A Deadly Path - Part 2 (Justis Marie Garrett)

Summary

Anatomy of Murder: "A Deadly Path - Part 2 (Justis Marie Garrett)" Summary

Release Date: September 24, 2024

Introduction

In the gripping second part of "A Deadly Path," hosts Anna-Sigga Nicolazzi and Scott Weinberger delve deeper into the harrowing case of Justis Marie Garrett, a 16-year-old whose life was tragically cut short. This episode meticulously dissects the layers of the murder—from the victim and the crime itself to the intricate investigation that ultimately led to justice.

Background of the Case

In April 2018, the serene community of Deland, Florida, was shaken by the discovery of Justis Marie Garrett's body in the woods. Initially reported missing after failing to attend school, Justis had been traveling with her mother's boyfriend, Robert Kern. The case quickly unraveled as investigators grew suspicious of Kern's inconsistent statements and behavior.

Investigation and Evidence

The investigation into Justis's disappearance was complex, hinging largely on circumstantial evidence that gradually built a compelling case against Robert Kern.

1. Suspicious Behavior and Phone Data ([04:08] - [06:37])

   • Kern claimed he allowed Justis to skip school and drop her off elsewhere, but inconsistencies arose when phone data revealed he had driven directly to the area where Justis's body was found on the morning she went missing.
   • Megan Upchurch, Assistant State Attorney: "When you put it all together and you see all the messages over those several weeks... it adds an entire layer of depravity that I've never seen in any other case." ([03:01] - [03:40])

2. Phone Evidence and Forensic Analysis ([07:13] - [10:48])

   • Police confronted Kern with his phone data, which he attempted to refute. The forensic analysis confirmed that his phone had been in the vicinity of the crime scene multiple times, raising red flags about his involvement.
   • Scott Weinberger: "I do believe there's enough forensic research... the offender returns back where, let's say a body is dumped hastily." ([05:47] - [06:16])

3. Physical Evidence ([12:09] - [14:24])

   • Kern's car contained stained sweatpants with bleach splatters, suggesting an attempt to destroy evidence. Additionally, his old phone, initially thought to be irreparable, eventually provided a wealth of incriminating information.
   • Megan Upchurch: "It was almost like law enforcement did such a thorough, massive investigation..." ([14:29] - [14:43])

4. Social Media and Digital Footprint ([26:38] - [31:53])

   • Kern's old phone revealed disturbing internet searches related to date rape drugs and inappropriate interactions on social media, including an Instagram account used to communicate with Justis under a false identity.
   • Anna Sega Nicolasi: "The searches were horribly consistent with the facts of the case..." ([27:56] - [28:19])

5. Botanical Evidence ([45:42] - [47:25])

   • A botanist's analysis of a leaf found in Kern's car linked him directly to the crime scene, adding another layer of evidence that tied him to Justis's murder.
   • Scott Weinberger: "Recognizing it in a photograph and then being able to put the puzzle together..." ([46:13] - [47:10])

The Trial

After a prolonged investigation, Kern was arrested in New York in February 2019 for unrelated fraud charges and subsequently extradited to Florida to face charges for Justis's murder. The prosecution, led by Assistant State Attorney Megan Upchurch, meticulously presented a case built on circumstantial evidence, emphasizing Kern's deceptive behavior, digital footprint, and physical evidence.

1. Prosecution's Argument ([36:04] - [39:23])

   • Megan Upchurch likened her investigative approach to that of a collegiate soccer player, emphasizing thorough preparation.
   • Megan Upchurch: "I approach cases similarly to how I approached at that time, my passion in the sports..." ([36:04] - [36:29])

2. Closing Arguments ([48:03] - [49:34])

   • Chief of Homicide Assistant State Attorney Jason Lewis delivered a poignant closing statement, laying out the evidence against Kern and painting a vivid picture of the crime.
   • Jason Lewis: "He raped her, he kidnapped her..." ([49:21] - [49:34])

Verdict and Aftermath

After closing arguments, the jury deliberated for only 30 minutes before finding Robert Kern guilty of first-degree murder and evidence tampering. Given Florida's mandatory life sentence for such convictions, Kern was sentenced accordingly. The verdict provided a semblance of closure for Justis's family, though the pain of her loss remains profound.

1. Impact on the Family ([50:13] - [50:46])

   • Danielle Garrett, Justis's mother, found solace in the verdict, allowing her to begin healing while continuing to support her other children.
   • Megan Upchurch: "I think after this, she was able to really take a step back..." ([50:22] - [50:46])

2. Legacy and Reflection ([51:04] - [52:31])

   • The hosts emphasized the importance of remembering victims like Justis, advocating for community support and vigilance to prevent such tragedies.
   • Scott Weinberger: "Her name and her spirit should serve as a moving reminder..." ([51:04] - [52:31])

Conclusion

"A Deadly Path - Part 2" offers an exhaustive exploration of the Justis Marie Garrett case, highlighting the meticulous efforts of law enforcement and the prosecution in securing justice. Through detailed analysis and poignant reflections, Anna-Sigga Nicolazzi and Scott Weinberger honor Justis's memory while shedding light on the complexities of unraveling such a tragic crime. This episode serves not only as a testament to Justis's life but also as a compelling narrative on the pursuit of justice in the face of overwhelming adversity.

