20/20 - True Crime Vault: Her Last Chance

Episode Date: August 28, 2024

Kim Long says she came home late one night to find her boyfriend murdered. A jury said she was the killer. But can a new attorney, and a new look at the evidence, set her free?  Originally Broadcast 02/04/2017 Learn more about your ad choices. Visit podcastchoices.com/adchoices

This is Deborah Roberts. Welcome to the 2020 True Crime Vault. Each week, we reach back into our archives and bring you a story we found unforgettable. Only a true psychopath could do this. A pool of blood coming from his head. Somebody had been paid to kill me. Why would you want your husband killed? Take a listen. Coming up...

A nurse and mother convicted of killing her boyfriend. The whole life is over. He was my life. 13 years fighting a murder charge. Her life passing her by. You're going away for life and you're coming out in a pine box. Some say she was a woman with a short fuse. I went to bed thinking, man, am I even going to be alive when I wake up? But this lawyer says that doesn't add up to murder.

Kim definitively could not have done it. New evidence emerging. The cigarette butt revealed unknown male DNA. And challenging a witness who speaks from beyond the grave. She says the cops are going to want to talk to you. And I said, did you tell them that we... A man who had never been cross-examined thoroughly.

Does she have a shot at freedom? My motto is I'm never going to give up. I will find a way. In the matter of Kimberly Long. Her last chance. I'm John Quinones. A woman drinking all day and fighting with her boyfriend says she came home late at night to find him bludgeoned to death. She doesn't want to tell police where she's been and they find 50 minutes of her story missing. So perhaps it was no surprise when Kim Long was charged and convicted of murder. But was she guilty?

There was no murder weapon, no blood on her clothing. There was, however, a woman who fiercely believed in her innocence. As Matt Gutman first reported in 2016, the question was, could she give Kim Long a shot at freedom? It's 10 o'clock at night, and while most of us are at home, Alyssa Burekle is at the office. My motto is, like, I'm never going to give up. I will find a way. An attorney with the California Innocence Project, Burekle is so devoted to crusading for her client's release from prison

that their cases literally move her to tears. How do you tell someone that even with that evidence of innocence, they're going to die in prison? In this case, that someone is Kim Long, a Southern California emergency room nurse, a mother of two little ones found guilty of savagely killing her live-in boyfriend. If it can happen to someone like Kim, who's a nurse in the community, who's a mother, who's just your average American family, it could happen to any one of us. And that's what's scary. Nurse, mom, daughter. That's the portrait of Kim Long her attorneys want you to have. But the prosecution has painted Long as a drunk, an aspiring biker chick, and brutally violent. I'm not that person. I'm not a mean, malicious person.

So who's the real Kim? She agreed to talk to us, so now you can form your own opinion. Now it's about being natural, it's about conversation, and about being you. I never care how I look. Really? No. The affable demeanor and self-assured voice of the former nurse, a far cry from the frantic tone you hear in her 911 call from October 6th, 2003. Screams of disbelief as Kim describes the body of her boyfriend, Ozzy Condie, brutally bludgeoned to death on their living room sofa. I always have to relive it and it's so hard to do, you know. After 13 years, it's just not any easier to explain what happened.

She'd certainly seen him in happier times. They'd first met in the late 80s when she was in middle school in sunny Orange County, California. The two shared a passion for a new band called Guns N' Roses. What drew you to him? He was very sweet, very genuine, kind-hearted, just loved everybody, loved life. He was the first person I've ever loved. So I think that always sticks with you for the rest of your life.

They lost touch when Kim's family moved to Corona, an L.A. bedroom community about 25 miles away. It would be nearly a decade before the two lovebirds locked eyes again. It happened out of the blue. On a hunch, Kim says she appeared at Ozzy's front door. Have you changed much since you met him first in middle school? No, we just got older. I think it was love at first sight again. We both felt the same way.

