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

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

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

Mementos of their youngest baby 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 middle 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 greatest buddy …We have been solely 18 months aside … We did just about all the things collectively since day one.

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

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

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

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

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

Natalie Morales: Did she know what she needed 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 needed to do for different folks was make them stand out and really feel lovely.

A FAMILY’S FIGHT BEGINS

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

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

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

Don Vanderschoot: No, it is not.

In reality, 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 feel the Vanderschoots have been again to courtroom seven occasions … the final seven years, at all times dealing with the chance.

It is onerous to think about that each males have been as soon as welcome within the household’s house. First got here Brandon.

Christine Vanderschoot: I consider it was most likely seventh or eighth grade that I began to turn out to be pals with him.

A number of years later, he launched the Vanderschoots to his buddy Danny.

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

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

Christine Vanderschoot: From that get together on, they have been at all times — at all times collectively.

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

Christine Vanderschoot: Yeah … they have been very severe. … he turned sort 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 return into our family and see how an actual household was, I feel that was one thing that he was drawn to as properly.

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

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

THERE WERE WARNING SIGNS

Don even acquired 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 pink 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 have 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 pals 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 attempting to pursue sure issues … he was attempting to carry her again from … he did not need something to alter.

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

Christine Vanderschoot: Sure. I feel 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 let you know concerning the man she met in Florida?

Lynnette Vanderschoot: She did. … she preferred him. … I feel it sort of opened her eyes.

Angela Ford: When Justine got here again, she was undoubtedly speaking about this man. … And telling all of her pals about how wonderful he was, and the way enticing 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 dropping her.

And so they say Danny turned consumed with the concept Justine was dishonest on him.

Lindsey Morris: Danny had requested me would I be keen to put on a wire so I can get her to admit this. … He needed the proof. I instructed 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 nasty affect, so she gave Danny an ultimatum – her or him. Danny and Brandon misplaced contact for a few yr, however by late 2002, they reconnected and determined to turn out to be roommates.

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

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

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

Lindsey Morris: Brandon hated Justine with a ardour … would continually 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 condominium.

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

Ed Bonner: Justine was on the brink of go to the following 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 (exhibiting 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 … and so they acquired organized.

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

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

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

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

Natalie Morales: Was Danny helping 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 house.

Ed Bonner: As soon as we had that, then our perception was that, you recognize, 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, properly, they is perhaps 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 by way of once more this time —

Natalie Morales: Did you discover something totally different?

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

However the significance of that may not turn out to be clear till later.

Matt Scribner: I wasn’t considering like that.

Natalie Morales: No one thinks like that.

Because the search continued, Placer County District Legal professional 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. … We’ve got a automobile that’s locked and appears as if it was left deliberately. … did she meet somebody there and soar on the freeway?

Danny had instructed detectives early on concerning the Navy man Justine had met in Florida.

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

Ed Bonner: You need to assume all the things’s attainable. … Our detectives made contact with the Naval Intelligence Service. … They tracked him down immediately. Increase.

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

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

Danny instructed the media a few unusual name he had acquired.

[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 presumably being held in opposition to her will.

In the meantime, Danny gave the impression 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 house.

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

Ed Bonner: Danny’s possessive. He is jealous … he is indignant. … 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 more folks, discover these guys have been collectively … Typically, what they did, they did collectively.

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

They’d some issues in frequent, like juvenile brushes with the legislation.

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

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

And detectives discovered they shared a disturbing fixation with homicide.

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

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

Brandon had created an internet site rating ranges of violence.

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

Morgan Gire: Issues that offer you 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 degree talked about committing the violence contemplated on an animal. I imply, that is not regular conduct for a younger man.

Morgan Gire: It isn’t regular conduct. And it’s definitely in step with 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 condominium.

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

And that wasn’t the one pink 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 acquired the final two incoming cellphone calls to her on the evening she was murdered. They have 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 quite a bit.

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 accomplice 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 exhibits up at your job and needs to speak to you.

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

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

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

He mentioned he acquired pulled over for operating a cease signal and by chance known as Justine – twice.

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

He mentioned he returned house and went to mattress. Brandon mentioned Danny had additionally been house, after having dinner with the Vanderschoots. However the brokers have been about to catch Brandon in an enormous lie.

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

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

Angela Ford: And so they 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 cellphone 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 right now …

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

BRANDON FERNANDEZ (on recorded name): … dude. Look, in case you, significantly, like if, in case 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 secure? … Are you able to convey my girlfriend someplace secure?

Natalie Morales: He desires to let you know slightly bit extra, however he is pointing it in the direction of Danny.

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

BRANDON FERNANDEZ (FBI interview)  He is scary clever …  He has constructed all the things in lies. He is a superb actor … he is a monster.

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

BRANDON FERNANDEZ: Lengthy … He had deliberate it perpetually, nearly.

Brandon instructed them he knew Danny had tapped Justine’s cellphone 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 concept Danny would search revenge that evening. He says so far as he knew they have been simply going to fulfill up with Justine to steal marijuana crops from a farm. He now mentioned these calls to Justine’s cellphone have been him attempting to come up with Danny to again out.

Angela Ford: And … Danny mentioned, “no, man, you should come up right here.”

Brandon mentioned he met up with Danny and Justine on the park and journey round midnight and so they acquired in his automobile — with Danny giving instructions. When he parked, he mentioned Danny needed 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 automobile horn adopted by a scream. He hurried again to seek out Danny had strangled Justine — his palms 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 have been simply bulging out and he was laughing … he was saying “I win, I win.”

Brandon mentioned these phrases have been in reference to a track known as “The Recreation“ that Danny had enjoying on a loop in Brandon’s automobile, 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 among the lyrics — simply excruciating. … “You at all times needed folks to recollect you. … do not you recognize your want is coming true right now? One other sufferer dies tonight.” The concern that she will need to have confronted.