Notable Quotes

• Megan Upchurch: "It adds an entire layer of depravity that I've never seen in any other case." ([03:01] - [03:40])
• Scott Weinberger: "I'm Scott Weinberger, investigative journalist and former deputy sheriff." ([03:40])
• Anna Sega Nicolasi: "You know, Scott, it definitely is a technicality in a sense..." ([11:10] - [11:26])
• Megan Upchurch: "He really does everything he can to try to get the spotlight off of him." ([23:03] - [23:16])
• Anna Sega Nicolasi: "Every piece of evidence points to that." ([49:21] - [49:28])

Final Thoughts

The "Anatomy of Murder" podcast meticulously unpacks the layers of a heinous crime, providing listeners with an insider’s perspective on the intricate dance between victim, perpetrator, and the relentless pursuit of truth by investigators and prosecutors. "A Deadly Path - Part 2" stands as a powerful narrative on justice, resilience, and the enduring human spirit.

Transcript

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[Anna Sega Nicolasi]

Hello Anatomy of Murder listeners. We wanted to remind you that you can find us on instagram @annaseganicolozi and weinberger media to keep in the loop on all things AOM and the new things we're up to. Follow us today and we would love to hear from you. Feedback and case submissions can go to infooompodcast.com.

[Scott Weinberger]

Previously on Anatomy of Murder.

[Danielle Garrett]

A preliminary investigation revealed that these were the human remains of a female. The identity and the race of the female could not be determined at this time, nor was it apparent to any of our investigators what caused her death.

[Megan Upchurch]

She confronts him Essentially my daughter's been missing for weeks and you're lying. And that was the last time Danielle spoke to Bobby. And when you put it all together and you see all the messages over those several weeks and when you find out what he knew and what Danielle must have been feeling knowing her daughter's missing, it adds an entire layer of depravity that I've never seen in any other case.

[Scott Weinberger]

I'm Scott Weinberger, investigative journalist and former deputy sheriff.

[Anna Sega Nicolasi]

I'm Anna Sega Nicolasi, former New York City Homicide prosecutor and host of Investigation Discoveries True Conviction.

[Scott Weinberger]

And this is Anatomy of Murder. We just want to give you a reminder, this is the second part of a two part story. So if you haven't listened to part one, go back and listen to that first.

[Anna Sega Nicolasi]

In April of 2018, the body of 16 year old Justice Marie Garrett was found in the woods of Deland, Florida. She had been reported missing when she didn't show up for school after catching a ride with her mother's boyfriend, Robert Kern.

[Scott Weinberger]

When police interviewed Kern, he claimed that justice wanted to skip school. Kern agreed not to tell her mother Danielle, and instead of driving her to school, he said he dropped her off somewhere else where she would be meeting friends.

[Anna Sega Nicolasi]

But police were suspicious of Kern and with good reason. He hadn't told anyone for weeks that he had not dropped off justice at her school, even as he helped her family and friends in the search. There was also his phone data which police had subpoenaed. It showed that on the morning justice went missing, Kern had driven direct directly to the area where her body was ultimately found.

[Scott Weinberger]

Was it just coincidence or something more? When police dug deeper into Kern's phone data, they noticed another visit to the same area. This one took place three days after justice went missing. Here is Assistant State Attorney Megan upchurch of Florida's 7th Judicial Circuit.

[Megan Upchurch]

So at that point we knew he had gone to a location where the body was found before anyone knew there was a body there. The only person that would know what was there is the person who put the body there.

[Anna Sega Nicolasi]

You know, Scott, it definitely is odd. The idea, if you want to look at this, whether from an innocent standpoint or something more sinister, why go back to that same area? And for me, I automatically go to that. You would be looking to see if you had covered tracks.

[Scott Weinberger]

I do believe there's enough forensic research on Asiga that talks about offenders returning to the scene of the crime for, let's just say, the thrill of it. And there's also cases, of course, where the offender returns back where, let's say a body is dumped hastily, and they want to start questioning whether they may have left any evidence that could point back to them, especially sort of DNA forensics. And that gives them an opportunity potentially to discard the evidence before the body may be located. So I think it could go both ways.

[Anna Sega Nicolasi]

And with respect to this case and Kern's phone, his phone had stayed in that location for over an hour. Now, Kern worked as a handyman, a job that required regular travel. But the fact that he was in this area where Justice's body was found not once, but twice, right around the time of her disappearance, was raising alarm bells with police.

[Scott Weinberger]

Now, a month before, they had confronted Kern with the location data they had obtained from Justice's phone showing she had never went in the direction of her school. That conversation led to Kern admitting that he hadn't taken her to school. Now he was claiming that he had helped justice skip school and taken her to meet up with her friends instead of dropping her off at her high school.

[Anna Sega Nicolasi]

On that day, investigators decided it was time to confront him using information they had gained from his phone. In June of 2018, police approached Kern at his home, and he agreed to speak with them.

[Scott Weinberger]

They asked him about the woods where justice was found and if he had ever been there before.

[Megan Upchurch]

They learned through that conversation that he did have familiarity with those woods. He admitted to having been there before and knowing the area he had been from that area and had lived there as well.

[Scott Weinberger]

Kern also said he had several clients in that general area. While he couldn't recall specifics, he told police that work had taken him there the morning justice went missing.

