Anatomy of Murder - A Deadly Path - Part 1 (Justis Marie Garrett)
Episode Date: September 17, 2024A 16-year-old disappears after leaving for school. The path to finding out what happened to her would be long, and dark. For episode information and photos, please visit: anatomyofmurder.com/a-deadly...-path-part-1/Can’t get enough AoM? Find us on social media!Instagram: @aom_podcast | @audiochuckTwitter: @AOM_podcast | @audiochuckFacebook: /listenAOMpod | /audiochuckllc
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There are more unanswered questions than there are answered questions.
We ask for patience as we work to identify this person and to understand the circumstances surrounding her death.
You want to do justice for the victim.
You want to give it your best for the family.
You want the community to be safe. But when you think of the gravity of a 16-year-old
girl who won't ever get to go to college, who won't ever get to see her little sister grow up,
it hits you in a different way.
I'm Scott Weinberger, investigative journalist and former deputy sheriff.
I'm Anastasia Nicolazzi, former New York City homicide prosecutor and host of Investigation Discovery's True Conviction.
And this is Anatomy of Murder.
Homicide cases affect people for different reasons.
The brutality of the crime, the age of the victim, a scenario that maybe hits too close to home.
Sometimes it's because we can't really wrap our heads around the awful things that some people are capable of doing.
It's also the idea of the loss of life and resulting pain felt by so many.
This case is all those and much more.
We'll give you the warning that this is a particularly tough one.
It was for us, but it's a story we think is important to tell.
In 2018, Justice Marie Garrett was 16 years old.
On April 13th of that year, it started out like any typical Friday for the teen. She woke
up late for school, posted a selfie to Snapchat, and played around a phone scrabble with a friend
from her old hometown in New Smyrna, Florida. Justice caught a ride to school after missing
the bus and was never heard from again. No one would have predicted how a sunny day full of potential for
the weekend ahead could have quickly turned dark. Very, very dark. One person who knows Justice's
story well is Prosecutor Megan Upchurch, an assistant state attorney in Florida's
7th Judicial Circuit. Megan comes from a family of lawyers, but she always thought that she would
go a different route. However, once a friend of hers got involved, that all changed.
Believe it or not, my friend said, you should become a lawyer.
And she came to visit me and signed me up for law school.
The rest, as they say, is history.
Megan started working as a prosecutor right out of law school, and the work turned out to be a great fit. There is some element of, I guess, competition,
for lack of a better word, when you have trial. Although as a prosecutor, of course,
we wear the white hat and we seek the truth above all else. But it gave me some of that
while also giving me a purpose to seek justice. Now, I obviously know the story, but if you're new to AOM, perhaps you're wondering what
may have driven my co-host into a life of law enforcement.
So, Anasiga, do tell.
I think it starts differently for all of us.
I knew I was either going to be a teacher or a lawyer.
Well, I went to law school.
And the first semester of law school, it was criminal law.
And I think that was it for me.
I just knew that it was going to be as a prosecutor.
And once I got into that office, it was going to be a trial lawyer.
And that's exactly how it began.
And to this day, I may not be in the courtroom, but it's still the thing that I consider myself
as my career.
So for Megan, by 2018, she was in the office's career criminal unit. We handle career
criminals that might fall under enhanced sentencing schemes, such as prison releasee reoffender,
violent career criminals, habitual violent felony offenders, three-time violent felony offenders,
and those types of enhancements. We handle child sex crimes as well as adult sex
crimes. More recently, within the last few years, we now also handle homicide cases.
So it was April of that year that the district attorney's office got involved
when they became aware that a 16-year-old high school student had disappeared from the area.
It was Justice Garrett, and she had disappeared after catching a ride to school
one Friday morning.
Justice wasn't the type of teenager
that usually skipped school
or disappeared for long periods of time.
In fact, she was just the opposite.
She was motivated academically
and did well in school,
wanted to be in school,
had goals for herself.
From all of the communications from anyone in her life, she was just a very loved girl.
Justice and her younger sister were being raised solo by their mom, Danielle.
Justice often helped around the house and with caretaking duties.
Justice was a very responsible teenager from all accounts.
