1 00:00:02,671 --> 00:00:06,049 [suspenseful music] 2 00:00:06,174 --> 00:00:08,009 ‐ It's incredibly rare for a criminal defendant 3 00:00:08,134 --> 00:00:09,261 to take the stand. 4 00:00:09,386 --> 00:00:11,054 It's a risk very few take. 5 00:00:11,179 --> 00:00:14,474 At stake, one's freedom or even their life. 6 00:00:14,558 --> 00:00:15,850 This is Todd Kendhammer. 7 00:00:15,934 --> 00:00:17,727 A seemingly devoted husband and father 8 00:00:17,811 --> 00:00:20,272 charged with the murder of his wife Barbara. 9 00:00:20,397 --> 00:00:22,482 He's decided to take that gamble. 10 00:00:22,566 --> 00:00:25,694 Could it help him convince the jury he's not guilty? 11 00:00:28,905 --> 00:00:30,574 ‐ Or will it come back to haunt him? 12 00:00:36,162 --> 00:00:40,500 ‐ Take a courtside seat with the prosecutor, 13 00:00:40,584 --> 00:00:43,044 the reporter who covered the case, 14 00:00:43,128 --> 00:00:45,046 the podcaster who dug deep, 15 00:00:45,130 --> 00:00:47,632 and the psychologist who studied the trial. 16 00:00:47,716 --> 00:00:50,760 I'm Dan Abrams, and this is "Under Oath." 17 00:00:50,844 --> 00:00:53,305 ‐ Raise your right hand. ‐ Do you solemnly swear? 18 00:00:53,388 --> 00:00:55,682 ‐ I'm being honest with everything I say to you. 19 00:00:55,765 --> 00:00:57,225 ‐ Do you solemnly swear‐‐ 20 00:00:57,350 --> 00:00:58,685 ‐ The whole truth and nothing but the truth. 21 00:00:58,768 --> 00:00:59,978 ‐ I would like to testify. 22 00:01:00,061 --> 00:01:01,479 ‐ The testimony you are about to give‐‐ 23 00:01:01,563 --> 00:01:03,023 the whole truth and nothing but the truth. 24 00:01:03,106 --> 00:01:05,191 ‐ So help you God. 25 00:01:08,194 --> 00:01:09,404 ‐ I gave her a kiss, 26 00:01:09,529 --> 00:01:12,991 and I told her that I loved her too. 27 00:01:13,074 --> 00:01:16,661 I watched that video. That is not me. 28 00:01:16,745 --> 00:01:19,039 It's me in the picture, but it's not me talking. 29 00:01:19,122 --> 00:01:21,541 It's not right state of mind. 30 00:01:21,666 --> 00:01:24,502 ‐ There's blood on both your knuckles, right? 31 00:01:24,586 --> 00:01:26,796 ‐ It's not from punching my wife. 32 00:01:28,465 --> 00:01:30,675 ‐ Barbara Kendhammer was a 46‐year‐old woman, 33 00:01:30,759 --> 00:01:32,844 a mother of two, and a new grandmother 34 00:01:32,927 --> 00:01:34,763 when she died in 2016. 35 00:01:34,888 --> 00:01:37,515 Todd Kendhammer, Barb's husband of 25 years, 36 00:01:37,599 --> 00:01:40,477 was a factory worker and auto glass installer. 37 00:01:40,560 --> 00:01:42,354 And a man with no history of violence 38 00:01:42,479 --> 00:01:44,022 and no prior criminal record. 39 00:01:44,147 --> 00:01:46,733 Now he finds himself on trial for her death. 40 00:01:46,816 --> 00:01:53,782 ♪ ♪ 41 00:01:53,865 --> 00:01:57,410 ‐ Friday, September 16, 2016. 42 00:01:57,535 --> 00:01:59,663 The dispatch center in La Crosse got a call 43 00:01:59,746 --> 00:02:03,249 from Todd Kendhammer at about 8:06 a. m. 44 00:02:13,885 --> 00:02:16,012 ‐ We heard about a crash. 45 00:02:16,096 --> 00:02:18,390 This one stuck out to me. 46 00:02:18,515 --> 00:02:21,601 It was described, at first, as this freak accident. 47 00:02:21,726 --> 00:02:24,062 ‐ Todd indicated that they were driving 48 00:02:24,187 --> 00:02:25,438 to put a windshield in 49 00:02:25,522 --> 00:02:27,524 for somebody they worked with named Justin Heim 50 00:02:27,607 --> 00:02:31,236 and then take Barb to work after that. 51 00:02:31,361 --> 00:02:33,029 ‐ Todd tells investigators that 52 00:02:33,154 --> 00:02:34,531 as he's driving down this road, 53 00:02:34,656 --> 00:02:37,450 an oncoming truck loses a pipe off of it. 54 00:02:37,575 --> 00:02:40,829 And the pipe comes flying through the windshield 55 00:02:40,912 --> 00:02:42,539 on the passenger's side. 56 00:02:51,381 --> 00:02:53,508 ‐ This was not from an overpass. 57 00:02:53,550 --> 00:02:55,218 It's from an oncoming car, 58 00:02:55,343 --> 00:02:58,430 and it happens in a fraction of a second. 59 00:03:12,652 --> 00:03:15,363 ‐ First responders rushed Barb to the hospital. 