A California teen is strangled and buried alive. Inside her household’s combat to maintain her killers in jail.

It was Sept. 18, 2003 when Justine Vanderschoot’s stays had been found in a distant location greater than two weeks after she disappeared. But it surely’s within the backyard outdoors her bed room window the place her mother and father Don and Lynnette nonetheless come to seek out her.

Lynnette Vanderschoot: It is … 21 years since we have misplaced Justine … however it’s nonetheless very contemporary in our thoughts.

Mementos of their youngest little one and condolence flowers that poured in after her loss of life are actually completely rooted right here.

Lynnette Vanderschoot: We name this Justine’s Backyard.

On the heart is a towering dogwood tree — a reminder of her favourite journeys to the Sierra mountains and a sobering measure of how lengthy she’s been gone.

Lynnette Vanderschoot  (in Justine’s Backyard) Once we celebrated the seventeenth anniversary, Christine mentioned she’s been gone so long as she was right here on earth.

Justine’s older sister Christine sums up what these years have been like for her in a single phrase.

Christine Vanderschoot: Lonely. She was my finest pal …We had been solely 18 months aside … We did just about every thing collectively since day one.

Natalie Morales: How would you describe Justine? What was her persona?

Christine Vanderschoot: Vibrant, charismatic, simply lifetime of the occasion … She … made you chortle each time she’d say one thing.

Don Vanderschoot: She was a spark in our family that is for certain.

Lynnette Vanderschoot: Little firecracker (laughs) … Cheerleader, baseball, soccer. She was all the time on the go. 

At 17, Justine was on the verge of graduating highschool and wished to pursue a profession in trend and sweetness.

Natalie Morales: Did she know what she wished to do in life after highschool?

Christine Vanderschoot: She would sew and design her personal shirts and sneakers. … She needed to stand out and … that was what she wished to do for different individuals was make them stand out and really feel lovely.

A FAMILY’S FIGHT BEGINS

As an alternative, her household is now compelled to grapple along with her homicide and its aftermath.

Don Vanderschoot: I do not ever need to neglect about her, however I do not need to be reminded of what occurred.

Natalie Morales: But it surely’s not really easy to simply pack it up and put it away, proper?

Don Vanderschoot: No, it isn’t.

In actual fact, the Vanderschoots say it stays an open wound due to ongoing efforts by Justine’s convicted murderers — Danny Bezemer and Brandon Fernandez— to get out of jail.

Retired Placer County Sheriff Ed Bonner.

Ed Bonner: Together with parole hearings … I believe the Vanderschoots have been again to courtroom seven occasions … the final seven years, all the time going through the chance.

It is laborious to think about that each males had been as soon as welcome within the household’s dwelling. First got here Brandon.

Christine Vanderschoot: I consider it was most likely seventh or eighth grade that I began to change into associates with him.

Just a few years later, he launched the Vanderschoots to his pal Danny.

Christine Vanderschoot: It was really at a birthday celebration for me … We had a pool occasion. … And Danny was really coming to the home to fulfill me.

But it surely was Danny and Justine who clicked. And whereas she was solely 15 and he was about 17, they rapidly turned critical.

Christine Vanderschoot: From that occasion on, they had been all the time — all the time collectively.

Natalie Morales: They … even talked about maybe getting married, is that proper?

Christine Vanderschoot: Yeah … they had been very critical. … he turned form of like a fixture in our household.

Christine Vanderschoot: His dad wasn’t actually within the image … and he did not actually have a mother. So to come back into our family and see how an actual household was, I believe that was one thing that he was drawn to as nicely.

The Vanderschoots supplied Danny the assist and stability of a contented household life.

Christine Vanderschoot: I thought-about him like a brother virtually.

THERE WERE WARNING SIGNS

Don even obtained Danny his first actual job working with him at an auto dealership, and his personal key to the home. However trying again, the Vanderschoots now see purple flags they did not acknowledge then.

Don Vanderschoot Controlling.

Christine Vanderschoot: Telling her who she might see and who she could not … monitoring her texts and her cellphone calls. … her frustrations had been actually beginning.

Lindsey Morris was Brandon’s girlfriend and says Justine confided in her about issues with Danny.

Lindsey Morris: He was so jealous and really possessive over her. She could not exit and hang around with associates with out him freaking out and getting upset, and pouting. … She even mentioned, “I do not know if I break up with him … if he’ll ever actually let me go.”

Christine Vanderschoot: In the direction of the top … she was making an attempt to pursue sure issues … he was making an attempt to carry her again from … he did not need something to vary.

