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Retired Placer County Sheriff Ed Bonner
Auburn, California above the fog and below the snow. The perfect place Rural. Steep cliffs, wooded areas, dirt roads. There are a lot of of places to bury a body.
Interviewer/Reporter
What were you doing that brought you here in 2003?
Matt Scribner (Horse Rider/Witness)
I was conditioning a horse to do endurance those Labor Day weekend Saturday that I came up on. Just my normal training Ride right about here.
Interviewer/Reporter
Yep.
Matt Scribner (Horse Rider/Witness)
I saw a freshly dug hole in the brush. The rest of my ride, I kept trying to justify why it was there.
Narrator/Advertiser
It sort of haunted you.
Retired Placer County Sheriff Ed Bonner
It sounds like it did.
Dawn Vandershute (Justine's Mother)
We had just come home from our summer house up in the Sierras.
Detective/Investigator
I barbecued at dinner were Don and Lynette Vandershute, 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
Lynette Vandershute (Justine's Mother)
kiss on the forehead, said good night, I love you.
Christine Vandershute (Justine's Sister)
I spoke to her on the phone. I told her that I loved her.
Lynette Vandershute (Justine's Mother)
I was leaving for work at 5 o', clock, 5:30 in the morning, Lynette
Detective/Investigator
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.
Retired Placer County Sheriff Ed Bonner
17 years old. Disappears. Leaves everything behind without trace. It felt sinister.
Dawn Vandershute (Justine's Mother)
We're gonna find her. We searched and searched everywhere.
Retired Placer County Sheriff Ed Bonner
There were searches at the Bander shoots organized. And then there were searches that we did on our own with our search and rescue teams.
Brandon Fernandez (Convicted Accomplice)
I tried to imagine what it was like and what it's gonna be like with ship.
Deputy DA Tim Wirtz
She comes back.
Retired Placer County Sheriff Ed Bonner
Danny and his roommate Brandon were on the sheriff's radar.
Retired Placer County Detective Angela Ford
Quickly, friends started to come forward about how jealous Danny was of Justine.
Retired Placer County Sheriff Ed Bonner
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.
Detective/Investigator
Okay, have a seat. Have you ever seen anyone die, Brandon?
Retired Placer County Sheriff Ed Bonner
Tone changes, story changes. He confesses.
Detective/Investigator
Brandon claims that Danny killed Justine.
Brandon Fernandez (Convicted Accomplice)
She's laying down and he's over her. And his hands were not released.
Retired Placer County Detective Angela Ford
He explained that Danny was choking her and that he helped bury her.
Brandon Fernandez (Convicted Accomplice)
Let's go.
Detective/Investigator
At the end of the interview, Brandon led the investigators to the location of Justine's body.
Judge
Justine Vandershute's body discovered buried in a shallow grave.
Matt Scribner (Horse Rider/Witness)
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.
Retired Placer County Sheriff Ed Bonner
That was a big piece of evidence that's absolutely cold blooded. Premeditated.
Narrator/Reporter
The Vandershute family says they are relieved
Detective/Investigator
the decision was made to accept pleas to murder from both defendants and give them a life sentence.
Dawn Vandershute (Justine's Mother)
Hopefully we can all move on from here.
Detective/Investigator
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.
Interviewer/Reporter
We're fighting for her. That's why we're here.
Christine Vandershute (Justine's Sister)
She doesn't have a voice, so we're her voice.
Judge
Natalie Morales reports Justine's voice.
Lynette Vandershute (Justine's Mother)
It's 21 years since we've lost Justine, but it's still very fresh in our mind.
Narrator/Reporter
It was September 18, 2003, when Justine Vandershute'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.
Lynette Vandershute (Justine's Mother)
This is actually Justine's little footprint there,
Narrator/Reporter
mementos of their youngest child and condolence flowers that poured in after her death are now permanently rooted here.
Lynette Vandershute (Justine's Mother)
We call this Justine's garden.
Narrator/Reporter
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.
Lynette Vandershute (Justine's Mother)
When we celebrated the 17th anniversary, Christine said, she's been gone as long as she was here on Earth.
Narrator/Reporter
Justine's older sister, Christine, sums up what those years have been like for her in one word.
