48 Hours - The Fitbit Alibi

Episode Date: March 25, 2018

A suspect in a murder swears he didn’t do it.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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,

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

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. To most Wisconsinites, Green Bay is a magical place. It's where the Packers play. It's a fun town, and everybody knows everybody.

Drinking is part of the Wisconsin tradition. Green Bay is a great downtown pulse and I feel it's relatively safe. Nobody would ever think that something like this would happen in our community. Continuing coverage tonight of a death investigation in the village of Bellevue. When I had gotten the news, I just shook. I just shook. I just shook. There is police activity in the field. I was a good friend of Nicole Vander Heiden's. She was my neighbor. We watched each other's kids. She just was a ball of fire.

Nicole Vander Heiden was 31 years old. She was living with her boyfriend, Doug Dietry, and they had just had a baby together. It was Friday, May 20th of 2016. Doug and Nicole decided to go out that night. This was an opportunity for them to go out and have a great time. The night didn't end in a great time. It ended in a nightmare. Nikki walked off into the darkness that night. She just walked off. She vanished.

That was the last anyone saw of her. About where was she found? Right down this embankment. When we arrived on scene on this one, we kind of knew right away it was probably going to be different. At the scene, that was the most apparent thing, is the trauma to the left side of the face. When you came here, there was no way to identify her. You had no idea who she was?

Not right away, no. Doug Detry, he woke up in the morning. Eventually, later that afternoon, he had called the sheriff's officer, 911, to report that his girlfriend did not come home from the night before. I'm here for a missing persons report. We sent some officers over to her residence to take the missing person report. So this is not normal behavior for her? Not at all. And this is where Nicole was living?

Correct. And you believe that she was killed here? Correct. Across the street, in the roadway. A large quantity of blood that was determined to be Nicole's. Everything's pointing to Doug Dietrich's. Yeah, so then Monday night... Right now I'm going to be taking you into custody. We felt we had probable cause to arrest Doug Dietrich.

I'm a decent guy. Okay, I'm a decent guy too. I get that, I'm sure you are. I think people were shocked. People are wondering, could he have done it? Did Doug do it? His alibi was his Fitbit that he had been wearing all night and that supposedly proved that he was asleep

at the time of her murder. The technology is really what drew me to this case. We had this evidence, wanted to check out, have tested at the lab. The DNA evidence starts to come back. And it belonged to an unidentified male. Subject outside on the porch. That was our goal,

is to figure out who is this mystery person. It's definitely a whodunit. There's lots of twists and turns to it, and it's hard to know who's telling the truth. 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. 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 bold

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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. 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.

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 Informants'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. Green Bay is supposed to be a really safe place.

You know, mothers don't go missing and police don't find their bodies in farm fields. February 2018. Friends and family of Nicole Vander Heiden gather in a packed Brown County courtroom seeking justice for her brutal, senseless murder two years earlier. What happens in this case could definitely come down to the technology. Kate Bricolet covers crime for The Daily Beast.

Who would do this? Who would do this to Nikki? I was just, it's not real. You know, that can't be. Tiffany Hoffman was a close friend of Nicole's who everyone called Nikki. They had been friends for years and shared a love of the outdoors. What's the first thing that comes to mind when you think of her? Light, spirit, um, a verve and a zest and zeal. She was close with her family and loved her children. Nikki was a mom to three, Michaela and Tyler from a previous marriage, and six-month-old Dylan, whose father was her boyfriend, Doug Dietry.

The two had met in January 2015 and soon moved in together. She was really, really happy when she talked to me. She said they both were excited. Yeah, that they both were excited to have a baby. On the night of Friday, May 20, 2016, Nikki and Doug make last-minute plans to get a babysitter and join friends at a bar called The Watering Hole to see a Steel Panther concert.

