20/20 - Devil in the Desert: Catching Nayeri
Episode Date: July 23, 2025In the final episode of Devil in the Desert, Hossein Nayeri and two other fugitives are on the run. Would Nayeri ever face justice? All episodes of "Devil in the Desert" are out now. Catch the whole ...series for free on Apple Podcasts, Spotify, Amazon Music, or wherever you listen to podcasts. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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This is Deborah Roberts here with another weekly episode of our latest series from 2020 and ABC
Audio, Devil in the Desert. Remember, you can get new episodes early if you follow Devil in the
Desert on Apple Podcasts, Spotify, or your favorite podcast app. Now here's the episode.
I'm Chris Hadfield, astronaut and citizen of planet Earth. Join me on a journey into the systems that power the world.
No politics, just real conversations with real people shaping the future of energy.
Listen wherever you get your podcasts.
January 25th, 2016, three days since the escape from the Orange County jail and three men on the run.
Dangerous men.
Hundreds of officials from Orange County
sheriff's deputies to the FBI had been searching
for the fugitives and had found nothing.
For Southern California residents,
nerves were beginning to fray.
Deputy District Attorney Heather Brown, who had been working the Nayari
case, was worried too, for public safety, but also her own safety. When Nayari had escaped,
he had left a printed picture of her and fellow DA Matt Murphy on his bunk. It seemed like a
clear message. I'm coming for you. And now it could be anywhere.
And Matt Murphy came to me and said, Heather, they're out of leads. And we need, at this
point, the sheriffs asked us to alarm the public. And you're just the girl to do it.
So Heather Brown called a reporter from the Orange
County Register. He asked her about Nayari's escape from jail.
Was she calling for a sheriff's investigation to find out how that had happened?
Brown said that it should be looked into.
I don't even know how he escaped.
But certainly we have questions, how did it happen so we can take measures so it doesn't
happen again.
But I have no idea.
This is what happens when you have seasoned criminals
and jails are overcrowded and unfunded.
Then he said, what was your first thought
when you learned he escaped?
And I said, when I got that text, I thought,
oh my God, they let Hannibal Lecter out?
And then I said, don't quote me on that.
I'm not saying, you know, he was eating body parts,
but I'm just saying of all the people
to escape, this wasn't a guy who stole a car.
This is someone who's capable of the most atrocious, heinous acts and people are in
harm's way.
That's what I said to him.
He goes, where do you think he went?
I go, I don't know if it was me.
I'd be in Mexico drinking margaritas by now.
But if I were Jose Nairi, I would be in the first non-extraditable country I could find.
By the next morning, the Orange County Register's headline did boost awareness of the hunt for Nayeri, though not in the way Heather Brown might have been hoping for.
Frontline on the paper, Hannibal Lecter on the loose,
D.A. calls for a sheriff's investigation. Apparently you're supposed to make that comment
about like, don't quote me on that
before you make the quote.
But in hindsight, it did make national news
so that people were alarmed.
All right, that is ahead, but first in this half hour,
the massive manhunt ramping up this morning
for those three violent convicts
who broke out of a maximum security jail.
Authorities now warning they could be anywhere in the US or even outside the country.
It wasn't just the investigators who were on the hunt to catch Nyeri.
Now everyone was looking for the man that had gotten away once again.
But his escape from jail was just the beginning of the strangest part of the Jose Nayeri saga, and for many in Southern
California, the most terrifying. I'm Matt Gutman, ABC News Chief National Correspondent,
and from ABC News, this is Devil in the Desert. Episode 6, Catching Nayeri.
Catching Nayeri. Alongside Nayeri, who investigators believed was the mastermind behind the brutal attack
and mutilation of a dispensary owner in Newport Beach, was Jonathan Tew, facing a murder charge,
and Bak Yong, who was in for attempted murder. The search for the three men was like looking for a needle in a state-sized haystack.
And that week, as news of Nayari's escape turned the local story into a national one,
I traveled to Orange County to cover it.
In Orange County, people were jumpy.
Sheriff cruisers darting here and there, lights, sirens, so far all false alarms.
On day seven of the escape, I was there in Santa Ana, the city where the central jail
was, watching this ever-expanding dragnet.
We were talking to terrified residents and business owners,
and I was there when we started to hear word that one of the escapees had turned himself in
just a few miles away. At around noon on January 29th, 911 dispatchers received a call from an
auto repair shop. The voice on the line said, those three inmates that escaped,
I have one of them, right here.