Christine Vandershute (Justine's Sister)
Lonely. She was my best friend. We were only 18 months apart. We did pretty much everything together since day one.
Interviewer/Reporter
How would you describe Justine? What was her personality?
Christine Vandershute (Justine's Sister)
Vibrant, charismatic. Just life of the party. She made you laugh every time she'd say something.
Dawn Vandershute (Justine's Mother)
She was a spark in our household, that's for sure.
Lynette Vandershute (Justine's Mother)
Little firecracker, cheerleader, baseball, soccer. She was always on the go.
Narrator/Reporter
At 17, Justine was on the verge of graduating high school and wanted to pursue a career in fashion and beauty.
Interviewer/Reporter
Did she know what she wanted to do in life after high school?
Christine Vandershute (Justine's Sister)
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.
Narrator/Reporter
Instead, her family is now forced to grapple with her murder and its aftermath.
Dawn Vandershute (Justine's Mother)
I don't ever want to forget about her, but I don't want to be reminded of what happened.
Interviewer/Reporter
But it's not so easy to just pack it up and put it away, right?
Dawn Vandershute (Justine's Mother)
No, it's not.
Narrator/Reporter
In fact, the Vandershoots say it remains an open wound, thanks to ongoing efforts by Justine's convicted murderers, Danny Besumer and Brandon Fernandez, to get out of prison. Retired Placer County Sheriff Ed Bonner.
Retired Placer County Sheriff Ed Bonner
Including parole hearings. I think the Vandershoes have been back to court seven times in the last seven years, always facing the possibility.
Narrator/Reporter
It's hard to Imagine that both men were once welcome in the family's home. First came Brandon.
Christine Vandershute (Justine's Sister)
I believe it was probably seventh or eighth grade that I started to become friends with him.
Narrator/Reporter
A few years later, he introduced the Vandershoots to his friend Danny.
Christine Vandershute (Justine's Sister)
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.
Narrator/Reporter
But it was Danny and Justine who clicked. And while she was only 15 and he was about 17, they quickly became serious.
Christine Vandershute (Justine's Sister)
From that party on, they were always, always together.
Interviewer/Reporter
They even talked about perhaps getting married. Is that right?
Christine Vandershute (Justine's Sister)
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.
Narrator/Reporter
The Vandershoots offered Danny the support and stability of a happy family life.
Christine Vandershute (Justine's Sister)
I considered him like a brother almost.
Narrator/Reporter
Don 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.
Dawn Vandershute (Justine's Mother)
Controlling.
Christine Vandershute (Justine's Sister)
Telling her who she could see and who she couldn't. Monitoring her texts and her cell phone calls. Her frustrations were really starting.
Lindsay Morris (Brandon's Girlfriend)
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.
Narrator/Reporter
Lindsay Morris was Brandon's girlfriend and says Justine confided in her about problems with Danny.
Lindsay Morris (Brandon's Girlfriend)
She even said, I don't know if I break up with him, if he'll ever really let me go.
Christine Vandershute (Justine's Sister)
Towards the end, she was trying to pursue certain things, and he was trying to hold her back from. He didn't want anything to change.
Interviewer/Reporter
And she was sort of growing up and maybe growing apart from him at that point.
Christine Vandershute (Justine's Sister)
Yes, I think so.
Narrator/Reporter
Retired Placer County Detective Angela Ford says Danny's family fears of Justine leaving him reached a fever pitch In April of 2003, when Justine met someone during a spring break trip to Florida.
Retired Placer County Detective Angela Ford
Justine had developed a friendship with a Navy sailor there at Pensacola.
Interviewer/Reporter
Did she tell you about the man she met in Florida?
Lynette Vandershute (Justine's Mother)
She did. She liked him. I think it kind of opened her eyes.
Retired Placer County Detective Angela Ford
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.
Christine Vandershute (Justine's Sister)
He thought he was losing her.
Narrator/Reporter
And they say Danny became consumed with the idea that Justine was cheating on him.
Lindsay Morris (Brandon's Girlfriend)
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.
Narrator/Reporter
And there was another troubling dynamic among Justine, Danny, and Brandon.
