wavePod

SURVIVED: Dianna D'Aiello - Crime Junkie | Wave AI Podcast Notes

SURVIVED: Dianna D'Aiello

Mon Jan 06 2025

When a pregnant woman is found brutally beaten in her apartment, the race is on to find out whether she’s a serial killer’s latest target – or if her attacker is hiding in plain sight.

Summary

Podcast Summary

Title: Crime Junkie
Host: Ashley Flowers
Episode: SURVIVED: Dianna D'Aiello
Release Date: January 6, 2025

Introduction

In this gripping episode of Crime Junkie, hosts Ashley Flowers and Britt delve into the harrowing true crime case of Dianna D'Aiello. This story not only highlights a brutal assault and wrongful conviction but also explores themes of memory reliability and the enduring quest for justice.

Background of the Case

Setting the Scene: Tustin, California, September 30, 1979 (01:58 - 06:54)

Dianna D'Aiello, a 20-year-old woman pregnant with her first child, experiences a nightmarish ordeal in her Tustin apartment. At approximately 2:00 AM, Dianna's neighbor, Judy, is awakened by voices calling her name, thought to be Dianna’s. Moments later, Judy witnesses Kevin Green, Dianna's 21-year-old husband, frantically seeking help after reporting that Dianna has been shot in the head.

Ashley Flowers (01:58):
"This is the story of Diana Diello."

The Attack

Details of the Assault (06:54 - 12:34)

When paramedics arrive, they find Dianna gravely injured with an exposed brain due to a gunshot wound. She is rushed to the hospital, where both she and her unborn child are in critical condition. Detective investigations reveal inconsistencies in Kevin's account, with police initially suspecting him due to a history of domestic violence and behavioral red flags.

Ashley Flowers (09:38):
"He thought it was a large caliber weapon at close range."

Investigation and Initial Suspicions

Domestic Violence and Kevin's Alibi (12:34 - 22:29)

Police uncover a pattern of domestic violence in Kevin and Dianna's relationship. Neighbors report frequent arguments, and Kevin's alibi begins to crumble under scrutiny. Concurrently, a series of similar assaults in the area, known as the "Bedroom Basher" cases, complicates the investigation, leading authorities to consider the possibility of a serial killer.

Ashley Flowers (17:28):
"This doesn't seem to be lost on police because they've written down that quote like word for word twice."

Serial Killer Context

The Bedroom Basher Phenomenon (22:29 - 30:03)

As the investigation progresses, police link Dianna's attack to a broader spree of nighttime assaults targeting women in first-floor apartments. The "Bedroom Basher" was believed to be responsible for multiple murders and assaults across Orange County, creating a climate of fear and urgency in solving these cases.

Ashley Flowers (24:13):
"Less than that. From what I can tell, like, retirement just the task force ran its course."

Emerging Evidence and Gerald Parker’s Confession

Advancements in DNA Testing (40:37 - 48:36)

With advancements in DNA technology in the mid-1990s, Detective Tom Tarpley reopens Cold Cases, particularly focusing on the murders linked to the Bedroom Basher. DNA evidence from Dianna's assault matches that of Gerald Parker, a convicted sex offender previously linked to other violent crimes. Gerald confesses to Dianna's attack, revealing that he was the actual perpetrator, thereby exonerating Kevin Green.

Ashley Flowers (44:47):
"Gerald likely was the man that Kevin saw by the van when he left the apartment that day."

Ashley Flowers (48:36):
"What you can't argue with is DNA."

Exoneration of Kevin Green

Release and Aftermath (48:36 - 60:47)

Following Gerald Parker's confession and the DNA evidence confirming Kevin's innocence, Kevin is released after serving nearly 16 years in prison. He receives compensation from the state but faces the challenge of reintegrating into society after such a prolonged period of wrongful imprisonment. Meanwhile, Diana continues her recovery and grapples with the trauma of her past experiences.

