Transcripts For MSNBCW Dateline 20240704 : comparemela.com

Transcripts For MSNBCW Dateline 20240704



character. >> he was always very affectionate tour, and he didn't like. it >> everyone was suspect. >> then a break. tips from other woman who had been targeted, too. >> he wanted to get me in there and i didn't budge and all the bells were going off. >> i took off. i felt i had dodged a bullet. the who is frightening, but the white was much worse. >> in my wildest dreams i never thought result like this could even exist. >> he certainly had a motive. >> yes you did. >> it was the afternoon of november 15th, austin, texas. four pm, there is something ominous in the air. the smell of it, the familiar feel of it against the skin, a storm coming. something big. >> they did tell us on the news if you don't have to go out tonight don't. >> in the sky overhead turned dark by midnight in the afternoon. >> when it gets like that, it is pitch blackout. you have the fear of tornadoes. >> sure enough said the announcers on tv, twisters had been spotted headed to parts of the city, including the northwest. >> diane lived in the northwest. i said hey girl, they said there was a tornado heading in your direction. she said my direction. she is like i don't know what to do. i have never been in a tornado. >> she must have been freaked out. >> very freaked out. >> the ferocious rain and hellish win and funnel clouds dipped and swirled around the city. the next morning, a friday, it was all over. friends checked on friends but nobody could reach diane, the freaked out one. diane worked from home. worked for ibm. the friday morning, so unlike her she missed a conference call. >> it is 2:00. worried about you. >> all day phone calls from ibm and friends went to voicemail. >> diane, i was calling to see if you were going to show up tonight or not. >> she didn't. >> i got to the club and i was waiting and she didn't come. i spent all of my time wondering when she was going to show up. >> was she caught in the storm. was the house hit? a co-worker called the police who cruised over to diane's exclusive neighborhood and found her fine, big house unscathed. peered through windows. saw no one. they secured a key. they went upstairs. and there, all but hidden behind a guest room bed they found diane. >> someone had killed her. i actually had a scream of some sort. it's not true. that is not what happens. >> of course it was. diane, 43 years old, suddenly the unlikely center of a strange and disturbing mystery and a most unlikely victim of murder. >> absolutely lived a life with gusto. >> lynn had known diane since the 90s. >> we would vacation together and have so much fun and laugh and laugh and laugh. >> a lot of things that we like to do is that we hit the clubs a lot. >> lots of dancing. >> in the ladies room of an austin bar. >> you have on cowboy boots. you must know where a country bar is. i said my best friend is coming and we are going to go there. she said cool, i'm going to go with y'all. >> she had only been in town three weeks. >> diane said i am not dressed for the club. she starts pulling out western wear and putting it out right there in the parking lot. she was crazy. >> she was throwing on things. right there in the parking lot. we all went dancing all night long. she was having a blast and so happy she met the two of us because she said now i have me some dancing buddies. >> so, magnetic. which, said her colleague, lynn, helped to make her a fine recruiter for ibm. >> i would send her off to colleges and the kids would gravitate to her. she had a personality that stood out. >> and her attitude? endlessly adventurous. >> she pulled me out and said i need a half day off. she said i'm jumping in a balloon and going. >> she would always test the edges. >> yes. >> she would throw all kinds of parties at her house and invite everyone she knows. where are they may not know each other, but everybody knew her. >> yes. she was great. she just loved to have all of these wonderful people around her. >> in any room, any crowd, diane was the lure. especially to men. >> that was never a problem going out with her. she was like a magnet for all of us. >> there was always men around whenever diane was there. always. >> so, there were. now she was dead. and the one thing that seemed obvious there in that second floor bedroom. what happened to diane bore the mark of a man. coming up, a killer as calm and cool as he is cold-hearted. >> you commit the act of murder and you leave. you don't want to get caught. this person did not do that. that was odd. >> a suspect emerges, someone close to diane. >> interesting thing happened when she hits 40. she decided i need a partner and i need a marriage. >> when dateline continues. ---------- ---------- who needs that much more tide? 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>> no. >> her clothes were not messed up. nothing to indicate that. she had no scratch marks. as we look at the body we notice faint red marks on the lips. that was interesting. there was no tie. there was no rope. there was no tape. that was rounder in the room, just read marks. >> little red marks that looked, somehow, familiar. >> it looked like two parallel lines, and then perpendicular to those lines are little lines that are probably a 16th of an inch apart. i've seen these marks before, sometimes on the flex ties that we used to make arrests. we thought, oh wow, he used zip ties to bind her. but then you would cut them off afterwards. he obviously cut them off afterwards, and we knew that immediately. >> detective mind went to the darkest of places. diamonds to been restrained with a zip ties, helpless, terrified as she watched her killer prepare the ligature and put it around her neck. >> what kind of horror did she go through? what was going through her head? >> after she was dead, the killer must have stayed for a while, carefully erasing any sign of his or her presence. >> so that, in itself, was odd. that does not happen a lot. you commit the act of murder and then you leave, you are scared, you want to get out of there and you don't want to get caught. this person, we did know for his mailers, email did that. >> who is this person so deliberate, cold. this was no safe forward case. >> i probably didn't sleep for 72 hours. >> as they chased down their endless questions. >> what does that leave you with? was it a targeted killing? with somebody angry with her? >> those are all possibilities, most of the time you're going to be killed by someone you know. sometimes it's someone you know very well. and, of course, we're all familiar with domestic violence so we want to see who is in the immediate inner circle of her life. >> diane's friends, they learned, she had been married years before, but had spent most of her adult life as a single woman and happily single into she changed her mind. she loved her single life and loved her independence. but an interesting thing happened when she hit 40. she decided that i need a partner, i see need somebody like my friends have. i need a marriage, i want things they have. >> so diane set out to find a mate. with the help of the dating service, it is just lunch and, pretty soon, she met a divorced father of two named dennis convoy. >> i think they truly, immediately had a chemistry. i think they were in love. he was a successful businessman. he was handsome, he took her everywhere and that is what she was looking for. >> just two months later, dennis presented diane with the bobble of a lifetime. a 20,000-dollar engagement ring. >> he loved her. he put her on a pedestal entry deter like a queen. she liked's daughter, she cared very much for his daughters, and that was a strong point. >> they made plans, as lovers do, dennis had moved from austin to houston. the idea was diane could sell her big house and moved down there, too. it was a down market than, but as diane told her friends, she met at least one potential buyer. but now, diane was dead and there were all those questions. not a robbery and, as the detective soon discovered, something was missing. that 20,000 dollar engagement ring. nowhere to be found. so, police wondered, where was fiancée dentist during the violent storm? and did he know something? coming up, a storm out side and in. >> they argued a lot. >> they had their ups and downs, no question, but -- >> no physical? fights >> nothing,. never. >> when dateline continues. teline continues 'dan i want a raise'! his name is bob. woolite protects your favorites from fading, pilling, and stretching. so you can wear them as long as you love them. new emergen-c crystals pop and fizz when you throw them back. and who doesn't love a good throwback? [sfx: video game sound] new emergen-c crystals. throw it back. it was true. all her friends knew it. diane holik was in love with the man she met through the dating service, smitten like a teenage girl. but, the road of love, as we all, know is not always smooth. they were engaged so quickly, too quickly? before long, they encountered some serious issues said her friends anita and sharon. >> they argued a lot. >> one example, her dogs who are like children to diane. but she told her friend dennis didn't want any dogs in the new house in houston. they fought, said your friends, about what he seemed to want her to be. >> she is always talking about he didn't want her to do this or that and that would cause arguments. >> she would not go along with it. >> she wouldn't. >> she was independent? >> yes. >> what was? he >> controlling. >> that can be a difficult combination. it was confusing. she proudly wore the spectacular ring, but the engagement was off and then, maybe, on again. that very weak, center friends, diane told them she still didn't know what to do. so she had gone back and forth? >> emotionally it was a rollercoaster for her because she couldn't see how it was going to work and none of us could see how it would work either. >> especially when she told sharon that she made a date with another man. >> we kept telling her, if you are still wanting to do these things, you are not ready for that. >> she had her house for sale, right? >> she was going to downside. if you didn't get married to down as she was going to downsize anyways, because this house was just way too big. >> -- a date with another plan, anita said she had seen dennis angry and so, after diane was murdered, she wondered -- >> maybe he had lost control this time and killed her. that was my first thought. >> detective -- asked dentist to come into the station where he agreed to speak with and without the aid of a lawyer. the detectives focused on the timeline. they believed diane had been killed that stormy, thursday afternoon or evening. her body was discovered about 5:30 pm on friday. >> we are definitely interested in where he had been for the last three days. he knew he was going to have to verify his alibi to us. >> at the station, dennis seemed upset but composed as he told investigators he was in his office in used in the night of the biggest storm, but exchanged online messages with diane back in austin that afternoon. >> it was like, hey, i'm working late, i'm getting ready to go home. she said i love you. >> okay. >> that was it. >> and you are at the office when, she sent out to? >> >> dennis said he got home from work late thursday evening and was back at the office early friday. >> we looked at the timeframe, good to have risen down to austin and murdered diane and theoretically durham back in time for work, and yes he probably could have. >> they checked diane's answering this sheen and found messages from him. this one was left on friday, the day after the big storm. she was dead by then. >> hey, if i don't hear from you i'm calling the police to drive by your house, okay. >> another message, saturday morning. >> diane, what is going on? give me a call. you have new worried to death. >> which could have been some sort of cover-up, of course. dennis admitted their relationship was if he. >> we ran into some rough spots, we are going to build a house in houston and i decided that, given the fact that we weren't getting along together very well, i mean there were no fights, we don't fight. everybody carries baggage in your relationships at this stage and our baggage was it clashing and we were working on it, but we decided not to be engaged anymore. stopped building the house. >> he said they were going to therapy, which was helping. >> we were really, really making breakthroughs. >> about diane's dogs, for example. >> she thought i was accepting the fact that her dogs were going to be in the house. >> and not long before diane was killed -- >> i remember her saying that she loved me and that she would jump at the chance to be in a relationship and marry me, no matter how long it took. we had our ups and downs, no question, but it was not like -- >> no physical fights? >> nothing, never. never even angry or loud words. it was just, it's stupid. she thought i should be more of a handyman kind of guy, like her dad. and i thought she should be more appreciative. >> was she faithful to you? >> i would be shocked if she wasn't. i would be stunned. >> everyone has his or are version of the truth, of course. dennis's story not at all what diane's friends said they had been hearing from her. >> i wanted, so many times, to just say you are so stupid because she did not want to marry you. >> detective gareth took fingerprints, collected's dna, and dennis, before he, left denys brought up another name. >> has anybody gotten a hold of gray? >> we're trying to figure out who wray is. >> wright was a colleague of diane's at ibm. >> he seemed to worship the ground she walks on. he seems to be attracted to women that are not attracted it to him. honestly, if i was a woman, he would give me the creeps. >> and, according to, dennis right and diane or not on good terms. >> they had out a falling out about a month or so ago. i don't know the exact nature of it. >> so, time for a talk with ray. coming up, a coworker with a crush, but did you want something more? >> i was always very spoiling her, and affectionate. >> when dateline continues. when dateline continues my tip is, send your kids a text. it may be the last time that you do. 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dennis for it wasn't him, but maybe he was suspicious, to. what about this guy, he asked? what about ray? >> there was a man that she worked with by the name of raphael chauncey, and she had actually hired him at ibm, so she was kind of his boss. >> maybe more than his boss? here is what diane's friends told the police and us about ray. >> he was johnny on the spot anytime he needed something. always call right, in my heart i truly believe that he loved her and would have married her. >> if you would have? >> if you would have him. >> it seemed off to dennis. wray's relationship to diane, he told the police, it was a little too cozy. obsessive maybe? >> he always felt like ray took a liking to her and was very infatuated with her. and he would always offer to take care of her dogs whenever she was out of town. always wanted to be close to her and so he thought that maybe he had too much of an interest in diane. >> what's more, ray had his own personal key to diane's house and, remember, there is no forced entry. the killer was either invited in or had a key. so, detective garish asked right to come into the station to answer a few questions, except it was ray who seemed to be full of questions. good >> we're working on. it >> unfortunately i didn't know anything about diane holik until i went to her house last night. >> i know a lot about. or >> he seemed excited to share what he knew. >> how long did you know diane? >> years. >> he was an odd character. super eager to help us, almost too eager. to the point where it just threw us off a little bit. >> -- so, my opinion of her with always takeover dogs. and two years she never had a dog sitter or house-sitter. i even changed my schedule so i could watch her house. >> so you might have had a crush on her? >> hell yeah, sure. i always had a crush on diane. >> diane didn't reciprocate your feelings? >> no, we are just friends. >> did that ever cause problems between? you >> know. >> arguments and stuff? >> in the beginning i was always very affectionate. >> they played good cop bad cop and now another detective came in and pressed right. >> she asked me, -- >> no sexual relationship? >> no. >> did you want to? >> i always wanted to, but never did. >> at first it was a little bit more formal than that, i guess. >> you never had a sexual relationship? >> never. >> so your dna shouldn't be found on her. >> do you mind giving us a little? >> if you want it. >> wray agreed that he did have a key to her house, but he also had an alibi. he was at work the day diane was murdered. >> did you punch a network? >> yeah. those are records you can use. and there are cameras all over the place. you can ask some people records. >> that day, ray said he state late at work and drove home through that terrible traffic created by the storm. he didn't get home until 10:30 pm and after that state -- >> i stayed home and didn't go anywhere. back to work in the next morning, i got to work at around 8:00. >> of course, they needed to verify all of that. but when they asked right about dennis, the fiancée. >> how did her and didn't get along? >> that's a loaded question. >> is it? >> i want the truth. if there are some problems. >> they were supposed to get married this november, but they didn't because they were getting problems. >> clearly diane had complicated relationships with dennis and ray. just had they had done with dennis, please fingerprinted right and took a dna swab. sharon told the detectives that diane had a date with a man the very night she was killed. they couldn't figure out who that man was, but they tracked down every man she ed met from the -- it's just launched. >> i interviewed every single day she had through that service. >> too many options. please wondered if diane had been strangled by a man she had met through a dating service, or a man she knew well? and yet, something it seemed to be missing. but what? this wasn't going to be easy. coming up, the funeral and the wedding and what some say was a former fiancée is extremely strange behavior >>. he did a morbid thing. i mean, beyond belief. >> and finally, a clue. >> was this one of his mistakes? >> when dateline continues. continues join me in the finish 24 hour challenge. start by cooking a lasagna. skip the rinse and load your dishes. 