Natalie Morales: And she or he was kind of rising up and perhaps rising other than him at that time?

Christine Vanderschoot: Sure. I believe so.

Retired Placer County Detective Angela Ford says Danny’s fears of Justine leaving him reached a fever pitch in April of 2003, when Justine met somebody throughout a spring break journey to Florida.

Angela Ford: Justine had developed a friendship with a Navy sailor there at Pensacola.

Natalie Morales: Did she inform you in regards to the man she met in Florida?

Lynnette Vanderschoot: She did. … she favored him. … I believe it form of opened her eyes.

Angela Ford: When Justine got here again, she was positively speaking about this man. … And telling all of her associates about how superb he was, and the way engaging he was, and the way she wished she might spend extra time with him. … Danny had gotten wind of this.

Christine Vanderschoot: He thought he was shedding her.

They usually say Danny turned consumed with the concept that Justine was dishonest on him.

Lindsey Morris: Danny had requested me would I be prepared to put on a wire so I can get her to admit this. … He wished the proof. I informed him, completely not.

And there was one other troubling dynamic amongst Justine, Danny and Brandon.

Angela Ford: As soon as Justine got here into the connection, their friendship wasn’t the identical because it was earlier than.

Justine believed Brandon was a serial cheater and a foul affect, so she gave Danny an ultimatum – her or him. Danny and Brandon misplaced contact for a couple of 12 months, however by late 2002, they reconnected and determined to change into roommates.

Natalie Morales: It was a triangle that was kind of poisonous at that time.

Christine Vanderschoot : Precisely. Um, and it form of actually fueled when Danny and Brandon moved in collectively.

Justine continued to be a thorn in Brandon’s aspect.

Lindsey Morris: Brandon hated Justine with a ardour … would always say … that she was a whore, and that she would — manipulated Danny.

In 2003, a couple of days earlier than Labor Day, Justine attended a celebration at Danny and Brandon’s residence.

Lindsey Morris: We sat … on the entrance porch, simply speaking … And we each agreed … that we had been gonna do away with these guys … and that we wished a contemporary begin … and that we might do higher.

Ed Bonner: Justine was on the point of go to the subsequent stage. Danny was not going to permit it.

SEARCHING FOR JUSTINE VANDERSCHOOT

Within the early morning hours of Tuesday, Sept. 2, 2003, Lynnette Vanderschoot discovered her daughter’s bed room empty and her truck gone from their driveway.

Ed Bonner: This was so uncharacteristic of their daughter, so totally different from any behaviors previously.

[KOVR News report] LYNNETTE VANDERSCHOOT (displaying Justine’s purse):  She has no cash, no ATM, no bank card, no — no identification on her in any respect.

Justine’s household frantically turned to the group for assist.

Ed Bonner: The Vanderschoots … passionate … they usually obtained organized.

[KOVR News report] CHRISTINE VANDERSCHOOT (holding lacking poster): That is my sister. She’s been lacking since Tuesday.

Don Vanderschoot: We went via all of Auburn hanging the lacking poster flyers, tying the pink ribbons round ‘trigger pink was her favourite coloration.

[KOVR News report]  LYNNETTE VANDERSCHOOT: Justine, we love you. We’re all out searching for you … Please name us and tell us you are OK.

Fairly quickly, everybody was searching for Justine. Some searchers wore T-shirts with Justine’s picture and reward info printed on them.

Natalie Morales: Was Danny aiding in any of those search efforts at first?

Angela Ford: Danny confirmed up various occasions and he would put on the T-shirts … he appeared actually involved.

The primary break within the case got here when Justine’s truck was positioned at a park and journey about 5 miles from the Vanderschoot dwelling.

Ed Bonner: As soon as we had that, then our perception was that, you already know, she was not far.

Matt Scribner was out using his horse when he noticed searchers gathered on the park and journey. Like many within the space, he had seen studies of Justine’s disappearance.

Matt Scribner: I assumed, nicely, they may be looking this space as a result of on the time … there was a direct entry from the park and journey to this space.

Per week earlier, he had seen a freshly dug gap alongside the path. However as he rode via once more this time —

Natalie Morales: Did you discover something totally different?

Matt Scribner: The opening was not there anymore. … There was particles excessive of it.

However the significance of that might not change into clear till later.

Matt Scribner: I wasn’t considering like that.

Natalie Morales: No person thinks like that.

Because the search continued, Placer County District Lawyer Morgan Gire says investigators thought-about the chance that Justine had left the state.

