← Dark Downeast
Dark Downeast
The Murder of Victoria Cushman (Rhode Island)
00:41:55
Victoria Cushman was just 29 years old when she was found murdered inside her Warwick, Rhode Island apartment, just steps from the sporting goods store where she worked. For years, her family waited for answers and eventually, the case seemed to have them: a suspect known to the case from day one, who investigators said had motive to end Vickie’s life. The evidence was circumstantial, but it was compelling. A secret relationship. Conflicting statements. A timeline that seemed to close in around one man. To a jury, the pieces fit. But fitting isn’t the same as true. Years later, the story everyone thought they trusted cracked wide open.
Loading summary
Transcript4 lines
- [00:02]
A
Save even more during Pro Savings Days at Lowe's. My Lowe's Pro Rewards members save up to 20% on in stock molding when you spend $250 or more and save up to 20% on in stock pre hung interior doors when you buy six or more. Load up today on the materials you need and get the most out of Pro Savings Days members get more at Lowe's. Ballot to 731 while supplies last selection varies by location. Loyalty program subject to terms and conditions c lowe's.com terms for details subject to
- [00:30]
B
change Some cases fade from headlines, Some never made it there to begin with. I'm Ashley Flowers and on my podcast the Deck, I tell you the stories of cold cases featured on playing cards distributed in prisons designed to spark new leads and bring long overdue justice. Because these stories deserve to be heard and the loved ones of these victims still deserve answers, are you ready to be dealt in? Listen to the Deck now with wherever you get your podcasts. Victoria Kushman was just 29 years old when she was found murdered inside her Warwick, Rhode island, apartment, just steps from the sporting goods store where she worked. For years, her family waited for answers, and eventually the case seemed to have them. A suspect known to the case from day one, who investigators said had motive to end Vicki's life. The evidence was circumstantial, but it was compelling. A secret relationship, conflicting statements, a timeline that seemed to close in around one man. To a jury, the pieces fit, but fitting isn't the same as true. Years later, the story everyone thought they trusted cracked wide open. I'm Kylie Lowe, and this is the case of Victoria Kushman on Dark Down East. In the summer of 1989, Victoria Cushman lived in an unexpected little pocket of Warwick, Rhode Island. Her apartment was on the second floor of a white building adjacent to the Alpine Ski and Sports store where she worked. It sat in an industrial and commercial stretch of Maple street near Jefferson Boulevard, close to warehouses, offices, parking lots, and the hum of I95. It was not the kind of place where you'd necessarily look up and imagine someone living, but Vicky had made a home there. She wasn't even 30 years old yet, but by then Vicky had already lived more than one kind of life. She had served four years in the US army, including time overseas in Germany with a specialized intelligence unit, and later earned a degree in German from the University of Maryland. Language was one of her gifts. She could move between German, Italian, French, Farsi, or Iranian. And Spanish. And she had an agile mind and an ear for the world beyond where she happened to be standing. There was even more to Vicki than her resume. She painted, she gardened, she loved her family. She wanted a future with a home, a marriage and children. That life was still ahead of her, still taking shape. Outside her apartment, Vicky tended a garden. She was rooted there. And she cared about making even an unlikely place beautiful. She had a cat she loved too. A cat her friends knew she worried about, especially with all the traffic in the parking lot below. On the evening of August 10, 1989, Vicki talked on the phone with her father, Robinson Cushman. Around 9:30pm Sometime after that, an employee working downstairs heard movement from her apartment above the soft footfalls of Vicky settling in for the night. By the next morning, August 11, Vicky was expected at work. Her co worker, Carrie Martin, expected to see her for their usual pre shift coffee and conversation before the day started. But Vicky wasn't there. At first it was just unusual and then it was worrying. Carrie tried calling Vicky's apartment, but it just rang and rang until the answering machine picked up. So Carrie walked over from the store to check on Vicky. When she reached the apartment, the door was slightly open. Then Vicky's cat jumped out and clawed at her. Clearly distressed, Carrie was spooked and didn't dare go in any further. Without backup, she returned to work and asked two other co workers to check on Vicky with her. One of the others entered the apartment first. Almost immediately he told them to call the police. When Warwick PD officers arrived, they found Vicki in the living room behind a chair, lying in a pool of blood with obvious trauma to her head. Nearby was a heavy fire extinguisher. Vicky was wearing a pink bathrobe cinched at the waist. In the bedroom, her linens had been turned down. A book was propped open, holding someone's place. The light was still on. It looked like Vicky had been settling in for the night, reading or resting in the quiet of her own space before the violence began. There were other details too. Yellow dishwashing gloves were found turned inside out near Vicki's body. Her handbag was open, but her wallet was still there