Dateline NBC - Deadly Triangle

Episode Date: June 1, 2021

In this Dateline classic, Gary McFarland awakens on a December morning in 1985 to find his father Archie stabbed to death in the driveway. As police arrive Gary suddenly realizes he knows who did it. ...Keith Morrison reports. Originally aired on NBC on December 30, 2011.

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Starting point is 00:00:00 She told Archie she was dating this man. If he didn't like it, he could leave. He had been stabbed multiple times. Nobody saw anything. I went, Dad, and I touched him. I'll never forget that feeling. It was just before dawn when he found his father dead in the driveway. There was no doubt in my mind what happened.
Starting point is 00:00:25 I immediately knew. There was someone else who may have known too. I turned around and looked at my mom like, you know who did this, that son of a bitch. But there was one thing no one could know. The strange twist still to come. It was a bit of a surprise, kind of a shock, when you found out she was seeing him again.
Starting point is 00:00:44 A lover's triangle always leads to trouble. It was a bit of a surprise, kind of a shock, when you found out she was seeing him again. Yes. A lover's triangle always leads to trouble. How did they say, you're such a horrible thing? You destroyed me. Did this one lead to murder? What was it like watching him walk out of jail? He beat the system.
Starting point is 00:01:00 Deadly Triangle. What a time it was. The year he turned up in that crazy little car. What a sweet, impossible, unexpected last chance. That love, that red, passionate sin. It was 1985, and it was magic. And now, here she was, 2011, in a courtroom of all places, forced to confess her forbidden love, account for her sins, this grandmother, widow, penitent. What story would she tell? The main thing going through my mind is to tell the truth and let the chips fall where
Starting point is 00:01:59 they may. The truth, such a difficult word, Especially when it bubbles up from a past Which Marianne McFarland must have believed was buried forever And where was your husband? He was still in the house Men Trouble was there were two Which was the one central fact
Starting point is 00:02:24 The inconvenient truth that caused all the trouble Trouble was, there were two, which was the one central fact, the inconvenient truth that caused all the trouble, and might have been forgotten had it not been for this inquisitive DA and this long, lean cop, Jim Wallace, looking on so intently. This is a case, it was a true love story between three people. One woman who was loved intensely, I mean, over the top, by two men in two very different ways. He was the first. The husband, handsome, athletic, adventurous.
Starting point is 00:02:55 A surfer, the real deal. His name was Archie McFarland. Good old Arch. Everybody loved him. Laid back, kind, reliable. Ten years older than Mary Ann, but crazy about her. She brought a daughter with her when they married in the early 60s,
Starting point is 00:03:13 and together they had a son, Gary. They settled down near the ocean, an L.A. suburb called Torrance. We had a great, typical nuclear family. You know, Dad went off to work. My mom stayed at home and did all the home stuff. You know, the stuff that you see in Leave it to Beaver. You will see when Gary talks about his dad, how close they were. And it wasn't just because Archie introduced him to surfing. I kind of always looked up to my dad.
Starting point is 00:03:52 My dad was a really soft-spoken, easygoing, yet affable guy. So here they were, to the outside world, an old-fashioned family. Inside, secretly, something seething. It was almost Christmas 1985, 5.30 a.m. Archie started work early. So did Gary, who was just 20 years old then. He had come into my room and he said, hey Gary, I'm going to be leaving now, so make sure you get up. I said, oh okay, no problem. Thanks, dad. Love you. Okay, see ya. Gary show Howard, dressed, headed outside into a cold, dark morning. It was then.
Starting point is 00:04:31 He saw something odd lying on the pavement. And as I got closer and closer, I started saying, wow, that looks like my dad. And when I finally got up and then realized it was my dad, I had that moment of just, like, disbelief. Archie was healthy, just 58. Didn't make sense seeing him like this on the driveway. I went, Dad, and I touched him, and there was just, I'll never forget that feeling,
Starting point is 00:04:59 but it just, it was very lifeless. It didn't, it didn't feel good. So I started yelling, Mom, Mom, call 911. Dad's laying on the driveway. I don't know what's the matter. When paramedics arrived, it was much too late to save Archie. Or, in this next moment, the innocent expectations about life, which Gary McFarlane now lost for good.
Starting point is 00:05:30 There was just blood everywhere on the front of him, and I just lost it at that point. Torrance Police Detective Gil Kronke arrived. He had been stabbed multiple times. Two were upper torso, as if the assailant was confronting him. Couldn't have been a robbery. Not a thing was taken. Archie's car, still there. Nobody saw anything.
