Every one of them. Reporter seven teens, convicted. One says hes innocent. You dont have to believe me. Look at the facts in this case. Reporter now were doing just that. Tracking down witnesses he was shaking. He started crying. He started crying. He started crying. He started crying. Reporter revisiting evidence. The most emotional day was reading the letter. Reporter is he telling the truth . Or lying to win his freedom . You made it up, reporter were out. This is a perry mason moment shes a surprise to everyone. Im lester holt and this is dateline. Point. City, and transformed it, where does the truth live . Does it live in what this Police Station . All i saw him was knife out. Reporter or what was seen on this subway platform . Clearly she sees one person that she recognizes. Reporter does it live in this courtroom . You made that up, didnt you . No. Reporter or is the truth locked up in this prison . This is my cry for justice. Reporter tonight, youll hear a judge decide where the truth will prevail. Times square bustling with tourists vibrant and safe, except it wasnt always like this. Twentyfive years ago, new york was in turmoil. Crime was out of control. And then came the moment new yorkers said enough is enough. A murder of a young tourist on a manhattan subway platform, just a few blocks from where im standing. Its a murder that would have consequences for this city, and one man, for the next quarter century. It was labor day a sunday. Tournament was in full swing and of tourists had come to new york to see it. Brian watkins, a College Student and tennis player from utah. He was there along with his family. They were avid tennis fans. Thats why they were here. Reporter journalism professor and writer, bill hughes, has years. The tennis games were delayed that day, so they they were out a bit later than they expected. Reporter as the Watkins Family headed out to dinner about 9 30 p. M. , hughes says they made a fateful decision. They coulda took a cab, but they got on the subway. And thats where everything changed . Thats where everything went south. Reporter as brian and his family headed into the 7th avenue subway station, a train pulled in, unloading dozens of teenagers all headed to a nearby dance club. Its mayhem, you know. Theres kids all over, but they exit the subway station. A small group of six to eight congregates near the top of the subway station on the sidewalk. Right. One of the guys id, were gonna grab a wallet. Reporter the group of teenagers went back downstairs, where brian and his family were waiting on the platform for their train. They spot the Watkins Family standing right about here, and then bam, they come out screaming and hollering. Mr. Watkins is grabbed and knocked to the ground and punched. Hes slashed with a box cutter. His wallet is torn out of his pocket. Mrs. Watkins is grabbed from behind, hunched over and someone kicks her in somebody yells, we got it, lets go. Reporter as the group took off, Brian Watkins ran after them. One of the attackers, gary morales, had a knife. He realizes brian is right behind him. Right, if youre brian, im morales, he goes like this. Swings. And then runs up the stairs. Reporter brian was stabbed and soon collapsed. Can you send an ambulance to 7th ave . Reporter within started coming in. A payphone frantically pleading for help. Reporter Brian Watkins died on the way to the hospital. He was just 22 years old. They were the targets of young killers. Reporter a tourist was stabbed to death brian waktins was stabbed. How would you describe the media reaction to this murder . Almost inducing a wave of panic. It is the terror of life in new york city. No one is safe from random violence. Reporter new york in 1990 was a city under siege. The worst year of crime in the citys history. Reporter twenty five years ago, the man responsible for policing the Transit System was bill bratton. It was a terrifying time. There was no denying that crime was out of control. Reporter bratton is widely recognized as one of the nations top cops. Hes run the Police Departments of americas two largest cities. Today, hes on his second tour as new york citys Police Commissioner. But just to put it in perspective, the murders of 1990, compare that to other years. There is no comparison 1990 2,243. Last year 333. Im damn angry. Of course i am. Reporter beginning with then mayor david dinkins. Headline around that time dave, do something, meaning dave do something about the horrific crime rate. And the Brian Watkins stabbing was an accelerant that was added to that whole fear. Minute you got that call, did you know immediately this was going to be a big one, theres going to be a lot of press on this . Sure. And also the idea of the nature of the attack, the wolfpack. Reporter wolfpack. It was the name the media had recently given to another group of teenagers who just the year before were arrested for brutally attacking a jogger in central park. Bratton says Law Enforcement had a strategy in dealing with these socalled wolfpacks. Reporter and thats exactly what police were doing in the watkins case. Within 24 hours, they had a group of teenagers in custody. But bratton says the impact of Brian Watkinss murder on new york didnt end with those arrests. Well, it was a seminal case for me it. Reporter the day after the murder, bratton received a call from the governors office, offering 40 million to help fight crime. Of the seven men sent away for this crime, one says he alone is unjustly paying the price for the murder that commissioner bratton says changed new york city. I had no involvement in this crime, so its very, very important to me cleared. Just about anywhere you use sugar, you can use splenda. No calorie sweetener. Splenda lets you experience. 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But he insists hes innocent. I had no involvement in this crime, lester. Im the only one thats claiming innocence. Reporter so what is Johnny Hincapies story . To find out, i went to speak with him at new yorks fishkill correctional facility. Hincapie took me back to the night of the crime. He had recently turned 18 and was on his way to a cantmiss event, a party at the roseland ballroom in manhattan. There was a very popular d. J. Who was throwin a Birthday Party for himself, and everybody just wanted to be there. Reporter he explained that he and as many as 50 other teenagers took a subway, all headed to the same club. And how when the train arrived he went upstairs to the street, where he lost sight of a friend who was holding his money. He says he couldnt carry his cash because jeans he was wearing. They had numerous pockets on them but you couldnt really put your hands in them. Reporter so he said he went back down into the station to look for his friend. As im goin down, i start hearing some screaming. And when i got to the bottom, i see a crowd of people running toward me. Reporter did you have any idea what was happening on the platform . No. Reporter he said thats when he turned around and ran back upstairs to the street where he saw his friend. He asked me what was going on. And i told him, i have no idea but something seems to be happening over there. Lets just go to roseland. Reporter he says he danced until the wee hours, got a ride home, and slept in. The next day, hincapie and the rest of new york city awoke to a huge story. Police lineups are still being conducted inside the stationhouse as they have been through most of the day. That was the first time i found out that something had happened. Reporter he claims he didnt think much of it until later that night, 24 hours after the murder, when detectives knocked on the hincapies door. And they say, we need to see your son because we would like to ask him a question. Reporter hincapies mother maria says she asked the detectives if her son needed a lawyer. They say, how old is he . And i say, he just turned 18. So they told me, he doesnt need a lawyer. The police told me, he doesnt need a lawyer. Reporter hincapies father carlos says he was shocked. He says johnny was a great kid literally an altar boy. Reporter had he ever been in trouble with the law before . Never, never, never. Reporter traffic ticket . Never. Reporter nothing . Never. Reporter that was about to change. Hincapies son to the what johnny didnt detectives had spent the past 24 hours working the case, and already had six suspects in custody who confessed. 