Gone in the Night (1996) - full transcript
Jaclyn Dowaliby disappears in the middle of the night and is later found murdered. Her parents, David and Cindi Dowaliby are arrested for the murder but are subsequently released due to insufficient evidence. This movie explores the gross misconduct by law enforcement personnel and another investigation conducted by a professor and journalist who found a viable suspect. The case remains unsolved.
(Multicom Jingle)
(gentle music)
(sprinklers gushing)
(birds chirping)
(kids shouting and playing)
(music deepens)
(ominous music)
(kids screaming and laughing)
- [Jaclyn] Daddy!
- [David] How's my girl. (groans)
- [Jaclyn] I'm all wet.
- That's funny, so am I, give me a hug.
- Dad!
- Hey pal.
Ah, you kids are getting
too heavy for this.
- [Davey] Look what we got.
- Oh, grape, my favorite stain.
- [Jaclyn] Look, there's mommy!
- [Davey] Mommy!
Mommy!
Mommy!
- Hey.
- Mommy!
We were playing in Sarah's sprinkler.
- [Davey] We got popsicles.
- Yeah?
- I'm going back.
- Me too.
- Hey there.
Thought you had the day off.
- Yeah, I did, Becky called
in sick, I took her shift.
Did you just get home?
- Can't you tell?
- You look good in grape.
- Mom?
- In the kitchen.
- Hi.
- Hi.
- [Cindi] Hi, thanks
for watching the kids.
- Well, they didn't
take much watching here.
I brought in the laundry.
- Thanks.
- I would've put Jaclyn's
sheets back on her bed,
but I know I'm not allowed.
- Ann, you're not not allowed,
it's just that Jaclyn didn't
like those blue sheets
that you wanted to put on.
You know that she only likes
her Sweet Valentine ones.
- Well, I didn't wanna
get in trouble again.
- Thanks, I'll take care of them.
- Here, this is yours.
- What is it?
- Payday, I endorsed it to you.
- Faster out the better, huh?
- It was your idea to sell us the house.
You can stay as long as
you like, you know that.
Even after we're paid up.
- Really?
- You are welcome here, Ann.
- I'm meeting some
friends at the El Dorado,
I'll be home late.
- Have a good time.
- Hey, er, remember, don't
leave the front door open
when you get in tonight.
- Have I ever done that before?
- Yes, you have.
- I am not going out to get drunk, David.
I'm not an alcoholic.
- I didn't say you were!
- [Ann] Goodnight.
(sighs)
(insects chirping)
(dog barking)
(ominous music)
(lighter flicking)
- It's my turn for the wish book.
I'm in bed!
(gentle music)
- Here you go.
- I'm going to pick out what
I'm going to get everyone.
You have to leave, I'm
picking out yours too.
- Ah, give me a kiss goodnight first.
Oh, I love you baby.
- [Jaclyn] I love you too, mommy.
- Have good dreams tonight, okay?
- Okay.
- Okay.
I love you.
- Jaclyn?
- [Jaclyn] Don't come in!
- Can I open the door?
- No.
Daddy, how long 'til Christmas?
- Christmas? About three
and a half months, why?
- Nevermind, okay, you can
open it, but just a peek.
- Can I have a kiss?
- No, you can't come in.
- Okay, goodnight.
I love you.
- I love you too, daddy.
Close the door.
- Okay.
(door closes)
(insects chirping)
(ominous music)
(dog barking)
(glass smashes)
(breathing heavily)
(door unlocks)
(door creaks lightly)
(ominous music intensifies)
(alarm beeping)
(groaning)
- [Davey] Daddy, it's morning.
(David sighs)
It's morning, daddy.
- Hey knucklehead.
Let's get something to eat, you hungry?
- [Davey] Uh-huh.
- Oh great.
- What's great?
- [David] Your grandmother went out
and left the door wide open.
- [Davey] Why's that great?
- Well, that's not great.
It's not great at all, it's not even good.
Here you go.
Good morning.
- Hey.
- Guess what was left
wide open this morning?
- Oh, I know.
- And her car's gone too.
- You know, this isn't fair.
She's supposed to babysit and
I've got my ceramics class.
- Look, you don't have
to miss another class,
we'll get a babysitter.
- I'm gonna go wake up Jaclyn.
Jaclyn.
Jaclyn?
Davey, have you seen Jaclyn?
- Uh-uh.
- [David] She's not in her room?
- No.
- [David] Maybe mom took
her out to breakfast.
Did you check for a note?
- [Cindi] Um-mm.
Jaclyn!
- Let me check the basement.
- Okay.
(phone dialing)
- Jaclyn!
Jackie?
(sighs)
- She's not at Sarah's.
Where else could she be?
(eerie music)
Her bedspread's gone.
Where would she have
gone with her bedspread?
- I'll check the neighbors.
- Is Jaclyn gone?
- Davey, you come with me.
- Jaclyn!
- Jaclyn!
- Jaclyn?
Jaclyn!
- Have you seen Jaclyn?
I'm gonna try the Dach's, maybe
she's playing with the dogs.
Jaclyn!
- Ann, did you take Jaclyn somewhere?
- No, I'm just getting home, why?
- [David] From where?
- Um, I slept over at a friend's.
- Well, that's great, that's just great.
You're bombed, the door's wide
open and I can't find Jaclyn.
- Jaclyn!
Jaclyn!
(kids laughing)
Jaclyn!
(somber music)
Jaclyn?
- Jaclyn?
Jaclyn!
- I'll look in back.
(dramatic music)
Oh my God, David.
David!
- Seems like a domestic
situation, custody thing.
There's the smudge there.
- It looks like a footprint.
- My ex-husband tried this once before.
Something just like this,
upstairs at my mother's.
His name is Peter Kinney.
- He's the girl's natural father.
- So you're the, uh, stepfather?
- No, I'm her father, I adopted
them when we got married.
Peter doesn't have any custody at all.
At least with Peter we know she's safe.
- This glass was here like this?
- No, I put it there.
- Mrs. Dowaliby?
- Yes.
- We've located your
ex-husband, he's in prison.
- Oh, thank God.
Where's Jaclyn?
- He doesn't have her,
he's in prison in Florida.
He's been there since January.
- Oh my God.
David, where is she?
(birds chirping)
(car horn honks)
(distant radio chatter)
- Here, this is pretty recent.
- Get a run of posters made.
- Hey, we'll take a
couple hundred of them,
help them get them around
in the neighborhood.
- Hey, great, thanks Gene.
- We are going to find her, Mrs. Dowaliby.
We're putting every man I've got on this.
- Chief, the FBI is here.
- If this is kidnapping, and interstate,
then it's gonna be their jurisdiction,
and they're probably gonna
wanna set up some equipment.
You know, a phone tab in
case there's a ransom demand,
that sort of thing.
- We don't have any money.
Look, I mean, what would they want?
Jaclyn is just a regular little girl.
Who would do something like this?
- That's what we're gonna find out.
Now, is there anybody, at
all, that you can think of
that could possibly have done this?
- Rob Kinney, my
ex-husband's younger brother.
- He's crazy, absolutely nuts.
- Ann!
He's, uh, mentally ill.
He lives with his parents in Harvey.
Sometimes I saw him look at Jaclyn like...
(sniffles)
- Robbie wouldn't hurt Jaclyn.
He wouldn't hurt anyone.
- We're hoping she
isn't hurt, Mrs. Kinney.
So, you were at this Louie
M's restaurant all night?
- I was there from about, um, nine o'clock
to 5:30 in the morning.
- When was the last time you saw her?
- Around a month ago, she stayed here.
- Cindi sometimes brings her over.
I'm still her grandmother, you know.
All her c ousins all moved away.
Jaclyn's the only one I've got left.
- And you haven't seen her since?
- It's okay, mom.
God'll take care of her.
- She's really a Kinney,
you know, not a Dowaliby.
No matter what the courts say.
- So this is last night
we're talking about.
You say Rob Kinney was
here the whole time?
- Yeah, from about 9:00 to,
I don't know, 5:00, 5:30.
Want some more coffee?
- No thanks, did he
take any kind of break?
Go out anywhere?
- No, he was here all night.
Some pie, or something?
- No thanks.
Look, if you remember anything
else, give me a call, okay?
(clock ticking)
(phone ringing)
- David, try not to give anything away.
If they suspect we're
here, they might hang up.
- Hello?
- [Man On Phone] May I speak
to David Dowaliby, please?
- This is David.
- [Hugh] David, this is Hugh
Gordon from Channel 8 News.
I can't tell you how sorry
we are about your situation
over there, and I was
wondering if we could come over
and interview you.
- It's not a good time right now.
- [Hugh] Can I call back?
- Yeah, you can call
back, thanks for calling.
(phone cuts off)
- The problem with the
criminal justice system
is it's all lawyers.
The judges, prosecutors, the defense.
Lawyers control everything,
and I differ with that.
To me, it's the victim
of crime that matters.
- State's Attorney, Daley,
said he was especially
proud of his achievements
in passing tough new laws
to protect the victims
of domestic violence and child abuse.
- You look good.
- [Reporter] Elsewhere
in the south suburbs,
a missing girl, Paul Hogan reports.
- In Clarkwell, police are still searching
for seven-year-old Jaclyn Dowaliby,
apparently abducted out of
her bed late last night.
They're saying it's possible
she could've been kidnapped
through this broken basement window.
Investigators, nonetheless,
are puzzled that no one
living in the house next door
reported hearing anything.
- There are a lot of
unanswered questions right now.
- With little evidence at the
scene and few leads so far,
tonight, police are at a loss to account
for Jaclyn's disappearance,
and to speculate where she might be.
This is Paul Hogan, Channel 12 News.
- Who's on this?
- Clarkwell is Jackson's
district, isn't it?
- Maybe we ought to handle this from here.
I'll call the state troopers, Al Peck,
make sure they're on this.
- Good, let's do it.
Keep me posted, okay?
I'll talk to you guys in the morning.
- Goodnight, Richard.
- Goodnight.
- What's wrong with Jackson?
Clarkwell is his territory,
he can handle it.
- There's a kid involved,
we can't have police chiefs
with unanswered questions.
- You mean it might not look
good for the department?
- I mean people out there are scared.
- [Jim] Daley's gonna run for mayor.
- This is his job, Jim,
and he's good at it.
We gotta get this right.
Yeah, give me Al Peck.
- I want Jaclyn to come back.
- So do we, honey.
She's gonna come back.
And you can help her by praying
for her while you sleep.
- I'm scared, what if
someone comes and takes me?
- They won't, don't worry.
- What if you're asleep again?
- Those policemen are here and
they're gonna be up all night
so no one can come in.
I want you to say a prayer for your sister
and get some rest, okay?
- I love you.
- Love you too.
- [David] All right, pal.
Goodnight, bucko, I love you.
See you in the morning.
I think, tomorrow, we
should talk to the press.
They can help us, they can
get her picture everywhere.
I'll call that guy, Gordon, back.
The other stations, the newspapers.
- I don't know if I could face that.
- We'll get Rose to say something,
she's good at that kind of thing.
- You know, we've...
We've never not said
goodnight to her before.
How could this have happened, David?
How could we not have woken up?
(sighs)
(people muttering)
(cameras clicking)
- [Reporter] Captain Peck, Captain!
(all talking over each other)
- Good morning.
I'm Captain Al Peck with
the Illinois State Police.
I'm heading up a taskforce of the the FBI
and the local police.
Finding Jaclyn Dowaliby is
our number one priority.
Now, this is David Dowaliby's
sister, Rose Medema.
She has a statement she'd like to make.
- David and Cindi, and the whole family,
wanted me to tell you
that we are just praying
for Jaclyn's safe return,
and we wanna thank everyone
who's out there looking for her,
and hope you'll all continue
until Jaclyn is found.
And to whoever's got her,
please, we beg you, bring her back.
- Captain Peck.
- Ms. Medema, is it true
you think it's a relative,
someone she knows?
- Um, yes, we think that
it could be a relative.
We just think that it's
odd for someone to come in
and take a child at random.
I'm sorry. (sobs)
- Captain Peck, do you have any suspects?
- Yes, we have several.
We are confident that the
perpetrator of this crime
will be brought to justice.
- All right.
- Good.
- Nothing, what do you
mean we've got nothing?
- I mean we aint got nothing.
We got no suspects, we got
no evidence, nothing, zero.
(people muttering)
- All right.
What is this, two days of
searching and not a single lead.
Folks, we have a child abductor out there,
and 30 of us in here.
And I got the state's attorney
wondering what's going on,
so I'm gonna ask you one more time.
What have we got?
No trace of this little girl.
Well then,
do we have any ideas?
- Captain, um, a number of us have noticed
that David seems kind of calm,
unusually calm given the circumstances.
And this is his original distress call.
- [David] There's been
a break-in at my house.
I live in Clarkwell.
- [Operator] What's your address, sir?
- [David] 11317 Oak Drive,
there's been a break-in
and my daughter's missing.
- See, first the break-in,
then the missing child.
This seems kind of odd to us.
- No, it's the logical order of things.
If they're convinced it's the ex-husband,
then they don't think
the daughter's in danger.
Have they cooperated in questioning?
- Yes, they've been very cooperative.
- Is that it?
- Um, no, actually, I've been
thinking about that window.
- What about it?
- When I first got to the scene,
the glass in the workroom
had already been moved,
but there were several large
pieces on the ground outside.
Now, when a window is
broken, most of the glass
usually falls with the
direction of the force.
- So what are you saying?
- Maybe it was broken from the inside.
- Does that fit with the
rest of the evidence?
- Well, there isn't really any.
I mean, there's the screen, but--
- What about the window seal?
I mean, was there dust or glass particles?
You did check, didn't you?
- Yeah, there was dust but we didn't, uh--
- How was it disturbed, in what direction?
Let me see your lift.
- It wasn't disturbed, sir.
And we were treating it
as a domestic situation,
you know, the ex-husband, so--
- The ex-husband was locked up in Florida.
You didn't make a lift.
- No, sir.
- What about photos, you got photos?
- No, sir, not of the seal,
but I remember the dust
wasn't disturbed.
- It's routine in matters like this,
for parents to take a polygraph test.
Would you guys be willing to come down
to the station for that?
- Sure.
- It won't take too long.
- Uh, can we bring Davey with us?
- If you don't mind, we'd
like to keep him here.
Ask him a few questions, get
his prints for reference.
- Sure.
(ominous music)
- Did you help, in any
way, plan the disappearance
of Jaclyn?
- [David] No.
- Do you know who caused
Jaclyn's disappearance?
- No.
- If you knew your mother was involved
in Jaclyn's disappearance,
would you tell me about it?
- Yes.
- Did you, yourself, cause
the disappearance of Jaclyn?
- No.
- [Polygrapher] Did you,
yourself, cause the disappearance
of Jaclyn?
- No.
- Do you know where Jaclyn is now?
Mrs. Dowaliby, are you all right?
- She's out there somewhere.
I'm sorry, I should be helping
trying to find her right now.
- Captain, here are the polygraphs.
Cindi was too upset to talk,
and David shows no indication
at all of deception.
- What about priors?
- Nothing at all on Cindi,
and just two minor possessions
of pot when David was a teenager.
- Here's my report, do
you want my opinion?
No one came in that window.
- Where are they now?
- We're about to take them home.
- Sir, Daley's office is
holding for you on line four.
- Keep them here.
See if they'll give us prints,
and blood and urine for drug tests.
Question them separately,
everything, from the beginning.
You tell the lab I want that
window analyzed piece by piece,
and get a full questionnaire
out to a one mile radius
of the house.
This is Peck.
- Okay, David, if you'll
step right this way,
we're gonna get some prints.
- All right, now, Cindi, if
you'll come this way with us.
- I thought that we could go home now.
- There's some things
we'd like to ask you,
it won't take too long.
- David, if you'll--
- Can't we stay together?
- We'd prefer to speak to you separately.
- What for? We've told you everything.
- It's all right, Cin, if
it'll help us find Jaclyn.
- What is this?
You think we had something
to do with this, don't you?
- We'd just like to ask
you a few questions.
Now, if you'll come this way, please.
- Look, all I want is
to help find her, okay?
We didn't do anything to
her, you gotta believe that.
- We didn't say you did,
we just wanna go through
some things.
Now, go on, the last time you saw her.
- I went to kiss her goodnight
and she wouldn't let me in.
- All right, then what?
- We went to bed, and then...
- Take your time.
- So, you went to bed, and then?
You went to bed and what happened?
- Nothing happened.
We went to bed and we made love.
Do I have to give you
the details of that too?
- And none of the
neighbors mentioned seeing
or hearing anything unusual?
- After the (chair
dragging drowns him out).
- I'm sorry, after the what?
- You mean after Jaclyn disappeared?
- Anytime.
- No, nobody heard or saw anything.
- But as day three of
the search continues,
there's still no sign of
little Jaclyn Dowaliby.
Police have not yet apprehended
any suspects in the case,
but speaking yesterday,
Jaclyn's aunt said the girl
could have been taken by a relative.
Exclusive Channel 8 sources have confirmed
that the police are indeed
investigating the Dowaliby family
including the girl's own parents.
This is Hugh Gordon--
- I meant a Kinney relative.
(door opening and closing)
- [Davey] Daddy, daddy!
- Hey pal.
- The police gave me a badge!
- Oh yeah, where is it?
- [Davey] I'll go get it.
- [Cindi] What did they ask you?
- The same questions over and over again.
- David, they've been
talking to the reporters.
That guy, Hugh Gordon.
- David, when I said a family
member, I didn't mean you.
How could they possibly think that?
- It's all right, Rose,
it's not your fault.
I guess we should've kept our mouths shut.
Thought that the press
was there to help us.
I thought the police
were there to help us.
- Maybe someone will
still see her picture.
- Yeah, maybe someone will.
Jaclyn's out there somewhere,
and everyone's just
sitting around watching TV.
The whole damn world's just watching TV.
- David, what should we be doing?
I mean, what can we do?
- I don't know, go out
looking, make phone calls?
Don't just sit here watching TV.
- David, what--
- I don't know what!
Do something, just do something!
I'm sorry, honey.
I'm sorry.
I'll go put up some of these.
- Here.
(door slams shut)
Where's dad?
- Come here.
(car engine starts)
- Excuse me, would you be
able to put some of these up
by your pump?
- Is this the little girl in Clarkwell?
- Yeah.
- If you ask me, stepfather did it.
Sure, I'll make sure they get put up.
- I just wanted to tell him
what kind of a father I am.
- You're a great father, David.
You're probably the best
father I know, I mean that.
- God, I miss her, Gene.
All I want is to have her back.
And to hear something like that.
And the cops, I mean, it's crazy.
Everyone thinks we have
something to do with this.
- Not anyone who knows you.
- Yeah, well, a lot of good that does.
I'm sorry, Gene.
I totally snapped at Cindi before.
I'm losing it here, Geno.
I just wanna know that she's safe.
- We're gonna find her, David.
We're gonna find her.
Hey, listen, now I know you don't go in
for this kind of thing, but
there's this guy I know of.
A psychic.
- A psychic?
- Yeah, I heard even
that the cops use him.
Maybe we can just see what he says.
(glass smashes)
- Can I touch the glass?
- They said they were through.
Can you stay for this?
- I'll be upstairs.
(car door creaks)
- There were two of them.
A black youth with medium skin tones,
and a thin, white male with
dingy, light brown hair
that needed to be washed.
He has light eyes, they're
blue or they're green and...
Bad teeth, and he's spacey, like he's on,
like he's on drugs or something.
He has very nervous habits.
And a tattoo on his right arm.
Its blue, and isn't very well done.
- [David] Why did he take her?
- Something to do with a child that he had
that was taken from him somehow.
- It's Rob.
They say that she's a
Kinney, not a Dowaliby.
He has the worst teeth
that you've ever seen,
he has dirty, stringy hair, he's spacey.
David, it's Rob.
- Can you help us find her?
- I see...
I see tall fields.
I see tall fields,
high like, like dry straw.
Behind this there are green trees.
And two bodies of water...
Cross over.
- Is she safe?
- [Davey] Mommy.
I can't sleep.
- Come here, honey.
- Look, David, I have to tell you,
but I don't think Cindi
is ready to hear yet.
I fear that Jaclyn is dead.
She's been strangled.
- Stop, I don't wanna hear this.
Just help us find her.
- This is where she is.
(car approaching)
(door creaks)
- Hey, what's going on, come on.
You're gonna make me late for my shift.
- It's Rob Kinney.
The psychic described him exactly,
and he's never seen Rob before.
- He has an alibi.
- It's a lie!
Look, the psychic saw that it was him.
- Mrs. Dowaliby, if we depended
on that kind of seeing, I--
- The police have used him
before and you know that.
- All right, I'll tell you
what, we'll look into it, okay?
- What do you make of it?
- Rob's alibi holds up, the
owner and two waitresses
say he was there all night.
- So, essentially, they
give us the ex-husband,
find out he's in jail, then
home in on the crazy kid brother
with an alibi.
- Yes, sir.
- And other than that,
they want us to believe
that a total stranger climbs
in through that tiny window,
leaves undisturbed dust on the seal,
walks all through the house
and nobody hears a thing.
What's up with blood and urine, any drugs?
- Both negative.
- Retest, specifically for pot and coke.
And the window?
- Lab's still working on it.
- Tell them to work faster.
What about questioning?
- There's some inconsistencies with David.
On the scene he said he
kissed Jaclyn goodnight.
And then later on he said
she wouldn't let him,
and when I asked if any neighbors had seen
or heard anything, he
responded, after the accident?
- He called it an accident?
What about Cindi?
- Cindi's not in good shape, sir.
- Bring them in again, separately.
And I have a press
conference tomorrow, folks.
People out there are scared.
Give me something to tell them.
(all muttering)
- [David] We've already
done one of these, you know?
- [Polygrapher] Uh-huh.
- For the FBI and I passed.
- For calibration, please
answer the following
questions deceptively.
Is your name David Dowaliby?
- No.
- Do you live in Clarkwell?
- No.
- Did you harm your
daughter last Friday night
or Saturday morning?
- You want me to say yes to that?
- I want you to answer deceptively.
- I won't say yes to that.
- Did you harm your
daughter last Friday night
or Saturday morning?
- I said I won't answer
that, not for calibration--
- Just answer the question deceptively.
Did you harm your
daughter last Friday night
or Saturday morning?
- Ask me something else.
- Cindi, what would you say if I told you
we think David knows something
that he's not telling us?
- What do you mean knows something?
- Look, accidents happen.
We just think maybe David
knows something about that.
A while ago, I had a
case something like this.
The couple had been
married for like 11 years--
- No, I would know if
David knew something.
