Forensic Files (1996–…): Season 7, Episode 9 - A Shot in the Dark - full transcript

NARRATOR: Ernestine Perea
was found dead in her bedroom

of a single gunshot wound.

The gun was by her side.

After examining the
forensic evidence,

her death was ruled a homicide.

But could that same evidence
be interpreted differently?

One man's life hung
in the balance.

[music playing]

In 1979, Martin Frias entered
the United States illegally

from Mexico looking for work.

MARTIN FRIAS: More
opportunity to raise



your family, better way
to educate your kids,

a better life.

NARRATOR: Frias landed a job at
a local marble processing plant

in the rural town of
Wheatland, Wyoming.

Two years later, he met
24-year-old Ernestine Perea,

a divorcee with
a young daughter.

They had two children of
their own, a boy, and a girl.

MARTIN FRIAS: She
was a good dancer.

We danced together good.

She was somebody
you want to be with.

NARRATOR: Ernestine
and Martin decided

to live together and
rented a mobile home

on the edge of town.

But they also fought, mostly
over insignificant matters,



says Martin.

On July 5, 1984, Ernestine
spent the entire day out

with her children
and didn't arrive

home until 10:30 that night.

Martin put the children to bed
while Ernestine went to sleep

in the couple's bedroom.

That night, Frias slept on the
sofa bed in the living room.

Around 1 o'clock in the
morning, Frias was awakened

by one of the children crying.

MARTIN FRIAS: She was like
saying, mommy, mommy, get up.

Turned the light on.

And that's when I saw she
was laying in the rug,

right there on the floor.

She had the gun next to her.

NARRATOR: Ernestine was
dead from a gunshot wound.

I see blood on her stomach.

And when I was walking
out [inaudible],

I saw also blood
splattered on the wall.

So I call for ambulance
and call the police.

DOUGLAS BRYANT: There was
no evidence of a break-in.

There was no evidence of anybody
else being out at the trailer

other than two small
children, I believe,

a four-year-old and a baby.

NARRATOR: When
questioned at the scene,

Frias lied saying he wasn't
home when Ernestine was shot.

Frias may have
had reason to lie.

Police records showed
that the Sheriff

had been called to
his home several times

for domestic disturbances.

On a number of
occasions, Ernestine

said that Martin had hit her.

A forensic analysis revealed
that Frias's fingerprints

were all over the rifle.

And there was more
evidence even more damning.

When Ernestine Perea was
found dead of a gunshot wound,

her common law
husband, Martin Frias

denied he was home when
the shooting occurred.

But he later changed
his story and admitted

he was home that night.

Investigators discovered
that Ernestine

was with some male friends
earlier on the day she died.

DOUGLAS BRYANT: She had
been wrestling in the grass.

She'd been drinking
with these friends.

And also that Martin
Frias had, evidently,

ridden by the park
at that time and very

possibly may have seen them.

NARRATOR: Frias said
Ernestine had come home drunk.

Tests prove this correct.

Her blood alcohol level
was 0.26, 2 and a 1/2 times

the legal limit.

He also said they
weren't getting along

and had stopped
sleeping together.

DOUGLAS BRYANT: We knew
there had been problems

between the two of them.

He was sleeping out on
the couch in the living

room at that time.

He'd been banished
from the bedroom.

NARRATOR: Although he said he
was sleeping down the hall,

he claimed he never
head the gun go off.

He told investigators
he was sleeping

on the couch at the other end
of the hallway in the trailer.

And at some time, during the
night, about the time when it's

believed that the
gun went off, he

said he heard what he thought
to be a twig breaking at night.

And he heard that and then
he went back to sleep.

Frias said Ernestine
committed suicide.

Next to Ernestine's body was a
high powered 300 magnum hunting

rifle which belonged to Frias.

His fingerprints
were on the rifle.

Ernestine's fingerprint
was found on the scope.

Her pants were ripped
near the zipper.