Retired Placer County Detective Angela Ford
Once Justine came into the relationship, their friendship wasn't the same as it was before.
Narrator/Reporter
Justine believed Brandon was a serial cheater and a bad influence. So she gave Danny an ultimatum. Him or her? Danny and Brandon lost touch for about a year. But by late 2002, they reconnected and decided to become roommates.
Interviewer/Reporter
It was a triangle that was sort of toxic at that point.
Christine Vandershute (Justine's Sister)
Exactly. And it kind of really fueled when Danny and Brandon moved in together.
Narrator/Reporter
Justine continued to be a thorn in Brandon's side.
Lindsay Morris (Brandon's Girlfriend)
Brandon hated Justine with a passion, would constantly say that she was a whore and that she would manipulated Danny.
Narrator/Reporter
In 2003, a few days before Labor Day, Justine attended a party at Danny and Brandon's apartment.
Lindsay Morris (Brandon's Girlfriend)
We sat on the front porch just talking. And we both agreed that we were gonna get rid of these guys and that we wanted a fresh start and that we could do better.
Retired Placer County Sheriff Ed Bonner
Justine was getting ready to go to the next stage. Danny was not going to allow it.
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Narrator/Reporter
In the early morning hours of Tuesday, September 2, 2003, Lynette Vandershute found her daughter's bedroom empty and her truck gone from their driveway.
Retired Placer County Sheriff Ed Bonner
This was so uncharacteristic of their daughter, so different from any behaviors in the past.
Lynette Vandershute (Justine's Mother)
She has no money, no atm, no credit card, no identification on her at all.
Narrator/Reporter
Justine's family frantically turned to the community for help.
Lynette Vandershute (Justine's Mother)
Sweater foam.
Retired Placer County Sheriff Ed Bonner
The Vandershoots passionate. And they got organized.
Christine Vandershute (Justine's Sister)
This is my sister. She's been missing since Tuesday.
Lynette Vandershute (Justine's Mother)
We went through all of Auburn, hanging the missing poster flyers, tying the pink ribbons 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 ok.
Narrator/Reporter
Pretty soon, everyone was looking for Justine.
Interviewer/Reporter
Was Danny assisting in any of these search efforts?
Retired Placer County Detective Angela Ford
In the beginning, Danny showed up a number of times, and he would wear the T shirts. He seemed really concerned.
Judge
She's been gone for three days now, and concern is growing.
Narrator/Reporter
The first break in the case came when Justine's truck was located at a park and ride about five miles from the Vandershute home.
Christine Vandershute (Justine's Sister)
It was parked right here in this parking space.
Retired Placer County Sheriff Ed Bonner
And once we had that, then our belief was that she was not far.
Narrator/Reporter
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.
Matt Scribner (Horse Rider/Witness)
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.
Narrator/Reporter
A week earlier, he had seen a freshly dug hole along the trail. But as he rode through again this
Interviewer/Reporter
time, did you notice anything different?
Matt Scribner (Horse Rider/Witness)
The hole was not there anymore. There was debris over the top of it.
Narrator/Reporter
But the significance of that would not become clear until later.
Matt Scribner (Horse Rider/Witness)
I wasn't thinking like that.
Interviewer/Reporter
Nobody thinks like that.
Narrator/Reporter
As the search continued, Placer County District Attorney Morgan Guyer says investigators considered the possibility that Justine had left the state.
Detective/Investigator
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?
Narrator/Reporter
Danny had told detectives early on about the Navy man Justine had met in Florida.
Retired Placer County Detective Angela Ford
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.
Retired Placer County Sheriff Ed Bonner
You have to assume everything's possible. Our detectives made contact with the Naval Intelligence Service. They tracked him down right away.
Dawn Vandershute (Justine's Mother)
Boom.
Retired Placer County Detective Angela Ford
They did an extensive interview with him, and it was determined that he didn't have anything to do with her disappearance.
Retired Placer County Sheriff Ed Bonner
Danny, however, kept throwing that out there.
Narrator/Reporter
Danny told the media about a strange call he had received.
Brandon Fernandez (Convicted Accomplice)
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.
Judge
They called tonight's vigil the vigil of hope.
Narrator/Reporter
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 going.