And at a place 911.
Hi, I'm calling about Buck Young.
I have him here, he's ready to turn himself in.
I'm sorry, who's ready to turn himself in?
It was Buck Young, the 43 year old murder suspect.
I raced down to the repair shop to find out what I could.
And by the time I got there,
Boc Young had already been taken into police custody.
But I met a friend of Young's.
He'd been the one to help him make contact with authorities.
He asked us to call the police so he could turn himself in.
And that's all we know.
Okay, how he got here, I don't know.
That's all we did.
Why did he choose this place?
We're just friends.
He knows us, he wants to make sure
that he get caught safely with nobody getting hurt.
It was all very confusing.
Why would a wanted man facing decades in jail
return from an otherwise successful escape, right back to the place
of his jailbreak.
Did this mean that the others, Tew and Nayeri, were they here in Santa Ana as well?
That day, police in ballistic vests, tactical helmets, and carrying AR-15-style rifles patrolled
Santa Ana in armored trucks,
hunting for Nayeri.
They scoured warehouses in the area of the auto repair shop.
I followed, hoping to be there
when they finally caught Nayeri.
Officers have been searching this entire area right now.
They're focusing on those containers with canine units,
but still those other two inmates remain missing.
Meanwhile, with Young in custody, investigators started to piece together where the men had
been for the last week.
As it turned out, the key to Bac Young's surrender was a fourth man.
Somebody who'd been on the run with the prisoners from the beginning.
But not as a fugitive, as a captive.
It was a seventy-one-year-old Vietnamese cab driver named Long Ma.
The day the men rappelled down the wall of the jail, they dialed for a taxi.
Since young and two both spoke Vietnamese, they called a Vietnamese taxi company, which
dispatched Long Ma. The three escapees piled into his cab in the late evening of Friday, January 22nd.
The men threatened the cab driver, who spoke almost no English, and forced him, at gunpoint,
to drive them around Greater Los Angeles.
But at some point, the group decided Ma's cab wasn't enough.
So on the second day of their escape, the group stole a white 2008 GMC van and forced
Ma to stay on as their getaway driver.
They'll stay together in a motel, the Flamingo Inn, on the outskirts of LA.
It was there, in room 116, that the men passed the weekend drinking and smoking cigarette after cigarette.
By Monday, Heather Brown's Hannibal Lecter comments had ignited a media firestorm.
The men watched the coverage of their own escape on television.
On Tuesday, the men left Southern California.
They drove the stolen van and the cab in convoy five and a half hours north to the bay area
where they pitched up in a new motel in San Jose.
But by now the mood was tense.
Longma later told investigators he saw the men bickering and even physically fighting
each other.
He said he thought that the fights were about him. He
worried that they were planning to kill him. During a private moment, Bak Yong apparently
told Long Ma, Nayeri wants to get rid of you, but I'm trying to help you.
Yong wanted to help Ma escape, and soon they would get their chance.
On Thursday, when Nayeri and Chiu left the motel
to get the van windows tinted, Long Ma and Bak Young
made a run for it.
They jumped in the cab and drove south.
And somewhere on their journey, Long Ma
talked to Young about the lessons of Buddhism.
He got Young to agree that when they got back to Santa Ana,
he would turn himself in.
By the next morning, Friday, exactly a week after the escape,
Bak Young did exactly that.
He handed himself in to authorities,
and he started talking.
Now, investigators knew
Nayeri wasn't in Iran,
he wasn't in Mexico,
he'd been right here in California the whole time.
That day, the Orange County Sheriff's Department
held a press conference telling reporters
that they would focus the search on San Jose,
but that they hadn't ruled out Fresno
because of Nayeri's links there.
I can't reiterate enough the importance of the white van.
We believe that Mr. Nayeri and Mr. Tu are together in that white van.
And as we have said all along, both should be considered armed and dangerous.
If anybody sees that van or sees anybody in the van, they should call 911 immediately. Yeah. January 30th, 2016, and 40 miles north of San Jose in San Francisco, it was a cloudy
Saturday morning.
A man named Matthew H. Chapman was taking his daily stroll from Golden Gate Park to
neighboring Haight-Ashbury. He was unhoused,
and he'd been sleeping in the park's botanic gardens. Every day, his routine was to walk to
a McDonald's for a coffee, and as a self-described news junkie, he would often grab a newspaper along
the way. So he knew all about the three escaped prisoners on the run from a Southern California jail.
about the three escaped prisoners on the run from a Southern California jail. As he exited the park, he noticed a white van in a nearby parking lot, and as he described
it later to a local news channel, KGO, it caught his eye.