17yearold gary morales admitted he was the one who stabbed brian watt kins in the chest. One gave him hincapies name and two others agreed. But another suspect said no, he was not there. They all need eded mon sni. No. Johnny and kevin left. Still, detectives wanted to find out for themselves. They placed me inside of a room. There was a detective, who was laying down in one of the bottom bunk beds smoking a cigarette. Hincapie says he told the detective exactly what he did that night, but the detective didnt believe a word of it. He called me a liar. And he said that he had all my friends in another room. He knew what happened. Reporter and then what happens . Hes blowin smoke into my face from the cigarette that hes smoking. He slapped me in my face. He pulled my hair. And he kicked me right down to the floor. Reporter what is he saying to you . And and what are you saying back . I mean, you tell me you didnt do this crime. So im assuming that you were very forceful in your denial. Im telling him, listen, im innocent. I just told you that i just saw it on the news for the very first time. Reporter hincapie says thats when the detective offered him a way out. He just said, listen, if you really, really wanna go home, all you gotta do is just memorize a story that i want you to say. Ill have you driven home immediately. Reporter you believed him . Yes, i did. Reporter hincapie says the detective led him to believe he was a witness, not a suspect. So in my mind im thinkin that if im a witness and i have to say that, yeah, i knew somebody had a knife and this is what i have to say to go home, then im gonna do that. Reporter and thats what he did. Hincapie sat in front of a video camera, and told a story that he says was scripted for him to an assistant district attorney. So it was a plan that all of you made to get some money to go to roseland . Yes. And were you part of that plan . Yes, i was. I said, okay, thats it. Its over with. Its done with. Im outta here. Reporter hincapie didnt know, but he had just written his arrest warrant. His confession was all Police Needed a confession he gave to them three hours after he was picked up. Reporter its not like you were in that Interrogation Room for hours and hours and hours. Well, to me it was a long time. I was scared. Reporter under the law, hincapie and the six others were equally responsible, even though only one actually stabbed Brian Watkins. Hincapie never went home again. And so for the past quarter century, his mother maria has made the same twohour journey every other week since her son was sent away. Its been very hard because its been 24 years, 24 birthdays, 24 christmases. Reporter when she arrives, the ritual is always the same. Same room. Same tables. Same long wait. Finally, he appears. Hows everything, how was your trip . Very nice. Reporter they say their visits are heartbreaking for both of them. How . How you been able to hold on so all these years . Its been too many years. Dont cry mommy, dont cry. Reporter but maria says shes been crying out, pleading for anyone to listen from that very first day her ordeal began. I wanted to scream to the world, and tell the world my son is not guilty. Please, help me. Reporter little did she know, help was i love you, okay . 3 f2 te amo. But will he talk . He was shaking. He was visibly nervous. He started crying. When dateline continues. Well mcdonalds has thrown away those rules and opened a new world of possibilities. Now, youre free to start enjoying the breakfast you love any time you wish. No way. Yes way. Introducing mcdonalds new all Day Breakfast menu. Once, you changed how you ate breakfast. Its time to start changing when. Dont miss kohls 3 day sale. Buy more save more take an extra 15 off. Spend 100 or more and take an extra 20 off go to kohls. Com to download your savings pass. Get your move on, ends sunday. Nothing like a good, quick meal to bring two people together. Campbells skillet sauces. Ready in under 20 minutes. Campbells. Made for real, real life. Ya know, viagra helps guys with erectile dysfunction get and keep an erection. Talk to your doctor about viagra. If your heart is healthy enough for sex. 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Cellular and we guarantee well beat the price on your current verizon or at t plan. Thats right, guaranteed to beat. Plus, right now well give you a 150 promo card when you switch. Dont let your next mistake be missing out. Switch to u. S. Cellular today for a price thats guaranteed ive been up and down throughout this whole incarceration. Reporter Johnny Hincapie is serving his 24th year behind bars for the 1990 murder of a young tourist on a subway platform in manhattan. His own words sealed his fate. So you could see that it was a knife . Yeah. Reporter anybody looking at it, it sounds like youre agreeing with it. That this is the story. But it wasnt. Reporter but a jury convicted him and over the years, hincapie couldnt get a court to hear his case again. When all my appeals were finished, i literally got down on my knees, lester, and i told god, i dont wanna be here anymore. I dont wanna live. Reporter and then one day 16 years into his prison sentence a reporter heard about hincapies claim of innocence. I covered crime. I got a lot of letters from Prison Inmates sayin they were innocent. I never believed any of them. Reporter it was bill hughes. Met with johnny, listened to him for a couple hours. And i didnt believe him. I saw his confession and i thought he was guilty. But i read the transcripts. I started to look into it. Reporter one of the first things he did was reach out to the other men convicted of this crime who were all still in prison. I interviewed gary morales, who actually stabbed Brian Watkins. I interviewed emiliano fernandez, who slashed mr. Watkins. And both admitted they were involved and both said johnny was not. Reporter hughes also watched the original interrogation videos and for the first time, he saw how that other suspect told cops that hincapie and another teen were not at the crime scene. And they all needed money . No, johnny and kevin left. Reporter hughes was intrigued especially when he heard the suspect say a second time that hincapie was not involved. So there were eight no, there were six. There were six . Yeah, because the two of them left. A tape hincapies jury never saw. Investigated it, the more i came to believe tellin me the truth. There is not a shred of forensic or physical evidence. But he confessed. Not after 15 days of interrogation, but after several hours. Yeah, like most people you cant possibly fathom admitting you did something you did not do. Does that. Nobody would think they are capable of doing it, but the truth is a skilled interrogator could probably get you or i to admit we kidnapped the lindburgh baby. Reporter in the summer of 2010, hughes wrote an article about hincapies story for a magazine called city limits. I published an article on the 20th anniversary of the murder and nobody really cared. Reporter and the years continued to pass. Lester, weve been in prison with johnny for 24 years. Reporter alex is johnnys younger he was 15 when johnny was arrested. I pray for my brother every single day. We all do. Reporter like his parents, he never believed his brother was guilty. It was just a shock to all of us. Just watchin my parents, what they went through it was heartbreaking, especially my dad, goin into my brothers room, kissing the pillow at night. Thats been in my memory for many years. Reporter johnny . So this is home . No, i wouldnt call it home. My home is with my family on the outside. Reporter how old are you, johnny . Im 42. Reporter youve spent more than half of your life behind bars . Yes. Its terrible. Being separated from your family. Thats probably the worst thing. Reporter throughout his incarceration, hincapie has been a model prisoner. Hes been involved with an inmate theater program. I dont know, ive been tired lately. Reporter and he took College Courses offered at the prison, which is where he met a man by the name of bob dennison. He said, i dont know if you know anything about my case. And once he started, i said, of course i do. Everybody knows about the case. Reporter dennison is the former chairman of new york states parole board. He showed me the article that bill hughes had written about him. Reporter did he tell you he was he did. He told me he was reporter and you rolled your eyes, thinkin no, i reporter yeah . Yeah, i did. But somethin about john reach out to hughes. And all of a sudden, hincapie had a former parole commissioner and a reporter teaming up to reinvestigate his case. We laughingly referred to ourselves at the white irish guy gumshoe squad. We were pounding around queens looking for potential witnesses. Reporter after nearly a year of searching, they found one. A man who said he knew the truth about Johnny Hincapie. We sat down in his kitchen, and he was shaking. He was visibly nervous. We sat at his table and he started crying. And he took out a napkin, and he drew a map of the subway station and he remembered as if it was clear as a recent event. Reporter they knew what this witness told them, if true, was a bombshell. But neither dennison nor hughes is a lawyer so they got in touch with one new york citys well known civil rights attorney ron kuby. They said look, we know theres no money to pay you. But hes an innocent guy, would you take the case . So i said yes. Reporter kubys first task was to talk with that witness. His name is luis montero. Luis montero offered proof that johnny did not commit the crime. Reporter would the court agree . Luis montero is about to tell a harrowing story. I heard screaming. Did you see him go on to the platform . Reporter also ahead it was a mystery and we need to figure this out, fast. Reporter shes a detective with distinction. Here you are with your pink handcuffs. Reporter pink handcuffs and a white hot passion for would she use them to cuff a killer . Line. 