Lynette Vandershute (Justine's Mother)
All the support. We're all gonna bring her home. We're gonna find her. She's gonna get away. She's definitely. She's a fighter.
Narrator/Reporter
Meanwhile, Danny appeared to be the distraught boyfriend on the local news.
Brandon Fernandez (Convicted Accomplice)
Two and a half years of my life been devoted to that girl. And now that part of my life is gone.
Narrator/Reporter
Holding a photo of Justine and an engagement ring. Appraisal. He made his own plea.
Brandon Fernandez (Convicted Accomplice)
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.
Narrator/Reporter
But suspicion was growing around Danny, and friends were coming forward about his toxic relationship with Justine.
Retired Placer County Sheriff Ed Bonner
Danny's possessive. He's jealous. He's angry. He believes Justine is cheating on him. He's angrier. And all those things begin to roll.
Narrator/Reporter
Detectives also began looking deeper into his relationship with Brandon.
Retired Placer County Sheriff Ed Bonner
As we interviewed, more and more people find these guys were together. Generally, what they did, they did together.
Detective/Investigator
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.
Narrator/Reporter
They had some things in common, like juvenile brushes with the law.
Detective/Investigator
Danny Besmer had a history of thefts, burglaries, possession of stolen property. Brandon Fernandez had been prosecuted for, essentially computer hacking.
Lindsay Morris (Brandon's Girlfriend)
For somebody who was a total geek, he was very, very confident in himself. Danny was more of a follower.
Narrator/Reporter
And detectives learned they shared a disturbing fixation with murder.
Retired Placer County Sheriff Ed Bonner
They talked about killing people. They talked about disposing the bodies, meaning polygraphs. Well before the disappearance of Justine Vandershute,
Lindsay Morris (Brandon's Girlfriend)
he had told me, there's a couple spots where if I wanted to kill you, nobody would ever find you. This was something he had just said.
Narrator/Reporter
As a joke, Brandon had created a website ranking levels of violence.
Retired Placer County Sheriff Ed Bonner
He had pictures of people dead Dying
Detective/Investigator
things that give you chills up the back of your neck.
Interviewer/Reporter
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.
Detective/Investigator
It is not normal behavior, and it is certainly consistent with those who find value and thrill in killing other human beings.
Narrator/Reporter
Investigators questioned Danny and Brandon throughout the investigation. Both of them said they had spent the evening alone together in their apartment.
Retired Placer County Sheriff Ed Bonner
The fact that each boy was the other's alibi is a red flag.
Narrator/Reporter
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.
Retired Placer County Sheriff Ed Bonner
They got the last two incoming phone calls to her on the night she was murdered. They were both from Brandon Fernandez.
Narrator/Reporter
As the search for Justine Vandershute entered
Judge
its third week, day 15, that Justine Vandershute has been missing.
Narrator/Reporter
There was no sign of the missing teen, alive or dead.
Retired Placer County Sheriff Ed Bonner
We had no body. We didn't have a lot.
Narrator/Reporter
Sheriff's detectives decided to up the ante. They enlisted the help of the FBI to interview Danny and Brandon again.
Retired Placer County Sheriff Ed Bonner
We needed to separate them, number one, but to have one role on the other.
Narrator/Reporter
On September 17, 2003, detectives questioned Danny Besumer at sheriff's headquarters.
Brandon Fernandez (Convicted Accomplice)
Tell me why you didn't do it. Because I was sleeping.
Narrator/Reporter
The same afternoon, Detective Angela Ford and FBI agent Jeff Reinack and his partner drove Brandon Fernandez from his job to the FBI building in Sacramento.
Interviewer/Reporter
Did he seem nervous? I mean, when the FBI shows up at your job and wants to talk
Detective/Investigator
to you, he didn't seem nervous. He seemed like he had nothing to hide.
Narrator/Reporter
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.
Brandon Fernandez (Convicted Accomplice)
I went down to get a va juice. I had the flu at this point,
Narrator/Reporter
he said he got pulled over for running a stop sign and accidentally called Justine twice.
Brandon Fernandez (Convicted Accomplice)
Justine's cell phone was right next to my girlfriend's number.
Narrator/Reporter
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.
