Justine’s Voice

Auburn, California, above the fog and below the snow, the perfect place. Rural, steep cliffs,

wooded areas, dirt roads, there are a lot of places to bury a body. What were you doing that brought you here in 2003? I was conditioning a horse to do endurance.
those Labor Day weekend Saturday that I came up on my normal train ride. Right about here, I saw a freshly dug hole in the brush.
The rest of my ride, I kept trying to justify why it was there. It sort of haunted you, it sounds like.
It did. We had just come home from our summer house up in the Sierras.
I barbecued. At dinner were Donna Lynette Vandershoot, their daughter Justine, and her boyfriend Danny.
No one had any idea what nightmare was about to unfold after that meal. I gave her a kiss on forehead, said, goodnight, I love you.
I spoke to her on the phone. I told her that I loved her.
I was leaving for work at 5, 5.30 in the morning. Lynette walks into Justine's room.
Justine is not there. The dog is on the bed.
The front door is open, and her car is gone. 17 years old, disappears, leaves everything behind without trace.
It felt sinister. We're gonna find her.
We searched and searched everywhere. There were searches that the Bandershoots organized.
And then there were searches that we did on our own with our search and rescue teams. I tried to imagine what it was like and what it's gonna be like when she comes back.
Danny and his roommate, Brandon, were on the sheriff's radar quickly. Friends started to come forward about how jealous Danny was of Justine.
They were interviewed that first day. They said, oh no, we were home all night.
There's a belief right away that they are concealing something about Justine's disappearance. Okay, have a seat.
Have you ever seen anyone die, Brandon? Tone changes, story changes. He confesses.
Brandon claims that Danny killed Justine. She's laying down and he's over her, and his hands were not released.
He explained that Danny was choking her and that he helped bury her. Let's go.
At the end of the interview, Brandon led the investigators to the location of Justine's body. Justine Vandershoot's body discovered buried in a shallow grave.
The Auburn Journal had a photo of just the brush where Justine had been buried. And I went, oh my gosh.
I saw a freshly dug hole three days prior to her disappearance. I immediately contacted the Sheriff's Department.
That was a big piece of evidence. That's absolutely cold-blooded, premeditated.
The Vandershoot family says they are relieved. The decision was made to accept pleas to murder from both defendants and give them a life sentence.
Hopefully we can all move on from here. No one would have ever imagined that 20 years later we would still be fighting for justice for Justine and her family.

In 2020, Brandon Fernandez filed a petition

to get out of his murder conviction.

If Brandon's petition is granted,

one of Justine's killers will walk free.

We're fighting for her.

That's why we're here.

She doesn't have a voice, so we're her voice.

It's 21 years since we've lost Justine,

but it's still very fresh in our mind.

