48 Hours: Post Mortem | The Killing of Theresa Fusco

Host: Anne-Marie Green
Guest: Erin Moriarty, 48 Hours Correspondent
Release Date: April 28, 2026

Episode Overview

This episode of the "48 Hours: Post Mortem" podcast, hosted by Anne-Marie Green with guest Erin Moriarty, delves into the harrowing cases of Theresa Fusco and Kelly Morrissey—two teenage girls who went missing just months apart in Lynbrook, NY, in 1984. Their disappearances shattered a close-knit community's sense of safety and led to a miscarriage of justice, as wrongful convictions sent three men to prison for nearly two decades. The episode explores investigative errors, advances in DNA and genetic genealogy, the emotional toll on families, and the quest for true justice, culminating in the recent arrest of a new suspect.

Key Discussion Points & Insights

1. The Disappearance of Kelly Morrissey and Theresa Fusco

• The Cases: Kelly Morrissey (15) disappeared in June 1984, last seen at a payphone. Five months later, Theresa Fusco (16) vanished leaving her roller rink job (03:05).
• Community Impact: "These two girls knew each other...it really did shatter the sense of safety in this area." – Erin Moriarty (04:00).
• Era Context: In the 1980s, missing teens were often presumed runaways. Digital traces and surveillance we now take for granted were nonexistent.

2. Initial Investigation and Wrongful Convictions

• Police Focus: John Kogut, briefly dated Kelly, became the primary suspect. After 30+ hours awake and extended interrogation, he confessed—implicating Dennis Halstead and John Restivo (07:16).
• The Confession: “After nearly 12 hours of questioning and 18 hours in police custody...that’s when he made a videotape confession.” – Erin Moriarty (08:41).
• Problems with the Case:
  • No digital or forensic evidence then available.
  • Kelly’s case wasn’t investigated seriously until after Theresa was found.
  • Confessions challenged as false/coerced, yet convincing on tape.
  • Hairs allegedly belonging to Theresa found in Restivo’s van, later questioned.
• Convictions: All three men found guilty; each sentenced to more than 30 years to life (10:06).

3. The DNA Breakthrough and Overturned Convictions

• Advances in Technology: In 2003, old swabs from the crime scene are re-tested with modern DNA methods (10:50).
• Results: "All three men were excluded by those tests and a complete profile of a fourth unidentified man was present." (10:50).
• All Three Convictions Overturned: Nearly two decades later, the convictions collapse due to genetic evidence.

4. Broader Reflections on False Confessions and Interrogations

• Case Parallels: Anne-Marie highlights a similar wrongful conviction case—the Angie Dodge murder—and the persistent dangers with confession-heavy investigations (11:34).
• Current Best Practices: Erin notes more interrogations are now recorded, acknowledging improvements, but cautions, “I think it is better, but I don’t think it’s fixed yet.” (12:39).

5. The Retrial and Changing Theories

• Retrial Decisions: Nassau County DA retries the men, starting with Kogut in a bench trial (15:34).
• Prosecution’s New Angle: Now argued the DNA resulted from consensual sex with someone else, focusing again on the original confession. Family and friends strongly disputed this narrative (16:15).
• Key Defense Points:
  • The confession was rehearsed/coached; moments on tape reveal police prompting Kogut.
  • Hair evidence argued to have been potentially planted—decomposition matched post-mortem status (17:31).
• Outcome: Judge found Kogut not guilty; charges against Halstead and Restivo were dropped eight days later (18:55).

6. Civil Lawsuits and Aftermath

• Suing the County: Kogut, Halstead, and Restivo sued Nassau County. Only Halstead and Restivo received civil awards ($18 million each). Kogut received no county payout, possibly due to his taped confession—but did receive a small state compensation (19:37).
• Lasting Trauma: "Restivo still fears that the police could come back and arrest him. Think about that. 40 years afterwards. You never really get your life back.” – Erin Moriarty (21:09).

7. The Real Killer and Genetic Genealogy

• 2025 Arrest: Nassau County DA indicts Richard Billidoux (aka Billidou, Billido), a previously unknown suspect, based on genetic genealogy and confirmation from a discarded straw (21:53).
  • Billidoux has pleaded not guilty; prosecution sifting through enormous amounts of evidence (22:58).
  • Connection to Theresa is still unclear; friends and even defense attorneys know little about him.

8. Other Connected Cases & Open Questions

• Kelly Morrissey: Now considered a homicide, possible link to Fusco’s case but no charges against Billidoux (24:24).
• Jackie Martarella: Another 1985 victim, similar MO, but Billidoux not charged—investigators previously focused on another suspect who later moved to France (25:02).

9. Impact on Families and Community

• Ongoing Pain: Families endure repeated trauma with each new development or proceeding. Theresa’s friend Lisa has testified at multiple trials and likely will again if Billidoux is prosecuted. (26:21)
• Quote: “The idea that her murder has never been resolved, it just makes everything so much tougher for this family.” – Erin Moriarty (26:21)
• Hope for Closure: Morrissey family shares their story publicly, hoping new leads might surface after four decades.

Notable Quotes & Moments

• On Community Impact:
  “These cases that happened so close to each other really did shatter the sense of safety in this area.” – Erin Moriarty (04:00)

• On the Pressure to Confess:
  “According to Castigliero, Kogut was exhausted and just wanted the interrogation to stop.” – Erin Moriarty (09:22)

• On DNA Evidence:
  “All three men were excluded by those tests and a complete profile of a fourth unidentified man was present.” – Erin Moriarty (10:50)

• On Judicial Outcomes:
  “When you read the judge's decision, he was persuaded by the defense. What's more, the judge found the confession not credible.” – Erin Moriarty (18:33)

• On Family Struggles:
  “You never really get your life back.” – Erin Moriarty, reflecting on Restivo’s ongoing fear (21:09)

• On the Never-ending Fight:
  “It’s never ending. That’s what Theresa’s father told us. That’s what Teresa’s brother told us. The idea that her murder has never been resolved, it just makes everything so much tougher for this family.” – Erin Moriarty (26:21)

Important Timestamps

• [03:05] – Introduction to Kelly Morrissey and Teresa Fusco’s disappearances
• [07:16] – Police focus on Kogut, details of confession
• [10:50] – 2003 DNA breakthrough and men cleared
• [12:39] – Discussion of contemporary interrogation improvements
• [16:15] – Retrial and prosecutors’ new theory
• [18:55] – Kogut acquitted, charges dropped for other men
• [19:37] – Civil lawsuit outcomes
• [21:09] – Personal aftermath for the exonerated men
• [21:53] – Indictment of Richard Billidoux following DNA match
• [24:24] – Status of Kelly Morrissey’s case
• [25:02] – Update on Jackie Martarella’s similar murder
• [26:21] – Impact on families; ongoing need for closure

Tone and Style

The conversation is serious, empathetic, and investigative—marked by respect for the victims’ families and frustration at the inefficiencies and human cost of a flawed justice system. Both correspondents blend personal reflections with investigative rigor, highlighting the enduring pain for families and the need for systemic improvements.

For listeners seeking a gripping, emotionally charged, and insightful exploration of wrongful convictions and the promise/pitfalls of forensic science, this episode is a must-hear.