:48,026 By taking the witness stand, he gets a chance 48 00:01:48,068 --> 00:01:50,070 to tell the jury his side of the story, 49 00:01:50,195 --> 00:01:52,489 but if they find him unconvincing, 50 00:01:52,572 --> 00:01:54,699 he may lose his freedom forever. 51 00:01:54,783 --> 00:01:58,203 ‐ I feel like the word for this whole trial is intense 52 00:01:58,286 --> 00:02:01,748 because this man's fate is in your hands. 53 00:02:01,873 --> 00:02:03,708 You're sending someone to jail 54 00:02:03,792 --> 00:02:05,543 potentially for the rest of their life. 55 00:02:07,587 --> 00:02:09,172 ‐ I didn't know if she was alive. 56 00:02:09,255 --> 00:02:11,299 She wasn't physically moving. 57 00:02:14,427 --> 00:02:15,845 ‐ What looked like a man 58 00:02:15,970 --> 00:02:16,971 standing with a firearm in his hand. 59 00:02:17,055 --> 00:02:19,391 I could hear them say, 60 00:02:19,516 --> 00:02:21,851 "Look what the [bleep] you made me do." 61 00:02:21,976 --> 00:02:24,104 ‐ George Burch claims that after meeting Nikki 62 00:02:24,229 --> 00:02:26,272 at a bar called Richard Craniums, 63 00:02:26,398 --> 00:02:28,358 they engaged in consensual sex 64 00:02:28,400 --> 00:02:30,860 and that during their sexual encounter, 65 00:02:30,944 --> 00:02:32,612 they were both assaulted 66 00:02:32,696 --> 00:02:35,323 by the father of her youngest child 67 00:02:35,407 --> 00:02:37,033 and live‐in boyfriend, Doug Detrie. 68 00:02:37,158 --> 00:02:39,202 Will Burch be able to convince the jury 69 00:02:39,285 --> 00:02:41,204 that he had no reason to kill Nikki 70 00:02:41,287 --> 00:02:42,706 and that her murder was actually committed 71 00:02:42,747 --> 00:02:44,082 by her enraged lover? 72 00:02:44,207 --> 00:02:45,875 He only needs one juror 73 00:02:45,959 --> 00:02:48,336 to believe his story to avoid a conviction. 74 00:02:48,461 --> 00:02:53,258 ♪ ♪ 75 00:02:55,802 --> 00:02:58,346 ‐ George Burch is a human being just like me and you. 76 00:02:58,430 --> 00:03:01,099 George is presumed innocent unless they can convince you 77 00:03:01,182 --> 00:03:02,809 beyond a reasonable doubt 78 00:03:02,892 --> 00:03:05,311 that he murdered Nicole. 79 00:03:05,395 --> 00:03:07,230 ‐ The judge basically told us 80 00:03:07,355 --> 00:03:09,190 he's innocent till proven guilty, 81 00:03:09,315 --> 00:03:11,735 but we have to go off the evidence. 82 00:03:11,860 --> 00:03:13,319 ‐ Judge, at this time, the defense calls 83 00:03:13,403 --> 00:03:15,655 George Steven Burch to the stand. 84 00:03:15,739 --> 00:03:17,365 ‐ Do you swear to tell the truth, the whole truth, 85 00:03:17,490 --> 00:03:19,075 and nothing but the truth so help you God? 86 00:03:19,200 --> 00:03:20,410 ‐ Yes, ma'am. 87 00:03:23,329 --> 00:03:24,664 ‐ Larger than average. 88 00:03:24,748 --> 00:03:25,582 ‐ Okay. 89 00:03:26,875 --> 00:03:28,168 ‐ Big Country. 90 00:03:28,251 --> 00:03:29,335 ‐ When did you get that nickname? 91 00:03:29,419 --> 00:03:31,588 ‐ When I was six years old. 92 00:03:31,713 --> 00:03:34,007 ‐ George was definitely one of my best friends at the time. 93 00:03:34,090 --> 00:03:35,884 If he knew you were having a bad day, 94 00:03:36,009 --> 00:03:38,303 he'd look at you and ask you if you needed a hug. 95 00:03:38,386 --> 00:03:40,388 ‐ When Nicole was murdered, 96 00:03:40,472 --> 00:03:43,516 George was living in our house at the time. 97 00:03:43,600 --> 00:03:46,436 Ed asked, "You mind if he comes and stays with us for a while?" 98 00:03:46,561 --> 00:03:48,521 And I said, "No. Do you trust him?" 99 00:03:48,605 --> 00:03:51,566 And he said, "Yeah. I trust him with my life." 100 00:03:51,691 --> 00:03:54,110 ♪ ♪ 101 00:03:54,235 --> 00:03:55,820 ‐ On May 20th, 102 00:03:55,904 --> 00:03:57,697 Nikki VanderHeyden and her boyfriend, 103 00:03:57,781 --> 00:04:00,366 Douglass Detrie, decided to have a night out. 104 00:04:00,492 --> 00:04:02,827 They went to a live music concert 105 00:04:02,911 --> 00:04:04,996 over at the Watering Hole. 106 00:04:05,079 --> 00:04:07,290 Nikki VanderHeyden and some of Douglass Detrie's friends 107 00:04:07,415 --> 00:04:10,293 decided to go to the Sardine Can, 108 00:04:10,418 --> 00:04:12,378 but Doug decided to stay back a little bit, 109 00:04:12,504 --> 00:04:13,379 and that's when the night took 110 00:04:13,505 --> 00:04:15,465 a turn for their relationship. 