48 Hours - The Detective’s Wife

Episode Date: May 6, 2024

Police investigate one of their own when a detective becomes a suspect in the shooting death of his wife. Nikki Battiste reports.See Privacy Policy at https://art19.com/privacy and California... Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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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,
Starting point is 00:00:35 and even your overall well-being. And you can enjoy Audible anytime, while doing household chores, exercising, commuting, you name it. There's more to imagine when you listen. Sign up for a free 30-day Audible trial and your first audiobook is free. Visit audible.ca. In 2014, Laura Heavlin was in her home in Tennessee when she received a call from California. Her daughter, Erin Corwin, was missing. The young wife of a Marine had moved to the California desert
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. Amy wrote, Shadows are created around us whenever something or someone blocks the light. We are created to live in the light.
Starting point is 00:01:44 He is calling me out of the darkness. Turn toward the light and the truth. Amy's outlet was her journaling. She wrote to me about the Bible and having faith. I believe that her faith was important to her because she lived by her faith. She was the salt of the earth, genuine and loving. I found out that Amy had passed in a phone call from our mutual friend. In the next sentence, I found out how she had passed. It's not a phone call you know you want to get.
Starting point is 00:02:30 911 this line is recorded what's the address of your emergency? Hi this is Brian Daniels I'm at North Road. My wife just shot herself. Can you send me some help? Alright Brian we'll get him right out there, okay? I remember my supervisor telling me, we have a death investigation in Westfield, and it's a police officer's wife. That was a rarity to me.
Starting point is 00:03:04 I had not experienced a case like that. She's gone, I'm sorry. God. Okay. Are you sure? Yes. Yes. Brian's role at the Westfield Police Department, he was their evidence guy and the detective bureau. We both knew Brian.
Starting point is 00:03:22 He was very well respected. When you walked in the Fannion house, what did you see? Then I walked into the dining room, and that's when I observed the body of Amy Fannion and a pool of blood on the floor. With a gunshot to the breezeway. There was a police radio, paperwork, mail, and so forth. Chairs pushed about. And on top of this dining room table, you had a peanut butter and jelly sandwich intact on a plate. You had an empty plate that had some blood smear on it.
Starting point is 00:04:05 What was Brian's demeanor when you arrived? He seemed like he was in a state of shock. He was looking straight ahead. Just snap. The gun just exploded. It was just so quick. Hesitated at all. I'm the only one that could make her that angry.
Starting point is 00:04:24 I offered him my condolences. I told Brian that, you know, that I was going to conduct a thorough investigation, that it was going to be by the numbers. Is it standard for the district attorney's office to be involved in a suicide investigation? Yes. Part of our duties at the district attorney's office
Starting point is 00:04:42 was to investigate all deaths. One of our duties at the district attorney's office was to investigate all deaths. What can this deceased tell us about what happened right before she found herself in that state? So I'm taking in everything that I can about that scene and I saw the entry wound to her head it didn't seem right in that moment how would something like that happen It was 1 p.m. on May 8, 2018,
Starting point is 00:05:36 when Massachusetts State Police detectives arrived at a farmhouse in Westfield. 51-year-old Amy Fannion laid dead in the dining room from a single gunshot wound to the head. Detective Mike McNally. Amy was essentially in a pile of blood that was beginning to congeal under her left side. Amy's husband, Brian Fannion, a detective in the Westfield Police Department, had called 911 minutes earlier,
Starting point is 00:05:59 reporting that his wife had shot herself. The dining room, rearranged to accommodate medical personnel, was in disarray as detectives worked to identify clues of what may have happened. There was a blood spatter around that window frame from that dining room into the breezeway. There was a pair of glasses that looked like it had some kind of red-brown spatter on it.