24 hours later when your dishwasher is full, let finish quantum clean your dishes. ♪♪ try finish quantum. unbeatable clean. unbeatable price. every business that's why comcast business de is launching theal. mobile made free event. with our business internet, new and existing customers can get one year of unlimited mobile for free. it's our best internet. powered by the next generation 10g network and with 99.9% reliability. plus one line of free mobile for an entire year. it's the mobile made free event-happening now. get started for just $49.99 a month. plus, ask how to get one free line of unlimited mobile. comcast business, powering possibilities. some people think you can only have one favorite team. well i beg to differ. that's why i got xfinity. so, i can catch all my favorite teams' out-of-market sunday afternoon games. and for the first time ever, no dish needed. in a word—it's fitz-credible... no. i got it, fitz-sational. i should trademark that. eligible xfinity rewards members can get up to $100 off nfl sunday ticket from youtube. sign up for xfinity rewards now. that is an affluent neighborhood, it's not normally where you find murder victims. >> darlene davis was worried. diane halle's body was fairly cold one prosecutor davis jumped on the case and encountered the problem. >> the fact that she lived by herself. >> there were men who wanted to change that a single status. and there is certainly reason to look at them carefully. but, the prosecutor worried, to about another process ability. >> we might have a stranger on stranger offense, which is way harder to solve. >> essentially a dead body, not much evidence around, and no idea who did it? >> exactly. i decided we are going to monday morning quarterback of the crime scene right away. >> that mentioned the investigators went back to diane's house and took a more in-depth look. >> and went over it with the alternate light source. if you do it in the dark, you just take it and put it on carpeting or any kind of fabric or the wall, or anything, and certain things will for us. >> for example if it was blood or something? >> the most alternate light source that we're looking for is seminal fluid. >> it didn't look like diane had been sexually assaulted, but they had to know for sure. and when they tested -- >> there were no indications that there was any seamen. anywhere. in that room or different parts of the house. >> nothing. no semen, no blood, no evidence of sexual assault. and apart from her missing engagement ring, nothing in diane's house seemed out of place except in the middle of the otherwise pristine living room. >> there, on the love seat, is this towel that is just thrown their. weird. >> it was definitely out of place. >> as of maybe it was left behind by the killer? was this one of his mistakes? was there anything found on that towel? >> there were some hairs. >> her hairs? >> no. >> there were seven hairs found on the towel. >> they sent the hairs to the dna lab and waited. while her friends planned the excruciating details from diane's memorial service here in austin. >> sharon found the funeral home and the lady do the makeup and everything. we went in with them and help them pick out her casket. >> and her dress, for an open casket. >> i needed to make sure that whatever we got looked right and covering the appropriate parts of. her seeing where the wounds were, or the ligature marks were, it was probably just as difficult as the day i found out she had passed. >> that is came to the service as expected, but -- >> he tended did not speak with anybody, which i found somewhat strange for a man that was so in love with diane. >> he didn't kind of sit front and center? >> he didn't come sit front and center, which surprised me. >> they watched him through a haze of grief and suspicion. when diane's parents flew her body from austin to their family home in new york for the funeral diane's friends went along. as did denys, but there, others diane lay in our open casket, something very strange happened. >> oh god. >> he did a morbid saying that just infuriated her parents. beyond belief. >> dennis had brought a minister with him to the funeral. >> to actually say the marriage vows to him as she was laying in the coffin. and then took her hand and put that gold bannon. i thought her mom was going to come unglued. >> diane's parents removed the ring, said her friends. though diane's family was uphold and her friends deeply suspicious, back in austin investigators were looking at all kinds of possibilities. dennis, ray, and another man diane had known remained on the list. their statements reviewed, their alibis checked and reject. it wouldn't be the first time loved turned murder. but that worry, prosecutor davis talked about, was that really what happened? was the killer some random projector? >> it's not a great feeling to know that you are going to have to expand out into the possibilities that this was somebody who was a stranger to her, because that makes it so much harder. >> that second search of the crime scene confirmed everything the detectives found the first time, including this killer, whether a lover or stranger, had been chillingly careful. clearly had prepared for what he or she was going to do. >> this person was trying to avoid being captured. >> so he kept zip tie off of her, and took the zip tie with him. >> and thus, removed the evidence. but there was this one other thing, just a passing comment. they heard it from anita, who, remember, was on the phone with diane as that huge storm was about to roll through austin. >> she said that she had somebody who had come by earlier and had looked at the house and was very impressed with it. i said that's good, she said i might finally sell this thing, you know. >> could that visitor be connected to diane's murder somehow? or that discarded towel, with those seven tiny strands of hair? coming up, a stranger knocking on doors. what happened next still on the women who answered. >> i jumped in my car, locked in the car, and took off. i felt by dodged a bullet. >> he wanted to get me in there and i didn't budge, i stood there and all the bills were going off. >> when dateline continues. continues ♪ it's the most wonderful time of the year ♪ ♪ non-drowsy claritin knocks out symptoms from over 200 allergens. without knocking you out. feel the clarity and make today the most wonderful time of the year. live claritin clear. the most wonderful time of the year. 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>> no, none. >> especially if that stranger is as careful as diane's killer appeared to have been. >> it was true whodunnit. >> the medical examiner who looked carefully for evidence of sexual assault, seamen, the killers saliva, dna under her fingernails, that sort of thing. and there was none. none at all. so, please 101, maybe one of the neighbors saw something, or someone suspicious. and, sure enough, not one but several neighbors had seen a stranger, a potential home buyer who was welcomed sitter, frankly, of a difficult housing market that here. they all agreed who is tall, a dark slicked-back air, and a big nose. anthony said he wanted to pay cash for a nice house. so is he the man who tore diane's house the day of the storm? >> you always try to find the last person who saw the victim alive and we thought well this man could be the last person to see her alive. >> who is this phantom home buyer? >> did anyone get a name? >> we didn't get a name, we just had a number. >> walter miller. of course they looked up the walter millers around austin and found two of them. neither one fifth that destruction though. and, the phone number the man left. >> it ended up being a fox machine. it belonged to the wife of a guy by the name of massie supple ski. >> what was he all about? >> he did have a background that involved drug addiction, assaults, he had had a restraining order push against him. then we eventually tracked down massie. >> and they realized right away he could not be the killer. >> he wasn't a neck brace. he had been in a bad accident and he had some paralysis in his arms. so we knew it couldn't be. him >> meaning this visitor, whoever he was, had left a fake name and phone number. who would do that? and then they found another neighbor who had talked to the guy, heard his story. they got a good enough look at him to help with a composite sketch. >> we are just on the 10:00 news. >> austin please ask for help in solving a murder. please want to question a man who is seen in the area a few days before that murder. the man was described as white, between the ages of 35 and 45, he's about six feet tall and neatly dressed. >> we were hoping to get tips. >> what do you know? before long women started calling. with tales about a man who wanted to buy a house. >> so, what were you hearing from people who may have had a visitor? was it the same story you are hearing? >> pretty much. >> we are getting the story about this guy who sold his ranch in south austin and had cash, him and his wife were looking to do this quick. this is a cool descriptions were all the. same >> colors like a tammy -- had curious details. >> he had on brand new jeans that were probably see three sizes too long. >> it was the kind of a strange thing that you remember, said royal estate agent tammy. >> he had on a shirt, a striped shirt that had wrinkles in it. i mean, folds. >> it just came out of the box? >> he just bought clothes, i am sure. it he had suspenders on, which nobody wears suspenders and it wasn't like is pants or falling off. >> but it is when she showed him into the house that her nerves went on alert. >> he said after you, after you. it was a standoff at the bottom of the stairs. i wouldn't go. my stomach is tight inside. >> tammy was wary. years earlier she had been raped by an armed customer at the store she managed. >> i knew my instincts and all that i had learned and been through were the reason that i was nervous about him. >> he said his name was jim sage. he kept trying to get her into upstairs rooms. >> he wanted to get me in there and i didn't budge, i stood there and all the bells were going all's. >> the next day, tammy called the police do report this gym sage. >> did he her to? did he threaten you? did he put his hands on? you i had to say no to all of that. they said i'm sorry, there's nothing we can do. >> but now, diane pollack had been murdered. strangled and with a shudder tammy remembered the man's odd suspenders. did he use them on diane holik neck? >> when did that hit you? >> after. after found out she was strangled. >> calls kept coming in. women with stories of a strange man posing as a home buyer, some truly hair raising stories. like what happened to ex realest eight agent melanie blunt six months before diane was murdered. a man had called her about one of her houses. >> it was a vacant listing and i asked him if he had been free qualified by a lender and i am paying in cash. so i drove over to meet him at the house. i go to the door to meet him and immediately he was behind me. he would never walk in front of me. >> which made melanie uncomfortable, especially because he only wanted to see vacant houses. and -- >> the whole time i was showing him the home, he was never looking at any room. he seemed to be more interested at looking out windows that needed the actual room. >> she said something else seemed off about him. >> he has a tick in his neck. he is constantly cracking and popping his neck and breathing very heavy. >> melanie wanted to leave, but then the man noticed the attached garage. >> he was adamant about getting in the garage. he said i really want to see inside the garage and started that neck popping. >> her hands shook as she tried to work the tiki in the door. >> it didn't open. i just turned to him and said i'm leaving. i jumped in my car, locked the car, and took off. i left him. >> she drove home, still shaking. >> i have never cried nor prayed so hard in my whole life because i felt i dodged a bullet. >> melanie called the police, to. she got the same message as tammy. >> they did not believe me. did he touch you, did eat her too? no, he did not. >> once she stopped the story about diane and the sketch. >> i looked at it and immediately knew that it was the same man. >> meanwhile, the police and prosecutor investigating diane's murder or working every angle they could think of. >> we were just coming up zero. >> so whoever this killer was knew what he or she was doing and was very careful about doing it just so. >> that was the impression we were getting and that is what was increasing our anxiety. >> so, they waited for dna results from those tiny hairs found on the towel in diane's living room. and they listened to the women calling in to tell them about the frightened by a mysterious would be home buyer. but who was he? and then, one more call and they knew. this could be their breakthrough. >> she said that she had seen the news and she thinks that that man had come to her house and she possibly had faith flyer that he had handled, that he had left behind. we were really excited about that. >> which meant that maybe there might be fingerprints. >> she saved this thing? >> she did it by accident. >> she didn't just throw it away? >> she actually picked up and put in the back of the stack. >> what happened before that to her was a story that, by this time, sounded all too familiar. >> she was excited to sell a house. she's going to pay cash, she wanted to bring his life back to look at the house and asked her if she could look around. she said sure. so she kind of followed him into one of the bedrooms and, when he got to the closet, you turned around on her and she said there is this awkward silence. he just stared at her. she became so uncomfortable that she thought something bad was going to happen. >> just then, in a nearby room, the woman's baby cried. >> and it gave her the opportunity to break the encounter with him to grab the baby and he followed her into the room and was standing behind her when she turned around with a baby in her arms. it must have spooked him. >> he just left? leaving behind the flyer? >> leaving behind the flyer. >> so they picked up the real estate flyer and brought in a latent pacing corporate expert. those parents might just belong to her killer. remember, they found no prints in diane's house to compare them to, in fact, and this was strange, even diane's own prints were hard to find. it was if the killer may have wiped them clean. >> there was really not even the fingerprints that you would think you would find in a house that was occupied. >> that is very rare. >> yes, it was very rare. and scary. >> scary because they couldn't know who he was. scary because, if he was a stranger just looking for a convenient to target, he had probably seen the stories on tv with a composite sketch and knew they were looking for him. so he could have changed his appearance or left the area, or even worse, might strike again somewhere else. but then there was this one more phone call from a woman who said she, to, had had an experience with a male home buyer. this color just might lead them to an actual person. coming up, -- >> she immediately -- from him. >> the break detectives had been waiting for. >> she actually wrote down his license plate and called police. >> when dateline continues. hen dateline continues in for a surprise. meet arexvy. ( ♪♪ ) the first fda-approved rsv vaccine. arexvy is used to prevent lower respiratory disease from rsv in people 60 years and older. rsv can severely affect the lungs and lower airways. arexvy is proven to be over 82% effective in preventing lower respiratory disease from rsv and over 94% effective in those with these health conditions. ( ♪♪ ) arexvy does not protect everyone and is not for those with severe allergic reactions to its ingredients. those with weakened immune systems may have a lower response to the vaccine. the most common side effects are injection site pain, fatigue, muscle pain, headache, and joint pain. rsv can be serious. talk to your doctor or pharmacist about arexvy today. rsv? make it arexvy. [ tires screeching ] jordana, easy on the gas. i gotta wrap this commercial, i think i'm late on my payment. it's okay, the general gives you a break. yeah, we let you pick your own due date. good to know, because this next scene might take a while. for a great low rate, go with the general. the idea that the murder of diane holik had something to do with her attempt to tell her house was getting some traction. even the friend who remained so suspicion of diane's fiancée wondered about that. >> i just had a fleeting moment that maybe it was somebody dealing with a realty and selling of the house, because there were quite of people who came in, husbands and wives and stuff. i thought, maybe a has been found her attractive. made a move and she didn't go for it. >> tips for flooring into the police station from women who all shared a similar story. they describe the man who claimed to be in the market for a new home, but to seem to be shopping for