Morgan Gire: The park and journey is positioned on a really busy interstate, Interstate 80 that runs the — the size of our nation. … Now we have a automotive that’s locked and appears as if it was left deliberately. … did she meet somebody there and bounce on the freeway?

Danny had informed detectives early on in regards to the Navy man Justine had met in Florida.

Angela Ford: Danny was really one of many first individuals to say nicely, perhaps she’s off in Florida as a result of there’s some man she likes in Florida.

Ed Bonner: It’s a must to assume every thing’s potential. … Our detectives made contact with the Naval Intelligence Service. … They tracked him down instantly. Growth.

Angela Ford: They did … an in depth interview with him … And it was decided that he did not have something to do along with her disappearance.

Ed Bonner: Danny, nonetheless, saved throwing that on the market.

Danny informed the media a couple of unusual name he had obtained.

[KOVR News report] DANNY BEZEMER: There’s been an inquiry to my credit score in Florida. Somebody tried to get a bank card there and I am actually hoping it is Justine.

Her family members clung to the hope that she was nonetheless alive, and thought she was probably being held in opposition to her will.

In the meantime, Danny seemed to be the distraught boyfriend on the native information.

DANNY BEZEMER | KOVR Information report: Two-and-a-half years of my life have been dedicated to that woman. And now that a part of my life is gone.

Holding a photograph of Justine and an engagement ring appraisal, he made his personal plea.

[KOVR News report] DANNY BEZEMER: She means extra to me and her household than she does to you. And whoever it’s wants to simply let her go and let her come dwelling.

However suspicion was rising round Danny, and associates had been coming ahead about his poisonous relationship with Justine.

Ed Bonner: Danny’s possessive. He is jealous … he is offended. … he believes Justine is dishonest on him. He is angrier, and all these issues start to roll.

Detectives additionally started trying deeper into his relationship with Brandon.

Ed Bonner: As we interviewed increasingly individuals, discover these guys had been collectively … Typically, what they did, they did collectively.

Morgan Gire: By most accounts, Danny kind of regarded as much as Brandon. Brandon was identified to be sensible, considerably crafty … He kind of had an edge to him.

They’d some issues in widespread, like juvenile brushes with the regulation.

Morgan Gire: Danny Bezemer had a historical past of thefts, burglaries, possession of stolen property … Brandon Fernandez had been prosecuted … for, basically, pc hacking …

Lindsey Montoya: For anyone who was a complete geek, he was very, very assured in himself. … Danny was extra of a follower.

And detectives realized they shared a disturbing fixation with homicide.

Ed Bonner: They talked about killing individuals. … They talked about disposing the our bodies … beating polygraphs … nicely earlier than the disappearance of Justine Vanderschoot.

Lindsey Montoya: He had informed me … there is a couple spots the place if I ever wished to kill you, no person’d ever discover you. … This was … one thing he had simply mentioned as a joke …

Brandon had created a web site rating ranges of violence.

Ed Bonner: He had … footage of individuals useless, dying.

Morgan Gire: Issues that provide you with chills up the again of your neck.

Natalie Morales: One of many ranges mentioned serious about committing some type of violence, however not doing it. One other stage talked about committing the violence contemplated on an animal. I imply, that is not regular habits for a younger man.

Morgan Gire: It’s not regular habits. And it’s definitely according to those that discover worth and thrill in killing different human beings.

Investigators questioned Danny and Brandon all through the investigation. Each of them mentioned that they had spent the night alone collectively of their residence.

Ed Bonner: The truth that every boy was the opposite’s alibi is a purple flag.

And that wasn’t the one purple flag. As detectives retraced Justine’s final steps, they knew her cellphone shut off within the space the place her truck was discovered. However then, they discovered one thing very fascinating.

Ed Bonner: They obtained the final two incoming telephone calls to her on the evening she was murdered. They had been each from Brandon Fernandez.

THE FBI ASKS BRANDON FERNANDEZ A KEY QUESTION

Because the seek for Justine Vanderschoot entered its third week, there was no signal of the lacking teen — alive or useless.

Ed Bonner: We had no physique. We did not have so much.

Sheriff’s detectives determined to up the ante. They enlisted the assistance of the FBI to interview Danny and Brandon once more.

Ed Bonner: We would have liked to separate them, primary, however to have one roll on the opposite.

On Sept. 17, 2003, detectives questioned Danny Bezemer at sheriff’s headquarters.

DET. PIAZZA (sheriff’s interview): Inform me why you did not do it?

DANNY BEZEMER: As a result of I used to be sleeping.