[Megan Upchurch]

Each time he was confronted with another piece of information that showed that his statement didn't make sense, he came up with something new to try to explain it. Oh, I had a job out there. Oh, I had to go do an estimate over here. And he used the transient nature of his work to try to explain why his phone would have been showing there.

[Anna Sega Nicolasi]

Police wanted specifics. When the questioning got more pointed, Kern challenged the phone data the police were citing.

[Scott Weinberger]

You know what? It's understandable that many people don't realize that a phone is constantly pinging towers in whatever area they may be in, Even when the phone is idle. The geolocating data of a phone can be very specific, depending on the number of cell towers and proximity of a phone to those towers. And Anecy, I have said this so many times. You know, over the years, this type of evidence has become law enforcement's secret weapon because of the fact that most people always have their phones on them. Right. And those phones are always searching for a signal, and that's the way that, as you know, smartphones are set, constantly searching for the best connection to the closest tower.

[Anna Sega Nicolasi]

And, you know, while Kern tried to challenge what he was being presented with by police, they stood by the data and said, you can say whatever you want, but we have proof from the records we've obtained from your phone.

[Megan Upchurch]

He stayed there for over an hour. We had over 300 points over that period of time that had him pinging in that area.

[Scott Weinberger]

When Kern didn't like the answers he was getting, he said he didn't trust the data and ended the interview right there.

[Anna Sega Nicolasi]

The information provided by his phone was compelling and painted a picture that was suspect, to say the least. But it was only a theoretical picture of what happened to Justyce.

[Scott Weinberger]

In order to have a prosecutable case, investigators really still had a long way to go.

[Megan Upchurch]

It's really just the beginning. Because there was no apparent way to determine how she died.

[Scott Weinberger]

If you recall, in part one, Justice's body was taken to a special lab that examines skeletal remains because there was a significant amount of tissue missing from the upper half of her body.

[Megan Upchurch]

Well, what was strange about the differential decomposition of the body was how much tissue was still present in the bottom portion of the body and how it was almost completely missing from the top portion of the body.

[Anna Sega Nicolasi]

The state of her body made it almost impossible to tell if there were any recent injuries, like a stab wound or a gunshot wound, which would have pointed to a cause of death.

[Megan Upchurch]

So it was a little unclear because the body wasn't complete. Animal activity had taken some pieces and parts of it. Like, for instance, there was no hyoid bone, so we weren't able to use that to determine cause of death and the like. In fact, we didn't have a cause of death in this case.

[Anna Sega Nicolasi]

And, you know, Scott, we have talked about this multiple times before. While it's definitely a challenge when prosecutors can't point to an actual cause of death here, the. The way that justice was found, and there were many indicators that clearly they can rule this a homicide, even if they don't know specific means. But it definitely is another hurdle that in this case, they're already up against so many.

[Scott Weinberger]

Yeah, I see it really as a technicality in a sense, because you clearly see the injuries in this case and where her body was left, and you clearly know this is a homicide. And so at this point in the investigation, there were more unknowns than knowns.

[Megan Upchurch]

When you have a body in the State of decomposition as severe as this one, you are lacking information about what happened and how this person died.

[Anna Sega Nicolasi]

There was no direct evidence tying Kern to Justyce's murder, but the circumstantial evidence was hard to ignore. He had lied about dropping her off at school. He continued to lie for weeks after justice went missing. His phone data showed that his phone and Justice's had traveled together directly to the area where her body was eventually found. The phone data also showed that he returned to that same area just a few days later, when her body was still there and had not yet been discovered.

[Scott Weinberger]

With no other major leads, investigators continued to press forward. In this case, I think what had.

[Megan Upchurch]

To be done was you had to almost confirm that no one else in her life could have been a part of this so that you could point the finger at Bobby and say he did this.

[Scott Weinberger]

There was other evidence that continued to point investigators in the direction of Kern. One area they focused on was Kern's car, which had been seized following his second interview with police. In that car, they had found a cell phone.

[Megan Upchurch]

But we found during the search warrant of his vehicle, an old phone that he had used just prior to the phone that he factory reset. It had a cracked screen. We could not get it functional.

[Anna Sega Nicolasi]

There was also a pair of sweatpants that were stained.

[Megan Upchurch]

And when you held the pants up, there were markings on the bottom of the pants that appeared to be discoloration that could have come from bleach. And it was splattered in such a way that one could argue he was wearing those pants standing over the body and pouring the bleach, and then some of it was splattering onto his pants.

[Scott Weinberger]

The sweatpants alone would have not meant much. But the pants had been bleached, and Kern's cell data showed that he had visited the site where she was found before her body was discovered. What appeared to be a potential bleach stain on justice and also now Kearns pants was something that could not be ignored. Investigators began to develop a theory, and.

[Megan Upchurch]

We believe that's when he was conducting forensic countermeasures with bleach to try to get rid of any biological or DNA evidence that he may have left behind. It made sense that, and this was a theory again, if at that point in the process, he went back a few days later, pulled the pants down, poured bleach on those areas of the waist down, it would have helped to explain the differential decomposition.

[Anna Sega Nicolasi]

They continued to build on this theory over the course of nearly eight months.

[Megan Upchurch]

It was almost like law enforcement did such a thorough, massive investigation that we had a ton of information, but it was unclear what was important and how it all fit together.

[Anna Sega Nicolasi]

Police believe that Kern was responsible for Justyce's death, but their beliefs needed to be backed up by evidence. While they continued to work on the case, investigators wanted to speak to Kern one more time and see if his story would once again change.

