Steve, before you find out by the news, sam was dismembered. That. Thats when i just went off the end, deep end. I was angry. I was angry. Reporter the police were able to find all of sams body parts except his hand and head. The next day, the saturday, was his birthday, and i was praying for them to find sams head. A father has to pray on his sons birthday that they find his head. Go ahead and tell me how i feel. Reporter sams head was found in the park under scattered leaves on his 27th birthday. His hand was never found. It is beyond ghoulish. If theres a word in the english language that sums that up, i dont know what it is. A heros burial with full military honors. His alleged killer, Daniel Wozniak, was immediately charged with two counts of firstdegree murder. Daniels brother, tim, and Rachel Buffett would also be arrested not for murder but as accessories after the fact tim for hiding that backpack; and rachel, cops say she lied to them. Is that your true name, mr. Wozniak . Reporter . Either to protect daniel or to cover her we always felt rachel was a part of this. She was living with him. Reporter do you think that rachel was involved in this from the beginning . Yes. Yes, that she knew about it. She knew about it before this happened. I absolutely feel like i was duped by dan. Reporter while awaiting trial, rachel by then, out on bail made that appearance on dr. Phil, telling everyone she didnt know a thing. Did you know that he had any not until after the police did. Reporter steve herr was not about to let Rachel Buffett go on national tv without confronting her. I was aghast when i get a call saying youre going on tv. My son is dead. He was cut up into pieces, and you to come on here and. And go on the tv stations, poor me, that offends me. I understand. And maybe i made a bad judgment call by coming on here, but i didnt come out when everything first happened and said, oh, look at this horrible situation. Im the victim. You know, you didnt see me selling my story to hollywood to make a movie. Not yet. Reporter no hollywood version could be worse than what youre about to hear. Coming up. Youll see the killer to folks out there whose diabetic nerve pain. Shoots and burns its way into your day, i hear you. To everyone with this pain that makes ordinary tasks extraordinarily painful, i hear you. I hear you because i was there when my dad suffered with diabetic nerve pain. If you have diabetes and burning, shooting pain in your feet or hands, dont suffer in silence step on up and ask your doctor about diabetic nerve pain. Tell em cedric sent you. [ . Diggy . By spencer ludwig] capital one believes your bank should work for you, not the other way around. So capital one reimagined banking. . With a place that feels nothing like a bank. And helpful people that talk to you. Not sell to you. No minimums. No fees. And a toprated app, lets you bank right here. Thats banking reimagined. Whats in your wallet . Hi. My name is dan wozniak. Ill be playing the role of john reporter this is the face Daniel Wozniak presented to the world. Goddamn ill just say orange county. Reporter . A happy, fun loving actor. Yay reporter . Hamming it up alongside fianc . E rachel buffet. A real nice guy. But that is not who he is, says prosecutor matt murphy. So, whats the real face of Daniel Wozniak . The real face of Daniel Wozniak is dark and manipulative and flatout evil. Reporter a man so evil, he planned and executed two savage murders. Why . To pay for his honeymoon. Reporter desperate to impress his bride, the groomto be set his sights on friend and neighbor, sam herr, who he knew had saved all that money as a soldier. Who wouldve known that because he had built up a certain amount of money that that was going to cost him his life . Money and be penniless. Hed still be alive. Reporter wozniak told the police that he lured sam to the attic of this theatre pretending he needed help moving something. Sam being sam obliged, says mom raquel. He loved to help people, but he also was very naive. He just trusted people. Reporter he trusted wozniak enough to turn his back on him. Thats when the actor shot him. Reporter wozniak stole sams phone and credit cards, then left his body in the attic, then unbelievably performed his starring role in nine that night. Kara kessener was the stage manager. How did he seem . He seemed just like any other he did a great job. singing reporter this is the actual performance. Castmate Deborah Kennedy i remember getting goosebumps and going, yeah, daniel, nail it. Reporter it was that good . Yeah. singing applause reporter after the performance by then, about 10 30 p. M. On friday night daniel and rachel returned to their apartment. Then, he turned to covering uphi sams phone, pretending to be sam. That just kind of killed me when i found out that, you know, that she thought it was sam that was texting her. And, of course, she was the one, the first one to go and help him. Reporter julie, wearing the tiara she was to wear in her brothers wedding, went to sams around midnight. Daniel appeared, unlocked the she followed him in. Reporter he led her into the bedroom. Reporter he then wrote all yours, eff you, and cut her pants off. He wanted to set up sam. He wanted to make sam look like a rapist and a killer he police would be looking for him. Reporter why . Because the man has no heart and he has no soul, and he loved the idea of how clever he was. Reporter his murderous plot didnt end there. The next morning, saturday, he returned to the theatre where sam lay dead and began the devils work of hacking his body apart, an act he tells the how tragic was this murder plot . A greedy groom, the pursuit of illgotten gain, dismembers a young man and discards him like a piece of garbage. Reporter the prosecution deemed the crime so heinous, it warranted the Death Penalty. But wozniaks defense team was not rolling over. In spite of his confession to police, wozniak pleaded not guilty. Incredibly, it