48 Hours - Janet's Secret

Episode Date: January 1, 2017

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Starting point is 00:00:00 Wondery Plus subscribers can listen to this podcast ad-free right now. Join Wondery Plus in the Wondery app today. Even if you love the thrill of true crime stories as much as I do, there are times when you want to mix it up. And that's where Audible comes in, with all the genres you love and new ones to discover. Explore thousands of audiobooks, podcasts, and originals, with more added all the time. thousands of audiobooks, podcasts, and originals, with more added all the time. Listening to Audible can lead to positive change in your mood, your habits,
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Starting point is 00:01:00 to a remote base near Joshua Tree National Park. They have to alert the military. And when they do, the NCIS gets involved. From CBS Studios and CBS News, this is 48 Hours NCIS. Listen to 48 Hours NCIS ad-free starting October 29th on Amazon Music. 48 Hours presents. When we were younger, there was always a box in my grandparents' basement and it had Janet written on the side, and we were always told, do not touch it. Janet was a very, very happy person,
Starting point is 00:01:40 and Janet seemingly had everything to look forward to in life. Janet was very well-liked. She had a lot of friends. She was both on the musical and the geeky side, so to speak. My name is Francesco Caltieri and I am Janet Walsh's brother. They were really close, really close, because I've heard my entire life about my Aunt Janet and everything that happened. She's just a kid. She's a 23-year-old. She had been out the night before with a couple of girlfriends. We found out that she didn't show up for work that morning.
Starting point is 00:02:17 I'm Andy Gall, and in 1979, I was the first police officer at the Janet Walsh homicide scene. I drove up to the front of the house and ran up to the door, and Pete Caltori, Janet's father, told me that she was in the back bedroom. I walk in, and I pull the sheet back slightly. There was no need to even check for a pulse, I walk in and I pull the sheet back slightly. There was no need to even check for a pulse because you could tell by her face and the scarf around her neck that she was dead. The word dead just didn't apply.
Starting point is 00:02:56 She's my sister. There's nothing that could make my sister be dead. I had to go in and see for myself, but my... my sister be dead. I had to go in and see for myself, but my... my brother would not allow me to. He put me in a bear hug and he would not let go. He did not want that to be the last memory I had of my sister. I have a plot from an old TV show like Murder, She Wrote, where we have five suspects, and I can't put a finger on any of them. In the late 2000s, the Pennsylvania State Police Cold Case Unit began to relook at the investigation.
Starting point is 00:03:46 This was everything collected by the Pennsylvania State Police at the time of the crime in 1979. Assistant District Attorney Brittany Smith was assigned to prosecute it. And this has been preserved by the state police since that time. In a way, this is a time capsule. We're going back to the late 1970s. We're going to the death scene now. The cord from her own bathrobe was used to bind her wrist. Right. She more than likely let her killer in, and it was someone known to her. At that time, this was almost the perfect murder.
Starting point is 00:04:16 It was for 34 years. 34 years. I'm Peter Van Sant. Tonight on 48 Hours, Janet's Secret. In the Pacific Ocean, halfway between Peru and New Zealand, lies a tiny volcanic island. It's a little-known British territory called Pitcairn, and it harboured a deep, dark scandal.
Starting point is 00:05:04 There wouldn't be a girl on Pitcairn once they reach the age of 10 that would still a virgin. It just happens to all of us. I'm journalist Luke Jones and for almost two years I've been investigating a shocking story that has left deep scars on generations of women and girls from Pitcairn. When there's nobody watching, nobody going to report it, people will get away with what they can get away with. In the Pitcairn Trials, I'll be uncovering a story of abuse
Starting point is 00:05:31 and the fight for justice that has brought a unique, lonely Pacific island to the brink of extinction. Listen to the Pitcairn Trials exclusively on Wondery+. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify. Have you ever wondered who created that bottle of sriracha that's living in your fridge? Or why nearly every house in America has at least one game of Monopoly?