111 00:04:15,548 --> 00:04:17,091 ♪ ♪ 112 00:04:17,217 --> 00:04:18,343 Nikki and Douglass got into an argument 113 00:04:18,468 --> 00:04:20,220 over text messages. 114 00:04:20,345 --> 00:04:22,514 Nikki had accused him of talking to another woman, 115 00:04:22,639 --> 00:04:24,641 possibly cheating on her. 116 00:04:24,724 --> 00:04:26,434 ♪ ♪ 117 00:04:26,518 --> 00:04:28,353 ‐ Nicole was verified 118 00:04:28,436 --> 00:04:30,855 on surveillance video at the Sardine Can. 119 00:04:30,980 --> 00:04:32,315 You could see on the video 120 00:04:32,398 --> 00:04:34,400 where she became visibly upset. 121 00:04:34,526 --> 00:04:36,528 ‐ Nikki stormed off. 122 00:04:36,653 --> 00:04:39,447 She left the bar by herself. 123 00:04:39,531 --> 00:04:41,324 ‐ The following morning, which was Saturday, 124 00:04:41,407 --> 00:04:43,493 we get a call from a gentleman, 125 00:04:43,576 --> 00:04:46,204 and he was out in a field 126 00:04:46,287 --> 00:04:47,872 with his grandson 127 00:04:47,997 --> 00:04:49,874 when they observed something 128 00:04:49,958 --> 00:04:51,543 that caught their eye down in the ditch. 129 00:05:01,135 --> 00:05:02,428 ‐ She did not have any clothes on her. 130 00:05:02,554 --> 00:05:04,681 All she had on her was a sock on each foot, 131 00:05:04,764 --> 00:05:06,850 so there was no identification. 132 00:05:06,975 --> 00:05:08,560 ‐ She was so brutally beaten 133 00:05:08,685 --> 00:05:10,854 they had to use dental records 134 00:05:10,937 --> 00:05:12,522 to identify her. 135 00:05:12,605 --> 00:05:15,066 ‐ It was the body of Nicole VanderHeyden. 136 00:05:15,191 --> 00:05:16,276 [dramatic musical sting] 137 00:05:16,401 --> 00:05:17,569 She had a broken jaw. 138 00:05:17,694 --> 00:05:19,070 The whole side of her head 139 00:05:19,195 --> 00:05:21,322 was bloodied and curb stomped. 140 00:05:21,406 --> 00:05:23,074 The whole one side of her face 141 00:05:23,199 --> 00:05:25,493 was pretty much destroyed. 142 00:05:25,577 --> 00:05:28,288 It appeared to be an act of rage. 143 00:05:28,413 --> 00:05:30,707 [phone dialing, line trilling] 144 00:05:50,643 --> 00:05:52,270 ‐ When Douglass Detrie made the call 145 00:05:52,353 --> 00:05:54,022 that his girlfriend was missing, 146 00:05:54,105 --> 00:05:55,648 police had already found a body, 147 00:05:55,732 --> 00:05:58,443 but he had not known that yet. 148 00:05:58,568 --> 00:06:00,278 ‐ Doug Detrie waited 17 hours 149 00:06:00,361 --> 00:06:01,446 to report his live‐in girlfriend, 150 00:06:01,571 --> 00:06:03,531 Nikki VanderHeyden, missing. 151 00:06:03,656 --> 00:06:05,241 Police thought that was suspicious 152 00:06:05,366 --> 00:06:07,410 and went to his house to interview him. 153 00:06:07,493 --> 00:06:09,704 ‐ Mr. Detrie did become a person of interest. 154 00:06:09,746 --> 00:06:12,332 It felt like the timing was suspicious 155 00:06:12,415 --> 00:06:14,584 of when this phone call was made to us 156 00:06:14,709 --> 00:06:17,003 after the body had been discovered. 157 00:06:17,128 --> 00:06:18,546 ‐ The coroner determines 158 00:06:18,630 --> 00:06:20,798 that Nikki's cause of death was strangulation. 159 00:06:20,882 --> 00:06:24,010 That meant her death was not an accident, not a suicide. 160 00:06:24,093 --> 00:06:25,803 It was a homicide. 161 00:06:25,887 --> 00:06:29,349 A warrant was issued to search Detrie's house. 162 00:06:29,474 --> 00:06:31,768 ‐ Things of interest that we saw in the residence 163 00:06:31,893 --> 00:06:34,062 on that initial search warrant led us to believe 164 00:06:34,187 --> 00:06:36,397 that we had the crime scene. 165 00:06:36,522 --> 00:06:38,024 There was blood in the garage. 166 00:06:38,107 --> 00:06:40,568 Nicole's vehicle was parked in the garage. 167 00:06:40,652 --> 00:06:43,321 We thought what we had was blood in her car 168 00:06:43,404 --> 00:06:45,448 as well as clumps of blonde hair. 169 00:06:45,531 --> 00:06:46,866 ‐ On the curb in front of Nikki 170 00:06:46,950 --> 00:06:48,785 and Doug Detrie's neighbor's home, 171 00:06:48,910 --> 00:06:51,329 investigators find large pools of blood 172 00:06:51,412 --> 00:06:54,499 and retrieve a black charging cable. 