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The search for new clues and their quest for justice. Every cop got that case, the one case that will make you go back in. This is my case. This special edition of nightline, a murder on orchard street, will right back. This is a special edition of nightline. A murder on orchard street. Good evening. Thank you for joining us. Tonight we take you inside an unsolved murder with a homicide detective who is still haunted by the case more than a decade later. A young man was shot and killed on the streets of new york. Abc news was given unprecedented access to the nypd investigation. To you the detective turned to our reporter in hopes of finding new clues and bringing justice for the victims family. Hey, christina. Im just frustrated the way this whole case has been like forever. Anything that needs to get shaken up to get this thing out there and find justice for burke. There was a guy that was killed around the corner last week. On orchard street. Ive replayed that night in my mind millions and millions of times. The Police Department and the Obrien Family are requesting the help of the public in apprehending the perpetrators of a homicide. Its the first thing you think about when you wake up and its the last thing you think about when you go to bed. Ive never known him in life. The first time me and him ever met, hes dead. I was present with a camera 24 7 for every single homicide south of 59th street. Police every day i was looking for him. And every day that person i was hoping was looking over their shoulder, looking for me. Good morning. Its 26 degrees at 6 00. Im lee harris. Police are still looking for clues in the Fatal Shooting of a banker earlier today. 25yearold burke obrien was talking to his former College Roommate after a night out, shot in the chest as he tried to unlock a buildings front door. It was Early Morning hours in january. Burke obrien had come to visit friends in new york. And somebody shot him almost point blank. He wasnt quite dead yet. I grabbed his face. Tried to kind of shake him up, shake him awake. He wasnt conscious at that point, really, i dont think. And so he took his last breath, at which point i started cpr. Andy dietz was a sergeant, Commanding Officer on the scene. He was the kind of gruff, straightup guy who all the detectives respected. Hes saying it was a robbery that a male black and a male hispanic robbed him at gunpoint, shot his friend in the chest. We got independent witness, a male black that happened to be walking down the block, sees the shooting, the actual shooting. He sees two people standing there. Having a conversation of some sort. He cant tell if its arguing. He sees the perp, puts his hand up, hears a bang. At that point he walks down the block, makes a 911 call. Police then show up. He hears a male white talking to the police, telling about how a male black and a male hispanic robbed him at gunpoint, shot his friend in the chest. Taps another officer on the shoulder, thats not what happened. He says, listen, that guys lying, i think he shot somebody. Were pretty certain we got the guy but hes not budging on the story. Burke had said that hes got this friend that he really liked and he was going to be staying at his place. Burke actually wasnt supposed to be in new york. He was planning on leaving to go back down to d. C. But stayed to surprise me. He was a really good brother. He was my best friend in the whole world. Really fun night, we went out to go see some music. We danced, we hung out. We split two cabs. I was in one cab, he was in the one right behind me. We were like dancing a half hour earlier. You know, he was supposed to walk in the door two seconds later. I got a call there was a homicide. I was going to be the lead detective. The story i got was that burke and his friend got into some sort of altercation, over what we didnt know, and his friend pulled a gun and shot him almost point blank. The only people that we know that we can say for sure is a witness is one guy who seemed really credible. Does he see them fighting . No, he tells me theyre talking, when sees these two guys are talking. You got to figure there is an argument for our witness he didnt just pull out a gun and shoot. It seemed wrapped up already. Forrest was the one who pulled the trigger and killed his friend. Right now we have four people here. Two males, two females. Our possible suspect, his roommate, the victims sister, the victims sisters friend. She was going out with the victim at some point. Last night she might have hooked up with the alleged perp. She tells me that she feels she loves the victim, basically became involved in a relationship, she basically describes as oral sex relationship. They never kissed, anything like that. And she indicates that she met forrest for the first time yesterday. The detectives are always looking to tell a story that makes sense. They had what they felt was a clear motive, jealousy. Drinking, jealousy, rage, put that all together and youve got a shooting. Thats where were at. I just had no idea what hit me. My family came as soon as they could. They showed up around 10 00 in the morning. So about six hours later. My daughter raurie called me from the hospital and said, dad, burke is dead. Im