A Cinderella Story

Charlie Sheen is an icon of decadence.

I lit the fuse and my life turns into everything it wasn't supposed to be.

He's going the distance.

He was the highest paid TV star of all time.

When it started to change, it was quick.

He kept saying, No, no, no, I'm in the hospital now, but next week I'll be ready for the show.

Now, Charlie's sober.

He's gonna tell you the truth.

How do I present this with any class?

I think we're past that, Charlie.

We're past that, yeah.

Somebody call action.

Aka Charlie Sheen, only on Netflix, September 10th.

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A massive hurricane forced the evacuation of North Carolina's outer banks.

Some of the evacuees were suspects in a murder investigation, and police had to find some way to get them back.

The Outer Banks of North Carolina is one of America's favorite getaway destinations.

Nearly 7 million people visit these beaches every year.

The beaches are very nice.

Lots of good restaurants.

Real family-oriented place.

In 1993, Janet Siclary came to Nagshead, North Carolina for a week's vacation, along with her brother Robert and several friends.

Janet was 35 years old.

and had recently broken up with her boyfriend.

Janet had previous ten-year relationship with someone.

It just never was totally right for her.

It had to be perfect and she never found the Mr.

Perfect that she was looking for.

On their last evening in town, Janet went to dinner with her two girlfriends.

Later, they went to a nearby nightclub.

The girls decided that they wanted to get home.

They were tired and they wanted to pack up.

Janet was still having fun and was partying, so they left her with the car because she was going to be basically by herself and they knew that she would be easier to drive back while they walked together.

At dawn the next morning, a sanitation worker found Janet's body on the beach just 10 yards from the front of her hotel.

She was only wearing a blue denim top with no clothing below the waist and she was clutching a pair of white denim shorts to her neck area.

A rape test kit proved Janet had been sexually assaulted.

Next to Janet's body was a pair of men's size 9 tennis shoes with gray socks inside.

It was very odd that there was this rape and murder on the beach and this pair of shoes within 30 feet of the body.

This was just sort of a bizarre fact to me.

And we had always been suspicious that they were connected.

It's just too coincidental.

Police decided not to release the cause of death to the media.

So if a suspect knew how she was killed, there would be only one way he'd know that.

Janet had been sharing a hotel room with her brother, Robert.

He told police Janet got back around 2.30 in the morning.

Robert was asleep when he heard her come in the room.

She came in, he said, lit a cigarette and put her purse down and said something like, I'm just going to go out and smoke this cigarette and walked right out the door.

Robert said he was barely awake, but thought Janet might have been with friends.

He thought that he heard some voices outside the door, some whispering, and thought that perhaps Janet was with someone else.

He wasn't real clear on this ever in his statements.

Unfortunately, none of the hotel employees saw Janet enter or leave the hotel.

That room was at the end of a hall that faced the ocean, and right outside their door was a doorway and a set of stairs that led out and down to the deck and right to the ocean.

So she didn't have to go back through the lobby to get out of the hotel to go to the ocean.

Police now had to search for witnesses, anyone who might have been in the general area around 3 o'clock in the morning.

And in a vacation community, that wouldn't be easy.

No one, neither family nor investigators, could make sense of Janet Siclary's murder.

This was a horrific crime.

This was a stranger sexual assault and murder.

And if there is any other crime that's more horrific than that, I don't know what it is.

Things like this don't happen to people who live their life honestly and decently.

They just don't.

Carolin Indian was a relatively large hotel that went north and south for some hundred feet.

It would have been a sound barrier that would have prevented anything probably that had occurred on the beach except some loud firework-type sound or a gunshot to have been heard.

Police attempted to retrace Janet's steps on the day of her murder.

According to her two girlfriends, Janet spent time in the afternoon with the hotel's bartender, Reed Powell, and they immediately hit it off.

They were talking to each other.

Janet was flirting a little bit, I think, with Reed.

He was quiet and he was shy, which was probably very attractive to Janet.

Later that evening, Janet and her friends ran into Reed at the Porticol bar.

Reed was there with his girlfriend, but he had gotten into a fight.

While Reed was at the Porta-Call, he saw his girlfriend dancing with another gentleman and

got a little bit upset about that.

And there was a slight altercation.

as a result.

When Janet's friends went back to the hotel, Janet stayed behind to talk to Reed.

They left the bar at closing time around 2 a.m.

So he stated that he was going to take a cab.

And at that point, Janet told him there was no sense in that and that she would give him a ride since she was going right by his house to go back to the hotel.

When questioned, Reed Powell told police that after Janet dropped him off at home, he got the keys to his car and went looking for his girlfriend to patch things up.