173 00:06:54,582 --> 00:06:57,335 ‐ Right now I'm gonna be taking you into custody. 174 00:06:57,418 --> 00:06:58,795 ‐ When they arrested her boyfriend, 175 00:06:58,878 --> 00:07:00,838 Douglass Detrie, I think a lot of people were like, 176 00:07:00,922 --> 00:07:02,507 "Oh, yeah. That makes sense." 177 00:07:05,677 --> 00:07:07,679 ‐ When the results from the crime lab came back, 178 00:07:07,804 --> 00:07:10,014 investigators concluded two things. 179 00:07:10,139 --> 00:07:11,891 First, Nikki VanderHeyden 180 00:07:12,016 --> 00:07:13,810 was assaulted right next to her house. 181 00:07:13,893 --> 00:07:16,437 The sample from the pool of blood found on the curb 182 00:07:16,562 --> 00:07:18,272 contained her DNA. 183 00:07:18,398 --> 00:07:19,565 So did the black charging cable 184 00:07:19,691 --> 00:07:21,734 they found at the scene. 185 00:07:21,818 --> 00:07:24,529 And second, they learned there was not enough evidence 186 00:07:24,612 --> 00:07:26,614 connecting Doug Detrie to the crime. 187 00:07:26,739 --> 00:07:28,574 Blood in the garage was not human. 188 00:07:28,700 --> 00:07:30,243 It came from a turkey. 189 00:07:30,326 --> 00:07:31,369 The clump of blonde hair was traced 190 00:07:31,411 --> 00:07:32,912 to Nicole's daughter. 191 00:07:33,037 --> 00:07:34,539 And Detrie's DNA, 192 00:07:34,622 --> 00:07:36,666 the critical proof that would've placed him 193 00:07:36,749 --> 00:07:39,836 at the crime scene was not found on Nikki's body, 194 00:07:39,919 --> 00:07:41,963 her clothes, or the black charging cable. 195 00:07:42,046 --> 00:07:43,881 ‐ Once the evidence started coming back that 196 00:07:43,965 --> 00:07:46,467 that wasn't matching up with what we thought, 197 00:07:46,551 --> 00:07:48,886 I contacted the district attorney's office, 198 00:07:48,970 --> 00:07:51,180 told him that, you know, we got the wrong guy 199 00:07:51,305 --> 00:07:52,974 and that he should be released. 200 00:07:53,057 --> 00:07:54,934 ♪ ♪ 201 00:07:55,018 --> 00:07:58,187 Months later, we had received information from the crime lab 202 00:07:58,312 --> 00:08:00,148 that one of the items we submitted, 203 00:08:00,231 --> 00:08:03,526 one of Nikki's socks, had gotten them enough DNA 204 00:08:03,568 --> 00:08:05,737 that they could enter it into the CODIS database 205 00:08:05,862 --> 00:08:08,364 and provided them with a hit 206 00:08:08,489 --> 00:08:11,075 for an individual named George Burch. 207 00:08:11,159 --> 00:08:13,995 ‐ At some point, did you end up meeting someone 208 00:08:14,078 --> 00:08:15,496 who you now known is Nicole VanderHeyden? 209 00:08:15,580 --> 00:08:16,956 ‐ Yes, sir. 210 00:08:17,081 --> 00:08:27,008 [dramatic music] 211 00:08:29,886 --> 00:08:32,263 ‐ The evidence is gonna show you Doug did this. 212 00:08:32,388 --> 00:08:34,515 Doug murdered Nicole 213 00:08:34,640 --> 00:08:37,351 in a fit of jealousy and anger. 214 00:08:37,477 --> 00:08:38,978 ‐ George Burch is on trial 215 00:08:39,062 --> 00:08:40,813 for the murder of Nikki VanderHeyden. 216 00:08:40,897 --> 00:08:42,690 He maintains his innocence and says the police 217 00:08:42,774 --> 00:08:44,567 actually got it right the first time 218 00:08:44,650 --> 00:08:46,235 when they arrested her live‐in boyfriend, 219 00:08:46,360 --> 00:08:48,154 Doug Detrie. 220 00:08:48,237 --> 00:08:49,697 Before George Burch tells 221 00:08:49,822 --> 00:08:51,449 his version of events to the jury, 222 00:08:51,532 --> 00:08:53,618 the defense calls Detrie to the stand. 223 00:08:53,743 --> 00:08:55,411 Their objective? 224 00:08:55,536 --> 00:08:57,872 Offer the jury an alternative suspect. 225 00:08:57,997 --> 00:08:59,415 If the defense can even present 226 00:08:59,540 --> 00:09:01,000 the credible possibility 227 00:09:01,084 --> 00:09:03,503 that Detrie was actually the killer, 228 00:09:03,628 --> 00:09:06,255 jurors might conclude there's reasonable doubt. 229 00:09:06,380 --> 00:09:07,965 [tense music] 230 00:09:08,049 --> 00:09:10,510 ‐ Going back to May 21st and where you had been 231 00:09:10,635 --> 00:09:11,844 at the Sardine Can... 232 00:09:11,969 --> 00:09:13,429 ♪ ♪ 233 00:09:13,554 --> 00:09:15,681 By the time you left the Sardine Can, 234 00:09:15,807 --> 00:09:17,433 you did not know where Nicole was, correct? 