Starting point is 00:05:57 But to Detective Kroenke, it was clear enough. Archie McFarland had been targeted and executed. And whoever killed him had escaped without leaving behind a murder weapon or fingerprints or even a hair from what must have been a violent struggle. Anyway, this was pre-DNA. They just didn't have any physical piece of anything left on the driveway, and that was the big focus. But there was a clue. Oh, yes. And it was, frankly, very, very strange. One of the stab wounds was in the groin area. What'd that tell you? It's personal. Kind of like somebody sending a message. Yes. Maybe a sexual message? Yes.
Starting point is 00:06:49 And about then, on that crisp December morning, as Gary and his mother stood shivering and sobbing over Archie's bloody body, the shocking realization suddenly hit. I turned around and looked at my mom. I go, you know who did this, that son of a bitch. I just, I immediately knew. I just, it was like, there was no doubt in my mind what happened. When we come back,
Starting point is 00:07:12 there was someone else who also seemed to know who the killer was. How did you do such a horrible thing? Do you know what you've done? You've destroyed me. When Deadly Triangle continues. Do you know what you've done? You've destroyed me. When Deadly Triangle Continues. December 1985, Torrance, California, Christmas coming.
Starting point is 00:07:44 But not for Archie McFarland, whose earthly remains were now a crime scene in the pre-dawn dark of his own driveway. And even before police arrived to begin their search for the usual clues. In fact, even as Gary McFarland cradled his father's lifeless body in his arms as his mother, Marianne, rushed to his side, they knew, both of them, without the shadow of a doubt, who did it. She immediately started saying,
Starting point is 00:08:11 Oh my God, I'm sorry, I can't believe he did it. Oh my, I'm so sorry, I'm so sorry. Mary Ann met with the cops and told them. Janos did it. Janos? Who was Janos? Detectives pressed Mary Ann for more. She told us that her boyfriend was
Starting point is 00:08:28 responsible for this. That's right. Boyfriend. She'd been having an affair with him. Yes, off and on. His full name was Janos Kulshar, originally from Hungary. And once the police got the gist of Mary Ann's
Starting point is 00:08:44 tearful confession... She had a picture of him, said here's his address. They hightailed it over to Janos' apartment in nearby Long Beach, where they found his car just about an hour
Starting point is 00:08:57 after the murder, sitting all innocent-like, not far from his door. So the officers, having had some experience with this sort of thing, performed a little test to see just how innocent that car was. And the engine hood was hot to the touch,
Starting point is 00:09:13 so it appeared that it had just been driven back. Somebody had been pushing the old Volkswagen bug pretty hard. So the cops laid low just across the street there and kept an eye on the car. We found one just about like it and the apartment over there. And sure enough, a few minutes later, out comes Llanos, big as life,
Starting point is 00:09:35 walking to the car. And his hair was wet, as if he just had a shower. He said he was going to his brother's house to do laundry. Laundry? At 6.30 a.m.? Seemed a little odd. But the more pressing question, why was his car engine hot? Especially if he was just now leaving the house.
Starting point is 00:09:59 Llanos backtracked a bit then. He said he left earlier, then returned to the house. Because he forgot something, came back home, went into the apartment. And what did Llanos claim he forgot? The laundry. Even though cops had spotted a basket of clothes inside his car before he came out of the apartment. So they searched the car and found nothing. Nothing suspicious anyway, no blood or other evidence related to Archie McFarlane's murder. Same inside the apartment,
Starting point is 00:10:33 except there was this one weird thing. Hanging over the bathtub were... Some clothes that were wet, a shirt and pants. If he's going to do laundry, why would you spot wash something and leave it hang in your bathroom to dry? If you're going to do laundry, go do laundry. Janos was arrested and taken back to the Torrance BD,
Starting point is 00:10:56 where Detective Kroenke now had 72 hours to compile a case that would convince the DA to file murder charges. Otherwise, Janos would be released. Kroenke was confident, though, he could wrap this up quickly. We had the wet clothes. He was changing his statements all the time. His girlfriend, our victim's wife, was very positive he was the one responsible for this. Kronke grilled him for hours, but Janos was insistent he had nothing to do with Archie McFarlane's murder. And crime lab tests didn't find a speck of blood on his clothes, nor was there a trace on him.