[Scott Weinberger]

There was one problem in the months that had passed. Kern had left Florida and moved to New York. In February of 2019, police got a break. Kern was arrested in New York, but for an entirely different crime. One of the most trusted language learning programs out there is Rosetta Stone. Rosetta Stone has been an expert in language learning for 30 years. With millions of users, a lifetime membership option and 25 languages offered from French to Korean to Dutch. You learn to speak, listen and think in the language through an intuitive process. Learn on the go with Rosetta Stone mobile app or at your desktop with convenient flexible learning. From my own experience experience I have seen the benefits from becoming more familiar with the language when I'm traveling, something as simple as understanding directions from the locals. But it goes much further than that. It can also help you stay safe, become even more aware of your surroundings, and if necessary, you can easily communicate with local officials and law enforcement. Don't put off learning that language. There's no better time than right now to get started. Our listeners can get Rosetta Stone's lifetime membership for 50% off visit rosettastone.com anatomy that's 50% off. Unlimited access to 25 language courses for the rest of your Life. Redeem your 50% [e-mail] Anatomy Today. Look, we all tell our friends about that great restaurant we just ate at or the book we just couldn't put down. So when you find a great wireless plan, why not spread the news? Mint Mobile offers Premium Wireless for $15 a month when you purchase a three month plan because friends don't let friends overpay for wireless, right? All plans come with high speed data and unlimited talk and text delivered on the nation's largest 5G network. Use your own phone with any Mint Mobile plan and bring your number along with all of your existing contacts to get this new customer offer and your new three month premium wireless plan for just 15 bucks a month. Go to mintmobile.com anatomy that's mint mobile. Com a n a T O M Y Cut your wireless bill to 15 bucks a month at mintmobile.com anatomy$45 upfront payment required equivalent to $15 a month new customers on first 3 month plan only. Speed slower above 40 gigabytes on unlimited plan. Additional taxes, fees and restrictions apply. See Mint Mobile for details.

[Anna Sega Nicolasi]

An arrest warrant had been put out for Robert Kern by investigators in Volusia County, Florida, for his alleged involvement in a gambling fraud ring.

[Megan Upchurch]

So the FDLE agent and an investigator from our office traveled up there to speak to him. They had been doing a corollary investigation into something separate regarding fraud, something with gambling, and were able to make a case involving that charge since the murder investigation was so long term and had some difficulties with it.

[Scott Weinberger]

After he was arrested, officers sat down to talk to Kern about the fraud, at least at first. But then the conversation turned to Justice.

[Megan Upchurch]

He's being held for extradition, and they're able to do a really extensive interview with him to try to get, you know, more information and see if he sticks to his story or what he says when he's confronted with additional evidence.

[Anna Sega Nicolasi]

About 40 minutes into the interview, they began to pivot the conversation towards Justice's murder. Here's a portion of that conversation.

[Danielle Garrett]

We've been racking our brains about this whole thing for a year, and we're coming up on almost a year. I know we talk about this a lot, you know, and you provide a lot of facts that has helped us, you know, kind of sort through everything.

[Scott Weinberger]

They began to have Kern once again walk them through the timeline that led to that point, starting with the morning justice went missing.

[Danielle Garrett]

The morning that you're supposedly taking justice to school, but she doesn't want to go to school. Did you say that you and her went to the convenience store first? Yeah. Okay. And then you dropped her off at the Haven in the area. Haven't. Bus stop. Why didn't you just leave her at the convenience store and have her friend pick her up there? I was originally supposed to take her back to. She was folks she wanted to get dropped off here. I think I went to get cigarettes or. So I just went there first.

[Anna Sega Nicolasi]

Kern said after he dropped off Justyce, he did some contractor work, though he couldn't recall the exact details. Later, he went to the bus stop to pick her up after school. When justice didn't get off the bus or show up at the bus stop, he and Danielle had hit the streets trying to find her.

[Danielle Garrett]

We talked about you and Danielle were putting flyers all over, being trained. How long and how often did you do that? For at least a week or so.

[Scott Weinberger]

But that whole time, Kern had known that justice never went to school that day because he hadn't taken her there. Investigators wanted to know why he had kept that information to himself.

[Danielle Garrett]

My question is, why didn't you tell Danielle Justice's plan was not go to school that day? Yeah. After everything was said and done. Well, I don't understand what you mean by that. After, you know, everything was, like, happened, you know, where. She didn't come back. Didn't come back. Didn't come back. I was like, you know, I thought she would. Everybody thought that she was hanging. There's very. A lot of, like, there's a lot of kids, a lot. There's a lot of areas where she could go.

[Anna Sega Nicolasi]

Investigators began to present Kern with some of the evidence they'd collected, including a text from justice to her mom.

[Danielle Garrett]

This is a screenshot of the text message between Danielle and Justice. Read out loud, wants you to come over tomorrow in this school. Text her. I already told her I'm not. I have to go to school and. Okay, what date do you see there? Okay. I know nothing about that. Well, I think that that's probably accurate because we probably wouldn't have all this conversation about her when you skip school if you did know about that.

[Scott Weinberger]

Officers then presented Curran with a phone data showing his cell phone tracking alongside Justice's cell phone the morning she had disappeared.