235 00:09:17,558 --> 00:09:19,393 ‐ Correct. 236 00:09:19,519 --> 00:09:20,770 ‐ You didn't know if she was with another man? 237 00:09:20,895 --> 00:09:22,522 ‐ Correct. 238 00:09:22,605 --> 00:09:24,524 ‐ And when you got home, you did not call the police. 239 00:09:24,649 --> 00:09:26,692 ‐ No. ‐ You just went back to bed. 240 00:09:26,818 --> 00:09:29,112 ‐ Yeah, I was tired. I was hungover. 241 00:09:29,237 --> 00:09:31,864 ‐ And then you woke up again around 11:00. 242 00:09:31,948 --> 00:09:35,034 ‐ Uh, yeah, I think approximately 11:00. 243 00:09:35,076 --> 00:09:36,744 ‐ You finally called police around 4:30. 244 00:09:36,869 --> 00:09:38,329 Does that sound correct? 245 00:09:38,412 --> 00:09:40,039 ‐ Yes. 246 00:09:40,123 --> 00:09:42,667 ‐ And that's 17 hours since you last saw her. 247 00:09:42,750 --> 00:09:44,669 ‐ That‐‐yeah. 248 00:09:44,752 --> 00:09:46,337 ‐ Doug Detrie didn't come off as a saint. 249 00:09:46,462 --> 00:09:49,507 There was just some weird feeling with him on the stand. 250 00:09:49,632 --> 00:09:52,677 Like, he didn't call 911 for her right away. 251 00:09:52,760 --> 00:09:55,847 He didn't go looking out for her that night 252 00:09:55,930 --> 00:09:57,890 when she didn't come home. 253 00:09:57,974 --> 00:10:00,268 ‐ With Detrie's credibility now in question, 254 00:10:00,351 --> 00:10:02,103 Burch takes the stand. 255 00:10:02,228 --> 00:10:03,980 Unanimous agreement of all 12 jurors is required 256 00:10:04,063 --> 00:10:07,400 for a conviction, so if even one juror believes 257 00:10:07,483 --> 00:10:08,943 Burch is likely telling the truth 258 00:10:09,068 --> 00:10:11,279 about the night he met Nikki at a bar, 259 00:10:11,404 --> 00:10:13,197 that could be enough to avoid a conviction. 260 00:10:13,281 --> 00:10:16,200 But to do that, his testimony has to be consistent 261 00:10:16,242 --> 00:10:19,120 with cell phone data retrieved by investigators. 262 00:10:19,245 --> 00:10:20,830 [tense music] 263 00:10:20,913 --> 00:10:22,498 ‐ What time do you think you went out? 264 00:10:22,582 --> 00:10:24,041 Where did you go out to? 265 00:10:24,167 --> 00:10:26,794 ‐ Maybe 11:15, roughly around that time, 266 00:10:26,878 --> 00:10:29,839 I went to Richard Craniums right down the street. 267 00:10:29,922 --> 00:10:32,049 ‐ The data we received from Google was consistent 268 00:10:32,175 --> 00:10:35,678 with Mr. Burch being at a bar called Richard Craniums, 269 00:10:35,761 --> 00:10:38,347 which would be consistent with the last location 270 00:10:38,431 --> 00:10:39,348 that Nikki was seen in. 271 00:10:39,432 --> 00:10:40,516 ‐ At some point, 272 00:10:40,641 --> 00:10:42,643 did you end up meeting someone 273 00:10:42,727 --> 00:10:44,103 who you now know is Nicole VanderHeyden? 274 00:10:44,228 --> 00:10:46,522 ‐ Yes, sir. 275 00:10:46,647 --> 00:10:48,191 ‐ Because of the Google dashboard data 276 00:10:48,316 --> 00:10:50,109 that was put into evidence, 277 00:10:50,234 --> 00:10:52,528 the defense kinda walked him through that night 278 00:10:52,653 --> 00:10:55,198 and allowed him to kinda talk about and explain 279 00:10:55,239 --> 00:10:58,242 why he was where he was when his phone pinged that moment. 280 00:10:58,367 --> 00:10:59,702 ♪ ♪ 281 00:10:59,785 --> 00:11:01,037 ‐ Tell us more about that. 282 00:11:01,162 --> 00:11:02,705 ‐ I noticed there was a fairly attractive 283 00:11:02,830 --> 00:11:05,082 blonde woman standing next to me. 284 00:11:05,208 --> 00:11:07,043 She didn't seem to be with anybody, 285 00:11:07,168 --> 00:11:09,629 and I just kinda struck up a conversation. 286 00:11:09,712 --> 00:11:11,923 Talking, laughing, joking, giggling. 287 00:11:12,006 --> 00:11:13,591 You can pretty much tell if someone's kinda into you, 288 00:11:13,716 --> 00:11:15,760 I guess, would be the best way to put it. 289 00:11:15,885 --> 00:11:17,637 ‐ So you guys left together? ‐ Yes, sir. 290 00:11:17,720 --> 00:11:20,056 ‐ One of the things that George had going for him 291 00:11:20,181 --> 00:11:23,476 was that he could come across as a nice guy. 292 00:11:23,559 --> 00:11:25,061 ‐ She had invited you back to her place? 293 00:11:25,186 --> 00:11:27,438 ‐ Yes, sir. 294 00:11:27,563 --> 00:11:28,856 ‐ Did you go in her residence? 