Starting point is 00:05:56 Introducing the best idea yet. A brand new podcast from Wondery and T-Boy about the surprising origin stories of the products you're obsessed with and the bolder risk-takers who brought them to life. Like, did you know that Super Mario, the best-selling video game character of all time, only exists because Nintendo couldn't get the rights to Popeye? Or Jack, that the idea for the McDonald's Happy Meal first came from a mom in Guatemala? From Pez dispensers to Levi's 501s to Air Jordans.
Starting point is 00:06:25 Discover the surprising stories of the most viral products. Plus, we guarantee that after listening, you're going to dominate your next dinner party. So follow The Best Idea Yet on the Wondery app or wherever you get your podcasts. You can listen to The Best Idea Yet early and ad-free right now by joining Wondery Plus. It's just the best idea yet. Brittany, what do we have here? This is Janet's purse. This would have been the purse she used the night she went out. From August 31st, 1979,
Starting point is 00:07:15 into the early morning hours of September 1st, 1979. Brittany Smith, a prosecutor in Beaver County, Pennsylvania, hadn't even been born when 23-year-old Janet Walsh last carried this bag on the final night of her life, September 1st, 1979. Mints, gum, makeup, brush, keys, those types of things are in every woman's purse. It definitely makes you feel as if there's a connection to her. And Brittany learned Janet was firmly connected to this place, the tiny town of Monaca, about 30 miles outside Pittsburgh. Janet moved next door to us when she was either two or three years old, and we became best friends. She had a couple brothers, I had brothers, so she was like my little sister.
Starting point is 00:08:02 Janet's best friend, Susan Niedergaal. Who lived where? Okay, this is the house that I grew up in, and this is the house that Janet grew up in. And my bedroom window is right here, and her bedroom window is right there. At one point, my mother bought us little princess bones, and we were able to talk back and forth. Our childhood was probably just like everybody else's. You know, we each got on each other's nerves, and I probably made it a goal to get on her nerves,
Starting point is 00:08:28 being a little irritating brother. Janet's brother, Francesco Cultieri, remembers a big sister bursting with talent. She played the oboe in the orchestra in the band, and then she sang, and she played the piano. Janet was also a Menaka Indianette. She was an avid sewer, so she would go out and she'd buy material, and she would sew her clothes
Starting point is 00:08:51 before she'd go on dates. Cut it out and sew it together and wear it out that night. I saw her do that more than once, and it was just amazing. By high school, those dates were with just one young man, Scott Walsh. We just were inseparable. I didn't hang around with buddies too much. It was mostly her and I just going out.
Starting point is 00:09:13 Janet and Scott were like two little puppy dogs in love. My high school yearbook, sophomore, junior, and senior year. Right here she signed, to Scotty, I'll always love you, Jan. So it came as no surprise when the high school sweethearts decided to tie the knot. Got married August 14th of 1976. I was 20 and she was 20.
Starting point is 00:09:39 Like a lot of young men in western Pennsylvania in those days, Scott had followed the tradition of going straight to work in a steel mill after high school. I decided not to go to college because back in the 70s in this area here, the steel mills were booming. But despite a steady income, the newlyweds soon hit a rough patch financially. the newlyweds soon hit a rough patch financially. We had the new mortgage, the new house, and two new vehicles, and it became a financial burden on both of us. That's what led to our separation.
Starting point is 00:10:15 In the summer of 1979, after just three years of marriage, the couple separated. Janet moved into the ground floor of a two-family house. I think she was a little apprehensive about living alone because she never lived alone before. Janet got an office job at a local refrigeration company. And when Friday of Labor Day weekend rolled around, she decided to spend a girl's night out with three friends bar hopping and dancing,
Starting point is 00:10:41 getting home around 4 a.m., just hours before she was due at work. My sister's boss, Ron, had called and told my mother that, hey, Janet didn't show up for work this morning, and it's not like her. Janet's parents raced to her apartment. My dad saw that there was somebody in bed and saw that her hands were bound, that she had something around her throat. Rookie patrolman Andy Gall was just 25 years old at the time.
Starting point is 00:11:11 I had handled a couple of suicides and two fatal traffic accidents, a couple other serious crimes, but it was clearly the first homicide that I had ever responded to. And what Gall found when he got to Janet's house was chilling. Wearing only a short nightgown, Janet was face down in bed, her hands tied behind her back with the robe tie from her own bathrobe. Around her neck, a light blue bandana tied tight. It appeared she had been suffocated to death.