something more sinister. one woman provided police with a mystery man's fingerprints. remember, detectives thought the crime scene had been wiped clean, so there is no way to match it. but there was a new caller and she was about to give them more. >> she basically had told us that months earlier this man, with the same story, had come to her home but in a different neighborhood. >> very affluent, so kind of matched? >> he was insistent about wanting to go in and see that house. she immediately got a creepy feeling from him and told him no. and her husband said, if he ever comes back, you need to call the police or get his license plate. it really scared her. about six months later, he came back. he was very insistent ongoing into see her house and she told him no. she was not going to allow him to come in. so she called the police. >> nothing happened then. the reaction that she got was, like the other women. the police could hardly arrest some guy for just seeming creepy, but this woman wrote down the name and the phone number and more important his license plate number. stuck it on her fridge. instinct? luck? maybe both. >> she didn't know if he would come back. she thought it was concerning enough she would leave it on the refrigerator just in case and gave us the original piece of paper she wrote his license plate down with. >> and-- >> well, we immediately ran his license plate, and it was a minivan. and it was registered to patrick russo and his wife, janet russo. >> patrick russo, could he be the guy that creeped out all of the women and could he also be the killer? the last known address was in a rural area a half-hour outside austin. they decided to pay a visit. it is a pretty drive to bastrop county. the live oaks, cypress trees. but at 4:00 a.m. the detectives were not exactly taking in the view as they drove to russo's home, hoping it was a lead that would shed light on the murder of diane holik. all they had were stories about a creepy guy looking at houses for sale. was patrick anthony russo that guy? maybe. maybe not. dawn was hours away when they knocked on his door. the man who woke up to answer it looked like the sketch. coming up, patrick russo seemed an unlikely killer. >> i got my ged. i went to college. i studied for theology to become a minister. >> odd coincidence, he was in diane's area the day she was killed. >> do you remember ever talking to her? >> when dateline continues. rsv is in for a surprise. meet arexvy. ( ♪♪ ) the first fda-approved rsv vaccine. arexvy is used to prevent lower respiratory disease from rsv in people 60 years and older. rsv can severely affect the lungs and lower airways. arexvy is proven to be over 82% effective in preventing lower respiratory disease from rsv and over 94% effective in those with these health conditions. ( ♪♪ ) arexvy does not protect everyone and is not for those with severe allergic reactions to its ingredients. those with weakened immune systems may have a lower response to the vaccine. the most common side effects are injection site pain, fatigue, muscle pain, headache, and joint pain. rsv can be serious. talk to your doctor or pharmacist about arexvy today. rsv? make it arexvy. a torrent of tips called in austin police led tech to tracy garrison and -- to the doorstep of patrick rousseau, a man matching the description of the mysterious stranger scene in diane holik neighborhoods the day of the murder. >> we told him his name had come up an investigation in austin and he basically just told his wife that these things will happen from time to time because he is a convict and out on parole and not to worry, he would be back in a couple of hours. and we left. >> on the right to the police station, he said he went by his name tony, and not surprised that they want to talk to him. >> it's a possibility of -- that's okay. i understand that. >> he seemed eager to help and wanted detectives to know that he had turned his life around when he was in prison. >> i spent my entire eight years in prison doing nothing but engulfing myself in a better life. i got my ged, i went to college, i studied for theology to become a minister. >> it was behind bears were tony met his wife, janet, or church volunteers. since his release, he said, he published an autobiography about his tough childhood. his redemption. >> i have a ministry i go into prisons with. i go into churches and i share testimony with them on how they can deal with youth or whatever that is headed the wrong direction. >> at his local church he said he was the minister of music. >> what is the job at the church that they pay you for? >> my job is to make sure that the music or any kind of music being done for church services is handled whether i play it or have someone play it. >> in the spare time he fronted a christian rock band. >> what is the name of the band? >> broken silence. >> broken silence. good name. >> again said tony russo he was more than willing to cooperate with the investigation any way he could. >> i would be happy to do whatever it takes to do whatever you guys need. i don't have any problem with it at all. >> they asked him where was he when diane was murdered. did he have an alibi. thursday, that was the big day of the storm wasnt it? i spent time at the church. i went to knle here in austin. >> a christian radio station. tony said they were helping him create a website for his christian rock band. >> okay. >> let's see, i talked to my wife and i was pulling into the parking lot. that would have been about 4:00, i believe. nobody came to the door. i went ahead and left. >> you made the trip up there for nothing? >> pretty much. >> then he got caught in the awful storm. >> got lost for a good hour or so. i got on the phone with my wife. she stayed on the phone with me. started getting later. that is when the heavy winds started coming. the tornadoes, i guess. >> what time did you get home finally? >> my wife is better at the timing on this than i am. 5:30 i guess or 6:00. i am not really sure the time frame. >> thing was, diane's house, where she was killed, was not far from the radio station. >> do you remember ever talking to her? >> no, sir. >> tony said he had never seen diane. >> never talked to her? >> no. >> interesting. then detectives asked if he had been doing house hunting. >> any reason why you would be in the neighborhood looking for a house? >> no. >> none whatsoever? >> no. >> they knew a thing or two about that and the detectives leaned on him a little. >> you want me to tell you how serious this is. >> i feel like i am getting pretty banged for it, i dont even know what this is for. >> she is dead. this is the homicide unit. >> i have done a lot of things wrong in my life and i don't care what anybody says about me. i am telling you that as bad as i feel for this woman here, i am sorry. you guys are barking up the wrong tree. go ahead. search my house. my car. even offered to take a polygraph. i don't care how hard you dig, you are not going to find me committing any crime like that. any crime period. >> tony's wife, janet was helpful too and her story about that day was just about the same as his. >> i think he had gotten pretty scared and he doesn't know his way around austin that well. he had circled back around going west. >> candle is a nickname for knle, the christian radio station. when the interview ended tony asked to see janet. >> i promise you i never did anything to anybody. i promise. i think about how it affects you and our church and everything we work so hard for. >> tony and janet answered all of their questions, have been cooperative and tony gave them a swab of his dna and fingerprints and the police thanked them and took them home. coming up, the interview, part 2. this one a little tougher. >> any reason why someone might have seen your van over there. >> surely i don't have the only pewter ford minivan in the town. >> that's true. that is true. >> when dateline continues. me luxury creams just sit on top of skin. but olay goes 10 surface layers deep. our clinically proven hydration beats the $500 cream. to strengthen my skin for smoother, brighter results. your best skin yet. olay. 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[ tires screeching ] jordana, easy on the gas. i gotta wrap this commercial, i think i'm late on my payment. it's okay, the general gives you a break. yeah, we let you pick your own due date. good to know, because this next scene might take a while. for a great low rate, go with the general. he snores like an angry rhino. you've never heard an angry rhino. next scene might take a while. baby i hear one every night... every night. okay. i'll work on that. save 50% on the sleep number limited edition smart bed. plus, 36 month financing on select smart beds. i'm just delaying with a look shop now only at sleep number. at the hour's top stories. former president donald trump has been warned by the district judge overseeing his d.c. trial not to make inflammatory statements about the case and public. judge tanya chutkan says she will, quote, take whatever's measures are necessary to protect witnesses and safeguard the proceedings. former ceo of crypto exchange ftx sam bankman-fried is headed to jail after his beloved. revoked district judge lewis kaplan said there was probable cause to believe the defendant attempted to tamper with witnesses. i'm just delaying now back to dateline. t dateline >> the day after police interviewed tony russo and his wife, they brought him back in. again, he was cooperative. said he was surprised to be a suspect in of all things, a murder. >> i have done everything that i can to make the best life for my family and myself, being caught up in this whole thing is such a mind boggler that i feel like i am in a nightmare state. >> bits of information and a story about a creepy man that looked a lot like him are stacking up. detectives asked about the up scale neighborhoods where several women reported seeing him, often driving his minivan. >> any reason someone saw your minivan over there? >> surely i don't have the only pewter minivan in this entire town. in the entire state of texas that has that license plate on it. >> that is true. that is true. >> by the time the detectives interviewed tony they checked for priors. guess what, that conviction, the one he was on parole for was for kidnapping. with a very particular twist. >> he had gone into an office where a woman was alone and tied her up with zip ties and choked her. he did not kill her, but he did choke her. >> disturbingly familiar given what happened to diane holik. a decade before the murder tony confessed to kidnapping and was sentenced to 20 years in prison. it was there he met and married janet and was soon after patrolled after serving only 1/3 of his sentence. the kidnapping charge wasn't all they found. even earlier, years earlier there was her. >> it had actually been a quiet day. >> she encountered him in lake jackson, texas. all alone in her building's rental office and a man walked in. >> he wanted to look at a two bedroom apartment for himself and his girlfriend, he says. >> donna showed him an available apartment. >> we are walking down the hallway. we get back to what would be the master bedroom. so i opened the closet door. and i went into the closet to turn the light on and in a split second he had me by the throat. >> she struck out at him, trying to scratch and claw to get away. >> before i knew it i was on the floor face up and he was straddling me with both of his hands around my throat. just squeezing. >> tight? >> very tight. i wasn't able to speak. i wasn't able to breathe. i was thrash. i was kicking. bucking. everything they could do until he grabbed my hands and pinned them under his knees. i couldn't move my hands. it dawned on me that this is it. this is the end. >> is this absolute terror? >> it is absolute terror to where your life flashes before your eyes and -- >> and you think i am going to die. >> this is it. >> then she thought no. this would not be it. she thrashed about until she was able to free her hands. >> i put my hands on his forearms, trying to pull him away. i had a high neck sweater on and he kept pulling it down to look at my neck. his eyes are very different and scary. it was like flipping a switch. a very crazy look. >> donna said that all she could think of. >> i have been gone too long. they know what apartment i am in. they will come looking for me. he would say you are lying. don't lie to me. you better not be lying to me. he would call me profanities. he would strike me. >> still holding on to you. your throat? >> yes. >> he realized that yes, there was a possibility someone would be coming to look for her. as quickly as he had become a monster. >> his expression changed again. completely took his hands off of me and he just went like this and he covered his face and he sat back up and said i can't believe i did this. are you okay. >> like he is a different person now? >> yes. >> to the point where he was apologizing profusely for doing this. asking me if i was hurt or okay. he helped me up, off of the floor. helped me collect my necklace that was torn off. >> he begged donna not to call the police. but she did. and he confessed. he was convicted of misdemeanor assault and he was put on probation. but as the years went by he attacked five other women in similar ways, including his kidnapping victim and now being questioned by austin police about a murder including zip ties, murder and said he knew nothing about it saying the similarities with earlier incidents are coincidences. >> is disgusting to hear you talk about being a devout christian and how much you turned your life around when one after another this whole thing goes back to similarities that i am sure are coincidental back in 1989. 1991, 1992. you are this reborn christian? you are going to sit here and lie about it. >> the truth was at that point police could only prove patterns of behavior, patterns that tony insisted he broke when he became a born-again christian. really? the detectives set up a trap and asked him it has fingerprints could possibly be found on a real estate flyer. >> have you ever handled a real estate flyer for a house for sale in west austin? >> no. >> then your fingerprints shouldn't be on it? >> correct. >> even as tony insisted otherwise they already received the test results from the real estate flyer saved by that woman. >> thank you lord, tony russo's fingerprints were positively on that flyer. >> what happens? >> well, we knew it was him. we just weren't able to put him anywhere. now we had him. >> true. they had him recently in the home of a woman who was terrified by his behavior. but they didn't have him in diane holik's house. to get that they needed time. they were worried if he would run. then the prosecutor had a idea. when tony russo said he didnt touch the flyer, that was a lie. and lying to the police was a parole violation. >> so the d.a.'s office cleverly came up with a charge that allowed us the time we needed to send off the d.n.a. and the physical evidence to put him at her house. >> so, into jail went tony russo. coming up -- >> there were five guys standing like on a theater setting. >> showtime with a script as victims come face to face with tony russo. >> do you have any information about the floor plan of the house. >> do you have any information about the floor plan of the house. >> i did not expect him to be right in front of me. that was extremely frightening. >> when dateline continues. inez, let me ask you, you're using head and shoulders, right? only when i see flakes. then i switch back to my regular shampoo you should use it every wash, otherwise the flakes will come back. he's right, you know. is that tiny troy? the ingredients in head and shoulders keep the microbes that cause flakes at bay. microbes, really? they're always on your scalp...little rascals... but good news, there's no itchiness, dryness or flakes down here! i love tiny troy. he's the best. make every wash count! little help, please. >> it was a bit of a reach, frankly. tony russo for lying about leaving his fingerprints on that flyer. still, tony was on parole. his flyer was a parole violation. detectives wanted him safely behind bars. mind you that they already noticed something like the fact that tony changed the look of his fan after he became a suspect. >> he took all of the pinstriping off of his van, which several of the women noticed. >> he went to some trouble to make the car look different. >> yeah. changed the symbol of the christian fish, took that off. >> they searched tony's van, top to bottom and didn't find diane's engagement ring or anything that belonged to her in the van and a search of tony's house came up with nothing but outside the house they found zip ties appearing to match the markings on diane's wrist and tracked down his alibi, asked employees at the christian radio station if tony could have knocked on the door without being seen. the radio people said no, not possible. >> as part of their tornado protocol everybody in the building had to go to the front lobby of the radio station. no way he could have shown up there without them not knowing. >> yet his cell phone pinged in the area, happening to be near diane's neighborhood. the women calling in describing a tall, darkhaired man with a big nose and a beer belly. could they make a case against tony? >> we had so many women that let him into their homes in different neighborhoods all over austin, south, north austin and even real estate agents he called. >> could any offspeed tony russo as their guy? >> we felt like we needed to do a live lineup. the phrasing that he used was so specific and the women remembered his voice and story. >> they rounded up austin police officers who looked like tony and put him and then in the lineup and brought