Except for one big difference. When they last saw each other, they were kids. Now Kim had kids of her own. A five-year-old son and a ten-year-old daughter. Ozzy was also a dad and had become something of an artist. His muse? Motorcycles. His canvas? Polished chrome. And while he dreamed of open roads, Kim fantasized about a biker wedding. Yeah, now it sounds really stupid, you know, a biker wedding. All I wanted was a couple bikes there. I thought it would be cool.

a biker wedding. All I wanted was a couple bikes there. I thought it would be cool. October 5th, 2003, a lazy fall Sunday. Kim's kids are away, so she and Ozzy joined some friends for a day of biking and boozing. Would you say that at the time you were an alcoholic? Yeah, absolutely. Describe the person that used to come out when you passed that threshold of drinking. I was up for anything. I was up for absolutely anything. I was in fifth gear the whole time. Alcohol played a huge role in every aspect of a bad decision that I ever made. By nightfall, Kim says she's downed as many as 22 drinks. She's lit up like the Fourth of July, and Ozzy is aggravated as he watches his girlfriend flirt with other guys here at Maverick's local bar. Were you a flirt?

Yeah. He just said I was moving about too much, talking to other people, not paying attention to him. The timeline of what follows, much of it hotly contested, will be the key to the case. But all sides agree that once home, in the couple's driveway, the jealousy and resentment proved to be explosive. Do you remember the kinds of things you were saying to him? You're not working. Get out.

Could have said deadbeat. I said some pretty mean things to him. He was in between jobs, so I just had a lot of ammunition. Fed up, she told him to pack up and get out. There's a witness to all of this, Jeff Dills, a friend who'd hung out with him throughout the day. He watches as Kim becomes violent, not only hurling insults, but anything she can get her hands on.

Yeah, I started throwing my purse at him. I think I swung my helmet. I mean, you were having a physical altercation in public with a man who a couple of hours later would wind up dead. Looks bad. Yeah, it does. Fearing neighbors might call police, Jeff steps in and offers to take Kim to his place to cool off. But after they arrive there, things only get hotter.

Kim had another drink and they decided to get into the hot tub, started fooling around kissing, and then they took things to the bedroom. After their tryst, Jeff drives Kim back home. He says he watched her go inside. It's like the hardest part. The door was unlocked and I walked into the house. And I can, man. So I could see Ozzy laying on the couch, and I called his name,

and I saw a big blood stain on the couch. She says when she sees a gaping gash on his head, she freaks out. I ran outside for some reason thinking I can catch Jeff. And I remembered going into the kitchen, getting the phone, and calling 911. The call was made at 2-0-9. I just can't help. He's bloody. I don't know what's going on. He's still breathing. I don't know how you think you can give him medical attention. I can't. I can't. I can't. I can't. I can't. I can't. I can't.

Did you think of rendering first aid? Doing anything? I'm just panicked and I need somebody to come and help me. None of us know what it's like to find a loved one dead like that. We don't know. And of the cases where people have found loved ones dead, the reactions vary from people being hysterical to people being very calm. It's like, I don't think we can put any stock in what Kim did or didn't do in that moment that she found Ozzie. After being cooped up in the interrogation room for hours,

cops begin to question Nurse Long. She's still drunk from her 12-hour bender, but she's clear-headed enough to demand some answers. What the f*** happened? That's what we're trying to figure out, Kim. Oh, my God. I don't understand any of this. She describes that day's events, but is oddly reluctant to specify who she was with. Who were you riding with?

Friends. Friends? Mm-hmm. What are their names? That doesn't matter. When the interrogation resumes, Kim is inconsolable. Ozzie's lost his life. She's lost her love.

Do you know how f*** my life is now? He was it. He was it. He was it. I have nothing. We were going to have a bike away. Everything was perfect. He was my match. Well, that depends on your definition of perfect. Police are putting the squeeze on Kim for killing her Mr. Right.

But were they looking in the wrong place? Coming up, the tale of the angry X. And if anybody was going to kill him, it'd probably be you. Stay with us. Is there a better feeling than loving your home? Wayfair makes it easy to create a space where you can relax and unwind no matter the

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On I Was Prey, the podcast, listen to the life-or-death experiences of people who have survived animal attacks, natural disasters, and deadly parasites alike. Hear how a triathlete is attacked by a shark while training and manages to escape after being pulled underwater. And how a hiker in Alaska survives a 1,000-pound moose attack after the animal crushes her limbs. I Was Prey features audio from hit shows like This Came Out of Me, Nature's Deadliest, and Still Alive, and Monsters Inside Me. Listen to I Was Prey wherever you get your podcasts. Kim Long says she came home late at night to find her boyfriend, Ozzie Conde, murdered. She's reluctant to give investigators many details on where she had been that night. Now, as Matt Gutman reports, that decision is about to have some serious repercussions. The party is over for Kim Long, but her quality time with Corona Police is just getting started. Oh, life is over. He was my life.