And the button had been
pulled off, indicating

some sort of struggle.

Ernestine had a large
wound in her abdomen

and a much smaller
wound in her back.

Since exit wounds are generally
larger than entrance wounds,

the coroner was
certain that Ernestine

had been shot in the back.

DOUGLAS BRYANT: The blood had
entered through a wound which

was a little less than
half inch in size,

and struck the vertebrae,
had gone through the body,

and had come out through the
abdomen on the front side.

NARRATOR: Also supporting
the homicide theory

was the evidence on
Ernestine's blouse.

IRVING STONE: On the
inside of the shirt,

there were copious amounts of,
of course, blood and tissue.

But I also found bone
fragments and lead fragments

from the bullet as
it was disintegrating

passing through the body.

NARRATOR: Proof Dr.
Stone says that Ernestine

was shot from behind.

The autopsy results
found the same thing.

DOUGLAS BRYANT: The results
of that autopsy confirmed

that the bullet had
entered the back

and had extended out the front.

NARRATOR: And there was no
gunshot residue on the front

of the blouse, which would
have been present had

she committed suicide.

DOUGLAS BRYANT:
They did not find

any evidence of
that in the front

or the back of the blouse.

And that indicated
that the weapon

was at least some 30
inches to three feet away,

according to their findings.

NARRATOR: Frias denied
he murdered his wife

and pointed to the fact that
his right arm was broken

and he wasn't able to
maneuver the rifle himself.

Nevertheless, Ernestine's
death was ruled a homicide.

Based on the forensic
evidence, prosecutors

believe that Frias
and Ernenstine

fought when she arrived home.

A violent tug from the rear
ripped her pants, causing

the bruises on her abdomen.

As Ernestine was getting
up from the floor,

prosecutors say Frias
shot her in the back.

[gunshot]

Blood spurted out of
her stomach and struck

the wall in front of her.

As she fell to the
floor, her body

twisted in reaction to the shot
and she landed on her back.

Prosecutors say Frias left
the rifle on the ground

to make it appear the
death was a suicide.

They didn't believe Frias'
cast would've hindered

his ability to fire the weapon.

MARTIN FRIAS: I felt that the
whole world fell on top of me.

It was just like
a real nightmare.

I was just like, God, why me?

What do-- I mean.

I couldn't-- I was shocked.

I was shocked completely.

NARRATOR: Martin Frias was
charged with his wife's murder.

Since he couldn't
afford an attorney,

the court appointed one for him.

At the time, the state
public defender's office

used the state crime
lab, the very same

lab used by the prosecution.

They had already ruled
Ernestine's death

was a homicide.

Frias's attorney
tried to come up with

an alternative explanation
for Ernestine's death,

but he couldn't.

ROBERT T. MOXLEY: We
felt bad about how

the trial was going to go.

I remember a public
defender investigator named,

Walt Caroll, and I
talking before the trial

started about what a
grim prospect it looked

like for Martin.

NARRATOR: And they were right.

The jury convicted Frias
of second degree murder

and sentenced him to 25
to 35 years in prison.

But the story doesn't end there.

After the murder
conviction of Martin Frias,

his attorney, Robert Moxley,
started gathering information

to file an appeal.

Meanwhile, Moxley started
to have misgivings

about the competency of
the state's pathologist

who had performed the autopsy.

ROBERT T. MOXLEY: The
pathologist in this case

was not qualified to
do forensic cases.

And that's probably
being charitable.

NARRATOR: So he asked
Dr. Robert Lantz,

an independent gunshot
residue expert,

to test Ernestine's blouse.

ROBERT LANTZ: I'd used a much
more sophisticated, much more

modern technology
called scanning electron

microscopy with x-ray emission.

And what this does
is it provides

much better sensitivity
for gunshot residue.

What this told me was
the gunshot residue

had come from the
front, very clearly,

and had followed the bullet
right on through her abdomen

and come out the back.