the women in. >> there were five guys standing like on a theater setting. >> number one. take one step forward. >> couple of feet above me and down below. >> repeat the following phrase. you have a beautiful house. >> you have a beautiful house. >> we had a script that each person had to step forward and exactly repeat what the detective was telling them to say. >> i am going to pay cash for the house. >> i am going to pay cash for our house. >> everything said to these women when he went into their homes. >> i came to the house before, didn't i. >> i came to this house before, didn't i. >> repeat the following phrase. do you have any information about the floor plan of the house? >> do you have any information about the floor plan of the house? >> he was number one, right in front of me. i did not expect him to be right in front of me. that was extremely frightening. >> i picked him out of the lineup immediately. i was feeling a lot of guilt. i don't know why. i just feel what could i done. this man was with me. >> how many picked out the right guy? >> i believe it was 15 women. >> out of a total of how many? >> i think 30. >> eyewitness testimony is not great and does not carry a lot of weight in the trial. >> yes. >> they needed something definitive to put tony russo in diane holiks house. >> what did the dna tell you? >> the swab on her hand was a mixture that was consistent with a combination of diane and russo. >> was it enough for sure? >> no. it is not the type of dna that you could eliminate the rest of the world. it was helpful. we sent the hair off to a lab and they did a dna test on the hair and again, we could not exclude mr. russo. >> you couldn't say for sure. >> couldn't say for sure. >> so close, just not quite the absolute proof they were hoping for. but the dna provided one helpful service. police confirmed the alibis of the fiance, dennis, ray, these eliminated them as suspects. >> we could not eliminate mr. russo. >> six months after diane's deaths, tony russo was charged with murder. a risk? maybe. the evidence they were going to take to court did not absolutely link him to the murder of diane. then, with the trial almost upon them, they found something. something almost beyond belief. >> in my wildest dreams i never imagined that, a website like this could even exist. >> coming up. the dark side of the web. and tony russo. >> you certainly had your motive. >> yes, we did. >> in my wildest dreams i never imagined that, a website like this could even exist. >> coming up. the dark side of the web. and tony russo. >> you certainly had your motive. >> yes, we did. >> when dateline continues. of bipolar depression feel darkest before dawn. with caplyta, there's a chance to let in the lyte. caplyta is proven to deliver significant relief across bipolar depression. unlike some medicines that only treat bipolar i, caplyta treats both bipolar i and ii depression. and in clinical trials, movement disorders and weight gain were not common. call your doctor about sudden mood changes, behaviors, or suicidal thoughts. antidepressants may increase these risks in young adults. elderly dementia patients have increased risk of death or stroke. report fever, confusion, stiff or uncontrollable muscle movements which may be life threatening or permanent. these aren't all the serious side effects. caplyta can help you let in the lyte. ask your doctor about caplyta. find savings and support at caplyta.com. so i didn't think i needed swiffer, until, i saw how easily it picked up my hair every time i dried it! only takes a minute. look at that! the heavy duty cloths are extra thick, for amazing trap & lock. even for his hair. wow. and for dust, i love my heavy duty duster. the fluffy fibers trap dust on contact, up high and all around without having to lift a thing. i'm so hooked. you'll love swiffer. or your money back! >> her personality was like this giant bubble that kept getting bigger and put as many people around to be in the bubble of fun life. she lived life to be having a good time. >> two years after diane's happy, vibrant life was so suddenly asphyxiated, her friends gathered again for a murder trial. friends and a whole group of women that never met each other, or diane. >> you can see that they were all attractive women. it looked like he had a type. >> it it was obvious what the man was looking for. >> the same determination to testify against tony russo, born-again christian, happily married man. the case against him, not so easy. >> it was the most complex murder case that i have ever tried. >> that is because without hard evidence linking tony to the murder or putting hadim im in ds house she would have to put it all into a coherent pattern for the jury. what are you going to tell them first and you script it out. >> there were the zip ties on the property. his cell phone pinged near her house. the radio station alibi was a lie. the dna could not eliminate him and all of the women could identify him as the creepy guy that wanted to buy a house with cash, cash he did not have. like this realtor who cried and prayed after her encounter with tony russo. she found it so terrifying to testify. >> i did not expect for patrick anthony russo to be sitting across from me within 10 to 12 feet. having to testify with that man looking at me was pe--petrify. >> he starts that tick in his neck. i said there he goes. he is doing it right now. >> they called the womans from younger years. >> phone call out of the blue after all of that time. >> she was not only surprised but angry. >> why did that have to happen and someone had to be killed before this was stopped. >> and it flooded right back. >> my heart started racing. just like being blindsided. >> some of the evidence came courtesy of tony's first wife. >> the first wife said he couldn't get aroused sexually unless he was choking her. >> the second wife confirmed he also choked her while they had sex. >> i will say that he does tend to put his hand on my neck. any time i feel my airway is getting restricted he always lets go. >> the strange and potentially dangerous fetish. isn't it possible he didn't want to kill diane? >> it is my belief that he did. just choking and not killing, it was no longer enough. it wasn't enough anymore. >> why was she so sure in because of what turned up during a forensic analysis of tony russo's computer. disturbing is too bland of a word. >> he was a member of a website that you had to pay money to see. described as tastily erotic death scenes and mr. russo chose the subcategory of asphyxiation. >> i never imagined a website like this could exist or anybody would want to see it. >> he felt a compulsion to go and choke people? >> yes. sexually aroused by women being choked. >> they nailed him big name. >> we were all thinking, okay. here we go. we are going to hear a whole bunch of stuff and the room was packed solid with people. his attorney stood up and said defense rests. there was a huge gasp in the room and then totally silent. >> diane's friend, lynn arrived. he said i need you to understand what happened to her. he put his hands in the air, he shook his hands like this as if he were choking someone. it took two and a half to three minutes for her to die. stood there and looked at his watch and just waited. for at least two and a half minutes, nothing moved in that courtroom. >> it was silent. he held the position with shaking hands until enough time passed a person would have died from being choked. >> all of a sudden slams his hand down on the table. i mean that's how long it took for her to die. we all broke down at that point. >> the defense did not call a single witness and made the case in the closing argument. the state failed to prove because it couldn't prove that tony russo was ever in diane's home, couldn't prove they killed her. tony did not testify. but he did talk to us. coming up, the verdict. >> when the jury walks back into >> the defense did not call a single witness and made the case in the closing argument. the state failed to prove because it couldn't prove that tony russo was ever in diane's home, couldn't prove they killed her. tony did not testify. but he did talk to us. coming up, the verdict. >> when the jury walks back into the jury box i can't look at him. >> when dateline continues. every business deserves a great deal. that's why comcast business is launching the mobile made free event. with our business internet, new and existing customers can get one year of unlimited mobile for free. it's our best internet. powered by the next generation 10g network and with 99.9% reliability. plus one line of free mobile for an entire year. it's the mobile made free event-happening now. get started for just $49.99 a month. plus, ask how to get one free line of unlimited mobile. >> darla davis put everything comcast business, powering possibilities. goli, taste your goals. she had into the case against tony russo. she believed he was a dangerous man who should never be set loose to sexualize another woman. the case was powerful overwhelming but nothing, not even the tiny bits of recovered dna could prove it they waited for the jury. -- were anything but calm at the hours pass. they waited for the jury. then, after 11 hours. >> when the jury walked into the jury box i can't look at them, i look down at the table and wait for the judge to read. >> and then -- >> we the jury found the defendant patrick anthony rizzo guilty of the offense of capital murder. >> it was great. we really worked for this one. >> so they did. and won a case which remains as relevant cautionary tale as it did in 2004 when the jury pronounced its jury verdict. >> that was eye-opening, the effect on her friends and the community as a whole and the real estate business. people need to see this and to be aware so maybe this will stop that from happening. >> tony russo, his hair has gone silver now. he is in prison for life. and here one friday morning he brought his bible to the barrier that separates his world from ours. his holy stamp of assurance what he was going to tell us about his role in the murder of diane holik. would be god's truth. >> the jury comes back to say guilty. what is that like? >> devastating when you are innocent. devastating. >> innocent? yes and -- i hear from the warden you got your bachelors in divinity. >> yes, sir. if i have to spend the rest of my life in here, i want to use it for christ. >> throughout our top he wore his christiane ideological badge unlike an accusation. >> i notice that in the media they love to sensationalize any christians or people that claim to be christians that somehow they just got it. there is some hidden secrets in their life. >> your victims were christians too. >> saying you are a christian and being a christian are two different things. >> you say you have to be totally honest? >> i don't think you have to be totally honest but there are things in your life that you will exhibit whether christ is in your life or not. >> and the evidence against him? he had answers for everything. like why he lied to the police when he said he wasn't looking out houses, when in fact he was. >> i did deny in the interview because i felt like i was going to incriminate myself. in the original interrogation. i did however share with my attorneys what had been going on. >> which was, he said, perfectly innocent research. >> looking at the different designs and things for a long time we talked about building a house, one of my friends from church lived in a mobile home, built a house on the back of his property. >> so, we wondered, why did he behave in a way that terrified all those women who testified in court against him. >> you have to admit it was a creepy thing to do? >> i don't know how creepy it is to look at houses -- >> to tell people a whole shaggy dog tale, lies, about why are there. follow them in the house, make them nervous. >> actually i preferred not to follow anybody through the house, they are the ones who want to show you the house, they tend to lead you. >> the rental agent he attacked and have strangled back in 1989. what you have to say to a woman like her? >> okay, i don't remember her at all, i don't. >> and yet, he confessed to attacking that women back in 1989. what about the witness so frightened by his visit to her house she and her husband saved his license plate number. they safe the license plate number because they were so freaked out. >> they kept for license plates, people who wanted to look at their house. >> not trisha darlove davis. his license number was the only one they saved. also estimable his decision to take the pinstripe-ing of his van just then, he said that wasn't because police were looking for it but because it had been vandalized. >> i was gonna redo the striving since i had put it on there. >> the zip ties police found wrapped around fencing on his property? they belong to a friend, he said. and the statement by his wife, janet, that he would some times choker during sex. >> i mean i will say that he does tend to put his hand on my neck. >> i never choked anybody. >> you choked your wife. >> no i did not. >> she said you did. >> no she didn't. >> she said -- >> i know what she said. >> she said it's part of the sex. >> that's not true. >> she is lying? >> no that is a manipulation of what she is saying. >> by whom? >> i'm telling you that's not what she said. >> we reminded tone he had been married twice, and in marriage number one same issue. your ex-wife said you choked her. and that's how you got sexual arousal. >> okay. >> the only way you can get sexual arousal. >> well, i'm not going to detail to embarrass her. so i would rather not say anything about her. >> you know it's a tactic, don't you. i've seen this done 1000 times. >> you can call it a tactic. >> if you have something to say about the woman, say it. but don't do that we're i'm not going to say a bad thing about her because it would be mean to her. that is bs, and you know what. >> under the standard that would be bs, as a christian it is not. >> we asked about the pornographic website purporting to show the killing by execution of women. the one he had to register and pay for before he could access it on his computer. >> i cannot help that porn sites pop up -- >> they don't pop up on a computer unless you look at some porn site or others. there is an explanation for everything? >> well, there is a truth to everything. >> oh yes, tony rousseau had an answer for everything. >> i'm absolutely innocent. it disgusts me that every time you try to say you are innocent, everybody says isn't that what everybody says? >> have you confess the ultimate seemed to go on? >> what is the ultimate sin? >> murder. >> if i had murdered so my definitely would have. >> and you say with your hand on your bible -- >> i will die claiming my innocence. people can believe it or not. i absolutely am innocent. i don't care how guilty i look. i am innocent. >> he couldn't convince any courts of that though. all his appeals failed. so here he will stay. outside this institution, several women still struggle with the anxieties and fears and prisons of their own. created by him. >> it comes back anytime or have a call from a man who wants to see a house and it's single, every time. i could have been a victim. i wasn't intended victim, that's when he called me. so, that is a hard thing to think about. >> and, they told us, the trauma lives on. though -- >> it's comforting to know that he is in there. he can't hurt anyone else. >> they are sorority sisters, of a sort. who, unwilling to live their lives as silent victims came together to help get tony rousseau off the streets for good. >> we did our job and we got him convicted. >> so they did, this is started. for the sake of a woman whose faith might have been there, diane. the friends came together to remember how they miss her. even after all these years. >> she was a constant friend. she was in my life every day. all of a sudden she was gone out of my life. in an instant like blowing a candle out. >> you see the smile and all the photographs, was she always smiling? >> always! >> yeah. she had a magic smile. it was infectious. if she was smiling everybody else how to. >> you had to. >> i'm andrea canning and this is dateline. >> i stood there in the hallway where that pool of blood was, where her office was. whoever did this knew this facility and knew it well. >> a head turning new twist in the crime that stumped everyone from the start. >> seven years. we are seeking justice for michelle for almost seven years. >> a mom of two murdered at work. >> a lot of blood. a lot of trauma. >> there were pry marks on her office door. >> what was in that office that anyone would want? >> that's the mystery. >> a case blown apart when a secret relationship

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Transcripts For MSNBCW Dateline 20240704 : Comparemela.com

Transcripts For MSNBCW Dateline 20240704