Starting point is 00:11:44 I have never had a similar scene since during my career. Rich Mattis was a Pennsylvania state trooper back in 1979. Like Andy Gall, Mattis was looking at his first murder. So whenever you enter a crime scene, you let the crime scene tell you what it has to say. What did this crime scene tell you? Everything was very neat, very orderly. No bruising? No bruising, no cuts, no lacerations, of course, no firearms injuries, nothing. Cops believe that Janet must have known her killer. Why? Well, the front door was chained shut. There was no sign here of a forced entry,
Starting point is 00:12:26 so she must have recognized the man and let him in. The two then made their way back here into Janet's bedroom. Who would possibly want to kill Janet Walsh? At that time, I had no idea. The older detectives and investigators, their automatic was, it's got to be the husband. You always look to the closest. Janet's parents were at the Monaca police station when their estranged son-in-law arrived. They were crying, and I started crying. And I'll never forget, her mother grabbed my hand, and she said to me, she said, Scott, you didn't have anything to do with this, did you?
Starting point is 00:13:07 And I looked at Mrs. Keltori and said, Mrs. Keltori, I think you know the answer to that question. And she shook her head to me and said, I know you didn't. But police weren't so easily convinced. For one thing, Scott Walsh, now suspect number one, had been spotted at Janet's residence just hours before her body was discovered. He says he was just dropping her support check in the mail slot.
Starting point is 00:13:31 On the first of the month, I would give her a check as part of our separation agreement. Also suspicious, police say Walsh had no alibi after Janet got home. You didn't get up out of bed and say, I'm going to find out what that woman, my wife, has been up to on this night? Absolutely not, no. You didn't go in and confront her?
Starting point is 00:13:52 Not at all, no. Perhaps most damning, Walsh was given two lie detector tests following the murder. In both, he failed one key question. So Scott Walsh is given this lie detector test. Yes. And he's shown to be deceptive on a rather important question. Did you kill your wife? Yes. You told him, of course, you failed this question. And he knew that and you pressed him on it. Sure. What did he say? He wasn't involved. Police were starting to think they had their man until they heard about a stranger on the dance floor who had his eye on Janet. Hot shot Australian attorney Nicola Gaba was born into legal royalty.
Starting point is 00:14:46 Her specialty? Representing some of the city's most infamous gangland criminals. However, while Nicola held the underworld's darkest secrets, the most dangerous secret was her own. She's going to all the major groups within Melbourne's underworld, and she's informing on them all. I'm Marcia Clark, host of the new podcast, Informants Lawyer X. In my long career in criminal justice as a prosecutor and defence attorney, I've seen some crazy cases, and this one belongs right at the top of the list. She was addicted to the game she had created. She just didn't know how to stop.
Starting point is 00:15:21 Now, through dramatic interviews and access, I'll reveal the truth behind one of the world's most shocking legal scandals. Listen to Informant's Lawyer X exclusively on Wondery+. Join Wondery in the Wondery app, Apple Podcasts, or Spotify. And listen to more Exhibit C true crime shows early and ad-free right now. As a kid growing up in Chicago, there was one horror movie I was too scared to watch. It was called Candyman. The scary cult classic was set in the Chicago housing project. It was about this supernatural killer who would attack his victims if they said his name five
Starting point is 00:15:56 times into a bathroom mirror. Candyman. Candyman? Now, we all know chanting a name won't make a killer magically appear, but did you know that the movie Candyman was partly inspired by an actual murder? I was struck by both how spooky it was, but also how outrageous it was. We're going to talk to the people who were there. And we're also going to uncover the larger story. My architect was shocked when he saw how this was created. Literally shocked. And we'll look at what the story tells us about injustice in America.