Starting point is 00:11:32 Or scratches, either. With no history of committing any kind of crime, was it possible Janos wasn't the killer? Detective Kroenke had an idea. Marianne wanted to see her former lover in jail. What if they taped the conversation? So the two met for the first time since Archie's murder, as the tape rolled. How could you do such a horrible thing and think you're a man? If you get out of here alive, I'll kill you. Do you know what you've done? You've destroyed me.
Starting point is 00:12:04 I didn't do what you're accusing me. I did not do it. At one point, Marianne became so enraged, she even spat on him. I didn't kill him. I didn't kill him. I did not kill him. And I don't know anybody who did. I hit you with all the passion I could dig up. Marianne's tirade certainly seemed authentic. But of course, the cops weren't sure, at least at this point, if she knew more than she was saying. Did you ever think Marianne has to have been involved in this somehow?
Starting point is 00:12:49 I don't think she could have been directly involved, but she could have thrown out some ideas to him, and he might have taken them on his own. But Janos' guilt seemed clear enough. So Kroenke took his case to the DA and got a big surprise. Without a confession, a witness, or a murder weapon, the DA's office refused to gamble on such a circumstantial case. So no charges were filed against Janos Kulshar.
Starting point is 00:13:22 What was it like watching him walk out of jail? Well, it hurts. Because, you know, he's the guy that did it. And he beat the system. I was dumbfounded. To me, there was so much evidence, it just didn't make sense to me. Then Marianne approached the cops with a second proposal to trap her ex-lover into a taped confession.
Starting point is 00:13:44 And a month after the murder, the two of them met at a local restaurant. So you tell me then, you tell me what happened. Nothing happened. And why do you think I would do such a thing like this? You're not being honest with me and I know it. What do you want to hear? Do you want me to lie to you? Again, Janos' denials were complete and determined, just like his passion for Marianne. That was that.
Starting point is 00:14:25 But of course, you know how it is with lovers, ex or otherwise. What may sound like the end isn't always. Why don't we check back and say 20 years? Coming up, a new detective and a new prosecutor turn up the heat and suddenly a cold case is red hot again. As soon as I looked at it, I said, hey, this guy's good for this murder. When Dateline continues. It was a mean and bitter Christmas for Gary McFarlane, the year his father was murdered.
Starting point is 00:15:09 The spring of 86 brought no solace. The summer surf lost its appeal. The whole thing didn't make sense to me. Didn't make sense because no matter how thoroughly Gary wished otherwise, Yano's cool shower was as free as a bird. Kind of made me, you know, question the whole system. The cops were sure Janos killed Archie. Gary was doubly sure.
Starting point is 00:15:37 And yes. He's still hoofing around, you know, breathing air and has all the freedoms that you and I have. It just didn't seem right. Perhaps not. But the cops were simply stuck. The murder weapon, the confession, or an eyewitness, we didn't have any of that. So the case went cold.
Starting point is 00:16:00 Not much more Detective Kroenke could do. You put it away and then let some fresh eyes look at it later on down the line and see if there's something you missed. And then, a very strange development. Not a police issue, but for Gary, it was awful. It was a few years after the murder. Gary was paying his mom's phone bill. And he noticed several calls back and forth to Long Beach.
Starting point is 00:16:28 He dialed the number. And on the other end was Janos Kulchar. Would it be fair to say it was a bit of a surprise, kind of a shock, when you found out she was seeing him again? Yes. It was very difficult. How could she go back to the lover who, Gary was sure, stabbed his father, her husband,
Starting point is 00:16:50 and left him to die in the driveway? When I first found out, all ties were cut. I wrote her a letter, dropped it in her mail slot. As far as I'm concerned, our relationship's over. Mary Ann, remember, accused Janos of murder the very day it happened,
Starting point is 00:17:07 confronted him in jail, and now here she was back with him. And while they didn't actually move in together, they were certainly a couple, passion apparently undimmed. I just believe that in her own mind that it was okay to go back with him because there was really no proof that he did it. Just how much Marianne knew, if anything, about Janice's role in her husband's murder, she wasn't saying. Certainly not to her son, Gary.