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character. >> he was always very affectionate tour, and he didn't like. it >> everyone was suspect. >> then a break. tips from other woman who had been targeted, too. >> he wanted to get me in there and i didn't budge and all the bells were going off. >> i took off. i felt i had dodged a bullet. the who is frightening, but the white was much worse. >> in my wildest dreams i never thought result like this could even exist. >> he certainly had a motive. >> yes you did. >> it was the afternoon of november 15th, austin, texas. four pm, there is something ominous in the air. the smell of it, the familiar feel of it against the skin, a storm coming. something big. >> they did tell us on the news if you don't have to go out tonight don't. >> in the sky overhead turned dark by midnight in the afternoon. >> when it gets like that, it is pitch blackout. you have the fear of tornadoes. >> sure enough said the announcers on tv, twisters had been spotted headed to parts of the city, including the northwest. >> diane lived in the northwest. i said hey girl, they said there was a tornado heading in your direction. she said my direction. she is like i don't know what to do. i have never been in a tornado. >> she must have been freaked out. >> very freaked out. >> the ferocious rain and hellish win and funnel clouds dipped and swirled around the city. the next morning, a friday, it was all over. friends checked on friends but nobody could reach diane, the freaked out one. diane worked from home. worked for ibm. the friday morning, so unlike her she missed a conference call. >> it is 2:00. worried about you. >> all day phone calls from ibm and friends went to voicemail. >> diane, i was calling to see if you were going to show up tonight or not. >> she didn't. >> i got to the club and i was waiting and she didn't come. i spent all of my time wondering when she was going to show up. >> was she caught in the storm. was the house hit? a co-worker called the police who cruised over to diane's exclusive neighborhood and found her fine, big house unscathed. peered through windows. saw no one. they secured a key. they went upstairs. and there, all but hidden behind a guest room bed they found diane. >> someone had killed her. i actually had a scream of some sort. it's not true. that is not what happens. >> of course it was. diane, 43 years old, suddenly the unlikely center of a strange and disturbing mystery and a most unlikely victim of murder. >> absolutely lived a life with gusto. >> lynn had known diane since the 90s. >> we would vacation together and have so much fun and laugh and laugh and laugh. >> a lot of things that we like to do is that we hit the clubs a lot. >> lots of dancing. >> in the ladies room of an austin bar. >> you have on cowboy boots. you must know where a country bar is. i said my best friend is coming and we are going to go there. she said cool, i'm going to go with y'all. >> she had only been in town three weeks. >> diane said i am not dressed for the club. she starts pulling out western wear and putting it out right there in the parking lot. she was crazy. >> she was throwing on things. right there in the parking lot. we all went dancing all night long. she was having a blast and so happy she met the two of us because she said now i have me some dancing buddies. >> so, magnetic. which, said her colleague, lynn, helped to make her a fine recruiter for ibm. >> i would send her off to colleges and the kids would gravitate to her. she had a personality that stood out. >> and her attitude? endlessly adventurous. >> she pulled me out and said i need a half day off. she said i'm jumping in a balloon and going. >> she would always test the edges. >> yes. >> she would throw all kinds of parties at her house and invite everyone she knows. where are they may not know each other, but everybody knew her. >> yes. she was great. she just loved to have all of these wonderful people around her. >> in any room, any crowd, diane was the lure. especially to men. >> that was never a problem going out with her. she was like a magnet for all of us. >> there was always men around whenever diane was there. always. >> so, there were. now she was dead. and the one thing that seemed obvious there in that second floor bedroom. what happened to diane bore the mark of a man. coming up, a killer as calm and cool as he is cold-hearted. >> you commit the act of murder and you leave. you don't want to get caught. this person did not do that. that was odd. >> a suspect emerges, someone close to diane. >> interesting thing happened when she hits 40. she decided i need a partner and i need a marriage. >> when dateline continues. ---------- ---------- who needs that much more tide? 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[ tires screeching ] jordana, easy on the gas. i gotta wrap this commercial, i think i'm late on my payment. it's okay, the general gives you a break. yeah, we let you pick your own due date. good to know, because this next scene might take a while. for a great low rate, go with the general. i need it cool at night. you trying to ice me out of the bed? next scene might take a while. baby, only on game nights. you know you are retired right? am i? ya! save 50% on the sleep number limited edition smart bed. plus, 36 month financing on select smart beds. >> i got a page saying a woman shop now only at sleep number. was found deceased in her home. >> the detective learned if the call out did not tell them much, the crime scene probably would. bu when diane was murdered. >> we had the body. we had the scene. that was all in the beginning. >> they looked for evidence of forced entry, and there was none. >> the doors were locked. windows were all intact. >> either the killer knew her or she let the person in. in any event it certainly did not look like a robbery turned deadly. >> she still had the watch on and her tennis bracelet on and a charm stuck in her hair that was on a necklace that wasn't around her neck and she had money sticking out of the pocket. >> maybe diane's body would tell the story. the killer had hidden her under a bedspread. >> it appeared she was strangled. >> could have been a rope or flex bands used to exercise. >> clearly not somebodies hands. >> no. >> what about her eyes and face. >> she had it in the eyes. she appeared to have a bruise on the cheek like a rubbing type of a bruise. she had four of them on her stomach. >> a rubbing type of bruise. >> as if you were being dragged across the carpet. >> we also found a spot of urine where her body would have been. >> she must have been killed there and dragged behind the bed where they found her body. >> any indication she was sexually assaulted in any way? >> no. >> her clothes were not messed up. nothing to indicate that. she had no scratch marks. as we look at the body we notice faint red marks on the lips. that was interesting. there was no tie. there was no rope. there was no tape. that was rounder in the room, just read marks. >> little red marks that looked, somehow, familiar. >> it looked like two parallel lines, and then perpendicular to those lines are little lines that are probably a 16th of an inch apart. i've seen these marks before, sometimes on the flex ties that we used to make arrests. we thought, oh wow, he used zip ties to bind her. but then you would cut them off afterwards. he obviously cut them off afterwards, and we knew that immediately. >> detective mind went to the darkest of places. diamonds to been restrained with a zip ties, helpless, terrified as she watched her killer prepare the ligature and put it around her neck. >> what kind of horror did she go through? what was going through her head? >> after she was dead, the killer must have stayed for a while, carefully erasing any sign of his or her presence. >> so that, in itself, was odd. that does not happen a lot. you commit the act of murder and then you leave, you are scared, you want to get out of there and you don't want to get caught. this person, we did know for his mailers, email did that. >> who is this person so deliberate, cold. this was no safe forward case. >> i probably didn't sleep for 72 hours. >> as they chased down their endless questions. >> what does that leave you with? was it a targeted killing? with somebody angry with her? >> those are all possibilities, most of the time you're going to be killed by someone you know. sometimes it's someone you know very well. and, of course, we're all familiar with domestic violence so we want to see who is in the immediate inner circle of her life. >> diane's friends, they learned, she had been married years before, but had spent most of her adult life as a single woman and happily single into she changed her mind. she loved her single life and loved her independence. but an interesting thing happened when she hit 40. she decided that i need a partner, i see need somebody like my friends have. i need a marriage, i want things they have. >> so diane set out to find a mate. with the help of the dating service, it is just lunch and, pretty soon, she met a divorced father of two named dennis convoy. >> i think they truly, immediately had a chemistry. i think they were in love. he was a successful businessman. he was handsome, he took her everywhere and that is what she was looking for. >> just two months later, dennis presented diane with the bobble of a lifetime. a 20,000-dollar engagement ring. >> he loved her. he put her on a pedestal entry deter like a queen. she liked's daughter, she cared very much for his daughters, and that was a strong point. >> they made plans, as lovers do, dennis had moved from austin to houston. the idea was diane could sell her big house and moved down there, too. it was a down market than, but as diane told her friends, she met at least one potential buyer. but now, diane was dead and there were all those questions. not a robbery and, as the detective soon discovered, something was missing. that 20,000 dollar engagement ring. nowhere to be found. so, police wondered, where was fiancée dentist during the violent storm? and did he know something? coming up, a storm out side and in. >> they argued a lot. >> they had their ups and downs, no question, but -- >> no physical? fights >> nothing,. never. >> when dateline continues. teline continues 'dan i want a raise'! his name is bob. woolite protects your favorites from fading, pilling, and stretching. so you can wear them as long as you love them. new emergen-c crystals pop and fizz when you throw them back. and who doesn't love a good throwback? [sfx: video game sound] new emergen-c crystals. throw it back. it was true. all her friends knew it. diane holik was in love with the man she met through the dating service, smitten like a teenage girl. but, the road of love, as we all, know is not always smooth. they were engaged so quickly, too quickly? before long, they encountered some serious issues said her friends anita and sharon. >> they argued a lot. >> one example, her dogs who are like children to diane. but she told her friend dennis didn't want any dogs in the new house in houston. they fought, said your friends, about what he seemed to want her to be. >> she is always talking about he didn't want her to do this or that and that would cause arguments. >> she would not go along with it. >> she wouldn't. >> she was independent? >> yes. >> what was? he >> controlling. >> that can be a difficult combination. it was confusing. she proudly wore the spectacular ring, but the engagement was off and then, maybe, on again. that very weak, center friends, diane told them she still didn't know what to do. so she had gone back and forth? >> emotionally it was a rollercoaster for her because she couldn't see how it was going to work and none of us could see how it would work either. >> especially when she told sharon that she made a date with another man. >> we kept telling her, if you are still wanting to do these things, you are not ready for that. >> she had her house for sale, right? >> she was going to downside. if you didn't get married to down as she was going to downsize anyways, because this house was just way too big. >> -- a date with another plan, anita said she had seen dennis angry and so, after diane was murdered, she wondered -- >> maybe he had lost control this time and killed her. that was my first thought. >> detective -- asked dentist to come into the station where he agreed to speak with and without the aid of a lawyer. the detectives focused on the timeline. they believed diane had been killed that stormy, thursday afternoon or evening. her body was discovered about 5:30 pm on friday. >> we are definitely interested in where he had been for the last three days. he knew he was going to have to verify his alibi to us. >> at the station, dennis seemed upset but composed as he told investigators he was in his office in used in the night of the biggest storm, but exchanged online messages with diane back in austin that afternoon. >> it was like, hey, i'm working late, i'm getting ready to go home. she said i love you. >> okay. >> that was it. >> and you are at the office when, she sent out to? >> >> dennis said he got home from work late thursday evening and was back at the office early friday. >> we looked at the timeframe, good to have risen down to austin and murdered diane and theoretically durham back in time for work, and yes he probably could have. >> they checked diane's answering this sheen and found messages from him. this one was left on friday, the day after the big storm. she was dead by then. >> hey, if i don't hear from you i'm calling the police to drive by your house, okay. >> another message, saturday morning. >> diane, what is going on? give me a call. you have new worried to death. >> which could have been some sort of cover-up, of course. dennis admitted their relationship was if he. >> we ran into some rough spots, we are going to build a house in houston and i decided that, given the fact that we weren't getting along together very well, i mean there were no fights, we don't fight. everybody carries baggage in your relationships at this stage and our baggage was it clashing and we were working on it, but we decided not to be engaged anymore. stopped building the house. >> he said they were going to therapy, which was helping. >> we were really, really making breakthroughs. >> about diane's dogs, for example. >> she thought i was accepting the fact that her dogs were going to be in the house. >> and not long before diane was killed -- >> i remember her saying that she loved me and that she would jump at the chance to be in a relationship and marry me, no matter how long it took. we had our ups and downs, no question, but it was not like -- >> no physical fights? >> nothing, never. never even angry or loud words. it was just, it's stupid. she thought i should be more of a handyman kind of guy, like her dad. and i thought she should be more appreciative. >> was she faithful to you? >> i would be shocked if she wasn't. i would be stunned. >> everyone has his or are version of the truth, of course. dennis's story not at all what diane's friends said they had been hearing from her. >> i wanted, so many times, to just say you are so stupid because she did not want to marry you. >> detective gareth took fingerprints, collected's dna, and dennis, before he, left denys brought up another name. >> has anybody gotten a hold of gray? >> we're trying to figure out who wray is. >> wright was a colleague of diane's at ibm. >> he seemed to worship the ground she walks on. he seems to be attracted to women that are not attracted it to him. honestly, if i was a woman, he would give me the creeps. >> and, according to, dennis right and diane or not on good terms. >> they had out a falling out about a month or so ago. i don't know the exact nature of it. >> so, time for a talk with ray. coming up, a coworker with a crush, but did you want something more? >> i was always very spoiling her, and affectionate. >> when dateline continues. when dateline continues my tip is, send your kids a text. it may be the last time that you do. 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dennis for it wasn't him, but maybe he was suspicious, to. what about this guy, he asked? what about ray? >> there was a man that she worked with by the name of raphael chauncey, and she had actually hired him at ibm, so she was kind of his boss. >> maybe more than his boss? here is what diane's friends told the police and us about ray. >> he was johnny on the spot anytime he needed something. always call right, in my heart i truly believe that he loved her and would have married her. >> if you would have? >> if you would have him. >> it seemed off to dennis. wray's relationship to diane, he told the police, it was a little too cozy. obsessive maybe? >> he always felt like ray took a liking to her and was very infatuated with her. and he would always offer to take care of her dogs whenever she was out of town. always wanted to be close to her and so he thought that maybe he had too much of an interest in diane. >> what's more, ray had his own personal key to diane's house and, remember, there is no forced entry. the killer was either invited in or had a key. so, detective garish asked right to come into the station to answer a few questions, except it was ray who seemed to be full of questions. good >> we're working on. it >> unfortunately i didn't know anything about diane holik until i went to her house last night. >> i know a lot about. or >> he seemed excited to share what he knew. >> how long did you know diane? >> years. >> he was an odd character. super eager to help us, almost too eager. to the point where it just threw us off a little bit. >> -- so, my opinion of her with always takeover dogs. and two years she never had a dog sitter or house-sitter. i even changed my schedule so i could watch her house. >> so you might have had a crush on her? >> hell yeah, sure. i always had a crush on diane. >> diane didn't reciprocate your feelings? >> no, we are just friends. >> did that ever cause problems between? you >> know. >> arguments and stuff? >> in the beginning i was always very affectionate. >> they played good cop bad cop and now another detective came in and pressed right. >> she asked me, -- >> no sexual relationship? >> no. >> did you want to? >> i always wanted to, but never did. >> at first it was a little bit more formal than that, i guess. >> you never had a sexual relationship? >> never. >> so your dna shouldn't be found on her. >> do you mind giving us a little? >> if you want it. >> wray agreed that he did have a key to her house, but he also had an alibi. he was at work the day diane was murdered. >> did you punch a network? >> yeah. those are records you can use. and there are cameras all over the place. you can ask some people records. >> that day, ray said he state late at work and drove home through that terrible traffic created by the storm. he didn't get home until 10:30 pm and after that state -- >> i stayed home and didn't go anywhere. back to work in the next morning, i got to work at around 8:00. >> of course, they needed to verify all of that. but when they asked right about dennis, the fiancée. >> how did her and didn't get along? >> that's a loaded question. >> is it? >> i want the truth. if there are some problems. >> they were supposed to get married this november, but they didn't because they were getting problems. >> clearly diane had complicated relationships with dennis and ray. just had they had done with dennis, please fingerprinted right and took a dna swab. sharon told the detectives that diane had a date with a man the very night she was killed. they couldn't figure out who that man was, but they tracked down every man she ed met from the -- it's just launched. >> i interviewed every single day she had through that service. >> too many options. please wondered if diane had been strangled by a man she had met through a dating service, or a man she knew well? and yet, something it seemed to be missing. but what? this wasn't going to be easy. coming up, the funeral and the wedding and what some say was a former fiancée is extremely strange behavior >>. he did a morbid thing. i mean, beyond belief. >> and finally, a clue. >> was this one of his mistakes? >> when dateline continues. continues join me in the finish 24 hour challenge. start by cooking a lasagna. skip the rinse and load your dishes. 