1 00:00:24,209 --> 00:00:25,209 Dana? 2 00:00:25,510 --> 00:00:28,430 Yes? Do you have a little bit of time, or are you limited? 3 00:00:28,710 --> 00:00:34,190 Yeah, I do. I sure do. I'm talking on a phone that is part of the law library 4 00:00:34,190 --> 00:00:35,190 here at the jail. 5 00:00:35,530 --> 00:00:37,850 Oh, okay. So let me give you a little bit of background. 6 00:00:41,150 --> 00:00:46,330 I've been a lifelong journalist, and I was first contacted by Eileen. 7 00:00:46,570 --> 00:00:49,450 She wrote me probably over 3,000 emails. 8 00:00:51,180 --> 00:00:55,480 And when the convictions got overturned, I was kind of like, holy shit, I need to 9 00:00:55,480 --> 00:00:58,400 go out to Topeka and figure out what the hell is going on. 10 00:01:00,920 --> 00:01:07,000 All I know really at this point, Joe, is that I just try to stay faithful that 11 00:01:07,000 --> 00:01:08,200 I'm going to get justice. 12 00:01:09,480 --> 00:01:13,720 But I don't know really where you're coming from. Are you investigating me 13 00:01:13,720 --> 00:01:16,400 particularly? What is your scope? 14 00:01:16,700 --> 00:01:18,480 Our project is to... 15 00:01:18,950 --> 00:01:25,790 do a documentary about the dana chandler case okay i don't know what the truth 16 00:01:25,790 --> 00:01:31,710 is i don't know if dana chandler is guilty or innocent what is 17 00:01:31,710 --> 00:01:36,370 inarguable at this point is that something went terribly wrong here 18 00:01:46,510 --> 00:01:50,610 A normally quiet Topeka neighborhood turned into a crime scene Sunday 19 00:01:50,610 --> 00:01:55,450 afternoon. Mike Sisko and Heron Harkness were found dead in Harkness' Southwest 20 00:01:55,450 --> 00:01:56,450 Topeka home. 21 00:01:56,610 --> 00:02:00,630 As the investigation continues, police are looking for clues. 22 00:02:11,970 --> 00:02:15,490 Okay, how else could someone get in that house? 23 00:02:17,180 --> 00:02:22,440 I guess the sliding glass door is what the door is in the back. I mean, I guess 24 00:02:22,440 --> 00:02:26,500 someone could potentially break that. I mean, I haven't been there. I don't even 25 00:02:26,500 --> 00:02:28,880 know what the... There's no damage. 26 00:02:29,220 --> 00:02:30,220 There's no damage. 27 00:02:31,140 --> 00:02:34,840 I've been... I was a prosecutor for a long time. And if I was going to go in 28 00:02:34,840 --> 00:02:39,020 that house just thinking about it, if I was there when they got home and they 29 00:02:39,020 --> 00:02:40,160 went in the garage... 30 00:02:40,570 --> 00:02:44,350 And the last thing, I mean, you know, closing the garage door is the last 31 00:02:44,350 --> 00:02:47,450 thing you do when you walk in the garage into the entranceway. 32 00:02:47,650 --> 00:02:50,330 And I would just stand outside the garage till they walked in the front 33 00:02:50,330 --> 00:02:53,950 door when they closed the garage door and step over that beam and be inside. 34 00:02:54,310 --> 00:02:57,170 Now, whether that's how anybody got in there or not. 35 00:02:57,870 --> 00:03:02,370 Most murders, generally speaking, are committed by someone that you know. 36 00:03:02,670 --> 00:03:08,430 When the obituary came out, we see that Karen's daughter was married to a man 37 00:03:08,430 --> 00:03:09,490 named Jeff Sutton. 38 00:03:10,680 --> 00:03:12,900 Jeff Sutton used to be the county attorney here. 39 00:03:13,400 --> 00:03:17,520 I've often said, if we had never met Jeff Sutton, we would have read about 40 00:03:17,520 --> 00:03:21,880 this tragic murder, and we would have said, pass the raisin bread. I mean, you 41 00:03:21,880 --> 00:03:23,960 know, it's as tragic as it is. 42 00:03:25,160 --> 00:03:28,360 You tell Treebite's fruit, and his fruit was rotten. 43 00:03:30,180 --> 00:03:34,200 There was just something gnawing in our hearts that said we just couldn't let it 44 00:03:34,200 --> 00:03:37,940 go. And the only thing we could do is collect more information. 45 00:03:38,940 --> 00:03:41,840 Violene started putting together the pieces of the puzzle. 46 00:03:42,360 --> 00:03:47,960 He had a history of violence, access to the home, expertise with weapons. 47 00:03:48,540 --> 00:03:52,020 There were a lot more reasons to look at him instead of Dana. 48 00:03:52,720 --> 00:03:57,200 We believe that he's an under-investigated person of interest. 49 00:03:57,340 --> 00:03:58,380 That's the most we can say. 50 00:03:58,780 --> 00:04:03,680 We're just convinced that nobody has really looked at him the way he should 51 00:04:03,680 --> 00:04:04,619 have been looked at. 52 00:04:04,620 --> 00:04:07,940 Everybody believed they got the right person except for us. 53 00:04:09,580 --> 00:04:15,520 Keenan Eileen's case against Jeff Sutton would come to be compiled in a 200-page 54 00:04:15,520 --> 00:04:21,579 dossier, and she gives it the quite spectacular name, Person of Interest. 55 00:04:21,680 --> 00:04:26,180 I'm not a detective or anything, but it really doesn't take one to put the 56 00:04:26,180 --> 00:04:27,180 pieces together. 57 00:04:27,200 --> 00:04:32,980 Exhibit A, Exhibit B, Exhibit C1, Exhibit D, Exhibit... Page after page, 58 00:04:33,240 --> 00:04:34,780 meticulously organized. 59 00:04:36,110 --> 00:04:40,170 Jeff Sutton causes concern over guns. This is when Jeff Sutton was arrested 60 00:04:40,170 --> 00:04:43,550 for throwing a man through a play class window during a bar fight. 61 00:04:43,910 --> 00:04:46,070 Those charges were eventually dismissed. 62 00:04:46,370 --> 00:04:49,510 But then there was the time he practically ran over a construction 63 00:04:49,510 --> 00:04:53,670 worker. She was holding one of those stop signs and he didn't want to wait. 64 00:04:55,230 --> 00:04:59,930 He proceeded to chew her out. He threw a full fucking bottle of Pepsi at her. 65 00:05:00,170 --> 00:05:01,430 She was 61. 66 00:05:03,210 --> 00:05:04,530 I think he's dangerous. 