Starting point is 00:16:28 If you really believed in tough on crime, then you wouldn't make it easy to crawl into medicine cabinets and kill our women. Listen to Candyman, the true story behind the bathroom mirror murder, early and ad-free, with a 48-hour plus subscription on Apple Podcasts. This case is about a young woman, 23 years old in 1979, who is tragically murdered and it completely tears apart and devastates her family. And it completely tears apart and devastates her family. In the days following the horrific discovery of Janet Walsh's lifeless body, rookie investigator Andy Gall reached for leads in every possible direction,
Starting point is 00:17:23 reconstructing Janet's final hours. She was a typical 23-year-old girl. Gall learned that while bar hopping, Janet crossed paths with a stranger in town. Robert McGrail, a man cops describe as a drifter. When we were asking her friends, anybody show interest in Janet that night, he clearly came up. He came up right away. He was interested in Janet. He was? Yeah, I was. I was interested in her. Yeah, she was an attractive girl. Robert McGrail, suspect number two. He remembers spotting Janet out that night at one of the bars.
Starting point is 00:18:11 I asked her to dance, and it was a disco dance. She was very good, very good dancer. I enjoyed dancing with her. After a few more dances, McGrail decided to ask Janet for a favor. I asked her if I could get a ride home with her. McGrail says Janet declined and put an end to the evening. She says, I'm separated from my husband and he gets very angry if he sees me with someone. And she said, it might be good if he just left because I don't want you to get hurt. just left because I don't want you to get hurt. Rejected, McGrail told police he walked home alone that night.
Starting point is 00:18:52 Police believed him until... About six or seven days after the homicide, a lady's driving up 9th Street, and she sees a checkbook laying in the gutter. And there's a name inside that checkbook. Whose name is it? Robert McGrail. Robert McGrail, one of the last people to see Janet. She's dead just down the block here.
Starting point is 00:19:10 What are you thinking as an investigator at that moment? I'm thinking McGrail is jumping to the top of my list. Investigators learned that no checks had been written on McGrail's account since the night of Janet's death. I don't know whether I lost it that night at the club, whether someone could have taken it out of my sport coat. Did you walk over to her place then? I didn't even know where she lived.
Starting point is 00:19:33 But your checkbook is a half a block away from her apartment. Did you follow Janet back to her place? No, I did not follow. Did you kill Janet Walsh? No, I did not. Absolutely not? Absolutely not. So, did you give a polygraph to Robert McGrail?
Starting point is 00:19:50 We did. The state police gave him a polygraph and it showed deception. So you have two people who have shown deception in a polygraph. Janet's husband and Robert McGrail. Correct. And soon, there would be suspect number three. Another stranger. On the last night of Janet Walsh's life, that stranger knocked on a neighbor's door. About 8 o'clock at night, someone comes to his house, well-dressed, young man, asking where Janet Walsh lives. He lives two doors away. He showed him asking where Janet Walsh lives. He lives two doors away.
Starting point is 00:20:27 He showed him exactly where Janet Walsh lives. So we put it out to the public. While cops hoped someone had seen this man, Janet's best friend Susan gave police yet another lead. Who could have done this to Janet? What did you think? My first thought, it was her boss, Ron. Ron Sikosi. Janet's boss, suspect number four. Police say Janet and Ron had an affair. How long had this relationship gone on
Starting point is 00:21:02 between Janet and her boss? It hadn't been going on long. This started after she separated from Scott. Investigators discover that Ron had been at two of the bars Janet visited the night she died. Detective, at this point in the investigation, give me your list of suspects. Peter, at this point, we have a wide array of suspects. We have Janet's estranged husband. Scott Walsh.
Starting point is 00:21:30 We have the drifter. Robert McGrail. We have Janet's boss. Ron Sicose. And we have Sketchman. Sketchman, unidentified. Anybody else come up on the radar? Right at that time, we also get Scott Hopkins.