As she bounces off the walls of this interrogation room, her belly still full of booze. She's not just under the influence, but under suspicion. Is this the case of if you find the body, you're automatically a suspect? That's almost automatic in law enforcement. You have to put that person as a potential suspect until you can rule them out. Former FBI agent and ABC consultant Steve Gomez has studied the police file. They get the autopsy back, and what does it tell them? The object that was used to strike Ozzie was some type of long object such as a bat or a golf club.

Could a relatively petite 5 foot 3, 4 woman who weighs 130 pounds, could she have done that? If she was angry enough, absolutely she could have done this. We return to the house with Bill Sylvester, an investigator for Kim's defense team. The crime that occurred was in this room. The current residents allowed us inside. All right, so this is very similar to the way it was, and the argument is this is where the suspect was doing something like this. There were blood spatters found on every wall in this room, ceiling, the floor, this door, and out this door into the garage. Two things are noticeably absent at the scene.

For one, the murder weapon, which to this day has never been recovered. And two, despite the bloody crime scene, not a speck of blood was found on the cop's prime suspect, Kim Long. Not on those jeans, that black shirt, that belt. Can you understand why police found that a little suspicious? Not really. You were so clean that something smelled rotten. Well, that's just because I wasn't there when it happened. The cops begin to formulate a theory that Kim came home

still angry, beat Ozzy to death, disposed of the murder weapon, and cleaned herself up before dialing 911. But she's got an alibi witness, at least she thought she did. Jeff Dills, the biker friend who brought her over to his house and into his hot tub that night. Did anything happen in the jacuzzi? No. Do you and Jeff have anything going on? No. Well, that's not true. And when Jeff Dills comes in for questioning, his story isn't just different, it's damning. Did she say anything about not to say anything about the night before? She says the cops are going to want to talk to you.

I said, that's fine, no problem. And then I said, did you tell them that we f***ed? She says, no, I didn't. She said, please don't tell them that. Why lie about having sex with Jeff Dills? You're possibly a suspect for murder. Yeah, I was just embarrassed. Like, who wants to tell him, oh yeah, by the way, I ran off with some other dude.

Having sex with somebody doesn't make you a murderer. True, but your lover's statements just might. Dills continues to bury Kim, telling police she had a motive. She's, man, I could just kick his a**, you know, that kind of thing. Or I want to kick his a**. I don't remember the exact words. And worst of all, opportunity. Dills tells cops he dropped Kim off back at the house much earlier than Kim claimed.

He says he knows because he checked the clock when he got home. I remember noting the time as 1.36. I'm thinking going backwards from 1.36, I had to drop her off between 1.20 and 1.30. Long didn't call 911 for help until 2.09 that morning, leaving up to 49 unaccounted minutes with Ozzie and, according to police, giving her ample time to commit the crime and clean herself up. At that moment, the cops are convinced they had their killer. Did Kim Long ever give a reasonable explanation for what she may have been doing for 50 minutes in the house? She always denied that it was that long. But if Kim's a killer, she's a cooperative

one. Agreeing to take a polygraph test. The probability of you being deceptive is less than.01%, meaning according to that technician, there's virtually no chance she's lying. That doesn't stop the cops from pressing her in a follow up interview during which she breaks into hysterics. Jeff. Didn't you tell him to move

his stuff out that night? If you love him so much, why did you tell him to leave? I'm drinking because I'm drunk and I'm going to... No! No! Listening to that interview again, Kim does have one regret. I didn't know I could leave. My biggest mistake was ever speaking to them. I had no clue I could get up and just walk out of that room. I thought if I did that I would probably look guilty.

So I just sat there and just took it. I thought I can convince them. But she was wrong. One month after Ozzie's murder, a now stoic Kim Long finds herself under arrest for bludgeoning to death a man who was once her teenage crush. I'm going to remain silent. I'm not going to say anything at all until I have a lawyer turn in with me. When you reviewed the police reports, did anything stand out? Yeah, we were missing something. I remember going to the attorney and say, this cannot possibly be the whole case. Somebody did it, and the real problem that we have in this case is investigators and the DA developed tunnel vision on one suspect.