The identical afternoon, Det. Angela Ford and FBI Agent Jeff Rinek and his associate drove Brandon Fernandez from his job to the FBI constructing in Sacramento.

Natalie Morales: Did he appear nervous? I imply –

Agent Jeff Rinek: No.

Natalie Morales: — when the FBI reveals up at your job and desires to speak to you.

Agent Jeff Rinek: He did not appear nervous. … He appeared like he had nothing to cover.

Brandon informed the brokers he had Jet Skied all day with co-workers and after going dwelling he went out to run an errand as a result of he wasn’t feeling nicely.

BRANDON FERNANDEZ (FBI interview): I went right down to, uh, get a V8 Juice … I had the flu at this level.

He mentioned he obtained pulled over for working a cease signal and by accident referred to as Justine – twice.

BRANDON FERNANDEZ (FBI interview) Justine’s cellphone’s proper subsequent to my girlfriend’s quantity.

He mentioned he returned dwelling and went to mattress. Brandon mentioned Danny had additionally been dwelling, after having dinner with the Vanderschoots. However the brokers had been about to catch Brandon in a giant lie.

Ed Bonner: Danny and Brandon first mentioned no, we had been by ourselves. Effectively, no, it seems that they weren’t.

Sheriff’s detectives had obtained a tip from Brandon’s cousin, Clayton Cole. He informed them that he and a pal had stayed at Brandon and Danny’s place the evening Justine went lacking and noticed them go away.

Angela Ford: They usually knew that Danny and Brandon did not come again till a lot later.

AGENT JEFF RINEK (FBI interview): We’re gonna play one thing to you.

BRANDON FERNANDEZ: What is that this?

Morgan Gire: What Brandon did not know is that the investigators … had … a recorded telephone name …

After receiving that tip, detectives had requested Clayton to name Brandon and recorded the dialog.

CLAYTON COLE (on recorded name): I talked to my dad about this entire Justine factor, and I’ve to go to the cops in the present day …

On the decision, Brandon repeatedly informed Clayton to mislead police, and to say that Clayton and his pal weren’t there that evening.

BRANDON FERNANDEZ (on recorded name): … dude. Look, when you, significantly, like if, when you guys say something totally different than that, it f**** us unhealthy.

Angela Ford: And at that time … he knew we had much more info …

With Brandon now rattled, Rinek requested a key query.

AGENT JEFF RINEK (FBI interview) Have you ever ever seen anybody die? Brandon …

BRANDON FERNANDEZ: Sure. (Brandon hangs his head)

Agent Jeff Rinek: He went white.

Brandon broke and admitted he knew the place Justine was. However first, he mentioned he wanted safety — from Danny.

BRANDON FERNANDEZ (FBI interview): Can you’re taking me someplace protected? … Are you able to deliver my girlfriend someplace protected?

Natalie Morales: He desires to inform you just a little bit extra, however he is pointing it in direction of Danny.

Agent Jeff Rinek: It is all in direction of Danny. … I had nothing to do with it.

BRANDON FERNANDEZ (FBI interview)  He is scary clever …  He has constructed every thing in lies. He is a good actor … he is a monster.

AGENT JEFF RINEK: How lengthy was it deliberate to harm Justine?

BRANDON FERNANDEZ: Lengthy … He had deliberate it ceaselessly, virtually.

Brandon informed them he knew Danny had tapped Justine’s telephone to catch her dishonest and confront her.

BRANDON FERNANDEZ (FBI interview) I did not know what was gonna occur …

However Brandon insisted he had no thought Danny would search revenge that evening. He says so far as he knew they had been simply going to fulfill up with Justine to steal marijuana crops from a farm. He now mentioned these calls to Justine’s telephone had been him making an attempt to come up with Danny to again out.

Angela Ford: And … Danny mentioned, “no, man, it is advisable to come up right here.”

Brandon mentioned he met up with Danny and Justine on the park and journey round midnight they usually obtained in his automotive — with Danny giving instructions. When he parked, he mentioned Danny wished to speak to Justine alone, so he walked away for a bit.

BRANDON FERNANDEZ (FBI interview): I went down this hill … I used to be trying round and I figured oh, he is nonetheless up there for some time.

After a couple of minutes, he says he heard the automotive horn adopted by a scream. He hurried again to seek out Danny had strangled Justine — his fingers nonetheless round her neck and a taser subsequent to her lifeless physique.

BRANDON FERNANDEZ (FBI interview): He checked out me, he simply was psycho. His eyes had been simply bulging out and he was laughing … he was saying “I win, I win.”

