14. On this episode of SLEUTH, we are once again back to our Santa Ana, California courtroom front row seat, as the accessory to murder trial of Rachel Buffett comes to a close. Prosecutor Matt Murphy and Defense Counsel David Medina delivered powerful summations to the jury of twelve. Matt Murphy believes he has proven beyond any reasonable doubt that Rachel Buffett is guilty of lying to police and helping her fiancee Daniel Wozniak cover up for his murderous crimes. David Medina argued to jurors that this case should be considered “the poster case for reasonable doubt” believing that he put on a defense that proves Rachel had nothing to do with the murders. Medina goes one step further by suggesting Rachel Buffett helped police by cooperating in helping lead police to— as Medina suggests “a treasure trove of evidence” to help convict— the man he calls “the monster Daniel Wozniak". Both attorneys have now learned the members of the jury are unanimously in agreement as to a verdict. Have you made a determination on what the verdict will be? Let’s listen as the jury forewoman renders their decision.
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Episode Transcript
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Speaker 1 (00:00):
Please be advised this story contains adult content and graphic language.
Dare number one thirty five. Are you the fourth person? Yes,
I am. Has the jury reached verdicts Yes, we have
the Superior Court of California, County of Orange Central Justice Center,
the People of the State of California versus Rachel May
Buffett Case Number twelve c F we the jury in
(00:25):
the above entitled action find the defendant Rachel May Buffett.
On this episode of Sleuth, we are once again back
to our Santa Anna, California courtroom, front row seat. As
(00:48):
the accessory to murder trial of Rachel Buffett comes to
a close, Prosecutor Matt Murphy and defense counsel David Medina
delivered powerful slummations to the jury of twelve. Matt Murphy
believes he has proven beyond a reasonable doubt that Rachel
Buffett is guilty of lying to police and helping her
fiance Daniel Wozniak cover up for his murderous crimes. David
(01:12):
Medina argued to jurs that this case should be considered
the poster case for reasonable doubt, believing that he put
on a defense that proves she had nothing to do
with the murders, and in fact, it was Rachel that
helped police in cooperating with them and helping lead them
to as Medina suggests, a treasure trove of evidence to
(01:35):
help convict who he calls the monster, Daniel Wazniak. Both
attorneys have now learned the members of the jury are
unanimously in agreement as to a verdict. Have you made
a determination on what the verdict will be? Let's listen
as the jury four woman renders their decision number one
(01:55):
thirty five. Are you the fourth person? Has the jury
reached verdicts? Yes? Can you please provide all signed and
unsigned verdict forms to Deputy Area Please. I have reviewed
the vertic forms and at this time I'll direct my
clerk to read them. The Superior Court of California, County
(02:16):
of Orange Central Justice Center, the People of the State
of California versus Rachel May Buffett, Case Number twelve cf
WE the jury in the above entitled action find the defendant,
Rachel May Buffett, guilty of the crime of felony to
wit violation of Section thirty two of the Penal Code
(02:36):
of the State of California, accessory after the fact, as
charged in count one of the Information dated September twelve,
two thousand and eighteen, jour Number four. Person. We the
jury in the above entitled action find the defendant, Rachel
May Buffett, guilty of the crime of felony to wit
(02:56):
violation of Section thirty two of the Penal Code of
the State of California, accessory after the fact, as charged
in count two of the Information dated September twelve, two
thousand and eighteen. Jour Number one, Ladies and gentlemen, I'm
going to ask each of you to answer the following question.
Are these your true and correct verdicts? Juror number one
(03:17):
twenty nine Yes, jur Number one sixty seven, Juror number
one eight five, jur number one twenty seven, Juror number
one thirty five, Juror number one fifty one, jur number
one fifty five, jur number one sixteen, Juror number one sixty,
(03:39):
Juror number one three, Juror number one eight one, Juror
number one fifty Will both parties wave any further pulling
of the jurors on behalf of the defendant and on
behalf of the people, Ladies and gentlemen. At this time,
I will direct my clerk to record the verdicts. Will
both parties wave reading of the as they are being
(04:01):
recorded on behalf of the defendant, on behalf of the people.
Ladies and gentlemen, I have a final instruction to read
to each of you. You have now completed jury service
in this case. On behalf of all of the judges
of the court. Please accept my thanks for your time
and effort. Now that the case is over, you may
(04:21):
choose whether or not to discuss the case and your
deliberations with anyone. I remind you that under California law,
you must wait at least ninety days before negotiating or
agreeing to accept any payment for information about the case.
Let me tell you about some rules the law puts
in place for your convenience and protection. The lawyers in
(04:42):
this case, the defendant, or their representatives may now talk
to you about the case, including your deliberations or verdict.
Those discussions must occur at a reasonable time and place
and with your consent. Please tell me immediately if anyone
unreasonably contacts you without your consent. Anyone who violates these
(05:02):
rules is violating a court order and may be fine.
I will order that the court's record of personal juror.
Identifying information, including names, addresses, and telephone numbers, be sealed
until further order of this court, Ladies and gentlemen. From
the first day you entered into the courtroom to begin
jury selection, I expressed my gratitude for your willingness to serve.
(05:26):
We cannot ensure that justice has served without the willingness
of citizens such as you to fulfill your obligation. On
behalf of all of the parties and all of my colleagues,
I am grateful for your service. I know one of
our alternates is here as well. I thank each of you.
You are now excused, Thank you very much. The jurors
have left the courtroom. It is now time to pick
(05:48):
a date for sentencing. And before doing so, Mr Mendino,
would you like to be heard regarding the custodial status
of your client? Request? My client remaining out of custody.
This key has been going on a blue shoes charge.