Starting point is 00:06:26 And then there was the bullet. Detectives Brendan O'Toole and Mike Blanchett. The actual projectile was in that front enclosed porch area. The spent shell casing was still in the dining room. We could see the direction that it traveled through Amy's head. That round impacted that dresser, came to a rest right around there in the breezeway. Brian was sitting in a chair with his back to the wall. And he's with the chief of police from the Westfield Police Department who's talking
Starting point is 00:07:03 with him. Everyone was in a state of shock everyone including amy's brother eric hansen who told detectives that he had just finished playing disc golf behind the house when he heard brian's cry for help and that's when he walked into the house saw amy on the floor a gun next to her and Brian holding Amy's hand. So he picked up the gun himself and moved it out of Brian's reach. Because he was worried about Brian's state of mind, having just lost his wife? Yes.
Starting point is 00:07:35 What kind of gun was used? It was a Smith & Wesson M&P 45, Brian Fannion's duty weapon. Did that give you any pause that it was Brian Fannion's weapon?. Did that give you any pause that it was Brian Fannion's weapon? Yes, it gave me pause. At this point, I know that I'm going to really do a detailed investigation. To avoid conflict of interest, O'Toole said he decided that his unit, the Massachusetts State Police, would be the sole investigators,
Starting point is 00:07:59 and he wanted to get Brian away from the house to get a statement. I asked if he would accompany me to the Massachusetts State Police barracks in Russell, and I took a tape-recorded statement from him. Tuesday, May 8th, it's 2.41 p.m. I'm with Brian Fannion. Brian, do you understand I've got a recorder on right now? Yes. Brian told Detective O'Toole that he left his office at the Westfield Police Station around 11.45 a.m. and drove to North Road to meet his wife, who was on her way home to prepare their lunch.
Starting point is 00:08:32 What was she making? Butter and jelly sandwiches. Brian said that when he arrived, they continued an argument from the night prior. An argument that had gotten pretty heated that evening. When you say heated, I guess... Just, uh... I don't know. She just was very angry.
Starting point is 00:08:53 What was the argument about? I'm retiring soon. We're discussing what each of us expects retirement to be. Brian said he told Amy that he didn't want to spend his retirement maintaining their 200-year-old home, which Amy still loved. They also discussed their aging dog and his reluctance to get another one. I don't want to be tied down by a dog. She always wants to have a dog.
Starting point is 00:09:21 I want to travel more than she does. According to Brian, that afternoon during lunch, Amy told him she had scheduled them to attend a family member's play on the day Brian wanted to attend a disc golf tournament. And I just said, no, I don't like that stuff. Why would you commit me without asking? That's when, according to Brian, things soon took a turn for the worse. Brian said he closed the bathroom door, and when he came out, Amy had the gun in her hand.
Starting point is 00:10:01 the gun in her hand. She has the gun pointed up to the right side of her head. What did you hear her say? I think she said, I guess, you don't want me around or you don't want to be around me. Was she seated or? No, she stood up. She was standing? Okay.
Starting point is 00:10:15 According to Brian, he was four to five feet away when he tried to stop Amy from pulling the trigger. Tried to get to her. I almost did. The gun just exploded. It was just so quick. I hesitated all. I just went over and I just held her hands. I tried to... She just held her hands. Brian called 911 and yelled out to Amy's brother Eric for help. Eric told detectives that Brian said he and Amy had been having a tense argument. And she grabbed the gun. He just was so distraught. What did he say? What did he say?
Starting point is 00:11:08 What were you arguing about? No. I was just trying to console him and say it's not your fault. It's not your fault. Amy's death had shocked the Westfield community. My name is Stephanie Barry
Starting point is 00:11:22 and I'm a reporter for The Republican in Springfield, Massachusetts. Amy's maiden name was Hanson. She came from a fairly large family. She and her sisters were all known as some of the prettiest girls in school, some of the smartest, and some of the nicest. It was 1983 when 16-year-old Amy met 19-year-old Brian Fannion.
