testimony from this woman, seth penalver s ex-roommate. i pull up in the yard, there is a big black mercedes in the garage. on the morning of the triple homicide in miramar, less than an hour after the murders were committed, kimberly ann sam was moving out of this house she and her children had shared with seth penalver. at about 8:00 a.m., sam says penalver showed up suddenly with a friend. both of them looking agitated. i said who the hell are you? he said, i m pablo. i went straight through the kitchen, out through that little door and through the garage and that s where i seen seth. and i m like, what the hell are y all doing? then sam says she looked at the washing machine and saw what she claims was a clear attempt to launder away evidence, bloody clothes. and there was pink bubbles spewing out of the washer. i lifted it up and it was real pink.
then returned deadlocked. a mistrial. two of the jurors said they just could not identify the killers from the videotape. the families of the victims reacted bitterly. if i did not have an ounce of sense and a child to raise, i would have been looking for a way to get a gun in there and just end the whole thing. there would be no quick end to this case. by the time ibar and penalver returned to court for separate retrials, the three murder victims had been dead nearly five years. yet even after all that time, another new witness surfaced. this time, for the defense. pablo ibar s new wife, tanya. i can tell you he was with me and that he couldn t be a suspect because he was with me. [ male announcer ] to the 5:00 a.m. scholar. the two trains and a bus rider.
in that home who had given statements and who testified that clearly in that home during this period of time mr. ibar had access to the tec-9, which was identical to the type of gun that was used in this crime. then, this man, jean clemesko testified he saw ibar and penalver two hours before the murders. ibar, he said, removed a tec-9 handgun from under his bed. he then claimed ibar and penalver returned about 7:30 that morning with a big, black car. faced with a mountain of evidence against their clients, defense attorneys started by attacking the videotape itself. when you look at it with a fair eye, i think you say, it is not conclusive for sure. defense attorney hilliard moldoff, representing seth penalver, argued it was impossible to prove the identities of the gunmen beyond a reasonable doubt, especially from a grainy, black and white videotape.
we weren t able so much as to establish an alibi as to show the witnesses that were putting them in the middle of this who were not worthy of belief. then the defense went after the witness whose bloody laundry story had caused such damage. kim sam is not someone if she said it was raining outside, i d like out the window before i got my umbrella, you know. attorney moldoff even had the laundry area of sam s home tested for any trace of blood. where the washing machine was, pulled the baseboards off the wall, did a phenolphthalein presumptive test for blood, found none. then the defense introduced these letters written by kimberly ann sam to seth penalver in jail. she was, you know, for years not to be found and then comes forward and says she s doing it out of conscience and yet we had love letters from her that she denies she ever wrote. me and seth were only friends. but they tried to make a mountain out of a mole hill. the defense also attacked
and i m like, you know, what is in here? he says, i put too much soap in it. i said, what s so pink? sam says penalver and his friend pablo put on new clothes and then drove off immediately. they were very, i don t just real weird, like, you know, like they were doped up or they were zooming, just, like, zooming, you know what i m saying? the mercedes they drove, the prosecution says, was the same one that had just been stolen from butch casey s home, right after he, sharon anderson and marie rogers had been murdered. the same car found three hours later, torched in palm beach county. the prosecution then introduced more damning evidence against pablo ibar, collected from a house where he had been staying. what was found was a brochure of the tec-9, of the weapon that was concluded to be used in this particular case. and there was no question from all of the individuals who lived