The deals of law been overfiing court appearances. She's named
Beach court parents of under stairs and music who are silent,
(06:11):
so fond I have a bond in these fond disgusted,
do you wish to be heard until today? Miss Buffett
has been presumed to be innocent of these charges. The
jury has found her guilty of two serious felonies. The
crimes that she has been convicted of go at the
(06:33):
very core of the criminal justice system. That is lying
to police officers who are investigating a serious crime. She
is not entitled to be released on bail from this
point forward. It is the court's determination that she will
be remanded to the custody of the Orange County Sheriff's
Department and held without bail pending sentencing. I think it
(06:53):
is best if she's prepared to wave time for sentence
in Court will be ordering the Probation Department to prepare
probation and sentencing report. The Court would prefer to have
as much information about Miss Buffett. If both of you
can be here first thing in the morning, I can
accomplish this. And on a Thursday. Is that agreeable with
the people? Is that agreeable with the defense? All parties
(07:16):
will order to be personally present on that day at
nine am. The Court will order the Orange County Probation
Department to prepare a probation and sentencing report for the
court's consideration and have it available for the court and
Council five days prior to the hearing date. Miss Buffett,
you will be remanded to the custody of the Orange
County Sheriff's Department. Your bond that was previously posted will
(07:37):
be exonerated. Are there any other issues that the court
needs to address? On behalf of the defense, on behalf
of the people, the court will be in recess. Rachel
Buffett is now a convicted felony facing up to forty
four months in prison. Her bail was revoked and she
was remanded into custody. The former Disney princess is physically
(07:57):
restrained by the clink of the cold metal incuffs and
led by a sheriff's deputy out of the courtroom. Rachel
never once looked back towards her forlorn family members, nor
did she acknowledge the lone sobs coming from her mother,
Mary Anne. After receiving cards and letters from family and
(08:22):
friends expressing their support of Rachel Buffett, it is now
up to the Honorable Judge Hanson to impose her sentencing decision.
But first the court allows for the victims families to
speak directly to Rachel Buffett for the last time, beginning
with Julie Kibuishi's mom, June, who is flanked at the
(08:42):
podium by June's husband and Julie's father, Massa Kabyushi. There
are two family members who wish to address the court,
and they may address the court now. Who would like
to speak first, June Kiebwishi. With the course permission, Miss Kibuishi,
you may come forward. M M. Good morning mass Cabi.
(09:06):
First of all, um, our family would like to thank you,
Your honor for everything you have done for us and
her family. We believe you handle this case in a
very fair manner and we truly appreciate you keeping us
the victims family as a priority to bring this case
(09:28):
to the closure. Also, you are truly thankful for Mr
Matt Murphy and all of the members of the d
A Office for their effort and support throughout this long
and painful experience. I need to ask your Honor for
permission to address the next message to Miss Buffett for
(09:52):
the first and last time, you may thank you. It's
been more with an eight years since my loving daughter
Julie was taken away from our family by you and
your ex fiancee after stealing money from for your wedding.
(10:15):
Her life was taken just to be used as a
cover up for taking Poor Sam's life isn't a wedding
normally full of love and happiness, yet your big day
was going to be rooting and murder. During these past
eight years, while we the victims families, Sam's family and
(10:40):
our family have been grieving with pain for losing our children,
the pain that will never truly heal, you've been able
to breathe fresh air, spend time with your family and
making memories. Not only have you been able to live normal,
(11:00):
but you've been You have been even found a time
to address on public television that you are the victim
betrayed by your fiancee. Additionally, you walk into the court
every time with your entourage, who are your only supporters,
showing no remorse or sadness to the victims families. I
(11:25):
just wanted to say, the real victims are Sam and
my daughter Julie, not you. You were actually going to
get married to that monster in just one week. If
you were decent human being who actually had a bit
of a kindness in your heart, you would have been
(11:46):
devastated and it would have felt guilty that your loved
one who you were going to spend the rest of
your life did what he did to our children that
all these years, have you ever shown any remorse to
the true victims and victims families? No? Absolutely none, and
(12:10):
your actions these past years don't refute this. I also
need to say this, if your family has been able
to support you during all these court days, why didn't
they support you and your experience with your wedding and
honeymoon when you two desperately needed. Was the murder really
(12:33):
the only solution for you? Both? Our children didn't have
to be taken away. My daughter Julie was twenty three
years old and she had so much you wanted to accomplish.
I will never get to see her fulfill her dreams
(12:53):
in fashion, be a drup, a bride, or Emma m
I know she would have been the most loving and
caring mom, as she had the biggest heart. All of
these dreams were a mom having a daughter were taken
away not just from me, but from our family and
(13:19):
all of her friends. Julie even thought of you as
a friend, and I was so happy for your engagement.
How and why I will never know, but I know
for sure that you were never a true friend to her.
Or Sam and never deserved hers or Sam's love and friendship.
(13:46):
To me, you and that monster are two piece in
the pod, and I'm glad you both found each other.
You're both self centered and truly heartless. This world doesn't
need more people like you or him. They need more
people like my daughter, Julie and Sam. I know you
(14:08):
will forever remember the lives of Sam and Julie, and
I hope you'll live every day regretting your disgusting decisions.
Thank you. Yeah. Second thing, I don't wan to wish
to address the courts. Steve her and Mr Her you
(14:29):
may address the car I'm going to try to read
this without my glasses. I'm good, I'm good. Good morning,
your honor. Thank you for your leadership and making sure
that this trial was finally heard. Trust me, I understand.
(14:53):
Thank your staff too for making us feel as comfortable
as they could under the situation, the circumstance, and I
truly repeat, my family and I really appreciate everything you've done.
I'd like to thank Matt Murphy and his team, as
well as the Coast of Masa Police Department for all
(15:15):
their work these past eight and one half years. I
can't express it in words, but they become family and
they're all very special people. Julie canb you. She was
a lovely young lady who was a wonderful friend and
tutor to my son Sam Harry. She was a college
(15:36):
student studying designing a terrific dnswer as we found out,
and a wonderful, wonderful friend too many. These are just
a few of the many attributes of Julie. Sam Harry,
our son was a decorated combat veteran of Afghanistan, going
(15:58):
to college to get a degree so he could return
to the army as an officer. They were both murdered
thinking that they were helping friends. I felt the need
to mention their names, for this is why we're here.