60 00:03:15,447 --> 00:03:17,073 Todd talked about how he stayed 61 00:03:17,198 --> 00:03:18,908 with her the whole time, holding her hand, 62 00:03:18,992 --> 00:03:21,870 but the next day, she was ruled brain dead. 63 00:03:21,995 --> 00:03:25,331 She died there at 46 without ever being able to wake up 64 00:03:25,415 --> 00:03:27,876 or tell her side of what happened. 65 00:03:27,959 --> 00:03:30,670 ‐ Barb had injuries to her body that we wouldn't discover 66 00:03:30,795 --> 00:03:32,839 until later, when an autopsy was done. 67 00:03:32,922 --> 00:03:35,467 She had blunt force trauma to the back of her head, 68 00:03:35,550 --> 00:03:37,093 not to the front of her head, 69 00:03:37,218 --> 00:03:39,637 where you'd expect the pipe to hit her. 70 00:03:39,721 --> 00:03:41,306 ‐ And then we have to talk about 71 00:03:41,389 --> 00:03:42,932 Todd's injuries, as well. 72 00:03:43,016 --> 00:03:45,518 There are pictures of him with scratches, you know, 73 00:03:45,602 --> 00:03:47,812 on his neck, on his chest. 74 00:03:52,484 --> 00:03:54,903 ‐ And his knuckles on both hands were all bloody. 75 00:04:01,493 --> 00:04:05,538 ‐ He said that he lunged forward, striking the glass, 76 00:04:05,622 --> 00:04:09,709 in order to stop the pipe or whatever object he thought 77 00:04:09,793 --> 00:04:11,753 from coming through the windshield. 78 00:04:24,724 --> 00:04:27,852 ‐ After weeks of searching, investigators were unable 79 00:04:27,936 --> 00:04:29,312 to find evidence of the truck 80 00:04:29,395 --> 00:04:31,648 Kendhammer says dropped the pipe. 81 00:04:40,406 --> 00:04:42,450 ‐ He was very specific about the fact 82 00:04:42,575 --> 00:04:45,495 that the pipe rolled off the top of this truck. 83 00:04:45,578 --> 00:04:46,871 That it hadn't bounced. 84 00:04:46,996 --> 00:04:48,706 That it came straight through the windshield. 85 00:04:48,832 --> 00:04:51,376 This is a very straight, flat piece of road, 86 00:04:51,459 --> 00:04:54,462 and a pipe just simply can't do what he described, 87 00:04:54,546 --> 00:04:56,089 given the physics of the pipe. 88 00:04:56,214 --> 00:04:58,132 ‐ Investigators now believe that the truck wasn't real, 89 00:04:58,216 --> 00:05:00,552 and that Todd was responsible for Barb's injuries. 90 00:05:00,635 --> 00:05:03,346 But that theory would require Todd 91 00:05:03,388 --> 00:05:04,848 to have rendered his wife unconscious 92 00:05:04,931 --> 00:05:07,892 and staged the scene to look like an accident, 93 00:05:08,017 --> 00:05:09,394 all in a matter of minutes. 94 00:05:09,519 --> 00:05:12,146 And investigators couldn't pinpoint 95 00:05:12,230 --> 00:05:13,982 a motive for the crime. 96 00:05:20,738 --> 00:05:23,658 ‐ Now Kendhammer's on trial for Barb's murder. 97 00:05:23,741 --> 00:05:27,370 ‐ What started out looking like a tragic car accident 98 00:05:27,453 --> 00:05:30,039 would soon become much more complicated. 99 00:05:30,164 --> 00:05:32,250 At the end of the case, I will argue that the truth 100 00:05:32,333 --> 00:05:33,585 does not support the version 101 00:05:33,710 --> 00:05:35,545 that Todd Kendhammer gave to police 102 00:05:35,670 --> 00:05:37,046 and does support a conviction 103 00:05:37,171 --> 00:05:38,548 for first‐degree intentional homicide. 104 00:05:38,673 --> 00:05:40,633 ‐ He's facing life in prison if he's convicted, 105 00:05:40,717 --> 00:05:42,719 and he's made a huge decision. 106 00:05:42,844 --> 00:05:44,888 Todd Kendhammer will take the stand 107 00:05:45,013 --> 00:05:46,598 to try to prove his innocence. 108 00:05:46,723 --> 00:05:50,560 After all, he was the only witness to Barb's death. 109 00:06:05,074 --> 00:06:06,618 ‐ Mr. Kendhammer, I noticed on your left hand, 110 00:06:06,743 --> 00:06:08,202 you wear a wedding ring. 111 00:06:08,328 --> 00:06:09,746 ‐ Yes. 112 00:06:09,871 --> 00:06:11,414 ‐ Why do you continue to wear it? 113 00:06:11,497 --> 00:06:12,999 [suspenseful music] 114 00:06:13,082 --> 00:06:14,876 ‐ I'm married to Barb. 115 00:06:14,959 --> 00:06:16,502 ‐ Todd Kendhammer's on trial for the murder 116 00:06:16,544 --> 00:06:18,046 of his wife Barbara. 