Starting point is 00:11:46 Fannion came from a long line of police officers and politicians, and in Westfield, the Fannion name was a source of pride. The Fannions were kind of like the Kennedys of Westfield. They were well-regarded. Brian and Amy tied the knot in 1985, and the couple eventually had two children, Travis and Victoria. Amy's close friend, Terry Liccardi, says Amy loved being a stay-at-home mom. Amy's focus was raising her children. She thought that being a parent was the best job in the whole world. The Fanyans, deeply committed to their faith, dedicated their
Starting point is 00:12:26 lives to God and community service, with Brian serving as a church deacon and working as a missionary to build wells in Mexico. After 30 years of marriage, the Fanyans were planning their next phase of life when those plans derailed. Is there any knowledge that Amy Fannion had any mental health issues or suffered from depression? So, I asked Brian and he mentioned many years earlier when she was having some psychological issues and was just on medicine for a period of time. Other than that, nothing, nothing recent. But what Brian did stress was that Amy had bouts with anger. She had a temper,
Starting point is 00:13:07 but she hid it well from everyone but me. She only got that angry when we were alone. Midway into the interview, Detective O'Toole asked Brian if there were any female friends in his life. I have a woman who lives in Pittsfield that I met recently. I did a mission trip to Mexico and we became good friends. What's that lady's name? Corey.
Starting point is 00:13:36 Does she have a last name or Corey? Knowles. K-N-O-W-L-E-S. You guys aren't going to contact her, are you? I'm Erin Moriarty of 48 Hours, and of all the cases I've covered, this is the one that troubles me most. A bizarre and maddening tale involving an eyewitness account that doesn't quite make sense.
Starting point is 00:14:04 A sister testifying against a brother. A lack of physical evidence. Crosley Green has lived more than half his life behind bars for a crime he says he didn't commit. Listen to Murder in the Orange Grove, the troubled case against Crosley Green, ad-free on Amazon Music. music. 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. 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.
Starting point is 00:14:50 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 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+.
Starting point is 00:15:17 Join Wondery in the Wondery app, Apple Podcasts or Spotify. Apple Podcasts or Spotify. For Detective O'Toole, Brian Fannion's admitted friendship with another woman raised questions. Brian had told detectives that Corinne Knowles, known as Corey, was a fellow missionary at a nearby church. The two met in November 2017 on a mission trip in Mexico, and a friendship developed. But it had never gone beyond that. An emotional affair?
Starting point is 00:15:59 He said there was some flirting, but he qualified it that it wasn't... Sexual? Sexual. His term was it was not a friends with benefits. It was not a, his term was, it was not a friends with benefits. At the end of the interview, Detective O'Toole asked Brian to turn over his personal phone. I turned off the recorder. And that's when Brian told me, he was like, you're going to see some things on there and it's not what it appears to be. A red flag for you? Yeah, there's several red flags.
Starting point is 00:16:27 As an investigator, you have to keep an open mind. Within a week of Brian's interview, on May 14, 2018, Amy's wake was held. Brian planted a tree in nearby Stanley Park in his wife's memory. But the investigation into her sudden death was just beginning. Detectives recovered a treasure trove of deleted text messages from Brian's phone. There were just hundreds of texts that expanded the relationship that he was having with Corey.
Starting point is 00:17:14 On May 7th, the day before Amy died, Brian and Corey exchanged 72 text messages until 9.47 p.m. that evening. exchanged 72 text messages until 9.47 p.m. that evening. In one exchange at 9.23 p.m., Brian writes, Good night, my love. I hope you have wonderful dreams of amazing days and nights to come. And Corey responds, Good night, my love. I will dream of you and all that the future holds for us. The next morning at 10.30 a.m., Corey texts, when can I hold you again? To which Brian responds, not soon enough, turning into a very long morning.