Brandon mentioned these phrases had been in reference to a track referred to as “The Recreation“ that Danny had enjoying on a loop in Brandon’s automotive, a soundtrack to her homicide.

Morgan Gire: The lyrics element … a girlfriend’s infidelity and her final homicide by her boyfriend. … and interspersed with that track are vignettes of Justine’s personal phrases as she’s speaking both to a different boy or about one other boy.

Natalie Morales: And a number of the lyrics — simply excruciating. … “You all the time wished individuals to recollect you. … do not you already know your want is coming true in the present day? One other sufferer dies tonight.” The worry that she will need to have confronted.

Morgan Gire: I can solely think about … For those who noticed it in a film, you most likely would not consider it.

Although Brandon had initially mentioned Justine was useless when he made it again up the hill, his story started to evolve.

Agent Jeff Rinek: What he was doing was … slowly placing himself on the scene of the loss of life.

AGENT JEFF RINEK (FBI interview): Did you hear her exhale?

BRANDON FERNANDEZ: Sure. … It was like, it was like a — a very screwed up breath … it —  it like saved occurring …

Morgan Gire: In line with Brandon, she was nonetheless alive at that time. And in addition in keeping with Brandon, she was already useless at that time. His personal statements internally are inconsistent and display the place he is making an attempt to mislead get out of this.

Brandon mentioned Danny eliminated her clothes and put her in a grave they dug that evening and poured a liquid over her to decompose the physique. He says he prayed for it to finish.

BRANDON FERNANDEZ (FBI interview) I mentioned “Please, simply go.”

AGENT JEFF RINEK: You wished her to die so it might be over.

BRANDON FERNANDEZ: I assumed she may need nonetheless been alive however he was gonna do one thing extra brutal if she was.

Agent Jeff Rinek: He is watching her die.

Natalie Morales: And he isn’t serving to her.

Agent Jeff Rinek: And he isn’t serving to her, no.

However Brandon mentioned he was scared Danny would kill him, too.

BRANDON FERNANDEZ (FBI interview): He made me bury her and he made me promise and say that I used to be his brother … that I might by no means say something. And he mentioned he would kill himself … or others. … after which he had talked about my girlfriend and Justine’s household. He mentioned he was gonna take them out subsequent. 

After a four-and-a-half-hour interview, Brandon agreed to take them to the scene.

Angela Ford (at crime scene): … It was about 9:30 at evening.

Natalie Morales: So darkish, strolling via this. I can solely think about.

Angela Ford: Sure … Once we first pulled as much as come right here, there was one thing shiny on the bottom … It was a bit of her jewellery. It was two little cherries put collectively.

Just a few yards away, in a clearing among the many bushes, her grave lay hidden underneath an outdated mattress.

SGT. MCDONALD: Danny?

DANNY BEZEMER: Sure.

SGT. MCDONALD: I am Sergeant McDonald … I wanna present this to you … 

It wasn’t lengthy earlier than detectives knowledgeable Danny — who mentioned little or no throughout his six-hour interrogation — that they’d discovered the gravesite.

SGT. MCDONALD: I simply obtained again from there. … Guess who took us there … and guess who he is blaming for the entire thing?

The following morning, a crew of investigators digging via the laborious clay filth, unearthed Justine Vanderschoot’s stays.

Ed Bonner: There is a reduction after which there may be ache.

Danny and Brandon had been each arrested and charged with Justine’s homicide. After two-and-a-half weeks, the search was lastly over. However justice would show elusive.

DANNY BEZEMER TELLS A DIFFERENT STORY

Christine Vanderschoot: I drove dwelling … And … I see the chaplain, and I see detectives and my mother’s crying … my dad mentioned “your sister’s not coming dwelling” … I handed out, actually.

Natalie Morales: And it is nonetheless laborious to relive that second.

Christine Vanderschoot: Yeah.( Christine’s eyes nicely up with tears)

On Sept. 18, 2003, Justine’s household shared their heartbreak with the group.

Ed Bonner: I virtually sensed Lynnette simply crumbling. And I put my hand on her shoulder. I simply form of propped her up. … And … we introduced that, uh, this household’s worst fears had come true. 

[KOVR News report] KURTIS MING: Danny Bezemer and his roommate, Brandon Fernandez had been arrested Wednesday.

[KOVR News report] DON VANDERSCHOOT (Christine and Lynnette subsequent to him, in tears): If the … two gents which might be in custody now … are accountable for this … uh, they should burn in hell.