117 00:06:18,129 --> 00:06:20,506 A month prior to Barb's death, in September, 2016, 118 00:06:20,590 --> 00:06:22,926 they'd celebrated their 25th anniversary. 119 00:06:23,051 --> 00:06:26,387 By all accounts, their marriage was perfect. 120 00:06:26,512 --> 00:06:28,806 ‐ The defense's case centered around the fact 121 00:06:28,890 --> 00:06:31,935 that Todd and Barb had a very happy marriage. 122 00:06:32,060 --> 00:06:36,397 They even called Todd and Barb's own children to testify. 123 00:06:36,522 --> 00:06:39,734 ‐ How would you describe to the jury 124 00:06:39,859 --> 00:06:42,278 the relationship between your mother and your father, 125 00:06:42,362 --> 00:06:44,072 from your perspective? 126 00:06:44,197 --> 00:06:45,740 ‐ Absolutely perfect. 127 00:06:45,823 --> 00:06:48,576 I tried to model my marriage after theirs. 128 00:06:48,660 --> 00:06:50,203 ‐ And the defense presents its own experts 129 00:06:50,328 --> 00:06:51,996 who say that Todd's account of a pipe 130 00:06:52,080 --> 00:06:54,415 coming through the windshield and killing Barb 131 00:06:54,540 --> 00:06:58,503 is not nearly as far‐fetched as the prosecution says. 132 00:07:45,967 --> 00:07:48,469 ‐ Now Todd Kendhammer's seeking to prove his innocence 133 00:07:48,553 --> 00:07:51,597 in the death of the woman he seemingly loved. 134 00:07:52,932 --> 00:07:55,643 ‐ One of the reasons why a lot of defendants don't testify 135 00:07:55,727 --> 00:07:57,895 is that they're creating a situation where now 136 00:07:58,021 --> 00:08:00,314 the jury's just picking one story over another, 137 00:08:00,398 --> 00:08:02,358 and whichever one is more believable, 138 00:08:02,483 --> 00:08:04,444 even by a little bit, they'll go with that. 139 00:08:04,569 --> 00:08:05,695 So it's a big risk for defendants 140 00:08:05,820 --> 00:08:08,364 to take that chance to testify. 141 00:08:08,448 --> 00:08:10,992 ‐ When did you meet Barb Kendhammer? 142 00:08:11,075 --> 00:08:13,661 ‐ I met Barb in 1986. 143 00:08:13,745 --> 00:08:15,705 It was a picture book thing. 144 00:08:15,830 --> 00:08:17,206 I mean, just one of these things 145 00:08:17,248 --> 00:08:19,292 where you know immediately 146 00:08:19,375 --> 00:08:20,710 that's the girl you want. 147 00:08:20,835 --> 00:08:22,420 That's the girl I wanna talk to, 148 00:08:22,545 --> 00:08:23,838 I wanna get to know this girl, 149 00:08:23,921 --> 00:08:25,381 and that's the feeling that I had 150 00:08:25,465 --> 00:08:27,050 the first time I met Barb. 151 00:08:27,175 --> 00:08:31,929 ‐ I think Todd's strategy here was to win over some sympathy 152 00:08:32,013 --> 00:08:34,849 from the jury and to get them to maybe think 153 00:08:34,891 --> 00:08:39,562 that there's no way he would ever hurt his other half. 154 00:08:39,645 --> 00:08:42,440 This person who he spent all of his time with. 155 00:08:42,523 --> 00:08:45,985 This person who he shared a life with. 156 00:08:46,069 --> 00:08:47,862 ‐ Did you do everything together? 157 00:08:47,945 --> 00:08:49,572 ‐ Yes, we did. 158 00:08:49,655 --> 00:08:53,367 ‐ If you had to shovel snow, what would she do? 159 00:08:53,493 --> 00:08:55,578 ‐ She'd be right there with me. 160 00:08:55,661 --> 00:08:58,372 ‐ If you had to mow the lawn, what would she do? 161 00:08:58,456 --> 00:09:01,793 ‐ She'd pick up the weed eater and weed it right with me. 162 00:09:01,876 --> 00:09:03,920 ♪ ♪ 163 00:09:04,045 --> 00:09:07,715 ‐ Were there things you did for Barb that were unusual? 164 00:09:07,799 --> 00:09:11,177 ‐ Yes. ‐ What were those things? 165 00:09:11,219 --> 00:09:13,638 ‐ A big pet peeve of Barb's... 166 00:09:15,473 --> 00:09:18,351 Was when guys stood up to pee. 167 00:09:18,434 --> 00:09:21,938 And I respected her enough to sit down at home to pee. 168 00:09:23,981 --> 00:09:25,650 ‐ For 25 years? ‐ Yes, I did. 169 00:09:25,733 --> 00:09:28,611 For 25 actually‐‐yep. 25 years. 