not okay, im shock the. I was 19. I was at Colorado State university in my freshman year in college there. I remember that i threw my phone against the wall. I was curled up in a ball in the bathroom when my uncle and my brother tommy came to get me. I just really needed to get to raurie. So i got to her room. And she was sleeping for the first time in, you know since it had happened. I laid with her in bed for a while. She cried. I just tried to hold her. The main goal was to find the gun because that was going to be the breakthrough to everything, it would have dna, it would have everything, because they had the bullet from burke. Steve, are there any dirtballs in this warrant . If we find a gun in the apartment, thats just as good as a confession. Well, we did this whole entire area. Doesnt make sense. Next theory. We got an eyewitness that says this guy did it. Thats clearcut. But the gun, again just because people lie to us doesnt mean were wrong. Im outside, im outside, 75 orchard. Burke, burke, burke, burke isnt it odd he never once said he was shot . By somebody . By somebody. Were going to do this now. My role was to really develop a rapport with this guy. It was something forrest didnt want to tell me. He says theyre getting ready to go into the building. He happens something catches his eye off to his side. He turns around. Next thing you know hes got a gun in his face. He clearly says its a. 45. Most people when they get robbed, especially at gunpoint, they focus on the gun. But they dont focus on the type of gun. They dont focus on the caliber of the gun. That bothered me. Im saying anybody puts a gun in your face, all you see is a battle. Forrest can give you a detailed description of the weapon but can barely tell you what the guy is wearing. Doesnt say nothing about the guy. I cant see it. A lot of times you have detectives who get into telling a story, they hoff telling stories, figuring out how a story works. Several detectives found forrests story difficult to believe that someone who was robbing them at gunpoint wouldnt take that extra second to take his expensive watch. What are you taking . At the time, from what i was watching, i completely believed that forrest was guilty. His story is bull [ muted ]. Manufactured this whole thing about a robbery that didnt occur. We have an independent witness. Theres only two people on the street. Those two people, this kid and the dead kid. Collectively, there was a decision that there was just enough to lock up forrest and charge him with homicide. Relax your hands, relax. Not so anxious that an arrest has to be made right now, i just wish we had something a little bit more one way or the other. Ive made hundreds of arrests before. And in this case, it just didnt feel right. Coming up, the suspect finally speaks. I said this from the very beginning. Im not the story. I didnt shoot burke. And a break in the case is about to prove forrest innocent. How close were you . So when you ran, you ran northbound . If youve got a life, you gotta swiffer feel the power of thenew power. Smax. To fight back theraflus powerful new formula to defeat 7 cold and flu symptoms. Fast. So you can play on. Theraflu expressmax. New power. Then moisturize with isaveeno® skin relief. With oat oil and natural shea butter, it softens and smooths extra dry skin and lasts for 24 hours. Aveeno®. Naturally beautiful results® breathe freely fast wmy congestions gone. I can breathe again i can breathe again vicks sinex. Breathe on. The Energy Conscious whopeople among usle . Say small actions can add up to something. Humongous. A little thing here. A little thing there. Starts to feel like a badge maybe millions can wear. Who are all these caretakers, advocates too . Turns out, its californians its me and its you. Dont stop now, its easy to add to the routine. Join Energy Upgrade california and do your thing. This special edition of nightline continues. Its the first thing you think about when you wake up, and its the last thing you think about when you go to bed. And youre longing for that day where you dont think about it. Put your head a little more back. I said this from the very beginning. Im not the story. I didnt shoot burke. Ill bring your jacket and stuff, okay . The hard part was hearing that burke was gone. And not only am i alone, but theyre also charging me with something that i didnt do. Are you sick or injured . Any medication . Put me in a cell. I never have any idea what time it is. Im just, you know, a guy working every day, i was mugged, now im here. Why me . What he says is the truth, its 100 different than what the witness says. He says theyre getting ready to go into the building, something catches his eye off to his side before i had a chance to pull out my keys or actually open the door, next thing i know theres someone with a gun relatively close to my head. I gave him the change from our taxi. I think i remember saying something like, we really dont have anything else, we dont have any more money, we really dont. And burke said, listen, you dont need to do this. Then the guy was saying back to him, no, you dont need to do this. Burke had taken like a small step toward the gunman, then the guy lifted his gun and fired the weapon. As soon as the shot was fired, they were