with cash and credit cards inside. This did not look like a simple robbery gone wrong. Something violent had happened here. But whatever the reason, it didn't seem to be money. The details did not point neatly in one direction. There was violence, yes, but. But there were also contradictions. An autopsy by Dr. William Q. Sterner, Rhode Island's chief medical examiner, found that Vicky had suffered multiple skull fractures from repeated blows with the 17 pound fire extinguisher found at the scene. There was also evidence of asphyxiation, described as an initial disabling injury before the beating. Her cause of death was cranial cerebral trauma, with three distinct sets of fractures to the skull. The autopsy ruled out sexual assault. Vicki's father, Robinson Cushman, had spoken with her around 9:30 the night before. Later, someone working downstairs heard movement above the sound of Vicky in her apartment. So with those clues and the condition of her body, the medical examiner estimated that Vicky died sometime between 9:30pm on the 10th and 3am the next morning. Investigators found an open window in the apartment, and the screen from that window was leaning against the wall near Vicky's feet. Outside in the garden, flowers were trampled and uprooted. Investigators also found a piece of rotted wood from the building on the ground, a bent shingle on the porch roof, and muddy scuff marks near a vertical conduit pipe along the exterior. From the outside, it suggested a possible route. Someone climbing up the side of the building, stepping onto the porch roof and getting in through the window. But inside, that version started to fray. There was no mud tracked through the apartment, despite finding mud on the exterior wall. The screen came from the window above the porch roof, but the locking mechanism was still intact and working. According to later findings, it could only be opened from the inside. And then there was Vicky's cat. Her friends knew how careful she was with that cat. To them, it didn't make sense that Vicky would leave the screen open and risk the cat getting out. If Vicky wouldn't have removed the screen for fear of her cat escaping, and it didn't appear to have been tampered with from the outside, what was the explanation for it being out of place near her body? Police also found those yellow dishwashing gloves turned inside out. Later, the theory would be that the gloves may have been used after the fact, possibly by someone trying not to leave evidence behind. The evidence and the circumstances at the scene didn't immediately fit one obvious scenario. But then investigators found something that changed the direction of the case entirely. It was a letter written by Vicki, addressed to a Scott Hornoff. The letter was intimate and emotional, and it suggested Vicki believed Scott had been torn between her and his home life. Vicki wrote in part, quote, scott, I know how hard this whole situation must have been for you. As you said, a major dilemma. I wanted to be the kind of person who was strong enough to say, you, best interests come first. I'll let you go easily, but couldn't, and I can't she also wrote as if Scott had told her his marriage was troubled or at least unstable. According to later court records, the letter referred to Scott's situation at home and said things had not been on an even keel for some time. Later in the letter, Vicky wrote, if I wait for you to try and work things out, I fear I will lose you. You are saying now that I can't lose you because I never had you. But you're wrong. We had a lot over these past few weeks. Something special happened that I can't easily deny or ignore. I know that there isn't much hope for any kind of future for us, but at least there can be a presentation. I miss you terribly already. I want to see you so very badly, Vicky. End quote. Scott Hornoff was not some distant person investigators had to track down. He was a Warwick police detective. He was part of the same department now investigating Vicki's murder. His full name was Jeffrey Scott Hornoff, but he went by Scott. He was a member of the Warwick Police Department's dive team, and because of that, he was familiar with alpine ski and sports where Vicki worked. He went there often to shop and to get scuba tanks filled. Vicki knew Scott. Exactly how well Vicki knew Scott would become one of the central questions of the case because the answer depended on who was telling it. Some accounts described a relationship that had become emotionally involved, though maybe one sided. Other accounts minimized it as a few isolated sexual encounters. But there was no real question that something had happened between them. The letter was proof enough of that basic fact, and that connection needed explanation. When Scott arrived at the station for his 4pm shift on Aug. 11, discussion of the murder on Maple street was well underway. Scott asked who the victim was. When someone said Victoria Kushman, Scott appeared shocked and said he knew her well. A fellow officer later said that after Scott learned Vicky was the victim, he picked up a phone, though it wasn't clear who he called or whether anyone was actually on the other end. What the officer said he heard was Scott saying, vicky's dead. Vicki was murdered. Vicki was the one who was killed. Later that day, Scott was pulled into an interview about the murder. At first, despite his reported reaction earlier, Scott said he did not recognize the name Victoria Cushman. But Vicki had left something behind that spoke for her, and it had Scott Hornoff's name on it.