As part of my son's body lie dead and dismembered
(16:19):
in the attic of a Los Alamides theater, Rachel Buffett
was spreading lies as my son's head, arms and hands
were being ravaged by animals and insects. At El Dorado Park,
Rachel Buffett was spewing lies about Dan Woseniack's involvement. As
(16:41):
Julie Kibushi was lying in my son's apartment murdered by
her fiancee Dan Bosniak. Rachel Buffett was deliberately deceiving the
police as well as the friends of Sam and Julie,
attempting to throw them off the trail of her lover,
Dan Bosniak. While many of Sam and Julie's friends flought
(17:02):
to the police, to party the police station to help
investigators in any way that they possibly could, Rachel was
too busy due to attending appointment and a possible bachelorette party.
Rachel Buffett lied to the police, She lied to her friends,
she lied to the local and national newspapers, and she
(17:25):
lied to the nation when she appeared on national TV
proclaiming her innocence. Some of the many lives included number
one claiming a third person was with Sam and Dan
as they left her apartment to get money. Rachel stated
to the police that she saw and she did not
(17:47):
recognize the third person and that he did not live
in the apartment. He didn't live in the apartment complex.
We later learned that there was no third person. The
third person was fictitious created by Dan and Rachel. Another
lie I was claiming Sam told her that he had
(18:07):
family problems. This lie echoed what Dan Molniak was texting
Julie in the guise of Sam to Lord Julie to
Sam's apartment. There were no family problems, your honor, and
Rachel was backing Daniel's necks lies. Yet another lie was
claiming fictitious people had given them money. Rachel never even
(18:29):
mentioned Chris Williams, who we discovered did lend Dan and
Rachel the money. We heard that Rachel and Dan were
being questioned by the friends that night I found Julie's body,
And what was her response during that time? No, Dan,
And this is what I've heard is that's not effing happened.
(18:49):
You're effing up my own story. Oh my god, you're
screwed up memories, are screwing up my story. Just shut up. Dan.
Does this sound like a woman who's trying to tell
the truth. But the line of questioning your honor that
haunts me the most is that Rachel Buffett tries to
(19:10):
pin Julie's murder on our sons, Sam. Rachel saw Dan
give Chris Williams the four dollars on two thousand and ten,
immediately after Sam was murdered. As a matter of fact,
she calls Chris or they speak and she told him
that he dropped twenty dollars. But five days later, five
(19:31):
days after this, when police asked Rachel, what did Dan
do with the four dollars he returned with. Rachel responds
and I quote, he could have given it to the
loan Sharks or he meaning Dan could have given it
the money to Sam. That's possible. He could have given
(19:52):
Sam to three dollars. And I need to repeat this.
She said, he could have given the four dollars to Sam.
That's possible. He could have given Sam the three dollars.
That's five days after you saw Chris give Dan the
month Dan give Chris the money. You know, if Rachel
(20:13):
Buffett had just stopped and told the police that Dan
had given the four dollars to loan Sharks, that would
have been a bad enough lie. But when she adds
that he could have given the money to Sam, she's
helping support the narrative that was planned by Dan Mosniak
and possibly Rachel herself, Your honor, Rachel Buffett is throwing
(20:36):
Sam our Son under the bus after Sam gives him
a hundred dollars for a wedding present. What does Rachel do?
She throws him under the bus. That was the whole
narrative of the murder to murder, the murder plot to
murder Julie and blame Sam. How the hell am I
supposed to feel about that when I see her right there?
(21:00):
The purpose of a victim's statement is how this affects
my wife and me. Obviously we're devastated, and we still
are a large part of our lives died that terrible
day we lost our only child. To know we will
never see Sam again, never hear his voice again, and
(21:21):
never touch and give him hugs again is a feeling
that no parent should ever know. I can still say
I love you, but it's done. Standing over Sam's grave
at the Riverside National Cemetery, which I have visited every
week due to the past eight and one half years.
(21:44):
This brings us here today for Rachel Buffett's sentencing. You know,
I did some research on this, essentially after the fact
of murder. In quite a few states, the penalty can
be from ten to fifteen years in prison. As a
matter of fact, if Rachel had been tried in federal
court right here across the street in Kieran, California, which
(22:07):
is a possibility since Sam was murdered, on a government base.
She could have received a sentence for up to fifteen years.
I've been told that Miss Buffett can receive up to
forty four months in prison for the crime she was
found guilty of. Rachel Buffett deserves the harshest punishment possible.
(22:30):
Rachel knew exactly what she was doing. She could have
saved us eight years and six months of grief by
not lying to the police. Rachel Buffett was offered deals
but refused to take them, dragging the families of ourselves
and the Kibbui. She's to another trial where heinous atrocities
and painful memories were relieved. Did Rachel think about Sam
(22:54):
and Julie? No? Did Rachel think about the families of
Sam and Julie? No, Rachel just thinks about Rachel. You
your honor along with everyone else who observed the hearings,
saw and heard Rachel's lies. If Miss Buffett or anyone
(23:17):
else asks for leniency regarding the sentence, just ask yourself this.
Did Rachel Buffet show any compassion towards Sam, Julie or
the families? She showed none. Did Rachel Buffet show any
remorse or accept any responsibility about lying these past eight
and a half years, she showed none whatsoever. Justice must
(23:44):
be served Rachel Buffett's lies and deceptions. Demand Rachel received
the maximum penalty allowed now, regardless of what that sentences. Whatever,
regardless of the maximum sentences, Rachel eventually get out. She'll
get out. She will eventually we be with her family again.
(24:05):
She will, she will be able to see them, she
will be able to talk to them, she will be
able to hold them. As stated earlier, my wife, Raquel
and I we will never see here or touch our
Sam ever again. The Kibusis will never see, never hear,
(24:28):
or never touch their wonderful daughter Julie ever again. Please
your honor here our cries sentence Rachel Buffett for the
maximum penalty allowed. Thank you very much, Mr. And Mrs
her Anything else on behalf of the people. Does the
(24:48):
defendant wish to address the court? She's not required to,
but she may, she would, she may. I have always
wanted to express my condolences to the Hair and Kipiishi
(25:09):
families and offer support, but I assumed that any contact
for me, a complete stranger before this case, would not
be welcomed or helpful. So I just thought to be
respectful by giving them space. I hope my silence has
not been misinterpreted as callous. I'm also so sorry that
(25:29):
any of my actions caused more pain to the Hair
and Kish families. I wish Sam and Julie were still here.