First, it had no plates.
Second, it was the exact same make and model of a van that he had once used as a temporary
sleeping spot.
And now he could see that somebody else was doing the same thing.
I noticed people were sleeping in it because the windows were all steamed up, heavy, heavy
condensation.
I thought to myself, there's two people in that van because I used to live in a van.
Suddenly the van door opened and a dark haired man got out.
Hay Chapman immediately recognized Hussein Nyeri.
Well, I told myself, that's the dude.
That's gotta be the guy.
Hay Chapman started walking behind him until he saw two police officers passing by on the
other side of the street.
He started frantically waving, gesturing at Nyeri.
I'm like this flag and I go with my cane
and like this body language.
Boom, that's the guy.
He bolts, officer on foot bolts after him.
Another officer comes over and his cruiser comes up
and he says, I said, they're that way.
Backport, eastbound, backport standing now. Backport, walling.
Nayeri ran west along the edge of Golden Gate Park
and happened to run right past an SFPD station.
They caught up to him and arrested him on the spot.
Falling, going far, we got him down.
Hay Chapman then led police to the van in the parking lot where Jonathan Tew was still
hiding inside.
The great escape was over and the fugitives were sent right back to the Orange County
jail.
ABC's Matt Gutman is on the story from Santa Ana.
Matt, good morning to you.
Hey, good morning, Dan.
Now that the three are back behind the bars...
I was outside the jail that day that Nayari was returned.
I remember seeing him in an orange jumpsuit between two Orange County sheriff's deputies
who were escorting him into the jail complex.
The search for a fugitive had brought me into a story that was all at once shocking and
terrifying and intriguing.
The way that Nayari had scared people, the reign of terror, just his name held over Orange
County for all those days, it felt different.
In my 25 years of reporting, I've heard countless law enforcement refer to a suspect as a monster.
But in my experience, everyone has something that makes them human. Could I find that with
Nyeri? It would be years before Nyeri would appear in front of a judge, and while the world
waited for him to be brought to justice, I decided I would form a relationship with him,
I decided I would form a relationship with him, try to get to know him,
and ultimately meet him face to face.
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After Hussein Nayyari returned to the custody
of the Orange County sheriffs, he
was transferred to a maximum security unit
where he was kept in solitary confinement for 23 hours a day. If he moved around the jail,
guards would film everything he did. It was shortly after he arrived there in the early spring of 2016
that I started to write to him and, unbelievably, he started writing back.
started to write to him and, unbelievably, he started writing back. He was candid and surprisingly easy to chat with.
I asked him for a sit-down interview, no questions barred.
I was hopeful, but not expecting much because pretrial interviews are really risky for defendants.
But after many months of correspondence and weeks before his
rescheduled trial date in early 2019, he agreed. I drove down to the jail to meet
him excited but also nervous. I didn't know which Nayeri was going to show up.
Walking into the Theo Lacey facility here in Orange, California. I've been
waiting to do this interview with Nayeri
for nearly three years now.
We've exchanged letters, gotten to know the guy,
and I'm very eager to get him on camera
because he has an incredible story to tell.
And for the first time, he's willing to tell it.
So here we go.
It would be filmed at the visiting booth at the jail,
a tiny box with blue walls
with half a dozen guards present.
Nayari was allowed to wear a crisp white collarless shirt.
But when we asked for the guards to remove his shackles,
they said no.
Matt, Adam, thank you.
It's good to see you.
Take a seat.
Glad to close.
He now went by Adam rather than Hussein.
His voice had the same gravel to it that I'd heard in those calls with Courtney,
but he was warm, friendly even,
and we talked briefly about things we'd written about in our letters.
I knew our time together was short and I needed to cut to the chase to get to the charges
he faced.
First, the escape from jail.
When did you first start planning that escape?
I didn't, you know, it wasn't much of, there was not a whole lot of planning to go into
it as far as like, let's try to escape.
Some one thing led to another, it just came up as a...
On the escape, he was clear, he was guilty of that.
He'd hacked his way out of the jail cell.
In fact, he told me he had access to the roof for days before the escape.
But he denied that he was any kind of mastermind of the scheme.
But it wasn't all me, that's the thing.
It's a group effort.