170 00:09:28,694 --> 00:09:30,655 ‐ Was it your intention to drive Barb 171 00:09:30,738 --> 00:09:32,115 to work that morning? 172 00:09:32,240 --> 00:09:33,616 ‐ Yes, it was. 173 00:09:33,741 --> 00:09:35,868 ‐ Did you choose to do something 174 00:09:35,952 --> 00:09:38,287 on the way to taking Barb to work? 175 00:09:38,412 --> 00:09:39,705 ‐ Yes, we did. 176 00:09:39,831 --> 00:09:42,166 ‐ And what did you decide to do? 177 00:09:42,250 --> 00:09:45,878 ‐ We were gonna take a quick jog over highway M 178 00:09:45,962 --> 00:09:49,841 and see if we could find that blue Ford pickup. 179 00:09:51,050 --> 00:09:53,469 ‐ From the beginning, one of the problems for Todd 180 00:09:53,553 --> 00:09:55,847 was his changing explanation for exactly 181 00:09:55,930 --> 00:09:58,182 where he and Barb were headed that morning. 182 00:09:58,224 --> 00:09:59,892 He originally said he was going to replace 183 00:09:59,976 --> 00:10:01,352 the windshield of a blue truck 184 00:10:01,435 --> 00:10:04,105 belonging to a man named Justin Heim. 185 00:10:10,236 --> 00:10:12,905 ‐ But when Heim denied needing a windshield replacement, 186 00:10:13,030 --> 00:10:14,782 Kendhammer changed his story, 187 00:10:14,866 --> 00:10:17,702 saying he'd been going to see a man named Ben Pfaff. 188 00:10:17,785 --> 00:10:19,579 But Pfaff also denied that, 189 00:10:19,704 --> 00:10:22,206 and when Kendhammer's testimony began, 190 00:10:22,290 --> 00:10:25,918 he tried, once and for all, to clarify the issue. 191 00:10:26,002 --> 00:10:27,753 ‐ Where were you headed that day? 192 00:10:27,837 --> 00:10:29,505 ‐ It was Jerry Loging. 193 00:10:29,589 --> 00:10:31,757 ‐ When you spoke to the police officers 194 00:10:31,883 --> 00:10:37,638 and answered their questions, why'd you say Justin Heim? 195 00:10:37,722 --> 00:10:41,809 ‐ When I watch those tapes, that's not me. 196 00:10:41,893 --> 00:10:43,895 It's me in the picture, but it's not me talking. 197 00:10:44,020 --> 00:10:45,855 It's not right state of mind. 198 00:10:45,980 --> 00:10:49,400 I wasn't thinking of where I was going or what I was doing. 199 00:10:49,525 --> 00:10:51,068 I was thinking of Barb. 200 00:10:51,152 --> 00:10:53,821 ‐ His whole testimony hinged on emotion, 201 00:10:53,905 --> 00:10:56,532 and any inconsistencies in his story could be explained 202 00:10:56,616 --> 00:10:57,992 by how much emotion he was feeling 203 00:10:58,075 --> 00:11:00,203 because his wife, who he loved so much, was dead. 204 00:11:00,286 --> 00:11:05,875 ‐ When you got to the hospital, was there ever a time 205 00:11:05,958 --> 00:11:09,837 that you left the hospital until Barb passed away? 206 00:11:09,921 --> 00:11:11,005 ‐ No. 207 00:11:11,088 --> 00:11:13,841 ‐ Todd Kendhammer makes an incredible impression 208 00:11:13,925 --> 00:11:16,719 when he takes the stand during direct. 209 00:11:16,802 --> 00:11:19,555 ‐ I just talked to her and held her hand 210 00:11:19,680 --> 00:11:21,599 and gave her a kiss, 211 00:11:21,682 --> 00:11:26,729 and I told her that I loved her, too, 212 00:11:26,812 --> 00:11:28,856 and I'd always take care of her mom. 213 00:11:28,940 --> 00:11:31,609 ‐ His face alone is so believable. 214 00:11:31,692 --> 00:11:34,695 He speaks in such a calm voice. 215 00:11:34,820 --> 00:11:37,031 ‐ Why did you say "I love you too"? 216 00:11:37,073 --> 00:11:39,951 ‐ 'Cause Barb and I knew each other so well... 217 00:11:40,034 --> 00:11:41,702 ♪ ♪ 218 00:11:41,786 --> 00:11:43,371 that we didn't say, "I love you," 219 00:11:43,412 --> 00:11:44,580 and, "I love you," 220 00:11:44,664 --> 00:11:45,873 because we always said it together. 221 00:11:45,998 --> 00:11:47,708 So it was always a, "Love you too." 222 00:11:47,792 --> 00:11:52,004 ‐ He seems simultaneously like a child and a little, old man. 223 00:11:52,046 --> 00:11:54,131 ‐ Did you go home that evening? 224 00:11:54,215 --> 00:11:57,009 ‐ I didn't want to go home without Barb there. 