NARRATOR: This contradicted
tests done by the state crime

lab, which found no
evidence of gunshot residue

anywhere on the blouse.

ROBERT T. MOXLEY: The tests that
had been done by the crime lab

were some rather
archaic chemical tests

where it's possible to do
them just a little bit wrong

and not find any
gunshot residue.

NARRATOR: Suddenly,
Frias's story

that Ernestine had
committed suicide

didn't seem so far fetched.

Yet, Frias remained behind bars.

MARTIN FRIAS: When I left
from prison, it was miserable.

I was mad, angry.

It was something that I don't
wish on nobody-- go to prison

for something he did not.

NARRATOR: After two
years in prison,

Wyoming Supreme Court
granted Frias a new trial.

But the defense had their
work cut out for them.

Prosecutors ordered
Ernestine's body

exhumed for a second autopsy.

The chief medical examiner for
Houston, Texas, Dr. Charles

Petty performed this one.

The results of
the second autopsy

were the same as the first.

The bullet entered
Ernestine's back

and came out
through for stomach.

DOUGLAS BRYANT: I think that the
evidence showed, at that time,

and still does, in my mind,
today that Martin Frias shot

and murdered Ernestine Perea.

NARRATOR: But the defense
introduced some new evidence

in the second trial, that
Ernestine was suicidal,

and that slash
marks on her wrists

proved she had tried to kill
herself numerous times before.

ROBERT T. MOXLEY: I
was able to document

between the different
stories and medical records

somewhere between five and
maybe a dozen prior suicide

attempts or suicide gestures.

NARRATOR: And Moxley
attacked the heart

of the prosecution's case.

The first point was
Frias's contention

that he didn't hear the
gunshot from the living room.

Acoustics expert,
Dr. Harry Hollien

provided an explanation.

Hollien conducted a test
using the body of a dead horse

covered with a fabric
similar to Ernestine's blouse

with a 300 magnum rifle,
similar to Frias's rifle.

The first shot, three feet away
from the horse, was very loud.

[gunshot]

HARRY HOLLIEN: When the
gun was fired in the open,

we got dB readings of somewhere
between 110 and 120 dB--

and it sounded like gunfire.

NARRATOR: But when
the muscle was

placed against the
skin and material,

it sounded very different.

[muffled gunshot]

HARRY HOLLIEN: The gun shot
doesn't sound like gunfire.

It sounds like someone
kicking the side of a building

or kicking a piece of furniture.

And the energy
level is quite low.

[muffled gunshot]

NARRATOR: The sound
was similar to what

Frias described on the
night of his wife's death.

Judy Bunker, a blood
spatter expert,

analyzed the blood evidence
on the wall, only 18 inches

from the floor.

She says it clearly shows
Ernestine was sitting

on the floor with the
rifle to her stomach

when the shot was fired.

JUDITH BUNKER: The
bullet fragments

in the wall, their location,
along with the blood spatter

location across the wall,
and given the location

of her wounds, would
indicate that she

was either kneeling or seated
when the shot was fired.

NARRATOR: And she found
no blood spatter evidence

to suggest, as
prosecutors contended,

that Ernestine was shot in the
back, then twisted in the air

while falling to the floor.

ROBERT T. MOXLEY: I
learned from Judith Bunker

that if somebody gets shot
and spins around, that they

spew vital fluids around.

NARRATOR: But there was no blood
spatter on the floor, walls,

or the bed from
the twisting motion

the prosecution says occurred.

The defense theory
was clearly suicide,

that Ernestine held the muzzle
of the rifle to her stomach

with one hand, then
leaned over and pushed

the trigger with the other.

But prosecution
experts said there

was a problem with that theory.

IRVING STONE: Had this weapon
had been used in contact

with the body at the
time of discharge

that I would have
expected that there

would have been
blood and or tissue

on the muzzle of the weapon.

And there was none.

NARRATOR: Dr. Vincent
DiMaio, an expert

in high velocity gunshot wounds,
testified for the defense.