And he was careful to mention that for a portion of the time he was on the lam from jail, no
one knew where he was on the lam from jail, no one knew where he was. In fact, he wanted me to see that even with total freedom,
he chose not to attack anyone, not his ex-wife,
not the prosecutors, no one.
Nobody had a freaking clue where we were, right?
Correct.
I could have hurt somebody in the public,
I could have get what I want, right?
I didn't, didn't I?
I sat tight, and I didn't do anything.
We smoked some herb, that's what we did.
God bless America.
I was getting the sense that he was now aware
of the monster he'd been painted to be.
Hannibal Lecter wanted some good press.
["Dreams of a New World"] And his legal team was working on that. The director wanted some good press.
And his legal team was working on that.
About 18 months after he was captured in San Francisco, his defense team released a stunning
video.
It was cell phone footage taken by Nyeri of his own escape from jail.
The son of Nyeri's lawyer was an aspiring filmmaker.
He'd edited the clips together and added a voiceover from Nayeri himself.
My name is Adam Hussein Nayeri.
You know, a lot of people like to credit us with some Houdini scape act all in eight minutes flat.
It's an interesting myth. Three guys sneaking out of a maximum...
The voiceover is eerily flat and it's a little strange that he so thoroughly documented a
pretty serious felony.
The video shows Nayeri and the fugitives removing the grate in their cell and shinning through
a hole, putting a hand back through to give a thumbs up to the camera.
And underneath it, a soundtrack scored their escape. ["The Fugitive's Week on the Run"]
It continues, showing moments from The Fugitive's Week
on the run, filmed in the back of the stolen white van.
This is our casa right now for the moment.
This is our crib, water, and all the basics.
By the end of the video, the voiceover bores on rambling.
He tells the viewer that he got totally crushed
by the reality distortion machine
and criticized Orange County law enforcement.
Rune, who polices the police? Please think for yourself. Question authority.
Think for yourself. Question authority.
Nayeri's defense team was convinced their edit of the footage would help their client's case.
was convinced their edit of the footage would help their client's case.
That ahead of the trial, it might undo the bad publicity
that Nayeri had built up, or at least soften it a little.
And maybe that's why he finally agreed
to sit down for an interview with me.
Why did you do that?
Why'd you shoot the video?
Believe it or not, it was all spontaneous.
If I had any clue that we were gonna, Why did you do that? Why did you shoot the video? Believe it or not, it was all spontaneous.
If I had any clue that we were going to, it's going to get released at some point.
If I'm going to need it to protect myself at some point, I would have done a probably much better job.
The escape and the video of it, he seemed comfortable talking about.
But things changed when I asked him about
the other crimes he was accused of,
the surveillance of Michael and his beating
and mutilation in the desert.
With those details, he was less forthcoming.
Why were you doing surveillance on this man?
I'm gonna leave that question when we get to trial.
We're gonna get to trial,
we're gonna get to the bottom of every single piece of that when the time comes, piece by piece.
Were you there at the kidnapping?
The kidnapping of the guy?
Yeah, the guy we were surveilling.
No, not at all.
You were not there?
Absolutely not.
Were you part of mutilating him?
I had to be there if I, I had to be part of it if I, so obviously not. Yes.
I kept asking him, trying different ways to get him to admit or at least acknowledge what
he was accused of, but he refused to budge.
I asked him about his ex-wife, planning to testify against him.
You know, a liar and a lawyer show me the difference.
She picked the right career after all, I guess.
That's the best I can say.
I thought about Nayeri as a high school wrestler, about something his coach said about him.
That in all the years he coached him, Nayeri never lost his cool on wrestling Matt.
He never let his anger take over.
That's the Nayeri I saw.
Calm, self-assured, and in control.
It's going to be all right, man.
You think?
I know.
One way or another.
What's going to happen at the end?
Well, I don't know.
I mean, what if you have to spend the rest of your life in jail, in prison?
Then I deal with it at that point.
This is life.
I mean, don't hang on to it so tight.
We had spoken for just over an hour
when the guard signals time's up.
Thank you, Alper.
Okay, great, thanks.
Matt, it was good to see you.
Duan.
Good to see you, Mike.
Have a good day, guys.
You too.
Even meeting Nyeri in person,
he still felt frustratingly out of reach.
But just a few weeks later, I would get to see Nyeri again, this time in court, in front
of the prosecutors, his ex-wife, and the victims.
The trial began on July 17, 2019, at the Harbor Justice Center in Newport Beach.