225 00:11:57,093 --> 00:11:59,011 ‐ He seems like he doesn't know how he got there, 226 00:11:59,053 --> 00:12:02,598 but he just wants to help, and juries love that. 227 00:12:02,723 --> 00:12:03,891 ‐ Did you take her head 228 00:12:04,016 --> 00:12:06,894 and bash it against the wheel rim? 229 00:12:07,019 --> 00:12:08,271 ‐ No. 230 00:12:08,396 --> 00:12:12,191 ‐ Did you take a pipe and beat her with it in any way? 231 00:12:12,275 --> 00:12:13,526 ‐ No. 232 00:12:13,609 --> 00:12:15,653 ‐ Have you ever hit Barb? 233 00:12:15,736 --> 00:12:17,530 ‐ Never raised my voice to Barb. 234 00:12:17,571 --> 00:12:19,407 ♪ ♪ 235 00:12:19,532 --> 00:12:21,158 Never hit her, either. 236 00:12:21,242 --> 00:12:24,036 ‐ Did you love Barb? ‐ Yes. 237 00:12:24,120 --> 00:12:27,873 ‐ Did you love her on September 16 of last year? 238 00:12:27,999 --> 00:12:30,126 ‐ Yes. I still do. 239 00:12:35,715 --> 00:12:36,882 ‐ Mr. Kendhammer, did you ever do anything 240 00:12:37,008 --> 00:12:38,467 to physically hurt Barb? 241 00:12:38,551 --> 00:12:39,427 ‐ No. 242 00:12:39,552 --> 00:12:40,928 I never have ever 243 00:12:41,012 --> 00:12:42,930 done anything to my wife. 244 00:12:43,055 --> 00:12:44,932 ‐ Have you ever lost your temper with her? 245 00:12:45,057 --> 00:12:46,517 ‐ No. 246 00:12:46,600 --> 00:12:48,227 Never, ever lost my temper with Barb. 247 00:12:48,352 --> 00:12:49,979 ‐ Todd Kendhammer's on the stand charged 248 00:12:50,062 --> 00:12:52,231 with killing his wife of 25 years. 249 00:12:52,315 --> 00:12:54,066 His defense has made a strong case 250 00:12:54,150 --> 00:12:56,819 about the loving marriage Todd and Barb shared, 251 00:12:56,902 --> 00:12:58,529 but now, it's the prosecution's turn 252 00:12:58,654 --> 00:13:01,365 to point the jury's attention where they want it: 253 00:13:01,407 --> 00:13:03,951 to the possibility that Todd murdered Barb 254 00:13:04,035 --> 00:13:06,871 on September 16, 2016. 255 00:13:06,954 --> 00:13:08,497 ‐ What I thought was really interesting 256 00:13:08,581 --> 00:13:09,832 about the state's case is, 257 00:13:09,915 --> 00:13:11,876 they never tried to establish motive. 258 00:13:11,917 --> 00:13:13,669 Sure, Todd may have loved Barb, 259 00:13:13,753 --> 00:13:15,296 but that doesn't mean he didn't kill his wife. 260 00:13:15,379 --> 00:13:18,341 ‐ So one of my main goals in cross‐examination 261 00:13:18,466 --> 00:13:22,011 was to try to emphasize the parts of his story 262 00:13:22,094 --> 00:13:23,471 that either didn't make sense 263 00:13:23,554 --> 00:13:26,015 or that we had felt we caught him in a lie. 264 00:13:26,098 --> 00:13:27,641 You mentioned Justin Heim. 265 00:13:27,725 --> 00:13:29,685 You said you did work for him all the time, correct? 266 00:13:29,727 --> 00:13:30,978 ‐ I did. 267 00:13:31,062 --> 00:13:32,646 ‐ Those were all lies, weren't they? 268 00:13:32,730 --> 00:13:33,856 ‐ No. 269 00:13:33,898 --> 00:13:35,649 ‐ They weren't true, were they? 270 00:13:35,733 --> 00:13:36,859 ‐ No. 271 00:13:36,984 --> 00:13:38,819 ‐ Just going through all the implausibilities 272 00:13:38,903 --> 00:13:41,405 or the unbelievability things, once again, 273 00:13:41,489 --> 00:13:43,157 so if the jury were feeling sorry for him 274 00:13:43,240 --> 00:13:44,867 or were concerned that there wasn't a motive 275 00:13:44,992 --> 00:13:46,285 that they came back to that point 276 00:13:46,369 --> 00:13:48,120 of what he's saying doesn't add up, 277 00:13:48,245 --> 00:13:50,414 and he still doesn't have a very good explanation for it. 278 00:13:50,498 --> 00:13:52,625 And now, today, you have a third story, right? 279 00:13:52,750 --> 00:13:56,796 ‐ No. I have the second story. 280 00:13:56,879 --> 00:13:58,714 ‐ Well, it wasn't Justin Heim or Ben Pfaff. 281 00:13:58,798 --> 00:14:01,634 Now it's somebody named Jerry Loging? 282 00:14:01,717 --> 00:14:03,052 ‐ Yes. 283 00:14:03,135 --> 00:14:04,637 ♪ ♪ 284 00:14:04,720 --> 00:14:06,639 It was that all along. 285 00:14:06,722 --> 00:14:08,265 ‐ He didn't really have answers 286 00:14:08,391 --> 00:14:10,976 to many of the prosecutors' questions. 287 00:14:11,060 --> 00:14:15,314 ‐ Did you talk to Jerry Loging about his truck? 