Detectives interviewed Danny Bezemer once more and informed him they wanted details about Brandon Fernandez’s position within the homicide.

DET. PIAZZA (sheriff’s interview | 9/18/2003): Simply discuss Brandon, do not discuss Danny.

Believing Brandon has a take care of the FBI, Danny tried to haggle.

DANNY BEZEMER (sheriff’s interview | 9/18/2003): How can I get the identical, what Brandon’s obtained proper now?

DET. PIAZZA: Hear … I haven’t got the authority to play “Let’s Make a Deal,” OK?

Finally, he broke down and began speaking.

DANNY BEZEMER (sheriff’s interview |9/18/2003): I actually need to inform you every thing, I do. (crying)

Danny admitted he had began to strangle Justine, however then —

DANNY BEZEMER (sheriff’s interview | 9/18/2003): She mentioned 4 phrases that simply modified my thoughts … These phrases had been, “Danny, I like you.” (crying)

However, he mentioned Brandon was the one who inspired him to maintain going.

DANNY BEZEMER (sheriff’s interview | 9/18/2003):): He tells me “It is too late now. It is already tried homicide.”

Danny admitted he had poured drain cleaner over Justine’s physique however mentioned Brandon had poured it down her throat.

Angela Ford (with Morales on the crime scene) There was a black tarry substance on high of her, after which after the post-mortem, there was a black tarry substance inside her lungs …

Justine’s official explanation for loss of life was listed as homicidal violence. However additional testing prompt she had additionally ingested filth.

Morgan Gire: There isn’t a different method. … To be that far down and into the bronchial canals means she inhaled it. She was alive.

Considering the household’s needs to keep away from a painful extended trial, prosecutors on the time supplied a plea deal. As a situation of his plea settlement, Danny spoke with detectives once more and gave new particulars about Brandon’s position.

Natalie Morales: What was the story he began to inform?

Morgan Gire: Danny tells a narrative, in the end that entails Brandon because the mastermind … Brandon … is claiming he’s merely a sufferer of circumstance … And he panicked … and took part within the cleanup and the getaway.

Natalie Morales: So we all know the reality lies someplace within the center …

Morgan Gire: It actually does. And Brandon does a reasonably good job of incriminating Danny. And Danny does a reasonably good job of incriminating Brandon …

In 2005, Danny Bezemer pleaded responsible to first-degree homicide in alternate for a sentence of 25 years to life. Brandon Fernandez pleaded to second-degree homicide and obtained 15 years to life.

DON VANDERSCHOOT (to reporters outdoors the courthouse in 2005): A chunk of justice was served. … No less than we will put a few of this behind us.

Morgan Gire: A part of their plan was to … obtain a life sentence that allowed them to no less than change into eligible for parole, and perhaps have an opportunity sometime.

Justine’s household made it their mission to make sure that would by no means occur.

Brandon Fernandez got here up for parole in 2017 and was denied.

Christine Vanderschoot: Each time they get denied … that is justice for her.

The household breathed a sigh of reduction, however their lives would quickly be upended as soon as once more.

Morgan Gire: In 2018, California modified the regulation of homicide … In 2020, Brandon Fernandez filed a petition to get out of his homicide conviction based mostly on the brand new regulation.

The brand new regulation decreased the fault of defendants who did not really do the killing, like a getaway driver. Brandon wished to have his life sentence for second-degree homicide thrown out and to be resentenced as an adjunct after the actual fact.

Lynnette Vanderschoot: He nonetheless has not taken any accountability … He is responsible simply as a lot as Danny.

Brandon’s protection legal professional Steve Defilippis maintains his consumer was solely responsible of being taken in by Danny’s schemes.

Steve Defilippis: Clearly Brandon was … within the fallacious. … he should not have participated in … the quilt up of this, and that is what he did. … And completely he ought to be convicted of that. … However … should not be held accountable for a homicide. 

A decide presiding over the resentencing case in 2020 denied Brandon’s movement. However that ruling was reversed by the courtroom of appeals and despatched again as a result of yet one more shift within the authorized commonplace. Each side would now must combat it out in courtroom in an evidentiary listening to.

Morgan Gire: We needed to name all the witnesses, and we needed to show Mr. Fernandez’s guilt …

Steve Defilippis: The district legal professional has to show the case past an affordable doubt. And the decide has to make findings past an affordable doubt.

In Might 2024, it will be as much as Deputy DA Tim Weerts to show that Brandon Fernandez helped plan and perform Justine’s homicide.