Kim's defense team insists that Kim shouldn't have been the only suspect. That's because Ozzie Condie may have been a great guy, but he sure had his share of enemies. Here's one of them. Do you hate this guy? I did, yes. Meet Joe Bogarski, Kim's ex-husband, the father of her son, the man she dropped like a bad habit when she got reacquainted with Ozzy. She kicks you out of the house, brings him in to live with your kids.

Right. And then within the same week, he moves in. You know, looking back, I shouldn't have done that. I should have never done that to my children, bringing somebody else in so quickly, kicking my ex-husband out the way I did. You know, it's all wrong. But I was 27 years old and I just wasn't thinking. So who's this guy? What do you know about him who moves into your house? I don't know anything. I know she was helping him out at the time, probably. Financially? Yeah. So if she's helping him out financially, that effectively means that you're helping him out financially. Right, because I was still giving her money also. I mean, I still loved her, you know.

Kim's attorneys claim this laid-back construction worker then became an obsessed cuckold who stalked Kim after she dumped him, hiding in her bushes, peeping in her windows. I was pretty pissed. Very upset. I mean, how would any other man feel? I'm like, what kind of guy moves into some house and you're not even divorced? Well, and if anybody in the world had a motive to kill the man, it's you. Right. I mean, I'm not the violent type to that extent to kill someone, but I did not like, I didn't like the situation. Could Joe, Kim's ex-husband be the killer no way he says he was home that night with witnesses to prove it but he's not the only suspect kim floated you had a theory of who did it yes that you said

during the interrogation yeah there was only one person that didn't like us. Didn't like? Try burning hatred. Do you have any idea who would've done something to you? Who? His dad. She's talking about this woman. We've agreed to change her name. We're calling her Cynthia. Kim's defense team has dubbed her Ozzy's jealous ex. A woman scorned, and she calls Kim.

That woman is the devil's child herself. Devil's child. Devil's child. Devil's child. There's no doubt in my mind. I know she killed him. And I know she doesn't even f***ing care. And it makes me sick. Cynthia and Ozzie were together for eight years.

They raised two kids together. One theirs, one hers from a previous relationship. She says those were the good times. He liked to spend time with his family a lot. He was a wonderful father. But when Kim came on the scene, she says the situation turned sour. My son had come home and he told me that he saw Kimberly punch Ozzie in the face. That was not okay with me. So I stopped Ozzie's visitation. You were volatile, right? I mean, when you drank, you got violent at times. I could, yes. Yeah, my personality could change.

And police were called to your house before Ozzy moved in a number of times because you and Joe had been fighting. Yes. Yeah. So with both your ex-husband Joe and with Ozzy, it could get physical. Yes. Yeah, it did get physical. But according to Kim, Cynthia did her part as well to escalate the drama. She had just made our lives a living hell. What did she do? She called, she harassed, she threatened. She wanted money from Ozzy. It was a constant battle. I mean, I, yeah, I wasn't happy with her. I was pretty pissed off at Kim. In the polygraph interview after the murder,

the cops want to know if her hatred for Kim extended to Ozzy. Have you ever made any comments that, hey, I wished Ozzy was dead? I did say things like that toward his girlfriend, Kim. I just so wish I could kill her. You heard that right, kill Kim. But was Ozzy also in the crosshairs? Coming up, Cynthia takes things into her own hands. How far did she go? Stay with us.

When you really care about someone, you shout it from the mountaintops. So on behalf of Desjardins Insurance, I'm standing 20,000 feet above sea level to tell our clients that we really care about you. Home and auto insurance personalized to your needs. Weird, I don't remember saying that part. Visit Desjardins.com slash care and get insurance that's really big on care. Did I mention that we care? Just how furious was Ozzie's former girlfriend, Cynthia? Just how furious was Ozzy's former girlfriend Cynthia?

Well, furious enough that after an argument with Ozzy on the phone, she'd taken matters into her own hands and headed to their home armed with a sharpie. He wasn't even there. I got upset, wrote deadbeat across the side of his truck with a permanent marker. And you put glue in the door too, right? I did. Mm-hmm, sure. They didn't think it was very funny. Well, not funny on their end, no.

