The Concerning Case Against Jane Dorotik

Summary

Introduction to the Case

In the gripping episode titled "The Concerning Case Against Jane Dorotek," CBS News' 48 Hours delves deep into the harrowing journey of Jane Dorotek, a woman who spent two decades behind bars for the murder of her husband, Bob Dorotek. The couple, residing in the serene foothills outside North San Diego, appeared to lead a peaceful life. Jane, a nurse turned healthcare executive, and Bob, an engineer, were devoted parents to three children: Alex, Claire, and Nick.

The Tragic Event

On February 13, 2000, tragedy struck when Bob Dorotek disappeared after stating he was going for a jog. As hours passed without his return, Jane grew increasingly concerned. "He said he was going out for a jog. That was it. That was the last I talked to him," Jane stated at [00:08]. Her concern escalated, leading her to report him missing. The following day, Bob's body was discovered two miles from their home, showing signs of blunt force trauma and strangulation.

Detective Rick Epson, upon examining the scene, found significant blood evidence in the bedroom, which he linked directly to Jane: "There was blood on the comforter. There was blood on the pillow sham," Bob testified at [02:46]. Concluding that Jane was the sole person with access to the bedroom, authorities swiftly arrested her three days after Bob's body was found.

The Trial

Jane maintained her innocence, asserting, "I love my husband," at [05:09]. Despite her pleas, the prosecution, led by Bonnie Howard Regan, painted a picture of a troubled marriage focused on financial motives, citing their year-long separation in 1997. Key evidence presented included:

• Blood Evidence: Detectives claimed blood spatter patterns in the bedroom indicated a violent attack. Jane tried to explain some of the blood as originating from their dog: "This little dog had an abscess on her cheek that was openly draining at the time," she explained at [10:12].

• Bloody Syringe: A syringe found in the bathroom bore traces of horse tranquilizer, Bob's blood, and Jane's fingerprint. Jane contended, "I helped Bob clean up a nosebleed. That could have made that happen," at [17:38].

However, the most damning testimony came from Jane's two sons, Nick and Alex, who testified against her, despite Jane and her daughter Claire maintaining their innocence.

In defense, Jane's attorney, Carrie Steigerwalt, introduced an unexpected angle by implicating Claire Dorotek. "Claire hated her father," Bob revealed at [19:15], suggesting potential motives rooted in familial discord. This strategy was controversial and strained family ties, with Claire later expressing regret over the defense's approach.

Conviction and Sentencing

After a four-day deliberation, the jury convicted Jane Dorotek of first-degree murder on May 30, 2001, sentencing her to 25 years to life. Jane reflected on her sentencing at [23:04], saying, "It's hard to keep going." The conviction left her grappling with questions about the fairness of the legal system and the integrity of the evidence presented against her.

Pursuit of Justice: Appeals and New Evidence

Determined to clear her name, Jane embarked on a relentless pursuit of justice from within prison. She highlighted significant flaws in her original trial, including:

• Inadequate Defense: Jane critiqued her legal representation, stating, "I would describe my defense as limited and inadequate," at [24:00].

• Questionable Evidence Handling: She raised concerns about the crime scene's contamination and the mishandling of blood evidence, which her appellate team supported.

In 2012, advancements in DNA testing opened new avenues for Jane's case. Partnering with Loyola Law School's Project for the Innocent, her team sought to re-examine the original evidence, including the rope used in Bob's murder and Bob's own blood samples. The retesting revealed foreign male DNA on several items, challenging the prosecution's narrative that Jane was the sole perpetrator.

Dr. Matthew Troiano, a CBS News consultant, noted, "The defense's decision to accept the bedroom as the crime scene limited their ability to present alternative scenarios," at [25:45]. Furthermore, the DNA results, though not sufficient to identify a new suspect, strongly suggested Jane's innocence by excluding her as a contributor to the blood evidence.

Dismissal and Aftermath

In 2020, buoyed by the new DNA evidence and mounting legal pressure, the San Diego County District Attorney's office took the unprecedented step of requesting that Jane's murder conviction be overturned. Judge [Name] granted a writ of habeas corpus, temporarily releasing Jane from prison on the condition that her case be retried. However, the DA's office sought to pursue the retrial, leading to a contentious legal battle.

By May 2022, just as the retrial was commencing, the prosecution withdrew their case, acknowledging the insufficiency of the remaining evidence to secure a conviction. "I always believe that at some point the truth would come out," Jane expressed emotionally at [40:01]. The charges were dismissed without prejudice, meaning they could be refiled if new evidence emerged, but as of now, Jane Dorotek remains exonerated.

Life After Exoneration

Nearly two decades later, Jane is rebuilding her life, channeling her experiences into advocacy work with groups supporting incarcerated women. Despite the exoneration, shadows from the past linger. Her son Nick tragically passed away in 2023, and strained relationships with her other son, Alex, who remains unconvinced of her innocence, underscore the personal toll of the ordeal.

Jane remains hopeful, emphasizing the broader implications of her case: "Unless we look systemically, how many others are we going to find?" [44:24]. Her story serves as a poignant reminder of the potential miscarriages of justice and the importance of continual scrutiny within the legal system.