Tim Weerts: As soon as they began kicking this concept round they – they constructed off one another.

His key witness was Danny Bezemer, who, over a number of days, testified how he and Brandon Fernandez had been “two pillars” within the plot to lure Justine to her loss of life.

Tim Weerts: Danny talks about how he does not wanna let Brandon down after they’re on the market digging the grave. … And Brandon says, this higher not be for nothing.

Danny described how he and Brandon assumed totally different duties.

Tim Weerts: Danny was gonna kill her and … Brandon was going to be concerned in … the cover-up aspect of issues … the forensics as he described it. … Brandon bought the chemical compounds that had been poured over Justine.

In line with Danny, he and Brandon pre-dug the grave over a number of days.

Tim Weerts: The final time they go to the grave earlier than they bring about Justine there may be that Monday … it is through the day, to test it out within the mild and probably do some digging.

And Danny says Brandon supplied the instruments used to dig, together with a pickaxe he took from his mother or father’s home.

Tim Weerts: After they kill Justine and bury her … they throw them over the fence at Brandon’s mother and father’ home and the police go and corroborate that. 

The prosecution says it discovered different proof at Brandon’s office that he by no means talked about, like items of the recording gadget used to faucet Justine’s telephone. And in his shredder, a receipt for a brand-new set of tires.

Natalie Morales: … he was already masking his tracks.

Angela Ford: The day after.

Morgan Gire: What we name … within the prosecution world, consciousness of guilt.

Brandon’s protection legal professional insists Brandon was solely making an attempt to cover his position within the cover-up, not the homicide. And he says that counting on Danny Bezemer’s testimony is an indication of the prosecution’s desperation.

Steve Defilippis: They do not have a case.

JUSTINE VANDERSCHOOT’S LEGACY

Don Vanderschoot: I usually surprise will I ever get 100% of the reality? I do not assume we ever will.

Natalie Morales: You assume he is nonetheless a hazard?

Lynnette Vanderschoot: Sure, positively.

Brandon’s protection legal professional Steve Defilippis says Danny Bezemer is the actual hazard and factors out it was Danny who broke bread with Justine’s household, realizing he was going to kill her that evening.

Steve Defilippis: This can be a Ted Bundy within the making … anyone who has no conscience, anyone who has no … empathy … for different individuals. … principally a psychopath.

And he argues Danny will say something in courtroom to enhance his possibilities of being paroled.

Steve Defilippis: He desires every thing to seem like Brandon made him do that. … he is at that time informed … both 4 or 5 totally different tales about what occurred.

In his cross-examination, Defilippis picks aside inconsistencies in Danny’s statements about Brandon’s involvement.

Steve Defilippis: You’ll be able to’t corroborate any of his story and that is intentionally finished by him as a result of he is aware of … that it will probably’t be refuted.

In actual fact, he argues that the proof contradicts Danny’s story. For one factor, he says if Brandon was actually in control of forensics, he would not go away a path of proof.

Steve Defilippis: The man who’s in control of forensics will not be going to do any of the issues that Brandon did. … Brandon takes … the shovel and leaves it at his … mother and father’ dwelling. … why would you place one thing concerned within the murder at your mother and father’ dwelling? … why would you drive your automotive as much as … the scene … realizing that you will go away tire tracks … on the filth … You would not try this.

And one other discrepancy: Danny’s declare that he and Brandon poured drain cleaner on Justine does not match the post-mortem findings. As an alternative, these outcomes point out she ingested methanol, a poisonous chemical compound present in a wide range of merchandise, however not drain cleaners.

However Tim Weerts counters that Danny has no cause to lie about that.

Tim Weerts: I do not know what concept underneath which the parole board would possibly look favorably upon Drano, however unfavorably upon methanol being poured on her … The one rationalization is that he is actually mistaken, and the one method he’d be mistaken is that if he wasn’t the one which purchased it.

And Defilippis says Brandon has an alibi for that Monday afternoon earlier than the homicide when Danny claims they went to the gravesite.

Steve Defilippis: We all know that Brandon was up on the lake … that day.

Weerts factors on the market was a two-hour window when Brandon left to choose up instruments to repair a damaged Jet Ski.

Tim Weerts: It is simply not an alibi. There’s loads of time for him to have finished what he mentioned.

Defilippis says the timing nonetheless does not match up with Danny’s story.

Steve Defilippis: Danny additionally mentioned that the digging was later within the day. It was not within the morning time, which is when Brandon … obtained the instruments and went again.