67 00:05:05,200 --> 00:05:07,260 It's a big reason why I've done what I've done. 68 00:05:07,660 --> 00:05:12,720 They posit a motive because Karen Hartness came from a prominent family. 69 00:05:13,560 --> 00:05:15,320 Greed, the oldest motive in the book. 70 00:05:15,720 --> 00:05:19,580 I mean, everybody knows that you look to see who benefited from that person's 71 00:05:19,580 --> 00:05:22,540 death. Karen's dad was a big-time Topeka businessman. 72 00:05:23,240 --> 00:05:24,720 Karen had a trust fund. 73 00:05:25,000 --> 00:05:30,100 This is the home that Jeff and Aaron Sutton owned and actually still own. And 74 00:05:30,100 --> 00:05:32,580 then after the murders, they purchased this one. 75 00:05:33,200 --> 00:05:37,180 He knew Mike and Karen had gone to the casino that night and they'd be back 76 00:05:37,180 --> 00:05:39,060 late, maybe hammered. 77 00:05:39,560 --> 00:05:42,480 He would have had access to the home where the murders took place. 78 00:05:42,740 --> 00:05:44,880 His wife had a key. 79 00:05:45,760 --> 00:05:49,740 I don't say anything about Jeff Sutton that isn't backed up in newspaper 80 00:05:49,740 --> 00:05:51,560 reports or court cases. 81 00:05:51,820 --> 00:05:56,320 Over the years, Pen Pal and Trash Man gave their growing dossier on Sutton to 82 00:05:56,320 --> 00:06:00,100 every law enforcement agency in the state of Kansas. 83 00:06:02,760 --> 00:06:03,900 She got no response. 84 00:06:06,900 --> 00:06:11,520 This is a model of weapon we believe was used to kill Mike Sisko and Karen 85 00:06:11,520 --> 00:06:18,040 Harkness. It's a 9mm Norinco Uzi. To say this was a unique set of armaments for 86 00:06:18,040 --> 00:06:20,860 any killer would be an understatement. 87 00:06:21,120 --> 00:06:22,120 Holy fuck. 88 00:06:22,360 --> 00:06:26,080 You'd have to be a gun nut to find something like this. And that was 89 00:06:26,080 --> 00:06:27,540 exactly what Jeff Sutton was. 90 00:06:28,720 --> 00:06:33,580 Sutton was certified by the ATF to buy and sell high-powered weapons and 91 00:06:33,580 --> 00:06:34,580 ammunition. 92 00:06:35,560 --> 00:06:40,120 Back when he was a prosecutor, he brokered a bizarre deal with the local 93 00:06:40,120 --> 00:06:44,980 sheriff in which he could take confiscated guns from their inventory in 94 00:06:44,980 --> 00:06:47,180 lieu of payment for work on their cases. 95 00:06:47,580 --> 00:06:48,820 It was in the papers. 96 00:06:49,480 --> 00:06:50,880 Here is the lead, though. 97 00:06:51,380 --> 00:06:54,600 Trashman believes one of the guns missing from the local sheriff's 98 00:06:54,600 --> 00:06:57,200 inventory was an Uzi machine gun. 99 00:06:57,740 --> 00:07:02,940 And in fact, a sheriff's deputy told Trashman she had seen Sutton with just 100 00:07:02,940 --> 00:07:03,940 such a gun. 101 00:07:04,120 --> 00:07:07,740 According to police reports, Karen was shot first. 102 00:07:08,380 --> 00:07:10,580 Boom, boom, boom, boom, boom, five shots. 103 00:07:11,820 --> 00:07:18,540 He took a step or two to his left, shot two more times, then several more steps, 104 00:07:18,640 --> 00:07:24,220 and shot Mike as he was between the wall and the bed. No misses. 105 00:07:24,780 --> 00:07:25,780 That's extraordinary. 106 00:07:26,520 --> 00:07:31,540 That would indicate to me the person who shot Mike and Karen had experience with 107 00:07:31,540 --> 00:07:32,540 his gun. 108 00:07:32,800 --> 00:07:37,620 As it happens, the only piece of DNA evidence ever collected at the murder 109 00:07:37,620 --> 00:07:41,200 scene was a single hair burned into a shell casing. 110 00:07:42,220 --> 00:07:46,900 Prosecutors waited until the eve of trial to test the hair, and maybe for 111 00:07:46,900 --> 00:07:47,839 good reason. 112 00:07:47,840 --> 00:07:52,320 The hair did not match Mike, Karen, or Dana. 113 00:07:52,960 --> 00:07:54,920 But perhaps it matched Jeff Sutton. 114 00:07:55,620 --> 00:07:58,240 Keene had a theory that could tie Sutton to that hair. 115 00:07:58,600 --> 00:08:02,420 You see, when you shoot from an automatic rifle, the shell casing spits 116 00:08:02,420 --> 00:08:04,340 out to the right and falls to the ground. 117 00:08:04,940 --> 00:08:08,760 But if you're holding the gun left-handed, well, something different 118 00:08:08,760 --> 00:08:13,840 happens. I wanted to test the theory to see, by shooting left-handed, is it 119 00:08:13,840 --> 00:08:19,220 possible that a hot shell could hit the right arm and pull an arm hair off. 120 00:08:26,280 --> 00:08:27,500 Let me fucking see your arm. 121 00:08:28,120 --> 00:08:29,140 Does that shit hurt? 122 00:08:29,420 --> 00:08:30,460 Yeah, it hurts. It burns. 123 00:08:32,340 --> 00:08:36,080 So a left-handed shooter could theoretically have a casing graze the 124 00:08:36,080 --> 00:08:38,820 right arm, singe a limb hair, and fall to the ground. 125 00:08:42,120 --> 00:08:46,840 But for their Jeff Sutton theory to be viable, Jeff Sutton needed to be left 126 00:08:46,840 --> 00:08:52,600 -handed. And of course, Pen Pal dug up an old newspaper article with a picture 127 00:08:52,600 --> 00:08:55,500 of Sutton signing his oath of office as a prosecutor. 128 00:08:56,160 --> 00:08:58,160 He signed it left-handed. 129 00:09:00,540 --> 00:09:01,900 Nuts? Maybe. 130 00:09:02,460 --> 00:09:05,140 Persuasive? Well, a judge thought so. 131 00:09:05,700 --> 00:09:12,080 Turns out, in the state of Kansas, a citizen can go before a judge 132 00:09:12,080 --> 00:09:17,540 and submit what amounts to an affidavit of probable cause to have some other 133 00:09:17,540 --> 00:09:19,980 citizen investigated for a crime. 134 00:09:20,810 --> 00:09:25,210 Doesn't have to be a police officer, doesn't have to be a prosecutor, a 135 00:09:25,210 --> 00:09:30,210 citizen. Well, let's say Keene or Eileen Umber. 