Retired Placer County Sheriff Ed Bonner
Danny and Brandon first said, no, we were by ourselves. Well, no, it turns out that they weren't.
Narrator/Reporter
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.
Retired Placer County Detective Angela Ford
They knew that Danny and Brandon didn't come back until much later.
Detective/Investigator
We're gonna play something to you.
Brandon Fernandez (Convicted Accomplice)
What is this?
Detective/Investigator
What Brandon didn't know is that the investigators had a recorded phone call after receiving that tip.
Narrator/Reporter
Detectives had asked Clayton to call Brandon and recorded the conversation.
Brandon Fernandez (Convicted Accomplice)
I talked to my dad about the soul testing thing and I had to go to the cops today.
Narrator/Reporter
On the call, Brandon repeatedly told Clayton to lie to police and to say that Clayton and his friend weren't there that night.
Brandon Fernandez (Convicted Accomplice)
If you guys say anything different, it f s us that.
Retired Placer County Detective Angela Ford
And at that point, he knew we had a lot more information.
Narrator/Reporter
With Brandon now rattled, Agent Reinek asked a key question.
Brandon Fernandez (Convicted Accomplice)
Have you ever seen anyone die, Brandon? Yes.
Detective/Investigator
He went white.
Narrator/Reporter
Brandon broke and admitted he knew where Justine was. But first he said he needed protection from Danny.
Brandon Fernandez (Convicted Accomplice)
Can you take me somewhere safe? Can you bring my girlfriend somewhere safe?
Interviewer/Reporter
He wants to tell you a little bit more, but he's pointing it towards Danny.
Detective/Investigator
It's all towards Danny. I had nothing to do with it.
Brandon Fernandez (Convicted Accomplice)
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.
Narrator/Reporter
Brandon told them he knew Danny had tapped Justine's phone to catch her cheating and confront her.
Brandon Fernandez (Convicted Accomplice)
I didn't know what was going to happen that night.
Narrator/Reporter
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.
Retired Placer County Detective Angela Ford
And Danny said, no, man, you need to come up here.
Narrator/Reporter
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.
Brandon Fernandez (Convicted Accomplice)
I went down this and I was looking around and I figured, oh, he's still up there for a while.
Narrator/Reporter
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 hand still around her neck and a Taser next to her lifeless body.
Brandon Fernandez (Convicted Accomplice)
He looked at me and he just was psycho. His eyes were just bulging out. He was laughing. He was saying, I win, I win.
Narrator/Reporter
Brandon said those words were in reference to a song called the Game.
Brandon Fernandez (Convicted Accomplice)
Do you think that we could play
Narrator/Reporter
another game that Dani had, playing on a loop in Brandon's car, a soundtrack to her murder.
Detective/Investigator
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.
Interviewer/Reporter
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,
Detective/Investigator
I can only imagine if you saw it in a movie, you probably wouldn't believe it.
Narrator/Reporter
Even though Brandon had initially said Justine was dead, when he made it back up the hill, his story began to evolve.
Detective/Investigator
What he was doing was slowly putting himself at the scene of the death.
Brandon Fernandez (Convicted Accomplice)
Did you hear her exhale? Yes. It was like. It was like a really screwed up breath. It kept happening.
Detective/Investigator
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 or inconsistent and demonstrate where he's trying to lie to get out of this.
Narrator/Reporter
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.
Brandon Fernandez (Convicted Accomplice)
Please, just go. You wanted her to die so it'd be over. I thought she might have still been alive, but she was gonna do something more brutal. There she was.
Detective/Investigator
He's watching her die and he's not helping her. He's not helping her.
Christine Vandershute (Justine's Sister)
No.
Narrator/Reporter
But Brandon said he was scared Danny would kill him too.
Brandon Fernandez (Convicted Accomplice)
He made me bury her. 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.
Narrator/Reporter
After a four and a half hour interview, Brandon agreed to take them to the scene.
Retired Placer County Detective Angela Ford
It was about 9:30 at night.
Interviewer/Reporter
So dark, walking through this, I can
Retired Placer County Detective Angela Ford
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.
Narrator/Reporter
A few yards away in a clearing among the trees, her grave lay hidden under an old mattress.