Starting point is 00:17:37 But the rift in the relationship between mother and son now seemed irreparable. For Gary, it was like he had lost both his parents. And years passed. The silence continued. Gary got married, started his own family, but the loss of his father still haunted him. He never got to see me be successful in my career. Never got to see me get married. Never got to be the grandfather. 17 years went by. 17 awkward Christmases. Detective Kroenke retired. But remember that fresh set of eyes he was hoping for? It was 2002. An aggressive deputy DA named John Lewin read about Archie McFarlane. And as soon as I looked at it, I said, hey, this guy's good for this murder.
Starting point is 00:18:32 Just what police thought back at the beginning, of course. Difference was, where some DAs avoid circumstantial cases, Lewin, who has, by the way, served as an NBC News consultant on other stories, loves them, especially the riddles of cases gone cold. Lewin called a regular partner, veteran detective Jim Wallace. In almost every case, there's something you can do. If nothing else, there's an opportunity for you to look at the evidence anew and maybe see the thing that was missed.
Starting point is 00:19:00 So Wallace and Lewin began by digging into that love triangle, by re-interviewing Marianne, asking about her relationship with both Archie and Janos, and about the events that preceded the murder. Typically, when these kinds of murders occur, behavior starts slowly, things start to kind of fall apart, and then you see the behavior of the murderer kind of become more and more aggressive, and then the murder occurs. And so to the beginning, which was, of course, the love story, or the betrayal, call it what you will. Marianne, as Lewin and Wallace discovered, was frankly a little bored with Archie.
Starting point is 00:19:35 He loved her unreservedly, and she knew that. But passion, excitement, not so much. And she was a vibrant woman, still, and attractive. But 47 and in need of something. And then, there he was, Janos. She met him at a local club. He was just 32, 25 years younger than state old Archie. He was everything Archie wasn't.
Starting point is 00:20:10 He satisfied everything that Archie couldn't satisfy for her. She told Archie she was dating this man. Archie was passive about it. She basically told us if he didn't like it, he could leave. Archie, ever easygoing, accepted it, hoping his marriage would somehow survive. Gary was just 18 then, didn't know for sure about the affair, but suspected his mom was seeing someone, especially the day he caught her sneaking off to take a private telephone
Starting point is 00:20:36 call. I grabbed the phone from her and said, do you have any idea what you're doing to my family? And I hung the phone up. And that's basically when she left. That very day, Marianne moved into Yannos' one-bedroom apartment, leaving home and kids and, of course, Archie. He still loved my mom.
Starting point is 00:21:00 After she left, he wouldn't let me say anything negative. She's still your mother. She's still my wife. And perhaps Archie understood the human heart after all. It took a year or so, but Marianne's ardor began to cool a little, there in that cheap little apartment. The kind of interest she had in being chased, that kind of infatuation, that period rubbed off. After a period of time, she was certainly still passionately being chased, that kind of infatuation, that period rubbed off. After a period of time, she was certainly still passionately being chased by Janos, but he
Starting point is 00:21:29 just became a guy with an apartment. Archie, after all, had a pension, savings, life insurance. Marianne was almost 50. Did she worry also that Janos was too young for her, that maybe his feelings would change? But eventually, Marianne decides, you know what, this is stressful, I kind of miss my life, I don't have the security that I have. Marianne decides, hey, I want to move back home. And Archie welcomed her back,
Starting point is 00:21:59 forgiving as always. No resentment, no anger? He didn't show any. How is that even possible? That was my dad. But across town in Long Beach, Janos Kulshar wasn't so forgiving. He was fuming. Janos truly loved her. Love boring on obsession. Unfortunately, you know, it takes two people to quit the relationship, and Llanos was just not gonna accept it. And here in his little apartment,
Starting point is 00:22:32 he prepared a secret plan to get her back. When we return, an old pair of pants reveals new secrets. They were negative for blood, so something is there, but it's not blood. When Deadly Triangle continues. The phone calls did not stop. Mary Ann McFarlane moved back home to Archie, but her spurned lover, Janice Coulshard, wouldn't move on. My dad's like, why does he keep calling?
Starting point is 00:23:15 And she's like, I don't know. The whole aura of this guy was that he wasn't accepting it. In fact, as D.A. John Lewin and Detective Jim Wallace reviewed the evidence, they encountered a man who seemed obsessed, who first pleaded with Mary Ann, then began using language that sounded more threatening. I want you to come back to me, kind of statements.
Starting point is 00:23:42 And then you better come back. She was afraid he would skin her alive, she told her daughter, if she didn't come back to him. But Janos wouldn't stop calling or even making threats over the phone to Archie. And Archie hung up on him.