- Yeah, but how well do
you really know him, Cindi?
I mean, really know him.
- Your qualified opinion,
what the hell does that mean?
Was he lying or not?
- He wasn't fully cooperative.
Here's the report, it's my
qualified opinion he's lying.
- Sir, the drug retests are in.
No pot, no coke, nothing at all.
- But he does admit to occasional usage?
- Recreational, but he says
he hasn't used in weeks.
And he did pass the first polygraph, sir.
- Well, he was probably high on something.
- I said incident, not accident.
- [Detective] You said
accident, was there an accident?
- Like what?
What, you mean hitting
her and she falls down
and smashes her head?
- Any kind of accident.
- No, there wasn't an accident.
- You said there was.
- Look, if I said there was an accident--
- What kind of accident was it?
There was an accident, wasn't there?
(ominous music)
- What do you want me to say, yes?
All right, yes, there was an accident.
Someone broke into my house
in the middle of the night
and took my daughter.
I didn't hear anything
and I didn't wake up,
and I have to live with that
for the rest of my life.
Do you have a daughter?
Do you have daughters?
Answer me! Do you?
- Yes, yes I do, but
they're all safe at home.
And where's Jaclyn?
- God does forgive some.
And if David, or you, did
something and it was an accident.
- [Pat Grisham] Janice.
- What's the matter?
- Cindi, they found Jaclyn.
- Where is she?
- David says you already know that.
- She's dead.
- No.
Oh my God, no.
- Cindi.
- [Cindi] No!
(sobbing)
- [David] What, what is
it, have you found her?
- Cindi thinks you took Jaclyn, David.
- No.
- Your whole family does.
Now, what have you done with her?
- No, you guys are just
playing head games with me.
You've been doing it all day.
- All day we've been
talking to your family.
They say you took Jaclyn too,
now what have you done
with her, where is she?
- I didn't...
(sighs heavily)
You think you've broken me, don't you?
You think I'm gonna confess but I'm not
because I didn't do anything!
- David, they've found Jaclyn.
- Is she alive?
- No, she's not.
- Was she in a field?
- Now, why would you ask that?
- If you guys are lying to me.
You're trying to get me to confess.
I guess you think I should cry now, huh?
- Just tell us what happened, David.
- If you're gonna arrest me, arrest me.
If not, take me home.
No.
Cindi.
(crying)
- What do you want?
- I just wanna ask--
- Get out!
Get out, get out of my house, all of you!
- Cindi, I swear, I didn't do this.
- I want her back, David,
I just want my little girl.
(both crying)
- Yeah, take it away.
- [Reporter] Test one, two, test one, two.
- [Reporter] It has been
four days of search--
- [Reporter] Today, the
body of little Jaclyn--
- A spokesman for State's
Attorney Richard Daley
said the crime will receive
top priority, blah, blah, blah.
- [Woman] They're bringing the body!
- Come on, the body!
- Get a shot.
- Can get a shot.
- Come on.
- Go get it, go, go go.
(cameras clicking)
- Get the body bag.
- Captain Peck, Captain
Peck, can we get a--
(talking over each other)
- [Peck] Let's don't turn this
into a feeding frenzy here.
- [Woman] Who fond the body?
- So, what have we got?
- So far, not much.
- Better make it look like we do.
Give me a bag.
Maybe we can scare them into confessing.
- [Woman] The condition of the body.
- [Peck] We'll have more
about that after the autopsy
but the body's fairly well decomposed.
- [Man] Do we have any additional suspects
other than the ones you already have?
- [Captain] Our list of
suspects is the same,
we're continuing to
follow all those leads.
- Chief Grisham, what have you found?
- All I can tell you is
it's significant evidence.
- She's not coming back ever?
- No.
From heaven, you don't come back.
- Why not?
- Because God just
wants to keep her there.
- Why?
- Well, he just does, because
he loves her like we do.
- Why can't we have her?
- I don't know why, Davey.
I don't know why.
- When I pray, I'm going to ask him.
- [Cindi] You do that, honey.
- We have to arrange for a funeral.
I'm gonna talk to the priest.
- You need to call a lawyer.
We'll arrange the funeral.
- I don't think I know any lawyers.
- I've already talked to one.
His name is Andy Linton,
he's a friend of a friend.
He'd like to meet you tomorrow.
- Okay.
- So that's everything?
- Yeah, yeah, that's about it.
- All right.
David, you're probably gonna be arrested.
Of course, I'll do everything
I can to prevent that,
but the police are under
tremendous pressure
to solve this crime.
They need someone to pin it on.
- I wanna be at Jaclyn's funeral.
- We'll try to make sure of that.
- What about me?
- It doesn't sound like they'll arrest you
but you're gonna need separate council.
- Which I can handle.
- The police will pull
out all the stops now.
I can almost guarantee
you they'll pitch you two
against each other and
try to get a confession.
- We didn't do this.
- I know that, but you've
probably talked too much already,
and under no circumstances
are you to tell them
anything more without me there.
- What about the press?
The phones have been ringing off the hook.
- Nothing to the media, if
the police don't kill you,
they will, believe me,
I've had experience.
If you haven't heard already,
and I'm sure you will,
there were charges against
me a while back, taxes.
The media made a real thing about it.
I was set up so I know how you two feel.
- $30,000 to $40,000.
- [Rose] It's what it takes now, mom.
- We can raise it.
- They need six right away.
- This doesn't feel real.
I mean, we're sitting
here talking about lawyers
and money when--
- Because we have to, Cindi.
Maybe we should look around a bit.
- I like him, I think he's good, Cin.
- Maybe we should find out
what those charges were
against him.
- My friends say it was nothing.
(phone ringing)
Hello?
Yeah, hold on.
David, it's Andy.
- Hello?
- I just got the coroners
report and I wanted to call you
right away.
They say the body had
been there for a few days,
so I'm gonna spare you the details,
but they have determined
the cause of death.
It was, erm, it was strangulation.
- I appreciate the phone call.
- Sure, bye.
- He was just checking up on
us, seeing how we're doing.
(people murmuring)
(all shouting for the Captain)
- Richard Daley has made
this case a top priority
and, yes, we are close to
a breakthrough, thank you.
- Is it true the family's
hired an attorney?
- Uh, the Dowaliby family
is no longer cooperating
with this investigation.
In fact, they're pleading
the Fifth Amendment now.
That's all.
- Captain, off the record,
Captain, does the evidence point
to the parents?
- Off the record?
- Yes.
- Sure.
- Yes it does, now, goodbye.
(all muttering)
- [Reporter] Bring me the phone right now.
- [Paul] Al.
- Yes, Hogan.
- They've really taken the Fifth?
- Well, maybe not officially,
but they're not talking to anyone.
- Are you gonna arrest them?
- You should know better,
Hogan, I can't tell you that.
- You bargaining with
them for a confession?
- No comment.
- What's the evidence you have?
- Confidentially?
What if I told you that basement window
was broken form the inside?
Confession or not, they're guilty,
and we're gonna convict them.
- [Cindi] My dear Jaclyn.
I knew when you grew up you
wanted to be a cheerleader.
You wanted to be a mother and be married.
You were a good-hearted,
sweet, loving precious angel.
You were friends with everybody
and I loved you for that.
Little Davey loved to play with
you and you taught him well.
He'll always know you in his heart.
And we'll tell him more about
you when he's old enough
to understand.
Davey looked up to you
Jaclyn, and he always will.
I wish you could come to
us and tell us you're okay,
and safe and loved.
We were so sad when we couldn't find you,
and even sadder when you left us for God.
We will be with you
again, Jaclyn, in heaven,
and we are no longer afraid to die.
I miss my little girl and I want her back.
If you can somehow give
yourself back to me in any way,
I will be at total piece in my heart.
I love you and miss you so very much,
and I'm so sorry that
this happened to you.
- Excuse me, Gene O'Connor?
I'd like to talk to you
a moment, I'm Al P--
- [Gene] Yeah, I know who you are.
- Look, uh, I want you to
know everything we know.
I think there was an accident,
and people shouldn't go to jail
for the rest of their lives
over an accident.
- No way, there's no way
he threw her in a field
like a piece of garbage.
- She wasn't thrown
like a piece of garbage.
She was tucked in, couple
of feet from a parking lot
where she could easily be found.
And I think their worst fear came to pass,
she wasn't found right away.
Listen, if you care about these people,
tell them to come and tell me the truth.
I'll do everything I can to help them.
We have conclusive evidence
they were involved.
- We had a tip there was a diary.
- Evidence, how could they
have any evidence at all?
We're innocent.
- That's what I wanted to here, Dave.
- I mean, if they had any evidence,
why would they be doing this?
- Hey, don't worry, you're innocent.
Everything's gonna be fine.
- There's absolutely nothing, sir.
No direct hair matches,
no fiber matches, nothing.
And the lab's still working on the window.
- All right, folks, clear your minds.
Are we looking in the right direction?
Are we missing something?
Do we have the right suspects here?
(phone rings)
We've got to go back to the beginning
and look at everything.
The drunk grandmother, the
first husband, his family,
canvas everyone who's--
- Captain, Chief Grisham for you.
Those questionnaires,
we got an eyewitness.
- Let me make sure I got this.
From 75 yards away, in
an unlit parking lot
on a night with no moon,
this guy sees it's Dowaliby in the car?
- He saw his nose.
- I believe the phrase was nose structure.
- Okay.
- He picked out David's
photo, and the type of car.
- And from that you want
us to arrest both of them?
- Look, this case has got
Daley's personal interest,
it's gotta be a winner.
You've got a nose witness and
a few inconsistent statements
from Cindi and David.
- And we're pretty sure
the window was broken
from the inside.
There was an undisturbed layer of dust
at what they claim was the point of entry.
- It's still circumstantial.
- Damn it, Gerry, what is this?
- Give me something
that proves they did it?
- We're tearing our guts out on this case.
We know who's responsible.
- Al, you don't have to convince me,
but I have to convince a jury.
- Then what do you want?
Just tell us what you need.
- More evidence.
(alarm buzzing)
- Cin?
Cindi?
You all right?
- I know why I've been
feeling so weird lately.
I asked Jaclyn to come back to me somehow.
And I think she has.
I'm pregnant.
Aren't you happy?
- Yes, yeah, I'm happy.
Oh my God.
Everything's gonna be all right, Cindi.
Everything's gonna be okay.
God, I love you.
- I love you too.
- The public focus groups all put crime
in the top three priorities.
Now, this is a breakdown
of high visibility cases
I think we can use in the campaign.
They should all be easy winners.
There's also a lot of
public interest in Dowaliby.
Any chance of movement?
- Harbin says it's status quo.
- Well, everyone seems
to know they did it.
People are afraid they're gonna go free
just because they did it well.
People wanna see them go to trial.
- Well, let me talk to Harbin,
see what he comes up with.
Thanks Debbie.
What about the evidence, Gerry?
- Look, we got the eyewitness,
we got the broken window,
and that's it.
- Still thin, purely circumstantial.
- Are we sure it's the parents?
- Peck and Grisham are.
- What about you?
- Well it certainly seems that way,
there's no evidence
pointing anywhere else.
- But there's still not enough to go on?
- Nah, they come in three weeks ago,
they haven't turned up a shred since.
- You know, the headline
Accused Parents Acquitted
might not look too good.
- This isn't about headlines, Jim,
this is about a community living in fear.
- I'd advise against any
proceedings right now, strongly.
- Any chance of a confession?
- Well, they haven't buckled so far.
- And we've got nothing
to make them buckle.
- All right, that's all
we got, then we go ahead.
- Richard, the
investigation's still on, why?
- Try as hard as we can
to get a confession.
If we can't, we let a
judge worry about it.
(scribbling)
(engine starts)
(radio flicking channels)
(police sirens wailing)
- They got him.
- [Dispatcher] Magic.
(radio chatter)
- [Officer] We have him, sir.
- All right, we're on, go.
(phone ringing)
- Hello?
- Hi Ron, it's Cindi.
Dave's gonna be a little
late, he just woke up.
We wanted to let you know.
- All right, thanks.
- (sighs) What's done is done.
David, if this was an accident, tell us.
It changes the complexion
of this whole case.
- I got nothing to say to you.
- David, did you know
that I carry this picture
right over my heart?
- Can I have that?
- No, no, no.
But you can have these.
This is what you did.
- Oh God!
- Take a look.
- We have an eyewitness, David.
And if we charge you with
simply concealing a homicide,
you're looking at,
what, three years, tops.
- I got nothing to say to you.
(phone ringing)
- Hello?
- Cindi, it's Ron.
- Hi.
- I just called to see if
everything's all right.
- I'm doing okay, is David all right?
- Didn't you just call
me a little bit ago?
- No.
Ron, what's the matter?
- [Ron] Cindi, call
your lawyer, right now.
(phone disconnects)
(man talking distantly)
- [Ann] What's the matter?
- Uh, yeah, hi, this is Cindi Dowaliby,
get me Terry please, quickly.
- Cindi Dowaliby, I have
a warrant for your arrest.
- Where's David?
What have you done with him?
Terry, help!
- Get away from my house,
you got her now, don't you?
- Where's Davey?
(knocking on door)
- I want my phone call,
you said that I get a call.
This isn't real, I don't believe it.
- Oh, believe it, it's real.
Here, take a look.
See, that's how Jaclyn ended up.
Here, take a look!
- Shut up!
- That real enough for you?
- I want my lawyer, I have
nothing to say to you.
- You want your call, huh?
Here, here's your call.
It's for you.
- Hello?
- Cindi, they took Davey, they took Davey!
I don't know where they went with him.
Cindi, I couldn't stop them.
- Where is my son, where is my son?
Why are you doing this to us?
We have trusted you, we have helped you,
why are you doing this?
- Talk to me!
- Stop!
- They don't beat me.
- What happened to Jaclyn
if mom got mad at her?
- Spank her.
- What happened if dad got mad?
- [Davey] I don't know.
- Can you tell me what
happened when Jaclyn died?
- God wanted her.
The man broke in and took her to heaven.
- Anyone tell you not to
talk about what happened
that night?
- No, I wanna go home.
- Jump down here.
Okay, now Davey, I want you to bend over
and touch your toes.
Davey, did anyone put
anything up inside you here?
- [Davey] No.
- The parents have been
arrested for the murder
of his sister.
They use drugs, and the
grandmother drinks a lot.
David has a bright red rose
tattoo on his right arm,
and Jaclyn once colored a cow
picture with purple tongue.
These could both be demonic symbols.
We believe that the parents are involved
with some kind of devil worshiping cult,
and engaged in ritualistic child abuse.
(door buzzes)
- [Intercom] Nurse needed in
ICU, we need a nurse in ICU.
- No, I don't get it.
- Never, you ever see your
daddy put those clothes on?
- No.
No, I'm leaving!
- What's wrong?
(somber music)
- Now, Captain, before
it was known, in fact,
that Jaclyn was dead,
when you asked David
Dowaliby if any neighbors
had seen or heard anything,
did he reply, quote,
"After the death"?
- Yes, sir.
- And when Jaclyn's body was
found, did he ask, quote,
"Was it in a field?"
- Yes, sir.
- And Captain, did an eyewitness identify,
through photographs, David Dowaliby
and his 1980 Chevy Malibu as
being where the body was found
at 2:00 a.m. on the night
Jaclyn was murdered?
- Yes, sir, he did.
(door buzzes)
- Cindi.
- What's going on?
- We found Davey.
- Where?
- Palmersfield Hospital.
He's all right.
(sighs)
- He's scared and homesick,
but he's fine, it's strategy.
They're holding him hostage
to get you to confess.
- We gotta get Cindi out of here.
I can take this but she
can't, she's pregnant,
she needs to be home.
- Listen, the grand jury has
handed down your indictments,
this is gonna go to trial for both of you.
- Can we get her out on bond?
- [Terry] We're working
on that, but listen--
- She needs to be home for Davey.
- David, it is not that simple.
- The examiner at the hospital is alleging
that Davey's been the
victim of both physical
and sexual abuse.
- What?
- They're sending him to a home.
- What do you mean a home?
- The ward of the state.
- An orphanage?
- That's not what they call them anymore.
- At a press conference today
State's Attorney Richard Daley
made his candidacy for mayor official
and called the fight against
crime a top priority.
- Something is wrong here.
And this growing crime rate
must be stopped, right now.
- Meanwhile, in the Dowaliby case,
officials are investigating allegations
that four-year-old Davey
Dowaliby has been both physically
and sexually abused by his parents.
The boy has been taken into
the custody of the state.
Today, Dowaliby defense
attorney, Andy Linton,
gave a rare comment.
- It's an outrage, they
took a little boy away,
and then they lock up
his mother and father,
while the real killer goes unpunished.
It's unbelievable!
- Isn't Linton the guy they
were gonna suspend last year?
- Year off with a
spanking for tax evasion.
- How is he in the courtroom?
- Well, I guess we're
gonna find out, aren't we?
- Whatever he sets bail at,
you'll need 10% to get out.
What can you guys come up with?
- Here she comes.
- [Terry] You can't touch her.
- What? I haven't seen her in a week.
- I thought I told you.
- No, you didn't.
I love you Cin.
We're gonna get out of here.
- I love you too.
- [Court Official] All rise.
Be seated, Honorable
Judge Needham presiding.
- 400, 500, that's almost $50,000.
We need $60,000 to get them both out.
- Have we pooled everyone?
- Everyone I can think of.
We can get Cindi out, but not David.
- Ann, it's Gene.
- In the kitchen.
- They're from Ron, the pink
slips for the company trucks.
We can take them to the bank.
Let's get them out.
(gasping and laughing)
- Dowaliby, let's go.
Come on, move.
- Cindi, you're getting out.
Andy's in with David right now.
- I wanna see Davey.
- We'll do everything we
can to make that happen,
but for right now, let's
just get you out of here.
Guard.
(cameras clicking)
(reporters shouting)
Mrs. Dowaliby would like you all to know
that she and her husband are innocent.
They're grieving over their
loss and wish to go home,
so, please, give us some room.
(all continue shouting)
- David, David!
- David!
- [Ann] Let's get you home.
- Mommy, daddy!
- Oh! (groans)
Oh my God, I've missed you, I love you.
- Are you out of jail?
- Uh-huh.
- [Davey] Can I come home now?
- Are they taking good care
of you, are you all right?
- Uh-huh.
- And what have you been eating?
- Yogurt.
- Yogurt? Wow!
Have you been saying your
prayers, and ones for Jaclyn too?
- Uh-huh, are you taking me home now?
- We can't right now, pal,
but, you know, we want you to come home
but the judge won't let us.
- Why not?
- Davey, there's some
people saying that we're not
very nice to you, that we hurt you.
- You don't hurt me, I
wanna be home for Christmas.
- Oh, hey, we're gonna try, pal.
We're gonna get you out
of here as soon as we can.
- And then everything will be all right.
- Hey, I promise you, we're
gonna get you out of here.
- Come here.
- Look, I gotta be straight with you.
You are not gonna get Davey back.
They are not gonna give him
to you until this is settled.
- This is crazy, you said
it could be months, years.
- I'm just telling you.
- Don't tell us what we can't
do, Andy, tell us what we can.
I mean, who will they give
him to, mom, Mary, Rose?
Will they give him to anyone?
- We're working on it.
(gentle somber music)
- Merry Christmas, Jaclyn.
- If I was the pilot,
I'd fly up to Jaclyn.
Can you fly to heaven?
- In your dreams you can, but not really.
- Davey, have you had a good day?
- Best Christmas I've ever had.
- I'm glad to hear that.
- Except Jaclyn isn't here.
- It's time.
- Davey, mommy and I gotta go now.
- No!
- Mrs. Brown has already
let us stay here longer
than we're supposed to, I
mean, everybody else has left.
You wanna give me a kiss?
- Don't leave me here!
- Oh, Davey.
- Davey, honey--
- No, I wanna come home!
- Davey.
- I wanna come home, no!
No, don't leave me
here, I wanna come home!
I wanna come home, don't leave me here!
- I think you better go.
- Stop it Davey, listen.
- No, I wanna come home,
don't leave me here!
I wanna come home, don't leave me here!
Don't leave me here, I wanna come home!
Don't leave me here!
- Davey, we love you.
- I wanna come home,
no, I wanna come home!
Don't leave me here, no!
(rain pouring) (thunder rumbling)
- I wanna come home, don't leave me here!
(banging on door)
Mommy, daddy!
- Oh my God, David.
I'm gonna get him.
- You can't.
- Yes I can, he is our son.
- He's theirs now, Cindi.
- Oh, so we lose our daughter
and now we lose our son.
No, I'm gonna go get him.
- How, how? You tell me, Cindi.
You tell me how to get him!
I'm doing everything I can here, Cindi.
I'm trying to keep this family together!
What do you want me to do, huh?
What do you want me to do?
- Stop it, look at us!
Look at what this is doing to us!
- [David] Oh God, I'm sorry, honey.
(ominous music)
(somber music)
(MultiCom Jingle)
(gentle music)
(door thuds)
(gentle music)
- David.
- [David] Yeah?
- Do you know where Davy's hero man is?
He wants us to bring it to him tomorrow.
- Check his dresser bottom drawer.
It's the secret snow fort,
the password's gindrick.
(gentle music)
- Gindrick.
(gentle music)
David.
Look at this.
They're Jaclyn's.
- When I was looking for
which ones to put in with her
I couldn't find them.
- He's keeping them.
I miss him David.
I miss them both I want my kids back.
- Andy thinks that child
and family services
are gonna approve of Rose to take David.
- I want him here.
(dramatic music)
- So do I.
(dramatic music)
(knocking)
- [Mother] I'll get it.
(dramatic music)
- Oh Mrs. Dowaliby?
- Yes?
- I'm John Waters with the Chicago Police.
- We don't have anything to say to you.
- Your attorney's hired
me as an investigator.
When Andy and Terry first came to me
when I was convinced of your guilt
but then I read through
the stuff they gave me
and also, I gotta be honest with you,
I've been observing you.
- Observing us?
- Watching, following.
- What right do you have?
- None really but it did
convince me of your innocence.
Oh yeah someone could
definitely fit through there.
- Tell that to the cops.
- Yeah well they say it's
unlikely someone would choose
that 'cause there are two
bigger windows back there
that were unlocked but there's
also a fence back there,
whereas here you got easy street access
and you're hidden by the bushes.
Now if I were an intruder this
is exactly what I'd choose.
In here, the evidence tech dusted the door
but nothing else in
the room, nothing else.
He never dusted the back,
patio or basement doors
or the stairway either,
or the workroom except
for that window in there.
Right here, they call this a smudge,
and it's clearly a foot print.
They also talk about an undisturbed layer
of dust on the windowsill,
it's not even mentioned
in the original reports
no lift was ever made.