24 hours later when your dishwasher is full, let finish quantum clean your dishes. ♪♪ try finish quantum. unbeatable clean. unbeatable price. every business that's why comcast business de is launching theal. mobile made free event. with our business internet, new and existing customers can get one year of unlimited mobile for free. it's our best internet. powered by the next generation 10g network and with 99.9% reliability. plus one line of free mobile for an entire year. it's the mobile made free event-happening now. get started for just $49.99 a month. plus, ask how to get one free line of unlimited mobile. comcast business, powering possibilities. some people think you can only have one favorite team. well i beg to differ. that's why i got xfinity. so, i can catch all my favorite teams' out-of-market sunday afternoon games. and for the first time ever, no dish needed. in a word—it's fitz-credible... no. i got it, fitz-sational. i should trademark that. eligible xfinity rewards members can get up to $100 off nfl sunday ticket from youtube. sign up for xfinity rewards now. that is an affluent neighborhood, it's not normally where you find murder victims. >> darlene davis was worried. diane halle's body was fairly cold one prosecutor davis jumped on the case and encountered the problem. >> the fact that she lived by herself. >> there were men who wanted to change that a single status. and there is certainly reason to look at them carefully. but, the prosecutor worried, to about another process ability. >> we might have a stranger on stranger offense, which is way harder to solve. >> essentially a dead body, not much evidence around, and no idea who did it? >> exactly. i decided we are going to monday morning quarterback of the crime scene right away. >> that mentioned the investigators went back to diane's house and took a more in-depth look. >> and went over it with the alternate light source. if you do it in the dark, you just take it and put it on carpeting or any kind of fabric or the wall, or anything, and certain things will for us. >> for example if it was blood or something? >> the most alternate light source that we're looking for is seminal fluid. >> it didn't look like diane had been sexually assaulted, but they had to know for sure. and when they tested -- >> there were no indications that there was any seamen. anywhere. in that room or different parts of the house. >> nothing. no semen, no blood, no evidence of sexual assault. and apart from her missing engagement ring, nothing in diane's house seemed out of place except in the middle of the otherwise pristine living room. >> there, on the love seat, is this towel that is just thrown their. weird. >> it was definitely out of place. >> as of maybe it was left behind by the killer? was this one of his mistakes? was there anything found on that towel? >> there were some hairs. >> her hairs? >> no. >> there were seven hairs found on the towel. >> they sent the hairs to the dna lab and waited. while her friends planned the excruciating details from diane's memorial service here in austin. >> sharon found the funeral home and the lady do the makeup and everything. we went in with them and help them pick out her casket. >> and her dress, for an open casket. >> i needed to make sure that whatever we got looked right and covering the appropriate parts of. her seeing where the wounds were, or the ligature marks were, it was probably just as difficult as the day i found out she had passed. >> that is came to the service as expected, but -- >> he tended did not speak with anybody, which i found somewhat strange for a man that was so in love with diane. >> he didn't kind of sit front and center? >> he didn't come sit front and center, which surprised me. >> they watched him through a haze of grief and suspicion. when diane's parents flew her body from austin to their family home in new york for the funeral diane's friends went along. as did denys, but there, others diane lay in our open casket, something very strange happened. >> oh god. >> he did a morbid saying that just infuriated her parents. beyond belief. >> dennis had brought a minister with him to the funeral. >> to actually say the marriage vows to him as she was laying in the coffin. and then took her hand and put that gold bannon. i thought her mom was going to come unglued. >> diane's parents removed the ring, said her friends. though diane's family was uphold and her friends deeply suspicious, back in austin investigators were looking at all kinds of possibilities. dennis, ray, and another man diane had known remained on the list. their statements reviewed, their alibis checked and reject. it wouldn't be the first time loved turned murder. but that worry, prosecutor davis talked about, was that really what happened? was the killer some random projector? >> it's not a great feeling to know that you are going to have to expand out into the possibilities that this was somebody who was a stranger to her, because that makes it so much harder. >> that second search of the crime scene confirmed everything the detectives found the first time, including this killer, whether a lover or stranger, had been chillingly careful. clearly had prepared for what he or she was going to do. >> this person was trying to avoid being captured. >> so he kept zip tie off of her, and took the zip tie with him. >> and thus, removed the evidence. but there was this one other thing, just a passing comment. they heard it from anita, who, remember, was on the phone with diane as that huge storm was about to roll through austin. >> she said that she had somebody who had come by earlier and had looked at the house and was very impressed with it. i said that's good, she said i might finally sell this thing, you know. >> could that visitor be connected to diane's murder somehow? or that discarded towel, with those seven tiny strands of hair? coming up, a stranger knocking on doors. what happened next still on the women who answered. >> i jumped in my car, locked in the car, and took off. i felt by dodged a bullet. >> he wanted to get me in there and i didn't budge, i stood there and all the bills were going off. >> when dateline continues. continues ♪ it's the most wonderful time of the year ♪ ♪ non-drowsy claritin knocks out symptoms from over 200 allergens. without knocking you out. feel the clarity and make today the most wonderful time of the year. live claritin clear. the most wonderful time of the year. 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>> no, none. >> especially if that stranger is as careful as diane's killer appeared to have been. >> it was true whodunnit. >> the medical examiner who looked carefully for evidence of sexual assault, seamen, the killers saliva, dna under her fingernails, that sort of thing. and there was none. none at all. so, please 101, maybe one of the neighbors saw something, or someone suspicious. and, sure enough, not one but several neighbors had seen a stranger, a potential home buyer who was welcomed sitter, frankly, of a difficult housing market that here. they all agreed who is tall, a dark slicked-back air, and a big nose. anthony said he wanted to pay cash for a nice house. so is he the man who tore diane's house the day of the storm? >> you always try to find the last person who saw the victim alive and we thought well this man could be the last person to see her alive. >> who is this phantom home buyer? >> did anyone get a name? >> we didn't get a name, we just had a number. >> walter miller. of course they looked up the walter millers around austin and found two of them. neither one fifth that destruction though. and, the phone number the man left. >> it ended up being a fox machine. it belonged to the wife of a guy by the name of massie supple ski. >> what was he all about? >> he did have a background that involved drug addiction, assaults, he had had a restraining order push against him. then we eventually tracked down massie. >> and they realized right away he could not be the killer. >> he wasn't a neck brace. he had been in a bad accident and he had some paralysis in his arms. so we knew it couldn't be. him >> meaning this visitor, whoever he was, had left a fake name and phone number. who would do that? and then they found another neighbor who had talked to the guy, heard his story. they got a good enough look at him to help with a composite sketch. >> we are just on the 10:00 news. >> austin please ask for help in solving a murder. please want to question a man who is seen in the area a few days before that murder. the man was described as white, between the ages of 35 and 45, he's about six feet tall and neatly dressed. >> we were hoping to get tips. >> what do you know? before long women started calling. with tales about a man who wanted to buy a house. >> so, what were you hearing from people who may have had a visitor? was it the same story you are hearing? >> pretty much. >> we are getting the story about this guy who sold his ranch in south austin and had cash, him and his wife were looking to do this quick. this is a cool descriptions were all the. same >> colors like a tammy -- had curious details. >> he had on brand new jeans that were probably see three sizes too long. >> it was the kind of a strange thing that you remember, said royal estate agent tammy. >> he had on a shirt, a striped shirt that had wrinkles in it. i mean, folds. >> it just came out of the box? >> he just bought clothes, i am sure. it he had suspenders on, which nobody wears suspenders and it wasn't like is pants or falling off. >> but it is when she showed him into the house that her nerves went on alert. >> he said after you, after you. it was a standoff at the bottom of the stairs. i wouldn't go. my stomach is tight inside. >> tammy was wary. years earlier she had been raped by an armed customer at the store she managed. >> i knew my instincts and all that i had learned and been through were the reason that i was nervous about him. >> he said his name was jim sage. he kept trying to get her into upstairs rooms. >> he wanted to get me in there and i didn't budge, i stood there and all the bells were going all's. >> the next day, tammy called the police do report this gym sage. >> did he her to? did he threaten you? did he put his hands on? you i had to say no to all of that. they said i'm sorry, there's nothing we can do. >> but now, diane pollack had been murdered. strangled and with a shudder tammy remembered the man's odd suspenders. did he use them on diane holik neck? >> when did that hit you? >> after. after found out she was strangled. >> calls kept coming in. women with stories of a strange man posing as a home buyer, some truly hair raising stories. like what happened to ex realest eight agent melanie blunt six months before diane was murdered. a man had called her about one of her houses. >> it was a vacant listing and i asked him if he had been free qualified by a lender and i am paying in cash. so i drove over to meet him at the house. i go to the door to meet him and immediately he was behind me. he would never walk in front of me. >> which made melanie uncomfortable, especially because he only wanted to see vacant houses. and -- >> the whole time i was showing him the home, he was never looking at any room. he seemed to be more interested at looking out windows that needed the actual room. >> she said something else seemed off about him. >> he has a tick in his neck. he is constantly cracking and popping his neck and breathing very heavy. >> melanie wanted to leave, but then the man noticed the attached garage. >> he was adamant about getting in the garage. he said i really want to see inside the garage and started that neck popping. >> her hands shook as she tried to work the tiki in the door. >> it didn't open. i just turned to him and said i'm leaving. i jumped in my car, locked the car, and took off. i left him. >> she drove home, still shaking. >> i have never cried nor prayed so hard in my whole life because i felt i dodged a bullet. >> melanie called the police, to. she got the same message as tammy. >> they did not believe me. did he touch you, did eat her too? no, he did not. >> once she stopped the story about diane and the sketch. >> i looked at it and immediately knew that it was the same man. >> meanwhile, the police and prosecutor investigating diane's murder or working every angle they could think of. >> we were just coming up zero. >> so whoever this killer was knew what he or she was doing and was very careful about doing it just so. >> that was the impression we were getting and that is what was increasing our anxiety. >> so, they waited for dna results from those tiny hairs found on the towel in diane's living room. and they listened to the women calling in to tell them about the frightened by a mysterious would be home buyer. but who was he? and then, one more call and they knew. this could be their breakthrough. >> she said that she had seen the news and she thinks that that man had come to her house and she possibly had faith flyer that he had handled, that he had left behind. we were really excited about that. >> which meant that maybe there might be fingerprints. >> she saved this thing? >> she did it by accident. >> she didn't just throw it away? >> she actually picked up and put in the back of the stack. >> what happened before that to her was a story that, by this time, sounded all too familiar. >> she was excited to sell a house. she's going to pay cash, she wanted to bring his life back to look at the house and asked her if she could look around. she said sure. so she kind of followed him into one of the bedrooms and, when he got to the closet, you turned around on her and she said there is this awkward silence. he just stared at her. she became so uncomfortable that she thought something bad was going to happen. >> just then, in a nearby room, the woman's baby cried. >> and it gave her the opportunity to break the encounter with him to grab the baby and he followed her into the room and was standing behind her when she turned around with a baby in her arms. it must have spooked him. >> he just left? leaving behind the flyer? >> leaving behind the flyer. >> so they picked up the real estate flyer and brought in a latent pacing corporate expert. those parents might just belong to her killer. remember, they found no prints in diane's house to compare them to, in fact, and this was strange, even diane's own prints were hard to find. it was if the killer may have wiped them clean. >> there was really not even the fingerprints that you would think you would find in a house that was occupied. >> that is very rare. >> yes, it was very rare. and scary. >> scary because they couldn't know who he was. scary because, if he was a stranger just looking for a convenient to target, he had probably seen the stories on tv with a composite sketch and knew they were looking for him. so he could have changed his appearance or left the area, or even worse, might strike again somewhere else. but then there was this one more phone call from a woman who said she, to, had had an experience with a male home buyer. this color just might lead them to an actual person. coming up, -- >> she immediately -- from him. >> the break detectives had been waiting for. >> she actually wrote down his license plate and called police. >> when dateline continues. hen dateline continues in for a surprise. meet arexvy. ( ♪♪ ) the first fda-approved rsv vaccine. arexvy is used to prevent lower respiratory disease from rsv in people 60 years and older. rsv can severely affect the lungs and lower airways. arexvy is proven to be over 82% effective in preventing lower respiratory disease from rsv and over 94% effective in those with these health conditions. ( ♪♪ ) arexvy does not protect everyone and is not for those with severe allergic reactions to its ingredients. those with weakened immune systems may have a lower response to the vaccine. the most common side effects are injection site pain, fatigue, muscle pain, headache, and joint pain. rsv can be serious. talk to your doctor or pharmacist