295 00:11:28,940 --> 00:11:30,024 ‐ No, sir. ‐ Why not? 296 00:11:30,149 --> 00:11:31,859 ‐ She said there was a light on, 297 00:11:31,943 --> 00:11:33,527 and she thought the babysitter was still up. 298 00:11:33,611 --> 00:11:35,529 ‐ What happened after that? ‐ We started fooling around, 299 00:11:35,613 --> 00:11:36,656 messing around a little bit. 300 00:11:36,739 --> 00:11:38,324 ‐ Did you have intercourse? 301 00:11:38,407 --> 00:11:39,492 ‐ Yes, sir. 302 00:11:39,575 --> 00:11:41,827 ‐ What ended up happening? 303 00:11:41,911 --> 00:11:43,704 ‐ The next thing that I remember 304 00:11:43,788 --> 00:11:45,957 was literally waking up 305 00:11:46,082 --> 00:11:48,709 on the ground outside the truck. 306 00:11:48,834 --> 00:11:51,170 ‐ He woke up laying on the cement 307 00:11:51,254 --> 00:11:53,005 right next to the curb. 308 00:11:53,089 --> 00:11:55,341 He said he remembers having sex with Nikki 309 00:11:55,466 --> 00:11:58,010 and then complete darkness. 310 00:11:58,094 --> 00:12:00,346 ‐ Basically, one minute you were having intercourse, 311 00:12:00,429 --> 00:12:03,891 and the next you remember waking up in that position. 312 00:12:04,016 --> 00:12:06,560 ‐ I remember waking up going, "What in the hell?" 313 00:12:06,686 --> 00:12:08,980 ‐ And he came to with a gun pointed at him. 314 00:12:09,063 --> 00:12:10,731 ‐ Did you see anything? 315 00:12:10,856 --> 00:12:13,734 ‐ I saw what looked like a man 316 00:12:13,859 --> 00:12:16,195 standing with a firearm in his hand. 317 00:12:16,279 --> 00:12:18,072 ‐ Who was it? ‐ It was Doug Detrie. 318 00:12:18,197 --> 00:12:20,950 ♪ ♪ 319 00:12:21,075 --> 00:12:23,577 ‐ He says that Doug Detrie caught them having sex, 320 00:12:23,703 --> 00:12:25,746 and he was so enraged 321 00:12:25,871 --> 00:12:27,790 that Doug Detrie then beat 322 00:12:27,915 --> 00:12:29,875 Nicole VanderHeyden to death, 323 00:12:30,001 --> 00:12:31,585 knocking George Burch out. 324 00:12:31,711 --> 00:12:33,713 And when he came to, 325 00:12:33,838 --> 00:12:36,799 he then forced George to help get rid of the body. 326 00:12:36,882 --> 00:12:38,634 ‐ Then what happened? 327 00:12:38,718 --> 00:12:41,887 ‐ I was instructed to carry her 328 00:12:42,013 --> 00:12:43,889 and put her in the vehicle. 329 00:12:44,015 --> 00:12:46,058 ‐ He was forced to put Nicole VanderHeyden's body 330 00:12:46,183 --> 00:12:48,811 in the back seat of the vehicle, 331 00:12:48,894 --> 00:12:50,271 and Doug Detrie held him at gun point 332 00:12:50,396 --> 00:12:53,691 and told him where to go to put the body in the field. 333 00:12:53,816 --> 00:12:55,192 ‐ While I was driving, 334 00:12:55,276 --> 00:12:58,904 I was told where to turn and which ways to go. 335 00:12:59,030 --> 00:13:01,699 ‐ And then at that point, the phone went directly 336 00:13:01,782 --> 00:13:05,995 to the scene where Nikki's body was located. 337 00:13:06,078 --> 00:13:08,164 ‐ He was able to kinda tell his side of the story and say, 338 00:13:08,247 --> 00:13:10,082 "Okay, this is why I was here at this time. 339 00:13:10,207 --> 00:13:12,209 This is why my phone says I was here at this time." 340 00:13:12,335 --> 00:13:15,796 ‐ When George Burch was telling his elaborate story 341 00:13:15,880 --> 00:13:18,674 on what actually happened that night to Nikki, 342 00:13:18,758 --> 00:13:21,010 there was times where you would go, 343 00:13:21,093 --> 00:13:22,803 "That could happen." 344 00:13:22,887 --> 00:13:24,597 ‐ What's going through your mind at this point? 345 00:13:24,722 --> 00:13:26,724 ‐ I don't know what to do in this situation 346 00:13:26,849 --> 00:13:29,643 and trying to figure out 347 00:13:29,727 --> 00:13:32,229 a way to remove myself. 348 00:13:32,355 --> 00:13:34,940 That's when I turned, and with everything I had, 349 00:13:35,066 --> 00:13:36,692 I lunged at him 350 00:13:36,776 --> 00:13:38,861 and pushed him as hard as I possibly could. 351 00:13:38,903 --> 00:13:39,945 ‐ What'd you do next? 352 00:13:40,071 --> 00:13:42,365 ‐ Hauled ass to my car. 353 00:13:42,448 --> 00:13:46,285 ‐ He really kind of molded his story to say, 354 00:13:46,369 --> 00:13:49,455 "Hey, I'm the good guy here. I didn't do this." 355 00:13:49,580 --> 00:13:51,540 ‐ George, did you murder Nicole VanderHeyden? 