The cops seriously botched this case.
- Well why are they doing this to us?
- Hey make no mistake, they
really believe you did this.
Their minds are made up
and when that happens
it's tunnel vision time.
The night before Jaclyn
disappeared about a mile from here,
someone cut the screen of another sleeping
seven year old girl and was
coming through the window
when her mother woke up
and scared the guy away.
Did you know that?
- No.
You really believe us don't you?
- Yes I do.
- Thank you.
- Well now, I'm afraid I've
taken up enough of your time
and even if I haven't I'm
afraid you'll have to excuse me,
I got chemotherapy.
The big C, colon.
I'll root for you, you root for me.
- You said it was broken from the inside.
- We believed it was.
- And it's taken you two and
a half months to figure out
it was broken from outside?
- Well it was a complicated assembly,
we made it our top priority.
- Look we go by what you guys tell us,
that what I tell to Daley
and this case isn't exactly
swimming in hard evidence.
We can't have surprises like this.
Now is there anything
else I should know about?
- So they went outside and did it.
Now look if anyone sees him at the window
it's there own house.
- Are you questioning if they did it?
- I'm questioning what a
jury is more likely to buy.
- This way makes them
look more calculating.
This works in our favor.
- Okay.
Now who's this John Waters?
- He's a detective with
Chicago PD he works on the side
as a private investigator.
Multiple commendations,
good catholic family man,
he's a regular candidate for sainthood.
- One of his specialties is burglary
and he's putting word out that someone
did come in through that window.
- Well does he know something we don't?
- Not that I know of.
- Gerry, above board on this all the way.
Strictly by the book okay?
- Of course.
(engine rumbling)
- You alright?
- This is the first time I've
been here, I'll be alright.
- Up there is where Everett
Mann, the eyewitness,
was when he says he saw you.
Terry's up there now trying
to get him to come down.
- Where'd they find her?
- Over there by that middle dumpster.
You'll be alright.
(engine rumbling)
This lens has 20 times the
resolution of the human eye
now I can see the shape
and color of the car
but I can't tell whether
he's male or female
and I sure as hell can't see his nose.
David.
- [David] Yeah?
- Pull into the spot and get out.
(engine rumbling)
Kill the lights.
This is exactly how it was on that night.
- I can't see a thing.
- Uh huh.
- Is he coming?
- No, he won't talk to us.
But listen to this, he says
there's a tape of his interview
with the cops.
(laughing)
- Good, good.
- We have an obligation, a
legal, punishable obligation
to turn over evidence to the defense.
- Gerry--
- All of the evidence!
Do you know what this makes us look like?
Why was this even made?
- It was made because--
- There is a strategic,
evidentiary reason why people
do not tape witness interviews
and if they do, then they
turn them over to us.
- Gerry--
- Why the hell wasn't
this turned over to us?
- Frankly Gerry one of
the guys in your office
told me to get rid of it.
(clicks)
- This is great, this is great!
He doesn't say he saw your
light blue Monte Carlo
he says he saw a dark mid size car,
he doesn't say he saw you,
he says he saw a nose configuration.
He doesn't even ID your picture,
he just says the nose resembles yours.
I mean there goes their eyewitness
straight out that window
they said was broken from the inside.
- So what does this mean?
- What does it mean?
It means we cream them in trail.
- Or I find who did kill Jaclyn
and we don't go to trial.
- All I can tell you is
what I told everybody else.
Robbie Kinney was here.
- Do you keep a schedule here or anything?
Time sheets?
- Not for Robbie he just helps
me out now and then you know,
he cleans up, he does errands.
That night he was here all night.
Ask them they'll tell ya.
- What's that?
- Robbie, where he was the
night his niece was taken.
- Um, he was here.
- And you were both here?
You saw him here all night?
- Yeah.
- Oh.
Do you remember if Rob (cries out).
- Oh my God are you alright mister?
(crying out)
Oh here I'll get you a glass of water.
- Thank you, I've got a bad stomach.
- You better get that checked.
(laughing)
- Yeah I gotta get it checked.
I'll do that.
Do you, do you remember if Rob
left or anything that night?
- Um, look, Robbie was kind
of like a fixture around here
you know?
You might not know if he left for a while.
- So then he could have left?
- Are you okay?
- Yeah, you recall anybody
else who might have been here
that night, who could be helpful?
- Um, no, not that I can think of.
- Well thank you for your help
and the water.
(clicking)
- It just isn't here.
- Look, maybe if we--
- David you can read all
this as well as I can.
We're tapped out, everyone is.
The money just isn't there.
- Andy says the state's
purposely dragging out these
extra hearings about Davy.
- We've gotta sell the house.
- No.
- Then maybe it would be
better to work on getting
Davy back when your case is over.
Andy says it'll be a lot
easier when you're cleared.
- I'm not leaving my son in an orphanage.
- And I'm not leaving my son in jail
for the rest of his life.
- We're not selling this house.
We'll work it out.
- How?
Are you gonna rob a bank?
Win the lottery?
- Don't mention this to Cin.
- Don't mention what to Cin?
(dramatic music)
(engine rumbling)
- Hi.
- You alright?
- I'm better than alright, I'm great.
They're giving Davy to Rose.
- Yes!
- How much do we get to see him?
- You'll get him 12 hours a week.
- That's it?
- You're lucky to get that much.
- How's everything else?
- I'm on to some leads.
- I mean with you?
- Oh no, I'm alright
but as a matter of fact
I've got an appointment
with Madame Currie.
Are you guys okay?
- Yeah.
- Huh?
- Yeah we're good.
- [John] You better be.
- [All] Surprise!
(clapping)
- Hey Davy would you like
to see your new room?
- [Davy] Are you staying here too?
- No honey we can't.
- Why not?
- Well it's stupid but the
judge will only let us see you
12 hours a week.
- You mean I go home for 12 hours?
- No not exactly, we're not
allowed to be alone with you.
- When can I live at home?
- Well mommy and I have
been meaning to talk to you
about that, we don't
have our house anymore
someone else lives there now.
But grandma's got a nice new apartment
and that's where mommy and I are living.
- Where's my stuff?
My snow fort?
My special toys.
- Everything's in your new room,
your dressers here too.
Now why don't you got with Matt and Johnny
and let them show you okay?
Go on.
- No I don't agree, I
think if people are upset
maybe we should issue
some kind of a statement.
- Let child and family
services make a statement.
The visitation rights were their decision
we've got nothing to do with it.
- What's happening with the baby?
- Well they petitioned for the grandmother
to get custody.
- David's mother?
- No Cindi's mom.
Apparently she checks out fine.
She meets all the qualifications,
she moved to the city
a month ago to establish her residence.
- Well are they going to approve her?
- Looks that way.
- Alright well let's do our homework
and get all the facts straight.
And let's find out what's
happening with the baby.
Morning.
May I answer some questions
for you this morning?
- She looks just like you did Cindi.
- Carly Marie?
Hey Nurse Susan, her name's Carly Marie.
- Oh that's beautiful.
- Marie was Jaclyn's middle name.
- I have to take her now.
- [Davy] Where?
- To the nursery with the others
but tell you what give me a big kiss
and I'll bring her back this afternoon.
- I've gotta get to the jail.
I wanted to tell you earlier
but you were in labor.
They've caught the guy
from the other break in.
Unfortunately his fingerprints
don't match the unidentified
one found on your window,
actually that was Davy's.
Now that doesn't mean it wasn't this guy
and believe me I'm gonna
rake him over the coals.
- But we're still going to trial.
- For now, I'll keep you posted.
- He's my favorite
police man in the world.
- Ours too pal.
- Cindi, David.
- What's the matter?
- We just got a call from
child and family services,
they're coming to take the baby.
- No.
- Cin.
(dramatic music)
Cin.
(bangs)
- Where's my baby?
(bangs)
Give me my baby please!
Please give me my baby, please.
(cries out)
(thuds)
(dramatic music)
It's gonna be alright Carly, mama's here.
- David, Cindi.
- He's not taking her.
- This is Nick Ocner of
child and family services.
- He's not taking her.
- Guys we've worked out a deal.
- We had a deal.
My mother moved back into town to--
- [Nick] Cindi--
- He's not here to take her Cindi,
your mother can still have custody
and you guys get eight
hours a week supervised.
You just can't be alone with her.
- Eight hours a week?
Can't be alone?
My God look at her she needs me!
- We're going to appeal
but for now this is as
good as it's gonna get.
- I wanna see Davy
before he goes to school.
- You look exhausted.
Why don't you lie down here for a while?
You can go see Davy later.
- Because I only have two hours
left this week that's why.
- Cindi no one will know?
- Yes they will mom.
They are watching everything that we do.
It's a court order I am
not gonna risk losing her.
Here I'll be back later this afternoon.
- Alright.
Cindi.
- What?
- I don't know if I could
put up with all you have.
You're a good mom, I'm proud of you.
- Thanks.
(dramatic music)
(door thuds)
Hello?
- Hey mom daddy's here too,
he's gonna read me
treasure island tonight.
He's on the phone right now.
- Oh that sounds great huh?
- Uh huh.
- Cin, that was Andy they're
gonna let us live at your mom's
with Carly, we can't be alone with her
but we got her 24 hours
a day, seven days a week.
- Are you serious?
- Yes.
- When will I be able
to live with you guys?
- Soon pal, really soon.
- [Reporter] Maintaining
their code of silence,
David and Cindi Dowaliby
came into court this morning.
- [Reporter] Prosecutors
began their case today
by telling the jury that the
Dowaliby's murdered Jaclyn...
- All rise.
Be seated.
- Now Mrs. Kinney your son Robbie
he works at Louie's Restaurant
in Harvey is that correct?
- Louie M's Restaurant.
- Louie M's Restaurant I'm sorry.
- Sometimes Robbie works there
and sometimes he just went there.
- Oh I see.
And when he was there, is it
true that from time to time
he would go and pick up a
waitress named Joanie Harris?
- Objection your honor, hearsay.
- Sustained.
- I'm sorry Mrs. Kinney let me start over.
Did there come a time when you, yourself,
told your son Rob not to
go to pick up Joanie Harris
at the Islander apartments where she live?
- Yes.
- And Jaclyn's body was found
about a building away from
where Rob picked up Joanie
Harris is that correct?
- Objection.
- The previous objection was sustained.
That's hearsay.
The jury is instructed to
disregard that last question.
- Your witness.
- Mrs. Kinney at any time
did your son Rob know
where your granddaughter
Jaclyn was living?
- No.
- That isn't true.
He's come with her to
pick Jaclyn up before.
- Did he even know what
Jaclyn's new last name was?
- Objection to what Rob knew it's hearsay.
- I want a sidebar with
all the lawyers right now.
- Your honor Rob Kinney
is a possible suspect.
- That's news to me.
And if that's part of your defense
and you're trying to bring in testimony--
- It raises reasonable doubt.
I'm sorry to interrupt you--
- Andy if you don't keep
your mouth shut I'm gonna
ban you from these conferences.
- I accept your rebuke.
- Now you guys raised Rob Kinney,
you opened the door, you
live with the consequences.
Objection overruled.
- So what do we do?
Get a new lawyer?
Can we do that?
- Well you can but it might
not be in your best interest
besides delaying the trial,
it could send the wrong
message to the jury.
Look, Andy's nervous you're
the biggest case he's ever had.
- He's given himself an ulcer over it.
- He'll find his stride.
Besides, the state has
to bring in hard evidence
against you, they don't have it.
You didn't do it and
you'll be found not guilty.
- You don't know that.
- The state can't prove a lie.
- You sure about that?
(dramatic music)
- [Reporter] Today in court
Everett Mann, who lives at
the Islander apartment complex
where Jaclyn's body was found
said that on the night of Jaclyn's murder
he saw David Dowaliby.
(chattering)
- [Reporter] The prosecutions
case has so far been loaded
with circumstantial evidence
and weak on physical evidence,
prosecutors have not even
hinted at a possible motive.
- [Reporter] On the stand today
forensics expert Rolf Meyer
testified that the
basement window was broken
from the outside.
- [Reporter] Prosecutors
theorize the Dowaliby's
broke the glass from outside
to make it look as though
an intruder took Jaclyn.
- [Reporter] Illinois state
police captain Allen Peg said
that when police told
David Jaclyn was dead
David asked if her body
had been found in a field.
- Mr. and Mrs. Dowaliby are confident
they'll be acquitted of all charges.
They ask that anyone who may know
who did kill Jaclyn please come forward.
- [Reporter] In court tomorrow
the Dowaliby's are expected
to be excused when
prosecutors show jurors photos
of the deceased child.
I'm Kristie Carter reporting
live from the courthouse.
(dramatic music)
(clicks)
(gasping)
- Now doctor could you
describe this lower area
to the jury please.
- Yes, note the thousands of
maggots in the groin area.
Now this is the remnants
of the groin area,
and all this is dead, necrotic tissue,
as well as the surrounding area.
- This isn't evidence.
- It showed the time of death.
- For God sakes where's your soul man,
they already testified to that.
Have you seen any evidence in this case?
- Nothing remarkable here,
some nail polish evident right here.
- Peck told me that that window
was broken from the inside,
their star witness was
supposed to be a bombshell.
- What are you complaining about?
This is the story of a lifetime.
It's got it all, family,
betrayal, violence.
You see yesterday's rating?
The district manager
called me herself about
my nose witness story.
She said the next time
they need a weekend anchor
I'm at the top--
- Excuse me have you been
to that apartment complex
at night?
- Come on, the guy saw what he saw.
It's our job to report that.
- It's the black hole of Calcutta.
You couldn't see an
elephant driving that car.
- Right here.
Naturally you remember the body was moved.
- Now could we go back
to that first slide again
please doctor?
- David, I'm Paul Hogan, channel 12 news.
- Ya I know.
- Don't worry I'm not cornering you.
- [Man] We won't talk.
- I don't blame you,
just for the record you
were really being screwed.
- Hey ya think so?
Do you mean by you guys or Harbin?
You think we're bring screwed report it,
you're a reporter isn't that
what you're supposed to do?
Or would it hurt ratings too much?
I don't want your pity.
- It was a calculated dramatic
end to the prosecutions case
and yet another day of strictly
circumstantial evidence.
If the state intended to shock
the jury with this tactic
they succeeded giving
jurors the weekend to ponder
some very vivid and perhaps
inflammatory images.
- She has Jaclyn's eyes doesn't she?
- Yeah.
- You know I told Davy that
tomorrow we could spend
the whole afternoon with him.
I asked him what he
wanted to do and he said
I don't know, maybe just stay home.
He calls Rose's home now.
- Hey we'll get him back
Cin when this is all over.
- What do you thinks gonna happen?
- Well they haven't presented
any real evidence yet.
- I'm scared David.
- I think Andy's been
doing a lot better lately.
Hey every thing's gonna be okay.
Next week we'll present all our evidence
and then we'll just get up there ourselves
and tell them the truth.
- So what are saying,
that we shouldn't testify?
- Look we don't believe the
states proven it's case.
- But if we don't testify
won't it seem like we're hiding something?
- That's a risk but all we have to do here
is establish reasonable doubt,
we think we've already done that.
And in a way you do
have something to hide.
- Like what?
- Your two pot convictions.
- I was 17 years old.
- It doesn't matter,
you've admitted that you
still use sometimes and
they'll bring that in.
It'll effect your
credibility with the jury.
Right now we feel we're
in pretty good shape.
- Look, I really think
that we should testify.
- We're gonna bring witness after witness,
to impeach what they've brought.
Look we've got the window
guy, the forensics guy.
- Our daughter was murdered.
A jury should know what
we have been through,
what it's done to us.
They should hear the truth from us.
- You wanna go on, we'll put you on
but they are just waiting
to tear you apart David.
- John, what do you think we should do?
- I think you can get hurt either way.
It's a difficult call.
Ultimately, you're the
ones who have to decide.
You.
- And did you tell David
where you felt Jaclyn would be found?
- Yes I did.
I told him in weeds and grass in a field.
- Thank you.
- Witness is excused.
- Alright Mr. Litton, Mr. Summers
do you wish to call further witnesses?
- Your honor, ladies and gentlemen,
David Dowaliby rests his case.
- Your honor, ladies and gentlemen.
Cynthia Dowaliby rests her case.
(whispering)
(gavel bangs)
- [Judge] Alright then state?
- We have nothing further.
- Then that is the end of evidence.
The jury is in recess.
I've had under consideration
the defense motions
for directed equitals of both defendants.
It is my position that in
the case of Cynthia Dowaliby
there is insufficient
evidence to go to the jury.
Cynthia Dowaliby's case is discharged
and she is released from the court room.
- [Man] Yes!
- Yes!
(upbeat music)
(cheering)
- Please.
(gavel bangs)
It is also my position that
there is sufficient evidence
in David Dowaliby's
case to go to the jury.
(chattering)
(gavel bangs0
Closing arguments begin in 15 minutes.
Courts recessed.
- [Man] All rise.
- How could this be?
- Don't worry, we're gonna get me off too.
Now you go get Davy
and you bring him home.
- Whoa, whoa guys, you
don't get Davy back now.
You're free of the murder
charges not the child abuse,
that's a whole separate case.
- What do we have to do?
- Right now let's just wait for the jury.
(suspenseful music)
- Unreal.
Prosecutors believe that
while David drove off
to dump Jaclyn's body at
the Islander apartments
Cindi stayed home and
washed the bed sheets
in which they'd murdered
Jaclyn by tying her down and...
Oh my God.
- Isn't it time for us to
fight back, say something?
I mean she's bee acquitted.
- Let's get David acquitted too
and then we can come out
with our guns blazing.
- You're gonna get off you know.
You have to.
- The jury's been in there three days Cin.
- Just imagine what
it'll be like out there
without all this.
All we'll have to worry about
is paying everybody back.
- No first we're gonna go away somewhere.
Where there's a lake and
we can take Davy fishing.
- Fresh trout, camping.
Making love under the stars.
- Well everybody, they've
reached a verdict.
- I love you.
- I love you.
- You ready?
- Alright, let's do it.
(suspenseful music)
- We the jury find the
defendant, David Dowaliby,
guilty of first degree murder.
We the jury find the
defendant, David Dowaliby,
guilty of concealment
of a homicidal death.
- [Ann] Please no, please no!
- How could you do this?
(dramatic music)
- Mommy, mommy, the news
must have said he didn't win.
- Oh baby.
- Is he back in jail?
- Your daddy loves you very much.
- When is he coming home?
- I don't know, I don't know Davy.
- Don't be sad mommy,
everything's going to be okay.
- Come here.
(gentle music)
Do you believe in God John?
- Yes I do.
- So how can he do this?
- I don't know that God's
ways are for us to understand.
I do know that he doesn't give
us tests that we can't pass.
I know the feeling of
not being able to go on.
I certainly would like
life without my cancer.
But I either have to choose to
live with it or stop living.
- I don't know how to live with it.
- I'm looking into some old leads.
I wanna find Jaclyn's
killer and get David out.
- We made a mistake not
talking to the media didn't we?
You know I mean we should
have told our story.
We should have told everyone the truth
it doesn't matter what they
would have done with it.
But we listened to Andy and Terry.
- I think I have to take some of
the responsibility for that.
- And now it's too late.
- It's never too late Cindi.
Come on.
Two years ago my doctors
gave me a few months to live.
And here I am aren't I?
- So what can I do now?
- I think I know someone
you could talk to.
David Protess, he's a professor
at the school of journalism.
- It's hot.
- [Cindi] Thanks.
- Campus coffee.
I think that's right.
So have you seen David yet?
- I've talked to him but they say that
I can't see him for
another couple of weeks.
- How is he?
- He's numb like I am.
Mr. Protess--
- Dave.
- This trial wasn't just
in the courtroom was it?
- No it wasn't.
- You know when ever
we talked to the media
they just twisted around
everything that we said.
That's why our lawyers told us to stop.
- Was there anyone that
you felt was fair to you?
- Ya, this guy on channel 12.
- Hogan, Paul Hogan.
- Yeah.
- I've worked with him.
- So what can we do now?
- If you think the media killed the truth
then they can resurrect it again.
- And get David out and my kids back?
- You still have an appeal.
- And you can help us?
- Maybe, but first I wanna know the truth.
The whole truth, from you.
- I'd have to talk to David.
- If I can give you some free advice.
If you don't have 100 percent
confidence in your lawyers
then get a new one.
If you're interested I can give you
some good appeals people.
- Do you believe we're innocent?
- I'm not sure.
Let me get up to speed on the case.
If this were a credit
check they'd be triple A.
I've talked to the friends,
I've talked to the neighbors,
you know that Cindi
babysat for half the street
after she was accused of murder.
You were there, did anything
come out at the trial?
- No, the states case
was as weak as it looked.
- What's all this?
- Oh, I've been trying
to figure it all out,
put it all together from the beginning.
- Well let me help ya.
This is what I think happened.
- What's that?
- That's the day they were accused.
Flip it open.
They had to solve this case
and the timing was perfect.
- Wow.
(suspenseful music)
- I haven't seen Robert
Kinney in a long time.
- When you did see him was it here?
- No, look I already told
everything I know alright?
- You told some investigators
Robbie picked you up here
and dropped you off here from work.
- Yeah.
Well they got that wrong.
- Miss Harris a little girl's body
was found right beside that--
- You think I don't know that?
Look I quit Louie M's restaurant
a month before that happened.
- That's not what your manager says.
- What do you want mister?
- Did Robbie Kinney pick you up here
and drop you off here around
the time of the murder?
- Maybe I got my dates mixed up.
- Oh.
- I gotta get to work.
(buzzing)
- [Cindi] I wanna talk to them David.
I trust them they wanna help.
- Yeah help mess up my sentencing.
You don't think the states
gonna come back with more lies?
- Protess knows a good appeal attorney.
He's from a big downtown firm.
His name's Bob Bihman, he can help.
- Yeah everyone wants to help.
You know who has appeal attorneys in here,
you know who go around talking
about their appeal lawyers?
The lifers.
They live off these guys,
it's their bread and butter.
- He'll take his pro bono David, for free.
We can get the kids
back, be a family again.
- You wanna get the kids back Cindi?
You wanna be a family again?
- Yes.
- Leave me.
- What?
- You heard me you're married
to a convicted murderer,
they're not gonna give you custody.
- David--
- That's what I want, leave
me, take the kids and go.
Get on with your life.
Get on with your life Cindi.
(phone clatters)
(somber music)
(buzzes)
- Hey Dowaliby, I thought
you might wanna see this.
- Cindi.
- This is incredible, this is terrific.
- Have a seat.
Our phones, been ringing off the hook.
- You told us not to speak.