Starting point is 00:23:57 He called back immediately. You don't hang up on me. Unless you call me back, I'm going to get you. The next day, Janos showed up at the McFarland's house, carrying a small pouch. Marianne was in the shower, so Archie let him in. The two started talking.
Starting point is 00:24:11 Then Marianne entered the room. And Yano says, darling, come sit over by me. And Marianne, you know, puts the hammer down and says, it's over. Yano's perhaps upset went to the bathroom. Marianne was curious about that pouch he brought with him. Took a peek. And inside is a loaded semi-automatic firearm, ready to go, and an extra magazine.
Starting point is 00:24:36 Llanos later told Marianne that his plan, if she refused to come away with him, was to go outside and kill himself with that gun. Our theory was that if you're planning on killing yourself in the front yard, you don't need to bring the gun into the house. You don't need to have an extra magazine with you. I believe that something much more sinister was going to happen that day. In fact, nothing happened. The analyst went home, but he came back here to Marianne's house a few days later, Lewin and Wallace learned.
Starting point is 00:25:08 It was on the Friday before the murder. He met with Marianne alone and had an epiphany. It was something he referred to in one of those conversations the police recorded between Llanos and Marianne. I remember that morning when I left, Friday. I remember it. Conversations the police recorded between Yanos and Marianne. I clicked? What did he mean by that? He realized, you know what, she doesn't love Archie. She's not going back to Archie because she loves him. She loves me. So if I could just find a way to get rid of Archie, I don't need to kill myself.
Starting point is 00:25:57 If I get rid of him, I get the girl, she gets the security, and he's out of the way. Six days later, he's dead. Lewin and Wallace now believe they had the motive, but that didn't mean Llanos did commit the murder, either. They still needed something, anything, to connect him to the bloody crime scene. I knew there'd always be a question about how does Llanos get away from this crime scene without getting any blood on him? If there's no peace at all that implicates L Janos, I think there's some lingering doubt.
Starting point is 00:26:26 The kind of doubt that just might trip up the jury. So Wallace took a long, hard look at the original police report. I've got a case where it's very visual. And for me, everything comes down to, can I see it again? And as Wallace poured over the crime scene photographs, he could see that something was off, didn't make sense. Archie had been stabbed four times. There was plenty of blood around.
Starting point is 00:26:51 And if Llanos did the stabbing, some of that blood must have wound up on him, on his clothes. Wallace knew that the crime lab never found a trace of blood back in 1985, but now he needed to know why not. He does the murder. Where did he go next? I know this. When they got to his house, he had wet clothing hanging in his bathtub.
Starting point is 00:27:11 There was one pair of pants, one shirt. In other words, it's one outfit that needed washing that day. On the day he told us he was going to go to his brother's to do the wash. So what is it about this one outfit that needed washing that day? Back in 1985, those clothes were tested for blood using a chemical called luminol. When you spray on the clothing, it will luminesce in those areas where you either have body fluids, blood is a body fluid, so that would luminesce. Well, it turns out these pants were glowing in two areas, two important areas. But when they tested them for the presence of blood, they were negative for blood.
Starting point is 00:27:50 So something is there, but it's not blood. So now, two decades since Archie McFarlane's murder, Wallace found Janus's clothes. They were still in the evidence locker. He sent them off to the crime lab for retesting. And once again, there wasn't a speck of blood on the clothes. But there was something on those pants. Yiannos had supposedly washed them and hung them up to dry.
Starting point is 00:28:16 But still, there it was. Something very strange. Dirt and mud stains all over the pants. When I saw the report that he said there was dirt on the pants, that's when the light bulb went off for me. Coming up... dirt and mud stains all over the pants. When I saw the report that he said there was dirt on the pants, that's when the light bulb went off for me. Coming up, caught on tape, caught in a lie. So this is something you arranged with your brother? Well, yeah.
Starting point is 00:28:39 We sent detectives out to interview the brother afterwards. He didn't know the story Janos had given. Do detectives finally have enough evidence to arrest Janos? When Dateline continues. Sometimes the biggest breakthrough in a murder case can come from the most unassuming of clues. For Detective Jim Wallace, it was something buried in a routine case can come from the most unassuming of clues. For Detective Jim Wallace, it was something buried in a routine crime lab report. Janos Kulshar's pants, which he'd washed the morning of the murder and hung up to dry in his shower, again tested negative for blood. But this time, the lab report noted something else found on those pants, which caught the eye of Detective Wallace.