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Danny?
Brandon Fernandez (Convicted Accomplice)
Yes?
Narrator/Reporter
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 gravesite. I just got back from there.
Detective/Investigator
Guess who took us there.
Narrator/Reporter
And guess who he's blaming for the whole thing. The next morning, a team of investigators digging through the hard clay door dirt unearth Justine Vandershute's remains.
Retired Placer County Sheriff Ed Bonner
There's a relief, and then there's pain.
Narrator/Reporter
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.
Judge
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Retired Placer County Sheriff Ed Bonner
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Retired Placer County Detective Angela Ford
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Steve DeFilippis (Brandon's Defense Attorney)
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Christine Vandershute (Justine's Sister)
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.
Interviewer/Reporter
And it's still hard to relive that moment.
Deputy DA Tim Wirtz
Yeah.
Narrator/Reporter
On September 18, 2003, Justine's family shared their heartbreak with the community.
Retired Placer County Sheriff Ed Bonner
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.
Judge
Danny Besumer and his roommate, Brandon Fernandez, were arrested Wednesday.
Dawn Vandershute (Justine's Mother)
If the two gentlemen that are in custody now are responsible for this, they need to burn in hell.
Narrator/Reporter
Detectives interviewed Danny Besumer again and told him they needed information about Brandon Fernandez's role in the murder.
Brandon Fernandez (Convicted Accomplice)
Just talk about Brandon.
Narrator/Reporter
Don't talk about Danny. Believing Brandon has a deal with the FBI, Danny tried to haggle.
Brandon Fernandez (Convicted Accomplice)
How can I get the same vote Brandon's in right now?
Narrator/Reporter
I don't have the authority.
Brandon Fernandez (Convicted Accomplice)
Let's make a deal. Okay.
Narrator/Reporter
Ultimately, he broke down and started talking.
Brandon Fernandez (Convicted Accomplice)
I really want to tell you everything I do.
Narrator/Reporter
Danny admitted he had started to strangle Justine. But then she said
Brandon Fernandez (Convicted Accomplice)
four words that
Dawn Vandershute (Justine's Mother)
just changed my mind.
Brandon Fernandez (Convicted Accomplice)
Those words were, danny, I love you.
Narrator/Reporter
But he said Brandon was the one who encouraged him to keep going.
Brandon Fernandez (Convicted Accomplice)
He tells me it's too late now. Sorry. Attempted murder.
Narrator/Reporter
Danny admitted he had poured drain cleaner over Justine's body, but said Brandon had poured it down her throat.
Retired Placer County Detective Angela Ford
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.
Narrator/Reporter
Justine's official cause of death was listed as homicidal violence. But further testing suggested she had also ingested dirt.
Detective/Investigator
There is no other way to be that far down and into the bronchial canals means she inhaled it. She was alive.
Narrator/Reporter
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.
Interviewer/Reporter
What was the story he started to tell?
Detective/Investigator
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.
Interviewer/Reporter
So we know the truth lies somewhere in the middle.
Detective/Investigator
It really does. And Brandon does a pretty good job of incriminating Danny. And Danny does a pretty good job of incriminating Brandon.
Narrator/Reporter
In 2005, Danny Besumer pleaded guilty to first degree murder in exchange for a sentence of 25 years to life. Brandon Fernandez pleaded to second degree murder and and receive 15 years to life.
Dawn Vandershute (Justine's Mother)
A piece of justice was served. At least we can put some of this behind us.
Detective/Investigator
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.
Narrator/Reporter
Justine's family made it their mission to ensure that would never happen. Brandon Fernandez came up for parole in 2017 and was denied.
Christine Vandershute (Justine's Sister)
Every time they get denied, that's justice for her.
Narrator/Reporter
The family breathed a sigh of relief. But their lives would soon be upended once again.
Detective/Investigator
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.
Narrator/Reporter
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 re sentenced as an accessory after the fact.
Lynette Vandershute (Justine's Mother)
He still has not taken any responsibility. He's guilty just as much as Danny.
Narrator/Reporter
Brandon's defense attorney, Steve DeFilippis maintains his client was only guilty of being taken in by Danny's schemes.