You told us not to speak to anyone.
- We did what we thought
was best at the time.
- Well it wasn't.
People thought we weren't
talking because we were guilty.
The jury thought that we weren't talking
because we were guilty.
- Hey who got you off here?
- My husband is in jail.
Now we paid you over $55,000
and now you send me a
bill for $53,000 more?
- Cindi please, sit down.
Look money's one of the things
we wanna talk to you about.
With a case like yours, a story like this.
- No my case is over.
And so is yours.
(door bangs)
- Great.
- I can't believe the response.
Protess says that people
were calling in their support
and some leads too.
Protess and Hogan are looking into them
and they think that we might be able to
get the state to drop the abuse charges.
- Public opinion can sway this for ya.
I want David to talk to them too.
- Ya I'd like David to talk to me.
- I'll go out there to
see him this weekend,
the doc says I can be
out of here by Friday.
Alright, come on don't worry, I'm fine.
They have me filled with
so many pain killers
I can't feel anything now.
I'm gonna get your killer for you Cindi.
I am.
(engine rumbling)
- Cindi.
- What's the matter?
What is it?
- Someone called the
station, an anonymous tip
they said that they were sending over
something I should see.
- [Dave] It's Davy's medical records
from Palmers Field hospital.
- [Paul] Scars, cuts,
bruises, you name it.
- This isn't true.
I've never hit my son
and we've never hit him.
- I think the caller was a cop,
they want you to know
who you're playing with.
If they can't get you for
Jaclyn, they will for Davy.
- You said that they would
do this, strike back.
So you're gonna put this on the news?
- We're not, they're
juvenile medical records.
- But if he got them that
means everyone else did.
- [Paul] And some one will go with this.
- While Cindi Dowaliby has
been actively seeking custody
of her children, this medical
chart shows 17 suspected abuse
marks found on Davy
upon his admission to
Palmers Field hospital,
the diagnosis by Dr. Sharon Archer,
physical abuse and possible
sexual abuse by Cindi.
- I don't get it.
- Davy listen to me.
You're gonna hear people
say things, bad things.
Now these men are friends,
I want you to tell them the truth.
I want you to tell them if
we ever hurt you or Jaclyn.
- They don't hurt us we get time out.
- Davy anything you can
think of, anything tell them.
- Once I yelled and my dad
grabbed me real hard by the arm
but he didn't mean to.
- We're not the ones you have to convince.
- Those pictures don't even look like me.
They don't look like anybody.
- Davy didn't you tell me that
they took real pictures of you?
- Real pictures, photos with a camera?
- Ya lots.
But they weren't doctors,
they were police men.
- The photographs were
taken by the Chicago police
without Dr. Archers knowledge.
Davy Dowaliby was not abused.
- How do you explain these in
the light of doctor prepared
records detailing bruises,
wounds, lacerations?
- The photographs speak for themselves.
Anything else was
influenced by what official
wanted Palmers Field hospital to believe.
- If you're gonna try us again Mr. Gordon
then this time get the evidence straight.
- The photographs show that
the wounds in Dr. Archers
drawings either did not exist at all
or were greatly exaggerated.
Little Davy Dowaliby had
nothing more than just
the normal marks that kids get.
- This is the kinda trial outside court
we've put up with from the beginning.
It's the worst nightmare
parents can be put through.
- Hey Dowabaly, you got a visitor.
TV star, kinda looks like you.
(gentle music)
- Davy!
- Hi dad.
- I miss you pal.
- You're skinny.
- Yeah well the foods
not so good here Davy.
- Wanna talk to dad?
- I'm getting on with my life.
- I love you Cin.
- We're gonna get you out of here.
Aren't we Davy?
- Yeah.
- And we're gonna get
the kids back with us.
David I fired Andy and Terry.
- Andy told me, he came by.
He promised he'd bring someone
else to the hearing with him.
- He isn't doing the hearing.
- He said he already made a
motion to over turn the verdict.
- You told him you'd use him?
David he is using us.
Just like everyone else,
can't you see that?
This isn't for you, it's for him,
this is the biggest case of his life.
- But this woman he's bringing,
she's a specialist, he thinks
we got a really good shot.
I'm wanna stick with him.
- And I want you out of here.
I don't understand,
why are you doing this?
Do you wanna stay in here
of the rest of your life
because you didn't wake up that night?
I didn't wake up either David.
And somehow we've gotta find
a way to live with that.
Live not die away in prison.
David please at least
talk to Protess and Hogan.
- Look Andy doesn't think that I should--
- David.
Please.
(dramatic music)
- This used to be the last stop.
My luck this is where they
put the chair right here.
- Don't worry they've taken the wires off.
- Alright there's some
ground rules I wanna set.
- No, no ground rules.
There's nothing I don't wanna answer.
- Great.
- I could be here in jail
for the rest of my life
and that's very hard for me to accept.
But that's not the worst thing
that ever happened to me.
What happened to my
daughter was the worst.
The only thing I did
wrong was I didn't wake up
and save my daughter.
She would have expected me to be her hero.
(sobs)
I'm sorry.
I wish to God I woke up
that night but I didn't.
I'm guilty of that.
If that's why I was
here I could accept it.
(somber music)
- Charlotte.
- Cindi.
- Where's John?
Is he up?
- He went this morning,
about two hours ago.
- Charlotte I'm sorry.
- We'd said our goodbyes.
Last night he said he was
sorry he couldn't help you.
But at least he'd know who the killer was.
He said he was gonna meet
Jaclyn and she would tell him.
(somber music)
- Oh, what happened to you?
- I got a call first thing this morning
to come to a meeting right?
Hi Cindi.
- Hi.
- The big guys are not to please
with my Dowaliby coverage,
they've been getting
some negative feed back.
- Just like my meeting with the Dean.
He doesn't like my
involvement in the case.
He's upset with the
disturbance it's causing.
It seems you TV guys have
been parking in his spot.
- Are you surprised?
- No.
Why don't you have a word with Charlotte
and we'll go poll the jury?
- Bye.
- We'll call you later.
- Okay.
- This is the last one.
(knocking)
Mrs. Nassen?
- Yes.
- Hi I'm David Protess,
I sent you a letter.
This is Paul Hogan.
- I really don't have anything to say.
- Mrs. Nassen, did you
read any of my articles
in the Daily Sentinel
or watch any of the channel 12 coverage?
- Yes I have.
- Are you aware that the
defense has filed motions
to overturn the verdict?
- I think Judge Needham
is a really fair man,
let's see what he does.
Goodbye.
(door thuds)
- The motion for acquittal is denied
as is the motion for a new trial.
Mr. Litton, Miss Steamfrank
you argued your motions
superbly but Mr. Dowaliby
opted for a jury trial
and I do not think it
would be appropriate now
for me to rethink what they decided.
Mr. Dowaliby do you wish to
say anything before sentencing?
- Your honor, the only
thing I can tell you that,
that my lawyers haven't is who Jaclyn was.
They didn't know her.
Jaclyn was beautiful,
she was warm and pure
and she had the right to live.
I did not kill my daughter your honor,
I loved her and I will love her always.
And that's the truth.
- Okay you can return to your counsel.
(dramatic music)
David Dowaliby for the
concealment of Jaclyn Dowaliby's
homicidal death you are
sentenced to five years
in the Illinois department of correction.
(dramatic music)
And for the murder of Jaclyn
Dowaliby, 40 years consecutive.
You have 30 days to appeal, no bail.
(gavel bangs)
(crying)
(dramatic music)
- Mr. Protess.
- Mrs. Nassen?
Are you alright?
Listen, do you wanna come up?
- I haven't slept a night since the trial.
He didn't do it did he?
- I don't think so.
- Oh God.
- What happened in that jury room?
- Amanda, that long haired
one and her little gang,
I just didn't stand up to 'em.
And there were others
who weren't sure either
but if you said anything
they just shouted you down.
When they read that
verdict and said guilty
I almost passed out, I don't
know why I didn't, you know,
jump up and yell no, no!
I guess I, I just didn't have the guts.
I'm gonna be dead by the
time he gets outta jail.
I could have cost him his trial.
He would have had another jury,
now he doesn't even have a chance.
- Maybe he does.
- I don't believe this
man murdered his daughter.
- Experts call the recantation unusual
but say that that would
not be enough to overturn
the verdict, that however
is exactly what juror
Susan Nassen would like to have happen.
- I have to live with this thing forever,
I don't know if I'm
ever gonna sleep again.
(phone ringing)
- This is exactly what
we've been looking for.
- Hello?
- It's Hogan, he says the
station phones are ringing
off the hook.
- Yes!
- David call Bob Bihman.
Now is the time to change lawyers.
- Andy and Ellen are trying
to get me out on bond.
- Protess says the
states attorney's office
is taking a lot of heat.
People are talking, rethinking things.
What we're doing is working
we can't take any chances.
- And we're not, Ellen
thinks the appeals--
- You got 45 years.
- The judge said she argued superbly,
no one would have changed his mind.
- David we're flat broke,
Bihman will do this for free.
- Why?
What's in it for him?
- He never gets cases like this.
- That's what you said about Andy.
- I mean where his
client is truly innocent.
David please.
(bangs)
- I got all of John Waters stuff,
I'm gonna start going through it.
- I'll see that, I'll raise you one.
- [Dave] What's this?
- Grand jury transcripts,
you're gonna love what Peck
and Harbin told them.
- What are you talking about?
- Where do I start?
Look at this, I told them Everett Mann
positively ID'd David,
I told him before Jaclyn was found
David called her disappearance her death,
the police report said he said accident,
David said he said incident.
- It's unbelievable.
- They told the grand jury
two witnesses saw David's car
at the Islander apartments
at exactly the same time
he was being interrogated
at the police station.
- That's great.
- At exactly the same time
David was being interrogated
at the police station, Cindi was home
and the FBI said the car was with her.
Captain Peck also told the FBI
that David's polygraph test
showed no indication of deception
because David was probably on drugs.
But police blood and urine
tests taken the same day
showed no drugs in David's system.
The grand jury wanted to
exercise their right to speak
personally with the Dowaliby's
but Peck and Harbin steered
them away from that idea.
The conclusion is inescapable,
under pressure to place
the blame somewhere
to get the indictments
against the Dowaliby's
the prosecutors used evidence
that later proved false
or just never materialized at the trial.
This is Paul Hogan, channel 12 news.
(phone ringing)
- Hello.
Cindi it's David.
- Hi, I tried to call you earlier
but they wouldn't let me talk to you.
Listen Bob Bihman wants
a meeting with him okay?
- We don't need him Cin we did it.
The appeals court's
letting me out on bond.
Come and get me.
I'm coming home.
- Oh my God.
Davy daddy's coming home.
- Yay, yay, daddy's coming home!
Daddy's coming home!
- Say hi.
- Hi daddy!
(gentle music)
(phone clatters)
(gentle music)
- Now are we your lawyers or what?
- You're my lawyers.
- What's going on?
- They're not letting him out.
- What?
- The state fought back.
They appealed to the supreme court.
They reversed the bond order.
They didn't give a reason.
(somber music)
- They're here!
They're here!
Where's daddy?
- They're not letting him come home Davy.
- You said he was coming.
You promised.
- I'm sorry.
- No, no you promised, you
promised, you promised me.
- [Cindi] Shh, I know.
- [Davy] You promised me.
(somber music)
(buzzing)
- I'm Bob Bihman.
How do you do?
- Alright.
- If you'd like me to represent you David
it would be my honor.
- You think you coulda
got me less than 45 years?
- I think if we'd been on
the case from the beginning
you wouldn't be here at all.
You're innocent.
- And you think you can get me outta here?
- Appeals take a long time.
It might be a year, maybe more.
The first thing I'd like
to do is get you moved
to a better hotel.
- You mean some place I
could hold my wife and kids?
- That's the main idea.
- [Davy] Daddy! Daddy!
- Davy!
How you doing pal?
God you feel so good.
- You too.
- Hi honey.
- Hi David.
- Look at her, she's so big.
- Oh yeah.
- Aunt Mary Ann.
- Hey honey this is your daddy.
This is your daddy.
- Hi, hi Carly.
Hi.
- [Davy] She's almost walking
- Mmm you smell so good
just like a little baby.
- [Davy] She is a little baby.
(crying)
- What? What?
Honey I'm your daddy.
- She just needs to get
used to you, it's okay.
It's okay.
Goodnight Davy I love you.
(door thuds)
- Alright, Cindi here's where we are.
Rose.
- We've given the hotline
number to just about
every local station so hopefully
we'll get some new leads.
- Dave.
- I'm coming.
I'm still following up on Rob Kinney.
He was John Waters prime
suspect, so far nothing new.
- Bob.
- This is the brief.
We file with appellate court,
we're not seeking a new trial
we're seeking out right exoneration
based on insufficiency of the evidence.
We also asked them to
nullify the indictment
because it was obtained
through false testimony
given to the grand jury.
- When will we know?
- Well that depends on
what their schedules like.
But family courts given us next Thursday
for your custody hearing.
- Yeah now everybody spread
the word on that one okay?
We're gonna be there for you Cin.
- Excuse me.
(crying)
- Ann what's the matter?
- She may not have been my
own flesh and blood Cindy
but I loved her.
And if I hadn't been out
getting smashed that night
and if I'd been down in
the basement sleeping...
- Ann you can't take the blame.
- I want you to know that I like you.
I like you a lot.
I know it's been difficult
for me to show you
but I always have.
Thank you for what
you're doing for my son.
(gentle music)
- Mr. Harbin, Mr. Harbin
can we get a statement?
Just, just something, what do
you think of the 1-800 number?
- What's Cindi gonna do,
call it herself and confess?
(laughing)
- Kate.
There's some guys been around asking
about the night Jaclyn disappeared.
I was here that night remember?
- I don't remember.
- You're gonna have to remember.
- Get away from me.
- Your honor Davy Dowaliby was physically
and sexually abused by his mother
and we ask that you not
return his custody to her.
- You honor the state
has failed to produce
any evidence of child abuse what so ever.
Davey Dowaliby is just a normal little boy
who wants his father back
and who has not been allowed
to be alone with his mother
since the death of his
sister three years ago.
Carly has never been
alone with her mother.
It is time to reunite this family,
these children should not
have to wait another day.
- Cynthia Dowaliby is capable
of uncontrolled violence
and rage and--
- This is a preposterous
personal vendetta.
- I couldn't agree with you more.
I've heard more than a score of witnesses
and there is no credible
evidence of abuse.
I find that Cynthia
Dowabliby is a fit, willing,
and capable parent granting
custody to Mrs. Dowaliby
is in the best interest of her children
and it is so ordered.
- Your honor the people of Illinois--
- The people of Illinois direct
you to sit down Miss Ross.
- Your honor, may the Dowaliby's
be permitted to embrace?
- Motion to hug granted.
(clapping)
(cheering)
- You're coming home next Dave.
(gentle music)
(knocking)
- Hi.
Oh my God who is this?
It looks just like David.
- His name's Roy Padecky.
- And guess where he hangs
out and what he drives.
- A dark mid sized car at
the Islander apartments?
- [Paul] Bullseye.
- [Cindi] Where did you get this?
- Somebody called the 800 number.
- And what are you gonna do with it?
- Hogan and I, we're
gonna pay a little visit
to Everett Mann.
- Here you go.
- The testimony of Everett
Mann was the only significant
difference that lead a judge
to declare Cynthia Dowaliby
not guilty and allowed a jury
to find her husband guilty.
Tonight that crucial piece of the states,
largely circumstantial case, is gone.
Saying it could have
definitely been Roy Padecky
that he saw, Everett Mann
has signed this statement
repudiating his testimony at the trial.
Even more remarkable Mann says he told
prosecuted Gerry Harbin
before the Dowaliby trial
that if he had been shown a
picture of Harbin's own nose
he would have identified it.
Tomorrow the case goes before
the Illinois appellate court.
The Dowaliby family asks that
anyone with any information
about what happened to Jaclyn
please contact the hot line
number, 1-800 555 Dave.
1-800 555 Dave.
- Why would the waitresses lie?
- If you got a job you wanna keep it.
Your boss asks you to tell
someone something and you do it.
Mitch and Rob they got this
father and son kinda thing.
Mitch probably thinks
that Rob didn't do it
and is trying to protect him.
- And you're positive that
Rob was not there that night?
- My husband had just passed
away and I couldn't sleep.
I was at the restaurant from 10 at night
until six in the morning.
Robbie never came in.
- Why didn't you come forward until now?
- I was scared.
I've got a little girl same age as Jaclyn.
And two days after Jaclyn
disappeared I did see Robbie.
- Hey Robbie.
How's the great spirit?
- The great spirits great.
- Yeah.
- Remember when I told you
a sacrifice had to be made?
A sacrifice young and pure?
- Yeah.
- Well a sacrifice has been made.
- Robbie you're nuts.
- Hey Kate.
Now I wanted to talk to you two.
- Hi Robbie.
- Hey.
You getting so big and pretty aren't ya?
You were here all night
Friday night right?
- Yeah I was here, what about it?
- I need a favor.
- What kind of favor?
Robbie?
- If you or anyone you
know have any information
about the disappearance
of Jaclyn Dowaliby.
- Robbie.
Get your hands off her!
Get out, get out of here.
(crying)
And after that, when
all the stuff was on TV
Robbie told my brother Rocky
I've killed before and I can do it again.
Rocky was at the
restaurant that night too.
He knows Rob didn't come in.
He's kinda social with him.
- Do you think he could set
up a meeting for us with Rob?
(eerie music)
- Well if my eyes are
green the spirit's here
and if they're brown the spirit's gone.
- Well right now they're green.
Can you tell us what the spirit
knows about Jaclyn's death?
- The spirit can tell
ya everything about it.
The spirit was there.
(barking)
There were dogs barking, the spirit says.
Barking real loud all at one time.
(glass shatters)
Inside the house I
walked past Davy's room.
That's all the spirit talking though,
I didn't say nothing,
David Dowaliby did it.
I just released information.
- Release some more.
- The light in Jaclyn's closet was on.
But the light in her room was off.
Her bed wasn't made
and she had on pajamas.
Her comforter was
blueish, purple with maybe
a bit of yellow or green.
And her underpants were
yellow with unicorns.
She peed on herself.
The excitement from the
struggle made her pee.
(ominous music)
And her head was pointed
north, north east.
And one of the gold cross earrings
was ripped out of her ear.
But this is all the spirit
talking, you understand right?
Maybe people didn't see me
in the restaurant that night
because I was invisible.
The spirit can help me do that.
I was here physically
but no one could see me.
But spirit did tell me where the body was
and something pulled me
there like a driving force.
I didn't see the body though.
Just smelled it.
I was to scared to look at it.
- [Woman] Man what's going on?
Come on, you're gonna
make me late for my shift.
- But I know from the spirit that,
right around her Adams apple she had
a rope burn around her neck
and one of her fists was balled up
and she had bruises all over her body.
She took a licking but kept on ticking.
(phone rings)
- Hello?
Oh my God.
- In a starling legal development today
the Illinois appellate court
has set free David Dowaliby
saying the trial court that
convicted him of murder
18 months ago had erred in it's decision.
- [Man] Cindy, David.
- [Woman] David was it true?
- How do you feel?
- Well it's hard to believe
it right now I'm very happy.
But I'm the proudest of my wife.
She's a real fighter, she
never quit, not for a second.
Thank you.
(light hearted music)
(camera snapping)
But this things not gonna end
until we find out who killed Jaclyn.
Thank you.
- The best part is the appellate
court tossed the case out,
didn't order a retrial
and the state supreme court
refused to review the case.
David and Cindy are free.
(cheers)
- Well hey, hey, there's Paul.
- Channel 12 spoke to
appellate court justice
Dom Rizzie about the decision.
- It's the function of the appellate court
to prevent an injustice.
Now this case never should
have been prosecuted,
it was a waste of tax payers money.
- [Hogan] That was however an opinion
not shared by city hall.
- Well I guess appellate courts
can do what ever they want.
Maybe we should do away with juries.
(booing)
- This is Paul Hogan channel 12 news.
- Hey.
Oh fuck thank you.
Paul thank you, thank you for everything.
And thank you.
I don't know how I could ever repay you.
- Ding ding ding ding.
I would like to propose a
toast to David and Cindi.
To a life time of happiness and security.
And to everyone.
Lawyers, journalists, friends,
you all came together to make
this remarkable day possible.
You all stood up to be counted
when someone needed you.
And to John Waters.
I know he would have
loved to have been here.
- [All] Cheers!
(gentle music)
- Now what's gonna happen?
- Well as soon as we can
we're gonna take a trip.
How would you like to
go camping and fishing?
- Yeah!
- Well that's what we're gonna do.
And then I'm gonna go back to work
and I'm gonna pay back
everyone who helped us out,
and we're gonna find a new place to live
and we're gonna start
our lives over again,
how does that sound?
- I love you daddy.
- I love you too pal.
Okay, good night.
- Good night.
- So how does it feel to be able
to put your kids to bed again?
- Unbelievable, you have no idea.
I thought I'd never get to do it again.
(laughing)
Hey guys.
- Whoa hey, I think we should
be getting out of here.
- Yeah, yeah we thought
we'd give you guys a break.
We'll get into things tomorrow.
- No look I wanna know something.
How do we find out who did this?
What's happening with Rob Kinney?
(eerie music)
- [Rob] But I know from the spirit that
right around her Adams apple she had
a rope burn around her neck
and one of her fists was balled up
and she had bruises all over her body.
She took a licking but kept on ticking.
(clicks)
- We've given a transcript of this
to the states attorneys office.
Along with five affidavits saying
that he wasn't in the
restaurant that night.
The police say they'll investigate
but so far they haven't done much
and frankly we don't think they will.
- Why not?
- There's no physical evidence.
The case is old, they think
the statements not credible
and even if it was he could
get off with insanity.
- Plus it's embarrassing,
makes 'em look bad,
they told the public it was you.
- Isn't there something we can do?
- Yes there is.
You can make a decision.
You can let this shadow
hang over your lives forever
or you can get on with your new life.
Look to your future.
(somber music)
- Mommy, mommy, I caught a fish.
- Wow that's dinner.
- It's just a little one,
we're gonna throw it back.
- So he can grow up.
- That's nice Davy, come on let's go.
(gentle music)
- Hello I'm Cindi Dowaliby.
- And I'm Dave Dowaliby and
that was our daughter Jaclyn
and Carly really does
look quite a bit like her.
- Since David's release
from prison in 1991
there is still been no one charged
with our daughters murder.
We live day in day out with
no closure to our ordeal
as do many other couples who's children
have been abducted and murdered.
- No one can bring back murdered children
but you can help end
their families ordeal.