She was often responsible for babysitting her little sister when her mother was working.
She was fairly independent and self-sufficient.
She was self-motivated.
Danielle and the girls had been living in New Smyrna Beach, Florida, which is just south of Daytona and sits in Volusia County.
They had recently moved about an hour west to live with Danielle's parents in the community of Mount Dora, Florida. Despite the distance, Justice kept close ties with her old friends
and former community. And so her connection to Volusia was that she still had all her friends
here and she was going to a new high school and trying to make new friends
and still enjoyed seeing
and keeping up with her friends in Volusia County.
And that's where the connection was.
Danielle still worked in Volusia,
so Justice was able to visit often.
That was the plan for Friday, April 13th after school.
Justice and her sister would drive to meet Danielle
and then Justice would drive to meet Danielle,
and then Justice would have a sleepover at a friend's house.
Justice was going to see her friends, and I think they were going to catch up with Danielle, who was working at a restaurant in that area.
Danielle's boyfriend, Robert, or Bobby Kern, had planned to pick them up after school and
drive them to meet her. So once that afternoon rolled around,
Bobby texted Danielle to let her know that her younger daughter had gotten home from school.
Bobby is updating Danielle that he has Justice's younger sister picked up from the bus stop
and that he's waiting for Justice to be dropped off at the bus stop
because he was then going to take the girls to New Smyrna.
But when Justice's school bus arrived, she wasn't on it, and Danielle's boyfriend let her know.
So I think Danielle probably assumed initially that she had gone to be with her friends and
hadn't checked in or communicated that in the way that Danielle would have wanted her to.
While not the norm for Justice, she was still a teen, so her mom assumed she'd hear from her soon.
So this was unusual behavior, but not overly concerning,
because she would often make plans to see her friends elsewhere. It also wasn't lost on anyone that Justice hadn't exactly been thrilled about this move to a new high school. Being uprooted from the town she'd
called home had been tough for her. So it was also possible that her no-show was a not-so-subtle
message that her old hometown was where she'd rather be. Because Justice had very close friends
in Volusia County who now were living far from where she was living or farther from where she'd rather be. Because Justice had very close friends in Volusia County who now were
living far from where she was living or farther from where she was living. And so it became where
there was that tension with Justice missed her friends and missed her life in Volusia County.
In my days in uniform, I responded to a number of calls where parents had become concerned that
their child or their teen had not returned home.
And in my experience, most were staying out just past their curfew, and the parents just wanted us
to head out and search. And of course, depending on the age, we would. That's just standard
protocol. But we've always said, even on this show, that parents know their children best.
And here's where Justice, even though she really did miss her friends,
it's not something her mom would expect from her,
what she would ever do.
They were close and they openly discussed things
like skipping school in the past.
And you know, Scott, this is one of those scenarios
that most of us, whether it's with our law enforcement hats
or even in personal life,
like we do have some experience at some point along the way with things just like this.
Quite frankly, if Justice had wanted to skip school and go see her friends or had something
that needed to be done, from what we knew about the family dynamic, Danielle would have allowed
it or might have even asked Justice to help babysit during school hours.
So it didn't make a whole lot of sense that Justice would be hiding, you know, skipping school from her mom.
Danielle told her boyfriend to go ahead and bring her younger daughter to Volusia as planned.
And then Danielle went about trying to message and call Justice to figure out where she was and why she didn't get off the bus.
But none of Danielle's calls and texts were answered.
She was starting to get more concerned and soon reached out to Justice's friends.
Danielle Pratt and her family, along with Bobby, were going to these friends' houses to say,
has she been here? Where is she?
To talk directly to the friends in case they're covering for Justice
and to try to figure out where she is.
But her friends said they hadn't made plans to meet up with Justice until later on.
They also said none of them had spoken to her.
Danielle began to panic.
Her boyfriend, Bobby, tried to keep her calm.
He was telling Danielle that this is normal teenage behavior.
She just probably wanted to be with her friends and she will turn up.
And Danielle is responding, this is not okay.
She's going to be in big trouble when she
gets home. This is not okay. Robert Kern is essentially telling Danielle, she'll turn up.