It was September 18, 2003,

when Justine Vandershoot's remains were discovered in a remote location more than two weeks after she disappeared. But it's here in this garden outside her bedroom window that her parents, Dawn and Lynette, still come to find her.
This is actually Justine's little footprint there. Mementos of their youngest child and condolence flowers that poured in after her death are now permanently rooted here.
We call this Justine's garden. At the center, a towering dogwood tree, a reminder of her favorite trips to the Sierra Mountains and a sobering measure of how long she's been gone.
When we celebrated the 17th anniversary, Christine said she's been gone as long as she was here on earth. Justine's older sister, Christine, sums up what those years have been like for her in one word.
Lonely. She was my best friend.
We were only 18 months apart. We did pretty much everything together since day one.
How would you describe Justine? What was her personality? Vibrant, charismatic, just life of the party. She made you laugh every time she'd say something.
She was a spark in our household, that's for sure. A little firecracker.
Cheerleader, baseball, soccer. She was always on the go.
At 17, Justine was on the verge of graduating high school and wanted to pursue a career in fashion and beauty. Did she know what she wanted to do in life after high school? She would sew and design her own shirts and shoes.
She had to stand out, and that was what she wanted to do for other people was make them stand out and feel beautiful. Instead, her family is now forced to grapple with her murder and its aftermath.
I don't ever want to forget about her, but I don't want to be reminded of what happened. But it's not so easy to just pack it up and put it away, right? No, it's not.
In fact, the Vandershoots say it remains an open wound thanks to ongoing efforts by Justine's convicted murderers, Danny Bessemer and Brandon Fernandez, to get out of prison. Retired Placer County Sheriff Ed Bonner.
Including parole hearings, I think the Vandershoots have been back to court seven times since the last seven years, always facing the possibility. It's hard to imagine that both men were once welcome in the family's home.
First came Brandon. I believe it was probably seventh or eighth grade that I started to become friends with him.
A few years later, he introduced the Vandershoots to his friend Danny. I was actually at a birthday party for me.
We had a pool party, and Danny was actually coming to the house to meet me. But it was Danny and Justine who clicked.
And while she was only 15, and he was about 17, they quickly became serious. From that party on, they were always, always together.
They even talked about perhaps getting married. Is that right? Yeah, they were very serious.
He became kind of like a fixture in our family. His dad wasn't really in the picture and he didn't really have a mom.
So to come into our household and see how a real family was, I think that was something that he was attracted to as well. The Vandershoots offered Danny the support and stability of a happy family life.
I considered him like a brother almost. Dawn even got Danny his first real job working with him at an auto dealership and his own key to the house.
But looking back, the Vandershoots now see red flags they didn't recognize then. Controlling.
Telling her who she could see and who she could and monitoring her texts and her cell phone calls, her frustrations were really starting. He was so jealous and very possessive over her.
She couldn't go out and hang out with friends without him freaking out and getting upset and pouting. Lindsay Morris was Brandon's girlfriend and says Justine confided in her about problems with Danny.

She even said, I don't know if I break up with him, if he'll ever really let me go.

Towards the end, she was trying to pursue certain things that he was trying to hold her back from.

He didn't want anything to change.

And she was sort of growing up and maybe growing apart from him at that point. Yes, I think 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 someone during a spring break trip to Florida. Justine had developed a friendship with a Navy sailor there at Pensacola.
Did she tell you about the man she met in Florida? She did. She liked him.
I think it kind of opened her eyes. When Justine came back, she was definitely talking about this guy and telling all of her friends about how amazing he was and how attractive he was and how she wished she could spend more time with him.
Danny had gotten wind of this. He thought he was losing her.
And they say Danny became consumed with the idea that Justine was cheating on him. Danny had asked me, would I be willing to wear a wire so I can get her to confess this? He wanted the proof.
I told him, absolutely not. And there was another troubling dynamic among Justine, Danny, and Brandon.
Once Justine came into the relationship, their friendship wasn't the same as it was before. Justine believed Brandon was a serial cheater and a bad influence, so she gave Danny an ultimatum, him or her.
Dani and Brandon lost touch for about a year, but by late 2002, they reconnected and decided to become roommates. It was a triangle that was sort of toxic at that point.
Exactly, and it kind of really fueled when Dani and Brandon moved in together. Justine continued to be a thorn in Brandon's side.
Brandon hated Justine with a passion, would constantly say that she was a whore and that she would manipulate Danny. In 2003, a few days before Labor Day, Justine attended a party at Danny and Brandon's apartment.
We sat on the front porch just talking,

and we both agreed that we were going to get rid of these guys

and that we wanted a fresh start and that we could do better.

Justine was getting ready to go to the next stage.

Danny was not going to allow it. In the early morning hours of Tuesday, September 2nd, 2003, Lynette Vandershoot found her daughter's bedroom empty and her truck gone from their driveway.
This was so uncharacteristic of their daughter, so different from any behaviors in the past. She has no money, no ATM, no credit card, no identification on her at all.
Justine's family frantically turned to the community for help. The Vandershoots, passionate, and they got organized.
This is my sister. She's been missing since Tuesday.
We went through all of Auburn hanging the missing poster flyers. Tying the pinkbons around because pink was her favorite color.
Justine, we love you. We're all out looking for you.
Please call us and let us know you're okay. Pretty soon, everyone was looking for Justine.
Was Danny assisting in any of these search efforts in the beginning? Danny showed up a number of times, and he would wear the T-shirts.

He seemed really concerned.