Starting point is 00:21:46 Now, who's Scott Hopkins? Scott Hopkins is substantially older than Janet, drives a Porsche, is a successful businessman, and we find out from one of her girlfriends that they've had a relationship over the summer. Suspect number five, Scott Hopkins, had a home building company. Janet had started seeing him after moving into her own apartment, but kept their relationship secret. Trooper Rich Mattis remembers interviewing Hopkins the day of Janet's murder. He was not forthright in his responses. He goes from casual acquaintance to sexual involvement, but it takes a while
Starting point is 00:22:29 to get there during the course of the interview. One reason Hopkins may have been reticent is that he had two other women in his life, a soon-to-be ex-wife and another girlfriend. Both didn't know about Janet, but Hopkins had no secrets about where he was when Janet was killed. What did he say? He was at his residence. Hopkins tells police he was home all night with his girlfriend, with two friends sleeping out on the living room floor,
Starting point is 00:23:05 Larry Musgrave and his wife, Georgianne. They'd all stayed over to help Hopkins prepare a pig roast for an employee Labor Day weekend picnic the next day. Police checked out Hopkins' story. This is Larry Musgrave today. We got up at 5.30 in the morning, and Scott was the one that woke me up to get the hot fire going to roast the pig. George Ann says she's a light sleeper and is clear about one thing. Hopkins never left the house that night.
Starting point is 00:23:41 I heard nothing that night. Absolutely nothing. And Scott Hopkins is alibied. He's alibied. Okay. After interviewing about 20 people in the first three years,
Starting point is 00:23:59 the case turned cold. There were no witnesses, no forensic technology to single out a killer. Then in 1983, four years after the murder, suspect number six emerged, Victor Saccozzi. No relation to suspect number four, Ron Saccozosi. Victor lived just two blocks away from Janet. He's in a restaurant, tells the waitress that he knew Janet and that he had dated her just prior to the murder. When he's describing that story to her, he said a faraway look in his eye
Starting point is 00:24:40 and he was talking about that there was not a hair out of place, as though he was re-envisioning the crime scene. We looked at the reports and we knew that Victor had been at the getaway, the last bar that Janet Walsh was at. Even with so many suspects, Janet's brother, Francesco, remembers hope draining away in his family's household. One of the things that we were told early on in the investigation was that even if the killer walked into the police station and confessed today, we would not be able to take
Starting point is 00:25:15 them to trial because we do not have enough evidence. But all that would change when cold case detective Rocco DiMilo uncovered a clue that would knock him off his feet. I was literally standing at my desk, my knees buckled, I sat down, I said, are you kidding me? I don't have any eyewitnesses. I don't have any physical evidence. I have no serious motive. I have no one coming forth. Rocco DiMilo, a Pennsylvania state trooper working in a cold case squad,
Starting point is 00:26:19 says in late 2010, all of that would change. Time and technology finally caught up to Janet's case. These are markings that the state police crime lab would put on the item. This would be where a sample was taken here, for example. DeMilo sent some of the physical evidence from Janet's crime scene out for new analysis. A lab tech called him with a game changer. They had found semen on the top sheet that had covered Janet's body. And I'm thinking it's just going to be
Starting point is 00:26:53 some minor itty-bitty trace. And she says, no, we have a lot of it in a lot of locations. Including on the back of Janet's nightgown and the robe tie that had bound her wrists. It was more than enough to create a DNA profile. They didn't know at the time who it was, but they knew that whoever's DNA this was would be the killer. Decades have passed.
Starting point is 00:27:20 It's not 1979 anymore, and this is a huge moment in this long investigation. What do you do first? Peter, I've been keeping tabs on these guys for years. I have to get their DNA. First thing I do is get the DNA and eliminate Scott Walsh. Then Ron Sikosi, and the DNA eliminates Victor Sikosi. So three down, two to go. We have Scott Hopkins and Robert McGrail. I knew when they came here and they wanted my DNA that they must have considered me a suspect. Robert McGrail was now living up in Massachusetts. In December 2011,
Starting point is 00:27:59 he voluntarily met Andy Gall and another detective at a local police station. You were never in her apartment. That's right. You never had sex with her. That's right. McGrail, the man whose checkbook was found around the corner from Janet Walsh's house just six days after her murder, refuses to voluntarily give police his DNA.
Starting point is 00:28:23 refuses to voluntarily give police his DNA. But Andy Gall hadn't come 32 years and 600 miles to be turned away. Can you open your mouth, please? He brought a warrant for McGrail's DNA. Relax your mouth. Then Gall picks up exactly where he'd left off in 1979. Gall grills McGrail for seven hours. I didn't kill anyone. Put your arms down and have a seat.