Unanswered Questions and Continuing Quest for Truth

While Jane's legal battles have concluded for now, the central question remains: "What happened to Bob Dorotek?" The lack of closure leaves a void in the quest for justice for Bob. Jane’s case underscores the complexities of the criminal justice system and highlights the critical need for rigorous and unbiased investigations.

Conclusion

Jane Dorotek's story is a testament to resilience in the face of wrongful conviction. It underscores the vital role of advocacy, advancements in forensic science, and the pursuit of truth in rectifying injustices. As 48 Hours aptly concludes, "What happened here? We don't know what happened to Bob Dorotek. Where's justice for Robert Dorotek?" [44:53]. Jane's ongoing efforts aim not only to find personal closure but also to prevent future wrongful incarcerations, ensuring that others do not endure similar fates.

Transcript

[Jane Dorotek]

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[Bob Dorotek]

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[Jane Dorotek]

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[Aaron Moriarty]

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[Jane Dorotek]

My name is Jane Dorotek. I spent 20 years in prison for a crime I did not commit. I thought truth and justice was at the front of everything, and it certainly has not been in my case. I wish I just knew what really happened. I wish there was some way to piece it together, somebody to come forward with the truth.

[Aaron Moriarty]

On February 13, 2000, Jane and Bob Dorotek are living together, together in north San Diego.

[Jane Dorotek]

He said he was going out for a jog. That was it. That was the last I talked to him.

[Aaron Moriarty]

She reports her husband missing. There was a search for him as a missing person. The next day, he was found in a location two or three miles away from their home. And I stop about right here. I could see the body. And I said, this is Mr. Dorty. He was found to have blunt force trauma to his head. He. He was found to have injuries consistent with strangulation. It was obvious to me that it was a homicide. They found Bob's blood in his bedroom. The detectives decided because they saw some blood that they were in the crime scene and that Jane was the only one with access to that bedroom and to Bob. There was only one person that could have done this to Mr. Dorotek, and that was his wife, Jane Dorotek.

[Jane Dorotek]

He said, you're under arrest. I was like, what? I would never hurt my husband. Police say circumstantial and blood evidence links Jane Dorotek to her husband's murder. The bedroom was not a crime scene.

[Aaron Moriarty]

I don't doubt that this occurred at.

[Jane Dorotek]

The home, and I don't doubt that she's involved. There was blood on the comforter. There was blood on the pillow sham.

[Bob Dorotek]

There was blood on the headboard.

[Aaron Moriarty]

When you have a home that's a working ranch, you're going to find blood around. It's just problem on top of problem. On top of problem, I would declare this crime scene very contaminated. They focused on one person and turn a blind eye to anything else.

[Jane Dorotek]

Jane Dorotek chose murder over divorce. It felt like a nightmare. And I kept saying, when am I going to wake up?

[Bob Dorotek]

Do you believe that Jane Dorotek got a fair trial?

[Aaron Moriarty]

No, I don't. I'm in no position to say who did what. I don't have a crystal ball to tell you what happened to that man.

[Bob Dorotek]

What do you believe happened to Bob?

[Jane Dorotek]

I believe Bob somehow fell into some kind of situation. I don't know. I lost my husband and then I lost my freedom.

[Aaron Moriarty]

Aaron Moriarty reports. The troubled case against Jane Dorotek.

[Bob Dorotek]

Jane, how would you describe what the last 22 years have been like for you?

[Jane Dorotek]

It's been torturous in many ways, I suppose. Many moments when I thought, how do I keep going? I always used to say this is the most peaceful place on the face of the earth. Nothing feels peaceful anymore.

[Bob Dorotek]

When we first met Jane Dorotek In.

[Jane Dorotek]

2000, the stress of all of it on everyone has been incredible.

[Bob Dorotek]

The life she had once found so serene in the foothills outside of San Diego, life she had shared with her husband Bob, had taken an unimaginable turn.

[Jane Dorotek]

How can this be? How can this happen? Surely I'll wake up and it's a dream.

[Bob Dorotek]

Jane had become the prime suspect in Bob's murder. Authorities believe that she viciously attacked him in their home.

[Jane Dorotek]

I certainly didn't do this. I loved my husband.

[Bob Dorotek]

Jane, 53 years old at the time, and Bob, 55, share more than half their lives together.

[Jane Dorotek]

I was 23 when we were married. Bob was a wonderful, loving, creative person.

[Aaron Moriarty]

Welcome everyone here, those who've been married before and those who haven't.

[Bob Dorotek]

Bob spent most of his career as an engineer. Jane worked as a nurse and later as an executive in the healthcare industry. The couple raised three children, Alex, Claire and Nick.

[Jane Dorotek]

The family has always been incredibly important to both of us.

[Bob Dorotek]

Also important to Jane were their horses, while Jane's passion was breeding and riding.

[Aaron Moriarty]

I'm having a good old time here.

[Bob Dorotek]

Bob was an avid jogger, and that, says Jane, is the last image she has of her husband.

[Jane Dorotek]

Bob was sitting actually in this chair facing the tv.

[Bob Dorotek]

Although Jane was under suspicion, she allowed us into her home.