[Danielle Garrett]

What if I told you that wasn't the only phone that did this, that traveled that path that day? What if I told you that her phone was not alone when I made that route? You guys already told me that. Yeah, you told me that that night. I said, I don't know nothing about technology and the way that things work. All I know is what I did, what happened. As far as I'm concerned, you know, like I told you that night, I didn't hurt that girl. And I don't care what any of these people say. I didn't. I didn't hurt them.

[Anna Sega Nicolasi]

Similarly to previous interviews, Kern deflected and made up excuses for the information he was presented with and didn't like.

[Megan Upchurch]

He confirmed some of it. He tries to explain away some of it. He tries to point the finger at other people and justices his life. He really does everything he can to try to get the spotlight off of him.

[Scott Weinberger]

So, as you would expect, investigators slowly ramped up the intensity of their conversation.

[Danielle Garrett]

And I'll say it one more time, it looks like you hurt her on purpose in the worst way that caused her to, you know, cause her death or that there was accident or just a moment, something happened. I have no idea.

[Anna Sega Nicolasi]

They laid out the condition of Justice's body, including the bleached pants Found around her ankles.

[Danielle Garrett]

You said something before. He said, he said people would look at you and think you were a monster. Okay, on April 13th. And you said it didn't happen like that. How did it happen then? How did it happen? Were you a monster or did something just get out of hand? Where you took this and wrapped it around her throat. How did it happen then? If you're not a monster, how did it happen? It didn't happen when you met me. I didn't do any of this. You said out of your own mouth it didn't happen like that. I misspoke then because I didn't do any of that. It didn't happen like me doing any of this. I had nothing to do with that. I would never hurt that child. She was a beautiful, intelligent, nice girl. I have nothing to do with this. I didn't do this. I don't know how this happened. How all this communication and technology, I don't know.

[Scott Weinberger]

You know, Anestiga, this is textbook in a sense. He's offering Kern two options and neither of them have him not being the killer. The one option is that you're cold hearted and you're a cold blooded killer. The other one is you're not a monster. And this may have began potentially as an accident that turned to murder. The second portion is giving him an option to see that the evidence is building and maybe he should save himself.

[Anna Sega Nicolasi]

You know, it's always interesting to see how different investigators conduct their interviews. And there's never one size fits all in any of this. And this is though something that we see, Scott, as, you know, like all the time. Like first just ask open ended questions and then just ask over and over again. Because if you are not telling the truth, you ought often can't keep the various pieces straight. And from there when they're not getting further in their questioning or what they're hoping to get, well then they start to lay it out like piece after piece because now being pointed and showing him what they have as, you know, like sometimes people give and they tell you more from there and sometimes they don't. But it's just interesting watching what we have seen happen very often in those interview rooms and seeing how it is working and in some ways not working when it comes to Kern, at least not yet.

[Scott Weinberger]

Yeah, you're right. Being repetitive in your questions is key because you will find those openings. Now, after three and a half hours of speaking with detectives, Kern ended the interview. But by that point investigators had already gotten the information they believe they needed.

[Megan Upchurch]

I Know, his interview in New York, you know, he told many more lies, but it did at least tie him into a story. And he was saying more and more things that were able to be disproved by physical evidence.

[Scott Weinberger]

Kern was extradited from New York to Florida, where he would await trial for fraud. And during that time, investigators would keep working the evidence tying Kern to Justyce's murder.

[Anna Sega Nicolasi]

One thing they focused on was the broken phone that had been seized during a search of Kern's car. It took them over a year, but they were finally able to get it working. The content of the phone revealed a detailed picture of Kern's life, including before Justyce had disappeared. And it was disturbing.

[Megan Upchurch]

Once we got into the phone, and it was Homeland Security that assisted us in doing that. Once we got the data from that phone, it was his old phone that he'd stopped using a couple months prior. We got so much information that really taught us what exactly was going on psychologically in this situation with Bobby Kern.

[Scott Weinberger]

Kern's Internet search history showed a series of searches that took place between December of 2017 and late February of 2018. They included searches for GHB, which is short for a gamma hydroxybutyrate. It's commonly known as the date rape drug. That's because it's odorless, tasteless, and has a history of being used as a method to secretly drug and assault unsuspecting victims.

[Anna Sega Nicolasi]

The drug suppresses the central nervous system, which can lead to a temporary loss of consciousness.

[Megan Upchurch]

The educational searches that he was doing for himself were things such as GHB alternatives. Are they wonder drugs of the century? Question mark. Knockout drugs. Their prevalence, modes of action, and means of detection. How much is GHB per ounce? What are the best drugs to make someone unconscious?

[Scott Weinberger]

Kern hadn't just searched for it once. He visited several websites, articles, and discussion forums, all centered around this topic. And there were other searches in his phone history that were even more alarming.

[Megan Upchurch]

He searched pornography that showed themes like daddy and daughter, themes like women being raped in the woods and things that really matched up eerily close to what we had in front of us as far as physical evidence.

[Anna Sega Nicolasi]

The searches were horribly consistent with the facts of the case and the theory that investigators have been working to build. And there was still more that would be uncovered.

[Scott Weinberger]

Investigators had discovered an Instagram account on the phone that appeared to belong to a teenage boy.

[Megan Upchurch]

And this particular profile of this person, which we learned the photo used, was one of the most widely used stock photos of a white male in a gym that is you know, late teens, early 20s. We did a reverse image search and was able to determine that that was a very widely used stock image. And that was where we started to wonder, what is this?