- [12:17]
A
Yeah, maxing is so maxing right now, bro. Get ready for spicy chicken maxing because Carl's Jr. Is saving you big with a 5.99 maxed out double stack Double Stack Double Stack Spicy chicken sandwich seriously just 5.99 double stack spicy Chicken this is unreal value in the bromosphere. The new Spicy Chicken Max Wallet Friendly Max Tasty only at Carl's Jr available for a limited time at participating restaurants. Tax unincluded. Not valid for use within a combo or a combination with any other offered
- [12:47]
B
discount Three decades ago, a young woman named Angie Dodge is found brutally murdered in Idaho Falls. Police put a man behind bars, but as the years pass, doubts emerge about whether the real killer was ever caught. That's when Angie's own mother embarks on a decades long mission to uncover the truth. Listen to the Snare, a new series from ABC Audio. Listen now wherever you get your podcasts. A Warwick captain and lieutenant told Scott plainly he was a suspect in Vicki's murder. Face down on the table was a copy of the letter found in Vicky's apartment, though apparently never delivered to its intended recipient, Scott's name was clearly written on the envelope. He couldn't feign ignorance any longer. Finally, somewhat stubbornly, Scott acknowledged a sexual relationship with her. According to Ellen Lieberman's reporting for the Providence Journal, Scott indicated he lied at first because he was married, he had a family, and he had a lot to lose in his personal life. Some of the time he spent with Vicky had been while he was on duty, so he feared his job might be at risk too. Scott denied killing Vicki. He told his fellow detectives that he had been at a party hosted by another Warwick police officer the night before, which seemed to account for the time of the murder. But he disclosed little else about his movements that night. While Scott was being questioned at the station, other investigators went to speak with his wife, Rhonda at the Hornoff home. They didn't tell her they were investigating Scott in connection with Vicki's murder or that they believed there had been an affair. Instead, they said there had been an altercation involving Scott and then asked where he had been the night before. According to detectives later testimony, Rhonda initially told them she did not know when Scott came to bed that night. But according to Rhonda's own recollections of that interview, she said Scott came home around 11:30 or midnight. He fed and played with the dogs and then came to bed around 12:30am around the time Johnny Carson was ending and David Letterman was beginning. If an honest statement, it was a solid alibi. Covering the estimated window of the murder, Scott agreed to a polygraph examination, which was conducted by a fellow officer at the department. He passed to the Warwick officials making decisions early on, that seemed to carry significant weight. Scott said he didn't do it. He had an alibi connected to the party and to his wife. On top of those, officers who interviewed him did not see visible injuries or scratches, the kind of marks they might have expected if Vicky had fought back against her assailant. So even though Scott had denied knowing Vicky at first, even though the letter linked them directly, Warwick police moved him off the suspect list. But even then, information developed during the earlier investigation had painted Vicky and Scott's relationship in a much more complicated light. A part time Alpine employee said he had seen Scott and Vicki together at the store many times and that Scott's car had been parked near her apartment more than once. Vicky had also reportedly asked one of Scott's colleagues whether Scott was happily married. One of Vicki's co workers told investigators that Vicky had disclosed she was dating a married Warwick cop and that he was going to leave his wife so they could be together. But by August 9, just one day before Vicky was last heard from, the outlook had apparently changed. According to those accounts, Scott had broken things off, saying he needed to spend more time with his family. Vicky was reportedly surprised, upset and angry. The timeline that supported Scott's alibi was also more complicated than he first portrayed it. Witnesses said that on the night of August 10th, Scott was Rhonda and their baby had been at a party hosted by another Warwick police officer. Scott had admitted as much, but there's more to this piece. According to the later record, Rhonda and Scott argued because he wanted to stay at the party instead of going home with her. Rhonda left a little after 10pm with the baby and without Scott at some point between about 10:30 and 11pm Scott then left the party with his brother David. Witnesses said Scott came back to the party in the early hours