Ashley Flowers (50:19):
"In June of 1996, Detective Tarpley visits Gerald in prison. And Gerald admits that he's been on the verge of confessing all those crimes, which clears Kevin definitively."

Impact on Dianna D'Aiello

Healing and Advocacy (60:47 - 62:54)

Dianna emerges as a beacon of resilience, rebuilding her life despite severe physical and emotional scars. She becomes an advocate for domestic violence survivors and participates in prosecuting Gerald Parker, ensuring that justice is served for her daughter Chantal Marie and other victims. Dianna emphasizes the complexity of memory and the importance of believing survivors.

Ashley Flowers (60:47):
"No matter what happened that night in 1979, Diana is a survivor. That is who she is at her core."

Dianna D'Aiello (62:09):
"There is more to my story than what I survived."

Notable Quotes

Ashley Flowers (01:55):
"This is the story of Diana Diello."
Ashley Flowers (09:38):
"He thought it was a large caliber weapon at close range."
Ashley Flowers (17:28):
"This doesn't seem to be lost on police because they've written down that quote like word for word twice."
Ashley Flowers (48:36):
"What you can't argue with is DNA."
Dianna D'Aiello (62:09):
"There is more to my story than what I survived."

Conclusion

Diana D'Aiello's harrowing journey through violence, wrongful conviction, and eventual vindication underscores the complexities of the criminal justice system and the profound impact of memory and trauma on individuals. Her story is a testament to human resilience and the relentless pursuit of truth and justice.

Ashley Flowers (60:47):
"No matter what happened that night in 1979, Diana is a survivor."

Resources

National Domestic Violence Hotline: 1-800-799-SAFE
Podcast Website: crimejunkiepodcast.com
Follow on Instagram: @crimejunkiepodcast

This summary captures the essence of the Crime Junkie episode on Dianna D'Aiello, highlighting the key events, investigative breakthroughs, and the profound personal journey of the survivor.

Loading summary...

Transcript

Ashley Flowers (0:01)

There are some cases so infamous that we have all heard about them. But some of the coldest cases, the most mysterious, are the ones that you've never heard of before. I'm Ashley Flowers and every Wednesday on my show the Deck, I dive into the coldest of cold cases. Many of these victims didn't get the press coverage they deserved during the initial investigations, but I'm sharing what our reporting team has found on these stories in hopes that some someone listening may have the information needed to bring answers to light. And that listener could be you. Listen to the Deck now, wherever you get your podcasts brought to you by the Capital One Quicksilver card. Earn unlimited 1.5% cash back on every purchase everywhere. Plus, there's no limit to the amount of cash back you can earn. And rewards don't expire for the life of the account. It's that simple. The Capital One Quicksilver Card what's in your wallet terms apply. See capitalone.com for details. There's a lot to say when buying a new home or car, but only one thing to say that can help you protect them. Like a good neighbor, State Farm is there. And just like that, a State Farm agent will be there to help you choose the coverage you need. No matter where you are in life, when you need coverage options, your State Farm agent is there to help. On the phone or in person. Like a good neighbor, State Farm is there.

Gina Rodriguez (1:25)

Get me Will Trent. Abc Tuesday.

Ashley Flowers (1:27)

I don't even know where he is.

Gina Rodriguez (1:29)

Will Trent is back. You thought you could hide forever. Time to come home. The series that's being called one of the best network procedurals. We're going to solve this case featuring new cast member Gina Rodriguez.

Ashley Flowers (1:41)

I'm a prosecutor. We deal in truth and facts.

Gina Rodriguez (1:44)

Maybe everybody should try that, huh? Will Trent. The two part season premiere begins Tuesday on ABC and stream on Hulu.

Ashley Flowers (1:55)

Hi crime junkies. I'm your host, Ashley Flowers.

Britt (1:57)

And I'm Britt.