136 00:09:30,650 --> 00:09:35,630 They submitted person of interest as an affidavit of probable cause to get Jeff 137 00:09:35,630 --> 00:09:40,750 Sutton's DNA so it might be matched to the limb hair that had been found on the 138 00:09:40,750 --> 00:09:45,010 shell casing on the carpet of the bedroom where Mike and Karen had been 139 00:09:45,010 --> 00:09:46,010 killed. 140 00:09:46,880 --> 00:09:50,760 Newly released documents show a judge allowed Dana Chandler's defense to 141 00:09:50,760 --> 00:09:54,480 collect DNA evidence from a man who they call an alternative suspect. 142 00:09:54,780 --> 00:09:58,760 Judge Robert Fairchild approved a request from Chandler's defense team to 143 00:09:58,760 --> 00:10:02,440 collect three cheek swabs from one of Harkness family members. The defense 144 00:10:02,440 --> 00:10:07,000 wants to see if the DNA matches a hair found on a shell casing that did not 145 00:10:07,000 --> 00:10:08,420 match Chandler or the victim. 146 00:10:08,880 --> 00:10:11,000 Okay. Okay, Jeff, mark your soft sticks. 147 00:10:12,970 --> 00:10:15,690 I just want to start by saying thank you for coming. 148 00:10:17,110 --> 00:10:23,450 You are a character in a terribly sad, as yet 149 00:10:23,450 --> 00:10:26,370 unresolved murder case. 150 00:10:27,190 --> 00:10:29,170 Does Keen Ember know we're here today? 151 00:10:29,970 --> 00:10:31,010 I'm sure he does. 152 00:10:31,850 --> 00:10:33,010 Is he here today? 153 00:10:33,250 --> 00:10:34,250 He is not. 154 00:10:35,810 --> 00:10:38,290 It sounds like there was beef between the two of you. 155 00:10:39,630 --> 00:10:42,830 He had a beef with me. I never had a beef with him. 156 00:10:43,490 --> 00:10:49,030 He plays a role potentially in you not staying in the office of prosecutor. 157 00:10:49,870 --> 00:10:51,290 You didn't have a problem with that? 158 00:10:53,050 --> 00:10:57,290 Turns out Sutton was the target of some of Trashman's early efforts at 159 00:10:57,290 --> 00:11:02,010 muckraking. He'd gone after him, alleging Sutton had engaged in double 160 00:11:02,010 --> 00:11:06,110 billing and other ethics violations when he was the county prosecutor. 161 00:11:06,720 --> 00:11:10,460 The Kansas Supreme Court censured Sutton for two of the violations. 162 00:11:11,280 --> 00:11:15,780 Keene and Eileen had come to believe that Keene was at risk of physical harm 163 00:11:15,780 --> 00:11:16,780 from Jeff Sutton. 164 00:11:18,520 --> 00:11:24,740 Keene Umber has been carrying his animus towards me for 165 00:11:24,740 --> 00:11:28,500 close to 20 years. 166 00:11:30,680 --> 00:11:33,480 That's not healthy, and that's not normal. 167 00:11:35,340 --> 00:11:41,980 Keene. And his wife, Eileen, have quite publicly put out now for years what 168 00:11:41,980 --> 00:11:45,020 amounts to a prosecution brief against you. 169 00:11:45,680 --> 00:11:49,440 Are there truths in some of the stuff they have in there? There are truths, 170 00:11:49,660 --> 00:11:53,000 right? Have I always done the right thing? 171 00:11:53,300 --> 00:11:57,420 Not always. I'm not proud of that. It just is what it is. 172 00:11:58,680 --> 00:12:04,360 But they're barking up the wrong hole if they... 173 00:12:05,400 --> 00:12:06,880 think that I murdered Karen. 174 00:12:07,180 --> 00:12:13,800 But a judge had found the key numbers affidavit of probable cause was 175 00:12:13,800 --> 00:12:17,520 persuasive. Tell me your reaction to that. 176 00:12:18,700 --> 00:12:25,420 I thought it was comical, in all honesty, because I have zero reservation 177 00:12:25,420 --> 00:12:32,040 that the DNA that they took from me would match anything 178 00:12:32,040 --> 00:12:33,080 at the crime scene. 179 00:12:33,790 --> 00:12:35,830 It's just part of his dog and pony show. 180 00:12:36,990 --> 00:12:39,170 I want to talk a little bit about Mike and Karen. 181 00:12:40,810 --> 00:12:43,070 We were with them all the time. 182 00:12:43,790 --> 00:12:48,190 There was nobody in the world that Erin loved more than her mom. 183 00:12:48,690 --> 00:12:52,610 She has been crushed by this. 184 00:12:53,630 --> 00:12:59,810 And every time it's revisited, it opens the wound, and she just doesn't want it. 185 00:12:59,930 --> 00:13:02,370 This is devastating to her. 186 00:13:04,060 --> 00:13:10,340 Describe the Saturday night, July 6th, you and Aaron and your night. 187 00:13:10,900 --> 00:13:13,580 I was in bed with Karen's daughter. 188 00:13:14,000 --> 00:13:20,100 There can, in my mind, be no more powerful alibi than her saying, 189 00:13:20,360 --> 00:13:26,980 Jeff Sutton was in bed with me. I went to sleep with him. I woke up with him. 190 00:13:27,100 --> 00:13:29,360 I was with him the entire time. 191 00:13:29,640 --> 00:13:32,800 How about the situation Dana Chandler is in? 192 00:13:33,440 --> 00:13:38,900 whose conviction has now been revealed to have been won by a malicious 193 00:13:38,900 --> 00:13:42,040 prosecutor. What are we to feel about her? 194 00:13:43,600 --> 00:13:45,440 She's a damn murderer. 195 00:13:45,680 --> 00:13:47,200 That's what we feel about her. 196 00:13:50,040 --> 00:13:56,300 The prosecution chose to continue to pursue this matter, irrespective of the 197 00:13:56,300 --> 00:14:00,800 other trial, right? She will get her day in court. 198 00:14:04,880 --> 00:14:11,040 Let me do this because I must Jeff Sutton did you kill 199 00:14:11,040 --> 00:14:12,480 Mike and Karen? 200 00:14:13,400 --> 00:14:14,120 No 201 00:14:14,120 --> 00:14:22,420 Could 202 00:14:22,420 --> 00:14:28,600 it not be argued that this 200 pages is simply a circumstantial case 203 00:14:28,600 --> 00:14:33,580 Don't you worry that you're doing to him what you think? 204 00:14:34,310 --> 00:14:37,390 prosecutors and police in 48 hours did to Dana? 205 00:14:37,630 --> 00:14:42,190 Yeah, I actually do. I'm very aware that that's exactly what I'm doing. 