watering hole to see a Steel Panther concert. I think Nicky was really looking to let loose and have a good time. As the concert is ending, Nicky decides to go with Doug's friends to another bar called the Sardine Can. And leave him. Doug agreed that he would finish his conversation he was having and find her at the next bar. As seen on this sardine can security camera, Nikki

appears to be having a great time talking and dancing with friends. But as the night wears on and Doug still hadn't shown up here at the sardine can, she gets upset and begins sending him angry texts. They were scorching and they were all but accusing him of infidelity. Sometime after 11.30 p.m., Nikki tries calling Doug but he doesn't answer. So another friend calls Doug and he answers and this enrages Nikki. And so she gets up and leaves

the bar. One of Doug's friends runs after Nicole begging her to come back to the bar but she refuses. Instead, Nicole walks down this street, turns left, and vanishes into the night. When Doug finds out that Nikki has left, he and his friend Greg drive around looking for her. When they can't find her, they go into the sardine can where Doug, seen here in long pants, has more to drink before the two of them head out. Early the next afternoon, farmer Richard VandeHei makes a gruesome discovery. Over this hill right over here. Yep. At first I thought it was a deer because of the rust color in her hair.

Then I realized it was a young lady. She was naked other than socks that were on her feet and a pink wristband. Other than that, we had no form of identification. Brown County Sheriff's Sergeant Rick Lobnow is among the first to respond to the scene. There was a lot of blood. There was obvious injury, trauma on the side of her face. Obviously the first step of the investigation is to identify who the person is. Sergeant Brian Slinger is the lead detective on the case. That in and of itself was difficult due to the severity of the injuries.

Brown County Public Safety, this is Therese. That in and of itself was difficult due to the severity of the injuries. Brown County Public Safety, this is Therese. Deputies get their first lead at 4.30 that afternoon when Doug Dietry calls 911 to report Nikki is missing. And her date of birth? March 29, 1985. Her description matched what we had found in the field as far as age, proximate size, hair color. Slinger sends officers with a hidden camera to Dietrich's home, which is just a little over three miles away from where the body has been found. So you left that sardine can in the room for another 30 to 40 minutes?

Yeah, because we didn't get back there. I don't even know what time it was. It was late. 2.30? Doug tells deputies that after Greg dropped him off, he fell asleep around 3 a.m., and except for getting up to check on the baby, he was asleep until after 6. Did you do anything to cause her to go missing? No, not at all.

That night, Doug's parents watch baby Dylan while Doug is further questioned at the station. It's here they tell him that Nikki has been murdered. I can't be. Please don't. As Dietrich is being questioned, detectives get a warrant to search his and Nikki's home. They find blood on the floor of the garage and in Nikki's car. On the headboard, on the side, and then in the backseat area. They also discover a pair of Air Jordans in the garage that appear to match the shoe print found on Nikki's back

and seem to have blood smudges on the bottom. For us, it's adding up. Okay, this is our guy. Just before dawn, an off-duty patrolman reports items scattered along a highway ramp less than two miles from where Nikki's body has been found. There's a purse as well as her cell phone and items that she was wearing that night.

And there are more damning clues found in a neighbor's yard who lives across the street from Doug and Nikki. And what was found here? A large quantity of blood that was determined to be Nicole's as well as some clumps of blonde hair. And then there was also a cord, which I would describe as like a phone charging cord. This was a huge discovery. Now they had a murder scene, and it was 118 feet from Dietrich's front door. More than 70 pieces of evidence are sent to the state crime lab.

Statements. Now detectives had a theory about how Nikki had died. There was some sort of argument between her and Doug, maybe when she got home. Somehow it ended up out in the street. Right now I'm going to be taking you into custody. Sheriff deputies are recording when they arrest Doug Dietry, who quickly becomes emotional. There's one answer, everything this. Get this cleared up.

Dietry isn't charged with murder, but deputies hold him on a $1 million bond while they wait for DNA results. Is there DNA on the bottom of this shoe? Is that blood on the bottom of this shoe? 18 days later, investigators are stunned. Crime lab tests show the blood in the car isn't Nikki's. The blood in the garage isn't human.

And tests on the shoe stains are inconclusive, but appear not to be blood at all. We had nothing on Doug, so he was released. What's more, on the night Nicole disappeared, Doug just happened to be wearing a Fitbit, a personal tracking device. It goes on your wrist just like this, like a watch, and it tracks your activities, the steps you take, your heart rate, even your sleeping patterns. When the Fitbit data stored in Doug's phone is examined, it corroborates his story. He had a few footsteps throughout the night, getting up to go to the bathroom,

check on the baby, whatever. His story that he told us was absolutely 100% true. So who killed Nicole Vander Heiden? Will more high-tech forensics blow this case wide open? See more of Doug Dietry's interview with police on Facebook at 48 hours. 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 reached the age of 10 that would still have heard it. It just happens to all of them.