VINCENT DiMAIO: The absence
of blood on the weapon

means absolutely nothing.

Maybe half the
times with handguns,

you don't find
blood on the muzzle.

It's a little more common
in shotguns [inaudible].

But don't forget with rifles,
and in this situation,

you had clothing in between.

NARRATOR: Dr.
DiMaio also believes

that the autopsy photos
clearly show that Ernestine

was shot in the stomach.

VINCENT DiMAIO: When
you discharge a gun,

out the muzzle of the
gun comes a flame.

That's about 1,400
to 1,500 degrees.

And out comes gas.

And out comes soot, carbon,
from burning gun powder.

If you put the muzzle of
the gun against the body,

then you're going to have
the soot and the flame burns,

and then the effects of gas.

If you look at the wound in
the abdomen, there's soot

and there's flame burns.

That means, the muzzle was
in contact with the body

the time of discharge.

Therefore, this has
to be the entrance.

NARRATOR: And Dr. DiMaio
says the gas discharge

from the rifle temporarily
inflated Ernestine's abdomen

with enough force that
it ripped her jeans,

contrary to the
prosecution's claim

that they were torn
during a fight.

Lastly, prosecution
experts testified,

as they did in the first trial,
that they found no gunshot

residue on the blouse,
supporting their claim

that Ernestine was
at least three feet

away when the gun was fired.

The defense presented
their new scanning electron

microscope evidence of
gunpowder residue on the blouse.

And with that, the
defense rested their case.

In a moment, the verdict.

In Martin Frias's
second murder trial,

there were two very different
theories presented to the jury.

The prosecution theory was that
Martin Frias shot Ernestine

in the back as she was
getting up from the floor

after a fight.

After the shot,
Ernestine twisted

as she fell to the
floor, which explains

why she was found on her back.

The defense maintained
that Ernestine was sitting

on the floor, the
rifle was upside down,

she used one hand to hold the
muzzle against her stomach,

and the other to
push the trigger.

[muffled gunshot]

During deliberations,
the jury wanted

to see if a woman Ernestine's
size could accomplish

what the defense said happened.

ROBERT T. MOXLEY: And
there was a small woman

on the second jury.

They took the gun
into the jury room.

And she sat down on the floor
and replicated my theory.

And she told me later that her
finger had touched that scope

on that rifle exactly where
Ernestine's finger print had

been-- same alignment.

NARRATOR: After 2 and
1/2 hours, the jury

had a verdict, not guilty.

DOUGLAS BRYANT: I don't
question the wisdom of the jury.

I can see where
they may not have

been sure who had the
accurate opinion, who

had the accurate theory.

And there's no question in the
criminal justice system, as it

should be, that if there's a tie
or even anything close to a tie

that it's beyond a
reasonable doubt.

And I think the
jury didn't acquit

Martin Frias because they
felt he was innocent.

But I believe that
they acquitted

because they could
not find that he

was guilty beyond
any reasonable doubt.

MARTIN FRIAS: I was so
happy that I [inaudible]

to feel like cry at same time.

ROBERT T. MOXLEY:
We hugged each other

and danced around the
courtroom a little bit.

It was a good moment.

NARRATOR: Martin Frias now
lives in Southern California.

He is now an American citizen
and has tried to get custody

of his children, but they
remain with Ernestine's mother

in Wyoming.

MARTIN FRIAS: I'm married
and I got a good job.

I can't complain.

I make good money.

I got a little girl.

We enjoy life.

NARRATOR: The
forensic experts who

assisted Robert Moxley
in the second trial

did so without remuneration.

ROBERT T. MOXLEY: The forensic
community rallied around me

in this case to make sure
that I got the help I needed,

to find the expertise I needed.

And there were just
all kinds of people

out there committed to
making sure that justice

got done in this case.

MARTIN FRIAS: American justice.

It does work.

It's better than I thought.

[music playing]