206 00:14:43,790 --> 00:14:47,110 But I don't worry about it enough to keep quiet about it. 207 00:14:48,090 --> 00:14:52,810 I have a whole lot more evidence that points to Jeff Sutton, and nobody will 208 00:14:52,810 --> 00:14:53,810 listen. 209 00:14:54,650 --> 00:14:55,970 Nobody will look at him. 210 00:14:58,870 --> 00:15:00,370 Made me cry to say that. 211 00:15:00,810 --> 00:15:01,810 Sorry. 212 00:15:02,920 --> 00:15:09,020 because nobody else is listening nobody's listening nobody cares and 213 00:15:09,020 --> 00:15:15,760 you know i told you i've come to love dana chandler it's not just how 214 00:15:15,760 --> 00:15:20,200 wrong this hall is how so many things have gone right for dana chandler how 215 00:15:20,200 --> 00:15:25,020 the supreme court can reverse unanimously and that's not enough to get 216 00:15:25,020 --> 00:15:28,360 this case dismissed all agencies 217 00:15:29,120 --> 00:15:34,120 locking arms, joining forces to stick with their one theory that Dana Chandler 218 00:15:34,120 --> 00:15:35,120 committed this crime. 219 00:15:37,760 --> 00:15:39,180 It's insane. 220 00:15:39,700 --> 00:15:46,180 How can people be so inhumane? How can they care so much about their careers 221 00:15:46,180 --> 00:15:51,440 and their reputations and care so little for one woman's freedom? How can they 222 00:15:51,440 --> 00:15:55,200 care? Why don't they think about their mother, their sister, their aunt, their 223 00:15:55,200 --> 00:15:58,180 grandmother? How would they like them locked up for nothing? 224 00:16:04,590 --> 00:16:05,329 She's innocent. 225 00:16:05,330 --> 00:16:10,350 They know they've got nothing putting her in the state, in the house, but they 226 00:16:10,350 --> 00:16:12,810 still want to retry her? Shame on them. 227 00:16:17,970 --> 00:16:18,970 Anyway. 228 00:16:21,710 --> 00:16:24,850 The results of Jeff Sutton's DNA swab had come in. 229 00:16:26,230 --> 00:16:31,710 Hidden in a court document for Dana's upcoming retrial was a brief line, but 230 00:16:31,710 --> 00:16:33,270 its effects were powerful. 231 00:16:35,790 --> 00:16:37,870 The DNA didn't match. 232 00:16:40,130 --> 00:16:46,470 For the better part of two decades, the holy grail you guys had been chasing was 233 00:16:46,470 --> 00:16:49,910 to somehow get a DNA sample from Jeff Sutton. 234 00:16:50,110 --> 00:16:55,410 You believed that hair could settle the case. We still believe it. Joe, don't 235 00:16:55,410 --> 00:16:56,109 you understand? 236 00:16:56,110 --> 00:16:59,830 We still believe that hair could solve this case. 237 00:17:00,410 --> 00:17:05,089 Guys, the detective who was leading it had a theory from the get-go. 238 00:17:05,930 --> 00:17:10,109 and closed his eyes to any other evidence that might have pointed him 239 00:17:10,109 --> 00:17:11,109 elsewhere. 240 00:17:11,170 --> 00:17:14,609 Do you worry that you are making that very mistake? 241 00:17:15,250 --> 00:17:19,609 And they focused on Dana Chandler in spite of the fact that they couldn't put 242 00:17:19,609 --> 00:17:23,290 a weapon in her hand, in spite of the fact that she has no history of violence 243 00:17:23,290 --> 00:17:29,190 or any weapons expertise or lived 540 miles away. They engaged in tunnel 244 00:17:29,190 --> 00:17:31,650 vision without any credible evidence. 245 00:17:31,970 --> 00:17:34,830 Our case against Jeff Sutton is based on facts. 246 00:17:35,390 --> 00:17:39,410 An assemblage of facts is not evidence. 247 00:17:39,910 --> 00:17:42,310 It's an assemblage of facts. 248 00:17:42,850 --> 00:17:48,670 Let's just say, because anything's possible, should there come a day in 249 00:17:48,670 --> 00:17:55,250 which satisfactory evidence, new witnesses, a potential confession would 250 00:17:55,250 --> 00:18:02,010 show that Dana Chandler indeed had killed Mike, Cisco, and Karen Harkness. 251 00:18:02,650 --> 00:18:08,410 that what you regard as the impossible, with a lot of good reason, is in fact 252 00:18:08,410 --> 00:18:09,570 true. 253 00:18:11,050 --> 00:18:12,370 Could you survive that? 254 00:18:18,090 --> 00:18:19,230 Okay, are you there, Dana? 255 00:18:19,490 --> 00:18:20,510 Yeah, I'm still here. 256 00:18:20,850 --> 00:18:21,850 How are you? 257 00:18:22,390 --> 00:18:23,390 I'm okay. 258 00:18:24,230 --> 00:18:26,270 Do you feel hopeful at the moment? 259 00:18:27,090 --> 00:18:31,450 I just, you know, I just go through the motions, Joe, at this point. 260 00:18:32,060 --> 00:18:33,700 And we'll see. 261 00:18:35,320 --> 00:18:37,720 But the truth is going to come out. 262 00:18:38,840 --> 00:18:40,880 And I trust and believe that. 263 00:18:48,660 --> 00:18:53,540 If you had told me that I would experience excitement in a Topeka, 264 00:18:53,560 --> 00:19:00,540 Kansas hotel room, I wouldn't have liked my odds. But I think that's 265 00:19:00,540 --> 00:19:01,540 what I... 266 00:19:01,720 --> 00:19:07,660 authentically feel father we pray that your will to be accomplished in this 267 00:19:07,660 --> 00:19:12,620 trial for dana chandler we pray that for each and individual juror would see the 268 00:19:12,620 --> 00:19:19,320 truth tomorrow shortly after noon kansas time the retrial of dana 269 00:19:19,320 --> 00:19:26,200 chandler's gonna begin we pray that after the trial the truth could come 270 00:19:26,200 --> 00:19:30,800 out in full view it'll be a verdict in many ways decided by 271 00:19:31,530 --> 00:19:33,130 Which side tells the best story? 272 00:19:33,910 --> 00:19:36,090 We pray that, Father, in Jesus' name. 273 00:19:37,010 --> 00:19:38,350 It's all in God's hands now. 274 00:19:39,950 --> 00:19:43,190 Everyone's been telling their version of the story going on 20 years now. 275 00:19:44,950 --> 00:19:48,190 Show up and watch the Red Sea cave in on them. 276 00:19:49,490 --> 00:19:53,010 From the moment that Mike Sisko and Karen Harkness were murdered, their 277 00:19:53,010 --> 00:19:55,570 families were telling the story that Dana Chandler did it. 278 00:19:57,260 --> 00:20:01,200 And the umbras were telling their story. No, no, no. It's the son-in-law who did 279 00:20:01,200 --> 00:20:04,660 it. And CBS came and they told their stories. 