I wish I could have done something to save them.
I wish I never met Daniel Wasniak. I wish I
never let him into my life. I wish I saw
him for the liar in the manipulator he was from
(25:50):
day one. And I wish there was something I could
do to fix this. Now. My heart was out to
the Hair and Kipish families, and they will always be
in my thoughts and purse anything else on behalf of
the dependent And Now, after weighing the evidence and the
(26:16):
mitigating and aggravating circumstances, Judge Hansen declares her sentencing determination
for now convicted felon Rachel Buffett, Miss Buffett, as I
decide what the appropriate sentence is, I recognize that the
pain that the Her and Creepy Wush families have suffered
(26:38):
as lifelong. I recognize that they lost their child not
at your hands, but at Mr Wosniac's hands. However, you
are here today not because of the actions of Mr Wosniac,
but because of your own actions. As I read letter
after letter in support of you, the court is well
(27:02):
aware that you have friends and family who are willing
to support you. However, as I listened to all of
the evidence introduced at the trial, and I read your
statements to probation, and I hear your statements today, I
am struck by a feeling that you have never appreciated
(27:28):
the gravity of the crimes that you committed. Time and
time again. I hear from those who love you and
are prepared to support you, that you were naive or
somehow innocent, But that's not what the evidence demonstrated in
this trial. You acted on your own when you stood
(27:51):
before those Cousto Maca police officers who are investigating the
debts or at that point in time, the missing and visuals,
and you lied. And those lies, when you consider them
in relationship to the statements Mr Wosniac made, leaves this
(28:12):
court to believe you plan those statements. It wasn't a
spur of the moment decision that you made to protect
your fiance, but there was thought and care taken in
terms of the narrative that you were providing to law enforcement.
So as I make my findings in terms of determining
(28:33):
what the appropriate sentence for you should be, Counsel I
will tell you I'm going to state the sentence in
terms of attentative UM, giving each of you an opportunity
to correct any legal errors the court may make UM,
so that I may correct them today. First, I would
note the defendant is eligible for probation, so the court
has considered all of the California Rules of Court four
(28:56):
point four one four That sets forth all of the
factors that I must consider in determining whether or not
you are a suitable candidate for probation. I would note
you were an active participant in this crime. In fact,
this crime that you stand before the court convicted of
was committed solely by you. It was deliberate, it was
intentional um. And you intentionally misdirected law law enforcement UH
(29:23):
and you provided a false, false alibi to Mr Rose
Nand this crime was not committed because of any unusual
circumstance which is unlikely to recur again. You intentionally and
willfully committed these crimes. H. You have no prior criminal record,
that is something I am required to take into consideration,
(29:44):
and you have expressed a willingness to comply with the
terms of probation. However, my belief that you are is
that you're not credible as to that aspect. I don't
believe you have any recognition or admission and as to
the severity of your actions, um And because of that
(30:04):
whing all of those factors, I have made a decision
to deny probation in this case. Council does either side
wish to be heard regarding those findings on behalf of
the people, on behalf of the defendant. Now, this crime
is punishable Persuanto Penal Code Section eleven seventies subsection h UH.
(30:26):
The sentence in this case is a sentence that is
served in the local jail because it is not eligible
for a state prison sentence under eleven seventy h. In
terms of making a determination as to the length of
the sentence, I would note that count one will be
selected as the principal based term. When I make a determination,
(30:47):
and I evaluate all of the rules of court that
tell me what the aggravating and mitigating factors that I
should consider are, I make the following findings. I do
believe that there are circumstances in aggravation as it relates
to the CRA crime, namely four point four to one
Subsection A Subsection eight. The Court does find that the
crimes were carried out with some degree of planning and
(31:10):
some degree of sophistication above and beyond a typical accessory
after the fact. Again, and I make this finding based
upon the belief that you and Mr Wolsniac pre planned
some of this false information that was provided to law enforcement. Uh,
there are no aggravating factors as it relates to you
(31:32):
in terms of circumstances in mitigation. There are no mitigating
factors as it relates to the crime itself. There are
mitigating factors as it relates to you because you have
no prior record of criminal conduct. When I wag those factors,
(31:54):
I decide that neither h is of greater than the other.
And the Court is going to exercise its discretion to
impose mid term on count one. Mid term on account
one is eight two years as to count to the
(32:15):
court considers the factors to determine whether or not the
sentence on Account two should be concurrent or consecutive. The
Court is going to exercise its discretion and impose a
consecutive term on count too, because I do believe that
there was an independent objective and intent on each of
these separate crimes, and I do intend to sentence you consecutively. Accordingly,
(32:41):
you will be sentenced to one third the mid term
for a period of eight months that will be consecutive
to the sentence. Account to this concludes the sentencing, you
are remanded to the custody of the Orange County Sheriff's Department.
Thank you, counsel we during racists. With the trial now concluding,
(33:04):
the spectators, including family and friends, are ushered out of court,
with the media and their crews not far behind. The
word is quickly spread that a formal press conference is
about to take place on a lower level in the
court house. As the crowd slowly moves to the elevator, banks,
others choose the stairs so as not to be late
(33:25):
in intending what media folks call a pressor an event
which I and my sleuth team attended as well. What
promised to be a happy moment of closure for Stephen,
Raquel Hare and June and Massacbyushi turned into an event
that the prosecutor Matt Murphy chose to roast me and
(33:46):
my podcast. I want to give you a chanter, but
is your position that Daniel Wats actually not be on
death row? Are your pleasing? Next on Sleuth, you will
(34:15):
hear the full unedited press conference, along with the conversation
I had with Sam Hare's father, Steve, who approached me
after wishing to confront my decision to not censor my
podcast guests defense counsel Scott Sanders. Mr Hare remains quite
upset that Mr Sanders was offered a platform to express
(34:38):
his right to his own legal positions regarding his defense
of Dan Wazniak. Sleuth invited Mr Sanders to come on
our podcast to speak his opinion about certain rulings Judge
Connolly made in his client Dan wisni ex capital case,
while Sleuth offered both Mr Hare and Mr Sanders the
chance to speak about f soode three, the episode in
(35:02):
question that mentions Sam Harre's passed when he himself was
charged with murder. But mister Hare felt he wasn't given
the opportunity to have the last word. But he was,
and he still does have that chance to come on
this podcast whenever he wishes to speak his mind regarding
any issue he has with Sleuth. If you enjoyed this
(35:26):
episode of Sleuth, share it with a friend and be
sure to leave a rating or review. Follow Sleuth on
I Heart Radio, or subscribe wherever you listen to podcasts
so that you never miss an episode
Please be advised this story contains adult content and graphic language.