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 Plus.

Join Wondery Plus in the Wondery app, Apple Podcasts or Spotify. As a kid growing up in Chicago, there was one horror movie I was too scared to watch. It was called Candyman. But did you know that the movie Candyman was partly inspired by an actual murder? Listen to Candyman, the true story behind the bathroom mirror murder wherever you get your podcasts. Nicole's mother and her brother Brandon struggled to understand how anyone could murder their beloved Nikki.

NICOLE BRANDITTI, It was a horrendous thing, and it's just so hard to let that out of your heart. JUDY WOODRUFF, What do you miss the most? NICOLE BRANDITTI, I'm waiting for her to come walking through my door again, you know. Out of your heart. What do you miss the most? I'm waiting for her to come walking through my door again, you know? I miss her the most. I miss her. I have a picture of me and her when we were younger.

I look at that every night and... I miss her all the time. Remember, the evidence appears to clear Doug Detry. So in June of 2016, his focus turns to raising his son Dylan, while Nicole's two older children live with their father. The case torments Sergeants Brian Slinger and Richard Lopnow. They are back at square one with no idea who did this. Two of you have this horrific murder on your hands. What are you feeling at that moment?

We needed to figure out how Nicole got home. We pulled video cameras from every single bridge in the city of Green Bay because in order for her to walk home, she would have had to cross a bridge. They re-interview witnesses, re-examine phone logs. It was getting to the point where, you know, we had looked at each other and said, oh, I really hope this isn't a cold case. Their first big break comes over the course of the summer. DNA results trickle in, and they are tantalizing. The investigators learn that many of the samples taken from Nicole's clothing

and from the neighbor's yard have DNA from an unidentified man on dozens of samples, the same partial profile, but never enough for a positive ID. We had this one consistent mystery guy, I guess you'd call it, and our job was to try and find out who that was. It was just a very confusing time. Nobody knew who would have done this to Nikki. And then finally, that August, almost three months after Nicole disappeared, the investigators get a call from the crime lab.

One of the socks Nicole had been wearing has enough DNA to run through the national database. And they get a name. The excitement was amazing. The DNA belongs to a man named George Stephen Birch. I was a hit over the state of Virginia. Virginia? Yeah, Virginia. So I was like, okay, who is George Birch,

and why is he in Green Bay, Wisconsin, of all places? Yes, we have a name now, but now we need to start digging on who this person is. Birch moved from Virginia to Green Bay on March 1st, 2016, looking for a fresh start. A longtime friend gave him a place to stay and helped him find a job. He also loaned him a car, a red Chevy Blazer. That red Blazer would provide crucial evidence. It had been involved in a hit-and-run accident and destroyed in a fire a few weeks after Nicole's murder.

So when detectives run Birch's name through the local police database, up pops the accident report, which leads them to an address for George Birch. Swear to God, drive by the first time, who's standing out in front of the house smoking a cigarette? George Birch. Swear to God, drive by the first time, who's standing out in front of the house smoking a cigarette? George Birch. My hair stood up on the back of my neck. I had goosebumps.

It was like, oh, my God, there's our guy. They videotape his movements and keep their suspicions to themselves. And they learn that when Birch was questioned about the hit and run, he handed over his cell phone and on it, a high-tech treasure trove. He gave them consent to search his phone. They extracted the entire thing. So I requested a copy of that. It's an Android phone that had a Gmail account associated with it. We were recently made aware of this Google dashboard data that could potentially give us GPS data. You may not know this, but chances are if you have an Android device with a Google account,

your exact location gathered via cell phone towers, local Wi-Fi hotspots, and GPS locators is constantly tracked and stored within Google's servers. The information can be viewed with a tool called Google Dashboard. The investigators obtain a warrant to view Birch's Google Dashboard. What they get back is astonishing. Birch started the night that Nicole disappeared at Richard Cranium's, a bar a half mile from the sardine can. The data tracks Burch at 2.30 a.m.,

leaving Richard Cranium's and driving to Nicole's house, the crime scene, where he stayed for nearly an hour. It was very obvious that here's our guy. He is next tracked at the field where Nicole's body was found, then near the off ramp where her bloody clothes were discarded, and then at 4.22 AM back at his home. And when you saw that he was right there, what was your reaction? I mean, it's a huge piece of evidence, obviously.