Starting point is 00:18:05 And within an hour or two, Amy Fannion is dead. Yes. Head and root for a female party who possibly and potentially shot herself. Police en route. Brian has not been entirely truthful to us at this point. And so we want to speak with him again. On May 17th, 2018, three days after Amy's wake, Brian Fannion arrived at the district attorney's state police office
Starting point is 00:18:38 for another round of questioning. Brian, so we just needed to, you know, clarify some things. We know you're Miranda, right? So I'm going to read him out this form. round of questioning. And on that same day across town, detectives met with Corey Knowles to learn more about her involvement with Brian. Corey Knowles to say, who's Corey, who are you? Corey Knowles, a 48-year-old wife, grandmother, and member of her church's choir, told detectives that Brian's friendship helped her work through a troubled second marriage. Brian's very easy to talk to. Nothing but affirmation and love, and I'm here for you.
Starting point is 00:19:24 But over time, their relationship moved from friendship to flirtation. but affirmation and love and I'm here for you. But over time, their relationship moved from friendship to flirtation. Did I feel passion for him? Absolutely. By April 16th, 2018, five months into Brian and Corey's relationship, their texting gave way to something more intimate when Corey visited Brian's house before they left for volunteer work. Was that the first time you were intimate that you kissed on that April day, the 16th? And then where was that? I went to the kitchen.
Starting point is 00:19:54 Because before I got there, before Amy got home. Corey told detectives that by late April, she and Brian were having passionate makeout sessions in her truck. Brian left work early, met up with Corey in Westfield at Stanley Park, and they made out. There was some sexual touching. But according to Corey, Brian could not perform. It looks more like because I'm still married to Amy. We've seen the text messages.
Starting point is 00:20:32 In all honesty, Brian, it looks like it's a lot more than a friendship, you know. I know it escalated and I'm completely embarrassed by it. Ashamed of it. Shouldn't happen. But a lot of people have affairs and...
Starting point is 00:20:47 Correct. Don't kill their wife. Correct. Detective O'Toole then asks Ryan to go back over his statement of what happened, beginning at the moment when Brian said he placed his gun on the hutch and went inside the bathroom. All right, so you come out of the bathroom, right? She's at the table. Where, just indicate, like, where between the table and the hutch?
Starting point is 00:21:13 Yeah. In a chair right there? I don't know if she was sitting or standing. I think she was standing. I mean... I think she was sitting. Now, when we were trying to get the step-by-step details, he seemed to be wavering. So, you come out of the bathroom, okay? And then what's the first thing that happens?
Starting point is 00:21:36 I just remember her saying that, that you obviously don't want me around. And then Detective O'Toole asked Brian to demonstrate what Amy did with the gun. I just remember seeing her hand come up with the gun. Towards her head? Yeah. So she puts it to the side of her head? Yes. Okay.
Starting point is 00:21:54 And where was the gun when it went off? Was it in the sink? Right to her head. But there is a problem. What Brian did not know was that a CSI report and Amy's autopsy results had arrived. The gunshot entrance wound was not consistent with a self-inflicted wound. Fair to say it took this case in a whole new direction? Yes. During the second interview with Brian Fannion,
Starting point is 00:22:33 detectives O'Toole and Blanchett found themselves facing a challenge that tested their experience as investigators. This is not a normal interview for myself and Mike. We've done thousands of interviews. You know, we're pretty good at it. But it's hard when it's a police officer because he knows exactly how we work. It was a difficult interview. Detectives laid out what they considered to be crucial evidence in their investigation. There's no indication whatsoever so far that she had a gun close to the side of her head.
Starting point is 00:23:13 Well, then we're wrong, because she did. Because I saw it. It didn't happen. How do you say there's no indication? Well, I mean, that's what it's showing us right now. Well, I mean, that's what, you know, that's what it's showing us right now. The medical examiner listed Amy's manner of death as undetermined. And combined with CSI findings, investigators did not believe that Amy died of a self-inflicted wound. I mean, there's no doubt she was shot. But the question is, from what distance?