If you have any information
about an abducted child
please call the national
center for missing
and exploited children at 1-800 the lost.
- That's 1-800-843-5678, thank you.
(somber music)
(somber music)
(MultiCom Jingle)
(gentle music)
(sprinklers gushing)
(birds chirping)
(kids shouting and playing)
(music deepens)
(ominous music)
(kids screaming and laughing)
- [Jaclyn] Daddy!
- [David] How's my girl. (groans)
- [Jaclyn] I'm all wet.
- That's funny, so am I, give me a hug.
- Dad!
- Hey pal.
Ah, you kids are getting
too heavy for this.
- [Davey] Look what we got.
- Oh, grape, my favorite stain.
- [Jaclyn] Look, there's mommy!
- [Davey] Mommy!
Mommy!
Mommy!
- Hey.
- Mommy!
We were playing in Sarah's sprinkler.
- [Davey] We got popsicles.
- Yeah?
- I'm going back.
- Me too.
- Hey there.
Thought you had the day off.
- Yeah, I did, Becky called
in sick, I took her shift.
Did you just get home?
- Can't you tell?
- You look good in grape.
- Mom?
- In the kitchen.
- Hi.
- Hi.
- [Cindi] Hi, thanks
for watching the kids.
- Well, they didn't
take much watching here.
I brought in the laundry.
- Thanks.
- I would've put Jaclyn's
sheets back on her bed,
but I know I'm not allowed.
- Ann, you're not not allowed,
it's just that Jaclyn didn't
like those blue sheets
that you wanted to put on.
You know that she only likes
her Sweet Valentine ones.
- Well, I didn't wanna
get in trouble again.
- Thanks, I'll take care of them.
- Here, this is yours.
- What is it?
- Payday, I endorsed it to you.
- Faster out the better, huh?
- It was your idea to sell us the house.
You can stay as long as
you like, you know that.
Even after we're paid up.
- Really?
- You are welcome here, Ann.
- I'm meeting some
friends at the El Dorado,
I'll be home late.
- Have a good time.
- Hey, er, remember, don't
leave the front door open
when you get in tonight.
- Have I ever done that before?
- Yes, you have.
- I am not going out to get drunk, David.
I'm not an alcoholic.
- I didn't say you were!
- [Ann] Goodnight.
(sighs)
(insects chirping)
(dog barking)
(ominous music)
(lighter flicking)
- It's my turn for the wish book.
I'm in bed!
(gentle music)
- Here you go.
- I'm going to pick out what
I'm going to get everyone.
You have to leave, I'm
picking out yours too.
- Ah, give me a kiss goodnight first.
Oh, I love you baby.
- [Jaclyn] I love you too, mommy.
- Have good dreams tonight, okay?
- Okay.
- Okay.
I love you.
- Jaclyn?
- [Jaclyn] Don't come in!
- Can I open the door?
- No.
Daddy, how long 'til Christmas?
- Christmas? About three
and a half months, why?
- Nevermind, okay, you can
open it, but just a peek.
- Can I have a kiss?
- No, you can't come in.
- Okay, goodnight.
I love you.
- I love you too, daddy.
Close the door.
- Okay.
(door closes)
(insects chirping)
(ominous music)
(dog barking)
(glass smashes)
(breathing heavily)
(door unlocks)
(door creaks lightly)
(ominous music intensifies)
(alarm beeping)
(groaning)
- [Davey] Daddy, it's morning.
(David sighs)
It's morning, daddy.
- Hey knucklehead.
Let's get something to eat, you hungry?
- [Davey] Uh-huh.
- Oh great.
- What's great?
- [David] Your grandmother went out
and left the door wide open.
- [Davey] Why's that great?
- Well, that's not great.
It's not great at all, it's not even good.
Here you go.
Good morning.
- Hey.
- Guess what was left
wide open this morning?
- Oh, I know.
- And her car's gone too.
- You know, this isn't fair.
She's supposed to babysit and
I've got my ceramics class.
- Look, you don't have
to miss another class,
we'll get a babysitter.
- I'm gonna go wake up Jaclyn.
Jaclyn.
Jaclyn?
Davey, have you seen Jaclyn?
- Uh-uh.
- [David] She's not in her room?
- No.
- [David] Maybe mom took
her out to breakfast.
Did you check for a note?
- [Cindi] Um-mm.
Jaclyn!
- Let me check the basement.
- Okay.
(phone dialing)
- Jaclyn!
Jackie?
(sighs)
- She's not at Sarah's.
Where else could she be?
(eerie music)
Her bedspread's gone.
Where would she have
gone with her bedspread?
- I'll check the neighbors.
- Is Jaclyn gone?
- Davey, you come with me.
- Jaclyn!
- Jaclyn!
- Jaclyn?
Jaclyn!
- Have you seen Jaclyn?
I'm gonna try the Dach's, maybe
she's playing with the dogs.
Jaclyn!
- Ann, did you take Jaclyn somewhere?
- No, I'm just getting home, why?
- [David] From where?
- Um, I slept over at a friend's.
- Well, that's great, that's just great.
You're bombed, the door's wide
open and I can't find Jaclyn.
- Jaclyn!
Jaclyn!
(kids laughing)
Jaclyn!
(somber music)
Jaclyn?
- Jaclyn?
Jaclyn!
- I'll look in back.
(dramatic music)
Oh my God, David.
David!
- Seems like a domestic
situation, custody thing.
There's the smudge there.
- It looks like a footprint.
- My ex-husband tried this once before.
Something just like this,
upstairs at my mother's.
His name is Peter Kinney.
- He's the girl's natural father.
- So you're the, uh, stepfather?
- No, I'm her father, I adopted
them when we got married.
Peter doesn't have any custody at all.
At least with Peter we know she's safe.
- This glass was here like this?
- No, I put it there.
- Mrs. Dowaliby?
- Yes.
- We've located your
ex-husband, he's in prison.
- Oh, thank God.
Where's Jaclyn?
- He doesn't have her,
he's in prison in Florida.
He's been there since January.
- Oh my God.
David, where is she?
(birds chirping)
(car horn honks)
(distant radio chatter)
- Here, this is pretty recent.
- Get a run of posters made.
- Hey, we'll take a
couple hundred of them,
help them get them around
in the neighborhood.
- Hey, great, thanks Gene.
- We are going to find her, Mrs. Dowaliby.
We're putting every man I've got on this.
- Chief, the FBI is here.
- If this is kidnapping, and interstate,
then it's gonna be their jurisdiction,
and they're probably gonna
wanna set up some equipment.
You know, a phone tab in
case there's a ransom demand,
that sort of thing.
- We don't have any money.
Look, I mean, what would they want?
Jaclyn is just a regular little girl.
Who would do something like this?
- That's what we're gonna find out.
Now, is there anybody, at
all, that you can think of
that could possibly have done this?
- Rob Kinney, my
ex-husband's younger brother.
- He's crazy, absolutely nuts.
- Ann!
He's, uh, mentally ill.
He lives with his parents in Harvey.
Sometimes I saw him look at Jaclyn like...
(sniffles)
- Robbie wouldn't hurt Jaclyn.
He wouldn't hurt anyone.
- We're hoping she
isn't hurt, Mrs. Kinney.
So, you were at this Louie
M's restaurant all night?
- I was there from about, um, nine o'clock
to 5:30 in the morning.
- When was the last time you saw her?
- Around a month ago, she stayed here.
- Cindi sometimes brings her over.
I'm still her grandmother, you know.
All her c ousins all moved away.
Jaclyn's the only one I've got left.
- And you haven't seen her since?
- It's okay, mom.
God'll take care of her.
- She's really a Kinney,
you know, not a Dowaliby.
No matter what the courts say.
- So this is last night
we're talking about.
You say Rob Kinney was
here the whole time?
- Yeah, from about 9:00 to,
I don't know, 5:00, 5:30.
Want some more coffee?
- No thanks, did he
take any kind of break?
Go out anywhere?
- No, he was here all night.
Some pie, or something?
- No thanks.
Look, if you remember anything
else, give me a call, okay?
(clock ticking)
(phone ringing)
- David, try not to give anything away.
If they suspect we're
here, they might hang up.
- Hello?
- [Man On Phone] May I speak
to David Dowaliby, please?
- This is David.
- [Hugh] David, this is Hugh
Gordon from Channel 8 News.
I can't tell you how sorry
we are about your situation
over there, and I was
wondering if we could come over
and interview you.
- It's not a good time right now.
- [Hugh] Can I call back?
- Yeah, you can call
back, thanks for calling.
(phone cuts off)
- The problem with the
criminal justice system
is it's all lawyers.
The judges, prosecutors, the defense.
Lawyers control everything,
and I differ with that.
To me, it's the victim
of crime that matters.
- State's Attorney, Daley,
said he was especially
proud of his achievements
in passing tough new laws
to protect the victims
of domestic violence and child abuse.
- You look good.
- [Reporter] Elsewhere
in the south suburbs,
a missing girl, Paul Hogan reports.
- In Clarkwell, police are still searching
for seven-year-old Jaclyn Dowaliby,
apparently abducted out of
her bed late last night.
They're saying it's possible
she could've been kidnapped
through this broken basement window.
Investigators, nonetheless,
are puzzled that no one
living in the house next door
reported hearing anything.
- There are a lot of
unanswered questions right now.
- With little evidence at the
scene and few leads so far,
tonight, police are at a loss to account
for Jaclyn's disappearance,
and to speculate where she might be.
This is Paul Hogan, Channel 12 News.
- Who's on this?
- Clarkwell is Jackson's
district, isn't it?
- Maybe we ought to handle this from here.
I'll call the state troopers, Al Peck,
make sure they're on this.
- Good, let's do it.
Keep me posted, okay?
I'll talk to you guys in the morning.
- Goodnight, Richard.
- Goodnight.
- What's wrong with Jackson?
Clarkwell is his territory,
he can handle it.
- There's a kid involved,
we can't have police chiefs
with unanswered questions.
- You mean it might not look
good for the department?
- I mean people out there are scared.
- [Jim] Daley's gonna run for mayor.
- This is his job, Jim,
and he's good at it.
We gotta get this right.
Yeah, give me Al Peck.
- I want Jaclyn to come back.
- So do we, honey.
She's gonna come back.
And you can help her by praying
for her while you sleep.
- I'm scared, what if
someone comes and takes me?
- They won't, don't worry.
- What if you're asleep again?
- Those policemen are here and
they're gonna be up all night
so no one can come in.
I want you to say a prayer for your sister
and get some rest, okay?
- I love you.
- Love you too.
- [David] All right, pal.
Goodnight, bucko, I love you.
See you in the morning.
I think, tomorrow, we
should talk to the press.
They can help us, they can
get her picture everywhere.
I'll call that guy, Gordon, back.
The other stations, the newspapers.
- I don't know if I could face that.
- We'll get Rose to say something,
she's good at that kind of thing.
- You know, we've...
We've never not said
goodnight to her before.
How could this have happened, David?
How could we not have woken up?
(sighs)
(people muttering)
(cameras clicking)
- [Reporter] Captain Peck, Captain!
(all talking over each other)
- Good morning.
I'm Captain Al Peck with
the Illinois State Police.
I'm heading up a taskforce of the the FBI
and the local police.
Finding Jaclyn Dowaliby is
our number one priority.
Now, this is David Dowaliby's
sister, Rose Medema.
She has a statement she'd like to make.
- David and Cindi, and the whole family,
wanted me to tell you
that we are just praying
for Jaclyn's safe return,
and we wanna thank everyone
who's out there looking for her,
and hope you'll all continue
until Jaclyn is found.
And to whoever's got her,
please, we beg you, bring her back.
- Captain Peck.
- Ms. Medema, is it true
you think it's a relative,
someone she knows?
- Um, yes, we think that
it could be a relative.
We just think that it's
odd for someone to come in
and take a child at random.
I'm sorry. (sobs)
- Captain Peck, do you have any suspects?
- Yes, we have several.
We are confident that the
perpetrator of this crime
will be brought to justice.
- All right.
- Good.
- Nothing, what do you
mean we've got nothing?
- I mean we aint got nothing.
We got no suspects, we got
no evidence, nothing, zero.
(people muttering)
- All right.
What is this, two days of
searching and not a single lead.
Folks, we have a child abductor out there,
and 30 of us in here.
And I got the state's attorney
wondering what's going on,
so I'm gonna ask you one more time.
What have we got?
No trace of this little girl.
Well then,
do we have any ideas?
- Captain, um, a number of us have noticed
that David seems kind of calm,
unusually calm given the circumstances.
And this is his original distress call.
- [David] There's been
a break-in at my house.
I live in Clarkwell.
- [Operator] What's your address, sir?
- [David] 11317 Oak Drive,
there's been a break-in
and my daughter's missing.
- See, first the break-in,
then the missing child.
This seems kind of odd to us.
- No, it's the logical order of things.
If they're convinced it's the ex-husband,
then they don't think
the daughter's in danger.
Have they cooperated in questioning?
- Yes, they've been very cooperative.
- Is that it?
- Um, no, actually, I've been
thinking about that window.
- What about it?
- When I first got to the scene,
the glass in the workroom
had already been moved,
but there were several large
pieces on the ground outside.
Now, when a window is
broken, most of the glass
usually falls with the
direction of the force.
- So what are you saying?
- Maybe it was broken from the inside.
- Does that fit with the
rest of the evidence?
- Well, there isn't really any.
I mean, there's the screen, but--
- What about the window seal?
I mean, was there dust or glass particles?
You did check, didn't you?
- Yeah, there was dust but we didn't, uh--
- How was it disturbed, in what direction?
Let me see your lift.
- It wasn't disturbed, sir.
And we were treating it
as a domestic situation,
you know, the ex-husband, so--
- The ex-husband was locked up in Florida.
You didn't make a lift.
- No, sir.
- What about photos, you got photos?
- No, sir, not of the seal,
but I remember the dust
wasn't disturbed.
- It's routine in matters like this,
for parents to take a polygraph test.
Would you guys be willing to come down
to the station for that?
- Sure.
- It won't take too long.
- Uh, can we bring Davey with us?
- If you don't mind, we'd
like to keep him here.
Ask him a few questions, get
his prints for reference.
- Sure.
(ominous music)
- Did you help, in any
way, plan the disappearance
of Jaclyn?
- [David] No.
- Do you know who caused
Jaclyn's disappearance?
- No.
- If you knew your mother was involved
in Jaclyn's disappearance,
would you tell me about it?
- Yes.
- Did you, yourself, cause
the disappearance of Jaclyn?
- No.
- [Polygrapher] Did you,
yourself, cause the disappearance
of Jaclyn?
- No.
- Do you know where Jaclyn is now?
Mrs. Dowaliby, are you all right?
- She's out there somewhere.
I'm sorry, I should be helping
trying to find her right now.
- Captain, here are the polygraphs.
Cindi was too upset to talk,
and David shows no indication
at all of deception.
- What about priors?
- Nothing at all on Cindi,
and just two minor possessions
of pot when David was a teenager.
- Here's my report, do
you want my opinion?
No one came in that window.
- Where are they now?
- We're about to take them home.
- Sir, Daley's office is
holding for you on line four.
- Keep them here.
See if they'll give us prints,
and blood and urine for drug tests.
Question them separately,
everything, from the beginning.
You tell the lab I want that
window analyzed piece by piece,
and get a full questionnaire
out to a one mile radius
of the house.
This is Peck.
- Okay, David, if you'll
step right this way,
we're gonna get some prints.
- All right, now, Cindi, if
you'll come this way with us.
- I thought that we could go home now.
- There's some things
we'd like to ask you,
it won't take too long.
- David, if you'll--
- Can't we stay together?
- We'd prefer to speak to you separately.
- What for? We've told you everything.
- It's all right, Cin, if
it'll help us find Jaclyn.
- What is this?
You think we had something
to do with this, don't you?
- We'd just like to ask
you a few questions.
Now, if you'll come this way, please.
- Look, all I want is
to help find her, okay?
We didn't do anything to
her, you gotta believe that.
- We didn't say you did,
we just wanna go through
some things.
Now, go on, the last time you saw her.
- I went to kiss her goodnight
and she wouldn't let me in.
- All right, then what?
- We went to bed, and then...
- Take your time.
- So, you went to bed, and then?
You went to bed and what happened?
- Nothing happened.
We went to bed and we made love.
Do I have to give you
the details of that too?
- And none of the
neighbors mentioned seeing
or hearing anything unusual?
- After the (chair
dragging drowns him out).
- I'm sorry, after the what?
- You mean after Jaclyn disappeared?
- Anytime.
- No, nobody heard or saw anything.
- But as day three of
the search continues,
there's still no sign of
little Jaclyn Dowaliby.
Police have not yet apprehended
any suspects in the case,
but speaking yesterday,
Jaclyn's aunt said the girl
could have been taken by a relative.
Exclusive Channel 8 sources have confirmed
that the police are indeed
investigating the Dowaliby family
including the girl's own parents.
This is Hugh Gordon--
- I meant a Kinney relative.
(door opening and closing)
- [Davey] Daddy, daddy!
- Hey pal.
- The police gave me a badge!
- Oh yeah, where is it?
- [Davey] I'll go get it.
- [Cindi] What did they ask you?
- The same questions over and over again.
- David, they've been
talking to the reporters.
That guy, Hugh Gordon.
- David, when I said a family
member, I didn't mean you.
How could they possibly think that?
- It's all right, Rose,
it's not your fault.
I guess we should've kept our mouths shut.
Thought that the press
was there to help us.
I thought the police
were there to help us.
- Maybe someone will
still see her picture.
- Yeah, maybe someone will.
Jaclyn's out there somewhere,
and everyone's just
sitting around watching TV.
The whole damn world's just watching TV.
- David, what should we be doing?
I mean, what can we do?
- I don't know, go out
looking, make phone calls?
Don't just sit here watching TV.
- David, what--
- I don't know what!
Do something, just do something!
I'm sorry, honey.
I'm sorry.
I'll go put up some of these.
- Here.
(door slams shut)
Where's dad?
- Come here.
(car engine starts)
- Excuse me, would you be
able to put some of these up
by your pump?
- Is this the little girl in Clarkwell?
- Yeah.
- If you ask me, stepfather did it.
Sure, I'll make sure they get put up.
- I just wanted to tell him
what kind of a father I am.
- You're a great father, David.
You're probably the best
father I know, I mean that.
- God, I miss her, Gene.
All I want is to have her back.
And to hear something like that.
And the cops, I mean, it's crazy.
Everyone thinks we have
something to do with this.
- Not anyone who knows you.
- Yeah, well, a lot of good that does.
I'm sorry, Gene.
I totally snapped at Cindi before.
I'm losing it here, Geno.
I just wanna know that she's safe.
- We're gonna find her, David.
We're gonna find her.
Hey, listen, now I know you don't go in
for this kind of thing, but
there's this guy I know of.
A psychic.
- A psychic?
- Yeah, I heard even
that the cops use him.
Maybe we can just see what he says.
(glass smashes)
- Can I touch the glass?
- They said they were through.
Can you stay for this?
- I'll be upstairs.
(car door creaks)
- There were two of them.
A black youth with medium skin tones,
and a thin, white male with
dingy, light brown hair
that needed to be washed.
He has light eyes, they're
blue or they're green and...
Bad teeth, and he's spacey, like he's on,
like he's on drugs or something.
He has very nervous habits.
And a tattoo on his right arm.
Its blue, and isn't very well done.
- [David] Why did he take her?
- Something to do with a child that he had
that was taken from him somehow.
- It's Rob.
They say that she's a
Kinney, not a Dowaliby.
He has the worst teeth
that you've ever seen,
he has dirty, stringy hair, he's spacey.
David, it's Rob.
- Can you help us find her?
- I see...
I see tall fields.
I see tall fields,
high like, like dry straw.
Behind this there are green trees.
And two bodies of water...
Cross over.
- Is she safe?
- [Davey] Mommy.
I can't sleep.
- Come here, honey.
- Look, David, I have to tell you,
but I don't think Cindi
is ready to hear yet.
I fear that Jaclyn is dead.
She's been strangled.
- Stop, I don't wanna hear this.
Just help us find her.
- This is where she is.
(car approaching)
(door creaks)
- Hey, what's going on, come on.
You're gonna make me late for my shift.
- It's Rob Kinney.
The psychic described him exactly,
and he's never seen Rob before.
- He has an alibi.
- It's a lie!
Look, the psychic saw that it was him.
- Mrs. Dowaliby, if we depended
on that kind of seeing, I--
- The police have used him
before and you know that.
- All right, I'll tell you
what, we'll look into it, okay?
- What do you make of it?
- Rob's alibi holds up, the
owner and two waitresses
say he was there all night.
- So, essentially, they
give us the ex-husband,
find out he's in jail, then
home in on the crazy kid brother
with an alibi.
- Yes, sir.
- And other than that,
they want us to believe
that a total stranger climbs
in through that tiny window,
leaves undisturbed dust on the seal,
walks all through the house
and nobody hears a thing.
What's up with blood and urine, any drugs?
- Both negative.
- Retest, specifically for pot and coke.
And the window?
- Lab's still working on it.
- Tell them to work faster.
What about questioning?
- There's some inconsistencies with David.
On the scene he said he
kissed Jaclyn goodnight.
And then later on he said
she wouldn't let him,
and when I asked if any neighbors had seen
or heard anything, he
responded, after the accident?
- He called it an accident?
What about Cindi?
- Cindi's not in good shape, sir.
- Bring them in again, separately.
And I have a press
conference tomorrow, folks.
People out there are scared.
Give me something to tell them.
(all muttering)
- [David] We've already
done one of these, you know?
- [Polygrapher] Uh-huh.
- For the FBI and I passed.
- For calibration, please
answer the following
questions deceptively.
Is your name David Dowaliby?
- No.
- Do you live in Clarkwell?
- No.
- Did you harm your
daughter last Friday night
or Saturday morning?
- You want me to say yes to that?
- I want you to answer deceptively.
- I won't say yes to that.
- Did you harm your
daughter last Friday night
or Saturday morning?
- I said I won't answer
that, not for calibration--
- Just answer the question deceptively.
Did you harm your
daughter last Friday night
or Saturday morning?
- Ask me something else.
- Cindi, what would you say if I told you
we think David knows something
that he's not telling us?
- What do you mean knows something?
- Look, accidents happen.
We just think maybe David
knows something about that.
A while ago, I had a
case something like this.
The couple had been
married for like 11 years--
- No, I would know if
David knew something.
- Yeah, but how well do
you really know him, Cindi?
I mean, really know him.
- Your qualified opinion,
what the hell does that mean?
Was he lying or not?
- He wasn't fully cooperative.