288 00:14:15,398 --> 00:14:16,816 ‐ No. 289 00:14:16,899 --> 00:14:19,235 ‐ Do you know where Jerry Loging lives? 290 00:14:19,360 --> 00:14:20,903 ‐ Not exactly, no. 291 00:14:20,986 --> 00:14:23,447 ‐ There were many things like that where the prosecutor 292 00:14:23,531 --> 00:14:28,369 was able to poke holes in Todd's new stories. 293 00:14:28,494 --> 00:14:31,038 ‐ So you were driving around looking for a person 294 00:14:31,122 --> 00:14:32,331 that you hadn't talked to 295 00:14:32,415 --> 00:14:34,375 and don't know where he lives, right? 296 00:14:34,500 --> 00:14:35,543 ‐ Correct. 297 00:14:35,626 --> 00:14:36,836 ♪ ♪ 298 00:14:36,919 --> 00:14:38,671 ‐ On a day that Barbara has to go to work. 299 00:14:38,754 --> 00:14:40,047 ‐ Correct. 300 00:14:40,172 --> 00:14:41,882 ‐ Barb got to work every Friday at 8:00 a. m. 301 00:14:42,007 --> 00:14:43,426 She was never late. 302 00:14:43,551 --> 00:14:46,053 Her work called immediately when she was late. 303 00:14:46,137 --> 00:14:48,764 ‐ Do you have a reason why she wouldn't call in 304 00:14:48,889 --> 00:14:50,307 when she knows she's gotta work at 8:00, 305 00:14:50,391 --> 00:14:51,767 and there's no way she's gonna make it by 8:00? 306 00:14:51,851 --> 00:14:53,894 ‐ I don't have a reason. 307 00:14:53,978 --> 00:14:55,688 ‐ You don't find that odd? 308 00:14:55,729 --> 00:14:57,064 ♪ ♪ 309 00:14:57,189 --> 00:15:00,359 ‐ I find a lot of things odd, yes. 310 00:15:00,443 --> 00:15:02,027 ‐ You have no explanation for that, though? 311 00:15:02,111 --> 00:15:03,863 ‐ I do not have an explanation for that, no. 312 00:15:03,988 --> 00:15:05,281 ♪ ♪ 313 00:15:05,406 --> 00:15:08,576 ‐ But that dubious timeline was not the only issue 314 00:15:08,659 --> 00:15:09,994 Todd had to address. 315 00:15:10,077 --> 00:15:12,079 Unable to provide or even suggest a motive, 316 00:15:12,163 --> 00:15:15,374 the prosecution leaned hard into questioning Todd 317 00:15:15,458 --> 00:15:18,002 about both of their suspicious injuries. 318 00:15:18,043 --> 00:15:21,046 ‐ It was clear from our autopsy that Barb died 319 00:15:21,172 --> 00:15:24,008 from blunt force trauma to the back of her head. 320 00:15:24,091 --> 00:15:26,802 ‐ There were these three skull‐deep lacerations 321 00:15:26,886 --> 00:15:28,345 on the back of her head and neck. 322 00:15:28,429 --> 00:15:31,849 That was a big red flag, especially when talking about 323 00:15:31,974 --> 00:15:34,727 a pipe coming through the windshield. 324 00:15:34,810 --> 00:15:37,688 ‐ She also had a broken nose. 325 00:15:37,813 --> 00:15:39,440 Injuries to the insides of her lips. 326 00:15:39,565 --> 00:15:40,983 Scratches on her neck that might have 327 00:15:41,066 --> 00:15:42,902 looked like she'd been strangled. 328 00:15:43,027 --> 00:15:45,738 ‐ She had a couple fingernails that were torn. 329 00:15:45,863 --> 00:15:47,364 One of her neckbones was broken, 330 00:15:47,490 --> 00:15:49,533 as though she had been strangled. 331 00:15:49,617 --> 00:15:52,870 ‐ Injuries to her hands, her arms, her legs. 332 00:15:52,995 --> 00:15:54,872 We then had to focus on Todd Kendhammer 333 00:15:54,997 --> 00:15:56,582 being the last person that was with her 334 00:15:56,707 --> 00:15:58,167 and that saw her alive. 335 00:15:58,250 --> 00:15:59,877 And then he staged a cover‐up. 336 00:15:59,960 --> 00:16:01,253 There were a number of times where you tried 337 00:16:01,337 --> 00:16:03,422 to manipulate the police, didn't you? 338 00:16:03,547 --> 00:16:04,673 ‐ Explain "manipulate." 339 00:16:04,757 --> 00:16:08,344 ‐ Well, the police noted scratches on your neck. 340 00:16:08,469 --> 00:16:09,845 You first said that that was from working 341 00:16:09,887 --> 00:16:11,764 with glass, correct? 342 00:16:11,889 --> 00:16:13,265 ‐ I said that, yes. 343 00:16:13,349 --> 00:16:14,767 ‐ Well, were these scratches from glass? 