280 00:20:05,080 --> 00:20:08,360 The local police detectives had their stories. 281 00:20:09,640 --> 00:20:12,540 And I'm trying to tell our story. 282 00:20:13,880 --> 00:20:18,320 One advantage we have is we haven't written an ending yet. 283 00:20:24,360 --> 00:20:25,360 Good afternoon. 284 00:20:26,440 --> 00:20:30,900 You're going to hear evidence that law enforcement made efforts in this case 285 00:20:30,900 --> 00:20:34,880 They tried to collect DNA. 286 00:20:35,260 --> 00:20:37,000 They tried to collect fingerprints. 287 00:20:37,480 --> 00:20:42,000 They tried to collect hair States not going to spend a lot of time on that 288 00:20:42,000 --> 00:20:48,760 case Science is not going to solve this case This case is not based 289 00:20:48,760 --> 00:20:49,539 on DNA. 290 00:20:49,540 --> 00:20:55,680 This case is not based on hair This case is not based on fingerprints this case 291 00:20:56,250 --> 00:21:03,050 is based on jealousy rage and obsession on july 7 2002 dana 292 00:21:03,050 --> 00:21:09,610 chandler was nowhere near topeka let alone kansas she was in colorado 700 293 00:21:09,610 --> 00:21:15,950 plus miles from the harkness residence there is no evidence that she was in the 294 00:21:15,950 --> 00:21:19,510 harkness residence no evidence she was in topeka there's no evidence she was in 295 00:21:19,510 --> 00:21:24,870 the state of kansas the government's asking you because they believe her 296 00:21:24,870 --> 00:21:29,730 conduct is not normal that she must be the killer and they're going to ask you 297 00:21:29,730 --> 00:21:34,850 to find her guilty based on that i suggest to you this is a textbook case 298 00:21:34,850 --> 00:21:40,230 of why we have presumption of innocence the burden is on the government and the 299 00:21:40,230 --> 00:21:45,590 burden is beyond a reasonable doubt thank you counsel and are you ready to 300 00:21:45,590 --> 00:21:48,930 proceed with your first witness we are your honor 301 00:21:50,030 --> 00:21:53,550 So when you looked at the prosecution's witness list for the second trial, it 302 00:21:53,550 --> 00:21:56,370 was the same cast of characters as, you know, round one. 303 00:21:57,050 --> 00:21:59,510 Family members that would talk shit about Dana. 304 00:21:59,970 --> 00:22:04,570 Mike and I took Haley to the soccer game, and Dana showed up. She was 305 00:22:04,570 --> 00:22:07,470 yelling that Mike is a rapist, he raped me. 306 00:22:07,850 --> 00:22:12,870 Mike told me that the patterns of harassment had increased and that he 307 00:22:12,870 --> 00:22:14,750 feared for he and Karen's lives. 308 00:22:15,050 --> 00:22:18,830 What did your mom tell you? She would receive harassing. 309 00:22:21,139 --> 00:22:23,700 constant menacing messages. 310 00:22:24,420 --> 00:22:27,620 She would say things like, Mike still loves me. 311 00:22:27,840 --> 00:22:29,520 She would call her a whore. 312 00:22:30,260 --> 00:22:34,120 Co-workers of Karen who would talk about how scared and beleaguered she was under 313 00:22:34,120 --> 00:22:36,280 a fucking blizzard of phone calls from Dana. 314 00:22:36,560 --> 00:22:40,220 When she rounded the corner, she was just shaking so badly. She was weak at 315 00:22:40,220 --> 00:22:43,600 the knees, and I helped her to her desk, and I said, oh, my God, what is wrong? 316 00:22:43,900 --> 00:22:48,240 She said she had been up all night receiving phone calls from Dana. 317 00:22:48,780 --> 00:22:50,580 And she was very afraid. 318 00:22:50,860 --> 00:22:52,020 She told you she was afraid? 319 00:22:52,220 --> 00:22:53,219 Very afraid. 320 00:22:53,220 --> 00:22:55,140 They have a telephone expert. 321 00:22:55,460 --> 00:22:58,860 I could see multiple instances where Mr. 322 00:22:59,100 --> 00:23:00,100 Sisko's or Ms. 323 00:23:00,280 --> 00:23:06,380 Harkness's phones were called repeated times within a short period of time. 324 00:23:07,080 --> 00:23:09,880 How many calls were made on February 27th? 325 00:23:10,340 --> 00:23:14,680 There were 22 calls between 5.18 a.m. and 5.49 a.m. 326 00:23:16,380 --> 00:23:17,620 There was nothing new. 327 00:23:18,250 --> 00:23:22,630 There was no, you know, smoking gun. There was no dispositive piece of 328 00:23:22,630 --> 00:23:24,270 evidence that established her guilt. 329 00:23:27,330 --> 00:23:32,430 But now, Dana's defense lawyers had in front of them a detective who, by their 330 00:23:32,430 --> 00:23:34,790 lights, had committed perjury in the first trial. 331 00:23:35,230 --> 00:23:37,790 You saw him swear the testimony you're about to give is the truth, the whole 332 00:23:37,790 --> 00:23:39,770 truth, and nothing but the truth, so I hope you got it. I do. 333 00:23:39,990 --> 00:23:43,530 Good afternoon, sir. Would you please tell us your name? 334 00:23:43,870 --> 00:23:44,870 Richard Foley. 335 00:23:46,870 --> 00:23:49,690 In 2012, you were present at the trial. 336 00:23:50,190 --> 00:23:54,790 Yes. Will you tell the jury what a protection from abuse or a PFA is, 337 00:23:54,910 --> 00:23:58,070 please? And you were questioned by ADA Spradling, correct? 338 00:23:58,370 --> 00:24:02,770 Yes. And she asked you about a protection from abuse order, didn't she? 339 00:24:02,950 --> 00:24:03,689 She did. 340 00:24:03,690 --> 00:24:07,690 It's essentially a document provided by the court or signed by the court that 341 00:24:07,690 --> 00:24:11,050 says you are not able to have contact with another person. 342 00:24:11,370 --> 00:24:13,490 The question, did Mike get a protection from abuse? 343 00:24:13,890 --> 00:24:15,550 Did Mike get a protection from abuse? 