The courtroom was windowless and small, with too bright artificial lighting overhead.
Greg Prickett presided, with 20 years' experience as a California Superior Court Judge.
To Prickett's right were the seats that would soon be filled by the jury.
To his left was a door surrounded by a small cage.
Prisoners were transported through that cage on their way to the courtroom.
In front of the judge were long tables, almost touching.
At one side was Nyeri's defense team, headed by attorney Sal Chula in a tailored suit, salt and pepper hair.
Before the jury entered the room, Nayari in handcuffs was led through the cage and into
the courtroom. He was in shape and his muscles were visible under his tan suit. He took a seat
next to his lawyer. At the next table over was the prosecution team, district attorneys Heather Brown and
Matt Murphy, who was uncomfortably aware of the room's small size.
One of the funny things about the branch courts is the courtrooms tend to be smaller and everything
is just kind of like squeezed a little bit, you know? So I'm about, I mean, I'm maybe eight feet, maybe,
from a guy who I know absolutely hates my guts.
This case would mark a huge milestone for Matt Murphy.
After 26 years as a prosecutor,
he was retiring from the DA's office
and going into private practice.
This trial would be his last.
Just after 10 a.m., the jury filed in and took their seats.
Again, jury service is very important,
and I would like to welcome you and thank you for your service.
Judge Prickett spent 10 minutes or so
reminding the jury about the rules of the courtroom.
Then it was time for opening statements.
Heather Brown went first.
She warned the jury this isn't a case for the faint hearted.
There's nothing that I could say right now that could prepare you adequately for the
things that you're going to see and hear about during the course of this trial.
The prosecution, she said, would prove beyond doubt that it was Hussain Nayeri who was responsible
for the brutal crimes against Mary Barnes and Michael.
She laid out the evidence they would explore, from the blue glove with Nayeri's DNA on
it found in Kyle Hanley's truck, to the version of events that Nayeri's own ex-wife would swear to in court,
one that would show that he was guilty of the crimes.
In his opening statement, defense attorney Sal Chula asked the jury to keep an open mind.
Because things are going to change. I guarantee you, things are going to change. The charges against Nayeri were kidnapping, torture, and aggravated mayhem, which was
specifically about Michael's injuries.
He had pleaded not guilty to all of the charges.
And Nayeri's lawyer, Chula, said the prosecution's evidence was flimsy.
He argued that the police had planted the glove found in Kyle Hanley's
truck and that Courtney Shagarian was not a credible witness. The attack was horrible,
he said. We're all going to feel badly for Michael, he said. What I'm telling you right now,
this man right here did not do it. After opening statements were over, the prosecution presented their case.
They called Deputy Sheriff Williams to the stand, the first officer who found Mary in
the desert.
The jury was shown crime scene photos of Mary, Ziptide, and Dusty by the side of the road.
And pictures of Michael's injuries.
Heather Brown's warning was right.
The details of the attack on Michael were hard to listen to.
The prosecution called the victims themselves to testify.
Both offered harrowing descriptions of the night of the crime.
Michael told the court that the scars of where the bleach was poured on his wounds
were still visible, and when he drank alcohol, they bloomed up as red marks all over his
body.
But when the defense had their chance to cross-examine Michael, Nayeri's attorney focused on the
fact that immediately after he was rescued, Michael told police that his attackers had used Spanish words.
Later, both victims said that they believed the men were pretending to be Hispanic.
Chula made the point that Nayeri didn't speak Spanish.
Chula also questioned Michael's relationship with Kyle Hanley.
He asked about them partying in Vegas together.
It seemed like he was trying to open a door for the jury to doubt Nayeri's guilt.
He appeared to be saying it could all have been the work of a Mexican gang orchestrated
by Kyle Hanley.
Later that day the prosecution called Courtney Shigarian to the stand. It had been six years since she had seen her ex-husband in person, and now they would just
be feet apart.
I remember walking in the courtroom and he's at his table with his lawyers.
I kind of like sit down at first, but then I think it was Matt Murphy wanted to say something
to me, so he was going to take me into the jury room, talk to me, which caused me to walk by him.
And I looked at Hossein and he was like talking to his lawyer and kind of like giggling and
laughing and I just lost it.
And I started crying and getting hysterical and I don't know why I was crying or my heart
felt like it was beating out of my chest, like I was going to pass out. rushed me out, you know of his eyesight and I was like I can't look at him
I can't I mean it was it was just
too much
She said that at the time an investigator from the DA's office tried to calm her down
He gave her a tip
He said push yourself as far back in the chair as you can and use the judge's platform
to block your view of Nayeri.