Here's the report, it's my
qualified opinion he's lying.
- Sir, the drug retests are in.
No pot, no coke, nothing at all.
- But he does admit to occasional usage?
- Recreational, but he says
he hasn't used in weeks.
And he did pass the first polygraph, sir.
- Well, he was probably high on something.
- I said incident, not accident.
- [Detective] You said
accident, was there an accident?
- Like what?
What, you mean hitting
her and she falls down
and smashes her head?
- Any kind of accident.
- No, there wasn't an accident.
- You said there was.
- Look, if I said there was an accident--
- What kind of accident was it?
There was an accident, wasn't there?
(ominous music)
- What do you want me to say, yes?
All right, yes, there was an accident.
Someone broke into my house
in the middle of the night
and took my daughter.
I didn't hear anything
and I didn't wake up,
and I have to live with that
for the rest of my life.
Do you have a daughter?
Do you have daughters?
Answer me! Do you?
- Yes, yes I do, but
they're all safe at home.
And where's Jaclyn?
- God does forgive some.
And if David, or you, did
something and it was an accident.
- [Pat Grisham] Janice.
- What's the matter?
- Cindi, they found Jaclyn.
- Where is she?
- David says you already know that.
- She's dead.
- No.
Oh my God, no.
- Cindi.
- [Cindi] No!
(sobbing)
- [David] What, what is
it, have you found her?
- Cindi thinks you took Jaclyn, David.
- No.
- Your whole family does.
Now, what have you done with her?
- No, you guys are just
playing head games with me.
You've been doing it all day.
- All day we've been
talking to your family.
They say you took Jaclyn too,
now what have you done
with her, where is she?
- I didn't...
(sighs heavily)
You think you've broken me, don't you?
You think I'm gonna confess but I'm not
because I didn't do anything!
- David, they've found Jaclyn.
- Is she alive?
- No, she's not.
- Was she in a field?
- Now, why would you ask that?
- If you guys are lying to me.
You're trying to get me to confess.
I guess you think I should cry now, huh?
- Just tell us what happened, David.
- If you're gonna arrest me, arrest me.
If not, take me home.
No.
Cindi.
(crying)
- What do you want?
- I just wanna ask--
- Get out!
Get out, get out of my house, all of you!
- Cindi, I swear, I didn't do this.
- I want her back, David,
I just want my little girl.
(both crying)
- Yeah, take it away.
- [Reporter] Test one, two, test one, two.
- [Reporter] It has been
four days of search--
- [Reporter] Today, the
body of little Jaclyn--
- A spokesman for State's
Attorney Richard Daley
said the crime will receive
top priority, blah, blah, blah.
- [Woman] They're bringing the body!
- Come on, the body!
- Get a shot.
- Can get a shot.
- Come on.
- Go get it, go, go go.
(cameras clicking)
- Get the body bag.
- Captain Peck, Captain
Peck, can we get a--
(talking over each other)
- [Peck] Let's don't turn this
into a feeding frenzy here.
- [Woman] Who fond the body?
- So, what have we got?
- So far, not much.
- Better make it look like we do.
Give me a bag.
Maybe we can scare them into confessing.
- [Woman] The condition of the body.
- [Peck] We'll have more
about that after the autopsy
but the body's fairly well decomposed.
- [Man] Do we have any additional suspects
other than the ones you already have?
- [Captain] Our list of
suspects is the same,
we're continuing to
follow all those leads.
- Chief Grisham, what have you found?
- All I can tell you is
it's significant evidence.
- She's not coming back ever?
- No.
From heaven, you don't come back.
- Why not?
- Because God just
wants to keep her there.
- Why?
- Well, he just does, because
he loves her like we do.
- Why can't we have her?
- I don't know why, Davey.
I don't know why.
- When I pray, I'm going to ask him.
- [Cindi] You do that, honey.
- We have to arrange for a funeral.
I'm gonna talk to the priest.
- You need to call a lawyer.
We'll arrange the funeral.
- I don't think I know any lawyers.
- I've already talked to one.
His name is Andy Linton,
he's a friend of a friend.
He'd like to meet you tomorrow.
- Okay.
- So that's everything?
- Yeah, yeah, that's about it.
- All right.
David, you're probably gonna be arrested.
Of course, I'll do everything
I can to prevent that,
but the police are under
tremendous pressure
to solve this crime.
They need someone to pin it on.
- I wanna be at Jaclyn's funeral.
- We'll try to make sure of that.
- What about me?
- It doesn't sound like they'll arrest you
but you're gonna need separate council.
- Which I can handle.
- The police will pull
out all the stops now.
I can almost guarantee
you they'll pitch you two
against each other and
try to get a confession.
- We didn't do this.
- I know that, but you've
probably talked too much already,
and under no circumstances
are you to tell them
anything more without me there.
- What about the press?
The phones have been ringing off the hook.
- Nothing to the media, if
the police don't kill you,
they will, believe me,
I've had experience.
If you haven't heard already,
and I'm sure you will,
there were charges against
me a while back, taxes.
The media made a real thing about it.
I was set up so I know how you two feel.
- $30,000 to $40,000.
- [Rose] It's what it takes now, mom.
- We can raise it.
- They need six right away.
- This doesn't feel real.
I mean, we're sitting
here talking about lawyers
and money when--
- Because we have to, Cindi.
Maybe we should look around a bit.
- I like him, I think he's good, Cin.
- Maybe we should find out
what those charges were
against him.
- My friends say it was nothing.
(phone ringing)
Hello?
Yeah, hold on.
David, it's Andy.
- Hello?
- I just got the coroners
report and I wanted to call you
right away.
They say the body had
been there for a few days,
so I'm gonna spare you the details,
but they have determined
the cause of death.
It was, erm, it was strangulation.
- I appreciate the phone call.
- Sure, bye.
- He was just checking up on
us, seeing how we're doing.
(people murmuring)
(all shouting for the Captain)
- Richard Daley has made
this case a top priority
and, yes, we are close to
a breakthrough, thank you.
- Is it true the family's
hired an attorney?
- Uh, the Dowaliby family
is no longer cooperating
with this investigation.
In fact, they're pleading
the Fifth Amendment now.
That's all.
- Captain, off the record,
Captain, does the evidence point
to the parents?
- Off the record?
- Yes.
- Sure.
- Yes it does, now, goodbye.
(all muttering)
- [Reporter] Bring me the phone right now.
- [Paul] Al.
- Yes, Hogan.
- They've really taken the Fifth?
- Well, maybe not officially,
but they're not talking to anyone.
- Are you gonna arrest them?
- You should know better,
Hogan, I can't tell you that.
- You bargaining with
them for a confession?
- No comment.
- What's the evidence you have?
- Confidentially?
What if I told you that basement window
was broken form the inside?
Confession or not, they're guilty,
and we're gonna convict them.
- [Cindi] My dear Jaclyn.
I knew when you grew up you
wanted to be a cheerleader.
You wanted to be a mother and be married.
You were a good-hearted,
sweet, loving precious angel.
You were friends with everybody
and I loved you for that.
Little Davey loved to play with
you and you taught him well.
He'll always know you in his heart.
And we'll tell him more about
you when he's old enough
to understand.
Davey looked up to you
Jaclyn, and he always will.
I wish you could come to
us and tell us you're okay,
and safe and loved.
We were so sad when we couldn't find you,
and even sadder when you left us for God.
We will be with you
again, Jaclyn, in heaven,
and we are no longer afraid to die.
I miss my little girl and I want her back.
If you can somehow give
yourself back to me in any way,
I will be at total piece in my heart.
I love you and miss you so very much,
and I'm so sorry that
this happened to you.
- Excuse me, Gene O'Connor?
I'd like to talk to you
a moment, I'm Al P--
- [Gene] Yeah, I know who you are.
- Look, uh, I want you to
know everything we know.
I think there was an accident,
and people shouldn't go to jail
for the rest of their lives
over an accident.
- No way, there's no way
he threw her in a field
like a piece of garbage.
- She wasn't thrown
like a piece of garbage.
She was tucked in, couple
of feet from a parking lot
where she could easily be found.
And I think their worst fear came to pass,
she wasn't found right away.
Listen, if you care about these people,
tell them to come and tell me the truth.
I'll do everything I can to help them.
We have conclusive evidence
they were involved.
- We had a tip there was a diary.
- Evidence, how could they
have any evidence at all?
We're innocent.
- That's what I wanted to here, Dave.
- I mean, if they had any evidence,
why would they be doing this?
- Hey, don't worry, you're innocent.
Everything's gonna be fine.
- There's absolutely nothing, sir.
No direct hair matches,
no fiber matches, nothing.
And the lab's still working on the window.
- All right, folks, clear your minds.
Are we looking in the right direction?
Are we missing something?
Do we have the right suspects here?
(phone rings)
We've got to go back to the beginning
and look at everything.
The drunk grandmother, the
first husband, his family,
canvas everyone who's--
- Captain, Chief Grisham for you.
Those questionnaires,
we got an eyewitness.
- Let me make sure I got this.
From 75 yards away, in
an unlit parking lot
on a night with no moon,
this guy sees it's Dowaliby in the car?
- He saw his nose.
- I believe the phrase was nose structure.
- Okay.
- He picked out David's
photo, and the type of car.
- And from that you want
us to arrest both of them?
- Look, this case has got
Daley's personal interest,
it's gotta be a winner.
You've got a nose witness and
a few inconsistent statements
from Cindi and David.
- And we're pretty sure
the window was broken
from the inside.
There was an undisturbed layer of dust
at what they claim was the point of entry.
- It's still circumstantial.
- Damn it, Gerry, what is this?
- Give me something
that proves they did it?
- We're tearing our guts out on this case.
We know who's responsible.
- Al, you don't have to convince me,
but I have to convince a jury.
- Then what do you want?
Just tell us what you need.
- More evidence.
(alarm buzzing)
- Cin?
Cindi?
You all right?
- I know why I've been
feeling so weird lately.
I asked Jaclyn to come back to me somehow.
And I think she has.
I'm pregnant.
Aren't you happy?
- Yes, yeah, I'm happy.
Oh my God.
Everything's gonna be all right, Cindi.
Everything's gonna be okay.
God, I love you.
- I love you too.
- The public focus groups all put crime
in the top three priorities.
Now, this is a breakdown
of high visibility cases
I think we can use in the campaign.
They should all be easy winners.
There's also a lot of
public interest in Dowaliby.
Any chance of movement?
- Harbin says it's status quo.
- Well, everyone seems
to know they did it.
People are afraid they're gonna go free
just because they did it well.
People wanna see them go to trial.
- Well, let me talk to Harbin,
see what he comes up with.
Thanks Debbie.
What about the evidence, Gerry?
- Look, we got the eyewitness,
we got the broken window,
and that's it.
- Still thin, purely circumstantial.
- Are we sure it's the parents?
- Peck and Grisham are.
- What about you?
- Well it certainly seems that way,
there's no evidence
pointing anywhere else.
- But there's still not enough to go on?
- Nah, they come in three weeks ago,
they haven't turned up a shred since.
- You know, the headline
Accused Parents Acquitted
might not look too good.
- This isn't about headlines, Jim,
this is about a community living in fear.
- I'd advise against any
proceedings right now, strongly.
- Any chance of a confession?
- Well, they haven't buckled so far.
- And we've got nothing
to make them buckle.
- All right, that's all
we got, then we go ahead.
- Richard, the
investigation's still on, why?
- Try as hard as we can
to get a confession.
If we can't, we let a
judge worry about it.
(scribbling)
(engine starts)
(radio flicking channels)
(police sirens wailing)
- They got him.
- [Dispatcher] Magic.
(radio chatter)
- [Officer] We have him, sir.
- All right, we're on, go.
(phone ringing)
- Hello?
- Hi Ron, it's Cindi.
Dave's gonna be a little
late, he just woke up.
We wanted to let you know.
- All right, thanks.
- (sighs) What's done is done.
David, if this was an accident, tell us.
It changes the complexion
of this whole case.
- I got nothing to say to you.
- David, did you know
that I carry this picture
right over my heart?
- Can I have that?
- No, no, no.
But you can have these.
This is what you did.
- Oh God!
- Take a look.
- We have an eyewitness, David.
And if we charge you with
simply concealing a homicide,
you're looking at,
what, three years, tops.
- I got nothing to say to you.
(phone ringing)
- Hello?
- Cindi, it's Ron.
- Hi.
- I just called to see if
everything's all right.
- I'm doing okay, is David all right?
- Didn't you just call
me a little bit ago?
- No.
Ron, what's the matter?
- [Ron] Cindi, call
your lawyer, right now.
(phone disconnects)
(man talking distantly)
- [Ann] What's the matter?
- Uh, yeah, hi, this is Cindi Dowaliby,
get me Terry please, quickly.
- Cindi Dowaliby, I have
a warrant for your arrest.
- Where's David?
What have you done with him?
Terry, help!
- Get away from my house,
you got her now, don't you?
- Where's Davey?
(knocking on door)
- I want my phone call,
you said that I get a call.
This isn't real, I don't believe it.
- Oh, believe it, it's real.
Here, take a look.
See, that's how Jaclyn ended up.
Here, take a look!
- Shut up!
- That real enough for you?
- I want my lawyer, I have
nothing to say to you.
- You want your call, huh?
Here, here's your call.
It's for you.
- Hello?
- Cindi, they took Davey, they took Davey!
I don't know where they went with him.
Cindi, I couldn't stop them.
- Where is my son, where is my son?
Why are you doing this to us?
We have trusted you, we have helped you,
why are you doing this?
- Talk to me!
- Stop!
- They don't beat me.
- What happened to Jaclyn
if mom got mad at her?
- Spank her.
- What happened if dad got mad?
- [Davey] I don't know.
- Can you tell me what
happened when Jaclyn died?
- God wanted her.
The man broke in and took her to heaven.
- Anyone tell you not to
talk about what happened
that night?
- No, I wanna go home.
- Jump down here.
Okay, now Davey, I want you to bend over
and touch your toes.
Davey, did anyone put
anything up inside you here?
- [Davey] No.
- The parents have been
arrested for the murder
of his sister.
They use drugs, and the
grandmother drinks a lot.
David has a bright red rose
tattoo on his right arm,
and Jaclyn once colored a cow
picture with purple tongue.
These could both be demonic symbols.
We believe that the parents are involved
with some kind of devil worshiping cult,
and engaged in ritualistic child abuse.
(door buzzes)
- [Intercom] Nurse needed in
ICU, we need a nurse in ICU.
- No, I don't get it.
- Never, you ever see your
daddy put those clothes on?
- No.
No, I'm leaving!
- What's wrong?
(somber music)
- Now, Captain, before
it was known, in fact,
that Jaclyn was dead,
when you asked David
Dowaliby if any neighbors
had seen or heard anything,
did he reply, quote,
"After the death"?
- Yes, sir.
- And when Jaclyn's body was
found, did he ask, quote,
"Was it in a field?"
- Yes, sir.
- And Captain, did an eyewitness identify,
through photographs, David Dowaliby
and his 1980 Chevy Malibu as
being where the body was found
at 2:00 a.m. on the night
Jaclyn was murdered?
- Yes, sir, he did.
(door buzzes)
- Cindi.
- What's going on?
- We found Davey.
- Where?
- Palmersfield Hospital.
He's all right.
(sighs)
- He's scared and homesick,
but he's fine, it's strategy.
They're holding him hostage
to get you to confess.
- We gotta get Cindi out of here.
I can take this but she
can't, she's pregnant,
she needs to be home.
- Listen, the grand jury has
handed down your indictments,
this is gonna go to trial for both of you.
- Can we get her out on bond?
- [Terry] We're working
on that, but listen--
- She needs to be home for Davey.
- David, it is not that simple.
- The examiner at the hospital is alleging
that Davey's been the
victim of both physical
and sexual abuse.
- What?
- They're sending him to a home.
- What do you mean a home?
- The ward of the state.
- An orphanage?
- That's not what they call them anymore.
- At a press conference today
State's Attorney Richard Daley
made his candidacy for mayor official
and called the fight against
crime a top priority.
- Something is wrong here.
And this growing crime rate
must be stopped, right now.
- Meanwhile, in the Dowaliby case,
officials are investigating allegations
that four-year-old Davey
Dowaliby has been both physically
and sexually abused by his parents.
The boy has been taken into
the custody of the state.
Today, Dowaliby defense
attorney, Andy Linton,
gave a rare comment.
- It's an outrage, they
took a little boy away,
and then they lock up
his mother and father,
while the real killer goes unpunished.
It's unbelievable!
- Isn't Linton the guy they
were gonna suspend last year?
- Year off with a
spanking for tax evasion.
- How is he in the courtroom?
- Well, I guess we're
gonna find out, aren't we?
- Whatever he sets bail at,
you'll need 10% to get out.
What can you guys come up with?
- Here she comes.
- [Terry] You can't touch her.
- What? I haven't seen her in a week.
- I thought I told you.
- No, you didn't.
I love you Cin.
We're gonna get out of here.
- I love you too.
- [Court Official] All rise.
Be seated, Honorable
Judge Needham presiding.
- 400, 500, that's almost $50,000.
We need $60,000 to get them both out.
- Have we pooled everyone?
- Everyone I can think of.
We can get Cindi out, but not David.
- Ann, it's Gene.
- In the kitchen.
- They're from Ron, the pink
slips for the company trucks.
We can take them to the bank.
Let's get them out.
(gasping and laughing)
- Dowaliby, let's go.
Come on, move.
- Cindi, you're getting out.
Andy's in with David right now.
- I wanna see Davey.
- We'll do everything we
can to make that happen,
but for right now, let's
just get you out of here.
Guard.
(cameras clicking)
(reporters shouting)
Mrs. Dowaliby would like you all to know
that she and her husband are innocent.
They're grieving over their
loss and wish to go home,
so, please, give us some room.
(all continue shouting)
- David, David!
- David!
- [Ann] Let's get you home.
- Mommy, daddy!
- Oh! (groans)
Oh my God, I've missed you, I love you.
- Are you out of jail?
- Uh-huh.
- [Davey] Can I come home now?
- Are they taking good care
of you, are you all right?
- Uh-huh.
- And what have you been eating?
- Yogurt.
- Yogurt? Wow!
Have you been saying your
prayers, and ones for Jaclyn too?
- Uh-huh, are you taking me home now?
- We can't right now, pal,
but, you know, we want you to come home
but the judge won't let us.
- Why not?
- Davey, there's some
people saying that we're not
very nice to you, that we hurt you.
- You don't hurt me, I
wanna be home for Christmas.
- Oh, hey, we're gonna try, pal.
We're gonna get you out
of here as soon as we can.
- And then everything will be all right.
- Hey, I promise you, we're
gonna get you out of here.
- Come here.
- Look, I gotta be straight with you.
You are not gonna get Davey back.
They are not gonna give him
to you until this is settled.
- This is crazy, you said
it could be months, years.
- I'm just telling you.
- Don't tell us what we can't
do, Andy, tell us what we can.
I mean, who will they give
him to, mom, Mary, Rose?
Will they give him to anyone?
- We're working on it.
(gentle somber music)
- Merry Christmas, Jaclyn.
- If I was the pilot,
I'd fly up to Jaclyn.
Can you fly to heaven?
- In your dreams you can, but not really.
- Davey, have you had a good day?
- Best Christmas I've ever had.
- I'm glad to hear that.
- Except Jaclyn isn't here.
- It's time.
- Davey, mommy and I gotta go now.
- No!
- Mrs. Brown has already
let us stay here longer
than we're supposed to, I
mean, everybody else has left.
You wanna give me a kiss?
- Don't leave me here!
- Oh, Davey.
- Davey, honey--
- No, I wanna come home!
- Davey.
- I wanna come home, no!
No, don't leave me
here, I wanna come home!
I wanna come home, don't leave me here!
- I think you better go.
- Stop it Davey, listen.
- No, I wanna come home,
don't leave me here!
I wanna come home, don't leave me here!
Don't leave me here, I wanna come home!
Don't leave me here!
- Davey, we love you.
- I wanna come home,
no, I wanna come home!
Don't leave me here, no!
(rain pouring) (thunder rumbling)
- I wanna come home, don't leave me here!
(banging on door)
Mommy, daddy!
- Oh my God, David.
I'm gonna get him.
- You can't.
- Yes I can, he is our son.
- He's theirs now, Cindi.
- Oh, so we lose our daughter
and now we lose our son.
No, I'm gonna go get him.
- How, how? You tell me, Cindi.
You tell me how to get him!
I'm doing everything I can here, Cindi.
I'm trying to keep this family together!
What do you want me to do, huh?
What do you want me to do?
- Stop it, look at us!
Look at what this is doing to us!
- [David] Oh God, I'm sorry, honey.
(ominous music)
(somber music)
(MultiCom Jingle)
(gentle music)
(door thuds)
(gentle music)
- David.
- [David] Yeah?
- Do you know where Davy's hero man is?
He wants us to bring it to him tomorrow.
- Check his dresser bottom drawer.
It's the secret snow fort,
the password's gindrick.
(gentle music)
- Gindrick.
(gentle music)
David.
Look at this.
They're Jaclyn's.
- When I was looking for
which ones to put in with her
I couldn't find them.
- He's keeping them.
I miss him David.
I miss them both I want my kids back.
- Andy thinks that child
and family services
are gonna approve of Rose to take David.
- I want him here.
(dramatic music)
- So do I.
(dramatic music)
(knocking)
- [Mother] I'll get it.
(dramatic music)
- Oh Mrs. Dowaliby?
- Yes?
- I'm John Waters with the Chicago Police.
- We don't have anything to say to you.
- Your attorney's hired
me as an investigator.
When Andy and Terry first came to me
when I was convinced of your guilt
but then I read through
the stuff they gave me
and also, I gotta be honest with you,
I've been observing you.
- Observing us?
- Watching, following.
- What right do you have?
- None really but it did
convince me of your innocence.
Oh yeah someone could
definitely fit through there.
- Tell that to the cops.
- Yeah well they say it's
unlikely someone would choose
that 'cause there are two
bigger windows back there
that were unlocked but there's
also a fence back there,
whereas here you got easy street access
and you're hidden by the bushes.
Now if I were an intruder this
is exactly what I'd choose.
In here, the evidence tech dusted the door
but nothing else in
the room, nothing else.
He never dusted the back,
patio or basement doors
or the stairway either,
or the workroom except
for that window in there.
Right here, they call this a smudge,
and it's clearly a foot print.
They also talk about an undisturbed layer
of dust on the windowsill,
it's not even mentioned
in the original reports
no lift was ever made.
The cops seriously botched this case.
- Well why are they doing this to us?
- Hey make no mistake, they
really believe you did this.