[Jane Dorotek]

He said he was going out for a jog and he was actually had his jogging suit on, was tying his shoes. That was the last I talked to him.

[Bob Dorotek]

It was around 1pm on February 13, 2000, when Jane says Bob left to go for that Run. As hours passed without any word from him, Jane says she grew concerned.

[Jane Dorotek]

It was beginning to get dark. I decided to go out and look.

[Bob Dorotek]

This is the route Jane says she took to search for Bob, driving up and down the hill where he sometimes ran. By 7:45pm Jane's concern turned to fear.

[Jane Dorotek]

I said enough. This is enough. Something is wrong. And that's when I made the call to the sheriff's department. My first thought that night was maybe.

[Aaron Moriarty]

This man had a heart attack and fell down the embankment along Lake Woolford Road.

[Bob Dorotek]

As Deputy James Blackman and others from the San Diego County Sheriff's Department searched for Bob, concerned friends and family gathered at the Dorotek house.

[Jane Dorotek]

The minute I saw my mom's face, I knew right away something terrible had happened.

[Bob Dorotek]

The Dortec's daughter Claire, 24 at the time, had spent the weekend visiting her aunt and returned home to a distraught Jane.

[Jane Dorotek]

She was freaked out. She was scared, she was nervous, she was crying. It was a horrifying feeling that got more and more horrifying when he wasn't found.

[Bob Dorotek]

And then in the pre dawn hours of February 14, Deputy Blackmon turned into this driveway several miles from the Dora Tick home and noticed a body off the road.

[Aaron Moriarty]

At this point I could see the shirt, the pants and he was laying on his back.

[Bob Dorotek]

From Jane's description, he immediately knew it was Bob Doroton.

[Aaron Moriarty]

I got there a little after 7 in the morning.

[Bob Dorotek]

San Diego County Sheriff's Detective Rick Epson was called to the scene.

[Aaron Moriarty]

There was no evidence of any type of vehicle accident.

[Bob Dorotek]

The evidence Epson did find suggested something else.

[Aaron Moriarty]

I could see that he had blood on his face. There was blood near the back of his head. And I could see that there was a rope around his neck.

[Bob Dorotek]

Bob Dorotek had been bludgeoned and strangled. The one time missing person case had turned into a homicide investigation. Is there anybody you could thank who would want to see your husband dead?

[Jane Dorotek]

Nobody. Nobody.

[Bob Dorotek]

As law enforcement asked Jane questions about Bob, she let them into her home.

[Jane Dorotek]

Come in, search, look for anything.

[Bob Dorotek]

Detective Empson noticed a piece of rope hanging from the porch that caught his attention. Thinking he had just seen something similar on Bob Dorotek.

[Aaron Moriarty]

It appeared to be the exact same type of rope that was found around his neck. The sliding glass door going into the master bedroom.

[Bob Dorotek]

And when investigators got to Bob and Jane's bedroom, they found something more troubling. They believed they were looking at blood spatter.

[Aaron Moriarty]

There was no question in her mind that this assault occurred in the master bedroom.

[Bob Dorotek]

They documented Their findings in this diagram, taking photos along the way of what they believed to be blood on various items in the bedroom and of what appeared to be a large blood stain on the underside of the matt.

[Jane Dorotek]

I do know when Bob had a nosebleed, he made a comment about getting some blood on the mattress.

[Bob Dorotek]

Jane says there was a logical explanation for some of the other blood, too. They had dogs who were injured and had bled.

[Jane Dorotek]

This little dog had an abscess on her cheek that was openly draining at the time. And little drops of blood we'd find as she sat on the couch. The carpet pieces are what the detectives removed, feeling that there was blood on the carpet.

[Bob Dorotek]

The spots of blood investigators said they found all over the bedroom surprised Jane. Do you have any other explanation of how that blood spatter could have gotten there?

[Jane Dorotek]

Not really.

[Bob Dorotek]

On the ceiling, on the window, on the walls?

[Jane Dorotek]

No.

[Bob Dorotek]

Adding to authorities suspicions, was this bloody syringe found in the bathroom garbage. Jane told us she used it to medicate her horses.

[Jane Dorotek]

I know that I give the horses shots all the time. If you go look in my fridge right now, you'll find horse syringes.

[Bob Dorotek]

Investigators theorize that Jane hit her husband with an object in the bedroom and strangled him. She then dressed him in his jogging suit, put him in their truck, and dumped him along the side of the road where his body was found. Why do they believe you killed her husband?

[Jane Dorotek]

You know, I guess I've been through that one a billion times. I don't know.

[Bob Dorotek]

But investigators thought they knew, believing the motive was money and escaping a troubled marriage. Jane was the main breadwinner, and they learned the couple had split up for a year in 1997.

[Jane Dorotek]

I don't make any apologies for the fact that we had rough times, but that doesn't change the fact that we loved each other.

[Bob Dorotek]

And that love, says Jane, is why they reconciled. They had been back living together as a couple for a year and a half before Bob was killed.

[Jane Dorotek]

I really think the separation caused us to really regroup and think about what was important. They were getting along better than they ever had in the past. I was living there, I can tell you that.