344 00:16:14,892 --> 00:16:16,227 ‐ No. ‐ That was a lie. 345 00:16:16,352 --> 00:16:18,395 ‐ It wasn't a lie. ‐ It was not true. 346 00:16:18,521 --> 00:16:19,730 ‐ It was not true. 347 00:16:19,813 --> 00:16:21,023 ‐ If you're telling the jury 348 00:16:21,106 --> 00:16:22,441 you said things that weren't true, 349 00:16:22,525 --> 00:16:24,235 that's as good as a confession for me. 350 00:16:24,318 --> 00:16:25,778 The scratches were from her trying 351 00:16:25,903 --> 00:16:27,196 to get you off of her, weren't they? 352 00:16:27,279 --> 00:16:29,573 ‐ Nope. ‐ She was scratching your neck. 353 00:16:29,657 --> 00:16:32,618 Her neck. Her nail broke. Looks like a fight, doesn't it? 354 00:16:32,743 --> 00:16:34,286 ‐ No. ‐ Not at all? 355 00:16:34,370 --> 00:16:36,497 ‐ Well, it might look like it, but it wasn't. 356 00:16:36,580 --> 00:16:38,457 ‐ We wanted the jurors to focus not so much on, 357 00:16:38,582 --> 00:16:40,751 "Was it a good marriage or a bad marriage?" 358 00:16:40,834 --> 00:16:42,169 'cause I would lose that argument. 359 00:16:42,211 --> 00:16:44,338 Mr. Kendhammer, isn't it true that 360 00:16:44,421 --> 00:16:46,298 you punched her and broke her nose? 361 00:16:46,382 --> 00:16:47,424 ‐ No. 362 00:16:47,508 --> 00:16:49,760 ‐ Caused bruises on her face? ‐ No. 363 00:16:49,885 --> 00:16:51,554 ‐ So I wanted them to focus on where I thought 364 00:16:51,637 --> 00:16:54,265 I might win the argument, which is, on this day, 365 00:16:54,390 --> 00:16:56,308 she died from blunt trauma to her head. 366 00:16:56,392 --> 00:16:58,060 There are scratches on your neck, right? 367 00:16:58,185 --> 00:17:00,521 ‐ Yes, there was. ‐ She had a broken nail, right? 368 00:17:00,604 --> 00:17:01,564 ‐ Yes, she did. 369 00:17:01,689 --> 00:17:03,023 ‐ When your wife is hurt in an accident, 370 00:17:03,107 --> 00:17:04,441 why would you be lying, 371 00:17:04,525 --> 00:17:06,151 other than you've got something to cover up? 372 00:17:06,235 --> 00:17:08,988 There's blood on both your knuckles, right? 373 00:17:09,071 --> 00:17:11,407 ‐ It's not from punching my wife. 374 00:17:11,490 --> 00:17:13,951 ♪ ♪ 375 00:17:14,034 --> 00:17:15,494 ‐ Once cross‐examination was over, 376 00:17:15,578 --> 00:17:19,206 the jury then had to weigh Todd's story. 377 00:17:19,331 --> 00:17:24,253 But first, prosecution had a surprise witness. 378 00:17:40,811 --> 00:17:44,064 ‐ Todd Kendhammer's on trial for his wife's murder. 379 00:17:44,148 --> 00:17:45,649 He's told his side of the story 380 00:17:45,733 --> 00:17:48,444 and answered the prosecution's questions as best he can. 381 00:17:48,569 --> 00:17:50,237 Usually, at this point, the defense rests, 382 00:17:50,362 --> 00:17:51,822 and the jury deliberates. 383 00:17:51,905 --> 00:17:55,284 But prosecutor Tim Gruenke has something up his sleeve. 384 00:17:55,409 --> 00:17:57,244 ‐ A big thing with this story was the windshield. 385 00:17:57,369 --> 00:17:59,705 So he was gonna go replace a windshield for Justin Heim. 386 00:17:59,830 --> 00:18:02,041 And then it was Ben Pfaff, and then it was‐‐ 387 00:18:02,124 --> 00:18:04,043 on the stand, it changed to Jerry Loging. 388 00:18:04,168 --> 00:18:06,629 ‐ But the prosecution had a surprise witness 389 00:18:06,712 --> 00:18:10,382 in the form of the third guy that Todd said 390 00:18:10,507 --> 00:18:12,635 he was going to meet that morning. 391 00:18:12,718 --> 00:18:16,263 ‐ Could you state your name? ‐ Jared Loging. 392 00:18:16,347 --> 00:18:17,890 ‐ And could you spell your last name? 393 00:18:18,015 --> 00:18:20,309 ‐ L‐O‐G‐I‐N‐G. 394 00:18:20,392 --> 00:18:23,437 ‐ Now, at any time in 2016, did you talk to Todd Kendhammer 395 00:18:23,562 --> 00:18:26,357 or anybody else about needing a windshield for your truck? 396 00:18:26,482 --> 00:18:27,524 ‐ No. 397 00:18:27,650 --> 00:18:28,942 ♪ ♪ 398 00:18:29,026 --> 00:18:32,863 ‐ So Todd never, ever established a concrete reason 399 00:18:32,988 --> 00:18:34,573 for why they were on this road 400 00:18:34,657 --> 00:18:37,284 at this time when Barb should have been at work. 401 00:18:37,409 --> 00:18:38,786 ‐ Look, you get a pass 402 00:18:38,911 --> 00:18:40,704 if you forget the seconds before the accident, 403 00:18:40,829 --> 00:18:42,998 and you forget what happened during and right afterward. 