She's fine. When no one had heard from Justice by the next morning, Danielle went to the Mount
Dora Police Department and filed a missing persons report. They took down the information,
including the last time Justice had been seen or heard from,
which was the previous morning. One of the places they began to connect the dots
was on Justice's social media. So that morning she wakes up, she gets ready to go to school.
She has some normal communication with her friends through the phone. She gets dressed and makes the last social media post
that we see.
That's at 6.48 a.m. that morning.
She's in her bedroom.
We can see her from about the shoulder down,
and she's taking a picture of herself in the mirror
so you can see what she's wearing,
that she has her phone.
Justice got a late start and ended up missing her school bus.
Her mom had told police that she and her boyfriend, Bobby,
had driven Justice to school.
She hadn't seen from her since.
So police got to work trying to locate the missing teen,
checking cameras at her high school and speaking with her friends.
They subpoenaed data from Justice's phone and also put out an alert.
Because it was known that she had these ties to Volusia County,
Mount Dora would have contacted and did contact New Smyrna Beach Police Department to say,
do you have any signs that Justice has come to your area?
Can you be on the lookout for her?
Because she's missing from over here in Mount Dora.
Justice's family kept looking for her too.
Danielle's also calling and texting her nonstop with no response
because Justice has her own cell phone that she just got for her 16th birthday.
The family is conducting their own search
and their own social media announcements trying to get information.
Leads began to pour in.
And of course, there are lots of people responding with what they think could be signs of justice.
And that became something that the police had to
wade through to determine what was legitimate and what wasn't.
But none of the tips were leading to Justice's location.
Hours turned to days.
At this point, it's mainly a Mount Dora Police Department juvenile missing persons investigation
and the family legitimately becoming more and more concerned as they're unable to get a hold of Justice, which is very unlike her.
But then Justice's phone records came in.
And because she was reported as a missing person,
Mount Dora and FDLE were able to get quite a bit of information from the phone company
because it was requested very quickly based on the missing persons investigation.
So they had a lot of
information regarding the movement of her phone from that morning on. And it took the investigation
in a very different direction. And it was something very different than what Justice's mom had told
police. And they do realize after a number of days that her phone never goes in the direction
of Mount Dora High School. Justice's phone data showed that after leaving her home,
she traveled in the direction of her former hometown in Volusia County, not to her high school, as Danielle had told police.
Justice's phone stayed at that general area for some time before moving back towards Mount Dora.
And then the phone leaves that location and goes back in a westerly direction toward Mount Dora, a different route than it took
to get there, and then went near Mount Dora High School. This is hours later at this point,
where we don't have any data after that point. So the phone was likely either powered off and
thrown outside and left there. Police tried to locate Justice's phone,
which might have revealed more clues about what had happened.
They did send electronic detection dogs out there to try to find it.
But at that point, the point that we were able to put all that information together,
we weren't able to actually locate the phone,
but we were able to see the location of where the data ended.
Police had also been reviewing security footage from her high school.
They go to school, they check the cameras or whatever cameras they can find, and they don't see that she was ever at school.
Between the footage and the phone data, it was undeniably clear that Justice never made it to school that morning.
Police prepared to confront her mom and her mom's boyfriend, the pair who supposedly drove her to school, with this new information.
But before they did, there was breaking news in a county about 30 minutes away.
This was five days after Justice had disappeared.
As part of a local sporting event, a group of people had gathered in nearby forest. 30 minutes away. This was five days after Justice had disappeared.
As part of a local sporting event,
a group of people had gathered in nearby forest.
The group meets, they begin their process,
they go into the woods, and one of the individuals has a dog with him
that goes and does the hiking and does the game with him.
And the dog ends up going off of the trail
into a grouping of birds, vultures.