Starting point is 00:28:55 McGrail agrees to take a lie detector test. Everything is answered with a yes or a no. Remember, he'd shown deception on his first one back in 1979. Did you kill that woman? No. Did you ever lie to the police? No. Were you ever in that woman's home?
Starting point is 00:29:14 No. I'm going to finish scoring you up. When the test is over... So how did it go? The technician delivers the bad news to McGrail. You score in the negative on the first one when I asked you, did you kill that woman? And you also scored in the negative on it, are you the person who killed that woman? Suspect Robert McGrail has failed another polygraph.
Starting point is 00:29:38 Are you going to be looked at as being an honest man that wanted to help in the end? I'm getting disgusted with that statement. How so? I have nothing disgusted with that statement. No, sir. I have nothing to be remorseful about. I did not do what you're accusing me of. So, Andy, you take Robert McGrail's DNA sample back to Pennsylvania. What is the result of that test? It was not a match.
Starting point is 00:29:58 Not a match. So Robert McGrail is now eliminated. Who does that leave? It's down to one, Scott Hopkins. Scott Hopkins. And back in 2011, give me a sense of what his life was like. Scott Hopkins was now a very influential person in our community. He was an elected councilman. He's 65 years old. He's a semi-retired, very successful businessman. When I asked him for the DNA,
Starting point is 00:30:26 he says absolutely not. He said, I'm not going to give my DNA. Scott Hopkins' current wife, Karen, says the fact that her husband had a relationship with Janet Walsh made any DNA test pointless. He said, my DNA's going to be there because I was there. I did have sex with her. So that's why he didn't give it.
Starting point is 00:30:49 Still, investigators persisted. Police didn't have enough evidence to get a search warrant for Hopkins' DNA, at least not yet. They hatched a plan. Andy Gall set it all up. Scott Hopkins was a Bridgewater councilman. Every day, early in the morning, he came into the Bridgewater Borough Building, where the police department is located
Starting point is 00:31:11 also, and took a drink out of a water fountain and would throw his cup away. Investigators had the police chief secretary standing by to pick up the trash after Hopkins' morning water break and retrieve the cup. It was tested, and the result was the moment cops had waited for. Hopkins was a match to the crime scene DNA profile. That enabled investigators to get an official warrant for Hopkins' DNA. I said, hey, Scott, I told you I'd be back. I have a warrant. And he actually fell into a chair.
Starting point is 00:31:53 And he says, you think I did this? All that was left was to wait for the results of Hopkins' court-ordered DNA test. Rocky DeMille calls and says, it's done, it's sure, it's him, we're getting an arrest warrant. Andy Gall, who'd been first through the door when Janet Walsh was killed, was the first man through the door when Hopkins was arrested in January 2012.
Starting point is 00:32:23 I brought my handcuffs that I had in 1979 and put the cuffs on them. But would this DNA evidence really be enough to catch a killer? Remember, Scott Hopkins and Janet were lovers that summer. Even then, I'm worried because
Starting point is 00:32:39 I know of all the suspects, only Hopkins had told us that he had sex at that apartment in that bed. I knew it wasn't a sure thing just yet. November 2013. Scott Hopkins, now 67 years old and a grandfather, goes on trial for the murder of Janet Walsh in 1979. No cameras were allowed in the courtroom. Good girl.
Starting point is 00:33:21 Janet's younger brother, Francesco Caltieri, says as the proceedings began, all he could do was pray. Please God, give everyone the strength to do what is right and to do your bidding. Hopkins defense attorney, Chad Bowers, says in the 34 years since Janet's death, Scott never acted like a guilty man. Scott Hopkins never left town. In fact, he's done the opposite. He stayed in Beaver County. He's dug his roots even deeper into Beaver County. He is a giving person. He's a loving person. He gives everything that he possibly can to the community, to his church. Karen is Scott's third wife.
Starting point is 00:34:11 Back when they were still dating, Scott had told her he'd once been seeing a young woman who'd been murdered. He was sorry that something terrible had happened, but he also was glad that he had had three people with him that night so that he would not have to be involved in this. At trial, those three people, Scott's alibi witnesses, would all testify. Diane St. George, Scott's girlfriend at the time, who'd go on to become his second wife, said she spent the night next to Scott in a waterbed.
