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[ominous music]
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‐ It's incredibly
rare for criminal defendants
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to take the stand
in their own defense.
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It's a gamble
very few ever take.
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At stake, one's freedom
or even life.
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This is George Burch,
A. K. A. Big Country.
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He's charged
with the horrific murder
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of 31‐year‐old
Nicole VanderHeyden.
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[dramatic music]
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He's decided
to take that gamble.
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‐ George, did you murder
Nicole VanderHeyden?
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‐ No, sir.
Definitely not.
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‐ Could it help him
convince the jury
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that he's not guilty?
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Or will it come back
to haunt him?
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It's a court‐side seat
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through the eyes
of the lead detective,
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the reporter who covered
the trial,
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the defendant's
former friends,
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and one of the jurors who
decided George Burch's fate.
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I'm Dan Abrams,
and this is "Under Oath."
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‐ Raise your right hand.
‐ Do you solemnly swear?
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‐ I'm being honest
with everything I say here.
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‐ Do solemnly swear.
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‐ The whole truth
and nothing but the truth.
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‐ I would like to testify.
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‐ The testimony
you are about to hear...
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The whole truth
and nothing but the truth.
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‐ So help you God.
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♪ ♪
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[tense music]
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‐ This is the most
brutal murder
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that has ever been committed
by one person
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in the history
of Brown County.
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This is a crime that would
merit the death penalty.
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‐ George, did you murder
Nicole VanderHeyden?
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‐ No, sir.
Definitely not.
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♪ ♪
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‐ George Burch
stands accused
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of first‐degree
intentional homicide
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for the savage murder
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of Nicole Nikki VanderHeyden,
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31‐year‐old
mother of three
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strangled
and beaten to death.
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♪ ♪
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He faces life in prison
without parole.
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By taking the witness stand,
he gets a chance
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to tell the jury
his side of the story,
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but if they find him
unconvincing,
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he may lose
his freedom forever.
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‐ I feel like the word
for this whole trial is intense
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because this man's fate
is in your hands.
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You're sending someone to jail
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potentially
for the rest of their life.
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‐ I didn't know
if she was alive.
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She wasn't physically moving.
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‐ What looked like a man
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standing with a firearm
in his hand.
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I could hear them say,
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"Look what the [bleep]
you made me do."
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‐ George Burch claims
that after meeting Nikki
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at a bar
called Richard Craniums,
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they engaged in consensual sex
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and that during
their sexual encounter,
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they were both assaulted
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by the father
of her youngest child
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and live‐in boyfriend,
Doug Detrie.
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Will Burch be able
to convince the jury
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that he had no reason
to kill Nikki
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and that her murder
was actually committed
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by her enraged lover?
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He only needs one juror
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to believe his story
to avoid a conviction.
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♪ ♪
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‐ George Burch is a human being
just like me and you.
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George is presumed innocent
unless they can convince you
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beyond a reasonable doubt
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that he murdered Nicole.
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‐ The judge basically told us
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he's innocent
till proven guilty,
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but we have
to go off the evidence.
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‐ Judge, at this time,
the defense calls
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George Steven Burch
to the stand.
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‐ Do you swear to tell
the truth, the whole truth,
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and nothing but the truth
so help you God?
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‐ Yes, ma'am.
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‐ Larger than average.
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‐ Okay.
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‐ Big Country.
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‐ When did you get
that nickname?
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‐ When I was six years old.
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‐ George was definitely one
of my best friends at the time.
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If he knew you were having
a bad day,
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he'd look at you and ask you
if you needed a hug.
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‐ When Nicole was murdered,
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George was living in our house
at the time.
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Ed asked, "You mind if he comes
and stays with us for a while?"
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And I said, "No.
Do you trust him?"
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And he said, "Yeah.
I trust him with my life."
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♪ ♪
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‐ On May 20th,
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Nikki VanderHeyden
and her boyfriend,
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Douglass Detrie,
decided to have a night out.
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They went
to a live music concert
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over at the Watering Hole.
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Nikki VanderHeyden and some
of Douglass Detrie's friends
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decided to go
to the Sardine Can,
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but Doug decided to stay back
a little bit,
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and that's when the night took
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a turn for their relationship.
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♪ ♪
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Nikki and Douglass
got into an argument
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over text messages.
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Nikki had accused him
of talking to another woman,
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possibly cheating on her.
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♪ ♪
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‐ Nicole was verified
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on surveillance video
at the Sardine Can.
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You could see on the video
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where she became
visibly upset.
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‐ Nikki stormed off.
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She left the bar by herself.
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‐ The following morning,
which was Saturday,
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we get a call
from a gentleman,
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and he was out in a field
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with his grandson
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when they observed something
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that caught their eye
down in the ditch.
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‐ She did not have
any clothes on her.
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All she had on her was
a sock on each foot,
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so there was
no identification.