She's been gone for three days now, and concern is growing.

The first break in the case came when Justine's truck was located at a park-and-ride

about five miles from the Vandershoot home.

It was parked right here in this parking space.

And once we had that, then our belief was that she was not far. Matt Scribner was out riding his horse when he saw searchers gathered at the park and ride.
Like many in the area, he had seen reports of Justine's disappearance. I thought, well, they might be searching this area because at the time, there was a direct access from the park and ride to this area.
A week earlier, he had seen a freshly dug hole along the trail. But as he rode through again this time...
Did you notice anything different? The hole was not there anymore. There was debris over the top of it.
But the significance of that would not become clear until later. I wasn't thinking like that.
Nobody thinks like that. As the search continued, Placer County District Attorney Morgan Geyer says investigators considered the possibility that Justine had left the state.
The park and ride is located on a very busy interstate, Interstate 80, that runs the length of our country. We have a car that is locked and looks as if it was left intentionally.
Did she meet someone there and jump on the freeway? Danny had told detectives early on about the Navy man Justine had met in Florida. Danny was actually one of the first people to say, well, maybe she's off in Florida

because there's some guy she likes in Florida.

You have to assume everything's possible.

Our detectives made contact with the Naval Intelligence Service.

They tracked him down right away. Boom.

They did an extensive interview with him,

and it was determined that he didn't have anything to do with her disappearance.

Danny, however, kept throwing that out there. Danny told the media about a strange call he had received.
There's been an inquiry to my credit in Florida. Someone tried to get a credit card there, and I'm really hoping it's Justine.
They call tonight's vigil the vigil of hope. Her loved ones clung to the hope that she was still alive and thought she was possibly being held against her will.
It's you guys that keep us doing all the support. We're all going to bring her home.
We're going to find her. She's going to get away.
She's a fighter. Meanwhile, Dani appeared to be the distraught boyfriend on the local news.
Two and a half years of my life have been devoted to that girl and now that part of my life is gone. Holding a photo of Justine and an engagement ring appraisal, he made his own plea.
She means more to me and her family than she does to you and whoever it is needs to just let her go and let her come home. But suspicion was growing around Danny,

and friends were coming forward about his toxic relationship with Justine.

Danny's possessive. He's jealous.
He's angry. He believes Justine is cheating on him.

He's angrier.

And all those things began to roll.

Detectives also began looking deeper into his relationship with Brandon. As we interviewed more and more people, I find these guys were together.
Generally what they did, they did together. By most accounts, Danny sort of looked up to Brandon.
Brandon was known to be smart, somewhat cunning. He sort of had an edge to him.
They had some things in common, like juvenile brushes with the law. Danny Besmer had a history of thefts, burglaries, possession of stolen property.
Brandon Fernandez had been prosecuted for essentially computer hacking. For somebody who was a total geek, he was very, very confident in himself.
Danny was more of a follower. And detectives learned they shared a disturbing fixation with murder.
They talked about killing people. They talked about disposing the bodies, beating polygraphs, well before the disappearance of Justine Van Der Schuette.
He had told me there's a couple spots where if I ever wanted to kill you, nobody would ever find you. This was something he had just said as a joke.
Brandon had created a website ranking levels of violence. He had pictures of people dead, dying.
Things that give you chills up the back of your neck. One of the levels discussed thinking about committing some form of violence but not doing it.
Another level talked about committing the violence contemplated on an animal. I mean, that's not

normal behavior for a young man. It is not normal behavior, and it is certainly consistent with

those who find value and thrill in killing other human beings.

Investigators questioned Danny and Brandon throughout the investigation.

Both of them said they had spent the evening alone together in their apartment. The fact that each boy was the other's alibi is a red flag.
And that wasn't the only red flag. As detectives retraced Justine's last steps, they knew her cell phone shut off in the area where her truck was found.
But then they found something very interesting.

They got the last two incoming phone calls to her on the night she was murdered.