When the owner followed his dog, he found more than birds. And it was a sight he will never
forget. The person that was doing the hiking in the woods that found the body really saw what
the dog had found and then backed off almost
immediately because he could tell from what he saw and then the smell that was associated with it
that it was a body. The man immediately dialed 911 and on his way out, he marked the trail he
had taken. It is starting to get dark at this point. And so luckily, the person that
found the body, because there are so many trails and walkways back there and it's so heavily wooded,
left a marker at the beginning of one of the trails where you would go off to where this body
was. And thank goodness he did that because it would have been very difficult for law enforcement
to find that body. When detectives arrived, they followed the marked
trail. Here is body cam audio from the responding deputy as he arrived on scene, directed to that
very spot by the 911 caller, and now confirmed that it was a body. All right, we're 10-97. It's
confirmed. It appears to be a female. The top half is decomposed. The bottom half has pants on
or shorts. They're pulled down around the legs. The bottom half has pants on or shorts.
They're pulled down around the legs. It's about 10 feet off the trails.
It was unclear what the age of the person was, whether there were any apparent injuries.
That wasn't possible because of all of the missing tissue.
And there really was not a whole lot that was able to be determined.
What stood out immediately
was how the top part of the body was,
and we'll try to say this gently,
in a vastly different state than the lower half,
likely caused by animal activity.
And we'll leave it at that.
The top half of the body was mostly skeletal
and the bottom half of the body was not. The question
of why it would be that way was a mystery that we had to figure out during the investigation.
But there was not much tissue at all from the bottom half up of the body, even though there was
much more tissue from sort of the waist down. While there were not many identifying features left,
there were some.
A jeweled navel ring, a painted fingernail, and several items of clothing.
There were also signs of terrible trauma.
And we'll give you this warning right here.
In addition to the physical state of the body,
there were also signs suggesting a sexual
assault, which will be generally described, so if that's triggering for any of you, please skip ahead.
There were clothes. There was a pair of pants, but it was pulled down to the ankles. There were shoes
on the body. There was a top, like a long-sleeved shirt with a hood that was pulled up toward the neck and a bra.
The body was removed from the scene and sent for autopsy, while the local police chief gave a press conference about the discovery.
Here is audio from that announcement.
A preliminary investigation revealed that these were more unknowns than knowns. We ask for patience as we work to identify this person and to understand the circumstances surrounding her death.
I want to stress to the public at this time that we have no evidence to definitively suggest that her death was the result of foul play.
Alternatively, we have no definitive evidence to refute that she may have died of natural causes or some medical episode.
We simply do not know at this time.
The announcement ended with a plea for leads and any information that might help lead to an I.D.
Maybe there's somebody out there that, you know, hasn't seen somebody for a while and they're concerned or whatever.
We'd like to hear from you if that's the case.
While police looked to the public,
their various departments
were also communicating amongst themselves,
including Volusia County,
who had been looking for Justice.
It was looking likely that Justice's disappearance
and the body found in the woods
were connected in the very worst of ways.
Things were starting to align that made it more likely that it was going to be her,
but there was nothing overtly visual where you could say for sure it was this particular person.
Now, at this point, there were two different counties looking for justice and now a third
county investigating
the unidentified body. The Florida Department of Law Enforcement, also known as FDLE,
has statewide jurisdiction, so they took over to lead the two cases.
They've got jurisdiction over the whole state and they're going to be able to process this
investigation more easily than either DeLand Police Department or Mount Dora Police Department.
And it's clear that there was involvement in both locations.
One of the FDLE detectives assigned to the case decided to return to where the body had been found.
So he went out there and the scene had already been processed by DeLand Police Department that night by their crime scene unit. Almost on a whim, he collected botany
evidence. He collected leaves and different things that he then packaged and tagged into evidence,
being unsure whether anything would ever come of it. Police had turned their efforts to speaking
with Justice's mom, Danielle, and her boyfriend, Bobby.
About 10 days after the body had been discovered,
the pair were brought in for an interview.
They first spoke with Danielle.
At that point, she sticks to the same statement she gave Mount Dora Police Department,
that she went with Bobby to drop Justice off at Mount Dora High School,
and that she was the one driving.
When they spoke with Bobby, he confirmed what Daniel said.
Police could have confronted them with the phone data then and there,
but they decided to hold back, wanting this interview
to be a bit more free-flowing, more conversational
with the purpose of getting a full version from both.