would take five and a half years to go to trial. No victims family should have to be put through that. None. Theyre in contempt of court, from my perspective. Reporter the families blame defense attorney Scott Sanders for filing numerous motions accusing prosecutors and the sheriff of misusing informants to elicit damning evidence against his clients. Youve got an informant. Hes talking. Reporter . Even though prosecutor matt murphy told the court he was not going to present evidence from any while the families waited, Daniel Wozniak made the most of his newfound celebrity. I want people to know that im a good guy. Reporter . Appearing on the show lockup. I enjoy long walks on the beach. Im an aries. laughs for fiveandahalf years, i have watched that man come into court wearing an orange jumpsuit, bounding in with a smile on his face like tigger the tiger. Reporter what is up with that smile . Daniel wozniaks smile is a point of manipulation. You know, he gets things that way. Sam and julie have been forgotten in all. Yes. Reporter . Of this . Unless we mention their names, for five years, for over 100 hearings, their names are not mentioned. Weve addressed the court a number of times. This case is about samuel herr and julie kibiushi. Youve got to put their names. Reporter last december, finally, their names would be spoken. Sam herr and Julie Kibuishi. Daniel wozniak murdered them both, and, ladies and gentlemen, we are going to get to a penalty phase. On trial for the double murder of Julie Kibuishi and sam herr. If found guilty, a jury could sentence him to die. Not good enough for this prosecutor. The Death Penalty is not enough for Daniel Wozniak on this. For justice to be done in this case, personally, id prefer proof of hell. Id prefer proof that theres. That theres something that is awaiting him after he dies. There are searches on google. Reporter matt murphy presented the evidence, painting a chilling portrait of a killer with no conscience. Ways to kill people, and sandals resorts. This is a guy whos planning to murder two human beings so he can have an awesome honeymoon down in. In mexico. Reporter then, there was the physical evidence the gun he stole from his own father to kill his victims and that backpack jammed with evidence. Now, from a forensic, cold, sterile analysis of evidence, it doesnt get any better than that on 23 witnesses over four days, including wesley freilich, who was arrested but never charged for his role in Daniel Wozniaks scheme. What was it like to see daniel in court . Disturbing. He was smiling at me. The man that murdered two people just sat there and just gave you this little. Just, like, this, like, acknowledged little smirk. Just. I think this is Daniel Wozniak, the play, you know . Its just this continuation of him being on stage. Reporter the defense declined to put on any witnesses. After a fiveday trial, Daniel Wozniaks fate was in the hands . Lots of vitamins a c, and, only 50 calories a serving. Good morning, indeed. V8. Veggies for all. Helped me find out that military service goes into my family pretty far back. That makes you more proud to be an american and more proud to be a veteran. I served in iraq in tikrit in 2009. When i took the ancestry dna test, i mean a few results came up that were really shocking. 11 of me comes from the part where i had served. We all come from such different backgrounds that you never know. Get the deeper story of you at ancestry. To turn knorr rice sides into something new, just saut . Some chicken. Stir in knorr rice sides with fresh tomato and basil and youve got knorr creamy bruschetta chicken. Knorr rice sides. Reporter steve herr knows that nothing can bring his son, sam, back. He is gone. I want justice now. Ill grieve for the rest of my the justice for it runs my life. And has the jury reached a unanimous verdict . Yes. Reporter after waiting five and a half years. The people of the state of california plaintiff vs. Daniel patrick wozniak. Reporter . It takes the jury just two hours to reach a decision. We, the jury in the above entitled action, find the defendant, Daniel Patrick wozniak, guilty of the crime of. Reporter Daniel Wozniak sits emotionless as a jury finds him guilty of murdering sam herr and Julie Kibuishi, a verdict that is a relief. But its not enough for the herr and kibuishi families. What he did to sam and then, of course, what he did to julie it warrants the Death Penalty. The quicker, the better. Reporter just two weeks later, the same jurors are back in the same courtroom for whats called the penalty phase. They will have to determine whether wozniak should be given life in prison or be sentenced to death. Tried seven other Death Penalty cases in his career, says his strategy is simple. It is get kibuishis and the herrs on the witness stand so that the jury can understand their pain. Ladies and gentlemen, he knew that sam and julie were loved. Now, you get to think about those people, and you get to think about those moms and what they have gone through. And you get to assign a weight to that. And thats the beautiful thing about a penalty phase, because its not his show anymore. And its about the families now. Its not about him. Reporter six people testify on behalf of sam and julie, but not one of wozniaks family members ever showed up to support him. The only one to speak about wozniaks character is a convicted felon, a friend he made in jail. By all accounts and everything that we did in the investigation, he has very nice parents, and that might be why theyre not here. Theyre nice people. They gave him every possible advantage, which, to a certain when youre making a determination about death. Reporter wozniaks defense attorney, Scott Sanders, tries to shift blame to Rachel Buffett, wozniaks former fianc . E. But, remember, shes not been charged with committing or planning the murders, just as an accessory after the fact. Youll see very soon, shes the smarter of the two by