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Or. You dont. New poise impressa bladder supports help stop leaks by supporting your body in just the right place. See why nine of ten women said their bladder leakage reporter the mystery of what happened on this subway platform so long ago took a new twist with a new witness named luis montero. This is a three level subway station. Reporter montero had been in the subway station during the crime and told attorney ron kuby a story that backed up Johnny Hincapies account of the night Brian Watkins was stabbed. Montero establishes not only did johnny not participate in the attack, he could not have participated in the attack. Reporter and thats established by what luis saw from where were standing. Thats right. Reporter based on monteros story, kuby filed a motion for a new hearing, and 24 years after he went away, hincapie got his wish a Manhattan Supreme Court judge agreed to reopen his case. People of the state of new york vs. Johnny hincapie. Reporter in february of 2015 the hearing was called to order. For this proceeding, the burden was on hincapies attorneys, ron kuby and his cocounsel leah busby to convince judge Eduardo Padro that hincapies conviction should be vacated. Reporter leah, whos your first witness . What is it you . You need to prove . Luis montero was the first witness, and he was there to prove that he saw johnny at the time the crime took place, and johnny wasnt there. How long had you known mr. Hincapie . Maybe a year, give or take. Reporter montero testified he was also on the subway headed to the dance club. What was your relationship with mr. Hincapie like . We knew each other but we didnt know each other that good. They havent seen each other or spoken since then. To understand monteros story its important to understand how the subway station is laid out. The platform level is where the trains come in and where the crime took place. One long flight up from the platform is whats called the turnstile level and then a final set of stairs get you to the street. Montero says that hincapie was not on the platform when the crime happened, but one flight up on that turnstile level with him. What did you say to each other . He asked me for this other guy that came in, if i seen him. Reporter montero testified about specific details that matched hincapies version of events. He was looking for the other guy because he supposedly had some money for him. Hincapies story, montero said hincapie began going down this up escalator which kuby says wasnt working at the time seconds later, montero says, something caught his attention. All of a sudden i hear commotion, screaming. Reporter montero said thats when he saw hincapie turn around and run back up. If true, it means hincapie could not have been near the crime scene. Did you see him go onto the platform . No. Reporter so why hadnt montero come forward before now . Kuby says montero was terrified because as it turned out he had been wrongfully accused of this very crime. He was held in jail for 18 months awaiting trial on this crime. He was identified by a member of the Watkins Family and then they realized that watkins was not sure and 18 months later, they say to luis montero, gosh, wrong guy, sorry about that and they turned him loose. Reporter but to kuby perhaps the most compelling part of monteros testimony is how he says detectives tried to coerce a false confession from him. The very same thing hincapie says happened to him. They just started to hit me, around the kidneys and slapped me every time i said something they didnt want to hear. They just hit me. Thats when the nightmares started. Reporter but montero never cracked and maintained his innocence kuby argued to the judge that what montero and hincapie say happened to them was easy to believe. That they were just two of many innocent people swept up by police at a time in new york history when crime was out of control simply in the wrong place, in the wrong era. Weve done some terrible, terrible things to innocent people in the course of fighting crime. Reporter case in point, kuby argued the central park jogger case. That other socalled wolfpack. Just like hincapie, those five teens had also confessed on tape but they were exonerated in 2002 after dna cleared them. Defense now calls Johnny Hincapie. Reporter now, the time had come for hincapie to tell his story, under oath, on the witness stand, something hincapie says his original Trial Attorney advised him not to do. I wanted to take the stand. He told me that the District Attorneys Office would basically just walk all over me because i had confessed. Reporter he testified about how he left the station and went back down to look for his friend who was holding his money. I gave him my wallet complete with all my money. Reporter and for the first time in a courtroom he accused police of coercing a false confession from him. He slapped my face. He grabbed me by my hair. Reporter hincapie said he even had proof that he tried to recant his confession almost immediately. Jailhouse letters, including one letter dated two days after his arrest telling the same story he tells today. Please believe me, please talk to the judge and tell him that i am telling the truth, that the detective told me to say everything. Is there anything else that youd like to add . I was just 18 years old when this happened and i never had a chance. I never had an opportunity, your honor, from the moment that i was arrested. Not one chance. Reporter as the prosecution got ready to present its case hincapies mother, maria, leaned on her faith, as she has from the beginning. You know, we been separated for 24 years. I pray to god that johnny will be exonerated, and we will be finally together. Reporter coming up, a witness contradicts a key element to johnnys story. How do you respond to that . Reporter then a lastminute twist could upend the whole case. Shes a surprise to me. Shes a surprise to everyone. Reporter when dateline continues. I know. Its so frustrating. Theyd be a lot happier with the capital one venture card. And you would, too why . Its so easy with venture. You earn unlimited double miles on every purchase, every day. Just book any flight you want then use your miles to cover the cost. Now, thats more like it. Whats in your wallet . Lowes presents how to save energy wow. Insulating the house made our heating bill really small. How small . Tiny. Now get 20 off all instock batt and roll insulation. Does your makeup remover take it all off . Every kissproof, cryproof, stayproof look . Neutrogena makeup remover does. It erases 99 of your most stubborn makeup with one towelette. Need any more proof than that . Neutrogena. 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Reporter and that in all these years montero never once mentioned seeing hincapie at all that night and that monteros wrongful arrest gave him a motive to lie. Your experience in this case dating back 20 plus years, you are angry about it, arent you . I am not angry about it, i am just scared. You are still yes, you kept me innocent for 18 months, you think i am not going to be scared of you guys . I am petrified of you guys. You know, i cant even look at you guys. And youre angry, arent you . No, im not angry. Im scared of you. Reporter prosecutors had their own witnesses to discredit hincapies story who did not want us to record their testimony remember that friend who hincapie said was holding his money that night . I gave him my wallet complete with all my money. Reporter that friends name is Anthony Nichols and he testified that hincapie never gave him any money to hold. Looking for Anthony Nichols is supposedly the whole predicate for the defendant going back into the subway station or going down to the platfrom. But mr. Nichols says, didnt happen. I asked ron kuby about that. That friend tells the prosecution that johnnys lying. He never gave him money. How do you respond to that . Right, well that friend also told ms. Busby admitted on the stand he told miss busby that he just didnt remember. Reporter hurley argued to the court that hincapie was lying about something else. He says the escalator that hincapie says he ran down was working just fine and it was moving up, not down. He made the ridiculous claim, he went down the up escalator. Reporter but perhaps the most dramatic part of the hearing was prosecutor hurleys crossexamination of Johnny Hincapie himself. Hurley argued that hincapie was making up the whole story about falsely confessing. And it is the first time that you have ever alleged to a court that your confession was coerced by detective casey physically abusing you and making you memorize a story. Is that correct . Correct. The detective wasnt called to testify, but we tracked him down. And he denied ever abusing hincapie. Reporter hurley moved on to that letter. Please believe me. Please help me. Reporter the one hincapie says he wrote to a lawyer two days after his arrest. Hurley argued it wasnt really written back then. The date is on the letter. The date 1990 could have been put in 2011, right . No. Reporter and that it was conveniently addressed it to an attorney who is now dead. In fact you waited for him to pass away to forge that letter to him, didnt you . Not at all, sir. Reporter prosecutor hurley also ridiculed his story out being coerced into confessing by an abusive detective. He was wearing a tshirt, smoking cigarettes, right . Yes. Like some evil movie cop . Yes. You made that up, didnt you . No. Reporter hurley argued that hincapie knew details about the crime not because he was coerced, but because he was there. They said, lets get paid. You heard him say, lets get paid . Yeah. You know they said that because you were there and it was true, right . It was not true, mr. Hurley. You were there, and knew it was true, right . No it was not. Reporter the prosecutions case was over. Hincapies fate was now in the hands of the judge and thats when ron kuby got a phone call. A new witness came forward who had never spoken to anybody before. This is your surprise witness . Total surprise. Reporter this is your perry mason moment. Shes a surprise to me. Shes a surprise to everyone. Reporter after a quarter century, his fate. Discover card hey so im looking at my bill and my fico Credit Scores on here. Yeah we give you your fico credit score. For free awesomesauce the only person i know that says that is. Lisa . Julie . 