about arexvy today. rsv? make it arexvy. [ tires screeching ] jordana, easy on the gas. i gotta wrap this commercial, i think i'm late on my payment. it's okay, the general gives you a break. yeah, we let you pick your own due date. good to know, because this next scene might take a while. for a great low rate, go with the general. the idea that the murder of diane holik had something to do with her attempt to tell her house was getting some traction. even the friend who remained so suspicion of diane's fiancée wondered about that. >> i just had a fleeting moment that maybe it was somebody dealing with a realty and selling of the house, because there were quite of people who came in, husbands and wives and stuff. i thought, maybe a has been found her attractive. made a move and she didn't go for it. >> tips for flooring into the police station from women who all shared a similar story. they describe the man who claimed to be in the market for a new home, but to seem to be shopping for something more sinister. one woman provided police with a mystery man's fingerprints. remember, detectives thought the crime scene had been wiped clean, so there is no way to match it. but there was a new caller and she was about to give them more. >> she basically had told us that months earlier this man, with the same story, had come to her home but in a different neighborhood. >> very affluent, so kind of matched? >> he was insistent about wanting to go in and see that house. she immediately got a creepy feeling from him and told him no. and her husband said, if he ever comes back, you need to call the police or get his license plate. it really scared her. about six months later, he came back. he was very insistent ongoing into see her house and she told him no. she was not going to allow him to come in. so she called the police. >> nothing happened then. the reaction that she got was, like the other women. the police could hardly arrest some guy for just seeming creepy, but this woman wrote down the name and the phone number and more important his license plate number. stuck it on her fridge. instinct? luck? maybe both. >> she didn't know if he would come back. she thought it was concerning enough she would leave it on the refrigerator just in case and gave us the original piece of paper she wrote his license plate down with. >> and-- >> well, we immediately ran his license plate, and it was a minivan. and it was registered to patrick russo and his wife, janet russo. >> patrick russo, could he be the guy that creeped out all of the women and could he also be the killer? the last known address was in a rural area a half-hour outside austin. they decided to pay a visit. it is a pretty drive to bastrop county. the live oaks, cypress trees. but at 4:00 a.m. the detectives were not exactly taking in the view as they drove to russo's home, hoping it was a lead that would shed light on the murder of diane holik. all they had were stories about a creepy guy looking at houses for sale. was patrick anthony russo that guy? maybe. maybe not. dawn was hours away when they knocked on his door. the man who woke up to answer it looked like the sketch. coming up, patrick russo seemed an unlikely killer. >> i got my ged. i went to college. i studied for theology to become a minister. >> odd coincidence, he was in diane's area the day she was killed. >> do you remember ever talking to her? >> when dateline continues. rsv is in for a surprise. meet arexvy. ( ♪♪ ) the first fda-approved rsv vaccine. arexvy is used to prevent lower respiratory disease from rsv in people 60 years and older. rsv can severely affect the lungs and lower airways. arexvy is proven to be over 82% effective in preventing lower respiratory disease from rsv and over 94% effective in those with these health conditions. ( ♪♪ ) arexvy does not protect everyone and is not for those with severe allergic reactions to its ingredients. those with weakened immune systems may have a lower response to the vaccine. the most common side effects are injection site pain, fatigue, muscle pain, headache, and joint pain. rsv can be serious. talk to your doctor or pharmacist about arexvy today. rsv? make it arexvy. a torrent of tips called in austin police led tech to tracy garrison and -- to the doorstep of patrick rousseau, a man matching the description of the mysterious stranger scene in diane holik neighborhoods the day of the murder. >> we told him his name had come up an investigation in austin and he basically just told his wife that these things will happen from time to time because he is a convict and out on parole and not to worry, he would be back in a couple of hours. and we left. >> on the right to the police station, he said he went by his name tony, and not surprised that they want to talk to him. >> it's a possibility of -- that's okay. i understand that. >> he seemed eager to help and wanted detectives to know that he had turned his life around when he was in prison. >> i spent my entire eight years in prison doing nothing but engulfing myself in a better life. i got my ged, i went to college, i studied for theology to become a minister. >> it was behind bears were tony met his wife, janet, or church volunteers. since his release, he said, he published an autobiography about his tough childhood. his redemption. >> i have a ministry i go into prisons with. i go into churches and i share testimony with them on how they can deal with youth or whatever that is headed the wrong direction. >> at his local church he said he was the minister of music. >> what is the job at the church that they pay you for? >> my job is to make sure that the music or any kind of music being done for church services is handled whether i play it or have someone play it. >> in the spare time he fronted a christian rock band. >> what is the name of the band? >> broken silence. >> broken silence. good name. >> again said tony russo he was more than willing to cooperate with the investigation any way he could. >> i would be happy to do whatever it takes to do whatever you guys need. i don't have any problem with it at all. >> they asked him where was he when diane was murdered. did he have an alibi. thursday, that was the big day of the storm wasnt it? i spent time at the church. i went to knle here in austin. >> a christian radio station. tony said they were helping him create a website for his christian rock band. >> okay. >> let's see, i talked to my wife and i was pulling into the parking lot. that would have been about 4:00, i believe. nobody came to the door. i went ahead and left. >> you made the trip up there for nothing? >> pretty much. >> then he got caught in the awful storm. >> got lost for a good hour or so. i got on the phone with my wife. she stayed on the phone with me. started getting later. that is when the heavy winds started coming. the tornadoes, i guess. >> what time did you get home finally? >> my wife is better at the timing on this than i am. 5:30 i guess or 6:00. i am not really sure the time frame. >> thing was, diane's house, where she was killed, was not far from the radio station. >> do you remember ever talking to her? >> no, sir. >> tony said he had never seen diane. >> never talked to her? >> no. >> interesting. then detectives asked if he had been doing house hunting. >> any reason why you would be in the neighborhood looking for a house? >> no. >> none whatsoever? >> no. >> they knew a thing or two about that and the detectives leaned on him a little. >> you want me to tell you how serious this is. >> i feel like i am getting pretty banged for it, i dont even know what this is for. >> she is dead. this is the homicide unit. >> i have done a lot of things wrong in my life and i don't care what anybody says about me. i am telling you that as bad as i feel for this woman here, i am sorry. you guys are barking up the wrong tree. go ahead. search my house. my car. even offered to take a polygraph. i don't care how hard you dig, you are not going to find me committing any crime like that. any crime period. >> tony's wife, janet was helpful too and her story about that day was just about the same as his. >> i think he had gotten pretty scared and he doesn't know his way around austin that well. he had circled back around going west. >> candle is a nickname for knle, the christian radio station. when the interview ended tony asked to see janet. >> i promise you i never did anything to anybody. i promise. i think about how it affects you and our church and everything we work so hard for. >> tony and janet answered all of their questions, have been cooperative and tony gave them a swab of his dna and fingerprints and the police thanked them and took them home. coming up, the interview, part 2. this one a little tougher. >> any reason why someone might have seen your van over there. >> surely i don't have the only pewter ford minivan in the town. >> that's true. that is true. >> when dateline continues. me luxury creams just sit on top of skin. but olay goes 10 surface layers deep. our clinically proven hydration beats the $500 cream. to strengthen my skin for smoother, brighter results. your best skin yet. olay. 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[ tires screeching ] jordana, easy on the gas. i gotta wrap this commercial, i think i'm late on my payment. it's okay, the general gives you a break. yeah, we let you pick your own due date. good to know, because this next scene might take a while. for a great low rate, go with the general. he snores like an angry rhino. you've never heard an angry rhino. next scene might take a while. baby i hear one every night... every night. okay. i'll work on that. save 50% on the sleep number limited edition smart bed. plus, 36 month financing on select smart beds. i'm just delaying with a look shop now only at sleep number. at the hour's top stories. former president donald trump has been warned by the district judge overseeing his d.c. trial not to make inflammatory statements about the case and public. judge tanya chutkan says she will, quote, take whatever's measures are necessary to protect witnesses and safeguard the proceedings. former ceo of crypto exchange ftx sam bankman-fried is headed to jail after his beloved. revoked district judge lewis kaplan said there was probable cause to believe the defendant attempted to tamper with witnesses. i'm just delaying now back to dateline. t dateline >> the day after police interviewed tony russo and his wife, they brought him back in. again, he was cooperative. said he was surprised to be a suspect in of all things, a murder. >> i have done everything that i can to make the best life for my family and myself, being caught up in this whole thing is such a mind boggler that i feel like i am in a nightmare state. >> bits of information and a story about a creepy man that looked a lot like him are stacking up. detectives asked about the up scale neighborhoods where several women reported seeing him, often driving his minivan. >> any reason someone saw your minivan over there? >> surely i don't have the only pewter minivan in this entire town. in the entire state of texas that has that license plate on it. >> that is true. that is true. >> by the time the detectives interviewed tony they checked for priors. guess what, that conviction, the one he was on parole for was for kidnapping. with a very particular twist. >> he had gone into an office where a woman was alone and tied her up with zip ties and choked her. he did not kill her, but he did choke her. >> disturbingly familiar given what happened to diane holik. a decade before the murder tony confessed to kidnapping and was sentenced to 20 years in prison. it was there he met and married janet and was soon after patrolled after serving only 1/3 of his sentence. the kidnapping charge wasn't all they found. even earlier, years earlier there was her. >> it had actually been a quiet day. >> she encountered him in lake jackson, texas. all alone in her building's rental office and a man walked in. >> he wanted to look at a two bedroom apartment for himself and his girlfriend, he says. >> donna showed him an available apartment. >> we are walking down the hallway. we get back to what would be the master bedroom. so i opened the closet door. and i went into the closet to turn the light on and in a split second he had me by the throat. >> she struck out at him, trying to scratch and claw to get away. >> before i knew it i was on the floor face up and he was straddling me with both of his hands around my throat. just squeezing. >> tight? >> very tight. i wasn't able to speak. i wasn't able to breathe. i was thrash. i was kicking. bucking. everything they could do until he grabbed my hands and pinned them under his knees. i couldn't move my hands. it dawned on me that this is it. this is the end. >> is this absolute terror? >> it is absolute terror to where your life flashes before your eyes and -- >> and you think i am going to die. >> this is it. >> then she thought no. this would not be it. she thrashed about until she was able to free her hands. >> i put my hands on his forearms, trying to pull him away. i had a high neck sweater on and he kept pulling it down to look at my neck. his eyes are very different and scary. it was like flipping a switch. a very crazy look. >> donna said that all she could think of. >> i have been gone too long. they know what apartment i am in. they will come looking for me. he would say you are lying. don't lie to me. you better not be lying to me. he would call me profanities. he would strike me. >> still holding on to you. your throat? >> yes. >> he realized that yes, there was a possibility someone would be coming to look for her. as quickly as he had become a monster. >> his expression changed again. completely took his hands off of me and he just went like this and he covered his face and he sat back up and said i can't believe i did this. are you okay. >> like he is a different person now? >> yes. >> to the point where he was apologizing profusely for doing this. asking me if i was hurt or okay. he helped me up, off of the floor. helped me collect my necklace that was torn off. >> he begged donna not to call the police. but she did. and he confessed. he was convicted of misdemeanor assault and he was put on probation. but as the years went by he attacked five other women in similar ways, including his kidnapping victim and now being questioned by austin police about a murder including zip ties, murder and said he knew nothing about it saying the similarities with earlier incidents are coincidences. >> is disgusting to hear you talk about being a devout christian and how much you turned your life around when one after another this whole thing goes back to similarities that i am sure are coincidental back in 1989. 1991, 1992. you are this reborn christian? you are going to sit here and lie about it. >> the truth was at that point police could only prove patterns of behavior, patterns that tony insisted he broke when he became a born-again christian. really? the detectives set up a trap and asked him it has fingerprints could possibly be found on a real estate flyer. >> have you ever handled a real estate flyer for a house for sale in west austin? >> no. >> then your fingerprints shouldn't be on it? >> correct. >> even as tony insisted otherwise they already received the test results from the real estate flyer saved by that woman. >> thank you lord, tony russo's fingerprints were positively on that flyer. >> what happens? >> well, we knew it was him. we just weren't able to put him anywhere. now we had him. >> true. they had him recently in the home of a woman who was terrified by his behavior. but they didn't have him in diane holik's house. to get that they needed time. they were worried if he would run. then the prosecutor had a idea. when tony russo said he didnt touch the flyer, that was a lie. and lying to the police was a parole violation. >> so the d.a.'s office cleverly came up with a charge that allowed us the time we needed to send off the d.n.a. and the physical evidence to put him at her house. >> so, into jail went tony russo. coming up -- >> there were five guys standing like on a theater setting. >> showtime with a script as victims come face to face with tony russo. >> do you have any information about the floor plan of the house. >> do you have any information about the floor plan of the house. >> i did not expect him to be right in front of me. that was extremely frightening. >> when dateline continues. inez, let me ask you, you're using head and shoulders, right? only when i see flakes. then i switch back to my regular shampoo you should use it every wash, otherwise the flakes will come back. he's right, you know. is that tiny troy? the ingredients in head and shoulders keep the microbes that cause flakes at bay. microbes, really? they're always on your scalp...little rascals... but good news, there's no itchiness, dryness or flakes down here! i love tiny troy. he's the best. make every wash count! little help, please. >> it was a bit of a reach, frankly. tony russo for lying about leaving his fingerprints on that flyer. still, tony was on parole. his flyer was a parole violation. detectives wanted him safely behind bars. mind you that they already noticed something like the fact that tony changed the look of his fan after he became a suspect. >> he took all of the pinstriping off of his van, which several of the women noticed. >> he went to some trouble to make the car look different. >> yeah. changed the symbol of the christian fish, took that off. >> they searched tony's van, top to bottom and didn't find diane's engagement ring or anything that belonged to her in the van and a search of tony's house came up with nothing but outside the house they found zip ties appearing to match the markings on diane's wrist and