Courtney went back into the courtroom and tried to scoot as far back as possible in
her chair.
It worked, but she couldn't shake the feeling that while she was in the same room as Nayeri,
she was in danger.
So I just feel like, you know, he's so capable of getting and doing whatever he wants to.
He's going to just jump over that table as his last thing and come and kill me.
With his witness back in the stand, Matt Murphy got Courtney to describe key details of the days before the attack.
I remember Kyla just come over the house and Hussein was playing. He said they were in the garage and he sent me she had seen Nayari playing with a blowtorch and taser days before the kidnapping she had seen
Nayari wearing a fake construction worker outfit matching the description of what Michael's neighbor
saw out her window she described how Nayari had been surveilling Michael's every move
how Nyeri had been surveilling Michael's every move. Hossain would take these trackers or cameras
and I saw him on many occasions.
He would pull the map up.
So he would take a tracker, put it on a car,
car would drive around so that there would be data.
He would take the device and put it into the computer
and then he would look and see where that...
Courtney could do a lot to tie together the details that supported the prosecution's version
of events.
And she could say that the night the attack happened, Nayari wasn't with her.
But what she couldn't do was place him at the scene of the crime.
And then the defense had their chance to cross-examine her.
Let me ask you some questions if you,
if you can't remember something.
It's all right just to say, you know, I don't remember.
Okay?
Courtney's use to the prosecution was as a witness
to Nayari's activities.
But Chula wanted the jury to see that Courtney was somewhat incentivized to lay all the blame
on Nayeri.
First, Chula focused on the moments in the case that looked bad for Courtney, like when
she answered the door to the police after Nayeri had abandoned the Chevy Tahoe on Balboa
Island.
She'd protected Nayeri and reported the car stolen.
That wasn't true?
Did you kind of have an attitude with the police?
You know what I mean by that, right? Uncooperative attitude, yes.
Sounds like you kind of got into their face a little bit.
Not sure if that's a fair characterization, but I definitely was uncooperative.
Then Chula brought up the moment Courtney's father had called her after Newport detectives
had contacted him to explain the trouble his daughter was in.
I would imagine at this point in time, after this conversation with your dad, I'm not sure
what your dad told you, but I would imagine you started to get scared.
That's embarrassing.
I mean, really scared, right? That's fair to say.
I mean really scared.
Right?
The whole situation is very scary.
I would think that at this point in time maybe you thought, uh oh, I may not be a lawyer. Were you having those kind of thoughts?
Courtney had been offered immunity in return for testifying against Nyeri,
and the defense team wanted the jury to think that her testimony was about a single thing,
saving herself.
After Courtney, the prosecution called a few more witnesses.
They were all investigators involved with the case in one way or another.
They ran through the recollections of the investigation and its findings, and then the
prosecution rested.
Now it was the defense's turn.
They called a long stream of officers from Newport Beach Police to the stand.
They asked them questions designed to create doubt about Nayari's involvement,
questions about, again, the fact that witnesses had said they saw or heard Hispanic men.
The defense also implied that evidence like the blue glove had been tampered with, pointing to
oddly timed crime scene photographs as proof. On the eighth day of the trial in the mid-afternoon,
the defense called Hussein Nayyari to the stand. You solemnly state that the evidence you shall give in this matter shall be the truth, the whole truth, and nothing but the truth to help you that?
I do.
This decision to put Nayyari on the stand was not spur of the moment.
It was a defense strategy that was planned before the trial began.
And it's a controversial one.
It's incredibly risky for a defendant to take the
stand in their own defense. Any accidental slip could be misconstrued by the jury or pounced on
by the prosecution. Many lawyers advise their clients not to speak in their own defense,
no matter how tempting it might be to take control of your own narrative.
But Nyeri's lawyers thought that their client's testimony was important to their case.
And they said, Nyeri seemed like he could handle it.
They coached him about how to withstand any possible cross-examination from Matt Murphy,
how to stay cool under fire.
And they hoped it would be enough.
Mr. Nyeri, were you born here in the United States?
No, I wasn't.
Where were you born?
I was born in Tehran, capital of Iran.
The defense began with a biography
of sorts of Hussein Nyeri.
They talked about his past. Building a picture
of Nayeri's early life allowed them to create an image of someone who had faced adversity,
who had interests and passions and goals. They talked about his entry into the world
of weed back in 2003.