Starting point is 00:23:50 It was right freaking there, I'm telling you. I will do what you need to, but I'm telling you, it was right there. In Amy's case, distance mattered. This is because with self-inflicted gunshot wounds, debris known as gunshot residue is expelled from the firearm and leaves a distinct pattern on and inside theis known as gunshot residue is expelled from the firearm and leaves a distinct pattern on and inside the wound known as stippling, as demonstrated here. Brian, you understand like guns and stippling and all that stuff. I do, and I can't.
Starting point is 00:24:17 There's none on her, Brian. There's none on her. There has to be, because the gun was right freaking there. There's none on her. There has to be, because the gun was right freaking there. There's no matter. Then they're wrong. I'm telling you, they're flat out wrong, because it was right freaking there. The other option is you got pissed and you're a few feet away and you shot her in the head. No, no. When she's sitting eating a peanut butter sandwich.
Starting point is 00:24:40 Didn't happen. Didn't happen? Did not happen. All right. Didn't happen. Didn't happen? Did not happen. With Fannion's affair exposed and CSI reports in hand,
Starting point is 00:24:52 detectives suspected Fannion had likely shot his wife, but they still needed more evidence. On May 24, 2018, detectives obtained a search warrant for Fannion's home, and when detectives arrived... Brian asked if I was there to arrest him, and I told him I wasn't, and then he asked me if I thought he did it. Were you surprised he asked you that? I was noting it. I didn't know how to feel, and I didn't answer his question. Detectives took additional measurements to analyze the trajectory of the bullet. Fannion's home electronics were confiscated, and at the same time, his desktop computer and laptop
Starting point is 00:25:32 at the Westfield police station were seized for data extraction. Do you see any signs that Brian Fannion planned to kill his wife? Any evidence that points to that? We see a totality of all the evidence here. We're not the fact finders. We're detectives, so we collect all this information, and then it's going to be presented. Someone else is going to make a determination on that.
Starting point is 00:26:00 And that someone would be Hampton County Assistant District Attorney Mary Sandstrom. New to the Homicide Division, Sandstrom had arrived in Massachusetts by way of New York. Is it fair to say you were a fish out of water a bit? It's always hard not being from the area in which you prosecute. It's a very small, very intimately connected town. So yes, you're never at an advantage where you don't know everybody by name. Adding to the difficulty,
Starting point is 00:26:32 Brian Fannion is a detective. Yes. And respected. Very much in that community. As spring gave way to summer, Corey ended her relationship with Fannion. And by early 2019, Fannion retired from the police force. The investigation into Amy's death continued. We're still trying to get some testing done because we want to have as strong a case as possible before we go in before the grand jury.
Starting point is 00:26:59 And a complication in the form of a letter was among the case files. And a complication in the form of a letter was among the case files. Amy's family members expressed their unfailing support of Brian Fannion, saying, we are certain Amy took her own life. The letter was signed by Amy's siblings and even her own mother. That's got to be tough for you. It's an awkward position for a prosecutor where your victim family isn't supporting you. It was an odd spot to be in. An odd spot, perhaps, but not a deterrent. On November 6, 2019, 17 months after Amy died, detectives arrived at Brian Fannion's door.
Starting point is 00:27:41 Brian came to the dining room door pretty quickly, as I recall it, and he said something to the effect of, come in. Then Mike Blanchett began to describe to Brian, Brian, we have an arrest warrant for you. Police say Brian Fannion told them that his wife shot herself with his gun while he was at home on a lunch break last year. I remember telling him, put your hands behind your back. I took out my handcuffs. Through their investigation, they only solidified their suspicion that Brian pulled the trigger. He was eating assorted nuts.