Morgan Gire: I can solely think about … If you happen to noticed it in a film, you most likely would not consider it.

Despite the fact that 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 extremely screwed up breath … it —  it like saved taking place …

Morgan Gire: In keeping with Brandon, she was nonetheless alive at that time. And in addition based on Brandon, she was already useless at that time. His personal statements internally are inconsistent and reveal the place he is attempting 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 needed her to die so it would 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 by way of 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.

A number of yards away, in a clearing among the many timber, her grave lay hidden beneath an previous 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 acquired again from there. … Guess who took us there … and guess who he is blaming for the entire thing?

The following morning, a group of investigators digging by way of the onerous clay filth, unearthed Justine Vanderschoot’s stays.

Ed Bonner: There is a aid after which there’s ache.

Danny and Brandon have 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 house … And … I see the chaplain, and I see detectives and my mother’s crying … my dad mentioned “your sister’s not coming house” … I handed out, actually.

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

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

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

Ed Bonner: I nearly sensed Lynnette simply crumbling. And I put my hand on her shoulder. I simply sort 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 have been arrested Wednesday.

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

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

DET. PIAZZA (sheriff’s interview | 9/18/2003): Simply speak about Brandon, do not speak about 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 acquired proper now?

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

In the end, he broke down and began speaking.

DANNY BEZEMER (sheriff’s interview |9/18/2003): I actually need to let you know all the things, 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 have 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 within her lungs …

Justine’s official reason behind loss of life was listed as homicidal violence. However additional testing advised she had additionally ingested filth.

Morgan Gire: There is no such thing as a different method. … To be that far down and into the bronchial canals means she inhaled it. She was alive.

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

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 change for a sentence of 25 years to life. Brandon Fernandez pleaded to second-degree homicide and acquired 15 years to life.

DON VANDERSCHOOT (to reporters outdoors the courthouse in 2005): A chunk of justice was served. … Not less than we are able to put a few of this behind us.

Morgan Gire: A part of their plan was to … obtain a life sentence that allowed them to at the least turn out to be eligible for parole, and possibly 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 aid, however their lives would quickly be upended as soon as once more.

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

The new legislation decreased the fault of defendants who did not really do the killing, like a getaway driver. Brandon needed to have his life sentence for second-degree homicide thrown out and to be resentenced as an adjunct after the very 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 incorrect. … 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 answerable 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 attributable to one more shift within the authorized commonplace. Either side would now need to battle 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 inexpensive doubt. And the decide has to make findings past an inexpensive doubt.

In Could 2024, it could 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 have been “two pillars” within the plot to lure Justine to her loss of life.

Tim Weerts: Danny talks about how he would 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 tasks.

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

In keeping 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 carry Justine there’s that Monday … it is in the course of the day, to test it out within the mild and presumably 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 dad and mom’ 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 machine used to faucet Justine’s cellphone. And in his shredder, a receipt for a brand-new set of tires.

Natalie Morales: … he was already overlaying 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 attempting to cover his function 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 marvel will I ever get 100% of the reality? I do not suppose we ever will.

Natalie Morales: You suppose he is nonetheless a hazard?

Lynnette Vanderschoot: Sure, undoubtedly.

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 … any person who has no conscience, any person who has no … empathy … for different folks. … principally a psychopath.

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

Steve Defilippis: He desires all the things to seem like Brandon made him do that. … he is at that time instructed … 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 may’t corroborate any of his story and that is intentionally carried out by him as a result of he is aware of … that it could possibly’t be refuted.

In reality, 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 shouldn’t be going to do any of the issues that Brandon did. … Brandon takes … the shovel and leaves it at his … dad and mom’ house. … why would you set one thing concerned within the murder at your dad and mom’ house? … why would you drive your automobile as much as … the scene … realizing that you’ll 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 would not match the post-mortem findings. As an alternative, these outcomes point out she ingested methanol, a poisonous chemical compound present in quite a lot of merchandise, however not drain cleaners.

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

Tim Weerts: I do not know what concept beneath which the parole board would possibly look favorably upon Drano, however unfavorably upon methanol being poured on her … The one clarification 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 select 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 carried out what he mentioned.

Defilippis says the timing nonetheless would 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 … acquired 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 in step with 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 best way 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 concern for the Vanderschoots.

Lynnette Vanderschoot: The palms shaking, simply attempting 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 filled with the Vanderschoots and their supporters, in addition to Brandon Fernandez — who appeared through video convention — and his dad and mom. The decide issued his ruling.

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

Morgan Gire: That concern, that concern, you would reduce it with a knife.

Cameras have 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 an enormous 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 tough to parse the reality from lies instructed 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 by way of rugged terrain at midnight.

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 an enormous win for the Vanderschoots, however solely non permanent aid.

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 vital of evolving legal guidelines which have allowed Brandon Fernandez to maintain relitigating his function in Justine’s homicide.

Christine Vanderschoot: I sort of like really feel at occasions … we have been on pause. … We actually have not been capable of 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 try to respect are these of the convicted and the responsible … and never grieving relations.

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

It is one thing the Vanderschoots try to alter by advocating for victims’ rights.

Christine Vanderschoot: We’re attempting to do all the things we are able to to stop this taking place to any person else’s household.

Additionally they partnered with the Placer County DA to sponsor new state laws. Justine’s Legislation, because it’s known as, handed in 2023 and offers teen relationship violence prevention schooling 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 price all the things.

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

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

Natalie Morales: In some methods it is nearly 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. A variety of occasions once we’re … again right here working in her backyard … I am going to have slightly hummingbird and he or she’ll come proper as much as my face and I am going to — I am going to 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 sphere 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 manager story editor. Judy Tygard is the manager producer.