It was very soothing. It was therapeutic to me, it was fascinating to me, botany, plant
biology in general, all that, I just got sucked into the world of marijuana in a science fashion
more like it than anything else at first.
They worked their way through the years until they arrived at 2012 and the days leading
up to the crime.
Nyeri said Kyle Handley told him that Michael had ripped him off.
Kyle had asked Nyeri to monitor the dispensary owner.
Nyeri told the court that he got paid to keep tabs on Michael for months.
And that explained the cameras and the trackers.
But the night of the kidnapping?
Nyeri said he knew nothing about the crime until days later when Kyle's charges were made public.
DA Matt Murphy wasn't buying it. It was a show. Matt Murphy didn't believe the jury was seeing
the real Nyeri. And for his cross-examination, he wanted them to see a different side.
So as a prosecutor, the goal is, you always, it's called getting them to flash, okay?
You always want a jury in a case of violent crime to see the real personality of your
defendant if you can when they testify.
You may begin your cross-examination.
Good morning, Mr. Murphy.
Good morning, Mr. Murphy.
So what I'm going to do is I'm going to...
Murphy's cross-examination began by picking apart the story
that the defense had created of Nayeri's earlier life.
Now, you dated Courtney when she was 16,
and I believe you were 23 at the time?
Yes.
Okay.
And when you found out…
Up until this point, Nayeri had been calm.
He'd been pleasant with his own attorney, and if not friendly, he'd been courteous
with the prosecutor.
Now something started to change.
It began when Murphy asked about a witness report that Nayari had physically
abused the ex-wife of one of his co-conspirators. And Nayari began to argue back.
Absolutely wrong. Mr. Nayari, we got all the time in the world, so you don't have to interrupt
me. I'm not going to interrupt you. Okay, so you got to let me finish asking the question
before you answer. And it's her city,, what the city is. Are we good?
I understand.
Okay.
Okay.
Are we good?
We're gonna do it.
We're good.
Okay.
Are you gonna start telling the truth once in a while?
Sir?
When Nayari said, are you going to start telling the truth, the prosecution table could barely
contain themselves.
Their eyes went wide.
Faces were hurriedly rearranged to hide smiles.
The judge stepped in.
Sir, sir, you may not make those kind of gratuitous statements.
You know better.
Yes, your honor.
Next question, please.
Murphy wasn't done.
He'd started going after Nayeri's claim
that he had no idea about the plot to kidnap and torture
Michael.
Wrong.
He wanted Nayeri to admit that he knew
more than he was letting on.
I set up the email accounts.
You set up this whole kidnapping, right?
You don't even believe that.
All right, I'm going to take that as a no
and ask my next question.
OK, so different names.
As Murphy tried to needle him, Nyeri would snap back.
Then he would purse his lips and blink quickly
as if to regain control over his outbursts.
It didn't seem to help.
I didn't set it up.
And you know the information.
Where was it set up? Fresno, California, wasn't it?
Mr. Nayari, I'm going to ask the questions.
Truth. Truth, please.
Mr. Nayari, do I need to admonish you in the end, sir?
Your Honor, he's shoving down information down the throat.
Ladies and gentlemen, I need you to please leave the courtroom.
At one point, Judge Prickett was forced to intervene again,
sending the jury briefly out of the courtroom
so he could remind Nayeri of the rules.
And then, when it came to his final question, Matt Murphy seemed to choose one that was
calculated to get a reaction out of Nayeri.
Around the desert, you cut off this piece.
Why couldn't you just leave it there in the hopes that it being reattached.
You're done.
Want to give us an answer for that? I'm going to give you an answer for that. Personally.
Personally, I'm done? That's what he said.
I'm done? What does that mean Mr. Piner?
He said are you done? What does that mean Mr. Mayer? So are you done?
So my question is...
I'm not going to even answer your question.
You don't even deserve an answer with that.
The room went silent.
Murphy got the flash he was looking for.
The question was, what would the jury
make of it?
Nayeri was the final witness of the trial. Now all that was left were the closing arguments.
In his statement, Matt Murphy told the jury, not only was Nayeri guilty, he was the guiding
force of the whole plot against Michael.
He said that Nyeri had lied to them throughout the trial.
His positioning of himself as a framed man was a falsehood.
Either the world was out to get him, Murphy said, or he's guilty.