404 00:18:43,082 --> 00:18:45,793 But you don't get a pass for what you planned 405 00:18:45,876 --> 00:18:47,503 that morning, hours before. 406 00:18:47,586 --> 00:18:50,381 And the jury really was gonna wrestle with that. 407 00:18:51,965 --> 00:18:53,509 ‐ Now, Mr. Kendhammer... 408 00:18:53,550 --> 00:18:54,677 ♪ ♪ 409 00:18:54,760 --> 00:18:56,345 For some reason that I can't tell you, 410 00:18:56,428 --> 00:18:58,681 because he's the only one who knows, 411 00:18:58,806 --> 00:19:02,059 killed his wife and then tried to cover it up 412 00:19:02,184 --> 00:19:04,770 and then came into court and lied to you 413 00:19:04,853 --> 00:19:06,939 to try to get away with it. 414 00:19:07,022 --> 00:19:08,691 Don't let him get away with it. 415 00:19:08,732 --> 00:19:11,985 ♪ ♪ 416 00:19:12,069 --> 00:19:17,783 ‐ Where is the proof that this was some intentional assault? 417 00:19:17,866 --> 00:19:19,993 ♪ ♪ 418 00:19:20,077 --> 00:19:24,081 What reason would Todd Kendhammer 419 00:19:24,206 --> 00:19:28,669 ever have to harm his wife? 420 00:19:28,711 --> 00:19:30,170 ♪ ♪ 421 00:19:30,295 --> 00:19:33,465 ‐ The moment before a verdict is read 422 00:19:33,549 --> 00:19:36,135 is harrowing in any courtroom. 423 00:19:36,218 --> 00:19:38,387 It is one of the scariest moments 424 00:19:38,512 --> 00:19:40,389 that you can experience. 425 00:19:40,472 --> 00:19:42,933 ♪ ♪ 426 00:19:43,016 --> 00:19:44,476 ‐ Mr. Kendhammer, if you'd please rise 427 00:19:44,560 --> 00:19:46,603 for the reading of the verdict. 428 00:19:46,687 --> 00:19:49,940 State of Wisconsin versus Todd A. Kendhammer. 429 00:19:50,023 --> 00:19:51,942 We, the jury, find the defendant, 430 00:19:52,025 --> 00:19:53,444 Todd A. Kendhammer... 431 00:19:53,527 --> 00:19:54,486 ♪ ♪ 432 00:19:54,570 --> 00:19:57,364 Guilty of first‐degree intentional homicide, 433 00:19:57,489 --> 00:19:59,825 as charged in the information. 434 00:20:05,456 --> 00:20:08,000 ‐ If Todd Kendhammer had not taken the stand, 435 00:20:08,083 --> 00:20:10,169 I believe he definitely would have been convicted. 436 00:20:10,252 --> 00:20:12,171 And had they patched up those holes 437 00:20:12,254 --> 00:20:14,506 during his cross examination and been able to explain 438 00:20:14,631 --> 00:20:16,341 all those lies and inconsistencies, 439 00:20:16,425 --> 00:20:18,635 he may have ultimately been acquitted. 440 00:20:18,719 --> 00:20:20,554 ‐ I think Mr. Kendhammer thought that 441 00:20:20,679 --> 00:20:23,390 he could just talk to the jury 442 00:20:23,474 --> 00:20:24,933 and explain that he's a good guy, 443 00:20:25,017 --> 00:20:28,103 and he couldn't have done this, and leave it at that. 444 00:20:28,228 --> 00:20:29,646 ‐ Ladies and gentlemen, the verdict I just read, 445 00:20:29,730 --> 00:20:31,231 if this is the verdict of each of you, 446 00:20:31,356 --> 00:20:33,692 would you please raise your right hand? 447 00:20:33,776 --> 00:20:36,153 ‐ People are not all good or all bad. 448 00:20:36,236 --> 00:20:38,280 None of us are as good as their best day 449 00:20:38,363 --> 00:20:39,698 or as bad as our worst day. 450 00:20:39,782 --> 00:20:42,075 ‐ Well, the court, having heard the testimony, 451 00:20:42,201 --> 00:20:44,119 will accept the jury's verdict. 452 00:20:44,244 --> 00:20:46,580 Conviction on behalf of Mr. Kendhammer 453 00:20:46,663 --> 00:20:49,208 on count one, first‐degree intentional homicide. 454 00:20:49,291 --> 00:20:51,418 ‐ I have no doubt that he did love Barbara, 455 00:20:51,543 --> 00:20:54,254 but those aren't mutually exclusive. 456 00:20:54,379 --> 00:20:56,507 You can be in love with somebody and still, 457 00:20:56,590 --> 00:20:59,301 you know, commit a crime against them. 458 00:20:59,384 --> 00:21:02,262 ‐ Defendants are never forced to take the stand, 459 00:21:02,346 --> 00:21:03,555 but that decision is likely 460 00:21:03,639 --> 00:21:06,475 the biggest one they ever make. 461 00:21:06,558 --> 00:21:08,769 For "Under Oath", I'm Dan Abrams.