off. They were gone. Burke andrew obrien. Especially with a homicide, you cant help but personalize this thing. Through the investigation i find out who he is, find out about his family, speak to them. He becomes known to me as a person. I dont know him in life. The first time him and me meet, hes dead. What was the last thing your lawyer told me . If theres something you want to tell us, now is the time to tell us. I told them over and over. Thats when i started to see, okay, they have some crazy idea that i did this. When we left last night, the d. A. Last thing he told me was we had enough to charge. Came in this morning, the d. A. At this point might decline to prosecute. District attorney feels theres certainly enough for an arrest, and an arrest was made, but theres not enough evidence to continue with a prosecution of the case. When the detectives found out that the d. A. Was not going to prosecute, they felt lost for a moment. Because they had felt like they had wrapped this case up. And they had a perp and they were done. Then apartment 3, i got no answer. Apartment 4 right there. Apartment 7 is vacant. Going to go back over to the block and recanvass apartments and see if we can find any new witnesses. There was a shooting across the street, were trying to find out if anybody saw anything, heard anything no, we went to bed early saturday night. We were coming up empty everywhere, we werent finding anybody that gave us any credibility we could use as a witness. It seemed quickly this case was coming to a screeching halt. Seventh squad, detective sylvia, can i help you . Suddenly from nowhere a phone call comes in. Is there any way i can come to your job and speak to you . Hey, christina. Im just frustrated with the way this whole case has been like forever. 13 years later when is kenny reached out to me hoping to get attention for this case again. Because he felt that was the only way to solve it. I wasnt going to do it and he agreed until raurie agreed to be part of it. As it is right now, the two people who killed burke are kind of these faceless, mysterious people who exist out in the ether. The bottom line is were going to need somebody to call us. Somebodys got to know something at some point, you know . Somebody always does. That was just the beginning of our riveting nightline series a murder on orchard street. To find out how this investigation unfolds and what happens with this closeknit family, watch every episode on hulu. The charttopping podcast is also available for download. Well be right back. That cough doesnt sound so good. Well i think you sound great. Move over. Easy booger man. Take mucinex dm. Itll take care of your cough. Fine ill text you in 4 hours when your cough returns. One pill lasts 12 hours, so. Looks like im good all night. Ah david, please, listen. Still not coughing. Not fair you guys waffles are my favorite ah why take 4hour cough medicine . Just one mucinex lasts 12 hours. Start the relief. Ditch the misery. Lets end this. I want ycome on mom t easy. Go slow. Lets go mom slow down for the ones who keep pushing. Always unstoppable. And roomba from irobot gets to work using two multisurface brushes and powerlifting suction to grab and remove everything from fine dust to large debris. Daily dirt doesnt stand a chance. You and roomba from irobot. Better together. Whentrust the brand doctors trust for themselves. Nexium 24hr is the number one choice of doctors and pharmacists for their own frequent heartburn. And all day all night protection. When it comes to frequent heartburn, trust nexium 24hr. Im worried. I have this medical bill. Oll, huh . Dave, you have anthem and they have people to talk to who are empowered to help any question you. Is, is he okay . Real people . Living and breathing. Hopefully not breathing like that. For all the things that keep you up at night, Anthem Blue Cross has a solution. Well its a perfect nespresso hold on a second. Orge. Mmm. [mel torme sings comin home baby] hey there. Want a lift . Where are we going . No dont tell me. Let me guess. Have a nice ride. How far would you go for coffee thats a cup above . I brought you nespresso. Nespresso. What else . What if Home Security was different . What if it looked different . What if the measure of working, was that you never had to think about it. What if it was so easy to use, you actually used it. [alarm] you have 3 minutes to exit. What if it gave you time, and what you really need from Home Security. A sense of security. The story you heard tonight is just one of many thousands of unsolved homicides. Over the last two decades, at least 100,000 American Families have been left to grieve like the obriens, without answers. But very often just one tin can help. If you happen to know anything that can solve this case or any other, please do your part to help bring justice to a family in need. Watch the full series of a murder on orchard street on hulu now and help solve this murder. Thanks for watching abc news. As always were online at really . Really . Really . Really . Really . Really . See zero in a whole new way. Get zero down, zero deposit, zero first months payment, and zero due at signing on select volkswagen models. Now with the people first warranty

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