Their minds are made up
and when that happens
it's tunnel vision time.
The night before Jaclyn
disappeared about a mile from here,
someone cut the screen of another sleeping
seven year old girl and was
coming through the window
when her mother woke up
and scared the guy away.
Did you know that?
- No.
You really believe us don't you?
- Yes I do.
- Thank you.
- Well now, I'm afraid I've
taken up enough of your time
and even if I haven't I'm
afraid you'll have to excuse me,
I got chemotherapy.
The big C, colon.
I'll root for you, you root for me.
- You said it was broken from the inside.
- We believed it was.
- And it's taken you two and
a half months to figure out
it was broken from outside?
- Well it was a complicated assembly,
we made it our top priority.
- Look we go by what you guys tell us,
that what I tell to Daley
and this case isn't exactly
swimming in hard evidence.
We can't have surprises like this.
Now is there anything
else I should know about?
- So they went outside and did it.
Now look if anyone sees him at the window
it's there own house.
- Are you questioning if they did it?
- I'm questioning what a
jury is more likely to buy.
- This way makes them
look more calculating.
This works in our favor.
- Okay.
Now who's this John Waters?
- He's a detective with
Chicago PD he works on the side
as a private investigator.
Multiple commendations,
good catholic family man,
he's a regular candidate for sainthood.
- One of his specialties is burglary
and he's putting word out that someone
did come in through that window.
- Well does he know something we don't?
- Not that I know of.
- Gerry, above board on this all the way.
Strictly by the book okay?
- Of course.
(engine rumbling)
- You alright?
- This is the first time I've
been here, I'll be alright.
- Up there is where Everett
Mann, the eyewitness,
was when he says he saw you.
Terry's up there now trying
to get him to come down.
- Where'd they find her?
- Over there by that middle dumpster.
You'll be alright.
(engine rumbling)
This lens has 20 times the
resolution of the human eye
now I can see the shape
and color of the car
but I can't tell whether
he's male or female
and I sure as hell can't see his nose.
David.
- [David] Yeah?
- Pull into the spot and get out.
(engine rumbling)
Kill the lights.
This is exactly how it was on that night.
- I can't see a thing.
- Uh huh.
- Is he coming?
- No, he won't talk to us.
But listen to this, he says
there's a tape of his interview
with the cops.
(laughing)
- Good, good.
- We have an obligation, a
legal, punishable obligation
to turn over evidence to the defense.
- Gerry--
- All of the evidence!
Do you know what this makes us look like?
Why was this even made?
- It was made because--
- There is a strategic,
evidentiary reason why people
do not tape witness interviews
and if they do, then they
turn them over to us.
- Gerry--
- Why the hell wasn't
this turned over to us?
- Frankly Gerry one of
the guys in your office
told me to get rid of it.
(clicks)
- This is great, this is great!
He doesn't say he saw your
light blue Monte Carlo
he says he saw a dark mid size car,
he doesn't say he saw you,
he says he saw a nose configuration.
He doesn't even ID your picture,
he just says the nose resembles yours.
I mean there goes their eyewitness
straight out that window
they said was broken from the inside.
- So what does this mean?
- What does it mean?
It means we cream them in trail.
- Or I find who did kill Jaclyn
and we don't go to trial.
- All I can tell you is
what I told everybody else.
Robbie Kinney was here.
- Do you keep a schedule here or anything?
Time sheets?
- Not for Robbie he just helps
me out now and then you know,
he cleans up, he does errands.
That night he was here all night.
Ask them they'll tell ya.
- What's that?
- Robbie, where he was the
night his niece was taken.
- Um, he was here.
- And you were both here?
You saw him here all night?
- Yeah.
- Oh.
Do you remember if Rob (cries out).
- Oh my God are you alright mister?
(crying out)
Oh here I'll get you a glass of water.
- Thank you, I've got a bad stomach.
- You better get that checked.
(laughing)
- Yeah I gotta get it checked.
I'll do that.
Do you, do you remember if Rob
left or anything that night?
- Um, look, Robbie was kind
of like a fixture around here
you know?
You might not know if he left for a while.
- So then he could have left?
- Are you okay?
- Yeah, you recall anybody
else who might have been here
that night, who could be helpful?
- Um, no, not that I can think of.
- Well thank you for your help
and the water.
(clicking)
- It just isn't here.
- Look, maybe if we--
- David you can read all
this as well as I can.
We're tapped out, everyone is.
The money just isn't there.
- Andy says the state's
purposely dragging out these
extra hearings about Davy.
- We've gotta sell the house.
- No.
- Then maybe it would be
better to work on getting
Davy back when your case is over.
Andy says it'll be a lot
easier when you're cleared.
- I'm not leaving my son in an orphanage.
- And I'm not leaving my son in jail
for the rest of his life.
- We're not selling this house.
We'll work it out.
- How?
Are you gonna rob a bank?
Win the lottery?
- Don't mention this to Cin.
- Don't mention what to Cin?
(dramatic music)
(engine rumbling)
- Hi.
- You alright?
- I'm better than alright, I'm great.
They're giving Davy to Rose.
- Yes!
- How much do we get to see him?
- You'll get him 12 hours a week.
- That's it?
- You're lucky to get that much.
- How's everything else?
- I'm on to some leads.
- I mean with you?
- Oh no, I'm alright
but as a matter of fact
I've got an appointment
with Madame Currie.
Are you guys okay?
- Yeah.
- Huh?
- Yeah we're good.
- [John] You better be.
- [All] Surprise!
(clapping)
- Hey Davy would you like
to see your new room?
- [Davy] Are you staying here too?
- No honey we can't.
- Why not?
- Well it's stupid but the
judge will only let us see you
12 hours a week.
- You mean I go home for 12 hours?
- No not exactly, we're not
allowed to be alone with you.
- When can I live at home?
- Well mommy and I have
been meaning to talk to you
about that, we don't
have our house anymore
someone else lives there now.
But grandma's got a nice new apartment
and that's where mommy and I are living.
- Where's my stuff?
My snow fort?
My special toys.
- Everything's in your new room,
your dressers here too.
Now why don't you got with Matt and Johnny
and let them show you okay?
Go on.
- No I don't agree, I
think if people are upset
maybe we should issue
some kind of a statement.
- Let child and family
services make a statement.
The visitation rights were their decision
we've got nothing to do with it.
- What's happening with the baby?
- Well they petitioned for the grandmother
to get custody.
- David's mother?
- No Cindi's mom.
Apparently she checks out fine.
She meets all the qualifications,
she moved to the city
a month ago to establish her residence.
- Well are they going to approve her?
- Looks that way.
- Alright well let's do our homework
and get all the facts straight.
And let's find out what's
happening with the baby.
Morning.
May I answer some questions
for you this morning?
- She looks just like you did Cindi.
- Carly Marie?
Hey Nurse Susan, her name's Carly Marie.
- Oh that's beautiful.
- Marie was Jaclyn's middle name.
- I have to take her now.
- [Davy] Where?
- To the nursery with the others
but tell you what give me a big kiss
and I'll bring her back this afternoon.
- I've gotta get to the jail.
I wanted to tell you earlier
but you were in labor.
They've caught the guy
from the other break in.
Unfortunately his fingerprints
don't match the unidentified
one found on your window,
actually that was Davy's.
Now that doesn't mean it wasn't this guy
and believe me I'm gonna
rake him over the coals.
- But we're still going to trial.
- For now, I'll keep you posted.
- He's my favorite
police man in the world.
- Ours too pal.
- Cindi, David.
- What's the matter?
- We just got a call from
child and family services,
they're coming to take the baby.
- No.
- Cin.
(dramatic music)
Cin.
(bangs)
- Where's my baby?
(bangs)
Give me my baby please!
Please give me my baby, please.
(cries out)
(thuds)
(dramatic music)
It's gonna be alright Carly, mama's here.
- David, Cindi.
- He's not taking her.
- This is Nick Ocner of
child and family services.
- He's not taking her.
- Guys we've worked out a deal.
- We had a deal.
My mother moved back into town to--
- [Nick] Cindi--
- He's not here to take her Cindi,
your mother can still have custody
and you guys get eight
hours a week supervised.
You just can't be alone with her.
- Eight hours a week?
Can't be alone?
My God look at her she needs me!
- We're going to appeal
but for now this is as
good as it's gonna get.
- I wanna see Davy
before he goes to school.
- You look exhausted.
Why don't you lie down here for a while?
You can go see Davy later.
- Because I only have two hours
left this week that's why.
- Cindi no one will know?
- Yes they will mom.
They are watching everything that we do.
It's a court order I am
not gonna risk losing her.
Here I'll be back later this afternoon.
- Alright.
Cindi.
- What?
- I don't know if I could
put up with all you have.
You're a good mom, I'm proud of you.
- Thanks.
(dramatic music)
(door thuds)
Hello?
- Hey mom daddy's here too,
he's gonna read me
treasure island tonight.
He's on the phone right now.
- Oh that sounds great huh?
- Uh huh.
- Cin, that was Andy they're
gonna let us live at your mom's
with Carly, we can't be alone with her
but we got her 24 hours
a day, seven days a week.
- Are you serious?
- Yes.
- When will I be able
to live with you guys?
- Soon pal, really soon.
- [Reporter] Maintaining
their code of silence,
David and Cindi Dowaliby
came into court this morning.
- [Reporter] Prosecutors
began their case today
by telling the jury that the
Dowaliby's murdered Jaclyn...
- All rise.
Be seated.
- Now Mrs. Kinney your son Robbie
he works at Louie's Restaurant
in Harvey is that correct?
- Louie M's Restaurant.
- Louie M's Restaurant I'm sorry.
- Sometimes Robbie works there
and sometimes he just went there.
- Oh I see.
And when he was there, is it
true that from time to time
he would go and pick up a
waitress named Joanie Harris?
- Objection your honor, hearsay.
- Sustained.
- I'm sorry Mrs. Kinney let me start over.
Did there come a time when you, yourself,
told your son Rob not to
go to pick up Joanie Harris
at the Islander apartments where she live?
- Yes.
- And Jaclyn's body was found
about a building away from
where Rob picked up Joanie
Harris is that correct?
- Objection.
- The previous objection was sustained.
That's hearsay.
The jury is instructed to
disregard that last question.
- Your witness.
- Mrs. Kinney at any time
did your son Rob know
where your granddaughter
Jaclyn was living?
- No.
- That isn't true.
He's come with her to
pick Jaclyn up before.
- Did he even know what
Jaclyn's new last name was?
- Objection to what Rob knew it's hearsay.
- I want a sidebar with
all the lawyers right now.
- Your honor Rob Kinney
is a possible suspect.
- That's news to me.
And if that's part of your defense
and you're trying to bring in testimony--
- It raises reasonable doubt.
I'm sorry to interrupt you--
- Andy if you don't keep
your mouth shut I'm gonna
ban you from these conferences.
- I accept your rebuke.
- Now you guys raised Rob Kinney,
you opened the door, you
live with the consequences.
Objection overruled.
- So what do we do?
Get a new lawyer?
Can we do that?
- Well you can but it might
not be in your best interest
besides delaying the trial,
it could send the wrong
message to the jury.
Look, Andy's nervous you're
the biggest case he's ever had.
- He's given himself an ulcer over it.
- He'll find his stride.
Besides, the state has
to bring in hard evidence
against you, they don't have it.
You didn't do it and
you'll be found not guilty.
- You don't know that.
- The state can't prove a lie.
- You sure about that?
(dramatic music)
- [Reporter] Today in court
Everett Mann, who lives at
the Islander apartment complex
where Jaclyn's body was found
said that on the night of Jaclyn's murder
he saw David Dowaliby.
(chattering)
- [Reporter] The prosecutions
case has so far been loaded
with circumstantial evidence
and weak on physical evidence,
prosecutors have not even
hinted at a possible motive.
- [Reporter] On the stand today
forensics expert Rolf Meyer
testified that the
basement window was broken
from the outside.
- [Reporter] Prosecutors
theorize the Dowaliby's
broke the glass from outside
to make it look as though
an intruder took Jaclyn.
- [Reporter] Illinois state
police captain Allen Peg said
that when police told
David Jaclyn was dead
David asked if her body
had been found in a field.
- Mr. and Mrs. Dowaliby are confident
they'll be acquitted of all charges.
They ask that anyone who may know
who did kill Jaclyn please come forward.
- [Reporter] In court tomorrow
the Dowaliby's are expected
to be excused when
prosecutors show jurors photos
of the deceased child.
I'm Kristie Carter reporting
live from the courthouse.
(dramatic music)
(clicks)
(gasping)
- Now doctor could you
describe this lower area
to the jury please.
- Yes, note the thousands of
maggots in the groin area.
Now this is the remnants
of the groin area,
and all this is dead, necrotic tissue,
as well as the surrounding area.
- This isn't evidence.
- It showed the time of death.
- For God sakes where's your soul man,
they already testified to that.
Have you seen any evidence in this case?
- Nothing remarkable here,
some nail polish evident right here.
- Peck told me that that window
was broken from the inside,
their star witness was
supposed to be a bombshell.
- What are you complaining about?
This is the story of a lifetime.
It's got it all, family,
betrayal, violence.
You see yesterday's rating?
The district manager
called me herself about
my nose witness story.
She said the next time
they need a weekend anchor
I'm at the top--
- Excuse me have you been
to that apartment complex
at night?
- Come on, the guy saw what he saw.
It's our job to report that.
- It's the black hole of Calcutta.
You couldn't see an
elephant driving that car.
- Right here.
Naturally you remember the body was moved.
- Now could we go back
to that first slide again
please doctor?
- David, I'm Paul Hogan, channel 12 news.
- Ya I know.
- Don't worry I'm not cornering you.
- [Man] We won't talk.
- I don't blame you,
just for the record you
were really being screwed.
- Hey ya think so?
Do you mean by you guys or Harbin?
You think we're bring screwed report it,
you're a reporter isn't that
what you're supposed to do?
Or would it hurt ratings too much?
I don't want your pity.
- It was a calculated dramatic
end to the prosecutions case
and yet another day of strictly
circumstantial evidence.
If the state intended to shock
the jury with this tactic
they succeeded giving
jurors the weekend to ponder
some very vivid and perhaps
inflammatory images.
- She has Jaclyn's eyes doesn't she?
- Yeah.
- You know I told Davy that
tomorrow we could spend
the whole afternoon with him.
I asked him what he
wanted to do and he said
I don't know, maybe just stay home.
He calls Rose's home now.
- Hey we'll get him back
Cin when this is all over.
- What do you thinks gonna happen?
- Well they haven't presented
any real evidence yet.
- I'm scared David.
- I think Andy's been
doing a lot better lately.
Hey every thing's gonna be okay.
Next week we'll present all our evidence
and then we'll just get up there ourselves
and tell them the truth.
- So what are saying,
that we shouldn't testify?
- Look we don't believe the
states proven it's case.
- But if we don't testify
won't it seem like we're hiding something?
- That's a risk but all we have to do here
is establish reasonable doubt,
we think we've already done that.
And in a way you do
have something to hide.
- Like what?
- Your two pot convictions.
- I was 17 years old.
- It doesn't matter,
you've admitted that you
still use sometimes and
they'll bring that in.
It'll effect your
credibility with the jury.
Right now we feel we're
in pretty good shape.
- Look, I really think
that we should testify.
- We're gonna bring witness after witness,
to impeach what they've brought.
Look we've got the window
guy, the forensics guy.
- Our daughter was murdered.
A jury should know what
we have been through,
what it's done to us.
They should hear the truth from us.
- You wanna go on, we'll put you on
but they are just waiting
to tear you apart David.
- John, what do you think we should do?
- I think you can get hurt either way.
It's a difficult call.
Ultimately, you're the
ones who have to decide.
You.
- And did you tell David
where you felt Jaclyn would be found?
- Yes I did.
I told him in weeds and grass in a field.
- Thank you.
- Witness is excused.
- Alright Mr. Litton, Mr. Summers
do you wish to call further witnesses?
- Your honor, ladies and gentlemen,
David Dowaliby rests his case.
- Your honor, ladies and gentlemen.
Cynthia Dowaliby rests her case.
(whispering)
(gavel bangs)
- [Judge] Alright then state?
- We have nothing further.
- Then that is the end of evidence.
The jury is in recess.
I've had under consideration
the defense motions
for directed equitals of both defendants.
It is my position that in
the case of Cynthia Dowaliby
there is insufficient
evidence to go to the jury.
Cynthia Dowaliby's case is discharged
and she is released from the court room.
- [Man] Yes!
- Yes!
(upbeat music)
(cheering)
- Please.
(gavel bangs)
It is also my position that
there is sufficient evidence
in David Dowaliby's
case to go to the jury.
(chattering)
(gavel bangs0
Closing arguments begin in 15 minutes.
Courts recessed.
- [Man] All rise.
- How could this be?
- Don't worry, we're gonna get me off too.
Now you go get Davy
and you bring him home.
- Whoa, whoa guys, you
don't get Davy back now.
You're free of the murder
charges not the child abuse,
that's a whole separate case.
- What do we have to do?
- Right now let's just wait for the jury.
(suspenseful music)
- Unreal.
Prosecutors believe that
while David drove off
to dump Jaclyn's body at
the Islander apartments
Cindi stayed home and
washed the bed sheets
in which they'd murdered
Jaclyn by tying her down and...
Oh my God.
- Isn't it time for us to
fight back, say something?
I mean she's bee acquitted.
- Let's get David acquitted too
and then we can come out
with our guns blazing.
- You're gonna get off you know.
You have to.
- The jury's been in there three days Cin.
- Just imagine what
it'll be like out there
without all this.
All we'll have to worry about
is paying everybody back.
- No first we're gonna go away somewhere.
Where there's a lake and
we can take Davy fishing.
- Fresh trout, camping.
Making love under the stars.
- Well everybody, they've
reached a verdict.
- I love you.
- I love you.
- You ready?
- Alright, let's do it.
(suspenseful music)
- We the jury find the
defendant, David Dowaliby,
guilty of first degree murder.
We the jury find the
defendant, David Dowaliby,
guilty of concealment
of a homicidal death.
- [Ann] Please no, please no!
- How could you do this?
(dramatic music)
- Mommy, mommy, the news
must have said he didn't win.
- Oh baby.
- Is he back in jail?
- Your daddy loves you very much.
- When is he coming home?
- I don't know, I don't know Davy.
- Don't be sad mommy,
everything's going to be okay.
- Come here.
(gentle music)
Do you believe in God John?
- Yes I do.
- So how can he do this?
- I don't know that God's
ways are for us to understand.
I do know that he doesn't give
us tests that we can't pass.
I know the feeling of
not being able to go on.
I certainly would like
life without my cancer.
But I either have to choose to
live with it or stop living.
- I don't know how to live with it.
- I'm looking into some old leads.
I wanna find Jaclyn's
killer and get David out.
- We made a mistake not
talking to the media didn't we?
You know I mean we should
have told our story.
We should have told everyone the truth
it doesn't matter what they
would have done with it.
But we listened to Andy and Terry.
- I think I have to take some of
the responsibility for that.
- And now it's too late.
- It's never too late Cindi.
Come on.
Two years ago my doctors
gave me a few months to live.
And here I am aren't I?
- So what can I do now?
- I think I know someone
you could talk to.
David Protess, he's a professor
at the school of journalism.
- It's hot.
- [Cindi] Thanks.
- Campus coffee.
I think that's right.
So have you seen David yet?
- I've talked to him but they say that
I can't see him for
another couple of weeks.
- How is he?
- He's numb like I am.
Mr. Protess--
- Dave.
- This trial wasn't just
in the courtroom was it?
- No it wasn't.
- You know when ever
we talked to the media
they just twisted around
everything that we said.
That's why our lawyers told us to stop.
- Was there anyone that
you felt was fair to you?
- Ya, this guy on channel 12.
- Hogan, Paul Hogan.
- Yeah.
- I've worked with him.
- So what can we do now?
- If you think the media killed the truth
then they can resurrect it again.
- And get David out and my kids back?
- You still have an appeal.
- And you can help us?
- Maybe, but first I wanna know the truth.
The whole truth, from you.
- I'd have to talk to David.
- If I can give you some free advice.
If you don't have 100 percent
confidence in your lawyers
then get a new one.
If you're interested I can give you
some good appeals people.
- Do you believe we're innocent?
- I'm not sure.
Let me get up to speed on the case.
If this were a credit
check they'd be triple A.
I've talked to the friends,
I've talked to the neighbors,
you know that Cindi
babysat for half the street
after she was accused of murder.
You were there, did anything
come out at the trial?
- No, the states case
was as weak as it looked.
- What's all this?
- Oh, I've been trying
to figure it all out,
put it all together from the beginning.
- Well let me help ya.
This is what I think happened.
- What's that?
- That's the day they were accused.
Flip it open.
They had to solve this case
and the timing was perfect.
- Wow.
(suspenseful music)
- I haven't seen Robert
Kinney in a long time.
- When you did see him was it here?
- No, look I already told
everything I know alright?
- You told some investigators
Robbie picked you up here
and dropped you off here from work.
- Yeah.
Well they got that wrong.
- Miss Harris a little girl's body
was found right beside that--
- You think I don't know that?
Look I quit Louie M's restaurant
a month before that happened.
- That's not what your manager says.
- What do you want mister?
- Did Robbie Kinney pick you up here
and drop you off here around
the time of the murder?
- Maybe I got my dates mixed up.
- Oh.
- I gotta get to work.
(buzzing)
- [Cindi] I wanna talk to them David.
I trust them they wanna help.
- Yeah help mess up my sentencing.
You don't think the states
gonna come back with more lies?
- Protess knows a good appeal attorney.
He's from a big downtown firm.
His name's Bob Bihman, he can help.
- Yeah everyone wants to help.
You know who has appeal attorneys in here,
you know who go around talking
about their appeal lawyers?
The lifers.
They live off these guys,
it's their bread and butter.
- He'll take his pro bono David, for free.
We can get the kids
back, be a family again.
- You wanna get the kids back Cindi?
You wanna be a family again?
- Yes.
- Leave me.
- What?
- You heard me you're married
to a convicted murderer,
they're not gonna give you custody.
- David--
- That's what I want, leave
me, take the kids and go.
Get on with your life.
Get on with your life Cindi.
(phone clatters)
(somber music)
(buzzes)
- Hey Dowaliby, I thought
you might wanna see this.
- Cindi.
- This is incredible, this is terrific.
- Have a seat.
Our phones, been ringing off the hook.
- You told us not to speak.
You told us not to speak to anyone.
- We did what we thought
was best at the time.
- Well it wasn't.
People thought we weren't
talking because we were guilty.
The jury thought that we weren't talking
because we were guilty.