But she's not through. After that episode, she pens this profanity-laced letter. Girl, I really hope you love this guy even though he cheats on you, because I promise when I get done with him, you'll be supporting his ass forever you were angry after that letter ozzy had enough of her he filed for a restraining order which included a child custody request they were not expecting cynthia to take it well we had bats by the door we kept baseball bats by the door. Yeah, we were ready. Did one of those bats become the missing murder weapon in Cynthia's hands? Ozzie's own family thought it was possible. Brother was telling me. Listen to what Ozzie's

brother told cops the day he was killed. She had threatened to kill him and kill his Kim. He wanted to slice their throats. And why did she want to slash his throat or their throats? They were having conflicts. I think she was jealous of Kim. So you did not yourself take a bat to Ozzy's head that night, nor, you're saying, did you hire somebody else to do it? Absolutely not.

You had nothing to do with his work? I didn't want Ozzie dead. Did you want her dead? No, she's not dead. I don't want anybody dead. So, whodunit? Cynthia the bitter ex-girlfriend, Joe the humiliated husband, or Kim the hard-partying nurse and the only one who's been charged. It fell to the jury in Judge Patrick Majors' courtroom to sort it all out. Were you confident that you would get off?

Yeah. Did you think, there's no way they're going to convict me? Absolutely. What gave you most confidence? Because I was innocent. By the time the trial begins, the prosecution's key witness, biker Jeff Dills, has died at the helm of his beloved Harley. But Judge Majors' rules his testimony from a pretrial hearing can be read to the jury. This is a case that literally hinges on the testimony of a guy who actually didn't testify at trial.

And a man who's dead. A man who had died before trial. A man who's dead. A man who had died before trial. And despite the defense's attempts to cast suspicion on Kim's ex-husband, Joe Bogarski, the prosecution calls on him to establish that Kim had a history of violence. We did have some heated arguments when we were together that weren't so pleasant, where I went to bed thinking, man, after that argument, am I even going to be alive when I wake up? You know, it got pretty bad.

So you honestly thought that maybe she could kill you in your sleep? Yeah. Kim testifies on her own behalf well enough for that trial to end with a hung jury. Nine believed her, but three didn't. So the prosecution comes back a second time, once again bringing up Kim's lies to the cops, Jeff Deal's timeline, and the questions about her clothing.

And what happened when you got in? I seen him on the couch. This time, Kim's defense pivots to the Cynthia theory. But it's an uphill battle. For one thing, jurors never learned that the results of Cynthia's polygraph were inconclusive. Regarding Najee, did you plan or arrange with anyone to have him killed? And then on the stand, she says she's got an alibi. She was on a date the night of the murder,

dinner, and at 90 minutes in a room at this day's inn. The man that I was with testified in court to my whereabouts. I was with him. I was with him until well over midnight. In the end, jurors rejected Kim's lawyer's efforts to pin Ozzie's murder on Cynthia. Instead, on December 31st, 2005, as the ball dropped on 2006, the gavel dropped on Kim Long. She was found guilty of second-degree murder. So when they said that I was found guilty, I hate that image. I had to get it right. I had to get it right in my head real quick.

You know, they're going to put handcuffs on me, you know. You got to get stoic, you got to get strong. At sentencing, Judge Patrick Majors, who'd also presided over her first trial, delivered two surprise announcements. First, something that would leave even courtroom veterans dumbfounded. What did the judge say? Basically that if it had been a bench trial, he would have found her not guilty or acquitted her. And then another stunner. Sentencing came to 15 years to life, but allowing her to remain free on bail during her appeal. He said, I never had a case like Kimberly Long.

And that's when he let me go pending my appeal. So I went home. The process takes years. Finally, in February 2009, the California Supreme Court denies Kim's final appeal, and she's ordered to turn herself in. But nothing in this case is simple. On the day Kim is due to report into prison, she disappears. How do you turn yourself over to a life sentence? 15 to life means you're going away for life and you're coming out in a pine box.

Next, Kim Long on the lamp. Stay with us. It's time for Kim Long to go to prison. But instead, she's gone camping. Ten days later, she finally surfaces to face the music. Why ten days late? How do you do it? I don't know. I've never done it.