Finally, enough for an arrest. Captured on police dashboard cameras. We sent one guy out to the house a little bit earlier to get eyes on, and he called me, and he's like, oh, my God, he's on the move, we've got to go now. We all had a rally up, get in our cars and drive. On a drizzly September day, four months after Nicole's murder, George Birch is arrested and charged with first-degree intentional homicide. Nicole's former brother-in-law,

Sean Vander Heiden, says the news came as a big surprise. I had no clue who he was or where this guy came from, but I was just happy to hear that they had someone. Nicole's family and friends have a new anguish, waiting for a trial. Last March, on what would have been Nicole's 32nd birthday, they came together on Lake Michigan to release lanterns in her honor.

It was so cold, so cold, but her memory warmed us. We all went out on that dock, on that pier, and lit our lanterns and sent them off into her memory. Why lit lanterns? Why was that used to honor her? A light, her light. She was a light for so many in this world. All right.

Nearly one year later, on February 19, 2018, George Birch goes on trial for Nicole's murder. The prosecution has a strong case. Mr. Birch must be held accountable. But according to the defense, prosecutors have the wrong man. You will know that Douglas Dietry, Nicole's boyfriend, murdered Nicole. For Nicole Vander Heiden's family, every day of George Burch's murder trial is agony. Vicki, how did you get yourself to go every day to that courtroom? I don't know.

God, he must have just taken our hands and led us there because, I mean, we wanted answers. Friends say it's agonizing for Doug Dietry, too, especially once he learns that George Burch's defense team is planning to blame Nicole's murder on him. He was nervous, and I would be, too. You know, you were accused of a murder, and it's so many things going through your head. You know, you were accused of a murder, and it's so many things going through your head. And now, Doug Dietry's testimony is critical to the prosecution.

Kind of interesting that the man who you first thought might have killed his girlfriend is gonna be one of the most important witnesses at this trial, right? Right. He will be very important. Just as important would be the technology evidence, data collected from both Doug Dietrich's Fitbit and George Birch's phone. Prosecutors say that Dietrich's Fitbit shows he couldn't be the killer. The autopsy results, the DNA identification,

the Google dashboard data, the records from Fitbit, that is the evidence that will drive you. You will follow that evidence and you will find the truth. Doug's Fitbit is seen here in this video captured by officers on their very first interview, the day he reported Nicole missing. Prosecutors say downloaded data showed Doug barely moved in the hours they believed Nicole was killed and left in the field. And is that based on the data that you obtained directly from Fitbit? Yes, it is. Everything that I could view directly on the device and lined up with what had previously been stated. what had previously been stated.

Did you ever during this trial, or have you thought much about it, that how lucky it was that Doug happened to be wearing a Fitbit that night and the next morning? Yeah, that was huge in this case, I think, right there. That pretty much said he wasn't there when this all happened. On day three of the trial, Dietry takes the stand. Do you swear to tell the truth, the whole truth and nothing but the truth? Prosecutors aim to present him as a normal guy, not the best boyfriend maybe, but an unlikely killer.

Can you tell us about your family? My mother, my father, my amazing little son, Dylan. Deidre tells the jurors he and Nikki dreamed of getting married one day. And early on in the night she disappeared, they were having fun. Nikki didn't usually drink, he says, but that night they were both partying hard. What was the pace she was drinking that night? Pretty quickly. I think she had like two down and I was still on my first one. Once they got separated and Nikki went ahead to the sardine can with friends,

Doug continued drinking and smoked some marijuana. Before long, Nikki sent him her first angry text, wondering where he was. Nikki's texts got angrier, and she accused him of being with other women. At any point in response to those messages, did you get upset with Nikki? No, I didn't. The texts kept coming. Doug said he offered to pick her up, but her phone died. Uh, no, I didn't. The texts kept coming.