His girlfriend was an employee of the Carolinian, and they had apartments there for employees.

The Carolinian was also where Janet Saklari was staying.

Reed drove to the Carolinian Hotel, and while waiting there for his girlfriend in the parking lot, he observed Janet arrive at the hotel and go inside by herself.

Reed said he didn't speak with Janet at the time.

He eventually saw his girlfriend when she returned to the hotel.

They got into a verbal argument and he ended up slapping her across the face.

That pretty much ended the conversation.

His girlfriend went on to her apartment and he went back to his apartment.

When police asked Reed what he was doing while waiting for his girlfriend, he made a shocking revelation.

He had gotten hungry and carried with him a steak knife and a stick of pepperoni and sat in the car as he he was waiting for his girlfriend to return.

This was a valuable piece of information and possibly incriminating.

Janet had been stabbed to death on the beach that night, but police didn't release this information to the public.

Reed Powell admitted he was sitting just 100 yards away from where Janet was murdered with a knife in his hand.

Reed Powell was a very prom suspect in the investigation.

They had had interactions that day indicating something more than just a friendship or just an acquaintance type relationship.

So all of this was very much a concern of ours and led us to look at him very closely.

The investigation of Janet Saklari's murder was just one day old.

when Mother Nature provided an unexpected setback.

Hurricane Emily, a Category 3 storm, was bearing down on the outer banks of North Carolina.

The whole island was completely turned upside down by a mandatory evacuation caused by a hurricane that did significant damage to the island.

So we lost the crime scene and we lost,

we thought, we were worried that we were losing witnesses.

Approximately 80,000 people evacuated the area, but the prime suspect, Reed Powell, stayed in town.

There was only one person that we thought could be a suspect, and that was Reed.

He was the only person that we had talked to extensively that week and allowed into our little circle.

Police searched Reed's home and confiscated several steak knives.

The steak knives were submitted to the laboratory to look for the presence of blood on them.

However, none of them demonstrated any indications for the presence of blood.

Investigators also took a sample of Reed's DNA.

At the time, in 1993, DNA testing wasn't as advanced as it is today.

The method at the time was to compare the length and patterns of auto-rads, which looked very much like barcode.

We compared the DNA profile from it to the DNA profile from the vaginal swabs, and it was very easy to determine that it was not a match.

I think we were all somewhat surprised that he was, this was not a match.

Police discovered there were 10 other men who were either in the vicinity of the murder or had some contact with Janet the week of her vacation.

All were asked to provide a DNA sample.

I examined them and their DNA standards and compared them to the DNA profile obtained from the sperm cells.

Every single one of them was eliminated in this case.

It began to look like the perpetrator had already left the area, either because his vacation was over or because of the mandatory evacuation.

At that point in my career, I'd never had a case of this significance that we were not able to solve.

So it was extremely frustrating and extremely heartbreaking.

Months stretched into years and the case turned cold.

But during that period of time, the FBI developed a way for every state to access the DNA profiles collected in other states.

At the time, not every state collected DNA samples from convicted felons.

But for the majority that did, this new system was a godsend, and they called the database CODIS, or Combined DNA Indexing System.

So, in 1997, almost five years after Janet Siclary's murder, North Carolina Carolina officials entered the killer's DNA profile into the CODAS system.

And they got a match.

Amazingly.

It matched someone living just an hour away in the same state of North Carolina.

This was our first, what we call first cold hit of an unsolved murder homicide, no suspect.

And this was the first cold hit the state had ever had.

The DNA matched 32-year-old Thomas Jabin Berry, a commercial fisherman and convicted sex offender.

One of those convictions was for an assault on a 12-year-old girl.

Berry claims he was innocent of that charge.

She wasn't 12, she was 14.

I got the paperwork in there.

Or she was 13 going on 14 or something like that.

But

no, it was all consensual.

She was 12 years old.

She was a kid.

When police caught up with Barry, he was in prison for a parole violation.

Investigators showed him photographs of Janet Siclary and asked if he'd ever seen her.

At first, he claimed he hadn't.

But in a subsequent interview, he said he vaguely recalled her.

I had to have had sex with Janet.

I mean, that's obvious from the DNA, but it would have been consensual and there was no,

I would have never killed nobody.

I'd never killed anybody.

For him to say he had consensual sex with Janet is untruthful.

It's a lie.

I think the evidence shows that what happened was a rape and a homicide.

We were dealing with two crimes here.

One was a rape and one was a murder.

And while the evidence of DNA,

We felt like went very strongly towards

prosecuting a person for the rape of Janet Siclary.