[Scott Weinberger]

You know, in a matter of seconds, you can go online and find a picture and screenshot it and add it up as your profile. And that's how quick somebody can impersonate someone else. It's fairly common when someone, in most cases a predator, is trying to come off as an equal to a teenage boy or a teenage girl.

[Anna Sega Nicolasi]

And while the image didn't match Kern, the description in the profile had notable similarities.

[Megan Upchurch]

The information on that profile were things that we had come to learn about Bobby, like that Bobby had done martial arts. Also, the person was from New York, which is where Bobby Kern was originally from. So there were little things that matched up to who Bobby was in real life.

[Scott Weinberger]

There was more in the message history. The profile had interacted with several teenage girls, including Justyce, just a few months before her death.

[Megan Upchurch]

And when we got into the actual content of that account on the phone itself, we learned that he had been talking to Justyce from that account, himself from that phone, and saying completely inappropriate things to her.

[Anna Sega Nicolasi]

One message sent to Justyce read, you're a cutie. How old are you? Another said, talk to me, beautiful. The messages continued for weeks and possibly longer. And all the while, Justyce had no idea she was actually communicating with an adult, one that she knew, her mother's boyfriend, Robert. Robert Kern.

[Megan Upchurch]

If you remember, he factory reset his newer phone, so there was likely more information there. We just weren't able to recover it. So on March 7, 2018, which is the last confirmed date, we know he was chatting with her. Based on what we had in front of us, that's only 37 days before the murder.

[Scott Weinberger]

And justice wasn't the only person that the Instagram account was shown to interact with.

[Megan Upchurch]

The other way that we determined it was Bobby was that he was even talking with his own teenage daughter from that account and other young girls.

[Anna Sega Nicolasi]

This grown man was posing as a teenage boy and seeking out young girls, including those that he knew. The messages were inappropriate, dangerous, and criminal. Even thinking about it makes my stomach turn. And they showed that this man had an obsession with young girls and with Justice.

[Scott Weinberger]

It was a characterization investigators had heard before when asking Justice's friends about Kern.

[Megan Upchurch]

There were some statements given to law enforcement from her friends in Volusia who stated that he was creepy, that they found him creepy. The friends.

[Anna Sega Nicolasi]

The discovery of the social media account added to the mountain of circumstantial evidence being built against Kern. And in May of 2019, 13 months after Justyce was killed, he was arrested for her murder.

[Scott Weinberger]

He was charged with second degree murder, but that was changed to first degree murder before his trial. The case against Kern was long and complicated, comprised of phone data, GPS maps and other circumstantial evidence. Megan was certain of Kern's guilt, but would a jury agree?

[Megan Upchurch]

You know, from a legal standpoint, you wonder, is the jury going to go with me on this? I know he did this, but I'm the expert on the case, so can I relay it to them in a way that makes sense? And are they going to go with with me.

[Anna Sega Nicolasi]

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[Megan Upchurch]

I approach cases similarly to how I approached at that time, my passion in the sports as far as there's nothing else that goes above the preparation involved. And then of course, over time, as I became more experienced, I learned the ins and outs. But I found that as long as I intended to be the most prepared in the courtroom, that I was going to be okay.

[Scott Weinberger]

It was all Megan could do for a case with this level of complexity.

[Megan Upchurch]

I think for this case, the case file was so big and so many people have been talked to and so many agencies were involved, and it was such a large geographic area and timeline that I remember just studying as much as I could so I could be prepared if something came up that I needed to access.

[Scott Weinberger]

While the trial would be filled with intricate pieces of evidence, at its center would be the story of justice's young life cut tragically short.

[Megan Upchurch]

You want to do justice for the victim, you want to give it your best for the family, you want the community to be safe. But when you think of the gravity of a 16 year old girl who won't ever get to go to college, who won't ever get to see her little sister grow up, it hits you in a different way.

[Anna Sega Nicolasi]

The timeline that the prosecution presented at trial began months before her murder when Kern began messaging justice anonymously on social media.

[Scott Weinberger]

The email used to create that social media account had been linked to Kern, but then it had been deleted. And the timing of that, that was significant.

[Anna Sega Nicolasi]

It had happened shortly after the press conference announcing that a body had been found in the woods of Deland.

[Megan Upchurch]

And then the body was found on the 18th and then the press conference was done on the 19th. And that also became an important date because we learned that Bobby Kern deleted a Gmail account on that day, right after the press conference that would have tied him to certain evidence within his phone.

[Scott Weinberger]

Kern challenged that the social media account was not his, claiming the account belonged to his nephew.

[Megan Upchurch]

We were never able to confirm that he had a nephew by that name. At one point he said it was a teenage boy in an apartment complex where he lived that he had let use his phone. And we were never able to identify a boy by the name he gave either.

[Anna Sega Nicolasi]

For that, none of his claims proved to be true.

[Scott Weinberger]

Then there was the morning of April 13, when Curran was supposed to drive justice to school. Twenty minutes after leaving the house, he texted Danielle and said that he had dropped off Justice. But evidence made it clear that that was not true.

[Megan Upchurch]

And when you align that with the data point on the map of where Justice's phone is on its way to Volusia county, you know, at that point, something was already off because he's indicating to Justice's mother that she's at school, but he's on his way to the woods.