Doug said he offered to pick her up, but her phone died. Were you concerned that Nikki was missing at that point in time? I was not concerned that she was missing. I was kind of concerned, like, why is she upset? Did you have absolutely any involvement in Nikki's disappearance or death? No, I did not. involvement in Nikki's disappearance or death? No, I did not. Under cross-examination, George Burch's attorney, Lee Shookert,

pushed Doug on whether things at home were really as good as he said they were. Burch's lawyer shows jurors a text Doug sent to his mom 10 days before Nikki died, saying, I'm very seriously thinking about telling Nikki and the kids they have to move. So in May of 2016, though, there were times where you were seriously considering breaking up with Nikki and the kids. I never really, like, seriously thought about it, like, made plans or anything like that. It's just a lie to your mom. What the jury would never hear is that several of Deidre's past girlfriends accused him of being jealous, abusive, and controlling. One girlfriend claimed that he put a tracking device

on her phone so he'd always know where she was. In her barrage of angry texts to Doug that night, Nicole also accused him of being abusive. Did you hurt Nikki that night? Uh, do you mean physically or what? I... No, I mean... Did you physically beat her in the past? No, I never physically beat Nikki. Had you cheated on her in the past?

Uh, no, I have not. You know, Doug is physically beat Nikki. Had you cheated on her in the past? No, I have not. You know, Doug is not an angel. Isn't that going to be a problem in this jury? Doug Dietry's not on trial. George Birch is on trial. Defense attorneys asked the babysitter, who took care of Dylan that night, to recount an odd conversation she had with Dietrich the day after Nicole died. I just asked, what happened? You know, like, what happened? And he just replied, I don't know,

she hit her head, and then she just wanted to walk home. So specifically, when you had asked him what happened, he said, I don't know, she hit her head, correct? It came out of his mouth, that comment. I don't know what that meant, but it came out of his mouth. Would the questions raised about Doug make jurors wonder if the right man was on trial? And would they buy George Burch's stunning version of what happened that night? It was fairly dark. I saw someone standing behind me. Who was it? It was Doug dark. I saw someone standing behind me. Who was it? It was Doug Dietrich.

It's day eight of the George Birch murder trial. Judge, at this time, the defense calls George Stephen Birch to the stand. And with it comes a testimony everyone has been waiting to hear. George Birch's version of what happened the night Nicole Vander Heiden was murdered. There was a lot of skepticism about George Birch's story, yet we all wanted to hear it from George's mouth. All right, you may be seated, Mr. Birch. Let's start from the beginning. Okay.

Prompted by his attorney, Birch tells jurors he's a hardworking family man with an easygoing nickname. Most people call me Big Country. Public defender Scott Stebbins takes Birch back to the night of the murder. Birch claims he ran into Nicole at the local bar called Richard Cranium's.

How were you acting towards her? I was flirting. And how was she acting towards you? Somewhat the same, pretty much. Flirting back and forth with each other. According to Birch, they continued flirting until closing time, around 2.30.

And just as the Google dashboard evidence showed, he drove Nicole the eight miles to her house and pulled up to the curb across the street. We sat there and talked for a few minutes. Okay. What happened after that? Started just fooling around, messing around a little bit. Started kissing. Birch then detailed what he says was consensual sex. Nicole was in the back seat, and Birch, too big to fit in the back seat with her,

stood just outside the rear passenger door. I was standing outside the blazer. Nikki's family and friends had to sit there silently and listen. Anyone who knew Nicole knew that there was nothing that she would ever, ever do that was not her. But it's what Birch says happened to him while he says he was having sex that was perhaps the most difficult to accept. He says he was knocked out. The next thing that I remember, apart from us having intercourse, was literally waking up on the ground outside the truck. Did you hear anything?

The first thing I heard was, don't even f***ing think about it. Birch said he turned and saw someone standing behind him holding a gun. At that point, did you know who that individual was? Never seen him before in my life. Do you know who that individual is now? Now I do. Who was it? It was Doug Dietrich.