356 00:13:51,665 --> 00:13:53,834 ‐ No, sir. Definitely not. 357 00:13:53,918 --> 00:13:55,378 ‐ Do you know who did? 358 00:13:55,503 --> 00:13:57,004 ‐ Doug Detrie. 359 00:13:57,088 --> 00:13:59,507 ‐ We weren't sure exactly what was gonna happen, 360 00:13:59,590 --> 00:14:00,800 which way the jury was gonna go. 361 00:14:05,388 --> 00:14:06,972 ‐ She had invited you back to her place? 362 00:14:07,056 --> 00:14:08,891 ‐ Yes, sir. ‐ What happened after that? 363 00:14:09,016 --> 00:14:11,519 ‐ We started fooling around, messing around a little bit. 364 00:14:11,560 --> 00:14:13,104 ‐ Did you have intercourse? 365 00:14:13,229 --> 00:14:14,605 ‐ Yes, sir. 366 00:14:14,730 --> 00:14:15,898 ‐ Under direct examination, 367 00:14:16,023 --> 00:14:18,859 6'7" George Burch maintains 368 00:14:18,943 --> 00:14:21,278 he did not murder Nikki VanderHeyden 369 00:14:21,362 --> 00:14:23,364 but claims he had consensual sex with her, 370 00:14:23,489 --> 00:14:25,408 which would explain why investigators 371 00:14:25,533 --> 00:14:29,203 first found his DNA on her sock and her body. 372 00:14:29,286 --> 00:14:30,663 He also offers a detailed account 373 00:14:30,746 --> 00:14:32,373 of how Nikki's boyfriend attacked him 374 00:14:32,498 --> 00:14:34,458 and eventually forced him to get rid of her body. 375 00:14:34,583 --> 00:14:37,294 But direct examination of the defendant 376 00:14:37,378 --> 00:14:40,172 is a more rehearsed performance. 377 00:14:40,256 --> 00:14:41,841 This case will likely turn 378 00:14:41,966 --> 00:14:44,844 on whether Burch is able to remain as composed 379 00:14:44,927 --> 00:14:48,514 when he faces the prosecutor's questions on cross examination. 380 00:14:48,597 --> 00:14:51,350 [dramatic music] 381 00:14:51,475 --> 00:14:53,185 ♪ ♪ 382 00:14:53,310 --> 00:14:54,687 ‐ Isn't it true that you didn't 383 00:14:54,770 --> 00:14:56,605 tell law enforcement about this 384 00:14:56,730 --> 00:14:59,150 'cause you didn't think anybody was gonna believe this story? 385 00:14:59,233 --> 00:15:01,068 ‐ No, sir. Not at all. 386 00:15:01,193 --> 00:15:04,321 ‐ When prosecution started to question him, 387 00:15:04,405 --> 00:15:06,490 we saw a change. 388 00:15:06,574 --> 00:15:08,492 ‐ You thought that this was a perfectly logical, 389 00:15:08,576 --> 00:15:10,536 reasonable story that anybody would believe. 390 00:15:10,619 --> 00:15:12,204 ‐ It's the truth. 391 00:15:12,329 --> 00:15:14,331 ‐ One of the things I think our prosecutor did 392 00:15:14,415 --> 00:15:16,709 a great job of‐‐getting some basic facts from him 393 00:15:16,834 --> 00:15:18,252 and then confronting him 394 00:15:18,377 --> 00:15:21,338 about things that just didn't make sense, 395 00:15:21,422 --> 00:15:23,716 and you could see the anger building in him 396 00:15:23,841 --> 00:15:26,343 that his story just wasn't adding up. 397 00:15:26,427 --> 00:15:28,012 ‐ And it becomes clear that Nikki 398 00:15:28,137 --> 00:15:29,680 isn't going to have sex with you, 399 00:15:29,805 --> 00:15:32,391 and she attempts to go into her house 400 00:15:32,516 --> 00:15:33,934 and leave your vehicle. 401 00:15:34,059 --> 00:15:35,561 That's when your mood changes, right? 402 00:15:35,644 --> 00:15:37,146 ‐ No, sir. 403 00:15:37,229 --> 00:15:38,731 ‐ That's when things get aggressive, don't they? 404 00:15:38,856 --> 00:15:40,608 ‐ Not at all. 405 00:15:40,733 --> 00:15:42,193 ‐ That's when you grab that cord and strangle her. 406 00:15:42,318 --> 00:15:43,527 Don't you? 407 00:15:43,611 --> 00:15:44,987 ‐ No, sir. Not at all. 408 00:15:45,070 --> 00:15:46,780 ‐ That's when Nikki gets slammed on the ground 409 00:15:46,864 --> 00:15:49,617 repeatedly when she's trying to run toward her house, 410 00:15:49,742 --> 00:15:51,285 when those blood stains lead 411 00:15:51,368 --> 00:15:53,120 in the direction back to her home. 412 00:15:53,245 --> 00:15:55,122 ‐ None of that is true. 413 00:15:55,247 --> 00:15:56,540 ‐ Well, how do you know? 414 00:15:56,624 --> 00:15:58,250 You were out cold when Nikki was assaulted. 415 00:15:58,375 --> 00:16:00,503 ‐ 'Cause you said I did it. 416 00:16:00,586 --> 00:16:03,255 ‐ That's when George Burch really started 417 00:16:03,380 --> 00:16:06,133 being combative and really getting angry. 