- Hey who got you off here?
- My husband is in jail.
Now we paid you over $55,000
and now you send me a
bill for $53,000 more?
- Cindi please, sit down.
Look money's one of the things
we wanna talk to you about.
With a case like yours, a story like this.
- No my case is over.
And so is yours.
(door bangs)
- Great.
- I can't believe the response.
Protess says that people
were calling in their support
and some leads too.
Protess and Hogan are looking into them
and they think that we might be able to
get the state to drop the abuse charges.
- Public opinion can sway this for ya.
I want David to talk to them too.
- Ya I'd like David to talk to me.
- I'll go out there to
see him this weekend,
the doc says I can be
out of here by Friday.
Alright, come on don't worry, I'm fine.
They have me filled with
so many pain killers
I can't feel anything now.
I'm gonna get your killer for you Cindi.
I am.
(engine rumbling)
- Cindi.
- What's the matter?
What is it?
- Someone called the
station, an anonymous tip
they said that they were sending over
something I should see.
- [Dave] It's Davy's medical records
from Palmers Field hospital.
- [Paul] Scars, cuts,
bruises, you name it.
- This isn't true.
I've never hit my son
and we've never hit him.
- I think the caller was a cop,
they want you to know
who you're playing with.
If they can't get you for
Jaclyn, they will for Davy.
- You said that they would
do this, strike back.
So you're gonna put this on the news?
- We're not, they're
juvenile medical records.
- But if he got them that
means everyone else did.
- [Paul] And some one will go with this.
- While Cindi Dowaliby has
been actively seeking custody
of her children, this medical
chart shows 17 suspected abuse
marks found on Davy
upon his admission to
Palmers Field hospital,
the diagnosis by Dr. Sharon Archer,
physical abuse and possible
sexual abuse by Cindi.
- I don't get it.
- Davy listen to me.
You're gonna hear people
say things, bad things.
Now these men are friends,
I want you to tell them the truth.
I want you to tell them if
we ever hurt you or Jaclyn.
- They don't hurt us we get time out.
- Davy anything you can
think of, anything tell them.
- Once I yelled and my dad
grabbed me real hard by the arm
but he didn't mean to.
- We're not the ones you have to convince.
- Those pictures don't even look like me.
They don't look like anybody.
- Davy didn't you tell me that
they took real pictures of you?
- Real pictures, photos with a camera?
- Ya lots.
But they weren't doctors,
they were police men.
- The photographs were
taken by the Chicago police
without Dr. Archers knowledge.
Davy Dowaliby was not abused.
- How do you explain these in
the light of doctor prepared
records detailing bruises,
wounds, lacerations?
- The photographs speak for themselves.
Anything else was
influenced by what official
wanted Palmers Field hospital to believe.
- If you're gonna try us again Mr. Gordon
then this time get the evidence straight.
- The photographs show that
the wounds in Dr. Archers
drawings either did not exist at all
or were greatly exaggerated.
Little Davy Dowaliby had
nothing more than just
the normal marks that kids get.
- This is the kinda trial outside court
we've put up with from the beginning.
It's the worst nightmare
parents can be put through.
- Hey Dowabaly, you got a visitor.
TV star, kinda looks like you.
(gentle music)
- Davy!
- Hi dad.
- I miss you pal.
- You're skinny.
- Yeah well the foods
not so good here Davy.
- Wanna talk to dad?
- I'm getting on with my life.
- I love you Cin.
- We're gonna get you out of here.
Aren't we Davy?
- Yeah.
- And we're gonna get
the kids back with us.
David I fired Andy and Terry.
- Andy told me, he came by.
He promised he'd bring someone
else to the hearing with him.
- He isn't doing the hearing.
- He said he already made a
motion to over turn the verdict.
- You told him you'd use him?
David he is using us.
Just like everyone else,
can't you see that?
This isn't for you, it's for him,
this is the biggest case of his life.
- But this woman he's bringing,
she's a specialist, he thinks
we got a really good shot.
I'm wanna stick with him.
- And I want you out of here.
I don't understand,
why are you doing this?
Do you wanna stay in here
of the rest of your life
because you didn't wake up that night?
I didn't wake up either David.
And somehow we've gotta find
a way to live with that.
Live not die away in prison.
David please at least
talk to Protess and Hogan.
- Look Andy doesn't think that I should--
- David.
Please.
(dramatic music)
- This used to be the last stop.
My luck this is where they
put the chair right here.
- Don't worry they've taken the wires off.
- Alright there's some
ground rules I wanna set.
- No, no ground rules.
There's nothing I don't wanna answer.
- Great.
- I could be here in jail
for the rest of my life
and that's very hard for me to accept.
But that's not the worst thing
that ever happened to me.
What happened to my
daughter was the worst.
The only thing I did
wrong was I didn't wake up
and save my daughter.
She would have expected me to be her hero.
(sobs)
I'm sorry.
I wish to God I woke up
that night but I didn't.
I'm guilty of that.
If that's why I was
here I could accept it.
(somber music)
- Charlotte.
- Cindi.
- Where's John?
Is he up?
- He went this morning,
about two hours ago.
- Charlotte I'm sorry.
- We'd said our goodbyes.
Last night he said he was
sorry he couldn't help you.
But at least he'd know who the killer was.
He said he was gonna meet
Jaclyn and she would tell him.
(somber music)
- Oh, what happened to you?
- I got a call first thing this morning
to come to a meeting right?
Hi Cindi.
- Hi.
- The big guys are not to please
with my Dowaliby coverage,
they've been getting
some negative feed back.
- Just like my meeting with the Dean.
He doesn't like my
involvement in the case.
He's upset with the
disturbance it's causing.
It seems you TV guys have
been parking in his spot.
- Are you surprised?
- No.
Why don't you have a word with Charlotte
and we'll go poll the jury?
- Bye.
- We'll call you later.
- Okay.
- This is the last one.
(knocking)
Mrs. Nassen?
- Yes.
- Hi I'm David Protess,
I sent you a letter.
This is Paul Hogan.
- I really don't have anything to say.
- Mrs. Nassen, did you
read any of my articles
in the Daily Sentinel
or watch any of the channel 12 coverage?
- Yes I have.
- Are you aware that the
defense has filed motions
to overturn the verdict?
- I think Judge Needham
is a really fair man,
let's see what he does.
Goodbye.
(door thuds)
- The motion for acquittal is denied
as is the motion for a new trial.
Mr. Litton, Miss Steamfrank
you argued your motions
superbly but Mr. Dowaliby
opted for a jury trial
and I do not think it
would be appropriate now
for me to rethink what they decided.
Mr. Dowaliby do you wish to
say anything before sentencing?
- Your honor, the only
thing I can tell you that,
that my lawyers haven't is who Jaclyn was.
They didn't know her.
Jaclyn was beautiful,
she was warm and pure
and she had the right to live.
I did not kill my daughter your honor,
I loved her and I will love her always.
And that's the truth.
- Okay you can return to your counsel.
(dramatic music)
David Dowaliby for the
concealment of Jaclyn Dowaliby's
homicidal death you are
sentenced to five years
in the Illinois department of correction.
(dramatic music)
And for the murder of Jaclyn
Dowaliby, 40 years consecutive.
You have 30 days to appeal, no bail.
(gavel bangs)
(crying)
(dramatic music)
- Mr. Protess.
- Mrs. Nassen?
Are you alright?
Listen, do you wanna come up?
- I haven't slept a night since the trial.
He didn't do it did he?
- I don't think so.
- Oh God.
- What happened in that jury room?
- Amanda, that long haired
one and her little gang,
I just didn't stand up to 'em.
And there were others
who weren't sure either
but if you said anything
they just shouted you down.
When they read that
verdict and said guilty
I almost passed out, I don't
know why I didn't, you know,
jump up and yell no, no!
I guess I, I just didn't have the guts.
I'm gonna be dead by the
time he gets outta jail.
I could have cost him his trial.
He would have had another jury,
now he doesn't even have a chance.
- Maybe he does.
- I don't believe this
man murdered his daughter.
- Experts call the recantation unusual
but say that that would
not be enough to overturn
the verdict, that however
is exactly what juror
Susan Nassen would like to have happen.
- I have to live with this thing forever,
I don't know if I'm
ever gonna sleep again.
(phone ringing)
- This is exactly what
we've been looking for.
- Hello?
- It's Hogan, he says the
station phones are ringing
off the hook.
- Yes!
- David call Bob Bihman.
Now is the time to change lawyers.
- Andy and Ellen are trying
to get me out on bond.
- Protess says the
states attorney's office
is taking a lot of heat.
People are talking, rethinking things.
What we're doing is working
we can't take any chances.
- And we're not, Ellen
thinks the appeals--
- You got 45 years.
- The judge said she argued superbly,
no one would have changed his mind.
- David we're flat broke,
Bihman will do this for free.
- Why?
What's in it for him?
- He never gets cases like this.
- That's what you said about Andy.
- I mean where his
client is truly innocent.
David please.
(bangs)
- I got all of John Waters stuff,
I'm gonna start going through it.
- I'll see that, I'll raise you one.
- [Dave] What's this?
- Grand jury transcripts,
you're gonna love what Peck
and Harbin told them.
- What are you talking about?
- Where do I start?
Look at this, I told them Everett Mann
positively ID'd David,
I told him before Jaclyn was found
David called her disappearance her death,
the police report said he said accident,
David said he said incident.
- It's unbelievable.
- They told the grand jury
two witnesses saw David's car
at the Islander apartments
at exactly the same time
he was being interrogated
at the police station.
- That's great.
- At exactly the same time
David was being interrogated
at the police station, Cindi was home
and the FBI said the car was with her.
Captain Peck also told the FBI
that David's polygraph test
showed no indication of deception
because David was probably on drugs.
But police blood and urine
tests taken the same day
showed no drugs in David's system.
The grand jury wanted to
exercise their right to speak
personally with the Dowaliby's
but Peck and Harbin steered
them away from that idea.
The conclusion is inescapable,
under pressure to place
the blame somewhere
to get the indictments
against the Dowaliby's
the prosecutors used evidence
that later proved false
or just never materialized at the trial.
This is Paul Hogan, channel 12 news.
(phone ringing)
- Hello.
Cindi it's David.
- Hi, I tried to call you earlier
but they wouldn't let me talk to you.
Listen Bob Bihman wants
a meeting with him okay?
- We don't need him Cin we did it.
The appeals court's
letting me out on bond.
Come and get me.
I'm coming home.
- Oh my God.
Davy daddy's coming home.
- Yay, yay, daddy's coming home!
Daddy's coming home!
- Say hi.
- Hi daddy!
(gentle music)
(phone clatters)
(gentle music)
- Now are we your lawyers or what?
- You're my lawyers.
- What's going on?
- They're not letting him out.
- What?
- The state fought back.
They appealed to the supreme court.
They reversed the bond order.
They didn't give a reason.
(somber music)
- They're here!
They're here!
Where's daddy?
- They're not letting him come home Davy.
- You said he was coming.
You promised.
- I'm sorry.
- No, no you promised, you
promised, you promised me.
- [Cindi] Shh, I know.
- [Davy] You promised me.
(somber music)
(buzzing)
- I'm Bob Bihman.
How do you do?
- Alright.
- If you'd like me to represent you David
it would be my honor.
- You think you coulda
got me less than 45 years?
- I think if we'd been on
the case from the beginning
you wouldn't be here at all.
You're innocent.
- And you think you can get me outta here?
- Appeals take a long time.
It might be a year, maybe more.
The first thing I'd like
to do is get you moved
to a better hotel.
- You mean some place I
could hold my wife and kids?
- That's the main idea.
- [Davy] Daddy! Daddy!
- Davy!
How you doing pal?
God you feel so good.
- You too.
- Hi honey.
- Hi David.
- Look at her, she's so big.
- Oh yeah.
- Aunt Mary Ann.
- Hey honey this is your daddy.
This is your daddy.
- Hi, hi Carly.
Hi.
- [Davy] She's almost walking
- Mmm you smell so good
just like a little baby.
- [Davy] She is a little baby.
(crying)
- What? What?
Honey I'm your daddy.
- She just needs to get
used to you, it's okay.
It's okay.
Goodnight Davy I love you.
(door thuds)
- Alright, Cindi here's where we are.
Rose.
- We've given the hotline
number to just about
every local station so hopefully
we'll get some new leads.
- Dave.
- I'm coming.
I'm still following up on Rob Kinney.
He was John Waters prime
suspect, so far nothing new.
- Bob.
- This is the brief.
We file with appellate court,
we're not seeking a new trial
we're seeking out right exoneration
based on insufficiency of the evidence.
We also asked them to
nullify the indictment
because it was obtained
through false testimony
given to the grand jury.
- When will we know?
- Well that depends on
what their schedules like.
But family courts given us next Thursday
for your custody hearing.
- Yeah now everybody spread
the word on that one okay?
We're gonna be there for you Cin.
- Excuse me.
(crying)
- Ann what's the matter?
- She may not have been my
own flesh and blood Cindy
but I loved her.
And if I hadn't been out
getting smashed that night
and if I'd been down in
the basement sleeping...
- Ann you can't take the blame.
- I want you to know that I like you.
I like you a lot.
I know it's been difficult
for me to show you
but I always have.
Thank you for what
you're doing for my son.
(gentle music)
- Mr. Harbin, Mr. Harbin
can we get a statement?
Just, just something, what do
you think of the 1-800 number?
- What's Cindi gonna do,
call it herself and confess?
(laughing)
- Kate.
There's some guys been around asking
about the night Jaclyn disappeared.
I was here that night remember?
- I don't remember.
- You're gonna have to remember.
- Get away from me.
- Your honor Davy Dowaliby was physically
and sexually abused by his mother
and we ask that you not
return his custody to her.
- You honor the state
has failed to produce
any evidence of child abuse what so ever.
Davey Dowaliby is just a normal little boy
who wants his father back
and who has not been allowed
to be alone with his mother
since the death of his
sister three years ago.
Carly has never been
alone with her mother.
It is time to reunite this family,
these children should not
have to wait another day.
- Cynthia Dowaliby is capable
of uncontrolled violence
and rage and--
- This is a preposterous
personal vendetta.
- I couldn't agree with you more.
I've heard more than a score of witnesses
and there is no credible
evidence of abuse.
I find that Cynthia
Dowabliby is a fit, willing,
and capable parent granting
custody to Mrs. Dowaliby
is in the best interest of her children
and it is so ordered.
- Your honor the people of Illinois--
- The people of Illinois direct
you to sit down Miss Ross.
- Your honor, may the Dowaliby's
be permitted to embrace?
- Motion to hug granted.
(clapping)
(cheering)
- You're coming home next Dave.
(gentle music)
(knocking)
- Hi.
Oh my God who is this?
It looks just like David.
- His name's Roy Padecky.
- And guess where he hangs
out and what he drives.
- A dark mid sized car at
the Islander apartments?
- [Paul] Bullseye.
- [Cindi] Where did you get this?
- Somebody called the 800 number.
- And what are you gonna do with it?
- Hogan and I, we're
gonna pay a little visit
to Everett Mann.
- Here you go.
- The testimony of Everett
Mann was the only significant
difference that lead a judge
to declare Cynthia Dowaliby
not guilty and allowed a jury
to find her husband guilty.
Tonight that crucial piece of the states,
largely circumstantial case, is gone.
Saying it could have
definitely been Roy Padecky
that he saw, Everett Mann
has signed this statement
repudiating his testimony at the trial.
Even more remarkable Mann says he told
prosecuted Gerry Harbin
before the Dowaliby trial
that if he had been shown a
picture of Harbin's own nose
he would have identified it.
Tomorrow the case goes before
the Illinois appellate court.
The Dowaliby family asks that
anyone with any information
about what happened to Jaclyn
please contact the hot line
number, 1-800 555 Dave.
1-800 555 Dave.
- Why would the waitresses lie?
- If you got a job you wanna keep it.
Your boss asks you to tell
someone something and you do it.
Mitch and Rob they got this
father and son kinda thing.
Mitch probably thinks
that Rob didn't do it
and is trying to protect him.
- And you're positive that
Rob was not there that night?
- My husband had just passed
away and I couldn't sleep.
I was at the restaurant from 10 at night
until six in the morning.
Robbie never came in.
- Why didn't you come forward until now?
- I was scared.
I've got a little girl same age as Jaclyn.
And two days after Jaclyn
disappeared I did see Robbie.
- Hey Robbie.
How's the great spirit?
- The great spirits great.
- Yeah.
- Remember when I told you
a sacrifice had to be made?
A sacrifice young and pure?
- Yeah.
- Well a sacrifice has been made.
- Robbie you're nuts.
- Hey Kate.
Now I wanted to talk to you two.
- Hi Robbie.
- Hey.
You getting so big and pretty aren't ya?
You were here all night
Friday night right?
- Yeah I was here, what about it?
- I need a favor.
- What kind of favor?
Robbie?
- If you or anyone you
know have any information
about the disappearance
of Jaclyn Dowaliby.
- Robbie.
Get your hands off her!
Get out, get out of here.
(crying)
And after that, when
all the stuff was on TV
Robbie told my brother Rocky
I've killed before and I can do it again.
Rocky was at the
restaurant that night too.
He knows Rob didn't come in.
He's kinda social with him.
- Do you think he could set
up a meeting for us with Rob?
(eerie music)
- Well if my eyes are
green the spirit's here
and if they're brown the spirit's gone.
- Well right now they're green.
Can you tell us what the spirit
knows about Jaclyn's death?
- The spirit can tell
ya everything about it.
The spirit was there.
(barking)
There were dogs barking, the spirit says.
Barking real loud all at one time.
(glass shatters)
Inside the house I
walked past Davy's room.
That's all the spirit talking though,
I didn't say nothing,
David Dowaliby did it.
I just released information.
- Release some more.
- The light in Jaclyn's closet was on.
But the light in her room was off.
Her bed wasn't made
and she had on pajamas.
Her comforter was
blueish, purple with maybe
a bit of yellow or green.
And her underpants were
yellow with unicorns.
She peed on herself.
The excitement from the
struggle made her pee.
(ominous music)
And her head was pointed
north, north east.
And one of the gold cross earrings
was ripped out of her ear.
But this is all the spirit
talking, you understand right?
Maybe people didn't see me
in the restaurant that night
because I was invisible.
The spirit can help me do that.
I was here physically
but no one could see me.
But spirit did tell me where the body was
and something pulled me
there like a driving force.
I didn't see the body though.
Just smelled it.
I was to scared to look at it.
- [Woman] Man what's going on?
Come on, you're gonna
make me late for my shift.
- But I know from the spirit that,
right around her Adams apple she had
a rope burn around her neck
and one of her fists was balled up
and she had bruises all over her body.
She took a licking but kept on ticking.
(phone rings)
- Hello?
Oh my God.
- In a starling legal development today
the Illinois appellate court
has set free David Dowaliby
saying the trial court that
convicted him of murder
18 months ago had erred in it's decision.
- [Man] Cindy, David.
- [Woman] David was it true?
- How do you feel?
- Well it's hard to believe
it right now I'm very happy.
But I'm the proudest of my wife.
She's a real fighter, she
never quit, not for a second.
Thank you.
(light hearted music)
(camera snapping)
But this things not gonna end
until we find out who killed Jaclyn.
Thank you.
- The best part is the appellate
court tossed the case out,
didn't order a retrial
and the state supreme court
refused to review the case.
David and Cindy are free.
(cheers)
- Well hey, hey, there's Paul.
- Channel 12 spoke to
appellate court justice
Dom Rizzie about the decision.
- It's the function of the appellate court
to prevent an injustice.
Now this case never should
have been prosecuted,
it was a waste of tax payers money.
- [Hogan] That was however an opinion
not shared by city hall.
- Well I guess appellate courts
can do what ever they want.
Maybe we should do away with juries.
(booing)
- This is Paul Hogan channel 12 news.
- Hey.
Oh fuck thank you.
Paul thank you, thank you for everything.
And thank you.
I don't know how I could ever repay you.
- Ding ding ding ding.
I would like to propose a
toast to David and Cindi.
To a life time of happiness and security.
And to everyone.
Lawyers, journalists, friends,
you all came together to make
this remarkable day possible.
You all stood up to be counted
when someone needed you.
And to John Waters.
I know he would have
loved to have been here.
- [All] Cheers!
(gentle music)
- Now what's gonna happen?
- Well as soon as we can
we're gonna take a trip.
How would you like to
go camping and fishing?
- Yeah!
- Well that's what we're gonna do.
And then I'm gonna go back to work
and I'm gonna pay back
everyone who helped us out,
and we're gonna find a new place to live
and we're gonna start
our lives over again,
how does that sound?
- I love you daddy.
- I love you too pal.
Okay, good night.
- Good night.
- So how does it feel to be able
to put your kids to bed again?
- Unbelievable, you have no idea.
I thought I'd never get to do it again.
(laughing)
Hey guys.
- Whoa hey, I think we should
be getting out of here.
- Yeah, yeah we thought
we'd give you guys a break.
We'll get into things tomorrow.
- No look I wanna know something.
How do we find out who did this?
What's happening with Rob Kinney?
(eerie music)
- [Rob] But I know from the spirit that
right around her Adams apple she had
a rope burn around her neck
and one of her fists was balled up
and she had bruises all over her body.
She took a licking but kept on ticking.
(clicks)
- We've given a transcript of this
to the states attorneys office.
Along with five affidavits saying
that he wasn't in the
restaurant that night.
The police say they'll investigate
but so far they haven't done much
and frankly we don't think they will.
- Why not?
- There's no physical evidence.
The case is old, they think
the statements not credible
and even if it was he could
get off with insanity.
- Plus it's embarrassing,
makes 'em look bad,
they told the public it was you.
- Isn't there something we can do?
- Yes there is.
You can make a decision.
You can let this shadow
hang over your lives forever
or you can get on with your new life.
Look to your future.
(somber music)
- Mommy, mommy, I caught a fish.
- Wow that's dinner.
- It's just a little one,
we're gonna throw it back.
- So he can grow up.
- That's nice Davy, come on let's go.
(gentle music)
- Hello I'm Cindi Dowaliby.
- And I'm Dave Dowaliby and
that was our daughter Jaclyn
and Carly really does
look quite a bit like her.
- Since David's release
from prison in 1991
there is still been no one charged
with our daughters murder.
We live day in day out with
no closure to our ordeal
as do many other couples who's children
have been abducted and murdered.
- No one can bring back murdered children
but you can help end
their families ordeal.
If you have any information
about an abducted child
please call the national
center for missing
and exploited children at 1-800 the lost.
- That's 1-800-843-5678, thank you.
(somber music)
(somber music)
(MultiCom Jingle)