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And ask if oncedaily movantik is right for you. If you cant afford your medication, reporter witness testimony had just ended in Johnny Hincapies hearing when his attorney ron kuby notified the judge of an unexpected development. Amazingly enough, during the course of forward, a young woman named mariluz santana. Reporter santana told kuby she had recently read an article about hincapies court hearing. And she realizes, oh, my god. Hes still in prison. I cant believe it. Reporter santana said she knew hincapie from her neighborhood and was on the subway that night, headed to the dance club, and saw the robbery unfold. So shes standing here. She sees them surrounding the Watkins Family. And at that point, she starts to flee. Reporter as she ran past the attackers, she said she saw them all, and is certain hincapie was not one of them. Reporter she said when she heard the news of hincapies arrest back then, she even told her mother he was innocent, but santana says she was afraid to come forward. Reporter so mariluz remained silent . Silent. Completely silent, except for telling her mother. So she doesnt get involved, but shes figured, well, you know what. Johnny wasnt there. The police will sort this out. And she sort of forgets about it. Reporter but now, 25 years later, santana took the stand, but didnt want us to record her testimony. Prosecutors attacked her credibility, pointing out santana was convicted of a drug charge back in the 1990s. And they argued just because she didnt see johnny, doesnt mean he wasnt there. Reporter is it not possible she just missed seeing johnny in the confusion on the platform, that he was there, and she just didnt notice it . Absolutely impossible. She saw all of the attackers. She knew what johnny looked like, and johnny was not among them. Reporter it would now be up to judge decide a case that brought up critical questions about Police Conduct in a different era. I asked nypds current commissioner bill bratton about that as everyone awaited the judges decision. Reporter given the climate in the city, the climate of fear and political pressure, was there pressure on detectives to just cast a wide net in the in these highprofile crimes . I dont think so. In the sense is there pressure . Certainly. But as to the idea to go over the threshold, you cant break the law to enforce it. Reporter so does he think the police crossed that threshold with Johnny Hincapie . Reporter if the court exonerates him, would you have different views on the watkins case . I dont have enough intimacy as to his particular case. I have no reason to not be supportive of the police investigation. Reporter two weeks ago, the day came for judge padro to announce his decision. Hincapies family and friends, along with the media, filed into Manhattan Supreme Court to learn his fate. In a packed courtroom, hincapie was clearly anxious as the judge began to read the decision. Under the newly discovered evidence, the court does find the defense has born the burden of proof. The court is going to set aside the convictions. Reporter the judge threw out hincapies conviction. In the decision, the judge said hincapie failed to prove that he was actually innocent, but the judge did find hincapies witnesses persuasive enough to grant him a new trial. But that didnt mean hed walk free just yet. Prosecutor Eugene Hurley asked the judge to send hincapie back to prison while the d. A. s office considered its options for appeal, and whether it will retry him. We ask that the defendant be remanded. Reporter ron kuby was steaming. Lets not ignore that mr. Hincapie has been incarcerated for 25 years, 1 month, and as of today, 3 days. Hes made a quarter century liberty down payment. Reporter the judge ultimately agreed to release him on a token 1 bail. The court will allow him please, please, come to order. Reporter hincapie and his family were overcome with emotion. He was led away to be processed for release, but that would take nearly six hours. Downstairs, his mother maria waited. A quarter century ago, she stood in nearly the same spot, in shock after her son was convicted of murder. Now, here she was again. This time with her family and a crush of her sons first steps into freedom. Two brothers, separated as teenagers, now reunited as middleaged men. There were two other men among the crowd who hincapie wanted to find. Bill hughes and bob dennison, the selfnamed irish guys gumshoe squad who launched his journey to freedom. I owe tremendous, tremendous love, energy, gratefulness to these two individuals. Welcome home, johnny. Cheers, cheers. Im so happy youre home. Wow, this looks good. Reporter his first meal . Stuffed filet of sole. His 20yearold niece selfie. Its a thing now. Reporter who was born when he was already in prison, introduced johnny to his first selfie. How are you doing . Overwhelmed. Reporter we stepped outside to talk about what his first hours of freedom were like. Ive been thinking about how beautiful it is to be free again in new york city. Watching the cars go by, the lights in the tree. Its a lot of nostalgia, you know, and im grateful for it. Reporter so where does the truth live in this story . Look at the sky up there, johnny. I know. Reporter for Johnny Hincapie, it lives in this moment. You gotta love it at the end of the day. You know, this is a dream come true. Reporter and one thing is for sure the city he now rejoins is much different, and much safer, than the one he left behind 25 years ago. In the end, the Police Commissioner says that has a lot to do with what happened on that subway platform. I truly believe young man was the propelling catalyst for the new york miracle that weve experienced the last 25 years. And now our second hour of dateline. This centers on a young woman who vanish vanished and a community who reached out to us to help. It was rough. It was a rough time for the whole community. Reporter it hit her town like a lighting bolt the strange disappearance of carrie olson. It was scary. Everyone loved carrie. It was so painful. You reached out to dateline . I did. Yes, we started getting people following our page. Reporter where was she . What was behind this . Far from home, a lead. I saw the tattoo, and i said, thats her tattoo, isnt it . Reporter and three caughtoncamera clues someones in her car someones at her bank but most jawdropping of all . Someones up on stage, with a song turned sinister. I couldnt believe what i was hearing and seeing. Reporter could karaoke be a key to this case . My heart was pounding and pounding. I was sweating. I was nervous. We needed to figure this out, fast heres Andrea Canning with without a trace. Reporter its a sad fact of American Life families separated from their loved ones. Gone, without a trace. Nationwide, there are almost 100,000 active missing persons cases. Since january of last year, datelines online missing in america series has been telling some of those heartbreaking stories. One of the first came from the heartland, where not everything is serene and pastoral. This is the quad urban, industrial, gritty. Four cities split by the Mighty Mississippi river two on the iowa side, two in illinois. These days, the quad cities is a sometimes uneasy mix of oldfashioned midwestern values and modern urban life, where crime is an inescapable part of the landscape. This is where carrie olson went 2013. She had a heart of gold. And she made you always feel welcome. Reporter amanda smith and carrie were b. F. Fs from the moment they met at as 11 yearolds at a neighborhood pool. We were just swimming together one day, and sparks just flew. How do little girls have sparks . What was it about carrie . Shed push you in the pool. Shed splash you. And shed give you the best bear hugs. You