418 00:16:06,217 --> 00:16:09,178 ‐ Nikki was strangled. She had a fractured jaw. 419 00:16:09,261 --> 00:16:11,013 Correct? ‐ I don't know, sir. 420 00:16:11,055 --> 00:16:11,972 That's what the medical examiner said. 421 00:16:12,056 --> 00:16:13,390 I'm not a doctor. 422 00:16:13,516 --> 00:16:15,184 ‐ And she fought for her life, right? 423 00:16:15,267 --> 00:16:17,061 ‐ According to what the doctor said, yes. 424 00:16:17,186 --> 00:16:19,855 ‐ And you'll have the jury believe that Doug Detrie 425 00:16:19,939 --> 00:16:23,275 did all of these things to his girlfriend 426 00:16:23,359 --> 00:16:25,986 while you were just out cold on the lawn hanging out. 427 00:16:26,070 --> 00:16:27,446 ‐ I wasn't hanging out. 428 00:16:27,571 --> 00:16:29,031 I had been knocked out from behind, sir, 429 00:16:29,156 --> 00:16:30,908 when I didn't know anyone was behind me. 430 00:16:31,033 --> 00:16:33,077 ‐ Actually, you didn't say you were knocked out from behind. 431 00:16:33,202 --> 00:16:34,703 You didn't remember what happened. 432 00:16:34,745 --> 00:16:36,372 You were having sex, and the next thing you knew 433 00:16:36,455 --> 00:16:37,957 you woke up on the ground, right? 434 00:16:38,082 --> 00:16:40,042 ‐ It made me‐‐ lead me to believe 435 00:16:40,125 --> 00:16:41,418 that I had been knocked out 436 00:16:41,544 --> 00:16:43,504 because I didn't pass out from standing there. 437 00:16:43,587 --> 00:16:46,924 ‐ He didn't say a word to anyone about this happening. 438 00:16:47,049 --> 00:16:50,177 His story on the stand was that he was assaulted at gun point 439 00:16:50,261 --> 00:16:53,055 and forced to dump a body in a field, 440 00:16:53,180 --> 00:16:55,474 yet he doesn't tell anyone about this. 441 00:16:55,558 --> 00:16:57,518 ‐ This body you just dumped in the woods 442 00:16:57,643 --> 00:16:59,895 and went about your day. 443 00:17:00,020 --> 00:17:02,439 You didn't call it in at all, right? 444 00:17:02,565 --> 00:17:04,233 ‐ If you say so, sir. ‐ It's not if I say so. 445 00:17:04,358 --> 00:17:06,151 Are you telling me you couldn't have called 911? 446 00:17:06,235 --> 00:17:07,695 You had your phone. ‐ I'm sure I physically 447 00:17:07,736 --> 00:17:08,696 could've pushed the 911 button. 448 00:17:08,737 --> 00:17:10,114 Yes, sir. 449 00:17:10,239 --> 00:17:11,615 ‐ But you chose not to call this in. 450 00:17:11,740 --> 00:17:13,117 ‐ Correct, sir. 451 00:17:13,242 --> 00:17:15,077 ‐ You carried the mangled body of a woman 452 00:17:15,160 --> 00:17:17,371 to her final resting place, 453 00:17:17,496 --> 00:17:20,249 and the next day, 454 00:17:20,374 --> 00:17:23,335 you're going fishing with your buddy 455 00:17:23,460 --> 00:17:26,422 with a smile on your face and not a care in the world. 456 00:17:26,547 --> 00:17:28,674 ‐ I wouldn't say not a care in the world. 457 00:17:28,757 --> 00:17:30,593 That definitely would not be something I would say. 458 00:17:30,676 --> 00:17:32,511 ‐ The morning after Nikki was murdered, 459 00:17:32,595 --> 00:17:34,930 myself and George hung out together. 460 00:17:35,055 --> 00:17:37,349 It seemed absolutely normal. 461 00:17:37,474 --> 00:17:39,059 Noticed his knuckles were scratched, 462 00:17:39,184 --> 00:17:41,020 but he did landscaping, 463 00:17:41,103 --> 00:17:43,689 so I really didn't think anything of it. 464 00:17:43,814 --> 00:17:45,858 ‐ George Burch went fishing 465 00:17:45,899 --> 00:17:48,110 literally hours 466 00:17:48,235 --> 00:17:51,989 after being hit on the back of the head. 467 00:17:52,072 --> 00:17:53,824 You'd think there would be a bruise 468 00:17:53,907 --> 00:17:55,868 or some type of marking. 469 00:17:55,909 --> 00:17:58,120 [dramatic music] 470 00:17:58,245 --> 00:18:03,542 ‐ No further questions. 471 00:18:03,667 --> 00:18:05,294 [tense music] 472 00:18:10,299 --> 00:18:13,344 Laid out by that evidence‐‐ 473 00:18:13,427 --> 00:18:17,848 evidence which will uncover the identify of Nikki's killer, 474 00:18:17,931 --> 00:18:20,267 George Steven Burch. 475 00:18:20,351 --> 00:18:21,977 Follow the evidence, 476 00:18:22,061 --> 00:18:23,687 follow the facts, 477 00:18:23,771 --> 00:18:26,023 and it will lead you to truth. 