[Anna Sega Nicolasi]

And from there, the tragically brutal picture continued to be painted in court.

[Megan Upchurch]

We believe he was driving her to the woods, and at that point she was either unconscious, incapacitated. We don't know specifically, nor did we have to prove specifically when exactly she became incapacitated. But we do think that it began once he was on his way east, that at some point she would have realized, this isn't where I'm going or supposed to be going. We do have indications that he provided her with something to drink or got her something to drink, either at the house or at a gas station. That was part of the theory. And he could have dosed her with something like Xanax, in which case she either would have been out of it or more compliant with what he was trying to do.

[Scott Weinberger]

At some point, Kern sexually assaulted justice, even though by the time her body was found it had been badly decomposed. There was signs of a recent injury.

[Megan Upchurch]

We know from the pound lab that there was some indication of a fracture on the nose. So we do think there was physical harm brought to her by Bobby Kern.

[Anna Sega Nicolasi]

During that same period of time, Kern had not responded to Danielle's calls or texts, which became the timeframe that investigators believed that the assault and murder had occurred.

[Megan Upchurch]

The timeline became so important in this case that when he was telling her things and when he was not responding to her became evidence in the case.

[Scott Weinberger]

Then, around 9:52 that morning, Kern received an incoming phone call. That call allowed investigators to see that his phone and Justice's phone were in the same place, going through downtown DeLand.

[Anna Sega Nicolasi]

There was additional proof that justice and Kern's phones were together. Tracking side by side, two separate surveillance cameras showed Kern's SUV along the highway into land. Justice's phone also appeared in both of those locations.

[Scott Weinberger]

Megan said that at that point, Kern was likely figuring out what to do with Justice's backpack and her phone. He then powered off Justice's phone and got rid of it near Justice's high school.

[Anna Sega Nicolasi]

Later that day, when Danielle found out that her daughter was missing, she wanted to go straight to police. But it was Curran that had encouraged her not to.

[Megan Upchurch]

In addition to Bobby discouraging Danielle from going to the police, he was trying to say that justice is probably fine. She's just with her friends, she's being a teenage girl. But Bobby was also telling Danielle, the police won't do anything for 24 hours anyways, so you might as well wait.

[Scott Weinberger]

Kern was buying time, and he hoped.

[Megan Upchurch]

That with the passage of time, the body would become unidentifiable and unusable for any kind of forensic investigation.

[Anna Sega Nicolasi]

Three days later, Kern returned, and the evidence points to him attempting to cover his tracks by doing the unthinkable, pouring bleach on the lower half of Justice's body.

[Megan Upchurch]

It was certainly possible that either he went back on the 16th and the pants were up until that point, and then he pulled them down and bleached. And that contributed to the differential decomposition of the two parts of the body, or the bleach itself, the medical examiner was able to say, could very well have discouraged some of the animal activity on that part of the body.

[Scott Weinberger]

While he was in the area of the woods, Kern also texted with Danielle Justice's mom.

[Megan Upchurch]

The part that made this so difficult to stomach was that during these time frames, once we put the timeline together and we knew that he was there with that body on the 16th, he was exchanging text message communication with Danielle about Justice being made missing. And when you put it all together and you see all the messages over those several weeks and when you find out what he knew and what Danielle must have been feeling knowing her daughter's missing, it adds an entire layer of depravity that I've never seen in any other case.

[Anna Sega Nicolasi]

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[Scott Weinberger]

Her body had been found in the evening, so it was dark when crime scene technicians were processing the scene. They returned the following day to finish their work in daylight. And that was key.

[Megan Upchurch]

And they got some really great scene photographs of the area where the body was. And what they probably didn't know is they were also collecting a visual view of all the vegetation in that immediate area. And as a layperson you're looking at it and it all looks green.

[Scott Weinberger]

But police brought in a botanist who would distinguish, distinguish between the different plants and trees and break down the ecosystem in that part of the woods. He also examined the leaf found in Curran's car.

[Anna Sega Nicolasi]

And there was even more information to be revealed.

[Megan Upchurch]

There was a leaf in particular that we found in Bobby's car that was fully intact. And based on the fact that it was fully intact in its dehydrated state, the botanist was able to give an opinion that it would have been placed there close in time to when the vehicle was processed. Otherwise it would have been completely crumpled up if there had been movement. If he had been using that space regularly, it wouldn't have survived in that complete state. He was able to determine not DNA matches between the leaves, but that they were consistent as far as the genus of where they come from.

[Scott Weinberger]

You know, Anasteiga began with recognizing it in a photograph and then being able to put the puzzle together, confirming, you know, like real forensic science here with a botanist to put those key elements together was really great work.

[Anna Sega Nicolasi]

And I just love always when it's something novel or the not the type of things that we're used to seeing. I mean here we are talking about vegetation, leaves that really provide an insight that is linking him to a case that is just being built on circumstantial peace after circumstantial peace. And step by step, Megan and her co counsel presented this case to the jury.

[Scott Weinberger]

She also was deeply moved by the details of Justice's story. But she knew it was important to keep her emotions at bay until the end of the trial. And obviously in every case that's done by a talented prosecutor that is so important.

[Megan Upchurch]

I've got to get to the end of the trial and then I process it afterwards. I process the emotions of it afterwards. And that's really the only way I can go in there and do my job as a lawyer with some of the most heinous things I've ever seen in this case in particular, and still be able to make it through the whole week that this took.