That wasn't conclusive evidence of a murder.

For more evidence, investigators had to look at the shoes found next to Janet's body.

And inside, they found a huge surprise.

The prime suspect in Janet Siclary's murder was Thomas J.

Benberry.

He admitted he was in Nag's head at the time, but he claimed any contact he had with Janet was consensual.

I had sex with a lot of people on the beach.

I wouldn't have had any idea, you know, if we met that way and then just started walking and talking and one thing led to another.

I've had that happen several times in my life.

As a matter of fact, my first wife and I met that way.

But a look at Berry's background revealed his sexual history was far from innocent.

There were approximately a dozen other victims of sexual assault by Mr.

Berry.

We found one incident where he actually raped a young lady on the beach.

As for the night of the murder, Berry admitted he was on drugs.

I think Barry had been on the beach that night somewhere partying, drinking, and doing crack.

He admitted in his statements that he, that period of time,

he was high on crack a lot.

To Janet Siclary's friends and family, the possibility of her having sex with a complete stranger was totally out of character.

She wasn't one to have a casual fling or an affair with someone.

She was looking for something really sturdy in her life at 35 years old, a nice, good relationship.

But prosecutors didn't have to convince Janet's friends.

They had to convince a jury.

In an attempt to find something besides the DNA that tied Barry to the murder, detectives turned to the only other evidence at the crime scene, the tennis shoes.

Barry denied the shoes were his.

The only way we could think to do that was to find someone who could do shoe impressions to see if there was a way to say, like a fingerprint,

except with a foot in a shoe.

Investigators contacted Robert Kennedy, a forensic expert with the Royal Canadian Mounted Police.

He had an international reputation for using barefoot impressions, particularly on the inside of shoes, as evidence.

I became involved with the barefoot research back in 1989.

And as a result of a serial killer back in New Brunswick, we needed to see if the suspect's barefoot impression would match the impressions found inside of the shoe.

Kennedy soon established a database of these impressions and did a detailed study of how they're made.

When somebody wears a pair of shoes, the foot generates a large amount of heat inside of the shoe, so the foot will sweat.

The weight-bearing area of the foot will cause indentation on the insole of the shoe.

So you have a combination of slight indentations, sweat, dirty, darkened marks inside of the shoe.

These marks are unique to an individual's feet.

and therefore provide a potential basis for comparison.

Kennedy got inked impressions on the bottoms of Thomas Berry's bare feet.

Then he cut out the insoles of the shoes from the crime scene

and photographed the surfaces.

The images were overlaid for comparison.

There was no dissimilarities between the impression that Thomas Berry would make and the Spalding running shoe, so I was able to form a conclusion that Thomas Berry was the likely wearer of the spalding-running shoes.

To law enforcement, this placed Berry at the crime scene with the body.

Prosecutors believe Janet gave Reed Powell a ride home from the bar, then went to her hotel.

They believe her brother was mistaken when he said he heard voices coming from outside the room.

Janet went back outside to smoke a cigarette.

By tragic coincidence, Janet ran into Thomas Jabin Berry, a man with a history of sexual violence.

He was also high on drugs.

Prosecutors believe he used a knife to force Janet to have sex.

Then, he stabbed her to death so she couldn't identify him.

Some in law enforcement think Berry left his shoes on the beach, so his shoe impressions wouldn't lead investigators back to his aunt's house near the hotel, where they think Barry spent the night.

In the end, Thomas Jabin Berry was the one who did himself in.

If he had not violated the conditions of his parole, his sample would never have been available for us to analyze.

During Barry's murder trial, prosecutors learned an unfortunate piece of information.

He was back in the holding cell during the trial, and he made a comment to a jailer, they'll never sentence me to death.

And the jailer said, What are you talking about?

He said, Well, there's somebody on the jury.

She's good friends with my mama.

She watched me grow up.

The jury convicted Thomas Jabin Berry of rape and first-degree murder.

But this particular juror was the only one to vote against the death penalty.

So Berry was sentenced to life in prison with no possibility of parole.

Despite the forensic evidence, Berry still says he's innocent.

I'd been trying unsuccessfully filing appeals and

trying to get back in court.

And

I figured it couldn't hurt.

You know, it may generate some publicity and help me in some way.

I say, you're a liar.

There's no question about it because...

Of all the types of scientific evidence out there, this evidence is irrefutable that Thomas Berry encountered Janice Clary on the night of August the 28th.

There's no question about it.

That we prove beyond all doubt, instead of beyond a reasonable doubt.

And if Mr.

Berry says that, he's a liar.