Ashley Flowers (1:58)

And the story I have for you today has been living in my head rent free for months. It's one of those older cases that when I first learned about it, I'm like, how am I just learning about it? And if it was new to me, I had a feeling it would be new to a lot of you as well. And this is one where we got to go like full crime junkie, going super deep, talking to the people who actually lived this story. So even if you do think you know it, I promise I will give you something new. And I promise it will leave you thinking long after this episode. Because while this is a rare solved case where the victim actually survived, it will have you questioning the reliability of memory and how stories, even the ones that feel straightforward, are always so much more complicated and live in the gray when you dig deep into the details. And that's what we're going to do today. This is the story of Diana Diello. So let me set the scene. We're in Tustin, California, September 30, 1979. It's around 2:00 in the morning when a 19 year old named Judy is startled awake by the sound of a voice calling her name. And it takes her a second to like get her bearings, like she even wonders if she is dreaming. But it sounds like her downstairs neighbor, 20 year old Diana Green. So she goes to the window to see if she can like see anything out in the yard. But she doesn't see anything, it's like too dark. So she crawls back into bed next to her husband. And what feels like 15 minutes later, she hears another voice. This time a man's voice. And she hears the man say something like, I leave you alone for 10 minutes, half an hour, this is what happens to you. So she kind of just lays in bed and listens in silence, probably holding perfectly still and not wanting to even breathe too loud, just trying to figure out what's going on. And it's the man she hears again next. Judy, Judy, please wake up. And this time she knows she's heard it. So she goes to the window again. And outside she sees Diana's husband, 21 year old Kevin Green. And he's running like in and out the back door of the Greene's apartment, just in this panic, crying out for help. And at one point she looks through the Green's open kitchen door and she sees him making a phone call. Now Judy's first thought must likely be, oh, this must be the baby. Because you see, Diana is pregnant. Two weeks past her due date with her and Kevin's first child together. A girl that they plan to name Chantal Marie. So Judy and her husband both quickly get dressed, they rush downstairs to help. And that's when Kevin screams that Diana has been attacked. And what he says next makes Judy's blood run cold. He says that Diana has been shot in the head. Kevin found her when he got home from a late night fast food run. And though she is still alive, she needs help right away if she's going to make it. So Judy jumps into like go mode to flag down the ambulance that Kevin called Because it keeps, like, passing by the complex. And when she leads paramedics inside the apartment, Judy is stunned by what she sees. There is blood everywhere. Diana is laying in bed naked in a pool of her own blood, and she is struggling to breathe. Amber. It's literally so bad that her brain is exposed. So paramedics rush Diana to the hospital where her family is waiting. Because Kevin had called them, too, and he's probably, like, chomping at the bit to get there as well. But the officers who also responded to the apartment still say they need him to stay behind because, you know, like, they gotta talk to him. I mean, he's clearly distraught. But he cooperates because he wants police to do their jobs and find whoever did this to his wife. So police ask Kevin to walk them through his day leading up to finding Diana. And we actually got to speak with him. And he gave us the full rundown of that day, too, which we kind of cross referenced with case records Diana's held onto that she shared with us. And according to police records, Kevin and Diana were home watching TV with his brother, who actually lived with them until around six, when a friend of Kevin's came over with his wife. Around 7:45, Kevin told us that he and his friend went to go buy weed, and the friend's wife stayed behind with Diana. And then they got back at around 10:30.

Ashley Flowers (18:05)