Dare number one thirty five. Are you the fourth person? Yes,
I am. Has the jury reached verdicts Yes, we have
the Superior Court of California, County of Orange Central Justice Center,
the People of the State of California versus Rachel May
Buffett Case Number twelve c F we the jury in
(00:25):
the above entitled action find the defendant Rachel May Buffett.
On this episode of Sleuth, we are once again back
to our Santa Anna, California courtroom, front row seat. As
(00:48):
the accessory to murder trial of Rachel Buffett comes to
a close, Prosecutor Matt Murphy and defense counsel David Medina
delivered powerful slummations to the jury of twelve. Matt Murphy
believes he has proven beyond a reasonable doubt that Rachel
Buffett is guilty of lying to police and helping her
fiance Daniel Wozniak cover up for his murderous crimes. David
(01:12):
Medina argued to jurs that this case should be considered
the poster case for reasonable doubt, believing that he put
on a defense that proves she had nothing to do
with the murders, and in fact, it was Rachel that
helped police in cooperating with them and helping lead them
to as Medina suggests, a treasure trove of evidence to
(01:35):
help convict who he calls the monster, Daniel Wazniak. Both
attorneys have now learned the members of the jury are
unanimously in agreement as to a verdict. Have you made
a determination on what the verdict will be? Let's listen
as the jury four woman renders their decision number one
(01:55):
thirty five. Are you the fourth person? Has the jury
reached verdicts? Yes? Can you please provide all signed and
unsigned verdict forms to Deputy Area Please. I have reviewed
the vertic forms and at this time I'll direct my
clerk to read them. The Superior Court of California, County
(02:16):
of Orange Central Justice Center, the People of the State
of California versus Rachel May Buffett, Case Number twelve cf
WE the jury in the above entitled action find the defendant,
Rachel May Buffett, guilty of the crime of felony to
wit violation of Section thirty two of the Penal Code
(02:36):
of the State of California, accessory after the fact, as
charged in count one of the Information dated September twelve,
two thousand and eighteen, jour Number four. Person. We the
jury in the above entitled action find the defendant, Rachel
May Buffett, guilty of the crime of felony to wit
(02:56):
violation of Section thirty two of the Penal Code of
the State of California, accessory after the fact, as charged
in count two of the Information dated September twelve, two
thousand and eighteen. Jour Number one, Ladies and gentlemen, I'm
going to ask each of you to answer the following question.
Are these your true and correct verdicts? Juror number one
(03:17):
twenty nine Yes, jur Number one sixty seven, Juror number
one eight five, jur number one twenty seven, Juror number
one thirty five, Juror number one fifty one, jur number
one fifty five, jur number one sixteen, Juror number one sixty,
(03:39):
Juror number one three, Juror number one eight one, Juror
number one fifty Will both parties wave any further pulling
of the jurors on behalf of the defendant and on
behalf of the people, Ladies and gentlemen. At this time,
I will direct my clerk to record the verdicts. Will
both parties wave reading of the as they are being
(04:01):
recorded on behalf of the defendant, on behalf of the people.
Ladies and gentlemen, I have a final instruction to read
to each of you. You have now completed jury service
in this case. On behalf of all of the judges
of the court. Please accept my thanks for your time
and effort. Now that the case is over, you may
(04:21):
choose whether or not to discuss the case and your
deliberations with anyone. I remind you that under California law,
you must wait at least ninety days before negotiating or
agreeing to accept any payment for information about the case.
Let me tell you about some rules the law puts
in place for your convenience and protection. The lawyers in
(04:42):
this case, the defendant, or their representatives may now talk
to you about the case, including your deliberations or verdict.
Those discussions must occur at a reasonable time and place
and with your consent. Please tell me immediately if anyone
unreasonably contacts you without your consent. Anyone who violates these
(05:02):
rules is violating a court order and may be fine.
I will order that the court's record of personal juror.
Identifying information, including names, addresses, and telephone numbers, be sealed
until further order of this court, Ladies and gentlemen. From
the first day you entered into the courtroom to begin
jury selection, I expressed my gratitude for your willingness to serve.
(05:26):
We cannot ensure that justice has served without the willingness
of citizens such as you to fulfill your obligation. On
behalf of all of the parties and all of my colleagues,
I am grateful for your service. I know one of
our alternates is here as well. I thank each of you.
You are now excused, Thank you very much. The jurors
have left the courtroom. It is now time to pick
(05:48):
a date for sentencing. And before doing so, Mr Mendino,
would you like to be heard regarding the custodial status
of your client? Request? My client remaining out of custody.
This key has been going on a blue shoes charge.