However the prosecution argues that the protection cannot get round Matt Scribner’s testimony that he noticed a freshly dug gap three days previous to the homicide, which is according to Danny’s account of digging the grave over a number of days.

Tim Weerts: This wasn’t a panic dig that they did on the final minute, the place Brandon’s terrified for his life …

Tim Weerts: The way in which it really pans out … Brandon is given immense energy. … Brandon is aware of the place the physique is.

After greater than two weeks of testimony, the decide will get the case. If Brandon’s movement is granted, he’ll stroll free. It is a acquainted worry for the Vanderschoots.

Lynnette Vanderschoot: The fingers shaking, simply making an attempt to prepare.

Don Vanderschoot: Completely. Simply brings the feelings up once more. … You do not know what to anticipate …

On August 1, 2024, earlier than a courtroom full of the Vanderschoots and their supporters, in addition to Brandon Fernandez — who appeared by way of video convention — and his mother and father. The decide issued his ruling.

Natalie Morales: Was there a palpable concern for the Vanderschoots that … one in every of their daughter’s murderers … might go free?

Morgan Gire: That worry, that concern, you possibly can lower it with a knife.

Cameras had been allowed in courtroom, however audio couldn’t be recorded. The decide denied Brandon Fernandez’s movement and upheld his conviction.

Christine Vanderschoot: So, I used to be very nervous … I let loose a giant sigh as quickly as he mentioned it so it was simply, “yay.” … feels actually good. Some justice.

Lynnette Vanderschoot: Justice for Justine once more. He didn’t get out. Very relieved.

The decide mentioned it was troublesome to parse the reality from lies informed by each Danny and Brandon, however he mentioned in the end it was evident Brandon was in on the homicide plot and simply led investigators to Justine’s physique via rugged terrain at nighttime.

Natalie Morales (on the crime scene with Ford): Brandon introduced you right here … and pinpointed precisely. I imply he knew precisely the place it was.

Angela Ford: He did. … He gave us directions and even mentioned “you would not discover it by yourself.”

The ruling is a giant win for the Vanderschoots, however solely momentary reduction.

Lynnette Vanderschoot: In two years … we have two extra parole hearings developing.

Christine Vanderschoot: We’re not going away. We’re by no means giving up.

Don Vanderschoot: I will be — I will be there with my cane.

They’re important of evolving legal guidelines which have allowed Brandon Fernandez to maintain relitigating his position in Justine’s homicide.

Christine Vanderschoot: I form of like really feel at occasions … we have been on pause. … We actually have not been in a position to transfer ahead as a result of now we have to relive it.

Natalie Morales: In issuing his ruling … the decide acknowledged that the authorized system can appear unfair … to the sufferer’s households and to survivors.

Morgan Gire: I wholeheartedly agree … oftentimes it feels as if the one rights we are attempting to respect are these of the convicted and the responsible … and never grieving relations.

Morgan Gire: That underlies the issues with this regulation, as a result of it decreases … individuals’s … religion within the system that there is finality.

It is one thing the Vanderschoots are attempting to vary by advocating for victims’ rights.

Christine Vanderschoot: We’re making an attempt to do every thing we will to forestall this occurring to anyone else’s household.

In addition they partnered with the Placer County DA to sponsor new state laws. Justine’s Legislation, because it’s referred to as, handed in 2023 and offers teen courting violence prevention training in excessive faculties all through California.

Natalie Morales: What would you like … Justine’s legacy to be now?

Lynnette Vanderschoot: To assist educate different girls and boys … even when it saves one life, it is value every thing.

Matt Scribner says he cannot journey via the paths with out considering of Justine.

Matt Scribner In a single facet, it is quiet, they’ve cleaned the world up. … it is lovely.

Natalie Morales: In some methods it is virtually like Justine is shining right here.

Matt Scribner:  I consider that. 

Lynnette Vanderschoot (in Justine’s Backyard): We consider her as hummingbirds come to us. Loads of occasions after we’re … again right here working in her backyard … I will have just a little hummingbird and she or he’ll come proper as much as my face and I will — I will speak to her and I consider her as she’s saying hello to me.

Brandon Fernandez is interesting the decide’s ruling.

He and Danny Bezemer have parole hearings scheduled in 2027 and 2028.

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Produced by Gayane Keshishyan Mendez. Greg Fisher is the event producer. Morgan E. Canty is the sector producer. Cameron Rubner is the affiliate producer. Ken Blum, Marlon Disla and Phil Tangel are the editors. Lourdes Aguiar is the senior producer. Nancy Kramer is the chief story editor. Judy Tygard is the chief producer.