I know. I didn't know how to give up everything. How do you walk away from your children, your mom, your dad? She swaps those jeans and bikini tops for prison blues, going out little white lies to help her grieving parents, Roger and Darlene, cope. I always reassured my parents I was okay, even if I wasn't. Because, you know, when your child's not okay, you're not okay. Right. So I faked it a lot. We saw her every weekend so she would be just smiling and she always always at the end of each visit she'd say mom I'm coming home and I said I know you are. Did you always believe her though. Yes. Yes. But right after she arrives, she lobs a legal long shot.

The only thing I do remember was making that first phone call to my mom and asking her if the California Innocence Project knew I was in prison. That was the first thing you said to your mother in your first call? Do they know I'm here? And are they coming to get me? call do they know I'm here and are they coming to get me the California Innocence Project is a clinic based out of the California Western School of Law in downtown San Diego its mission to free wrongfully convicted inmates while training law students this is our war room we're down in the trenches this is a place where the students are making phone calls, tracking down witnesses.

This is where it all happens. Alyssa Burekle was just a law student when she first started shoveling through the endless documents in Kim's case. You have a judge saying, I don't think the evidence is enough to convict. So there were all these interesting factors that kind of put up a red flag for us

that this really could be a case of a wrongful conviction. Alyssa would eventually make her job her mission. Alyssa's a different kind of person. She's so fantastic. She really submerges herself into her work. You know, she's not a lawyer who is collecting a paycheck. Like, she's really invested. In the beginning when I would visit Kim,

she was very distraught. She was, I don't know how better to describe this than just like a caged animal trying to get out. I tracked down every single lead I could come up with to figure out, you know, who did this crime because a lot of these wrongful convictions, people want to know, well, if she didn't do it, then who did? Alyssa hoped the answer might lie at the tip of this cigarette butt found near Ozzy's body.

The cigarette butt revealed unknown male DNA. It was likely male Hispanic DNA. It doesn't match the victim. It doesn't match Kim. It doesn't match anyone that we know of in this case. Looks promising, but Alyssa can't establish when that butt was left there. Could have been days or even weeks before. And so I tried as hard as I could to find out who really did this and never could definitively say it was one person or another. But I did in that

process gather enough evidence to show that Kim definitively could not have done it. She started with the core of the prosecution's case, the credibility of Jeff Dills. Remember, he's the dead man talking, the biker friend Kim hooked up with that fateful night. A man who had died before trial. A man who had never been cross-examined thoroughly about this timeline, about how much he drank, about his motivation to distance himself from Kim because he was afraid the cops were going to blame the murder on him. Dills told the cops he dropped Kim off between 1.20 and 1.30 a.m. The 911 call came in at 2.09. Prosecutors asserted that Ozzie was killed during that window. But in death, Ozzie's body held clues which might refute that. Details that suggest he may have been killed before Kim could

have gotten there. When paramedics arrived, they already saw signs that the body was decomposing? Yeah. Which means he was dead for how long? At least over an hour. At the minimum over an hour. for how long at least over an hour at the minimum over an hour and nobody puts her back at her house the scene of the crime before 1 20. exactly but get this no time of death expert was called to testify for the defense why is that it was just you know an oversight by by the defense team at that time oversight is being polite. Alyssa thought inept lawyering had done Kim in at every turn. For example, the issue of her clothing. Experts believe the scene was so bloody,

the murderer would have been spattered with blood. At trial, prosecutors suggested Kim may have changed out of bloody clothing and cleaned up. That's why there wasn't a speck of blood on those jeans, shirt, or belt. But Alyssa says she can prove Kim never changed. Because Jeff Dills told the cops she was wearing that same outfit when he dropped her off earlier that night. She was wearing a black t-shirt that had some designs on it. She was wearing blue jeans, kind of low-rider blue jeans.

And I think she had a black belt on. He describes exactly what she's wearing. And it matches exactly what she has on that night in her police interrogation videos that were collected by the police that were examined for DNA. Compiling evidence like that to prove Kim's wrongful conviction would take years for Alyssa to build. Years Kim would never get back. What did you miss most? Everything. My life. My kids. My mom and dad. Being a nurse. My patients. My patients. Going places, the desert. Everything. Ice, a refrigerator. You miss everything.