tracked down his alibi, asked employees at the christian radio station if tony could have knocked on the door without being seen. the radio people said no, not possible. >> as part of their tornado protocol everybody in the building had to go to the front lobby of the radio station. no way he could have shown up there without them not knowing. >> yet his cell phone pinged in the area, happening to be near diane's neighborhood. the women calling in describing a tall, darkhaired man with a big nose and a beer belly. could they make a case against tony? >> we had so many women that let him into their homes in different neighborhoods all over austin, south, north austin and even real estate agents he called. >> could any offspeed tony russo as their guy? >> we felt like we needed to do a live lineup. the phrasing that he used was so specific and the women remembered his voice and story. >> they rounded up austin police officers who looked like tony and put him and then in the lineup and brought the women in. >> there were five guys standing like on a theater setting. >> number one. take one step forward. >> couple of feet above me and down below. >> repeat the following phrase. you have a beautiful house. >> you have a beautiful house. >> we had a script that each person had to step forward and exactly repeat what the detective was telling them to say. >> i am going to pay cash for the house. >> i am going to pay cash for our house. >> everything said to these women when he went into their homes. >> i came to the house before, didn't i. >> i came to this house before, didn't i. >> repeat the following phrase. do you have any information about the floor plan of the house? >> do you have any information about the floor plan of the house? >> he was number one, right in front of me. i did not expect him to be right in front of me. that was extremely frightening. >> i picked him out of the lineup immediately. i was feeling a lot of guilt. i don't know why. i just feel what could i done. this man was with me. >> how many picked out the right guy? >> i believe it was 15 women. >> out of a total of how many? >> i think 30. >> eyewitness testimony is not great and does not carry a lot of weight in the trial. >> yes. >> they needed something definitive to put tony russo in diane holiks house. >> what did the dna tell you? >> the swab on her hand was a mixture that was consistent with a combination of diane and russo. >> was it enough for sure? >> no. it is not the type of dna that you could eliminate the rest of the world. it was helpful. we sent the hair off to a lab and they did a dna test on the hair and again, we could not exclude mr. russo. >> you couldn't say for sure. >> couldn't say for sure. >> so close, just not quite the absolute proof they were hoping for. but the dna provided one helpful service. police confirmed the alibis of the fiance, dennis, ray, these eliminated them as suspects. >> we could not eliminate mr. russo. >> six months after diane's deaths, tony russo was charged with murder. a risk? maybe. the evidence they were going to take to court did not absolutely link him to the murder of diane. then, with the trial almost upon them, they found something. something almost beyond belief. >> in my wildest dreams i never imagined that, a website like this could even exist. >> coming up. the dark side of the web. and tony russo. >> you certainly had your motive. >> yes, we did. >> in my wildest dreams i never imagined that, a website like this could even exist. >> coming up. the dark side of the web. and tony russo. >> you certainly had your motive. >> yes, we did. >> when dateline continues. of bipolar depression feel darkest before dawn. with caplyta, there's a chance to let in the lyte. caplyta is proven to deliver significant relief across bipolar depression. unlike some medicines that only treat bipolar i, caplyta treats both bipolar i and ii depression. and in clinical trials, movement disorders and weight gain were not common. call your doctor about sudden mood changes, behaviors, or suicidal thoughts. antidepressants may increase these risks in young adults. elderly dementia patients have increased risk of death or stroke. report fever, confusion, stiff or uncontrollable muscle movements which may be life threatening or permanent. these aren't all the serious side effects. caplyta can help you let in the lyte. ask your doctor about caplyta. find savings and support at caplyta.com. so i didn't think i needed swiffer, until, i saw how easily it picked up my hair every time i dried it! only takes a minute. look at that! the heavy duty cloths are extra thick, for amazing trap & lock. even for his hair. wow. and for dust, i love my heavy duty duster. the fluffy fibers trap dust on contact, up high and all around without having to lift a thing. i'm so hooked. you'll love swiffer. or your money back! >> her personality was like this giant bubble that kept getting bigger and put as many people around to be in the bubble of fun life. she lived life to be having a good time. >> two years after diane's happy, vibrant life was so suddenly asphyxiated, her friends gathered again for a murder trial. friends and a whole group of women that never met each other, or diane. >> you can see that they were all attractive women. it looked like he had a type. >> it it was obvious what the man was looking for. >> the same determination to testify against tony russo, born-again christian, happily married man. the case against him, not so easy. >> it was the most complex murder case that i have ever tried. >> that is because without hard evidence linking tony to the murder or putting hadim im in ds house she would have to put it all into a coherent pattern for the jury. what are you going to tell them first and you script it out. >> there were the zip ties on the property. his cell phone pinged near her house. the radio station alibi was a lie. the dna could not eliminate him and all of the women could identify him as the creepy guy that wanted to buy a house with cash, cash he did not have. like this realtor who cried and prayed after her encounter with tony russo. she found it so terrifying to testify. >> i did not expect for patrick anthony russo to be sitting across from me within 10 to 12 feet. having to testify with that man looking at me was pe--petrify. >> he starts that tick in his neck. i said there he goes. he is doing it right now. >> they called the womans from younger years. >> phone call out of the blue after all of that time. >> she was not only surprised but angry. >> why did that have to happen and someone had to be killed before this was stopped. >> and it flooded right back. >> my heart started racing. just like being blindsided. >> some of the evidence came courtesy of tony's first wife. >> the first wife said he couldn't get aroused sexually unless he was choking her. >> the second wife confirmed he also choked her while they had sex. >> i will say that he does tend to put his hand on my neck. any time i feel my airway is getting restricted he always lets go. >> the strange and potentially dangerous fetish. isn't it possible he didn't want to kill diane? >> it is my belief that he did. just choking and not killing, it was no longer enough. it wasn't enough anymore. >> why was she so sure in because of what turned up during a forensic analysis of tony russo's computer. disturbing is too bland of a word. >> he was a member of a website that you had to pay money to see. described as tastily erotic death scenes and mr. russo chose the subcategory of asphyxiation. >> i never imagined a website like this could exist or anybody would want to see it. >> he felt a compulsion to go and choke people? >> yes. sexually aroused by women being choked. >> they nailed him big name. >> we were all thinking, okay. here we go. we are going to hear a whole bunch of stuff and the room was packed solid with people. his attorney stood up and said defense rests. there was a huge gasp in the room and then totally silent. >> diane's friend, lynn arrived. he said i need you to understand what happened to her. he put his hands in the air, he shook his hands like this as if he were choking someone. it took two and a half to three minutes for her to die. stood there and looked at his watch and just waited. for at least two and a half minutes, nothing moved in that courtroom. >> it was silent. he held the position with shaking hands until enough time passed a person would have died from being choked. >> all of a sudden slams his hand down on the table. i mean that's how long it took for her to die. we all broke down at that point. >> the defense did not call a single witness and made the case in the closing argument. the state failed to prove because it couldn't prove that tony russo was ever in diane's home, couldn't prove they killed her. tony did not testify. but he did talk to us. coming up, the verdict. >> when the jury walks back into >> the defense did not call a single witness and made the case in the closing argument. the state failed to prove because it couldn't prove that tony russo was ever in diane's home, couldn't prove they killed her. tony did not testify. but he did talk to us. coming up, the verdict. >> when the jury walks back into the jury box i can't look at him. >> when dateline continues. every business deserves a great deal. that's why comcast business is launching the mobile made free event. with our business internet, new and existing customers can get one year of unlimited mobile for free. it's our best internet. powered by the next generation 10g network and with 99.9% reliability. plus one line of free mobile for an entire year. it's the mobile made free event-happening now. get started for just $49.99 a month. plus, ask how to get one free line of unlimited mobile. >> darla davis put everything comcast business, powering possibilities. goli, taste your goals. she had into the case against tony russo. she believed he was a dangerous man who should never be set loose to sexualize another woman. the case was powerful overwhelming but nothing, not even the tiny bits of recovered dna could prove it they waited for the jury. -- were anything but calm at the hours pass. they waited for the jury. then, after 11 hours. >> when the jury walked into the jury box i can't look at them, i look down at the table and wait for the judge to read. >> and then -- >> we the jury found the defendant patrick anthony rizzo guilty of the offense of capital murder. >> it was great. we really worked for this one. >> so they did. and won a case which remains as relevant cautionary tale as it did in 2004 when the jury pronounced its jury verdict. >> that was eye-opening, the effect on her friends and the community as a whole and the real estate business. people need to see this and to be aware so maybe this will stop that from happening. >> tony russo, his hair has gone silver now. he is in prison for life. and here one friday morning he brought his bible to the barrier that separates his world from ours. his holy stamp of assurance what he was going to tell us about his role in the murder of diane holik. would be god's truth. >> the jury comes back to say guilty. what is that like? >> devastating when you are innocent. devastating. >> innocent? yes and -- i hear from the warden you got your bachelors in divinity. >> yes, sir. if i have to spend the rest of my life in here, i want to use it for christ. >> throughout our top he wore his christiane ideological badge unlike an accusation. >> i notice that in the media they love to sensationalize any christians or people that claim to be christians that somehow they just got it. there is some hidden secrets in their life. >> your victims were christians too. >> saying you are a christian and being a christian are two different things. >> you say you have to be totally honest? >> i don't think you have to be totally honest but there are things in your life that you will exhibit whether christ is in your life or not. >> and the evidence against him? he had answers for everything. like why he lied to the police when he said he wasn't looking out houses, when in fact he was. >> i did deny in the interview because i felt like i was going to incriminate myself. in the original interrogation. i did however share with my attorneys what had been going on. >> which was, he said, perfectly innocent research. >> looking at the different designs and things for a long time we talked about building a house, one of my friends from church lived in a mobile home, built a house on the back of his property. >> so, we wondered, why did he behave in a way that terrified all those women who testified in court against him. >> you have to admit it was a creepy thing to do? >> i don't know how creepy it is to look at houses -- >> to tell people a whole shaggy dog tale, lies, about why are there. follow them in the house, make them nervous. >> actually i preferred not to follow anybody through the house, they are the ones who want to show you the house, they tend to lead you. >> the rental agent he attacked and have strangled back in 1989. what you have to say to a woman like her? >> okay, i don't remember her at all, i don't. >> and yet, he confessed to attacking that women back in 1989. what about the witness so frightened by his visit to her house she and her husband saved his license plate number. they safe the license plate number because they were so freaked out. >> they kept for license plates, people who wanted to look at their house. >> not trisha darlove davis. his license number was the only one they saved. also estimable his decision to take the pinstripe-ing of his van just then, he said that wasn't because police were looking for it but because it had been vandalized. >> i was gonna redo the striving since i had put it on there. >> the zip ties police found wrapped around fencing on his property? they belong to a friend, he said. and the statement by his wife, janet, that he would some times choker during sex. >> i mean i will say that he does tend to put his hand on my neck. >> i never choked anybody. >> you choked your wife. >> no i did not. >> she said you did. >> no she didn't. >> she said -- >> i know what she said. >> she said it's part of the sex. >> that's not true. >> she is lying? >> no that is a manipulation of what she is saying. >> by whom? >> i'm telling you that's not what she said. >> we reminded tone he had been married twice, and in marriage number one same issue. your ex-wife said you choked her. and that's how you got sexual arousal. >> okay. >> the only way you can get sexual arousal. >> well, i'm not going to detail to embarrass her. so i would rather not say anything about her. >> you know it's a tactic, don't you. i've seen this done 1000 times. >> you can call it a tactic. >> if you have something to say about the woman, say it. but don't do that we're i'm not going to say a bad thing about her because it would be mean to her. that is bs, and you know what. >> under the standard that would be bs, as a christian it is not. >> we asked about the pornographic website purporting to show the killing by execution of women. the one he had to register and pay for before he could access it on his computer. >> i cannot help that porn sites pop up -- >> they don't pop up on a computer unless you look at some porn site or others. there is an explanation for everything? >> well, there is a truth to everything. >> oh yes, tony rousseau had an answer for everything. >> i'm absolutely innocent. it disgusts me that every time you try to say you are innocent, everybody says isn't that what everybody says? >> have you confess the ultimate seemed to go on? >> what is the ultimate sin? >> murder. >> if i had murdered so my definitely would have. >> and you say with your hand on your bible -- >> i will die claiming my innocence. people can believe it or not. i absolutely am innocent. i don't care how guilty i look. i am innocent. >> he couldn't convince any courts of that though. all his appeals failed. so here he will stay. outside this institution, several women still struggle with the anxieties and fears and prisons of their own. created by him. >> it comes back anytime or have a call from a man who wants to see a house and it's single, every time. i could have been a victim. i wasn't intended victim, that's when he called me. so, that is a hard thing to think about. >> and, they told us, the trauma lives on. though -- >> it's comforting to know that he is in there. he can't hurt anyone else. >> they are sorority sisters, of a sort. who, unwilling to live their lives as silent victims came together to help get tony rousseau off the streets for good. >> we did our job and we got him convicted. >> so they did, this is started. for the sake of a woman whose faith might have been there, diane. the friends came together to remember how they miss her. even after all these years. >> she was a constant friend. she was in my life every day. all of a sudden she was gone out of my life. in an instant like blowing a candle out. >> you see the smile and all the photographs, was she always smiling? >> always! >> yeah. she had a magic smile. it was infectious. if she was smiling everybody else how to. >> you had to. >> i'm andrea canning and this is dateline. >> i stood there in the hallway where that pool of blood was, where her office was. whoever did this knew this facility and knew it well. >> a head turning new twist in the crime that stumped everyone from the start. >> seven years. we are seeking justice for michelle for almost seven years. >> a mom of two murdered at work. >> a lot of blood. a lot of trauma. >> there were pry marks on her office door. >> what was in that office that anyone would want? >> that's the mystery. >> a case blown apart when a secret relationship

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