[Bob Dorotek]

But law enforcement was unmoved. And three days after Bob Dorotek's body was found, Jane was arrested and charged with first degree murder.

[Jane Dorotek]

I know I didn't do this. I know there's a killer out there, but how am I going to clear myself?

[Aaron Moriarty]

She's baffled because I don't think she knows what happened.

[Bob Dorotek]

Released on bail, Jane started preparing her defense, hiring attorney Carrie Steigerwalt.

[Aaron Moriarty]

She knows that she's placed as the killer and she's not the killer.

[Bob Dorotek]

And at trial, Jane's attorney would present a surprise suspect who he felt was responsible for Bob Dorotek's murder.

[Aaron Moriarty]

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[Bob Dorotek]

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[Aaron Moriarty]

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[Jane Dorotek]

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[Jane Dorotek]

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[Aaron Moriarty]

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[Jane Dorotek]

Come on. I know that I'm innocent, but I don't have any more faith in the legal system. I believe I could be convicted for something that I didn't do, and that's very scary.

[Bob Dorotek]

While Jane worried about her outcome at trial, Claire Dorotek was much more confident about her mother's chances.

[Jane Dorotek]

My mom could not have done this crime. She didn't have the motive and she didn't have the opportunity.

[Bob Dorotek]

But when the case went to trial in 2001, a year after the murder, prosecutor Bonnie Howard Regan described the Dorotex marriage as seriously troubled and told jurors that Jane didn't want to pay Bob alimony in a divorce.

[Jane Dorotek]

Bob Dorotek never went jogging and he never left that residence alive.

[Bob Dorotek]

According to the state, Bob had actually been killed Saturday night, nearly a day before Jane reported him missing. The autopsy performed by Dr. Christopher Swalwell showed undigested food consistent with what Jane said they had for dinner that night.

[Jane Dorotek]

Are you able to give us an estimate of how long after Mr. Dorotek ate, how long after that he was killed?

[Aaron Moriarty]

Yes, it was very shortly after he ate. I would say it was probably within a couple of hours.

[Bob Dorotek]

And he wasn't killed on the side of the road. The prosecutor said there wasn't enough blood there. Instead, she said Bob's blood was all over the bedroom. Lead detective Rick Empson testified he had asked Jane to explain that she'd indicated.

[Aaron Moriarty]

Initially that she had a dog that had been bleeding, and then indicated that approximately a week prior, Bob had a bloody nose over in the corner by the stove and that Bob had cleaned it up.

[Bob Dorotek]

There was evidence someone cleaned the bedroom. The carpet next to the potbelly stove and tiled floor was wet and had blood stains underneath. Did any of the blood from his nosebleed go on the carpet?

[Jane Dorotek]

Mm.

[Bob Dorotek]

Do you know where?

[Jane Dorotek]

Mm. Right next to the tile. Because I'm the one that helped him clean it.

[Bob Dorotek]

Authorities dismissed Jane's explanations. Their theory was that Jane hit Bob in the head in their bedroom with an object while he was lying in bed. Although they never identified or found any weapon. Charles Merritt, a criminalist and blood stain pattern analyst for the San Diego County Sheriff's crime lab, recounted 20 locations where he saw blood stains on one of.

[Jane Dorotek]

The pillows on a lamp.

[Aaron Moriarty]

This particular nightstand on the potbelly stove was on the ceiling itself and then on the underside of the mattress.

[Bob Dorotek]

The jury was also shown this evidence of tire tracks found near Bob's body. The state's expert, Anthony Di Maria, said he matched the three different types of tires on Dorotek's truck.

[Jane Dorotek]

Are you saying the measurements taken at the scene were equal to the measurements taken off the actual vehicle? Yes.

[Bob Dorotek]

The most telling evidence connecting Jane to the murder, according to the prosecutor, was that syringe found in the bathroom. It had traces of a horse tranquilizer inside. And even though there was no evidence that Bob had been injected with anything, it had Bob's blood and a bloody fingerprint on it.

[Jane Dorotek]

The evidence will show that the fingerprint on this syringe was Jane Dorotic's.

[Bob Dorotek]

Can you explain that?

[Jane Dorotek]

I can't really explain it, other than I know that I helped Bob clean up a nosebleed. And if that's the same time when I took the syringes and threw them in the trash and there was some blood on my hand, that could have made that happen.

[Bob Dorotek]

But perhaps the most powerful witnesses were the Dorotec's two sons, Nick and Alex. They both testified against their mother.

[Jane Dorotek]

Did you say anything specifically about the syringe?

[Aaron Moriarty]

Well, I asked her how it got there and what it was doing there.

[Jane Dorotek]

And what was your mother's response?

[Aaron Moriarty]

She said that her biggest fear in all of this was that us family members would start questioning her. Your mother always settled things logically. Tried to. No. You wouldn't agree with that statement? Nope. It would be my mom basically saying, this is what you have to accept. And then my dad would either accept it or there would be threats of divorce or something. That's what I remember from growing up.

[Bob Dorotek]

Jane's attorneys, Carrie Steigerwalt and Cole Casey, admitted it was a big blow. Would you say that's been the most damaging testimony?