They were both from Brenda Fernandez. As the search for Justine Vandershoot entered its third week...
Day 15 that Justine Vandershoot has been missing. There was no sign of the missing teen, alive or dead.
We had no body. We didn't have a lot.
Sheriff's detectives decided to up the ante. They enlisted the help of the FBI to interview Danny and Brandon again.
We needed a separate them, number one, but to have one role on the other. On September 17th, 2003, detectives questioned Danny Bessemer at Sheriff's headquarters.
Tell me why you didn't do it. Because I was sleeping.

The same afternoon, Detective Angela Ford and FBI agent Jeff Reineck and his partner

drove Brandon Fernandez from his job to the FBI building in Sacramento.

Did he seem nervous? I mean, when the FBI shows up at your job and wants to talk to you. He didn't seem nervous.
He seemed like he had nothing to hide. Brandon told the agents he had jet skied all day with co-workers, and after going home, he went out to run an errand because he wasn't feeling well.
I went down to get a VA juice. I had the flu at this point.
He said he got pulled over for running a stop sign and accidentally called Justine twice. Justine's cell phone is right next to my girlfriend's number.
He said he returned home and went to bed. Brandon said Danny had also been home after having dinner with the Vandershoots.
But the agents were about to catch Brandon in a big lie. Danny and Brandon first said, no, we were by ourselves.
Well, no, it turns out that they weren't. Sheriff's detectives had received a tip from Brandon's cousin, Clayton Cole.
He told them that he and a friend had stayed at Brandon and Danny's place the night Justine went missing and saw them leave. They knew that Danny and Brandon and didn't come back until much later.
We're going to play something to you.

What is this? What Brandon didn't know is that the investigators had a recorded phone call. After receiving that tip, detectives had asked Clayton to call Brandon and recorded the conversation.
I talked to my dad about the sole gestating thing, and I had to go to the cops today.

On the call, Brandon repeatedly told Clayton to lie to police and to say that Clayton and his friend weren't there that night. And at that point, he knew we had a lot more information.

With Brandon now rattled, Agent Reinach asked a key question.

Have you ever seen anyone die?

Brandon.

Yes.

He went white.

Brandon broke and admitted he knew where Justine was.

But first he said he needed protection from Danny. Can you take me somewhere safe? Can you bring my girlfriend somewhere safe? He wants to tell you a little bit more, but he's pointing it towards Danny.
It's all towards Danny. I had nothing to do with it.
He's scary, intelligent. He has built everything in lies.
He is a great actor. He's a monster.
How long was it planned to hurt Justine? Long. He had planned it forever, almost.
Brandon told them he knew Danny had tapped Justine's phone to catch her cheating and confront her. I didn't know what was going to happen.
But Brandon insisted he had no idea Danny would seek revenge that night. He says as far as he knew, they were just going to meet up with Justine to steal marijuana plants from a farm.
He now said those calls to Justine's phone were him trying to get hold of Danny to back out. And Danny said, no man, you need to come up here.
Brandon said he met up with Danny and Justine at the park and ride around midnight, and they got in his car with Danny giving directions. When he parked, he said Danny wanted to talk to Justine alone.
So he walked away for a bit. I went down this hill.
I was looking around and I figured, oh, he's still up there for a while. After a few minutes, he says he heard the car horn, followed by a scream.
He hurried back to find Danny had strangled Justine, his hands still around her neck, and a taser next to her lifeless body. He looked at me and he just was psycho.
His eyes were just bulging out and he was laughing. He was saying, I win, I win.
Brandon said those words were in reference to a song called The Game. Do you think that we could play another game? That Danny had playing on a loop in Brandon's car.
A soundtrack to her murder. The lyrics detail a girlfriend's infidelity and her ultimate murder by her boyfriend.
And interspersed with that song are vignettes of Justine's own words as she's talking either to another boy or about another boy. And some of the lyrics just excruciating.
You always wanted people to remember you. Don't you know your wish is coming true today? Another victim dies tonight.
The fear that she must have faced. I can only imagine if you saw it in a movie, you probably wouldn't believe it.
Even though Brandon had initially said Justine was dead when he made it back up the hill, his story began to evolve. What he was doing was slowly putting himself at the scene of the death.
Did you hear her exhale? Yes. It was like a really screwed up breath.
It kept happening. According to Brandon, she was still alive at that point.
And also according to Brandon, she was already dead at that point. His own statements internally are inconsistent and demonstrate where he's trying to lie to get out of this.
Brandon said Danny removed her clothing and put her in a grave they dug that night and poured a liquid over her to decompose the body. He says he prayed for it to end.
I said, please just go. You wanted her to die so it'd be over.
I thought she might have still been alive, but she was going to do something more brutal than she was. He's watching her die.
And he's not helping her. He's not helping her, no.
But Brandon said he was scared Danny would kill him, too.