Steve DeFilippis (Brandon's Defense Attorney)
Clearly, Brandon was in the wrong. He shouldn't have participated in the COVID 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.
Narrator/Reporter
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.
Detective/Investigator
We had to call all of the witnesses and we had to prove Mr. Fernandez's guilt.
Steve DeFilippis (Brandon's Defense Attorney)
The district attorney has to prove the case beyond a reasonable doubt and the judge has to make findings beyond a reasonable doubt.
Narrator/Reporter
In May 2024, it would be up to Deputy DA Tim Wirtz to prove that Brandon Fernandez helped plan and carry out Justine's murder.
Deputy DA Tim Wirtz
Once they started kicking this idea around, they built off each other.
Narrator/Reporter
His key witness was Danny Besumer, who over several days testified how he and Brandon Fernandez were two pillars in the plot to lure Justine to her death.
Deputy DA Tim Wirtz
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.
Narrator/Reporter
Danny described how he and Brandon assumed different responsibilities.
Deputy DA Tim Wirtz
Danny was going to kill her and Brandon was going to be involved in the COVID up side of things. The forensics. As he described it, Brandon purchased the chemicals that were poured over Justine.
Narrator/Reporter
According to Danny, he and Brandon pre dug the grave over several days.
Deputy DA Tim Wirtz
The last time they go to the grave before they bring Justine there is that Monday during the day to check it out in the light and possibly do some digging.
Narrator/Reporter
And Danny says Brandon provided the tools used to dig, including a pickaxe he took from his parents house.
Deputy DA Tim Wirtz
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.
Narrator/Reporter
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.
Interviewer/Reporter
He was already covering his tracks the day after.
Detective/Investigator
What we call in the prosecution world, consciousness of guilt.
Narrator/Reporter
Brandon's defense attorney insisted Brandon was only trying to hide his role in the COVID up, not the murder. And he says that relying on Danny Besumer's testimony is a sign of the prosecution's desperation.
Steve DeFilippis (Brandon's Defense Attorney)
They don't have a case.
Judge
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Dawn Vandershute (Justine's Mother)
I often wonder, will I ever get 100% of the truth? I don't think we ever will.
Interviewer/Reporter
You think he's still a danger?
Lynette Vandershute (Justine's Mother)
Yes, definitely.
Narrator/Reporter
Brandon's defense attorney, Steve DeFilippis, says Danny Besumer 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.
Steve DeFilippis (Brandon's Defense Attorney)
This is Ted Bundy in the making. Somebody who has no conscience, somebody. Somebody who has no empathy for other people. Basically a psychopath.
Narrator/Reporter
And he argues Danny will say anything in court to improve his chances of being paroled.
Steve DeFilippis (Brandon's Defense Attorney)
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.
Narrator/Reporter
In his cross examination, DeFilipez picks apart inconsistencies in Danny's statements about Brandon. Brandon's involvement.
Steve DeFilippis (Brandon's Defense Attorney)
You can't corroborate any of his story, and that's deliberately done by him because he knows that it can't be refuted.
Narrator/Reporter
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.
Steve DeFilippis (Brandon's Defense Attorney)
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.
Narrator/Reporter
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 Wirtz counters that Danny has no reason to lie about that.
Deputy DA Tim Wirtz
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.
Narrator/Reporter
And DeFilippis says Brandon has an alibi for that Monday afternoon before the murder when Danny claims they went to the gravesite.
Steve DeFilippis (Brandon's Defense Attorney)
We know that Brandon was up at the lake that day.
Narrator/Reporter
Wirtz points out there was a two hour window when Brandon left to pick up tools to fix a broken jet Ski.
Deputy DA Tim Wirtz
It's just not an alibi. There's plenty of time for him to have done what he said.
Narrator/Reporter
DeFilippis says the timing still doesn't match up with. With Danny's story.
Steve DeFilippis (Brandon's Defense Attorney)
Danny also said that the digging was later in the day. It was not in the morning time, which is when Brandon got the tools and went back.
Narrator/Reporter
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.
Deputy DA Tim Wirtz
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.
Narrator/Reporter
After more than two weeks of testimony, the judge gets the case. If Brandon's motion is granted, he will walk free. It's a familiar fear for the Vandershoots.