[Jane Dorotek]

Yeah.

[Aaron Moriarty]

It's not what they said. It's the fact that they were there testifying for the prosecution when it came.

[Bob Dorotek]

Time for the defense to present its case. Steigerwald actually agreed with the prosecution on a major point, that the murder took place in the bedroom. But he had a jaw dropping alternative suspect. Claire Dorotek, ladies and gentlemen. Claire hated her father, he claimed. Claire, an avid horsewoman, hated her father because he threatened to sell the animals she loved and suggested that she was capable of murder.

[Aaron Moriarty]

That's what Claire is, a hot tempered, explosive individual.

[Bob Dorotek]

It was a risky strategy that Jane reluctantly agreed to.

[Jane Dorotek]

All I can do is trust what Carrie says is the best way to go.

[Bob Dorotek]

Are you at all concerned that the jury will wonder about a woman who would allow herself to be defended by pointing the finger at her daughter? Could that work against the two of you?

[Aaron Moriarty]

It may. I don't know. I think it is the most viable defense, and I think it's supported by the best evidence.

[Bob Dorotek]

Steigerwald insisted James wasn't physically able to commit the murder, but Claire was.

[Aaron Moriarty]

She runs marathons and she's a personal trainer. She is as fit a woman as you will see at the age of 24.

[Bob Dorotek]

But remember, Claire and her aunt said they were together two hours away.

[Aaron Moriarty]

They called the aunt. That's the extent of the investigation on the alibi of Claire Dorothea.

[Jane Dorotek]

Could Ms. Claire Dortik please step forward?

[Aaron Moriarty]

That alibi is nonsense.

[Jane Dorotek]

You are going to assert your Crick Amendment rights, correct?

[Bob Dorotek]

The jurors never heard from Claire or Jane who chose not to testify. But they did hear from a woman who said she thought she saw Bob the day he disappeared, sitting between two men in a black pickup truck not far from where his body was found.

[Aaron Moriarty]

Who killed Robert Dorotek? Was it Claire Dorotek? Or, ladies and gentlemen, was it someone else?

[Bob Dorotek]

In his closing argument, Steigerwald accused investigators of dismissing witnesses like that woman and focusing only on Jane.

[Aaron Moriarty]

The prosecution had focused on one person, and that's not the way to conduct an investigation. It's not the way to run a case.

[Jane Dorotek]

Jane Dorotek and Bob Dorotek were the only two people in that home that weekend.

[Bob Dorotek]

Bonnie Howard Regan says there's no need to investigate further when you have sufficient evidence.

[Jane Dorotek]

They searched that bedroom and they saw all the blood and they knew that was the crime scene. What more investigation do they need to do?

[Bob Dorotek]

It took the jury four days to return a verdict.

[Jane Dorotek]

We, the jury needed in the above title cause find the defendant Jane Marguerite Dorotek guilty of the crime of murder in the first degree in violation of penal code section.

[Bob Dorotek]

Did Jane Dorotek get a fair trial?

[Aaron Moriarty]

No. No. Because fairness means that you're presenting things accurately. And it appears like it was not done accurately.

[Jane Dorotek]

Juror number eight? Yes. Juror number nine? Yes. Juror number 10? Yes.

[Aaron Moriarty]

Go behind the scenes with the 48 Hours Postmortem podcast.

[Jane Dorotek]

It almost didn't register for a minute. It's like, no, this can't be. I was so certain that I was walking out. I thought they would see the truth.

[Bob Dorotek]

Jane Dorotek never imagined she'd be found guilty.

[Jane Dorotek]

It's hard to keep going.

[Bob Dorotek]

At the time of her conviction for the murder of her husband, she was 54 years old and sentenced to 25 years to life.

[Jane Dorotek]

I mean, I just. I can't see my way clear to all I. In prison, I just can't see it.

[Bob Dorotek]

Determined to prove the jury got it wrong, Jane became her own advocate, working on her case for many years. We spoke with Jane again two decades later about her efforts.

[Jane Dorotek]

All through the prison, my prison journey, I continued to write all innocence projects I could think of, asking for help. At the same time realized that I had to fight for myself.

[Bob Dorotek]

Jane filed motions from prison citing such issues as insufficient evidence and ineffective assistance of counsel.

[Jane Dorotek]

I would describe my defense as limited and inadequate.

[Bob Dorotek]

In her filings, Jane indicated that she wanted to testify at her trial, but had left that decision up to her attorney and that had she testified, she could have explained stomach contents stating that he sometimes ate leftovers from the previous night. She also described her attorney's alternate suspect theory, pointing to her daughter Claire as a killer, as absurd. Do you believe that your daughter Claire had anything to do with the death of her daughter?

[Jane Dorotek]

Absolutely, unequivocally not. And my defense attorney, everybody knew she was away for that weekend.

[Bob Dorotek]

In regard to that defense strategy, Claire later wrote in a book, how could I be angry at my mother when all I did was worry about her? Jane's lawyer, whom we interviewed at the time of her trial, did not speak with us again.

[Jane Dorotek]

That was the worst strategy of my life ever. I said to my attorney, if anything happens to Claire, I'm going to stand up and say I did it.