know, just would send tingles through your body and made you feel so special. Reporter the vivacious carrie was a people person and according to sarah paxton, another too. She loved her kolby. Her dog, kolby jack. Kolby cheese. She loved, loved, loved kolby. Kolby was like her child. Reporter 29yearold carrie worked in her fathers flooring and carpet store. Carrie was a bit of a daddys girl . She was. Reporter is that fair . Yeah. Her dad seemed to do a lot of things for her . He did. If she needed something, he was there taking care of it. Reporter but carrie was trying to find her own way. She lived in her own house and dreamed of, one day, walking down the aisle. She wanted to be loved. She wanted a family. She wanted something stable in her life. Reporter the outgoing carrie had no trouble meeting guys, but hadnt found mr. Right. Carrie was such a sweetheart. She was always bubbly. Reporter Kelly Hornick is a nurse who moonlights as a bartender at a karaoke joint named jimmy os. Carrie was a regular. She was always well behaved. Always there just hanging out with her girlfriends, having a good time. I think they came here for karaoke. And thats a fun crowd. Reporter it was at jimmy os where carrie met tim mcvay. From the moment they laid eyes on each other, they were smitten. They were flirty with each other. You could tell that they were both interested. Its cute. Reporter tim studied theology at augustana college. He planned on becoming a minister, but felt he was just too young and inexperienced to live up to the responsibility. So he took a dramatic uturn and found a very different calling in bars and clubs as the karaoke king of the quad cities. He was very good at running karaoke. He was funny. He entertained the customers. He got out there and danced with em. He would sing songs. Hes a good guy. Reporter tim, a divorced father of two, was ten years older than carrie. But that didnt seem to matter. They were having fun. And carrie could imagine a future together. She saw everyone around her getting married and having children, myself included. And i know she wanted that. Reporter but tim wasnt interested in and that was a deal breaker for carrie. So they decided to go carrie soon started dating justin mueller, an iraq war vet, with a very different personality from the gregarious, funloving tim. He seemed very quiet. Pleasant. He was polite. He was nice. He seemed a little awkward. Reporter despite his quiet and awkward demeanor, justin looked like a good fit for carrie. He was closer in age, hard working, loyal. And he seemed to find a place in her heart. So, they moved in together. It was a big step. For carrie, it was the first time she had set up house with anyone. But right from the start, it wasnt the happily ever after kind of life carrie dreamed about. The iraq war left justin with a difficult case of post Traumatic Stress disorder. I felt like it wasnt a good match. All he wanted to do was stay home, where carrie was always wanting to go out and do things. Reporter did you sort of see that as, like, this is gonna be i can see this is gonna be a problem . I did. I saw, like, a clash. Reporter then, just three weeks after justin moved in, there carrie suddenly disappeared. It was a monday, the start of a work week. Carrie didnt show up at the store and didnt call in. Not like her at all. Right. I called her, i could tell her phone was off. It was going straight to voicemail. And i thought about calling hospitals. I just was scared. Reporter not home. Not at work. Not in touch. Where was carrie . Lways on my mind. Thinking about what to avoid, where to go. And how to deal with my uc. To me, that was normal. Until i talked to my doctor. She told me that humira helps people like me get uc under control and keep it under control when certain medications havent worked well enough. Humira can lower your ability to fight infections, including tuberculosis. Serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. Before treatment, get tested for tb. Tell your doctor if youve been to areas where certain fungal infections are common, and if youve had tb, hepatitis b, are prone to infections, or have flulike symptoms or sores. Dont start humira if you have an infection. Raise your expectations. Ask your gastroenterologist about humira. With humira, control is possible. Here in vineland, new jersey where progresso light soups are made, well never give up our cheddar, our cream, so we figured out a way to add rich ingredients like this into 22 light soups, all with 100 calories or less per serving. So if you want to eat light and not give up rich flavor, do what we do. Make it progresso. I want to get the new iphone as little birthday treat for myself. Oh, great well, when you get an iphone from at t, you get the network with the nations strongest 4g lte signal. So happy birthday. Thanks. But actually my birthday is not for another 5 months. I just wanted the new iphone, but now im feeling guilty because you went and got me an awesome network. Actually, we offer that to everybody. Even that guy . Yep. You didnt even look. Hes part of everybody. Get the new iphone at at t and the network with the nations strongest 4g lte signal. Reporter grief can sneak in like a thief and steal your joy. Thats what seemed to happen when carrie olson disappeared. Grief gripped an entire community and didnt let go. Everybody knew about it. It was the talk of the town. Reporter Dennis Harker is founder of the quad cities missing persons network. Whenever there was anything newsworthy, it was posted. It was in the news. It was on facebook. Reporter carries best friend amanda was a big part of that. On new years day i did create a find carrie Olson Facebook page. Sharing it left and right. So her story was getting out. I even contacted dateline and they published her story. Reporter when we posted carries story as part of datelines online missing in america series, it reached 1. 9 million people, and was shared 42,000 times. Did you feel like that was something that could help . Just getting it out on a National Level . Think it helped out a lot. Reporter thousands started to follow everyoanted to help and everyone was hoping for a break in the case. But they were also on edge. Did you just start to have worse and worse thoughts as you waited . I did. Reporter what are you told about whats going on with carrie . That she did not show up for work. The family was concerned. Reporter the family was so concerned they called the police. The case went to detectives rick voy and bill thomas of the Davenport Police department. They say carries livein boyfriend justin told them he had no idea where she was. Justin didnt have any answers. Reporter justin said he and carrie had a fight, she stormed out of the house and he hadnt seen her in two days. Carrie was upset. What did she say to him . Said somethin to him about bein stupid reporter carries ex, tim mcvay, was in las vegas on vacation when he was told she was missing. He and carrie were still Close Friends and said he wanted to help and had an idea. He talked to carries father dave about where to look. Tim told him, hey, she could be at my place. Go over and look. Theres a window open. You can crawl into the window and search the house. Dave went over yes. He did. Reporter did he see anything . Nope. Reporter no carrie at tims. No carrie anywhere. And one thing left behind at her house was a sure sign something was terribly wrong, her beloved dog kolby. Her everything was kolby. Just like a little kid. And if she did go somewhere kolby was either with her, or she would make arrangements for kolby. There was she would never just leave. Reporter kolby being at home without carrie led detectives voy and thomas to a grim possibility. As detectives, do you have to consider that someone might have taken their own life . In a missing persons investigation, thats always a possibility. Reporter amanda gave that theory some weight. She said there was a sadness behind carries bubbly personality. I started thinking committed suicide somewhere. Did you think that carrie was capable of taking her own life . Well, she seemed depressed at times. Reporter still, detectives needed to they executed two search warrants, the carrie shared with her boyfried justin. The search warrant that we prepared for carries house included everything justins vehicle. Reporter justins truck was checked and photographed. And a sweep was made of the house. It was tidy. Undisturbed. Didnt look like a crime scene. Another search was done at exboyfriend tim mcvays house. We wanted to get into his residence and see was she there, was she not there. Were there any clues that we needed to go on. Reporter detective tina noe executed the search on tims home. We took lots of photographs. cause you never know whats gonna be important possibly later on. Reporter tim was in the middle of a major renovation. The house was a mess. Random things were strewn everywhere; clothes, construction materials, rolls of carpeting. But nothing looked like a good lead. Carries family was growing increasingly desperate. They wanted to do something. Anything. When they reached out to Dennis