And you know, Scott, I know we've talked about this before, but I think it's worth mentioning
again that while we've already said that it's free-flowing, there was a specific purpose,
right, in going about it this way. A confrontational interview normally brings
just short responses, meaning it may come down to like yes or no answers, and sometimes it may
end the interview altogether. So as an investigator, if you believe your evidence is strong
and somewhat corroborated, the key is then to find the right balance, a path where the evidence may
be leading. And in most cases, that is a path, Anastasia, to some version of the truth.
And again, they didn't care what they said at this point.
They just wanted to get this first version, if you will, on the books, be it truth or
not truth.
So they just let him talk.
And then the following day, they asked him to come back again.
And this time, detectives took a different tack.
They want to talk with them one more time to see if whether when they confront them with some of this information,
that they're willing to give any additional information about what happened that morning.
Initially, Justice Garrett's mother, Danielle, stuck to her story about dropping her daughter off at school.
But then detectives told her that Justice had never made it to school, a fact they could prove.
And what Danielle said next took everyone by surprise. They interview Danielle and they confront her with cell site data that shows that Justice's phone never went toward Mount Dora High School.
And she comes clean immediately. I did lie, but I only lied about this and I did it because Bobby didn't have a license and I was trying to help him and protect him.
So Justice's mom hadn't been on that drive. The reason for her lie? To protect her boyfriend.
It turned out that Bobby Kern's license had been suspended,
which means that driving equaled a crime.
So not wanting her boyfriend to get into trouble,
Danielle had added herself into the car.
And at that point, she has believed Bobby wholeheartedly.
She doesn't think there's any reason to question him.
And so that was part of the investigative technique is that FDLE is now providing more information.
Danielle then admitted to police that Bobby Kern alone had actually driven Justice to school.
And Anastasia, you know, this revelation is a pretty big step in this investigation. We don't know what was in
Danielle's heart or her mind at that moment, but we're talking about her daughter who's missing.
And while she may not have had suspected a boyfriend, it certainly complicates things
in a big way. Oh my gosh. I mean, she has been missing. It's not like for a few hours. It's like
days upon days upon days at this point. And like you said, like we don't have any idea where this lands.
Is this going to be something innocent?
Is it going to be something sinister?
Is it something that the two of them are still not being forthcoming, but she's given a little piece once she knows that that much will be found out?
I mean, this really changes the course of how investigators need to be approaching the case at this point. And while they're learning all of this from Danielle directly,
they still have Kern in a separate room.
So while they confronted him with the same phone data
that had been shown to Danielle, his story also changed.
He admitted to driving her, but he said it wasn't to school.
And at that point, he admits that he didn't take her to school,
but he took her and dropped her off nearby the house because she wanted to skip school,
and he was just going to cover for her. He claimed that Justice had wanted to go see old
friends and that he'd agreed to help her miss the day. He told police that he now realized this was
an error in judgment, but investigators saw it as something much more serious. Even if what he was saying was true, he held on to the story for weeks at this
point while investigators, family, and friends searched tirelessly for justice. Investigators
said Danielle appeared to be shocked when she heard about her boyfriend's admission.
This is Danielle learning,
my daughter has been missing for weeks because these interviews happened around April 30th or so.
And, you know, Justice has been missing since the 13th.
She confronts him.
Essentially, my daughter's been missing for weeks
and you're lying.
And that was the last time Danielle spoke to Bobby.
For police, they had to consider
the various possibilities. Had Kern really dropped Justice off nearby and then she'd either A,
disappeared voluntarily, or B, something worse had happened? Or was Kern giving false information to
cover for another lie, perhaps even something worse than all the above.
Kern's admission was suspect enough
that police secured a warrant
to seize his car for an analysis.
They were executing a search warrant
to seize his vehicle
because at that point,
they'd developed enough to believe
that it had been involved in the crime
and a judge had signed a search warrant
for them to be able to seize the car and process it.
Before long, autopsy results came back
for the body that had been found in the woods.
As suspected, DNA confirmed it was Justice,
news that everyone had been dreading.
But with the investigation at a critical juncture
and police not yet knowing who and what to believe, this identification would be temporarily kept quiet, even from her own mother, who was, as we know, desperate for information.