Birch says he saw Nicole laying on the pavement. I didn't know if she was alive. There was a lot of blood. The 6'7", 250-pound Birch said Dietrich told him to put Nicole's body in the blazer and then drive to the field. Dietrich, he said,

ordered him at gunpoint to carry Nicole's body down an embankment. That's when I turned and with everything I had, I lunged at him and pushed him as hard as I possibly could. Birch said he ran back to the blazer and headed for home throwing Nicole's clothes out the window on the way. The next day he met up with friends and went fishing. You didn't call 9-1-1? No sir. But he didn't tell anyone else either. You don't tell them people. People get killed all the time where I'm from for that. As Birch told his story,

two women were in the courtroom listening to every word. They have traveled more than a thousand miles to be here every day. We just wanted him to see our face every day and know that we haven't forgotten what he did and we've never forgotten Joey. Joey is Joey White. It's Joey and Audrey. Twenty years ago, he was murdered in Newport News, Virginia. The man accused of killing him?

Neighborhood rival George Burch. But this jury will never hear about it. He was out on bond when he killed Joey. Shana Stowe was Joey White's fiancée and the mother of his child. I'm 16. Joey's 22 there. He was my first love. He was it. Carla Rhodes is Joey's 22 there. He was my first love. He was it. Carla Rhodes is Joey's sister. I miss him a lot.

Birch testified at that trial too. He looked at us, laughed at us the whole time. Smirked. And what happened? Not guilty. It was shocking when they said not guilty. Neither was surprised that Birch had been accused of another murder. I'm not shocked at all. I mean, I wouldn't be surprised if he's killed other people. Look what he did. I mean, it's brutal. When it was finally district attorney David Lassay's turn to cross-examine Birch. He had one thing in mind.

To show how ridiculous his story was. And he says he had plenty to work with, like Birch's claim that Nicole would have agreed to have sex in the car. So, Nicole would rather have sex with you in front of her neighbor's home with your butt hanging out the door of the car than ask the babysitter to go home? Sir, I don't know. I wasn't the one making decisions. And if Birch was hit hard enough to knock him out,

why didn't anyone see bumps or bruises on his head when he went fishing the next day? I'm 6'7", so it's hard for someone to see the top of my head. And why would Dietrich murder Nicole and let Birch get away? So rather than just beating you or killing you in the middle of the street,

he decided to enlist you, a total stranger, to help him dispose of the body of his girlfriend. I don't know what his plans were. At one point, Lissette pushes Birch on a possible motive. What really happened was you drove Nicole home, fully expecting that you were going to have sex, right?

I was hoping that we would. And when you get there and it becomes clear that Nikki isn't going to have sex with you, when she attempts to go into her house and leave your vehicle, that's when your mood changes, right? No, sir. That's when things get aggressive, don't they? Not at all. That's when you grab that cord and strangle her, don't you?

No, sir, not at all. That's when Nikki gets slammed on the ground repeatedly when she's trying to run toward her house. None of that is true. And Birch loses his cool when Lassay presses him on an inconsistency in his story. So clear this up for me.

You're backing down the embankment with Nicole's body in a fireman's carry position, right? No. What are you doing? I told you before, and I will say it one more time for you, sir. I was carrying her over to this area.

I think there was a big turn when you saw him lose his temper. I think we both said, well, there's the real Steve Birch coming out. Not George, not big country. This is how we know him. You're assaulted. You're held at gunpoint. You carried the mangled body of a woman to her final resting place. And the next day, you're going fishing with your buddy You're held at gunpoint. You carried the mangled body of a woman to her final resting place.

And the next day, you're going fishing with your buddy with a smile on your face and not a care in the world. I wouldn't say not a care in the world. That definitely would not be something I would say. Who will the jury believe? No further questions. Hear more about the Virginia murder case involving George Birch online at 48hours.com. Morning, everyone. Be seated. Is the state of any rebuttal witnesses?