He made me bear and he made me promise and say that I was his brother, that I would never say

anything. And he said he would kill himself or others.
And then he had mentioned my girlfriend

and Justine's family. He said he was going to take them out next.
After a four and a half hour

interview, Brandon agreed to take them to the scene. It was about 9 30 at night.
So dark walking through this. I can only imagine.
When we first pulled up to come here, there was something shiny on the ground. It was a piece of her jewelry.
It was two little cherries put together. A few yards away in a clearing among the trees, her grave lay hidden under an old mattress.
Danny? Yes? I'm Sergeant McDonald. I want to show this to you.
It wasn't long before detectives informed Danny, who said very little during his six-hour interrogation, that they'd found the grave site. I just got back from there.
Guess who took us there? And guess who's he's blaming for the whole thing? The next morning, a team of investigators digging through the hard clay dirt, unearthed Justine Vandershoots remains. There's a relief, and then there's pain.
Danny and Brandon were both arrested and charged with Justine's murder. After two and a half weeks, the search was finally over.
But justice would prove elusive. I drove home, and I see the chaplain.
And I see detectives. My mom's crying and my dad said, your sister's not coming home.
I passed out literally. And it's still hard to relive that moment.
Yeah. On September 18th, 2003, Justine's family shared their heartbreak with the community.
I almost sensed Lynette just crumbling. And I put my hand on her shoulder.
I just kind of propped her up. And we announced that this family's worst fears had come true.
Danny Bessemer and his roommate, Brandon Fernandez, were arrested Wednesday. If the two gentlemen that are in custody now are responsible for this, they need to burn in hell.
Detectives interviewed Danny Bessemer again and told him they needed information about Brandon Fernandez's role in the murder. Just talk about Brandon.
Don't talk about Danny. Believing Brandon has a deal with the FBI, Danny tried to haggle.
How can I get this name? Well, Brandon's never going to come. I don't have the authority to let's make a deal.
Okay. Ultimately, he broke down and started talking.
I really want to tell you everything I do. Danny admitted he had started to strangle Justine, but then...
She said four words that just changed my mind. Those words were, Danny, I love you.
But he said Brandon was the one who encouraged him to keep going.

He tells me it's too late now.

It's already attempted murder.

Danny admitted he had poured drain cleaner over Justine's body,

but said Brandon had poured it down her throat.

There was a black tarry substance on top of her.

And then after the autopsy, there was a black tarry substance inside of her lungs. Justine's official cause of death was listed as homicidal violence.
But further testing suggested she had also ingested dirt. There is no other way to be that far down and into the bronchial canals means she inhaled it.
She was alive. Taking into consideration the family's wishes to avoid a painful, prolonged trial, prosecutors at the time offered a plea deal.
As a condition of his plea agreement, Danny spoke with detectives again and gave new details about Brandon's role. What was the story he started to tell? Danny tells a story ultimately that involves Brandon as the mastermind.
Brandon is claiming he is merely a victim of circumstance and he panicked and participated in the cleanup and the getaway. So we know the truth lies somewhere in the middle.
It really does. And Brandon does a pretty good job of incriminating Danny, and Danny does a pretty good job of incriminating Brandon.
In 2005, Danny Bessemer pleaded guilty to first-degree murder in exchange for a sentence of 25 years to life. Brandon Fernandez pleaded to second-degree murder and received 15 years to life.
A piece of justice was served. At least we can put some of this behind us.
Part of their plan was to receive a life sentence that allowed them to at least become eligible for parole and maybe have a chance someday. Justine's family made it their mission to ensure that would never happen.
Brandon Fernandez came up for parole in 2017 and was denied. Every time they get denied, that's justice for her.
The family breathed a sigh of relief, but their lives would soon be upended once again. In 2018, California changed the law of murder.
In 2020, Brandon Fernandez filed a petition to get out of his murder conviction based on the new law. The new law reduced the fault of defendants who didn't actually do the killing, like a getaway driver.
Brandon wanted to have his life sentence for second-degree murder thrown out and to be resentenced as an accessory after the fact. He still has not taken any responsibility.
He's guilty just as much as Danny. Brandon's defense attorney, Steve DeFilippis, maintains his client was only guilty of being taken in by Danny's schemes.
Clearly, Brandon was in the wrong. He shouldn't have participated in the cover-up of this, and that's what he did.
And absolutely, he should be convicted of that, but shouldn't be held responsible for a murder. A judge presiding over the resentencing case in 2020 denied Brandon's motion, but that ruling was reversed by the Court of Appeals and sent back due to yet another shift in the legal standard.