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‐ She was so brutally beaten
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they had to use dental records
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to identify her.
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‐ It was the body
of Nicole VanderHeyden.
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[dramatic musical sting]
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She had a broken jaw.
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The whole side of her head
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was bloodied and curb stomped.
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The whole one side of her face
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was pretty much destroyed.
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It appeared to be
an act of rage.
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[phone dialing,
line trilling]
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‐ When Douglass Detrie
made the call
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that his girlfriend
was missing,
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police had already
found a body,
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but he had not known that yet.
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‐ Doug Detrie
waited 17 hours
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to report
his live‐in girlfriend,
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Nikki VanderHeyden, missing.
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Police thought
that was suspicious
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and went to his house
to interview him.
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‐ Mr. Detrie did become
a person of interest.
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It felt like the timing
was suspicious
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of when this phone call
was made to us
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after the body
had been discovered.
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‐ The coroner determines
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that Nikki's cause of death
was strangulation.
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That meant her death was not
an accident, not a suicide.
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It was a homicide.
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A warrant was issued
to search Detrie's house.
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‐ Things of interest that
we saw in the residence
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on that initial search warrant
led us to believe
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that we had the crime scene.
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There was blood in the garage.
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Nicole's vehicle
was parked in the garage.
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We thought what we had
was blood in her car
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as well as clumps
of blonde hair.
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‐ On the curb
in front of Nikki
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and Doug Detrie's
neighbor's home,
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investigators find
large pools of blood
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and retrieve
a black charging cable.
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‐ Right now I'm gonna
be taking you into custody.
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‐ When they arrested
her boyfriend,
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Douglass Detrie, I think
a lot of people were like,
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"Oh, yeah.
That makes sense."
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‐ When the results
from the crime lab came back,
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investigators concluded
two things.
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First, Nikki VanderHeyden
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was assaulted
right next to her house.
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The sample from the pool
of blood found on the curb
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contained her DNA.
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So did the black
charging cable
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they found at the scene.
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And second, they learned
there was not enough evidence
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connecting Doug Detrie
to the crime.
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Blood in the garage
was not human.
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It came from a turkey.
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The clump of blonde hair
was traced
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to Nicole's daughter.
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And Detrie's DNA,
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the critical proof
that would've placed him
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at the crime scene
was not found on Nikki's body,
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her clothes,
or the black charging cable.
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‐ Once the evidence
started coming back that
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that wasn't matching up
with what we thought,
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I contacted
the district attorney's office,
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told him that, you know,
we got the wrong guy
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and that
he should be released.
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♪ ♪
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Months later, we had received
information from the crime lab
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that one of the items
we submitted,
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one of Nikki's socks,
had gotten them enough DNA
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that they could enter it
into the CODIS database
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and provided them with a hit
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for an individual
named George Burch.
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‐ At some point,
did you end up meeting someone
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who you now known
is Nicole VanderHeyden?
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‐ Yes, sir.
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[dramatic music]
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‐ The evidence is gonna
show you Doug did this.
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Doug murdered Nicole
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in a fit of jealousy and anger.
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‐ George Burch is on trial
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for the murder
of Nikki VanderHeyden.
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He maintains his innocence
and says the police
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actually got it right
the first time
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when they arrested
her live‐in boyfriend,
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Doug Detrie.
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Before George Burch tells
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his version of events
to the jury,
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the defense calls Detrie
to the stand.
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Their objective?
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Offer the jury
an alternative suspect.
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If the defense
can even present
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the credible possibility
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that Detrie was
actually the killer,
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jurors might conclude
there's reasonable doubt.
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[tense music]
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‐ Going back to May 21st
and where you had been
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at the Sardine Can...
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♪ ♪
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By the time you left
the Sardine Can,
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you did not know
where Nicole was, correct?
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‐ Correct.
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‐ You didn't know
if she was with another man?
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‐ Correct.
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‐ And when you got home,
you did not call the police.
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‐ No.
‐ You just went back to bed.
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‐ Yeah, I was tired.
I was hungover.
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‐ And then you woke up again
around 11:00.
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‐ Uh, yeah, I think
approximately 11:00.
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‐ You finally called police
around 4:30.
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Does that sound correct?
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‐ Yes.
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‐ And that's 17 hours
since you last saw her.
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‐ That‐‐yeah.
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‐ Doug Detrie didn't
come off as a saint.
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There was just some weird
feeling with him on the stand.
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Like, he didn't call 911
for her right away.
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He didn't go looking out
for her that night
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when she didn't come home.
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‐ With Detrie's
credibility now in question,
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Burch takes the stand.
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Unanimous agreement
of all 12 jurors is required
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00:10:04,063 --> 00:10:07,400
for a conviction,
so if even one juror believes
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Burch is likely telling
the truth
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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
♪ ♪