Is the state of any rebuttal witnesses? The prosecution got one last chance to present witnesses to rebut the story George Burch told the jury. During George Burch's testimony, he specifically said, if I recall, that they were having sex, her pants were off already at that point. So during the rebuttal, we brought those pants to enter into evidence and make sure they were viewed. If she had been disrobed in her car, how do those clothes get not just bloody, but dirty and hairy? Those clothes are filthy, and they're demonstrative of being worn during a struggle.

Carefully and respectfully, Sergeants Brian Slinger and Rick Lopnow unwrapped and displayed the pants that Nicole wore the night she died, found blood-soaked and muddy on the highway. It goes to George's credibility, which is zero, that this was not a consensual act. She fought, escaped the vehicle. He bludgeoned her, strangled her with her clothes on, and then transported her body to the scene. His story was a lie. He disrobed her at the scene and forgot her socks. And then the final arguments.

Go right ahead. Thank you. The prosecution reminded jurors of the weight of evidence against George Birch. Whose DNA is on her sock? Who's with Nikki at the four key areas of Brown County? Their explanation is ridiculous. It's insulting to your intelligence. While the defense hoped to plant doubt.

Justice for Nicole is not going to be delivered by a wrongful conviction of George Birch. Doug Dietry had the motive, the opportunity, and the connection to this crime. The man that met this woman in a bar and admitted, admitted by his own account to dumping her body in that field looks like this the next day. Who does that? Ladies and gentlemen, the bailiffs will escort you to the jury room. Good luck

What was the feeling in the courtroom as the case went to the jury? It was very tense And I was surprised that I think 45 minutes later, I mean not even an hour later the jury had a question 45 minutes later, I mean, not even an hour later, the jury had a question. The jury asked to see the bloody wire used to strangle Nicole, as well as cords found in Doug Dietrich's garage, to see if they were possibly a match. You know, the fact that they're thinking about that is telling me, okay, are they actually believing George Burch's story here? It really made me wonder where this was going to go.

After a nine-day trial and more than 50 witnesses, the jury took just over three hours to reach a verdict. I just had this horrible feeling that was coming back not guilty. It just was really hard. I couldn't breathe. And you could feel everybody was like shaking we the jury find the defendant George Steven Burch guilty of first-degree intentional homicide is charged in the information it is signed by our poor person and dated this first day of March 2018 everybody was just like oh my god thank, thank God. He was killed. Thank God.

What sticks out in my mind was the gas. Hearing that from the family and knowing the relief that they had at that moment, that'll stick with me. And it could play, right? Absolutely. I know Joey was there for this. It's just 20 years later. It was his 20 year anniversary of his death in October.

It's just... I'm. It was his 20-year anniversary of his death in October. It's just... I'm trying to get upset. Could you see Doug Dietry? Doug Dietry, I think, was relieved. Doug Dietry was holding his mother. Doug wasn't even on trial in this case, but he was finally free of any suspicion. What's your reaction? case, but he was finally free of any suspicion. No, what's your reaction?

I don't know what it means. So what you found from this case is that this technology can do more than connect someone to a crime. It can actually exonerate a person. Absolutely, yeah. I feel bad that he sat in jail for 18, 19 days. I mean, technology is very important. And our goal is to exonerate people just

as it is to find them guilty. If we didn't have these Google data locations on George's phone, if we didn't have the Fitbit, would it be Doug Dietry sitting in prison as opposed to George Birch? The only comfort for Nicole's family is that George Birch can never destroy lives again. When they convicted George of being guilty, I just still, like, it was a feeling of happiness, but yet still, like, somewhat of a realization that she's actually gone now. And it's hard. What's the first thing that comes to mind when you think of your daughter? Her big smile. Her big, gorgeous smile. She just radiates,

she just does. She's always happy. What do you all tell her children? Nicole is looking over them all the time and that she loves them and she'll see them again and every night I know Tyler and Michaela always say a prayer and talk to their mom and say good night. We gained an angel. We lost a breath of fresh air. The memory lives on through the stories we share, things we never forget, and she's okay. She's okay. I love you. I shared a passion for life, for living.

She had good morals. Mom Morgan and Mom asked for it. I should have passion for life, for living, should good morals. What more can a mom ask for? Doug Dietry continues to raise Dylan, now two. George Birch will be sentenced on May 4th, 2018. He faces life in prison.