far. Their strategy is try to get as much attention away from Daniel Wozniak and what he did. Reporter pin it on rachel as much as they can. Yeah. They need a villain. Before the case goes again to the jury. Matt murphy recalls what he was feeling at that moment. Are you optimistic . Oh, gosh. No. I. They call it p. A. P. V. Psychosis. Reporter what is that . Post argument, preverdict psychosis. Every prosecutor turns into woody allen underneath their skin when a jury is out. Everybody is neurotic, and theyre selfdoubting and self loathing. Something to screw it up. Reporter to everyones surprise, the jury comes back quickly, in just a little over an hour. We, the jury in the above entitled action, determine that the penalty to be imposed upon defendant Daniel Patrick wozniak to be death. Its been a long five and a half years we kind of waited for this day. Reporter and it wasnt over yet. Fo sentence wozniak, sanders demanded more time to explore the informant issue and argue against the Death Penalty. Good afternoon. Reporter it would take eight more months before the families finally got their chance to address the court and the man who murdered their children. Steve herr stood surrounded by combat veterans who had served with sam. You, dan, are a coward and a poster boy for the need of the effective Death Penalty in my only regret . That this state wont let me kill this coward myself. Thank you. Reporter next, it was julies mothers turn. You took her precious life, and then you disgraced her. Why . What did she do to you . How could you do anything like that to my baby . Reporter judge conley then turned to Daniel Wozniak and read his decision. It is the order of this court that you shall suffer the Death Penalty. Reporter the trial of Daniel Wozniak finally ends, but the feelings of loss only deepen. This is her sheet. I can still scent. Reporter what do you miss . I miss my boy. Its an honor to be a father. Its the best thing in the world. Reporter forever the herr and kibuishi families will be linked, always remembering, never forgetting their beautiful children, sam and julie. Captioning sponsored by cbs captioned by Media Access Group at wgbh access. Wgbh. Org a new season, two cold cases. A young mother vanishes. One year later, an accidental butt dial to 911. Will it solve the mystery of what happened to shelly . I slit her throat. The clues, this sketch and this letter. I want to find out who we are following three big stories tonight. Tom brady quarterback tomorrow for the First Time Since his deflategate suspension. Support is flipping for president ial candidate donald trump after controversial comments about groping women. Calls tonight for him to drop out of the race. Hurricane matthew weekends but causes plenty of damage. Well have the latest on the storm. Well get to all of those stories within minutes. First, tom brady returns to the field tomorrow, his suspension for deflategate now over. Good evening. Im katie brace. And im ken macleod. A game you will see right here director steve burton is live outside the stadium in ohio for us. Steve . Reporter tomorrow afternoon this place is going to be absolutely packed with people. Everybody including cleveland fans want to see how brady does. When tom brady decides not to fight his suspension any longer, everybody went to the calendar and circled october 9 on the calendar. October 9 is here. That is the good news. And now it is all systems go for tb 12, tom brady. A full week of practice for brady. On the year, thats a start. And he was banned from having contact with the team since 4 00 p. M. Eastern time on the third of september. We know come tomorrow, all will be well with patriots nation when brady gets under center for the First Time Since the final preseason game in new york. While many seemed to be excited about bradys return, his coach is not letting on that this is an not anything more than just another football game. Have to do and not worry about what everybody else is doing. Play well as a team and each of us do our jobs. Leave the fans to fans. Start to do our job and see if we can compete. The man in the but he may not be making a big deal but trust me, hes fired up and so are bradys teammates. Wondering if how much sleep tom is going to get tonight. I tell you we cannot get bradys return, well see if the patriots can go 41 tomorrow afternoon. Thats the story in cleveland. Back to you. All right. Thanks. You get some sleep yourself. A good chunk of patriot nation has followed the pats to cleveland to be there for bradys return. Nikki giovanni spoke with some of them and continues our team coverage. Go pats. 640 miles from home, cleveland, ohio . Starting to feel like foxboro. Annual drive into enemy territory. Foxboro north and west. If you say so. Thats buffalo. Yeah. Patriots nation has arrived. Traveling by the busload. Welcome back their quarterback. Brady rules is going to we knew brady was back week five. Just happened to be in cleveland. So we said lets do it. Reporter fresh off his four game suspension tom bradys return th rearview, albeit still a sore subject. Never should have been gone first of all. I think hes going to do great. Hes going to be just fine. Everybody saying hes going to be rusty. No. No. Reporter despite his tie his hiatus, fans made the trek fully expect to see a show when tb 12 takes over. Yeah. This is good. Brady, dont forget about me. Im still going to kick your butts. You had it. Now its over. What you going to do when tom brady runs wild on you, brother . Yes mildly excited to see brady time return and the timing could not be more perfect. Brady has never lost 218 with an 04 record are worse. 50 in those situations. Beyond that patriots have won by an average of four touchdowns in those cases. Reporting from cleveland, nick giovanni, wbz news. Morning at 11 30 with patriots game day. Kickoff is at 1 00 right here on wbz. The fifth quarter postgame show is over on my tv 38. Go ahead and