I mean, probably all of the above. Like, Kevin chops some of their fighting up to just them being really young and their story never really having a, like, fairytale beginning. You see, they met at a bar when Diana was 18 and Kevin was 19. And then soon after, they started dating. Diana moved in with Kevin and got pregnant. Now, Diana told us that she didn't know at the time, but Kevin was still married to another woman who she said she eventually actually became friends with. But it was really messy before that. Now, we talked to that ex wife, and even though Kevin told us the relationship was over, she was very much under the impression it was not. So you got, like, both women saying kind of the same thing. So things were very rocky, especially as Diana's pregnancy went on and Kevin's abuse got worse. And friends tell police that at one point, Diana actually asked them to help her move out. And when she did, she had a bruise over her right eye that extended down her cheek. But that same night that her friends helped her move her stuff so she could get out, she must have had a change of heart. She convinced herself that Kevin was gonna change once the baby was born. So she went back to the apartment. But here's the wild part. When she goes back to the apartment that night, she found Kevin with his ex wife. No. Yes. And his ex told us that they were still legally married when Diana found her there. She was actually pregnant with Kevin's child around the same time that Diana was. And she gave birth to a girl about a month before Diana was attacked. Now, according to an LA Times article by H.G. reza, at some point in March of 1979. So this is when Diana was already pregnant. Kevin divorced his previous wife and then married Diana. Now, Kevin says he didn't abuse Diana, that the only time he ever laid a hand on her was when she came home and found his ex there. He said that she had kicked him in the head as he was sleeping on the floor. He, like, jumped up. He didn't know it was her. He fought back. But that seems to be contradicted by his own words, because in an episode of on the Case with Paula Zahn and in an episode of Forensic Files, he told those producers that at some point in her pregnancy, he had slapped Diana hard enough to leave bruises. So now that they know all of this, police bring Kevin in for an interview to suss out what he knows about the weapon used in Diana's assault. I think they're probably hoping he's going to say too Much. But he stays calm through the whole thing. Later, he even agrees to take a polygraph that he passes. But police can't shake this feeling that something isn't adding up. But does that mean he tried to kill her? The idea that a roaming psychopath just happened upon their apartment in the exact small window that Kevin went out to get food seems almost unbelievable, except for the fact that at this very time, there was a roaming psychopath attacking women in almost the exact way that Diana had been attacked. And just a week into the investigation of Diana's case, police get word of another brutal attack. A 24 year old named Debra Kennedy is found by her sister, bludgeoned to death inside their shared apartment. Now, authorities determined in that case that Debra had been sexually assaulted. And the similarities in the victim profiles are hard to ignore. Both Diana and Debra are young, white, living in the same neighborhood, attacked the same way, both in first floor apartments. And these two attacks actually fit a much larger pattern, because for two years, police have been responding to assaults all across Orange County, California. And at least 10 other women who lived in first floor apartments with either unlocked windows or unlocked doors had been attacked in the middle of the night. They'd all been beaten with some kind of blunt object, mostly fatally, and some were sexually assaulted. Now, police believe that they're all the work of a serial killer that they're calling the bedroom basher. And for some reason, it takes until Debra's murder for police to finally form a task force to investigate.

Ashley Flowers (33:10)