Starting point is 00:29:26 Dirt. If you're washing these pants, what is the goal of washing pants? Aren't you trying to wash the dirt out? You'd think. But in this case, the dirt was still present, except there was luminol glowing in two areas. Luminol, the chemical police used to detect blood and body fluid. But this didn't make sense. With no blood on the pants, the luminol was still highlighting something else on two very specific areas of the pants.
Starting point is 00:29:54 One on each side, right at about the area of the knee, on the front of the pants. If you were kneeling down in something. If you were kneeling down in something that you later wanted to get out by spot cleaning it with some detergent. And you actually did successfully get it out. This would glow exactly as we saw it. It would glow because cleaning detergents will also make the model glow. So you think you have blood, you actually just have cleaning detergent. So those pants that Janos had apparently washed the morning of the murder were still dirty, except for the knees. Why were they spot clean there? Wallace went back to the autopsy report. Archie's fatal stab wounds were to his torso. It didn't make sense the killer would stab him there while kneeling. But there was that other wound. Remember that rather peculiar one
Starting point is 00:30:43 near Archie's groin? Where would that person have to be relative to the victim to make that kind of an injury? And I think it would put you on your knees in order to do it. So when you look at that in the spot cleaning on the pants, I think you do have a pretty good description of how it is he got blood on his pants and what he had to do to get it off. Finally, some physical evidence. But was it enough? D.A. John Lewin didn't think so. He needed more evidence to file murder charges.
Starting point is 00:31:13 I wanted to get Janos on tape, so the detectives went out and they contacted Janos Kolchar. Janos worked in a shop repairing electronics. Detectives showed up at his shop with a hidden tape recorder to ask him all these years later about the murder about that day. And he remembered every single detail, he said, vividly. So what were you going out to your car for? I was going to go to my brother.
Starting point is 00:31:39 I remember that very good because the kids get ready going to school because my brother was working nighttime. Oh, so this is something you arranged with your brother? Well, yeah. Wait a minute. Didn't he say back then he was going to do laundry? His version now was that his brother had called him because a babysitter had to go to school and he had to take over babysitting that morning.
Starting point is 00:32:05 And he was on his way to the house to babysit. The babysitting thing was a brand new alibi. He'd never mentioned that before. We sent detectives out to interview the brother afterwards. He didn't know the story Janos had given. So that pushed me over the top. A few weeks later, cops returned to Janannis Kouchard's electronic shop, this time to arrest him.
Starting point is 00:32:29 And he was there working on a flat-screen TV, and he's right in the middle of it. He's trying to put things away in a certain position like he's going to come back. It's not like you need to put your tools away so tomorrow you can find them. You're not coming back here tomorrow. Worried about the arrest spread fast. First to Gary, who had waited 25 years. Completely 100% happy. Because after so much time goes by, you just think, all right, it's a foregone conclusion.
Starting point is 00:32:53 It's over. Everyone moves on with life. Including, of course, Mary Ann, who'd moved on with Janos. Didn't just go to him for a little while. In fact, spent the last 20-plus years with Janos. Didn't just go to him for a little while. In fact, spent the last 20-plus years with Janos, the very same man she herself once accused of killing her husband. But as it turned out, Janos was the only man in her life ever since Archie was murdered.
Starting point is 00:33:19 She loves Janos, and she does not want to believe that he is the killer. In the summer of 2011, two and a half decades after Archie McFarland was murdered, the case against Llanos Gulshar finally came to court. And of course, the prosecution's star witness was Mary Ann McFarland. What did she know, and what would she admit? Could her testimony sink her lover? Or maybe save him? Coming up, tough questions.
Starting point is 00:33:52 Let me make it very simple. Are you in love with him? And raw emotions. She went hysterical. She lost it. No. When Deadly Triangle Continues. June 2011.
Starting point is 00:34:20 Archie McFarlane had been dead more than 25 years. Janos Kulshar was 60 now, just about the same age Archie was when he was murdered. And as Janos sat here in court, silent and watching, Prosecutor John Lewin set out to find justice, much delayed. Though his case, as he admitted to the jury, was very much circumstantial and really didn't feature much new evidence. Janos Kulchar woke up on December 19, 1985 with a plan. This man decided, came to the conclusion, that Archie McFarland was in his way and needed to die.