344 00:24:15,950 --> 00:24:17,190 Yes, he did. Against who? 345 00:24:17,590 --> 00:24:18,590 Against the defendant. 346 00:24:18,950 --> 00:24:19,950 That was your testimony? 347 00:24:20,310 --> 00:24:22,410 Yes. That was not true, was it? 348 00:24:24,810 --> 00:24:26,210 Technically, no, it's not true. 349 00:24:26,730 --> 00:24:28,350 Not technically. It wasn't true. 350 00:24:28,810 --> 00:24:32,330 There was no PFA order signed by a court, was there? There was no PFA. 351 00:24:32,610 --> 00:24:33,790 Right. Signed by a court? 352 00:24:34,230 --> 00:24:35,230 No. Right. 353 00:24:35,330 --> 00:24:36,590 That was not true, was it? 354 00:24:37,210 --> 00:24:38,930 No, that was not true. It was incorrect. 355 00:24:40,170 --> 00:24:44,330 The detective was also asked about his interview with Dana Chandler just days 356 00:24:44,330 --> 00:24:47,430 after the killing, in which she offered up her alibi. 357 00:24:51,710 --> 00:24:58,470 Sergeant Volley, did you ask Ms. Chandler about her whereabouts on the 358 00:24:58,470 --> 00:24:59,470 weekend of the homicides? 359 00:24:59,630 --> 00:25:04,250 Yes, I did. Did she tell you anything about July 6th? Yes. 360 00:25:20,250 --> 00:25:24,950 She had stopped at a King Super grocery store, and she'd stopped at a Target 361 00:25:24,950 --> 00:25:29,030 store, and she had stopped at an AutoZone store. Did she tell you what 362 00:25:29,030 --> 00:25:32,330 she purchased at AutoZone? She said she'd bought a cigarette lighter. 363 00:25:32,650 --> 00:25:35,590 Did you ask her if she made any other purchases at AutoZone? Yes. 364 00:25:36,460 --> 00:25:39,060 She did not mention the five-gallon gas cans to you? 365 00:25:39,420 --> 00:25:40,420 No, she did not. 366 00:25:40,760 --> 00:25:45,220 She said after that was done, she went and filled up her car at a gas station. 367 00:25:45,360 --> 00:25:48,460 Then she said she'd gone home and arrived about mid-afternoon. 368 00:25:49,420 --> 00:25:51,660 I did not know exactly what time it was. 369 00:25:52,760 --> 00:25:56,940 She said she'd stayed at her house, had no guests or phone calls, and that she 370 00:25:56,940 --> 00:25:58,580 turned in about 9 o'clock. 371 00:26:05,740 --> 00:26:11,980 Sunday, July 7th. Did she tell you where she was at on July 7th? Yes. I woke up 372 00:26:11,980 --> 00:26:16,680 around 6 o'clock in the morning, and then she said she'd left in her car 373 00:26:16,680 --> 00:26:21,340 around 10 o'clock and drove west on I-70 through Dillon, Colorado. 374 00:26:22,340 --> 00:26:27,160 She'd traveled to a trail just south of Grand Beach and stopped and went for a 375 00:26:27,160 --> 00:26:28,160 hike on a trail. 376 00:26:28,200 --> 00:26:34,160 She said she hiked for about an hour or two, and that was about 2 to 3 o'clock. 377 00:26:34,560 --> 00:26:35,560 when she got back on the road. 378 00:26:36,480 --> 00:26:40,140 She said she drove to Estes Park on Highway 34. 379 00:26:40,460 --> 00:26:43,960 She didn't stop, rather continued on through there to Loveland. 380 00:26:44,320 --> 00:26:47,600 And then she returned home right between 6 and 7. 381 00:26:49,480 --> 00:26:53,240 You made an attempt to tape record that interview, correct? 382 00:26:53,460 --> 00:26:54,359 That's correct. 383 00:26:54,360 --> 00:26:58,640 the interview is about two and a half hours long is that correct according to 384 00:26:58,640 --> 00:27:02,740 my notes yes right but the tape is only a little less than an hour correct 385 00:27:02,740 --> 00:27:06,620 that's correct and what do i understand your testimony to be that uh it was 386 00:27:06,620 --> 00:27:09,800 discovered that the tape ran out yes okay 387 00:27:15,530 --> 00:27:20,150 We have to rely on your notes or your report. You do have to rely on telling 388 00:27:20,150 --> 00:27:21,150 the truth. 389 00:27:21,530 --> 00:27:27,010 It's kind of a remarkable moment, right? Maybe the most significant interview 390 00:27:27,010 --> 00:27:31,790 they're going to conduct in a case with the woman they believe killed these two 391 00:27:31,790 --> 00:27:36,810 people, and the recording runs to the end of one half of the tape. 392 00:27:37,790 --> 00:27:40,390 They failed to turn the tape over to record. 393 00:27:41,180 --> 00:27:44,740 The rest of her interview is certainly a loss for the investigation. 394 00:27:45,820 --> 00:27:51,500 But within weeks of Dana Chandler's interview with Detective Richard Volley, 395 00:27:51,520 --> 00:27:56,840 in which she lays out her first account of her alibi, she tells a different 396 00:27:56,840 --> 00:27:57,840 story. 397 00:27:58,200 --> 00:28:00,820 Not to the police, but to a friend. 398 00:28:01,340 --> 00:28:06,160 Did you later talk to someone by the name of Jeff Bailey? 399 00:28:06,400 --> 00:28:09,660 Yes, I did. In speaking with Jeff Bailey, did you learn that... 400 00:28:09,900 --> 00:28:14,480 dana chandler had told him where she had been that weekend yes 401 00:28:14,480 --> 00:28:20,980 she told me that she needed fifty thousand dollars which a little 402 00:28:20,980 --> 00:28:26,560 surprising and that asked her why of course and she said she was accused of 403 00:28:26,560 --> 00:28:32,060 the murder of mike and i believe she said the lady lady friend well i asked 404 00:28:32,060 --> 00:28:36,580 her what happened why are you a suspect and 405 00:28:37,760 --> 00:28:40,640 She said she didn't think they accepted her alibi. 406 00:28:41,620 --> 00:28:47,520 I asked her where she was, and she said she was camping in the mountains in 407 00:28:47,520 --> 00:28:52,700 Colorado. I said, well, you're fine. Who are you camping with? 408 00:28:53,160 --> 00:28:54,660 And she said she was alone. 409 00:28:55,400 --> 00:28:59,940 And I asked her where she went, and she said she went around the state, that 410 00:28:59,940 --> 00:29:04,920 she'd gone I-70 west through Glenwood Springs, which would take you through 411 00:29:04,920 --> 00:29:09,240 Vail. and rifle she mentioned, which was west of Glenwood Springs. 