[Bob Dorotek]

In her filings, Jane also questioned why her defense attorney accepted the bad forensics, pointing to the bedroom as the murder scene. Rather than presenting other scenarios as to where and how Bob Dorotek could have been murdered, did the defense too easily accept the bedroom as a crime scene?

[Aaron Moriarty]

That is a very legitimate.

[Bob Dorotek]

CBS News consultant Matthew Troiano, a former prosecutor and current defense attorney, was not involved in the Dorotek case, but he reviewed some of the court documents.

[Aaron Moriarty]

At our request, the defense made a strategic decision. Are we going to dispute that a crime happened in this location, or are we essentially going to concede that it happened there and then come up with a different narrative of how it happened there? And they chose the latter.

[Bob Dorotek]

And that decision, Troiano says, likely led the defense to point the finger at Clair for the murder.

[Aaron Moriarty]

They had to blame somebody else for something that happened in a specific location, and they, at least as it relates to the daughter, you know, went back to her having some disagreement with her father about something, and it was a risk.

[Bob Dorotek]

Have you ever seen that kind of defense?

[Aaron Moriarty]

You don't. You don't see it. I mean, you could happen when there are clear facts and evidence to support it, but when there are none, that's, you know, that's a showstopper.

[Bob Dorotek]

And, in fact, Claire was never charged with any wrongdoing in connection to her father's murder. The defense accepting the bedroom as the murder scene is especially puzzling to Troiano, as there were reports from several eyewitnesses who said they saw a man jogging that day. Accounts consistent with Jane's depiction of events, not the prosecution's.

[Aaron Moriarty]

That's critical, critical evidence.

[Jane Dorotek]

And all of that was really not pursued. And I didn't know of all of the witnesses. Had there been a thorough investigation initially, all of that would have come out.

[Bob Dorotek]

Through the years in filings, Jane raised problems with the entire case against her, arguing that authorities focused on her from the very beginning of the investigation and failed to follow other investigative leads. But motion after motion was denied. And regarding Jane's ineffective counsel claims, the judge rejected them all, ruling that her attorney's performance was not deficient and that his actions had not affected the outcome of the case.

[Jane Dorotek]

There were many moments where I doubted, when is this ever going to turn around? Many, many moments.

[Bob Dorotek]

Still, Jane didn't give up. She continued looking for new evidence to clear her, especially as DNA testing became more advanced. In 2012, she filed a petition for DNA testing of that rope found around Bob's neck and other items like Bob's fingernail clippings, which had been saved but never tested. And in 2015, the motion was granted. Is that unusual that she finally even got testing based on her filing motions on her own.

[Aaron Moriarty]

Yes, it's very atypical.

[Bob Dorotek]

It was at this time that Jane finally got the attention of a wrongful conviction group, Loyola Law School's Project for the Innocent.

[Jane Dorotek]

I get this wonderful letter from Loyola saying you've contacted us and we're interested in your case. And after that, Loyola took over, got.

[Bob Dorotek]

The testing done, and what that testing revealed, as well as a fresh examination of other evidence, would change the course of the case.

[Aaron Moriarty]

That's really what flips the script to say that there's more here. This is more than just an inadequate investigation. There is a different narrative that's running through these test results. There is physical evidence that another person could be involved.

[Jane Dorotek]

On WhatsApp, no one can see or hear your personal messages. Whether it's a voice call message or sending a password to WhatsApp, it's all just this. So whether you're sharing the streaming password in the family chat or trading those late night voice messages that could basically become a podcast, your personal messages stay between you, your friends and your family. No one else, not even us. WhatsApp message privately with everyone. Hey, it's Morgan Absher. And I'm Caitlin Moore, and we're the hosts of the Crime House original podcast, Clues. Every Wednesday, we sneak past the crime.

[Bob Dorotek]

Scene tape and open a new case.

[Jane Dorotek]

File for some of the most gripping true crime cases.

[Bob Dorotek]

Follow and listen to Clues, an Odysey podcast in partnership with Crime House, available now on the free Odysee app and.

[Jane Dorotek]

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[Bob Dorotek]

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[Aaron Moriarty]

When you talk about the evidence in this case, the subsequent testing reveals that you might have a different explanation for things that really shed light on what may have happened here.

[Bob Dorotek]

Jane Dorotek spent years behind bars asking for a new examination of the evidence used to convict her of her husband Bob's murder. Now working with a team from Loyola Project for the Innocent, the court allowed them to have new DNA testing on items such as the rope found around Bob Dorotek's neck, his fingernails and clothing. Appeal filings state that foreign male DNA was found on several items.

[Jane Dorotek]

The results of that none of my.

[Aaron Moriarty]

DNA anywhere there is physical evidence from fingernail clippings, from a rope, from his clothing that is foreign to Jane.

[Bob Dorotek]

The team from Loyola Project for the Innocent declined to be interviewed. We asked Nathan Lentz, a professor of biology and forensic science at John Jay College of Graduate Criminal justice, who was not involved in the case, to review court documents about new evidence such as the DNA on the rope.

[Aaron Moriarty]

While they didn't get a profile that would be good enough to search a database or even match to a suspect, they did get enough DNA that is not attributable to Bob or to Jane.