Harker of the quad cities missing persons network. Sadly, he knew just what to do. Its traumatic. I mean, its just a crisis. And and its overwhelming. Reporter his own son went missing just a few months earlier. You find yourself being tireless. You know, you cant sleep anyway, you might as well be doing something. Reporter dennis offered suggestions and organization to find carrie and keep her story public. It was a remarkable effort. A reward was offered. A prayer vigil became a moment of peace, and faith. And, of course, there were endless searches. Dennis led one at the mississippi river, where his sons body had been found. The mississippi tends to collect a lot of people that go missing. Reporter amanda was with dennis for one of his river searches. Maybe she had drowned or been dumped in the river. So we started looking along the river. And i was lifting up everything and looking for her. I had to do something for her. cause she woulda done it for me. Reporter sarah paxton was searching too. She remembers the frustration of trudging through a huge park covered with a fresh blanket of snow. Every search, i felt smaller and smaller. And the world felt bigger and bigger. She was one of my closest friends. I loved her dearly. It just felt like a needle in a haystack. Reporter coming up had you ever heard anything about justin stalking carrie . He was driving by her house. It sounded like maybe she was getting ready to end the relationship with just zblin when dateline continues. You rally the team. We give you relief from your cough. You give them a case of the giggles. Tylenol cold helps relieve even your worst cold flu symptoms. So you can give them everything youve got. Tylenol remember when you said men are superior drivers . Yeah. Yeah. Then howd i get this. [ voice of dennis ]. Allstate safe driving bonus check . What is that . So weird, right . My agent, tom, said. [ voice of dennis ]. Only allstate sends you a bonus check for every six months youre accidentfree. 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Reporter and that meant taking a harder look at carries boyfriend, justin mueller. Detectives started by talking to carries family about him. We rely heavily on the information that families give us early on in an investigation. Reporter but carrie didnt share details of her love life with her family. They didnt even know justin had moved in with her. It turns out the person carrie did confide in was her exboyfriend, tim mcvay. To me, it appeared that they were best buds. They talked daily. Sometimes they would talk over 20 times a day via text. Reporter tim drove straight to Police Headquarters when he flew back from las vegas, saying he wanted to help. I want to talk to you about carrie. Absolutely. You know, thats why youre down here, right . Anything you want to know. I dont know where she is. I dont know what shes doing. I very much want to know because i am concerned. Reporter it turned out tim also had a lot of concerns about justin, which he shared with the detectives. He said the problems started even before justin moved in to carries house. She called me out of the blue one afternoon freaking out because this guy justin that she had been dating was kind of stalking her. Reporter it was something best friend amanda also worried about when carrie went missing. Reporter who did you think would wanna hurt her . I immediately thought justin. Reporter had you ever heard anything about justin stalking carrie . She had told me that he would drive by her house before he ended up moving in. He wanted to be with her so bad. Reporter and then there was justins postTraumatic Stress disorder. Carrie had talked to her about it and she could relate. Amandas own military husband also struggled with ptsd. Reporter that could be a lot to handle, if youre not used to that and then you start dating a guy with ptsd. . It is a lot to handle. Reporter tim told police that carrie thought her relationship with justin had reached a tipping point. She goes yeah i cant do this anymore. I cant even keep pretending this is going to be okay. Reporter tim then speculated to police that the problems in the relationship had escalated into that saturday morning fight. Her and justin got in a fight. She didnt really want to go back and get into more. She wanted him to learn a lesson. Reporter and how did tim know about that fight . Carrie had gone to his house after running out on justin in a huff and told him all about it. It sounds like she was getting ready to maybe end the relationship with justin. Reporter tim went on to tell police that he dropped carrie back home the next morning. I watched her go into the garage. Reporter he then borrowed her car and headed to the airport for his trip to las vegas. But when detectives spoke to justin, he said after carrie stormed out, she never came back home, and he hadnt seen her since. And that made a tip called in to police all the more intriguing. Reporter you all get a tip that theres a man looking for carrie in the milan area. Yes. Reporter that deserved a close look because two days after she disappeared, her phone which hadnt been connecting to her cell network suddenly nearby town of milan. The man with the tip said the searcher was carries boyfriend. Reporter did you think it was tim at first . Or did you think it was justin . Justin. Reporter but justin had another story to tell. He said he wasnt in milan and insisted the fight with carrie was no big deal. That it was about something trivial. Over some burnt eggs. Reporter and she had left that day, slammed the door and called him stupid . Yes. Reporter justin insisted he never saw carrie again after that fight. And the morning tim said he dropped her at home and watched her go into the house. Justin said that never happened. When one guy tells us, i dropped her off here at 6 30 in the morning, and the other guy says, she never came in the door. We know theres a problem. Reporter a boyfriend who had a blowout with carrie, and an ex who gave her a shoulder to cry one. One of them was lying but which one . Coming up, a caught on camera stunner. Who is that using carrie carries bank card . He is seen on video trying to get 400 out. And a song turns sinister. I will take beauty into my own hands. Olay regenerist. It regenerates surface cells. New skin is revealed in only 5 days. Without drastic measures. Stunningly youthful. Awardwinning skin. From the worlds 1. Reporter carrie olsons boyfriend and exboyfriend had given conflicting stories about the day carrie went missing and now police were taking a close look at both of them. Thats kind of a tough thing to have to figure out when youve got two potential suspects. One of these two individuals is not reporter detectives were trying to figure out which one, when they came across a significant clue. A trace on carries debit card led them to a gas station, where they looked at Security Camera video. It was chilling. There was carries car. Her debit card was being used but there was no carrie. Instead, the person using the card was tim mcvay. Hes seen on video at the pump, trying to enter a number several times, you could tell, its unsuccessful. Reporter tim also tried the card at a drivethru atm at the Mississippi Valley credit union. But he had problems. Thats carries he is seen on video there three separate times, trying to get 400 out. Reporter the pin is not working . The pin is not working. Reporter why was tim driving carries car and using her debit card . Tim told detective voy explanation. Even after they broke up, he and carrie always had each others backs. Weve been really Close Friends. She is the kind of friend if she called me i would drop whatever i was doing to go help her out. Shirt off my back kind of thing. Reporter tim said thats why he had taken care of carrie when she came to his house after storming out on justin. And it also wasnt unusual that she lent him her car and debit card, he said. She gave me her debit card she said go to the mississippi atm and get out 400 then go and top off the gas tank, whatever it takes to fill it up. Reporter tim said carrie had also promised to drive him to the airport in minnesota that sunday. But then she changed her mind at the last minute. She says just take my car and drive yourself up there drop me off at home. According to tim, he and carrie get into the car and he takes carrie back to her residence. Reporter and when they pulled up to the house, tim said carrie told him she didnt care how justin might react to her doing him a favor. She was saying i am going to walk in the door. And say i let tim borrow my car to get himself up to the airport. You need to shape up, ship out. Reporter detective voy questioned tims version of events, saying Security Camera video from the Genesis Health clinic next to carries house did not show him dropping her off at home. Explain to me then the video cameras on the side of the genesis where you dropped her off, it does not show you there. It has to show that the car was there. Reporter tim didnt realize it but detective voy was testing him. There was actually no video camera at the clinic. Tim stuck to his story insisting he