Starting point is 00:28:14 He was popping some in his mouth. And as he put his hands behind his back, he let them drop to the floor. We transported Brian to the Russell State Police barracks. He's processed, photographed, fingerprinted. If Stan's accused of killing his wife in what was originally reported... I assessed the feeling of despair on Brian's face, like I can't believe this is happening. this is happening. Have you ever wondered who created that bottle of sriracha that's living
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Starting point is 00:29:55 early and ad-free, with a 48-hour plus subscription on Apple Podcasts. stephanie berry a crime reporter at the republican newspaper recalls the unusual scene that played out 15 miles away in springfield massachusetts inside the hampton county superior court in early november 2019 there's no one who spent any amount of time in Westfield who didn't know who Brian Fannion was. It was a pretty full house, and the kind of palpable shock remained throughout the entire proceeding.
Starting point is 00:30:39 Fannion, who appeared for his initial arraignment, entered a plea of not guilty, and sitting right behind him were members of both Brian's and Amy's family. I can't think of another instance when I've seen the family of a victim sticking up for the accused murderer of their loved one. And despite the absence of support
Starting point is 00:31:03 from members of Amy's family, ADA Sandstrom continued to build her case. What was Amy Fannion like? She sounds like a fairy tale. Giving, selfless, completely dedicated to her family. According to Sandstrom, the night before Amy died,
Starting point is 00:31:23 she was making a gift for an upcoming baby shower that she planned to attend and was texting her daughter Victoria. Did anyone ever say that Amy was ever suicidal? She wasn't a person who was ready to die. Amy was healthy. She was happy. What do you think Brian Fannion's motive was? He was ready to start a new chapter of his life that did not include Amy Fannion's motive was? He was ready to start a new chapter of his life
Starting point is 00:31:45 that did not include Amy Fannion. He's chosen his life partner in Corey. Amy's the only thing standing in the way now. And that's always the million-dollar question. Why not divorce? He can't divorce Amy for how he's gonna be seen in this community. Divorce is public.
Starting point is 00:32:01 But in his mind, murder doesn't have to be. The trial started today for a former Westfield police officer who's accused of murdering his wife. On February 23rd, 2023, in what would be Westfield's most publicized case, Brian Fannion's trial began. He faced a life sentence for the first-degree murder of his wife. 48 Hours made several interview requests to Brian Fannion, his attorney Jeffrey Brown, as well as family members of both Amy and Brian,
Starting point is 00:32:31 but never received a response. This is a big case, a lot of attention. How are you feeling? For any trial, you're always nervous. And this was probably the most high-profile case I've ever done. Opening statements revealed conflicting accounts of the circumstances surrounding Amy Fannion's death. The defendant was a deacon at Wyvern Union Church and an officer for the Westfield Police Department. The evidence will show that while the defendant was repulsed by continuing his marriage with Amy,
Starting point is 00:33:03 he couldn't divorce her either, leaving him trapped. And once that evidence is before you, I will ask you to find the defendant guilty of murder in the first degree. Vanden's defense focused on Amy's anger issues and claimed she suffered from anxiety. Brown alleged that on the day of Amy's death, an argument over Brian's retirement plans
Starting point is 00:33:26 and his refusal to attend a family member's play pushed her over the edge. In the days before Amy shot herself, Amy was very mad at me. You had to tread lightly around Amy for fear of setting her up. And at the conclusion of the evidence in this case, I'll ask that you find Brian Fannion not guilty. Thank you. Anna Hansen, Amy's younger sister, was the first witness for the prosecution. She was the only family member who signed the letter of support that willingly testified against Brian Fannion. against Brian Fannion. Anna stated that during the investigation into Amy's death,
Starting point is 00:34:09 her brother-in-law confided that he was worried about searches he had conducted on his computer. I asked him what that search was, and he said how to make a murder look like a suicide. He specifically said he searched, quote, how to make a murder look like a suicide. Those were his exact words. Anna told the jury that when she asked her brother-in-law why he made this search, Fannion told her that Amy asked him to do it after they watched a CSI show.