Lynette Vandershute (Justine's Mother)
The hand shaking, just trying to get ready, just brings the emotions up all over again.
Dawn Vandershute (Justine's Mother)
You don't know what to expect.
Narrator/Reporter
On August 1, 2024, before a courtroom packed with the Vandershoots and their supporters, as well as Brandon Fernandez, who appeared via video conference, and his parents, the judge issued his ruling.
Interviewer/Reporter
Was there a palpable concern for the Vandershoots that one of their daughter's murders could go free?
Detective/Investigator
That fear, that concern, you could cut it with a knife.
Narrator/Reporter
Cameras were allowed in court, but we were not allowed to record audio. The judge denied Brandon Fernandez's motion and upheld his conviction.
Christine Vandershute (Justine's Sister)
So I was very nervous. I let out a big sigh as soon as he said it.
Interviewer/Reporter
So it was just, yay.
Christine Vandershute (Justine's Sister)
Feels really good. Some justice.
Lynette Vandershute (Justine's Mother)
Justice for Justine again. He did not get out. Very relieved.
Narrator/Reporter
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.
Interviewer/Reporter
Brandon brought you here and pinpointed exactly. I mean, he knew exactly where it was.
Retired Placer County Detective Angela Ford
He did. He gave us instructions and even said, you wouldn't find it on your own.
Narrator/Reporter
The ruling is a big win for the Vandershoots, but only temporary relief in two years.
Lynette Vandershute (Justine's Mother)
We've got two more parole hearings coming up.
Christine Vandershute (Justine's Sister)
We're not going away. We're never giving up.
Dawn Vandershute (Justine's Mother)
I'll be there with my cane. I think this one right here is my favorite.
Narrator/Reporter
They're critical of evolving laws that have allowed Brandon Fernandez to keep relitigating his role in Justine's murder.
Christine Vandershute (Justine's Sister)
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.
Interviewer/Reporter
In issuing his ruling, the judge acknowledged that the legal system can seem unfair to the victims families and to survivors.
Detective/Investigator
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.
Narrator/Reporter
It's something the Vandershoots are trying to change by advocating for victims rights.
Christine Vandershute (Justine's Sister)
We're trying to do everything we can to prevent this happening to somebody else's family.
Narrator/Reporter
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.
Interviewer/Reporter
What do you want Justine's legacy to be now?
Lynette Vandershute (Justine's Mother)
To help educate other boys and girls. Even if it saves one life, it's worth everything.
Narrator/Reporter
Matt Scribner says he can't ride through these trails without thinking of Justine.
Matt Scribner (Horse Rider/Witness)
In one aspect, it's quiet. They've cleaned the area up. It's beautiful.
Interviewer/Reporter
In some ways, it's almost like Justine is shining here.
Matt Scribner (Horse Rider/Witness)
I believe that
Lynette Vandershute (Justine's Mother)
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.
Judge
The judge's ruling denying Brandon Fernandez's petition for re sentencing was reversed by a California appellate court on December 31, 2025. A new hearing is pending.
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Original Air Date: July 27, 2026
Host: CBS News
Summary by [Your Podcast Summarizer]
"Justine’s Voice for Justice" takes listeners inside the 2003 murder case of 17-year-old Justine Vandershute in Auburn, California. Through firsthand interviews, investigative details, and courtroom battles, the episode explores the far-reaching impact on her family and the ongoing fight to hold her killers, ex-boyfriend Danny Besumer and his accomplice Brandon Fernandez, accountable—even as criminal justice reforms and new evidence open the door for possible resentencing. The enduring trauma and advocacy of the Vandershute family are at the episode’s core, as they transform grief into activism, leading to legislative change to protect other young people from similar fates.
"Justine’s Voice for Justice" not only reconstructs the sorrowful events surrounding Justine Vandershute's murder and the persistent legal battles that followed, but it also powerfully highlights the resilience of a family determined to transform their grief into action. Their advocacy for legal reforms and educational programs ensures that Justine’s legacy endures—not just as another victim, but as a catalyst for change. This episode stands as a gripping, empathetic look at the intersection of crime, justice, and the ongoing impact of victims’ voices in shaping the law.