478 00:18:26,106 --> 00:18:27,107 ‐ Both the defense and prosecution 479 00:18:27,232 --> 00:18:28,942 have played their cards, 480 00:18:29,026 --> 00:18:31,236 and now the case of Wisconsin versus George Burch 481 00:18:31,320 --> 00:18:33,113 is in the hands of the jury. 482 00:18:33,197 --> 00:18:34,865 The jurors' challenge is this. 483 00:18:34,948 --> 00:18:36,533 Did the state meet its burden 484 00:18:36,659 --> 00:18:38,952 to prove beyond a reasonable doubt 485 00:18:39,078 --> 00:18:40,704 that Burch murdered Nikki VanderHeyden? 486 00:18:40,829 --> 00:18:42,831 Or did the defense and their star witness, 487 00:18:42,915 --> 00:18:45,751 the defendant, create the reasonable doubt 488 00:18:45,834 --> 00:18:47,336 needed to escape conviction? 489 00:18:47,419 --> 00:18:48,921 ♪ ♪ 490 00:18:49,046 --> 00:18:51,298 ‐ Back in our deliberation room, 491 00:18:51,382 --> 00:18:53,884 there was other jurors who thought 492 00:18:53,967 --> 00:18:55,719 at one point Doug did it. 493 00:18:55,844 --> 00:18:59,264 Our first vote was 11 to 1. I was kinda shocked. 494 00:18:59,390 --> 00:19:02,184 ‐ An 11 to 1 vote is not unanimous, 495 00:19:02,309 --> 00:19:05,562 but is the majority in favor of guilt or acquittal? 496 00:19:05,688 --> 00:19:07,773 Unless all jury members continue deliberating 497 00:19:07,898 --> 00:19:09,441 and agree on a verdict, 498 00:19:09,525 --> 00:19:12,319 it could be a hung jury and a mistrial declared. 499 00:19:12,403 --> 00:19:13,570 ‐ I was just concerned 500 00:19:13,696 --> 00:19:15,948 we weren't gonna come to a decision. 501 00:19:16,073 --> 00:19:17,950 ‐ It really only takes one juror 502 00:19:18,075 --> 00:19:19,451 to have a mistrial 503 00:19:19,576 --> 00:19:22,538 and to undo all of the state's arguments. 504 00:19:22,621 --> 00:19:26,917 ♪ ♪ 505 00:19:27,042 --> 00:19:28,836 ‐ We, the jury, find the defendant, 506 00:19:28,919 --> 00:19:30,504 George Steven Burch, 507 00:19:30,629 --> 00:19:33,507 guilty of first degree intentional homicide. 508 00:19:33,590 --> 00:19:34,967 ♪ ♪ 509 00:19:35,050 --> 00:19:36,176 Ladies and gentlemen of the jury, 510 00:19:36,260 --> 00:19:38,345 is this your verdict? all: Yes. 511 00:19:38,429 --> 00:19:40,973 ‐ They are saying yes and shaking their heads. 512 00:19:41,056 --> 00:19:43,308 ‐ Once the judge read the verdict 513 00:19:43,392 --> 00:19:45,060 that he was guilty, 514 00:19:45,144 --> 00:19:47,396 the room, like, the family, 515 00:19:47,521 --> 00:19:48,814 the weight off their shoulders, 516 00:19:48,897 --> 00:19:50,190 you could just hear it. 517 00:19:50,315 --> 00:19:53,110 They let out this big sigh of relief. 518 00:19:53,235 --> 00:19:55,654 And, you know, you knew instantly 519 00:19:55,738 --> 00:19:58,115 that it was the right decision. 520 00:19:58,198 --> 00:19:59,950 ‐ Mr. Burch, this is a crime 521 00:20:00,033 --> 00:20:02,995 that would, I believe, 522 00:20:03,078 --> 00:20:04,788 merit the death penalty, and for that, 523 00:20:04,872 --> 00:20:08,125 you have to die in prison with no possibility of parole. 524 00:20:08,250 --> 00:20:10,002 [dramatic music] 525 00:20:10,085 --> 00:20:11,837 ‐ We have to go based on evidence. 526 00:20:11,879 --> 00:20:14,214 The DNA all over Nicole's body 527 00:20:14,298 --> 00:20:16,049 that matched George Burch, 528 00:20:16,133 --> 00:20:18,844 and DNA, to us jurors, doesn't lie. 529 00:20:18,927 --> 00:20:25,726 ♪ ♪ 530 00:20:28,604 --> 00:20:30,689 ‐ Thinking of George Burch at this time now, 531 00:20:30,773 --> 00:20:34,067 I just think he's an absolute psychopath. 532 00:20:34,151 --> 00:20:36,695 ‐ It is really good that George was found guilty, 533 00:20:36,820 --> 00:20:38,739 and he's gonna go to prison for the rest of his life. 534 00:20:38,822 --> 00:20:40,908 He doesn't deserve 535 00:20:40,991 --> 00:20:43,702 to have any peace in his world. 536 00:20:43,827 --> 00:20:47,539 ♪ ♪ 537 00:20:47,623 --> 00:20:50,209 ‐ Defendants are never forced to take the stand, 538 00:20:50,250 --> 00:20:52,002 but that decision is likely 539 00:20:52,044 --> 00:20:54,671 the biggest one they ever make. 540 00:20:54,755 --> 00:20:56,840 For "Under Oath," I'm Dan Abrams. 541 00:20:56,965 --> 00:20:59,635 ♪ ♪