Starting point is 00:34:35 It was a show that Anna questioned if Amy had ever watched. Did she ever say that she liked those shows? She never shared that with me. The prosecution's next witness was Fannion's former lover, a divorced Corey Knowles, now Corey Hastie, who told the jury that Fannion was concerned about ending his marriage. Did the defendant ever talk about what would happen to him if he was divorcing me? Yes.
Starting point is 00:35:02 If Amy was to ever leave, excuse me, where he divorced her, that she would take him for everything he's got. Because he wouldn't be able to sustain a retirement. The prosecution called Tom Forrest from the Cyber Crimes Unit. All of Fannion's devices were examined, but it was Fannion's office computer that produced some curious results. Forrest said Fannion's office computer that produced some curious results. Forrest said Fannion visited... Common and dangerous poisons. Which drug causes the most deaths each year? 16 common household items that could kill you.
Starting point is 00:35:35 But it's only when this affair starts up that all of these incriminating searches start to appear. Carbon monoxide, the invisible killer, household poisons, common prescription overdoses. And 11 days prior to Amy's death, Fannion used his office computer to view a news report on YouTube called, What Gunshot Residue Tests Tell Us.
Starting point is 00:36:00 He wasn't assigned to any active investigations in April and May of 2018 that would necessitate looking up gunshot residue. Nobody in the Westfield Police Department does gunshot residue testing. I was trying to keep a very open mind about what the evidence was going to show, but I didn't think that was great news for Brian Fannion. Good morning, Your Honor. Detective John Shrine, a ballistic expert and a crucial witness for the prosecution,
Starting point is 00:36:25 testified that Amy's wound was not self-inflicted. Citing the absence of gunshot residue near the wound, coupled with the trajectory of the bullet, Shrine concluded that Amy Fannion was shot from a downward angle and at a distance of at least 18 inches, not at close range as Fannion had claimed. Over 18 inches. Without anything intervening, that's correct. After 12 days of testimony and 27 witnesses, the prosecution rested. But waiting in the wings was a defense poised to introduce a significant element
Starting point is 00:37:12 that could potentially unravel the DA's case. Any prosecutor who's not worried about a defense probably isn't a good prosecutor. What do you think is the most damning piece of evidence chat now with the 48 hours team on facebook and x hot shot australian attorney nicola gaba was born into legal royalty 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 Marsha Clark, host of the new podcast, Informants Lawyer X.
Starting point is 00:37:56 In my long career in criminal justice as a prosecutor and defense 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. 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 Plus. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify, and listen to more Exhibit C true crime shows early and ad-free right now. Defense attorney Jeffrey Brown, whose client faced life in prison, launched a counterattack when he cross-examined Fannion's former lover, Corey Hastie. According to this state, Fannion's affair was the primary motive
Starting point is 00:38:53 for murdering his wife. But Hastie admitted to the defense that when she ended their relationship, Fannion didn't try to stop her. When ultimately you ended it with Brian, his response was, okay, isn't that right? To my recollection. He didn't say to you, oh my God, I killed Amy for you and you're leaving me. He never said that, right? Correct. And what about the websites Detective Forrest from the Cybercrimes Unit said Fannion visited? Carbon monoxide, the invisible killer, common and dangerous poisons, 16 common household items that could kill you. The defense argued that some of the websites he visited were related to an aging house, an old wood-burning stove,
Starting point is 00:39:48 and the potential hazards it might pose to a young family member. Did you know that the Fanyans were beginning to have a young niece, a child, stay in their home during that time frame? No, I did not. But what the defense couldn't reconcile were Fanyan searches about gunshot residue days before Amy's death. And there was Amy's sister, Anna, the only family member who willingly testified for the prosecution. She claimed that Brian told her he searched
Starting point is 00:40:14 how to make a murder look like a suicide on his computer. You didn't find any sites that were searched or visited relating to the terms how to make a murder look like a suicide. Isn't that true? That is true. The defense narrowed its focus and scrutinized Amy's personality by cross-examining Amy's own mother, Patricia Tarrant.