Starting point is 00:34:50 This was our model home. It was a split entry that we built, and this is where we worked out of. Larry Musgrave was Scott's partner in a home building business. Scott Hopkins was going through a divorce, and he moved here and moved into the back bedroom of the house. Larry and his wife, Georgeanne, were asleep on the floor of Scott's living room. Remember, they'd slept over to get up early to prepare for an employee Labor Day weekend picnic the next day. They told jurors Hopkins never left the house that night.
Starting point is 00:35:27 I know it didn't happen. I was here. How do you know that? Well, I would have heard him leave. I would have heard him come back. I wouldn't sit here and lie, not for anybody. And all I can say is I feel they have the wrong person here. Would you lie to protect your friend? Never. If I felt he did it, I would turn him in.
Starting point is 00:35:49 But prosecutor Brittany Smith says the Musgraves are mistaken. They were sleeping during a substantial period of time. With the model home just a 10-minute drive from Janet's house... Ready? Here we go. Prosecutors say Hopkins would have had time to arrive... We're now at 8 minutes 16, 17. ...after Janet got home at 4 a.m., commit the murder,
Starting point is 00:36:28 and get back to his own house to awaken his guests at 5.30. But if Scott Hopkins is guilty, what exactly happened that night? There was something sexual that occurred in that apartment. Whether it was consensual by her or not, we don't know. What exactly happened that night? There was something sexual that occurred in that apartment. Whether it was consensual by her or not, we don't know. Assistant DA Brittany Smith lays out the prosecution's theory.
Starting point is 00:36:59 As part of this sexual act, he strangles her and takes it too far, and she ends up dead. Could this have been an accidental death? The problem with it being an accidental death is that strangulation takes a period of time that he continuously applied pressure to her neck through the use of the bandana and that takes a few minutes to do. So her life is essentially leaving her and he continues to apply pressure to her neck. As they did at trial, Smith and Frank Martacci, this would be the night shirt, the co-prosecutor on the case, demonstrate how the DNA evidence condemns Hopkins. First, when the Pennsylvania State Lab found semen in the old crime scene evidence, it was given a rating of four plus. That means Scott Hopkins seminal fluid is on that location in a concentrated manner and it is not consistent with having been washed.
Starting point is 00:37:47 Meaning, prosecutors say, that Hopkins' DNA was deposited the night of the murder, not from a previous encounter. And then there was something else, something huge. We always go back to location, location, location, because the location of the DNA is what tells us when it was put there. We believe that she was laying face down on the bed and he was on top of her at the moment that he was strangling her. It turns out the DNA identified as Hopkins was found to line up perfectly. On the back of Janet's nightgown, on the rope tying her hands, and on the top sheet left covering her body.
Starting point is 00:38:27 If you look at all the evidence in conjunction with one another and how it lines up, that's what tells you that her killer deposited it. And the prosecution would end up hiring a famous messenger to deliver that news at trial. None other than the renowned forensic pathologist, Dr. Cyril Wecht, who's consulted on world-famous cases. John F. Kennedy, Martin Luther King, Elvis Presley, Michael Jackson, Whitney Houston, and of course, one of the most famous autopsies of all, the alien autopsy. Well, yes, I would prefer to say, for the time being, that it is humanoid.
Starting point is 00:39:06 Wecht admits he's not a DNA expert. Here you are. He says he was just brought in to interpret the crime scene. I think that you can be quite comfortable with the fact that Hopkins was the perpetrator. When it's the defense side's turn, they counter the celebrity testimony
Starting point is 00:39:27 of Dr. Wecht, who is an internationally recognized DNA expert, Dr. Mark Perlin, we have a match statistic of a thousand, who says Wecht has no business talking about DNA on the stand. Do you believe that Dr. Cyril Weck testifying in Scott Hopkins' case, is that dangerous in your opinion? I think it's very dangerous. The defense investigation found something that the prosecution missed. Turns out Hopkins' DNA was not the only DNA at the crime scene. There was unidentified male DNA on Janet's robe and semen from a third man. Someone police knew all too well.