412 00:29:09,660 --> 00:29:14,340 She mentioned Craig up in the northwest part of the state, and in Steamboat 413 00:29:14,340 --> 00:29:18,680 Springs, which is east of Craig and Fort Collins. 414 00:29:20,980 --> 00:29:24,540 I asked her where she camped, and she said she slept in her car. 415 00:29:25,340 --> 00:29:28,400 Do you know whether or not she ever told the police where she was at that 416 00:29:28,400 --> 00:29:33,120 weekend? She told me that the story she was giving me was the truth. 417 00:29:33,930 --> 00:29:37,570 but she didn't think the police would believe it, so she'd given them a 418 00:29:37,570 --> 00:29:38,570 different story. 419 00:29:38,930 --> 00:29:40,810 Thank you, sir. I have no further questions. 420 00:29:43,550 --> 00:29:46,510 You've talked to the police at some point in time about this information, 421 00:29:46,710 --> 00:29:47,710 correct? I did. 422 00:29:47,970 --> 00:29:51,690 Did they ever ask you to type up and write out a written statement? 423 00:29:51,970 --> 00:29:52,970 I don't recall. 424 00:29:53,170 --> 00:29:57,370 Right. Have you seen notes in your own writing about what you wrote? Not in my 425 00:29:57,370 --> 00:30:01,550 own writing. Have you seen anything typed up like an email that you typed 426 00:30:01,550 --> 00:30:02,970 about what you recall in 2002? 427 00:30:04,139 --> 00:30:08,360 I don't know. All right. Have you heard a recording played for you about what 428 00:30:08,360 --> 00:30:09,960 you told the police in 2002? 429 00:30:10,660 --> 00:30:15,700 Recording? Yes. I have not. Right. And so what they're asking you to do is 430 00:30:15,700 --> 00:30:19,100 recollect something that happened 20 years ago. Is that fair to say? 431 00:30:19,380 --> 00:30:21,160 Today, that's correct. That's right. Okay. 432 00:30:22,600 --> 00:30:25,480 I think their ambition was chiefly to show what a... 433 00:30:25,760 --> 00:30:29,360 fucked up, sloppy, lazy investigation had been. 434 00:30:29,560 --> 00:30:33,100 They had created tunnel vision very early on that she could be the only 435 00:30:33,100 --> 00:30:39,000 suspect. There was a circumstantial case that had, you know, parts of it fucking 436 00:30:39,000 --> 00:30:40,340 eviscerated. 437 00:30:44,260 --> 00:30:48,560 New at midday, court is back in session for the murder retrial of Dana Chandler. 438 00:30:48,760 --> 00:30:52,120 13's Phil Anderson is live from the Shawnee County Courthouse with what's 439 00:30:52,120 --> 00:30:53,640 taken place so far this morning. 440 00:30:54,190 --> 00:30:58,110 The big news this morning is testimony from Haley Seal, Chandler's daughter. 441 00:30:58,910 --> 00:31:01,030 Good afternoon. Would you please tell us your name? 442 00:31:01,470 --> 00:31:02,470 Haley Seal. 443 00:31:03,030 --> 00:31:06,270 And Ms. Seal, who is Mike Sisko to you? 444 00:31:06,550 --> 00:31:07,550 He's my dad. 445 00:31:08,150 --> 00:31:10,790 And who is Dana Chandler to you? 446 00:31:15,770 --> 00:31:16,770 She's my mom. 447 00:31:17,430 --> 00:31:19,990 Haley, when did you learn that your dad had been killed? 448 00:31:21,070 --> 00:31:22,630 On July... 449 00:31:23,370 --> 00:31:26,650 7th. Did you talk to your mom that night? 450 00:31:26,930 --> 00:31:27,930 Not that night. 451 00:31:28,450 --> 00:31:30,110 When's the next time you talked to your mom? 452 00:31:30,630 --> 00:31:37,630 It was the next day on July 8th. I called her and I said, my 453 00:31:37,630 --> 00:31:40,110 dad and Karen have been shot and killed. 454 00:31:40,810 --> 00:31:47,650 And she said, oh, somebody called and told me that, but I thought it was a 455 00:31:47,650 --> 00:31:48,650 prank call. 456 00:31:49,100 --> 00:31:52,620 And I said, no, Mom, they've really been killed. It really happened. 457 00:31:53,280 --> 00:31:57,480 Were there police officers there when you did that? Yeah. Were police officers 458 00:31:57,480 --> 00:32:00,680 asking you to ask certain things of your mom? 459 00:32:01,320 --> 00:32:02,320 They might have. 460 00:32:02,420 --> 00:32:04,480 I might have you call her just to find out where she's at. 461 00:32:04,880 --> 00:32:06,200 That's what I was thinking about doing. 462 00:32:06,420 --> 00:32:09,240 I really was going to do that earlier today. I just decided. 463 00:32:09,580 --> 00:32:12,000 I'd rather you wait until we were there so I could listen. 464 00:32:12,680 --> 00:32:14,480 Is that okay? That's fine. Okay. 465 00:32:14,880 --> 00:32:19,040 Ms. Seale, do you recall giving a statement to Detective Ole at the Law 466 00:32:19,040 --> 00:32:21,620 Enforcement Center on July 8th of 2002? 467 00:32:21,940 --> 00:32:25,580 Yes. During that video, there was reference to you making a phone call to 468 00:32:25,580 --> 00:32:26,660 your mom. Do you remember hearing that? 469 00:32:27,460 --> 00:32:32,000 Yes. And Detective Ole asked, you know, I'd like to be there for that phone 470 00:32:32,000 --> 00:32:32,859 call, correct? 471 00:32:32,860 --> 00:32:37,400 Yes. And do you recall making that phone call subsequently later that day? 472 00:32:37,680 --> 00:32:40,460 Yes. And do you remember Detective Ole being there with you? Yes. 473 00:32:41,470 --> 00:32:46,330 we'll use the phone here to call so okay but you actually talked to dana through 474 00:32:46,330 --> 00:32:53,170 haley on the 8th of july didn't you yes you asked haley to call her 475 00:32:53,170 --> 00:32:59,930 mom and and talk to her didn't you yes and it was a 476 00:32:59,930 --> 00:33:06,090 25 or 30 minute phone call correct yes you monitored correct yes and 477 00:33:06,090 --> 00:33:11,450 the purpose was to try to get more information about dana wasn't it yes And 478 00:33:11,450 --> 00:33:13,430 Haley was how old at the time? 17. 