dropped off carrie. Youre not in the video, and justin said, she never came in that house. Hes home. I dont know. She didnt walk into the garage and then walk away. Im thinking justins probably not being very truthful with you. Reporter it was clear one of them wasnt telling the truth and it was time reporter did you ask tim to take a poly graph . Did. Reporter did you give justin a polygraph . Did. Reporter but when justin and tim took those lie detector tests, they both passed. Went back to their lives. Still, detectives kept one might slip. Reporter one night later that winter, tim mcvay, the karaoke king of the quad cities, was back singing in front of a crowd. He sang, i used to love her, by guns n roses. I used to love her yeah but i had to kill her reporter a woman at the bar, who was aware of the case, knew mcvay was a suspect. Shocked by his performance, she said she shot this video to document it then gave it to detective noe. Kill her. And i put her six feet under. Tim knew what he was doing. And to get up there and sing that song . It was sickening. Reporter but that song was played frequently at the bar, and detective noe knew that tims performance didnt prove anything. So with no physical evidence connecting tim to carries disappearance, there was nothing she could do. The investigation had hit a wall. It was a mystery. We felt something just wasnt right. Something was going on and we needed to figure this out. Fast. Reporter carrie was still missing winter was settling in and it would be a long one. Coming up, this brand new clue. I emailed amanda. It was a definite match. Police are poised for a major break in the case. 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Talk to your doctor or pharmacist about you and your family getting a whooping cough vaccination today. nature sounds she can rage, and roar, and crack, and storm. But Mother Nature cant stop us. The new 2016 ford explorer. Reporter april 5th, 2014. Warm weather, finally, after a merciless midwestern winter. Melting snow led to a terrible discovery. A body had been found in minnesota that was similar to carries description. Reporter it was found unclothed, in a wooded area off a country road in the town of hastings, 300 miles from where carrie olson went missing. Police circulated a possible identifying image, the dead womans tattoo. I emailed amanda, and i said, i hate to say it, but thats her tattoo, isnt it . I had one picture of her tattoo. And i sat and compared it to the drawing on that news report. Reporter what is that moment like, when you look at the photograph of your friend and the photograph of the tattoo in the news report . I was completely empty. I called my mom and dad and i said, theres a definite match for carrie in hastings, minnesota. This is where carrie olsons body was found on saturday night. We had mixed emotions, obviously. We wanted to find her but then finding out, you know, what had happened it was rough. It was a rough time for the whole community. I just sat there. I cried. I lost a confidante. I lost someone i could laugh with. I lost i lost a very good friend. Reporter the funeral was at st. Pauls church in davenport. She got to come back home again. Reporter it was a day to lay carrie to rest and remember a beautiful life. But there were still so many unanswered questions. Now we need to find out why. We need to find out what happened. Reporter first step, an autopsy. But it couldnt answer the key question for detectives. The doctor that did the autopsy called it homicide by unspecified means. Reporter no cause of death . No cause of death. Reporter are you thinking, come on. Theres gotta be a cause of death . Its rare. But we had seen the photos of the scene, and you can tell that she didnt walk up there and just fall over dead, that her body was placed there. Reporter but the autopsy did offer a possible clue. The doctor had found a chunk of carpet in her hair. We remembered from januarys search warrant that tim had beige carpet rolls in his house. Reporter but they also knew that carrie worked in a store that sold carpeting, so it might not mean still, the carpet in carries hair and the carpet in tim mcvays house were sent to the lab for analysis. How long did it take you to get your answer . It takes a while. It doesnt come back after the commercial break like on tv. Reporter while detectives waited for results, they explored the most tantalizing clue they had received, and it didnt come from carries body. It came from where she was found hastings, minnesota. We knew thats where tim parked his car before he went to the airport. Reporter when tim mcvay flew from minneapolis to las vegas the same weekend carrie disappeared, it turns out he left carries car in hastings. Why . Thats where his girlfriend at the time lived. Pretty big coincidence. Yeah. Thats what we call a clue. Reporter but detectives needed more. They had to tie mcvay carries body was found. They did have one longshot clue. Just a few feet from carries body, investigators discovered this 4 price tag. A Google Search showed the tag was for a kids shovel sold at the Discount Chain big lots. Detective thomas found a Big Lots Store in lacrosse, wisconsin, where that kind of shovel was bought on the same day mcvay drove to minnesota. Lacrosse is about twothirds of the way between the quad cities and hastings. But the stores Security Cameras were broken no video. So how could detectives tie mcvay to this purchase . They decided to work backwards. Inside a Tobacco Outlet, he is seen on video. Reporter mcvay had told police that before driving to minnesota and the airport that sunday, he stopped to buy a cigar at this Tobacco Outlet in the quad cities. So, you knew exactly what time tim had been here exactly. Reporter and where he was going . Correct. Reporter the big lots in lacrosse is a three and a half hour drive up highway 61 from the Tobacco Outlet. And it turns out, the shovel was purchased exactly three and a half hours after mcvay bought that cigar. That s outlet to get to la crosse, wisconsin. Reporter but detectives still needed something more concrete to connect mcvay to the purchase of the shovel. So then we asked for the actual sales receipt. Reporter on the receipt was not only the shovel but a black bag. A black bag. Reporter a desage brand travel bag. It cost only 10, but it was the big payoff police had been looking for. We found it in the garage at tims parents house. That was a huge piece to our puzzle. Reporter so on july 18th, 2014, three and a half months after carries body was found and 7 months after she went missing, tina noe and the other two detectives went to a construction site where mcvay was working. Tim was up on a ladder. And i said, we have a warrant for firstdegree murder for you and concealing a homicide. Reporter tina also brought along her signature accessory pink handcuffs. Reporter you chose to cuff him with your hot pink cuffs . Yes. Reporter how did it feel seeing him in pink handcuffs . Good. Reporter was it an extra little jab . Yes. Yeah, for tina. That was a good moment for us. Mcvay, come on up. Reporter tim mcvay pleaded not guilty. He was denied bail and put in the county jail. Thats where dateline found him for his First Television interview. I did not kill carrie. And i did not dump her body. Reporter tim said the wrong guy was behind bars, pointing to the fight carrie told him that she and justin had that saturday morning. Reporter did she say what the fight was over . Romantic issues. I guess thatd be the best way to put itn reporter of a sexual nature . That was my impression, yes. Reporter and then what happened after that . There was some throwing. A couple of things had gotten broken. There was a little bit of a physical altercation between the two of em. Reporter tim said the last time he saw carrie was when he drove her back to her house, just before he went to the airport. Into the garage at her as well as could be. Reporter tim said even though theyd broken up. But how could he explain the seemingly damning lyric i used to love her but i had to kill her that he sang at the karaoke bar while she was still missing . Maybe not the best choice of song oh, i agree with that. Actually, i reporter what was going on i told my brotherinlaw he was with me that i said, why didnt that song in . Thats kind of a bonehead move. Just but it had carrie. It was nothin to do with anythin. It was a song. Reporter but to prosecutors, it was more than a song. It was a look inside the mind of a killer. Determined to prove that in court. Tim mcvay was about to stand trial for murder. Pickup . Right this way. I ordered this online. Yeah, let me have a look. Thanks hey guys heey robbie nice, right . Buy now, online and through our mobile app and pick up in store. Happy birthday, honey. Because every day is an opportunity to make your day better. Walmart. To feel this special. You need to eat this special. I love it start your day. With 150 nourishing calories eat special, feel special. If unsightly tartar buildup is giving your dog bad breath. Try doggie dentures. Now available in extra white umm, youre kidding right . Just give me dentastix. The dog