When the defense had their turn, Nyeri's attorney asked the jury to use their common sense to
look at the allegations against Nyeri and ask, did it pass the test of reasonable doubt?
Once you reach a verdict, Chula said, you're done.
You can't come back tomorrow or the next week or the next year and say, I've been thinking
about it.
I think I got it wrong.
Those closing arguments were on a Friday. The judge gave the jury a weekend off, telling
them to be back in court on Monday morning to be given their instructions and begin deliberation.
Monday turned into Tuesday, Tuesday into Wednesday. Prosecutors might have been hoping for a quick verdict.
What they got was an agonizing wait.
Late on Thursday, the news finally came from the jury foreperson.
A verdict had been reached.
had been reached. All counsel are present, with the exception of Ms. Brown.
The defendant is present.
On the morning of August 16, 2019,
the courtroom once again filled up.
Nayari sat next to his lawyer wearing a gray suit
and staring straight ahead.
Superior Court of California, County of Orange,
Harvard Justice Center.
The people of the state of California versus Hosein Nayyari.
Case number 13CF-3994.
Verdict.
We the jury in the above entitled action find the defendant Hosein Nayyari guilty of two counts of kidnapping and one count of torture.
The only charge they didn't find him guilty of was aggravated mayhem, specifically related
to who had disfigured Michael's body.
They felt they couldn't decisively say that it was Nyeri.
When Nyeri heard the verdict, he shook his head slightly and turned his gaze to the ceiling.
He was sentenced to two consecutive life terms without the possibility of parole. Nayeri's verdict was in line with what separate juries had decided in the cases of his co-conspirators.
Kyle Handley was found guilty of kidnapping, aggravated mayhem, and torture and was also
given two life terms without the possibility of parole.
The third man, Ryan Kvororkian, AKA Mr. Brown,
pleaded guilty in 2021 to two counts of kidnapping
and one count each of burglary and assault with a firearm.
He was sentenced to 12 years and eight months in prison.
Matt Murphy, as planned,
retired from the Orange County Prosecutor's Office.
He now works in private practice and as a contributor for ABC News.
Within days of his sentencing hearing in 2020, Nayyari lodged an appeal with the courts.
The basis for the appeal was a series of wide-ranging complaints about his trial.
He said in part that Matt Murphy leaned too heavily on his Iranian heritage and that his
own attorney gave him ineffective counsel.
Later he would lodge a second concurrent appeal suggesting that the prosecution's evidence
was too weak to prove his involvement, and again, that his
attorney provided ineffective counsel.
It also questions Courtney Shigerian's immunity deal with Newport police.
The appeal argues that she was offered immunity much earlier than was claimed in the courtroom,
and that the prosecution assisted Courtney with complications
the case caused her with the State Bar Association. And lastly, that the prosecutors intervened
to help her retain her license to practice law. The appeal is an attempt to get a retrial,
this time without Courtney's crucial testimony. The first appeal was argued in February of 2025
and was denied, but the second is ongoing.
In early summer, the California Court of Appeals,
fourth appellate district heard the arguments of the case
and soon they'll release the details of their decision,
whether the appeal has merit or not.
At Nyeri's sentencing, Michael told the judge, quote, I live with the feeling of always looking
over my shoulder, never feeling 100% safe in any one location for any period of time.
And maybe this is why.
Because despite everything that's happened,
everything that Nyeri has done,
there has always been someone
who believed his side of the story.
In his trial, a juror, a young woman,
held out for four days, believing he should have
been acquitted of all the charges.
And whether it was a girlfriend covering for him when he fled the country, a cellmate helping
him cut a hole in a county jail wall, or a juror who believed his innocence and fought for it for four days, there has always
been someone in his corner, on his side, over and over and over again.
So even though he's now behind bars, his victims might always wonder, have we seen
the last of Hussein Nayyari, or does the man who charmed his way
to so many second chances have one more disappearing act up his sleeve?
Devil in the Desert is a production of ABC Audio, ABC News Studios, and 2020.
Hosted by me, Matt Gutman, this series was produced by Madeline Wood, Amy Padula, and
Kiara Powell.
Our supervising producer is Suzy Lu, music and mixing by Evan Viola.
Special thanks to Liz Alessi, Katie Dendas, Janice Johnston, Eamonn McNiff, Jake Lefferman,
Katie Moldauni, Chris Donovan, Nora Richie, and Michelle Margulies.
Josh Cohan is our Director of Podcast Programming.
Laura Mayer is our Executive Producer..