The deals of law been overfiing court appearances. She's named
Beach court parents of under stairs and music who are silent,
(06:11):
so fond I have a bond in these fond disgusted,
do you wish to be heard until today? Miss Buffett
has been presumed to be innocent of these charges. The
jury has found her guilty of two serious felonies. The
crimes that she has been convicted of go at the
(06:33):
very core of the criminal justice system. That is lying
to police officers who are investigating a serious crime. She
is not entitled to be released on bail from this
point forward. It is the court's determination that she will
be remanded to the custody of the Orange County Sheriff's
Department and held without bail pending sentencing. I think it
(06:53):
is best if she's prepared to wave time for sentence
in Court will be ordering the Probation Department to prepare
probation and sentencing report. The Court would prefer to have
as much information about Miss Buffett. If both of you
can be here first thing in the morning, I can
accomplish this. And on a Thursday. Is that agreeable with
the people? Is that agreeable with the defense? All parties
(07:16):
will order to be personally present on that day at
nine am. The Court will order the Orange County Probation
Department to prepare a probation and sentencing report for the
court's consideration and have it available for the court and
Council five days prior to the hearing date. Miss Buffett,
you will be remanded to the custody of the Orange
County Sheriff's Department. Your bond that was previously posted will
(07:37):
be exonerated. Are there any other issues that the court
needs to address? On behalf of the defense, on behalf
of the people, the court will be in recess. Rachel
Buffett is now a convicted felony facing up to forty
four months in prison. Her bail was revoked and she
was remanded into custody. The former Disney princess is physically
(07:57):
restrained by the clink of the cold metal incuffs and
led by a sheriff's deputy out of the courtroom. Rachel
never once looked back towards her forlorn family members, nor
did she acknowledge the lone sobs coming from her mother,
Mary Anne. After receiving cards and letters from family and
(08:22):
friends expressing their support of Rachel Buffett, it is now
up to the Honorable Judge Hanson to impose her sentencing decision.
But first the court allows for the victims families to
speak directly to Rachel Buffett for the last time, beginning
with Julie Kibuishi's mom, June, who is flanked at the
(08:42):
podium by June's husband and Julie's father, Massa Kabyushi. There
are two family members who wish to address the court,
and they may address the court now. Who would like
to speak first, June Kiebwishi. With the course permission, Miss Kibuishi,
you may come forward. M M. Good morning mass Cabi.
(09:06):
First of all, um, our family would like to thank you,
Your honor for everything you have done for us and
her family. We believe you handle this case in a
very fair manner and we truly appreciate you keeping us
the victims family as a priority to bring this case
(09:28):
to the closure. Also, you are truly thankful for Mr
Matt Murphy and all of the members of the d
A Office for their effort and support throughout this long
and painful experience. I need to ask your Honor for
permission to address the next message to Miss Buffett for
(09:52):
the first and last time, you may thank you. It's
been more with an eight years since my loving daughter
Julie was taken away from our family by you and
your ex fiancee after stealing money from for your wedding.
(10:15):
Her life was taken just to be used as a
cover up for taking Poor Sam's life isn't a wedding
normally full of love and happiness, yet your big day
was going to be rooting and murder. During these past
eight years, while we the victims families, Sam's family and
(10:40):
our family have been grieving with pain for losing our children,
the pain that will never truly heal, you've been able
to breathe fresh air, spend time with your family and
making memories. Not only have you been able to live normal,
(11:00):
but you've been You have been even found a time
to address on public television that you are the victim
betrayed by your fiancee. Additionally, you walk into the court
every time with your entourage, who are your only supporters,
showing no remorse or sadness to the victims families. I
(11:25):
just wanted to say, the real victims are Sam and
my daughter Julie, not you. You were actually going to
get married to that monster in just one week. If
you were decent human being who actually had a bit
of a kindness in your heart, you would have been
(11:46):
devastated and it would have felt guilty that your loved
one who you were going to spend the rest of
your life did what he did to our children that
all these years, have you ever shown any remorse to
the true victims and victims families? No? Absolutely none, and
(12:10):
your actions these past years don't refute this. I also
need to say this, if your family has been able
to support you during all these court days, why didn't
they support you and your experience with your wedding and
honeymoon when you two desperately needed. Was the murder really
(12:33):
the only solution for you? Both? Our children didn't have
to be taken away. My daughter Julie was twenty three
years old and she had so much you wanted to accomplish.
I will never get to see her fulfill her dreams
(12:53):
in fashion, be a drup, a bride, or Emma m
I know she would have been the most loving and
caring mom, as she had the biggest heart. All of
these dreams were a mom having a daughter were taken
away not just from me, but from our family and
(13:19):
all of her friends. Julie even thought of you as
a friend, and I was so happy for your engagement.
How and why I will never know, but I know
for sure that you were never a true friend to her.
Or Sam and never deserved hers or Sam's love and friendship.
(13:46):
To me, you and that monster are two piece in
the pod, and I'm glad you both found each other.
You're both self centered and truly heartless. This world doesn't
need more people like you or him. They need more
people like my daughter, Julie and Sam. I know you
(14:08):
will forever remember the lives of Sam and Julie, and
I hope you'll live every day regretting your disgusting decisions.
Thank you. Yeah. Second thing, I don't wan to wish
to address the courts. Steve her and Mr Her you
(14:29):
may address the car I'm going to try to read
this without my glasses. I'm good, I'm good. Good morning,
your honor. Thank you for your leadership and making sure
that this trial was finally heard. Trust me, I understand.
(14:53):
Thank your staff too for making us feel as comfortable
as they could under the situation, the circumstance, and I
truly repeat, my family and I really appreciate everything you've done.
I'd like to thank Matt Murphy and his team, as
well as the Coast of Masa Police Department for all
(15:15):
their work these past eight and one half years. I
can't express it in words, but they become family and
they're all very special people. Julie canb you. She was
a lovely young lady who was a wonderful friend and
tutor to my son Sam Harry. She was a college
(15:36):
student studying designing a terrific dnswer as we found out,
and a wonderful, wonderful friend too many. These are just
a few of the many attributes of Julie. Sam Harry,
our son was a decorated combat veteran of Afghanistan, going
(15:58):
to college to get a degree so he could return
to the army as an officer. They were both murdered
thinking that they were helping friends. I felt the need
to mention their names, for this is why we're here.
As part of my son's body lie dead and dismembered
(16:19):
in the attic of a Los Alamides theater, Rachel Buffett
was spreading lies as my son's head, arms and hands
were being ravaged by animals and insects. At El Dorado Park,
Rachel Buffett was spewing lies about Dan Woseniack's involvement. As
(16:41):
Julie Kibushi was lying in my son's apartment murdered by
her fiancee Dan Bosniak. Rachel Buffett was deliberately deceiving the
police as well as the friends of Sam and Julie,
attempting to throw them off the trail of her lover,
Dan Bosniak. While many of Sam and Julie's friends flought
(17:02):
to the police, to party the police station to help
investigators in any way that they possibly could, Rachel was
too busy due to attending appointment and a possible bachelorette party.