treat thats clinically proven to reduce tartar buildup. You get used to sweaty odors in your car you think it smells fine, but your passengers smell this. Eliminate odors youve gone noseblind to break out the febreze, and [inhale exhale mnemonic] breathe happy. [ female announcer ] when youre serious about fighting wrinkles, turn to roc retinol correxion. One week, fine lines appear to fade. One month, deep wrinkles look smoother. After one year, skin looks ageless. Reporter tim mcvays murder trial started in june of this year. There was no jury. Judge Michael Meersman would decide. Mcvays Defense Attorneys believed they held the winning hand. He had passed the polygraph. So we thought this could be the truly innocent accused here. Reporter prosecutor john mcgehee knew he was facing a tough test. You had no cause of death. You had no weapon. You had no ironclad forensic evidence. I did feel that it could be an uphill battle. It was gonna be a real challenge. Reporter as the trial began, mcgehee presented the prosecutions theory as to how tim did it. Even though there was no official explanation for how carrie died, the state presented something called burking a method of suffocation designed to leave no marks by sitting on someones chest and covering their nose and mouth. To support that scenario, the state called one of mcvays exgirlfriends, cati smiddy. Are you a little bit nervous today . Yes, i am. Why are you nervous . Im scared of him. Reporter cati described an incident one night in 2013. She said she was startled awake by mcvay sitting on her chest. I couldnt breathe, he had cut off my air, i couldnt he was, hes a big man and im not a very large woman i couldnt, i couldnt inhale. You moved out after that . Yes. Reporter the evidence in prosecutor mcgehees case was largely circumstantial, but he still felt it was strong. He believed mcvay was the last one to talk to carrie. He had her car, used her debit card, and her body was found just minutes from where he parked her car at his girlfriends house. And the prosecution had the test results for the carpet fibers found in carries hair. They matched that rolledup carpet in mcvays house. How does a piece of carpet get lodged in someones hair and remain in her hair . Her head mustve been on tim mcvays floor at the time of her death. Reporter the prosecutors also used mcvays internet searches to show how he was constantly checking the website of the newspaper in the distant town where carries body was found. He knew that he had concealed her body in hastings. So he started accessing the hastings stargazette in january, wanting to know the headlines when her body would be discovered. He accessed that website 100 times. That is an action of a guilty man. What were you looking for . You dont live in hastings. Its kind of a long ways away. A newspapers a newspaper. But im not gonna answer any questions about that. Reporter and why not . All i can say is a newspapers a newspaper. I dont have any other comments about that. Just interested in hastings . Move on to your next question. Reporter finally, prosecutors called to the stand carries boyfriend justin mueller. He testified about the last time he saw carrie. Did you say goodbye . I didnt really have a chance to say goodbye. The way she left. I tried to say goodbye, yes. Reporter justin acknowledged that she was upset with him. The way she stormed out of the door, and i thought maybe i upset her in maybe some minor way or, cause i wasnt paying attention to her somehow. Reporter as the hours of carries unexplained absence and silence grew, so did justins concern and his texts. Prosecutors had him read them in court baby, come home. I love you. Im sorry for whatever i did. I love you. Kolby and i miss you. Is everything okay . I gave kolby his pill. Did you get a response . No. Now its sunday night at 8 10. Yes. Reporter although there was no evidence presented about mcvays motive for murder, in closing arguments the prosecutors offered their theory he killed carrie in a twisted fit of rage, because he demanded her car to get to the airport and shed said no. We see it all the time that people are murdered for sometimes the smallest little things. And youre just surprised that another human being can do this to another human being. But thats what happened. Reporter mcvays attorneys aaron dyer, dan dalton and john ruud argued that the prosecutions theory of motive was preposterous. The idea that he could kill her and take her car to just get a ride to minnesota, i think is laughable. They didnt have a cause of death, so how do you point the finger at somebody . Reporter the defense didnt produce any witnesses of their own. Instead, they aggressively challenged the states witnesses, like that former girlfriend. The defense tried to show mcvay was more playful than violent. You said when i finally did get him off me, he said he was just playing around, but you didnt find it funny . Yes. He wasnt striking you, right . No, he wasnt striking me, hes never struck me. Reporter Defense Attorneys also attacked detective bill thomas, who traced that kids shovel to a Big Lots Store in wisconsin. You have no videos of that transaction, right . No. You have no receipts with tims name on any of em for that date, right . No, its paid by cash. Reporter the defense confronted justin mueller. Police had said he was spotted in the town where carries phone last pinged, but he wouldnt admit it. You remember being in the milan area at all during that week . No. His phone records put his phone, at the very least, in milan. Another person indicated to the police that he was seen in milan. Reporter what do you make of that . I think its a huge hole in the prosecutions case. Reporter the defense also challenged the states evidence like the carpet fibers found in carries hair that investigators said matched the carpeting in mcvays house. She worked in a carpet store. So just because it happened to be in her hair certainly doesnt indicate anyone intentionally killed anybody. Reporter they even challenged the idea that a crime had been committed at all. How did she get there . We dont know. How did she die . We dont know. Its one of the biggest mysteries that not even sherlock holmes, i dont think, could solve. Reporter tim mcvay declined to take the stand in his own defense, but he maintains that hes a family man who loves his kids, not the violent thug described in court. Im just not that kinda person. I couldnt inhale. You were accused by cati smiddy though of well, that was a lie. Reporter getting violent. That was a lie. Reporter did you kill carrie . I did not. Reporter theres a there are. Reporter going on. Terrible there are. Reporter coincidences for you. I agree, yeah. Reporter what do you say to those people watching who just maybe dont believe you right now . All i can say is what i know. I know that i did not kill carrie. She was a beautiful person, a wonderful friend, a lover, a confidante. She was she meant the world to me. Its been the end of a long trial. Reporter after more than two weeks of testimony and argument, judge meersman was ready to give his verdict. Timothy mcvay, im finding you guilty of count one murder, count two concealment of a homicidal death. I jumped out of my seat. I was so excited and happy. Reporter tim mcvay was stoic, showing no emotion. And three months later, he was just as stoic when the judge sentenced him to 45 years in prison. I believe you killed her. And the saddest part is, you killed her for justin mueller, the cloud of suspicion finally lifted. For carries family and friends, the verdict meant justice and bittersweet relief. I just bowed my head and started crying. And it felt just like this huge weight was gone. Reporter but justice for carrie still couldnt explain the why. If it was over a ride to minnesota, a car, and money, its not a very good why. Reporter what will you miss most about carrie . What i ultimately miss is shes not there, pulling in that driveway, honking, you know, announcing that shes here. She had a heart of gold. She was there for everybody. She had a lot of hope for her future. She had everything to live for. Thats all for this edition of dateline. Well see you tomorrow at 8 00 7 00 central for the return of the dateline saturday night mystery. And then again next friday at our new time 10 00 9 00 central. For nbc nightly news. Im lester holt. For all of us at nbc news, goodnight. Them items to make money for her funeral . I mean. You really a home is burglarized just a couple days after a fire kills the woman living inside. Plus. Business owners upset over a flood Prevention Project saying its hurting their sales. And. Its the final week of the regular season for friday night heroes rick will have all the highlights at the bottom of the youre watching kwwl, weve got you covered. This is the news at ten. Good evening im amanda goodman. Ron is off tonight. Stealing from the dead. A home is burglarized. Two days after a fire. A fire where a woman died. The fire happened here in the 700 block of linden avenue. 65yearold rebecca lavenz died in the fire, her exact cause of
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