[Bob Dorotek]

But while Jane and her team believe the results pointed to her innocence, the state came to a different conclusion, stating in filings the DNA obtained was too low level to make any reliable interpretation. Lentz agrees the DNA levels were low, but he believes it was enough to exclude Jane and that the absence of Jane's DNA on the rope as well as under Bob's fingernails or on his clothing is significant.

[Aaron Moriarty]

With the theory of crime that they presented, you would expect a lot of Jane's DNA on Bob. And if she had moved his body, you know, there's a lot of DNA transfer that might have taken place there that wasn't found.

[Bob Dorotek]

The appellate team also reviewed the bedroom blood evidence, the prosecutor told the jury, was fully tested and was Bob's.

[Jane Dorotek]

Now, the evidence will show that all this blood, it has been described to you, the observations made in this bedroom, that it was all sent out for DNA analysis and it all came back.

[Bob Dorotek]

To Bob Dorotek's blood. But according to the appeal, not every single spot in the bedroom believed to be blood was tested. Instead, representative samples were tested.

[Aaron Moriarty]

There were cases where just simply one swab with a control was taken and it was representative of a variety of spots. That's not good practice. It just invites misinterpretations. When you're talking about blood spatter and you're trying to analyze how it got there, you need to do a fairly comprehensive test to be able to draw the conclusion that you're drawing.

[Bob Dorotek]

But I think the prosecution could argue you can't afford to test, can you, every single drop that looks like, like blood, Right.

[Aaron Moriarty]

But when you say we did everything and that's not accurate, that's where the problem lies.

[Bob Dorotek]

In fact, the appellate team says that several blood like stains on items, including a pillow sham, the nightstand, a lampshade, turned out not to be blood. And there were those stains on the bedspread which criminalist Charles Merritt pointed to at trial and described as Bob's blood.

[Aaron Moriarty]

Two of the actual stains circled by little red dots.

[Bob Dorotek]

Jane's lawyers learned those particular spots were never tested at all. And due to improper storage, the bedspread could not be tested again.

[Aaron Moriarty]

So we don't know that it was blood at all.

[Bob Dorotek]

The handling of the evidence over the course of the entire investigation was also raised on appeal.

[Aaron Moriarty]

This one is hard to even look at. You have an investigator who definitely should know better, you know, handling murder evidence with his bare hands. In addition to obviously depositing his own DNA all around this crime scene, he's also risking transferring evidence from among the various spots that he's collecting.

[Bob Dorotek]

And there's that syringe with Bob's blood and Jane's fingerprint found in the bathroom garbage. Something the appellate team and Lentz thought could be explained.

[Aaron Moriarty]

And if you throw that syringe in the garbage can, Bob throws a bloody Kleenex in that garbage can, they can transfer. Transfer of DNA from one object to another in a trash can is not unexpected.

[Bob Dorotek]

Lentz feels the fact that the syringe was even found in the garbage points fingers away from Jane.

[Aaron Moriarty]

If you're cleaning up after a murder, you won't leave the bloody syringe in the waste package basket.

[Bob Dorotek]

But the state stood by its original investigation, maintaining the bedroom was the murder scene, stating that the evidence still points to Jane Dorotek as the killer and that the defense arguments are largely derived from speculation and misstatements of fact. Jane's appellate team, though, maintains the bedroom did not even look like a crime scene, something Lentz also believes there is.

[Aaron Moriarty]

Not a consistent pattern to the evidence that indicates a violent bludgeoning that took place in that bedroom. If Bob were alive today and investigators had walked in his room, no one would say, oh, this looks like someone was murdered here.

[Jane Dorotek]

If you just look at all of the pieces of evidence that Loyola was able to absolutely take apart. And yet we know what was told to the jury in the original conviction. So how can that happen?

[Bob Dorotek]

As her attorneys reviewed evidence, Jane Dorotek in 2020, was temporarily and conditionally let out of prison due to Covid health concerns. The question now became, was the new evidence her lawyers were finding enough to make her release permanent.

[Aaron Moriarty]

What do you think about the new DNA test results? Chat now with Erin Moriarty on x.

[Bob Dorotek]

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[Jane Dorotek]

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[Aaron Moriarty]

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[Jane Dorotek]

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[Jane Dorotek]

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[Bob Dorotek]

In the summer of 2020, Jane Dorotek and her team hoped a court would overturn the jury's verdict, turning her temporary release from prison into lasting freedom. What were their major points?

[Aaron Moriarty]

The testing that was done initially was insufficient. The way that that testing was presented to the jury was inaccurate. There were a number of different arguments that they made.

[Bob Dorotek]

A hearing was scheduled, but then suddenly the state requested an unplanned virtual hearing.

[Aaron Moriarty]

The people are willing to concede Petitioner's new evidence claim.

[Bob Dorotek]

The prosecution admitted what Jane's lawyers had argued all along.

[Aaron Moriarty]

The DNA evidence as it exists now in 2020, is much different in quality and quantity than presented at trial in 2001.

[Bob Dorotek]

That the new DNA test results, as well as issues with how the sheriff's crime lab handled evidence, cast doubt on the verdict. But what came next was even more unexpected. The state requested that Jane's murder conviction be overturned, and the judge agreed.