Both sides would now have to fight it out in court in an evidentiary hearing. We had to call all of the witnesses and we had to prove Mr.
Fernandez's guilt. The district attorney has to prove the case beyond a reasonable doubt, and the judge has to make findings beyond a reasonable doubt.
In May 2024, it would be up to Deputy DA Tim Wertz to prove that Brandon Fernandez helped plan and carry out Justine's murder.

Once they started kicking this idea around, they built off each other.

His key witness was Danny Bessemer, who over several days

testified how he and Brandon Fernandez were two pillars in the plot to lure Justine to her death.

Danny talks about how he doesn't want to let Brandon down when they're out there digging the grave.

And Brandon says, this better not be for nothing.

Danny described how he and Brandon assumed different responsibilities.

Danny was going to kill her, and Brandon was going to be involved in the cover-up side of things, the forensics as he described it. Brandon purchased the chemicals that were poured over Justine.
According to Danny, he and Brandon pre-dug the grave over several days. The last time they go to the grave before they bring Justine there is that Monday, it's during the day,

to check it out in the light and possibly do some digging.

And Danny says Brandon provided the tools used to dig,

including a pickaxe he took from his parents' house.

After they kill Justine and bury her,

they throw them over the fence at Brandon's parents' house,

and the police go and corroborate that.

The prosecution says it found other evidence

at Brandon's workplace that he never mentioned, like pieces of the recording device house. And the police go and corroborate that.
The prosecution says it found other evidence at

Brandon's workplace that he never mentioned, like pieces of the recording device used to tap Justine's phone. And in his shredder, a receipt for a brand new set of tires.
He was already covering his tracks the day after. What we call in the prosecution world, consciousness of guilt.

Brandon's defense attorney insists Brandon was only trying to hide his role in the cover-up, not the murder. And he says that relying on Danny Bessemer's testimony is a sign of the prosecution's desperation.
They don't have a case. I often wonder, will I ever get 100% of the truth? I don't think we ever will.
You think he's still a danger? Yes, definitely. Brandon's defense attorney, Steve DeFilippis, says Danny Bessemer is the real danger and points out it was Danny who broke bread with Justine's family, knowing he was going to kill her that night.
This is Ted Bundy in the making. Somebody who has no conscience, somebody who has no empathy for other people.
Basically a psychopath. And he argues Danny will say anything in court to improve his chances of being paroled.
He wants everything to look like Brandon made him do this. He's at that point told either four or five different stories about what happened.
In his cross-examination, DeFilippis picks apart inconsistencies in Danny's statements about Brandon's involvement. You can't corroborate any of his story.
And that's deliberately done by him because he knows that it can't be refuted. In fact, he argues that the evidence contradicts Danny's story.
For one thing, he says if Brandon was really in charge of forensics, he wouldn't leave a trail of evidence. The guy who was in charge of forensics is not going to do any of the things that Brandon did.

Brandon takes the shovel and leaves it at his parents' home. Why would you put something involved in the homicide at your parents' home?

Why would you drive your car up to the scene knowing that you're going to leave tire tracks on the dirt?

You wouldn't do that.