Starting point is 00:35:00 The defense argued the evidence was thin, no blood, no murder weapon, no witnesses, and DNA found under Archie's fingernails, it had now been determined, did not match Janos. Even if everybody right away thinks that Janos Kulchar is the killer, there has to be proof beyond a reasonable doubt. Of course, Gary McFarland, as you know, had no doubt that Janos killed Archie. He told the jury about that awful December morning when he discovered his dad dead on the driveway and knew instantly who did it.
Starting point is 00:35:36 I turned around, looked at my mom, and I said, I can't believe you know exactly what... She goes, I'm so sorry, I'm so sorry. I can't believe you know exactly what she goes. I'm so sorry. I'm so sorry. I can't believe he'd do this. I'm so sorry.
Starting point is 00:35:50 I'm so sorry, son. She was just dead. She went hysterical. She lost it. So difficult to rein in the emotion, even all these years later. Easier for Gary to listen to the prosecution present the evidence suggesting the man spot-cleaned the knees of dirty pants to wash away just the blood. Easier for him to listen to the prosecution pick apart Janos' changing alibis. And Janos, he never took the stand, just listened stoically, as his attorney argued those changing stories were simply honest mistakes. When you ask somebody to remember something from 25 years ago,
Starting point is 00:36:34 they're not going to remember every single detail and every single thing that they did. But D.A. Lewin had someone, a witness who he hoped would remember the whole story. That is, if she chose to. The woman who first accused her lover of murdering her husband and then resumed her affair with him. So under oath, what would Marianne McFarlane say about Janos Kulshar now? Ms. McFarlane, step up, please. D.A. Lewin didn't believe Marianne was involved in the murder. But now, would she protect
Starting point is 00:37:06 her lover or help prosecute him? For two days, their battle of wills mesmerized the courtroom as the two dueled over Mary Ann's relationship with Janos. Let me make it very simple. Are you in love with him? No. You're not. And over the past 30 years, have you been involved with anybody else? No. We're friends and companions. Companions.
Starting point is 00:37:36 Ma'am, during that 30 years, you were having sex with him, correct? Yes. I assume you have friends and companions that you don't have sexual relationships with, right? No. So he's the man in your life, is that correct? Yes. Marianne, now 75 years old, seemed evasive.
Starting point is 00:37:56 Her usually sharp memory, often fuzzy. That's all I recall. I don't know. I misunderstood your question. Watching all this with mixed emotions was Marianne's son I recall. I don't know. I misunderstood your question. Watching all this with mixed emotions was Marianne's son, Gary. Even after all these years, their relationship has never fully recovered. It was tough on her, I know. I know she felt like she was on trial.
Starting point is 00:38:18 But a lot of the stuff that they went over and they pinned her on was to explain the mindset of, you know, Janus and the whole circumstances that led to this and it was necessary but it was tough. Finally, after three weeks, it was up to the jury to decide. Then, after just two hours... And has the jury reached a verdict? Yes, we have. We, the jury, and the above entitled to action, find the defendant, Yanush Kolchar, guilty of the crime of murder.
Starting point is 00:38:58 It was just relief. It was like a big weight just lifted off my shoulder. Yanush got a free 25-year ticket that most people who commit a murder don't get. Conspicuously absent on the day that finally brought justice for her late husband and a conviction for her lover was Mary Ann McFarland. She does not want to believe he did this for a lot of reasons. If Marianne were to accept that he committed this crime, she admitted that she would hold herself morally responsible. So some people decide, I'm not going to accept reality unless it
Starting point is 00:39:42 absolutely punches me in the face. And I guess we didn't punch hard enough. Reality for Janos Kulshar, the man she loved, the man now convicted of murdering her husband, is the almost certain prospect of spending the rest of his days in prison. In January 2012, Janos was sentenced to 26 years to life. Just about the same amount of time he spent with Mary Ann. Occasionally, you'll still find Gary McFarland at the beach where his dad Archie brought him to surf. And he thinks about father and mother and forgiveness. The lesson Gary is still learning from Archie McFarland.
Starting point is 00:40:31 I still love my mother. I don't harbor bitterness or resentment. There are tons of questions you'd love to ask and get answers to, but I'm not in a position, nor in my opinion anyone is in a position, to completely understand what's going on in somebody else's heart. That's all for now. I'm Lester Holt. Thanks for joining us.

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