Starting point is 00:40:42 Did your daughter Amy have a temper? Yes. A temper, according to Amy's sister Holly, that would typically be directed toward her husband. Well, did she snap at Brian in front of you?
Starting point is 00:40:59 She would. I was embarrassed for him. You don't usually talk to your husband kind of in that way. Maybe you reprimand a child, but not a husband. But would Amy's temper lead to an impulsive decision such as grabbing Fannion's gun? According to Amy's son, Travis, it would. According to Amy's son, Travis, it would. I could easily picture or envision her grabbing the gun impulsively to make a point that she picked it up intending to complete a trigger pull and shoot herself.
Starting point is 00:41:44 But what would explain the lack of gunshot residue on Amy? Her wound is consistent with a close-range gunshot wound. Alexander Jason, a senior certified crime scene analyst, testified for the defense. That's the foundation of the whole prosecution. And this whole idea that it had to be 18 inches because the absence of gunshot residue is not valid. Jason says the lack of gunshot residue was not due to distance. It was due to Amy's hair. What could Amy Fannion's hair have told us? Amy Fannion had very dense, thick hair.
Starting point is 00:42:17 That will block the gunshot residue. Jason's research, Effect of Hair on the Deposition of Gunshot Residue, was published by the FBI's Forensic Science Journal in 2004. Jason says there could have been gunshot residue, commonly known as GSR, embedded in Amy's hair. The crime scene analyst did not test her hair. What they should have done is taken the hair and then analyzed those little specks to see if they're gun't due or not, which was a mistake. Jason's testimony was limited at trial. To support his theory, he and his daughter, Juliana, met us at a gun range in California to demonstrate what may have happened to Amy Fannion.
Starting point is 00:43:01 I'm going to fire two times. Using a.45 caliber gun and ammunition identical to what was found at the scene, Jason fired a single round into a mound of hair backed by a ballistic skin simulant. So you just shot a.45 caliber gun three inches away through hair. Yes, Amy Fannion had considerable hair, maybe more dense than this, where the bullet entered. And the hair will act as a filter and prevent the gunshot residue from reaching her skin. For comparison, Jason positioned the gun at the same distance using identical ammunition and fired into the skin simulant without hair.
Starting point is 00:43:42 And I pull this away. Wow. You can see there's a big difference. Look at that. That's a very clean wound. That's a very dirty wound. That's incredible. All from the hair. All from the hair. The hair acted as a filter. Pretty fascinating. While Jason believes this scenario is what happened to Amy Fannion, he stopped short of saying whether or not Fannion killed his wife. But what he does believe is that basing a case on the absence of gunshot residue is wrong.
Starting point is 00:44:13 And he should not be convicted on that basis. That's my bottom line. After 40 witnesses and 15 days of testimony, closing arguments. She raised the gun up to her head in a fit of rage and in effect caused her own death. This defendant murdered Amy Fannin with deliberate premeditation. On March 21st, 2023, the jury got the case. And after two days of deliberations, the verdict. The poor person would say to you, is the defendant guilty or not guilty?
Starting point is 00:44:53 Guilty. Guilty of what? Guilty of what degree? Brian Fannion was found guilty of the first-degree murder of his wife, Amy Fannion. And sentenced to life without parole that same day. Brian's side of the aisle just collapsed in sobs. These people loved Brian and sincerely thought that he was innocent. For Assistant District Attorney Mary Sandstrom, Fannion's conviction was bittersweet and hard won. It's never a victory.
Starting point is 00:45:39 Amy Fannion should be here. She should be with her daughter and son and her now grandchildren. And she's not. And it was all for nothing so that Brian Fanyon could enjoy his life and end hers. Brian Fannion's conviction is under appeal. Join me Tuesday for Postmortem from 48 Hours, where we'll dive even deeper into today's episode and answer your questions about the case.

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