Outside, the Innocence Project starts making noise, organizing this March 712 miles from San Diego to Sacramento to draw attention to Kim's case and others like it. We're doing a 20 miler through Camp Pendleton. We visit her many times. It's very difficult because I can't bring her home. Alyssa's first efforts go nowhere, but the long walk to freedom eventually leads all the way up to the California Supreme Court and in August 2015 her motion for a new hearing is finally accepted when I got the order which says we think your case has merit I was elated next after a lost decade for 30s and 40s stuck in legal purgatory judgment judgment day for Kim. She takes the stand. What will she make of her last chance? Stay with us. The stakes couldn't be higher. Alyssa Burekle is headed to court for a face-off with Lady Justice.

After seven years, Kim Long is getting her shot at freedom. What do you think in going into it? I knew we were going to win. I knew the evidence we had was powerful. Failure number one. Failure to consult a time-of of death expert and present that defense. This time, no jury, just Judge Patrick Majors, who presided over Kim's previous two trials.

Hey, good morning, ladies and gentlemen. And two desperate mothers packing the court with emotion. Kim's mom is cautious but optimistic. This is what we've been waiting for, so I believe she will come home. That's a good victory for justice. But over the years,

Ozzie's family has converted its suspicions about Cynthia to absolute certainty that Kim is guilty. She killed my son. That was my son. That was my child. I had to go through that same thing. I couldn't see anything. Now for the third time, Kim puts her hand on the Bible and swears to tell the whole truth,

something Kim struggled with. What lost this case for the defendant was her credibility. The jury didn't believe her. You seemed much more relaxed on the stand than you had before. Why was that? Because I had nothing to lose. I had absolutely nothing to lose. I wasn't scared anymore because the worst had happened to me how are you feeling i'm good good have you ever threatened to kill ozzy no did he ever threaten to kill you no

did you kill ozzy no i did not kill him the prosecution fires straight at Kim's Achilles heel, her inconsistencies, her lies about, among other things, hooking up with Jeff Dills. I try to always tell the truth. You try to always tell the truth, but you lied to the police about your conduct against your Dills? Yeah, the sexual conduct, yes. But the defense has an ace to play. That new evidence Alyssa discovered about the time of Ozzie's death and the proof that Kim never changed her clothes.

This primarily comes from the Jeff Dills interviewer who describes what Ms. Long was wearing. And what were you wearing that day? I was wearing large sandals that matched my black belt, blue jeans, a black shirt with ringlets on it that matched my necklace and my purse. And then the bombshell no one saw coming. The prosecution torpedoing its own case, backing away from its core theory that Kim Long ditched her bloody clothing after killing Ozzie. She never had any blood on her.

I'm going to tell you right now, it's not the people's position that she changed her clothing. The people have seen additional evidence here that we weren't aware of before. What's amazing about this is that it seems the Perry Mason moment didn't come from the defense. It came from the prosecution itself. Yeah. They, in their closing argument, conceded that she did not change her clothes. If she didn't have blood on her clothes, the only reasonable inference is she didn't do it. After a seven-year quest to bring Kim home, Alyssa Burkle is so close she can taste it. I am feeling pretty good right now. We've done a ton of work on this case, and it's all coming together and wrapping up tomorrow. coming together and wrapping up tomorrow.

The next day, in a crowded courtroom, Kim hugs the Innocence Project lawyers as she steals herself for the judgment. In the matter of Kimberly Long... I was, like, squeezing Kim's arm or her leg or something every time the judge would say something positive. I think we were both sitting there shaking a little bit. Alyssa translating the legalese. When it actually happened,

I remember Kim being a little confused and being like, wait, what's going on? What happened? The judge continues. The judgment of conviction is vacated and a new trial will be ordered. You're thinking, is vacated good or bad? I didn't even hear it.

I just was waiting for that and that was never said. And then that's when I was like, what is happening? I think even the judge laughed. I'm like just happened you're getting a new trial miss long Alyssa hanky in hand makes up for any shortage of emotion her room is ready I've always believed that in my heart she will come home everything we uncovered during the case pointed towards her innocence. And this case also demonstrates just a total failure of the criminal justice system. As a small crowd waits outside while Kim posts bail,

an Innocence Project intern has ironically brought a change of clothes. We're waiting for Kim to get out. So we got her these shoes So we got her these shoes. And we got her these jeans. It was weird because they brought me clothes and they had bought me heels. And I'm very grateful that they left me in a holding tank for a while because I had to walk back and forth. Because you hadn't walked in heels in years. Yes. Yeah.