This is part of the theme. Right. So Kevin told us he remembered doctors warning him that Diana was pretty suggestible. But the police reports that Diana sent to us contain a statement from her doctor saying that she only has issues with her speech now, at this point, not her memory. Now, based on the police reports, her friends remember her telling them what she told police at the time, that sex had gotten too painful for her by that point, and she was Bleeding, so she didn't want to have sex anymore. Though there is one friend who remembers Diana saying that she and Kevin tried having sex to induce labor that day, but it hurt too much, so she wanted to stop. But that was even earlier in the night. Like, it doesn't line up with Kevin's story when he claimed they had sex. Now, Kevin claims they never even found any blood on his key caddy, but none of the case files that we have even mentioned the key caddy one way or another. So I don't know about that part. So they don't have any kind of weapon. We don't know if it's the key caddy. It doesn't seem like it would be a key caddy. Again, remember, her brain's exposed, right? But the d. A. Believes Diana, and that means finding semen that's likely Kevin's, to them means he attacked her. So In March of 1980, Kevin is arrested a second time. And this time the charges stick. Police add a spousal rape charge, making Kevin one of the first people to be tried for that after California had previously passed a law against it, which is like wild that you have to pass a law against it. But they did. Now, in the months leading up to Kevin's trial, Diana is determined to get justice for her daughter that she'd never got to see grow up. The state's case, which has become front page news by this point, rests on her shoulders. Without much other evidence. Is Diana's account enough? And what about the emotional and physical demands of a trial? Is Diana up to testifying in court? I mean, these are the questions hanging over investigators who seem to have concerns about the strength of the case, because according to an article in the hanford sentinel, they end up dropping the spousal rape charge at some point leading up to the trial. I don't know exactly why, but from those records Diana sent us, it seems like it was tough to establish whether or not the sex was consensual or not. Like every rape case where, I mean, like, they're not taking on that fight. So in October of 1980, just over one year after her attack, Diana takes the stand in front of Kevin and devastatingly details an abusive marriage that culminated in an assault that caused permanent, life altering damage. I mean, still, she is partially deaf in one ear, fully deaf in the other. She's lost her sense of smell. She has a plastic plate in her head. And she has had to relearn basic language skills from scratch. Reading, writing, speaking, communication that was once as easy as Breathing is now a daily struggle for her. After her emotional testimony, Kevin's defense is up next. They can't introduce the polygraph that he passed into evidence. The judge won't allow it. So they put all of their focus on discrediting Diana's memories. They point out that in pretrial hearings, she said that her attacker took off all his clothes. But then at the trial, she said he was fully clothed. They have Kevin take the stand in his own defense, and he points the finger at the man who was standing outside the apartment. Someone he says that police didn't look at hard enough. Especially while this bedroom basher was roaming the streets. And after a grueling week and a half long trial, the jury only deliberates for three hours before coming back with a verdict. Kevin is found guilty of Diana's attempted murder and the second degree murder of their daughter, Chantal Marie. And the judge sentences him to 15 years to life in a maximum security prison. And to be clear, no one's happy about any of this. I mean, to Diana, this verdict is a tragedy. But I'm sure Kevin's sentence finally makes her feel safe. I mean, she told us that's when she could move on with her life. That's when she got a job. She went to beauty school. And then two years after Kevin's conviction, she met someone new, someone she'll end up having a daughter with. And meanwhile, Kevin's not exactly a model prisoner. According to an article in the Deseret News, he deals drugs, he starts fights, which he told us is how he survived in prison. Now, come 1989, Kevin is up for parole for the first time, and Diana remembers him showing up in chains. And she attends every single one of his parole hearings to make sure he stays behind bars. But in the DA's eyes, Kevin seals his own fate at those parole hearings because he never takes responsibility for the crime that he was convicted of. He still claims that he's innocent, and he still claims that the guy outside his apartment is the one responsible for attacking Diana. So, not seeing any signs of remorse, the DA's office opposes Kevin's release. But then, a few years into his time in prison, Kevin seems to turn his life around. He gets sober. That same article in Deseret News reports that he earns a degree in computer science. He gets a job as an office clerk in the prison, and that's actually where he meets his third wife. And he and his daughter with his first wife both told us that from that point, he stays on track. He actually tries to be as present of a dad as he can be from prison. She and her mom told us they always believed in Kevin's innocence and that he was never capable. They didn't think he was capable of attacking Diana so brutally. And actually a detective working on one of those bedroom basher cases in 1996 is about to find out that they're right. I've been trying to cut back on coffee, so I've been looking for substitutions that I can work in throughout the day and I give myself one cup of joe in the morning. And then for the afternoon I've been trying Rye's Mushroom Coffee, which sounds wild at least to like my Midwest self. It did, but it's been a great find. And for my like, I hate mushroom people. It doesn't taste like mushroom soup or anything. They have a bunch of different products, even hot chocolate. The benefits are awesome. Rise Mushroom Coffee is a custom powerhouse blend of six functional mushrooms crafted to fuel your body and mind all day long. It helps with all day energy, sharper focus, healthy digestion and immune support. It's been a nice little boost for me in the afternoon when I get to that like post lunch 2pm crash. And with over 150,000 5 star reviews, you likely won't be disappointed. Try Rise mushroom coffee with 15% off your first order at risesuperfoods.com crimejunkie that's R Y Z E superfoods.com crimejunkIE don't just wake up, awaken with Rise.