[Anna Sega Nicolasi]

This was especially true as it came time for closing arguments.

[Megan Upchurch]

We knew because of how many pieces had to fit together that a large part of it was going to come down to closing because there wasn't any one part of this case that said, aha, this is it. It was really everything together that formed the basis and the theory of the case. And so going into that morning of closing, that was my thought, was, okay, I've got to put the story together for the jury. That's my job.

[Scott Weinberger]

Those closing arguments in the case were presented by Chief of Homicide Assistant State Attorney Jason Lewis. Here is a portion of his closing statement.

[Anna Sega Nicolasi]

What are the best drugs to make someone unconscious?

[Megan Upchurch]

Guys?

[Danielle Garrett]

Chloroform and a sleeping girl?

[Megan Upchurch]

Not my searches, ladies and gentlemen.

[Anna Sega Nicolasi]

The searches of this man sitting right here. The search is showing what his mindset was, showing what his thought process was.

[Scott Weinberger]

Showing what he wanted to do to justice.

[Danielle Garrett]

He raped her, he kidnapped her, he.

[Scott Weinberger]

Took her into the woods.

[Anna Sega Nicolasi]

Every piece of evidence points to that. The prosecution rested their case and the jury went to deliberate. After just 30 minutes, they returned with the verdict. Robert Kern was found guilty for the first degree murder of Justice Garrett and for evidence tampering.

[Megan Upchurch]

In Florida, it's a mandatory life sentence. So the sentence would have already been determined by the verdict. It was just then the judge needed to pronounce sentence, so we went ahead and did that immediately since we'd already had a week long trial and there really was no need to delay it.

[Scott Weinberger]

While over the years, Justice's mother, Danielle had been grieving over her death, over the years she had also been waiting for answers.

[Megan Upchurch]

And I think after this, she was able to really take a step back and make sure that after she grieved that she was going to continue to be a present mother for her other children. I mean, she didn't have the choice to fall apart. She had other kids relying on her. And so I think the family grieving sort of brought all of them together in a certain way.

[Anna Sega Nicolasi]

While the family was satisfied with the verdict, they would never truly be happy with the outcome. The justice of the legal system could never replace the bright light that justice had been to her family. This is summed up in her obituary, which began with the line, although your wings were ready, our hearts were not.

[Scott Weinberger]

One of the core reasons we shine a light on these cases is to ensure that victims of homicide are never forgotten. Justice Marie Garrett is no exception. Her name and her spirit should serve as a moving reminder of life's fragility and the true mission to seek justice not just within the confines of a courtroom, but within our communities where we work tirelessly to support and uplift one another each day. We owe it to justice and to all those whose lives have been tragically cut short. Her story and her untimely death urge us to strive for better, to challenge ourselves, to ask the difficult questions, even when the answers are elusive. Every life is precious. Every story deserves to be heard. I also want to take this moment to extend a heartful thank you to all of you in our AOM community. Your your engagement makes it clear how much these stories mean to you. We deeply appreciate the trust you place in us to tell them with respect, honoring the victims as they deserve. Our aim is to not only shed the light on these tragedies, but offer the families a space where they know people genuinely care and are interested in understanding their perspective and their pain. Your support fuels our commitment to this important work.

[Anna Sega Nicolasi]

This case is pure horror and especially tragic for many reasons. Such a young life lost. Lost so brutally taken by someone she should have been able to trust. It's hard not to dwell on the terror and pain. I hear an inner scream in my mind every time I think about all that this case represents. But that isn't the place we should end. Let what happened to justice be a reminder that we need to band together and watch out over one another. Hold those you love closely. We need to protect one another, especially the young, in every way that we can. And let's not leave off by thinking of the way justice died, but rather who she was when she lived. She was a caregiver. She had helped care for her grandmother who had regular seizures from the time Justyce was just 7 years old. She helped her mom care for a younger sister. She worked hard in school and kept up her grades. She loved her friends. She loved her family. And this young life should have had much, much, much more time. Next week we will be off.

[Scott Weinberger]

Anatomy of Murder is an audio Chuck.

[Anna Sega Nicolasi]

Original, produced and created by Weinberger Media and Frisetti Media.

[Scott Weinberger]

Ashley Flowers is executive producer.

[Anna Sega Nicolasi]

This episode was written and produced by Walker Lamond, researched by Kate Cooper, edited by Ally Sirwa, Megan Hayward and Phil Jean Grande. So what do you think, Chuck? Do you approve?

[Danielle Garrett]

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[Anna Sega Nicolasi]

It's the two door coupe that was there for your first drive.

[Danielle Garrett]

The hatchback that took you cross country and back. And the minivan that tackles the weekly carpool for the cars you couldn't live without.

[Scott Weinberger]

Trust Amica Auto Insurance.

[Anna Sega Nicolasi]

Amica Empathy is our best policy. This lasagna was so cheesy, my plate.

[Megan Upchurch]

Was filled with saucy slices.

[Anna Sega Nicolasi]

Then a flimsy store brand plate.

[Scott Weinberger]

No, no, no, no.

[Anna Sega Nicolasi]

Ruined it.

[Megan Upchurch]

Next time, get Dixie Ultra plates three times stronger than the leading store brand. 10 inch paper plate. Dixie, make it right.