And another discrepancy, Danny's claim that he and Brandon poured drain cleaner on Justine doesn't match the autopsy findings. Instead, those results indicate she ingested methanol, a toxic chemical compound found in a variety of products, but not drain cleaners.
But Tim Wurtz counters that Danny has no reason to lie about that. I don't know what theory under which the parole board might look favorably upon Drano, but unfavorably upon methanol being poured on her.
The only explanation is that he's honestly mistaken, and the only way he'd be mistaken is if he wasn't the one that bought it. And DeFilippis says Brandon has an alibi for that Monday afternoon before the murder

when Danny claims they went to the gravesite.

We know that Brandon was up at the lake that day.

Wurtz points out there was a two-hour window when Brandon left

to pick up tools to fix a broken jet ski.

It's just not an alibi.

There's plenty of time for it to have done what he said.

DeFilippis says the timing still doesn't match up with Danny's story. Danny also said that the digging was later in the day.
It was not in the morning time, which is when Brandi got the tools and went back. But the prosecution argues that the defense can't get around Matt Scribner's testimony that he saw a freshly dug hole three days prior to the murder, which is consistent with Danny's account of digging the grave over several days.
This wasn't a panic dig that they did at the last minute where Brandon's terrified for his life. The way it actually pans out, Brandon is given immense power.
Brandon knows where the body is. After more than two weeks of testimony, the judge gets the case.
brandon's motion is granted he will walk free it's a familiar fear for the vander shoots the hands shaking just trying to get ready just brings the emotions up all over again you don't know what to expect on august 1st 2024 before a courtroom packed with the vander shoots their supporters, as well as Brandon Fernandez, who appeared via videoconference and his parents, the judge issued his ruling. Was there a palpable concern for the Vandershoots that one of their daughter's murders could go free? That fear, that concern, you could cut it with a knife.
Cameras were allowed in court, but we were not allowed to record audio. The judge denied Brandon Fernandez's motion and upheld his conviction.
I was very nervous. I let out a big sigh as soon as he said it.
So it was just, yay. Feels really good.
Some justice. Justice for Justine again.
He did not get out. Very relieved.
The judge said it was difficult to parse the truth from lies told by both Danny and Brandon. But he says ultimately it was evident Brandon was in on the murder plot and easily led investigators to Justine's body through rugged terrain in the dark.
Brandon brought you here and pinpointed exactly. I mean, he knew exactly where it was.
He did. He gave us instructions and even said you wouldn't find it on your own.
The ruling is a big win for the Vandershoots, but only temporary relief. In two years, we've got two more parole hearings coming up.
We're not going away. We're never giving up.
I'll be there with my cane. I think this one right here is my favorite.
They're critical of evolving laws that have allowed Brandon Fernandez to keep relitigating his role in Justine's murder. I kind of like feel at times we've been on pause.
We really haven't been able to move forward because we have to relive it. In issuing his ruling, the judge acknowledged that the legal system can seem unfair to the victim's families and to survivors.
I wholeheartedly agree. Oftentimes it feels as if the only rights we are trying to respect are those of the convicted and the guilty and not grieving family members.
That underlies the problems with this law because it decreases people's faith in the system, that there's finality. It's something the Vandershoots are trying to change by advocating for victims' rights.
We're trying to do everything we can to prevent this happening to somebody else's family. They also partnered with the Placer County DA to sponsor new state legislation.
Justine's Law, as it's called, passed in 2023 and provides teen dating violence prevention education in high schools throughout California. What do you want Justine's legacy to be now? To help educate other boys and girls, even if it saves one life, it's worth everything.
Matt Scribner says he can't ride through these trails without thinking of Justine. In one aspect, it's quiet.
They've cleaned the area up. It's beautiful.

In some ways, it's almost like Justine is shining here.

I believe that.

We think of her as hummingbirds come to us.

A lot of times when we're back here working in the garden,

I'll have a little hummingbird.

She'll come right up to my face, and I'll talk to her, and I think of her as she's saying hi to me. Join me Tuesday for Postmortem from 48 Hours, where we'll dive even deeper into today's episode and answer your questions about the case.

You've probably heard of the NCIS from the hit TV series,

but we're about to take you inside its real life work.

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