Ten hours after her moment in court, Kim walks out of jail and into the arms of her parents. I saw my mom and dad through the glass, and I remember the doors opened. The doors opened, and I went out, and nobody said anything. Like, nobody said anything. Like, I was looking at them, and they were looking at me, and finally I just threw my hands in the air, and I was all, I made it. Made it! How are you feeling right now? and they're looking at me and finally I just threw my hands in the air and I was all I made it

how are you feeling right now just a lot of emotions right now I have a lot of gratitude I'm very humbled by this experience very humbled I could stare at you we all started crying and hugging and god it's a good feeling crying and hugging and God, it's a good feeling. Cynthia, Ozzie's ex and Kim's arch enemy, takes the news badly. It was like a slap in the face. A slap in the face. When Kimberly was released and my son saw it on television, he called me and he said, Mom, he's like, please be careful. She's crazy.

She killed my dad and I'm scared she's going to do something to you. Kim's ex-husband, Joe Bogarski, isn't so sure what he thinks anymore. My mind is so scrambled from my history that I'm thinking she's capable of doing it. Maybe she didn't do it. Maybe the evidence doesn't point to her actually doing it, even though you think that she's capable. Right, right, right. But then I think, who did it then? That's a question that is still being asked.

But for Kim Long, who's now out of prison and celebrating her freedom, one of her first questions is about her computer. I've been watching the internet, or what do you say? Online. Yeah. Facebook. I don been watching the internet, or what do you say? Online. Yeah. Facebook. I don't know how to do all that, yeah. She may not be social media savvy,

but she's had nearly eight years to dream of reconnecting with the outside world. Thank you for everything. Every day. I knew I was going home, I just didn't know when. I didn't know how long it was gonna take. She always told me, I'm coming home, Mom. Now that she is home Kim and her mother

are enjoying the little things. It's so nice to see her come down the staircase and I can say good morning. How'd you sleep? And there are times we go and we sit outside. We have our little chairs in the backyard and the cat comes along too. And we just talk. It's just really, really nice. Aside from spending time with family, it's the simple pleasures Kim most appreciates. There's nobody checking on me every hour with the light in my eyes. She has eight years of sobriety under her belt. That's no small undertaking for the former Hellraiser

with the quick temper and the soft spot for hard liquor. In some ways, I guess prison is a great place to sober up, right? You don't really have the choice. Can you drink in prison? Absolutely. Everything is in prison. So even in prison you had to practice abstinence? Absolutely. It's a choice. And I chose not to drink and not to use drugs in prison. Healthy living now replacing some of those old vices. Sometimes I come out here a little negative, and I leave it all here.

So when I walk back off the trail, all my negativity is left out here. So I just come back positive, refreshed, and just, you know, ready to, you know, go about my day. But it may take more than a nature walk to stop prosecutors from appealing the judge's decision. They want to send Kim Long right back to prison. We are 100% positive that that appeal will go nowhere. She is out in the community. She is living her life. She is enjoying her freedom. And hopefully these legal proceedings will end soon.

Do you even think it's possible that Kim could be convicted again and go back to prison? No. I just cannot see it happening. But the prosecution was dug in. Yeah. They weren't willing to give up. I've thought about this a lot. One of the tragedies about this case is because they have dug their heels in,

we may never know who killed the victim in this case. But so many are haunted by the knowledge that whomever murdered Ozzie is still out there. Kim tries not to think about Ozzie too much these days. Those wounds are still raw. If Ozzie could hear you now, what would you say to him? Don't do that. I won't answer that. Why was that so hard to answer? It still hurts to know the last words I said to him, they weren't loving or kind, and I never had a chance to say anything kind to him. It will disturb me for the rest of my life.

This is Deborah Roberts. We have this update to the story. After her release from prison, Kim Long went back to college with the intent of getting her nursing license reinstated. In 2022, her case was dismissed when the district attorney's office announced it would not seek a new trial.

Long has now gotten her nursing license reinstated and is beginning a new nursing job. She's filed a federal civil rights lawsuit against the Corona Police Department and individual officers, claiming they framed her for a murder she did not commit. That's it for this edition of the 2020 True Crime Vault. Join us on Friday evenings at 9 for all new broadcast episodes of 2020. See you next time.