Starting point is 00:40:15 There was an indication that her ex-husband was possibly on one of the sheets as well. The defense claims they know how Hopkins' DNA lined up. They say his DNA was on Janet's nightgown from past sexual encounters. Then, when the real killer had sex with Janet, her perspiration transferred Hopkins' old DNA from the nightgown to the rope tie to the sheet. In this case, the prosecution said was there's only one possibility, and that's clearly false. And in science, if you have two possibilities that can equally explain the data, it's a wash. I was transported back 30 plus years to being just having my energy just shredded. My heart didn't even know how to work. My heart didn't even know how to work.
Starting point is 00:41:31 For Francesco Cultieri, the trial of his sister's accused killer would be bitter. My fear, and it came to fruition, was that it would be like yesterday, like it just happened. Francesco attended each day of Scott Hopkins' murder trial. attended each day of Scott Hopkins' murder trial. 30-plus years of not knowing who, why, or whatever, and here's this man 10 feet away. You can't imagine the rage. 34 years with no one having to pay the price for Janet's murder. The trial would take only eight days, with 40 witnesses, including Hopkins himself.
Starting point is 00:42:07 In the end, the jury took six hours to render a verdict. It was guilty to murder in the third degree. Murder in the third, meaning Hopkins, while not intending to kill Janet, had acted recklessly and in a manner he knew could result in death. And the first thought that came in my head at that point was, Jan, we got him. For Andy Gall, who was just a rookie that September day back in 1979, the verdict closed a very big circle.
Starting point is 00:42:46 To good friends, old friends, to Justice and to Janet. I'm hoping to get past these tears at some point. It's just, it was more than just another case. It just became way too personal. But not everyone in that courtroom was rejoicing. After this verdict, did he turn and look at you? He did. He turned and looked at me, and I was crying.
Starting point is 00:43:20 And he said, I'm so sorry, you don't deserve this. And I said, neither do you. Three months later, in February 2014, Janet's brother arrives at the sentencing, wishing Hopkins would get exactly what he deserved. I'm hoping for the longest sentence possible. As I understand it, this crime carries a 20 to 40 year possibility. And I know it's up to the judge.
Starting point is 00:43:49 The sentence the judge handed down was considerably shorter. He gave him 8 to 16 years. And my husband just turned 68. So I don't know if my husband will ever get out alive. A few months into his prison stay... Scott Hopkins? Yes. Peter Van Sant, 48 Hours.
Starting point is 00:44:10 We spoke with Scott Hopkins. Mr. Van Sant, I am absolutely innocent of this crime. Why do you think the jury found you guilty? My own thought is we have a situation in this country from watching CSI and all the crime shows that if your DNA is there, Scott insists that the DNA investigation was far from thorough, starting with Janet's estranged husband, Scott Walsh. Our DNA expert found my sperm and his sperm mixed together on the sheets. My DNA expert found an additional person's DNA or sperm on her robe, so there were other people's DNA there that they
Starting point is 00:45:01 chose not to look at. Janet Walsh, who by all accounts was just a summer fling for Scott Hopkins decades ago, would end up changing the course of his life. I mean, I respected her as a person and as a female, and I would never do anything to harm her. Scott, are you lying to me? Absolutely not. You swear on everything you find holy in this world and the people who support you that you are telling me the truth? I swear on my kids' lives. Hopkins had already started to mount an appeal of his conviction. For prosecutor Brittany Smith, the victory has been bittersweet.
Starting point is 00:45:41 There's always this sort of sadness, even though you get what you want to some degree. It doesn't bring Janet back. She'll always be 23 in 1979. She's still gone. And for Janet's brother, who'd kept vigil for justice all these years, the time has come to let go. By getting rid of all these horrific mementos, the headlines, crime still unsolved, case gone cold, that'll help me get to that point. I love my sister.
Starting point is 00:46:20 I'll see you in heaven one day. The Supreme Court of Pennsylvania has denied Hopkins' request to appeal his conviction. For a look at the DNA evidence in this case, join us listen ad-free right now by joining Wondery Plus in the Wondery app. Before you go, tell us about yourself by filling out a quick survey at wondery.com slash survey.

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