Rachel Buffett lied to the police, She lied to her friends,
she lied to the local and national newspapers, and she
(17:25):
lied to the nation when she appeared on national TV
proclaiming her innocence. Some of the many lives included number
one claiming a third person was with Sam and Dan
as they left her apartment to get money. Rachel stated
to the police that she saw and she did not
(17:47):
recognize the third person and that he did not live
in the apartment. He didn't live in the apartment complex.
We later learned that there was no third person. The
third person was fictitious created by Dan and Rachel. Another
lie I was claiming Sam told her that he had
(18:07):
family problems. This lie echoed what Dan Molniak was texting
Julie in the guise of Sam to Lord Julie to
Sam's apartment. There were no family problems, your honor, and
Rachel was backing Daniel's necks lies. Yet another lie was
claiming fictitious people had given them money. Rachel never even
(18:29):
mentioned Chris Williams, who we discovered did lend Dan and
Rachel the money. We heard that Rachel and Dan were
being questioned by the friends that night I found Julie's body,
And what was her response during that time? No, Dan,
And this is what I've heard is that's not effing happened.
(18:49):
You're effing up my own story. Oh my god, you're
screwed up memories, are screwing up my story. Just shut up. Dan.
Does this sound like a woman who's trying to tell
the truth. But the line of questioning your honor that
haunts me the most is that Rachel Buffett tries to
(19:10):
pin Julie's murder on our sons, Sam. Rachel saw Dan
give Chris Williams the four dollars on two thousand and ten,
immediately after Sam was murdered. As a matter of fact,
she calls Chris or they speak and she told him
that he dropped twenty dollars. But five days later, five
(19:31):
days after this, when police asked Rachel, what did Dan
do with the four dollars he returned with. Rachel responds
and I quote, he could have given it to the
loan Sharks or he meaning Dan could have given it
the money to Sam. That's possible. He could have given
(19:52):
Sam to three dollars. And I need to repeat this.
She said, he could have given the four dollars to Sam.
That's possible. He could have given Sam the three dollars.
That's five days after you saw Chris give Dan the
month Dan give Chris the money. You know, if Rachel
(20:13):
Buffett had just stopped and told the police that Dan
had given the four dollars to loan Sharks, that would
have been a bad enough lie. But when she adds
that he could have given the money to Sam, she's
helping support the narrative that was planned by Dan Mosniak
and possibly Rachel herself, Your honor, Rachel Buffett is throwing
(20:36):
Sam our Son under the bus after Sam gives him
a hundred dollars for a wedding present. What does Rachel do?
She throws him under the bus. That was the whole
narrative of the murder to murder, the murder plot to
murder Julie and blame Sam. How the hell am I
supposed to feel about that when I see her right there?
(21:00):
The purpose of a victim's statement is how this affects
my wife and me. Obviously we're devastated, and we still
are a large part of our lives died that terrible
day we lost our only child. To know we will
never see Sam again, never hear his voice again, and
(21:21):
never touch and give him hugs again is a feeling
that no parent should ever know. I can still say
I love you, but it's done. Standing over Sam's grave
at the Riverside National Cemetery, which I have visited every
week due to the past eight and one half years.
(21:44):
This brings us here today for Rachel Buffett's sentencing. You know,
I did some research on this, essentially after the fact
of murder. In quite a few states, the penalty can
be from ten to fifteen years in prison. As a
matter of fact, if Rachel had been tried in federal
court right here across the street in Kieran, California, which
(22:07):
is a possibility since Sam was murdered, on a government base.
She could have received a sentence for up to fifteen years.
I've been told that Miss Buffett can receive up to
forty four months in prison for the crime she was
found guilty of. Rachel Buffett deserves the harshest punishment possible.
(22:30):
Rachel knew exactly what she was doing. She could have
saved us eight years and six months of grief by
not lying to the police. Rachel Buffett was offered deals
but refused to take them, dragging the families of ourselves
and the Kibbui. She's to another trial where heinous atrocities
and painful memories were relieved. Did Rachel think about Sam
(22:54):
and Julie? No? Did Rachel think about the families of
Sam and Julie? No, Rachel just thinks about Rachel. You
your honor along with everyone else who observed the hearings,
saw and heard Rachel's lies. If Miss Buffett or anyone
(23:17):
else asks for leniency regarding the sentence, just ask yourself this.
Did Rachel Buffet show any compassion towards Sam, Julie or
the families? She showed none. Did Rachel Buffet show any
remorse or accept any responsibility about lying these past eight
and a half years, she showed none whatsoever. Justice must
(23:44):
be served Rachel Buffett's lies and deceptions. Demand Rachel received
the maximum penalty allowed now, regardless of what that sentences. Whatever,
regardless of the maximum sentences, Rachel eventually get out. She'll
get out. She will eventually we be with her family again.
(24:05):
She will, she will be able to see them, she
will be able to talk to them, she will be
able to hold them. As stated earlier, my wife, Raquel
and I we will never see here or touch our
Sam ever again. The Kibusis will never see, never hear,
(24:28):
or never touch their wonderful daughter Julie ever again. Please
your honor here our cries sentence Rachel Buffett for the
maximum penalty allowed. Thank you very much, Mr. And Mrs
her Anything else on behalf of the people. Does the
(24:48):
defendant wish to address the court? She's not required to,
but she may, she would, she may. I have always
wanted to express my condolences to the Hair and Kipiishi
(25:09):
families and offer support, but I assumed that any contact
for me, a complete stranger before this case, would not
be welcomed or helpful. So I just thought to be
respectful by giving them space. I hope my silence has
not been misinterpreted as callous. I'm also so sorry that
(25:29):
any of my actions caused more pain to the Hair
and Kish families. I wish Sam and Julie were still here.
I wish I could have done something to save them.