She would contact law enforcement and say, just tell me, just tell me, is this justice? Just tell me. So, Scott, you know, even just hearing that this news is kept from her family, your first reaction, my first reaction is like, what?
Her family doesn't know?
But then you have to put on investigator's hat and how this case has been unfolding to this point.
Every situation, obviously, is different.
And we don't know what was exactly in the investigators' minds at that
moment. But it's not unusual, as you know, Anastasia, to hold back some information,
to further the investigation and not potentially taint any of the evidence, any statements. And I'd
say this, they would have to move swiftly, no matter what the disagreements the family may
have had with investigators, her family and her mother really needed to know and she deserved to know. So I think it was a really delicate balance they
were involved in. I actually do think it's unusual to hold back an identification from the family,
but here we're not just talking about a normal course of a general investigation, right? It's
one that her own mom has admitted to a lie. So they don't really know what is what.
So the purpose, while, as you said, and you're right, like it's this really delicate balance
that they need to figure out which way this is moving quickly just for that reason.
But they need to figure that out first.
So it doesn't impede an investigation if this is going somewhere that is going to involve
one or both of these family members.
And really, the next important step in the investigation would be the autopsy,
which also had revealed several things about the end of Justice's young life. But due to how badly decomposed she was when she was found,
those clues would not come from just the examination of her body,
but the clothing that remained on and around her body.
Her state of undress suggested sexual assault. Her pants had been pulled down,
her top and bra pushed up, her face had been covered with a hoodie that had been tied
completely closed. The string would go through the front part of the hood,
and then when you squeeze it, it makes that really, really tight.
But it almost creates a garrotte is how our investigator described it. And that is what it
appeared to be like, as though that was used as a piece of string to pull very tightly around
the neck area. The way it was tied was unusual and suggested possible strangulation. The ME also noticed something else
when examining the pants Justice was wearing.
It was a design that seemed bleach into the pant.
So they had to go about finding out
whether that was manufacturer-based,
the bleach pattern,
or whether that was something that was part of the crime.
So they had to try to determine when Justice left the house wearing these pants,
what did they look like?
Did they have bleach marks or not?
So was this the intentional style of the pants?
Or was it an indication that bleach had actually been poured
on at least the lower half of Justice's body?
And if so, why?
If it was bleach, it could have been an attempt to cover
up the crime. In particular, an attempt to cover up any evidence of a sexual assault.
And we'll just leave it at that. Despite these findings, because of the advanced state of
decomposition, the medical examiner was unable to conclude a specific cause of death. And
investigators would take several additional steps to figure out the cause of death. And investigators would take several additional steps
to figure out the cause of her death. Remember, we were missing a large portion of the tissue of
the body. So if there had been a stab wound to the upper part of the body, we wouldn't have been able
to determine that based on the state of the body. If there had been a gunshot wound to the body,
we wouldn't have been able to determine that based on the state of the body. If there had been a gunshot wound to the body, we wouldn't have been able to determine that
based on the state of the body.
There was just enough matter left in the skull
to be able to test toxicology,
but even that became something that was uncertain
based on the state of the body
and not knowing a whole lot about the specific acts
that led up to her death.
Following the autopsy, Justice's body was sent to a special lab at the University of Florida,
which examines every piece of skeleton looking for abnormalities or signs of violence.
Meanwhile, investigators continued to focus on their case,
gathering evidence and trying to help figure out what had happened to Justice.
The initial thing that law enforcement did was go to get the historical cell site data with search warrants.
They had a lot of information regarding Justice's movements that was able to be put into a physical map based on location data so that we knew exactly where her phone went
that entire morning until it was powered off, we believe to be powered off and ditched.
As they had with Justice's cell phone, investigators secured warrants to get data
off of both Danielle and Bobby Kern's phones. The new data set would show if Danielle or Kern had been at the locations
where Justice had been the morning she went missing.
There was just one problem.
All the data had been deleted from Kern's phone.
His phone had been recently reset.
Bobby's phone was collected during his second interview at FDLE toward the end of
April, and it was learned that he had factory reset his phone prior to arriving at the FDLE
location for the interview. So we didn't have substantive content from his current phone.