Ashley Flowers (56:18)

Not that I could tell. Like we weren't able to get the full transcript before the recording, but Pat wrote that Gerald said when he went inside and he found Diana, she was like in this daze. Remember this is when she, like, lifts her head, looks at him before, like, flopping back down, and then the rest is what he told police. But this meeting with Gerald is what reinforces Diana's belief that Kevin hurt her before Gerald attacked. Like, in her mind, both can still be true. So while Diana leaves believing that Gerald is responsible for attacking her, she feels more convinced than ever that so did Kevin. And it is incredibly hard for her to wrap her head around the outpouring of public support that he's getting. Yeah, Diana and Kevin have never spoken in the years since this. Diana told us that he's never tried to reach out to apologize or to make amends, and she firmly believes that he does have something to apologize for. It's the reason that she's never been able to forgive him, while she says she has been able to forgive Gerald because he at least apologized. Now, Kevin told us that he never reached out to her because he doesn't want to make things harder for her, but things were already pretty freaking hard for her. I mean, lingering effects of her physical attack itself aside, now that Kevin has been exonerated, the media all but blames Diana for his wrongful conviction. So after Kevin's convictions overturned, his lawyers say in that LA Times article that nothing Diana says should be believed because her testimony at Kevin's trial has proven that she's not reliable. But if there's one thing that this story has taught me, it's that memory is a complicated thing, no matter if you've suffered a brain injury or not. Like, for example, a friend told police that Kevin said that the reason he went out for that cheeseburger at the Jack in the Box was because Diana was craving one. Diana remembers it that way, too. But when Kevin talked to us, he said that he'd never craved anything in his life like that cheeseburger. And Kevin told us he didn't drink anything the night of the attack. But multiple witnesses remember him drinking that day. And again, clearly, there was some fight that took place that night, but that's never been part of Kevin's story. And is it memory, or is it trying to change our memory to make the truth better for certain people easier? Now, just to be clear, nobody ever believes that Kevin is responsible for the crime he was wrongfully convicted of. He has been completely cleared, and by cleared, I mean ultimately exonerated of it. He was proven factually innocent in a court of law. Kevin claims that some police officers called Diana and her mom the crazy ladies when the story, like, really went public. And I've Said it before. We as society are quick to write women off as crazy. But while Diana has had to work hard to communicate her thoughts, she speaks powerfully when she reflects on what she went through. And she does just that when she takes the stand again, this time to testify against Gerald, when he goes to trial in 1998 for the murder of her daughter and the murders of five other Orange county women, ones that his DNA was tied to. And in that case, the jury deliberates for less than two hours before returning a verdict of guilty on all six counts of first degree murder with a recommendation of the death penalty. Diana told us that she felt a sense of relief when Gerald was convicted of her daughter's murder because he's where he should be, in prison, where he can't hurt anyone else. But she still says she wouldn't call it closure. She said that when she got our call about speaking about her perspective of this, she felt some hope that maybe talking about it, talking about what she went through, like the real, full story of what she went through, maybe that will bring closure. I mean, since the attack, her life at times has been difficult and frustrating. When she was in high school, English was her favorite subject. And before the attack, she loved writing poetry to put her innermost thoughts to paper. But since then, she has had to work hard to find the right words to even express herself, even in everyday conversations. But she has also surprised herself. She recovered better than she ever hoped that she would like. She only had, I don't know if you know this, a 10% chance of survival in the hospital. And now she is, like the pillar of support for her friends. She drives them to doctor's appointments and keeps busy and goes on vacations with her grandkids. And she raised her daughter from a place of hope and never a place of fear.