I wish I never met Daniel Wasniak. I wish I
never let him into my life. I wish I saw
him for the liar in the manipulator he was from
(25:50):
day one. And I wish there was something I could
do to fix this. Now. My heart was out to
the Hair and Kipish families, and they will always be
in my thoughts and purse anything else on behalf of
the dependent And Now, after weighing the evidence and the
(26:16):
mitigating and aggravating circumstances, Judge Hansen declares her sentencing determination
for now convicted felon Rachel Buffett, Miss Buffett, as I
decide what the appropriate sentence is, I recognize that the
pain that the Her and Creepy Wush families have suffered
(26:38):
as lifelong. I recognize that they lost their child not
at your hands, but at Mr Wosniac's hands. However, you
are here today not because of the actions of Mr Wosniac,
but because of your own actions. As I read letter
after letter in support of you, the court is well
(27:02):
aware that you have friends and family who are willing
to support you. However, as I listened to all of
the evidence introduced at the trial, and I read your
statements to probation, and I hear your statements today, I
am struck by a feeling that you have never appreciated
(27:28):
the gravity of the crimes that you committed. Time and
time again. I hear from those who love you and
are prepared to support you, that you were naive or
somehow innocent, But that's not what the evidence demonstrated in
this trial. You acted on your own when you stood
(27:51):
before those Cousto Maca police officers who are investigating the
debts or at that point in time, the missing and visuals,
and you lied. And those lies, when you consider them
in relationship to the statements Mr Wosniac made, leaves this
(28:12):
court to believe you plan those statements. It wasn't a
spur of the moment decision that you made to protect
your fiance, but there was thought and care taken in
terms of the narrative that you were providing to law enforcement.
So as I make my findings in terms of determining
(28:33):
what the appropriate sentence for you should be, Counsel I
will tell you I'm going to state the sentence in
terms of attentative UM, giving each of you an opportunity
to correct any legal errors the court may make UM,
so that I may correct them today. First, I would
note the defendant is eligible for probation, so the court
has considered all of the California Rules of Court four
(28:56):
point four one four That sets forth all of the
factors that I must consider in determining whether or not
you are a suitable candidate for probation. I would note
you were an active participant in this crime. In fact,
this crime that you stand before the court convicted of
was committed solely by you. It was deliberate, it was
intentional um. And you intentionally misdirected law law enforcement UH
(29:23):
and you provided a false, false alibi to Mr Rose
Nand this crime was not committed because of any unusual
circumstance which is unlikely to recur again. You intentionally and
willfully committed these crimes. H. You have no prior criminal record,
that is something I am required to take into consideration,
(29:44):
and you have expressed a willingness to comply with the
terms of probation. However, my belief that you are is
that you're not credible as to that aspect. I don't
believe you have any recognition or admission and as to
the severity of your actions, um And because of that
(30:04):
whing all of those factors, I have made a decision
to deny probation in this case. Council does either side
wish to be heard regarding those findings on behalf of
the people, on behalf of the defendant. Now, this crime
is punishable Persuanto Penal Code Section eleven seventies subsection h UH.
(30:26):
The sentence in this case is a sentence that is
served in the local jail because it is not eligible
for a state prison sentence under eleven seventy h. In
terms of making a determination as to the length of
the sentence, I would note that count one will be
selected as the principal based term. When I make a determination,
(30:47):
and I evaluate all of the rules of court that
tell me what the aggravating and mitigating factors that I
should consider are, I make the following findings. I do
believe that there are circumstances in aggravation as it relates
to the CRA crime, namely four point four to one
Subsection A Subsection eight. The Court does find that the
crimes were carried out with some degree of planning and
(31:10):
some degree of sophistication above and beyond a typical accessory
after the fact. Again, and I make this finding based
upon the belief that you and Mr Wolsniac pre planned
some of this false information that was provided to law enforcement. Uh,
there are no aggravating factors as it relates to you
(31:32):
in terms of circumstances in mitigation. There are no mitigating
factors as it relates to the crime itself. There are
mitigating factors as it relates to you because you have
no prior record of criminal conduct. When I wag those factors,
(31:54):
I decide that neither h is of greater than the other.
And the Court is going to exercise its discretion to
impose mid term on count one. Mid term on account
one is eight two years as to count to the
(32:15):
court considers the factors to determine whether or not the
sentence on Account two should be concurrent or consecutive. The
Court is going to exercise its discretion and impose a
consecutive term on count too, because I do believe that
there was an independent objective and intent on each of
these separate crimes, and I do intend to sentence you consecutively. Accordingly,
(32:41):
you will be sentenced to one third the mid term
for a period of eight months that will be consecutive
to the sentence. Account to this concludes the sentencing, you
are remanded to the custody of the Orange County Sheriff's Department.
Thank you, counsel we during racists. With the trial now concluding,
(33:04):
the spectators, including family and friends, are ushered out of court,
with the media and their crews not far behind. The
word is quickly spread that a formal press conference is
about to take place on a lower level in the
court house. As the crowd slowly moves to the elevator, banks,
others choose the stairs so as not to be late
(33:25):
in intending what media folks call a pressor an event
which I and my sleuth team attended as well. What
promised to be a happy moment of closure for Stephen,
Raquel Hare and June and Massacbyushi turned into an event
that the prosecutor Matt Murphy chose to roast me and
(33:46):
my podcast. I want to give you a chanter, but
is your position that Daniel Wats actually not be on
death row? Are your pleasing? Next on Sleuth, you will
(34:15):
hear the full unedited press conference, along with the conversation
I had with Sam Hare's father, Steve, who approached me
after wishing to confront my decision to not censor my
podcast guests defense counsel Scott Sanders. Mr Hare remains quite
upset that Mr Sanders was offered a platform to express
(34:38):
his right to his own legal positions regarding his defense
of Dan Wazniak. Sleuth invited Mr Sanders to come on
our podcast to speak his opinion about certain rulings Judge
Connolly made in his client Dan wisni ex capital case,
while Sleuth offered both Mr Hare and Mr Sanders the
chance to speak about f soode three, the episode in
(35:02):
question that mentions Sam Harre's passed when he himself was
charged with murder. But mister Hare felt he wasn't given
the opportunity to have the last word. But he was,
and he still does have that chance to come on
this podcast whenever he wishes to speak his mind regarding
any issue he has with Sleuth. If you enjoyed this
(35:26):
episode of Sleuth, share it with a friend and be
sure to leave a rating or review. Follow Sleuth on
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