[Aaron Moriarty]

I'm going to grant the motion for the writ.

[Jane Dorotek]

Thank you.

[Aaron Moriarty]

Thank you, you, Honor.

[Jane Dorotek]

I always believe that at some point the truth would come out.

[Bob Dorotek]

But Jane's ordeal wasn't over. Three months later, in another shocking move, the DA's office decided to retry her.

[Jane Dorotek]

I don't think any of us thought that San Diego county would attempt to retry me, but they did.

[Aaron Moriarty]

The state believes that she did this and they want to pursue it.

[Bob Dorotek]

But in order to retry her, the prosecution first had to demonstrate to the judge that there was still enough evidence to prove Jane killed Bob. Despite the new DNA results and the questions about the initial testing, we are back on the record, all party account.

[Aaron Moriarty]

Then you have this battle in court. If you're conceding that there were problems. How are you going to do it again? Essentially with the same evidence.

[Jane Dorotek]

It was astounding to sit in that courtroom and see what they try and put forward forward as actual evidence. And then also thrilling to see my team take it apart.

[Bob Dorotek]

The youth only state Jane's attorneys questioned the credibility of several of the state's experts, including Charles Merritt of the sheriff's crime lab. The judge ultimately ruled that the new trial could go ahead, but that some key evidence presented in her original trial would not be admissible. Including those tire tracks near where Bob's body was found that were linked to Jane's truck.

[Aaron Moriarty]

You have a number of different trucks that could be consistent with those tire tracks. It's in essence kind of junk. Sciencey.

[Bob Dorotek]

In May 2022, just as jury selection was about to begin, the prosecution surprised everyone yet again.

[Aaron Moriarty]

Remain seated and come to order.

[Jane Dorotek]

This courtroom is now in session. We go into court as the jury is assembled and ready to come into the courtroom. Monday morning and everything's changed.

[Aaron Moriarty]

We no longer feel that the evidence is sufficient to show proof beyond a reasonable doubt and convince 12 members of the jury. So we are requesting the court dismiss the charges at this time. Thank you, Store Tech. You are free to go and good luck to you.

[Jane Dorotek]

It is overwhelming to realize that now I can determine my own future. It's something I've prayed for and hoped for.

[Bob Dorotek]

After the hearing, Jane's attorney spoke about her decades long fight.

[Aaron Moriarty]

Jane's dignity in standing up and stoically fighting for her innocence against the every risk and every threat. That's why this case got dismissed today. And as far as we're concerned, we're moving on.

[Bob Dorotek]

The district attorney's office and sheriff's department declined to speak with 48 hours. The case against Jane Dorotek was dismissed without prejudice, which means if new evidence surfaces, charges could be brought against him. But then doesn't that leave still a shadow over Jane Dorotek?

[Aaron Moriarty]

Oh, sure it does. I mean, there's no question about it. From a practical perspective. Do I think it's over? Yeah, I think it's over. But from a legal perspective, no.

[Bob Dorotek]

Jane Dorotek is working to rebuild her life after spending nearly two decades in prison.

[Jane Dorotek]

My entire family has been blown apart by this hurricane of events. It's been heartbreaking on so many levels.

[Bob Dorotek]

Claire Dorotek did not respond to our request for comment, but Jane says they are still close. Her son nick died in 2023. Alex Dorotek did not provide a comment of 48 hours, but according to filings by the state, he remains convinced his mother killed his do you have hope that your family will come together at some point?

[Jane Dorotek]

Of course I do. Of course I have hope.

[Bob Dorotek]

Jane also has hope that she could make a difference in other people's lives as she works with advocacy groups that help incarcerated women.

[Jane Dorotek]

To me, it's not just about my story. And yes, we can all sit here and say, this is so horrendous and how did this happen to this woman? But unless we look systemically, how many others are we going to find? And to me, that's critically important.

[Aaron Moriarty]

Having a good old time here.

[Bob Dorotek]

Many unanswered questions about this case remain, including perhaps the most important one.

[Aaron Moriarty]

What happened here? We don't know what happened to Bob Dorotek. Where's justice for Bob? Where's justice for Robert Dorotek? Need more time with 48 Hours, go deep behind every true crime episode with first hand accounts from 48 Hours Investigations.

[Bob Dorotek]

Were you at all prepared for what happened in this case?

[Aaron Moriarty]

Shock is the word that comes to mind. Get inside the twists and turns and get in on the case. Listen to postmortem from 48 hours, now available wherever you get your podcasts this Friday. May I speak freely?

[Jane Dorotek]

I prefer English.

[Aaron Moriarty]

The Naked Gun is the most fun you can have in theaters. Yeah, let's go without getting arrested.

[Jane Dorotek]

Is he serious?

[Aaron Moriarty]

Is he serious? No. The Naked Gun only in theaters. Summer of cinema is here and Pluto TV has thousands of free movies. Stream blockbusters like Gladiator, the movie Matrix trilogy, Boys in the Hood, Good Burger and Jerry Maguire all totally free on Pluto tv. Stream now. Pay never.