You know, Anastasia, it's obviously no secret, as so many
true crime shows talk about the fact that data is derived from your suspect's cell phone, and it can
bring crucial evidence to light. So it's not surprising that someone is able to hide something
from law enforcement or would even think to do so. But let me offer this. It's the fact that the
material was deleted from his cell phone is what's that suspicious.
An overt act that becomes part of your circumstantial evidence in what is a growing and strengthening case against Kern.
And again, I'm just going to take the other side for a moment because we need to do that as well, right?
We don't really know where this lands.
And I am one who is not technologically that savvy. And when I have
problems with my phone and you know this, Scott, more than once, I have had to just kind of redo
the whole thing because I can't figure it out. So I have had to do these resets. And I think others
have as well, at least once in a while. But I think as you pointed out, it is that all of this
information is deleted and the timing, I mean, just right before he's going in
to speak with them on top of the lies that we already know have been told, that is just continuing
to lead investigators down this, something's not right here on that path. And I don't disagree
with you. And I know looking at this, it's something that people may do all the time,
like you mentioned, and I don't think you're wrong about that. But this is where our timelines become so important because we do know that he knew at that moment he was under the microscope and was being questioned by investigators.
So he knew at that moment also that the phone data may be requested.
So if you're looking to hide something, if that was his intention, that was the right time.
And the timing of this for investigators didn't help either, because by this point, remember, we're talking many weeks out.
The data they'd been hoping to get from the phone companies had also been deleted by the passage of time.
Well, at some point, the phone companies, by virtue of how much data it is, they only keep what I started referring to throughout the case as super data.
That's not the correct term, but that's what I refer to it as.
They only keep that super data for a short period of time.
The records were limited to location while the phone was in use,
which meant they could see where the phone was,
but as I mentioned, only when that phone was being used.
Despite the setback, there was one person willing to help police in any way she could,
and that was Justice's mom, Danielle.
She consented to everything, looking at her phone, searching her house, doing anything they needed to do to help find information about her daughter
and what happened to her daughter.
Police obviously had initially been concerned about Danielle's lies,
but her phone helped confirm for them that she wasn't with her daughter the morning she disappeared.
And once that was confirmed, trust was slowly built between law enforcement and Danielle.
They both had one goal, find out what happened to Justice
and who had committed this brutal, most tragic of crimes.
Danielle's phone provided a thorough timeline of what messages were sent between Kern and Danielle.
One of those messages was sent just 20 minutes after Kern had left the house with Justice. He texted her that morning that he took Justice to school
or was supposed to take Justice to school.
He texted her about 20 to 30 minutes later,
because that's how long it would have taken him to take Justice to school.
He texted her, she's dropped off.
Police now knew that this text, she's dropped off, was likely a lie.
At least as far as where she'd been dropped off.
Even maybe if she'd been dropped off at all.
The rest of the timeline showed where Kern was that morning.
The answer was with justice.
So once we started collecting that information, where we had historical cell site data showing her phone traveling east toward
Volusia County and then his phone in Volusia County later on that morning around the same
time frame, we started to know that there was something going on that needed to be looked at
more closely. Both his phone and Justice's phone pinged the same cell towers multiple times, including the area where Justice was ultimately found.
His phone remained there for over an hour.
We know that there was a phone call that came in that was unanswered in downtown DeLand that did match up with one of her data points.
There was another piece of data from Kern's phone that investigators zeroed in on.
It wasn't from the day Justice disappeared.
It was from three days later.
On the next Anatomy of Murder.
And when you put it all together and you see all the messages over those several weeks,
and when you find out what he knew and what Danielle must have been feeling knowing her daughter's missing,
it adds an entire layer of depravity that I've never seen in any other case.
Tune in next week for another new episode of Anatomy of Murder.
Anatomy of Murder is an AudioChuck original.
Produced and created by Weinberger Media and Frasetti Media.
Ashley Flowers is executive producer.
This episode was written and produced by Tracy Levy.
Researched by Kate Cooper.
Edited by Ali Sirwa, Megan Hayward, and Philjean Grande.
So, what do you think, Chuck? Do you approve?