479 00:33:13,730 --> 00:33:14,730 Okay. 480 00:33:14,870 --> 00:33:20,490 And did you help Haley provide information, like what to ask and what 481 00:33:20,490 --> 00:33:21,610 to say to Dana? 482 00:33:23,050 --> 00:33:26,390 I don't recall. 483 00:33:27,190 --> 00:33:30,010 We've already had the first death notification call, and we failed to 484 00:33:30,010 --> 00:33:31,210 record that, haven't we? Yes. 485 00:33:31,510 --> 00:33:36,190 We had a July 11th interview with her, and we failed to record over half of 486 00:33:36,190 --> 00:33:37,190 that, didn't we? Yes. 487 00:33:37,690 --> 00:33:38,950 And this call here. 488 00:33:39,550 --> 00:33:43,270 It was 30 minutes long, and it was recorded, wasn't it? 489 00:33:44,310 --> 00:33:45,810 I don't recall. 490 00:33:46,150 --> 00:33:47,150 Look right here. 491 00:33:48,070 --> 00:33:50,750 7802. Call with Haley and Dana recorded. Do you see that? 492 00:33:52,670 --> 00:33:55,590 Yes. Where is that tape, Detective? 493 00:33:56,070 --> 00:33:57,070 I don't know. 494 00:33:57,850 --> 00:33:59,010 Have you ever seen it? 495 00:34:00,250 --> 00:34:03,510 I don't know. Did you do a report on this? 496 00:34:03,910 --> 00:34:07,370 No. You didn't even do any notes about what Dana said, did you? 497 00:34:08,830 --> 00:34:09,830 No. Right. 498 00:34:09,989 --> 00:34:15,489 There is no record of you making this call at all except for these questions 499 00:34:15,489 --> 00:34:16,770 you had given to Haley. Is that right? 500 00:34:16,989 --> 00:34:20,770 I don't believe there is. All right. Can you tell us how this important evidence 501 00:34:20,770 --> 00:34:21,770 was lost or destroyed? 502 00:34:22,110 --> 00:34:24,690 I don't know that there was any importance to it. 503 00:34:25,810 --> 00:34:28,130 Well, not to you, maybe. It might be to Dana Chandler. 504 00:34:28,989 --> 00:34:32,270 Because you asked her for 30 minutes. Essentially, you had a surrogate asking 505 00:34:32,270 --> 00:34:33,370 questions about her, didn't you? 506 00:34:34,750 --> 00:34:36,050 Haley was talking to her, yes. 507 00:34:36,510 --> 00:34:41,150 Right. And I asked, or I gave Haley some questions to ask her. And the whole 508 00:34:41,150 --> 00:34:42,830 purpose was to get information from Dana. 509 00:34:43,070 --> 00:34:44,070 Yeah. Right. 510 00:34:44,630 --> 00:34:49,110 One might argue it was lost or destroyed because it didn't help you. Tell us how 511 00:34:49,110 --> 00:34:52,510 it got destroyed. For a cop, working a double homicide of considerable 512 00:34:52,510 --> 00:34:56,310 notoriety in Topeka is one poor record keeper. 513 00:34:56,889 --> 00:35:02,670 It's only their word against hers, and their word seeks to damn and incriminate 514 00:35:02,670 --> 00:35:03,670 her. 515 00:35:03,990 --> 00:35:06,210 So Dana's defense lawyers were doing... 516 00:35:06,430 --> 00:35:10,830 You know, I think a pretty effective job of highlighting the deficiencies in the 517 00:35:10,830 --> 00:35:11,890 prosecution's case. 518 00:35:12,390 --> 00:35:15,990 I think most people had them, you know, ahead on the scorecard. 519 00:35:17,010 --> 00:35:21,190 But then all of a sudden there was an announcement and everybody was like, 520 00:35:21,250 --> 00:35:22,250 what the fuck's going on? 521 00:35:22,710 --> 00:35:26,510 That was a rather surprising development this morning. After weeks of testimony 522 00:35:26,510 --> 00:35:30,810 in Dana Chandler's retrial, the jury has temporarily been dismissed, perhaps for 523 00:35:30,810 --> 00:35:31,709 a few days. 524 00:35:31,710 --> 00:35:35,290 No reason was given for the retrial being in recess for the second day in a 525 00:35:35,290 --> 00:35:36,290 row on Friday. 526 00:35:36,590 --> 00:35:39,810 A sign on the fourth floor courtroom where the retrial is being held said 527 00:35:39,810 --> 00:35:42,270 that the case would be in recess until 9 a.m. Tuesday. 528 00:35:46,410 --> 00:35:50,610 Court is back in session for the murder retrial of Dana Chandler after a five 529 00:35:50,610 --> 00:35:53,890 -day break that included a completely unexpected recess. 530 00:35:54,470 --> 00:35:58,850 What was going on was the latest crazy twist in the case. 531 00:36:02,470 --> 00:36:08,570 The prosecution had announced that it had found a new witness. 532 00:36:11,510 --> 00:36:13,690 Good afternoon. Would you please tell us your name? 533 00:36:14,070 --> 00:36:15,170 Terry Anderson. 534 00:36:16,380 --> 00:36:19,580 There had been previous proceedings in this case, and you were not called to 535 00:36:19,580 --> 00:36:21,120 testify in those proceedings, were you? 536 00:36:21,400 --> 00:36:22,400 No. 537 00:36:23,520 --> 00:36:26,660 I want to ask you about July 6th of 2002. 538 00:36:27,700 --> 00:36:29,560 Did you go home that night to your apartment? 539 00:36:29,920 --> 00:36:34,780 Yes. I went home at 10, and I went out on my deck. 540 00:36:36,040 --> 00:36:38,440 There were fireworks off in the distance. 541 00:36:39,400 --> 00:36:43,120 It's still Fourth of July weekend, so I didn't really think anything of it. 542 00:36:44,090 --> 00:36:48,050 But then a few minutes had passed, and then I heard bang, bang, bang, bang, 543 00:36:48,050 --> 00:36:49,050 bang. 544 00:36:49,790 --> 00:36:50,790 Gunshots. 545 00:36:51,450 --> 00:36:58,090 I saw a movement from off to my left, and I looked, and then I saw a head. 546 00:36:58,890 --> 00:37:00,370 Did you see the person's face? 547 00:37:01,190 --> 00:37:02,270 I did briefly. 548 00:37:05,510 --> 00:37:07,010 Did you know the person? 549 00:37:07,810 --> 00:37:09,730 No, I had no idea who it was. 550 00:37:10,530 --> 00:37:12,750 Do you see that person in the courtroom today? 551 00:37:15,100 --> 00:37:18,280 Yes. I'm going to ask you to point at that person and tell me what they're 552 00:37:18,280 --> 00:37:19,280 wearing. 553 00:37:20,600 --> 00:37:21,600 Okay. Yeah. 554 00:37:21,760 --> 00:37:22,760 Black jacket.