of Aug. 11, possibly around 1 or 2am Some people noticed a difference in his demeanor when he returned. He had been social and upbeat earlier in the night. When he came back, he was described as pale, dazed, sick looking and staring off into the distance. He stayed only about 15 or 20 minutes before leaving again. The estimated window of Vicky's murder overlapped with a stretch of time when Scott's exact movements were not as settled as Warwick police first treated them. He was maybe home, maybe back at the party, maybe somewhere in between. Officially, the investigation began to move outward, away from Scott Hornoff. But not everyone inside Warwick PD believed the question of Scott and had been answered. While the investigation moved through interviews and theories and polygraphs. Vicki's family was living in the silence left behind. Her father, Robinson Cushman, had spoken with her the night before she was killed. Hours later, he was a grieving parent. Elizabeth Rao reports for the Providence Journal that in the weeks after Vicky's death, Robinson returned to the apartment on Maple street and gathered what she had left behind, the pieces of a life that had been interrupted. Outside, the garden Vicky had cared for was still there. Robinson picked tomatoes and basil from the plants she had tended to make a sauce. After Vicki was cremated, Robinson took her ashes out by boat and scattered them off the Rhode island coast. At her memorial service in Saunderstown, flowers from her own garden were placed at the altar. Robinson publicly worried that Vicki was being pushed out of public view. Less than a month after her death, another devastating Warwick murder drew intense attention. The murders of Joan Heaton and her two daughters dominated the news. Robinson felt police were doing a good job with the investigation of Vicki's murder, but he still feared hers would be left behind while resources went elsewhere. By 1991, some Warwick detectives were still looking at the same pieces that had troubled them from the the letter, the relationship, the timeline, the way Scott Hornoff had been questioned and then cleared within hours. According to Elizabeth Rao's reporting for the Providence Journal, some detectives believed the case kept circling back to Scott, even if the department's official posture had moved on. Inside Warwick PD there was a divide over how much confidence should be placed in the department's own work. Some detectives wanted an outside agency to review the evidence, but according to later reporting, that idea met resistance from higher ranking officials. Eventually, though, the pressure for outside review won out and the investigation was turned over to Rhode Island State Police. State police did not start from the same place Warwick police had landed. Scott Hornoff may have been moved off the suspect list by his own department in those first hours, but to state investigators, the questions around him were still very much alive. When word got out that the case was now being investigated by state authorities, Scott went to the state police barracks himself and submitted to questioning on November 13, 1992. In that interview, Scott gave investigators a more detailed version of his movements on the night Vicki was killed. He acknowledged that he had been at the party and said he left with his brother. David was dropped off at home but did not actually go inside. Scott said he only got as far as the door, realized he had left some cassette tapes at the party, and immediately drove back to retrieve them in his own car. Yet that expanded version of events did not line up cleanly with other accounts, Scott's brother, David Hornoff, gave his own statement in early 1993. According to later testimony, David said he dropped Scott off and saw him go inside the house, which was different from Scott's account about stopping at the door and leaving again without entering. State police interviewed Scott again in March of 1993, and this time, they pressed him on the inconsistencies and the letter Vicky had written. That letter was hard to explain away. In it, Vicki had written as if Scott had acknowledged trouble at home. But in his formal interview, Scott denied telling her he and his wife were experiencing any problems at all. As investigators kept comparing what Scott said to what others said, the case against him began to take shape. There was a pattern. Inconsistent stories about the relationship, the letter, the timeline, and the things Scott had initially hidden or minimized. The circumstantial evidence was hard to ignore, but that's about all investigators had against Scott. There was no slam dunk, physical evidence to speak of. By December of 1994, the case was before a grand jury, and Scott testified under oath. But instead of clearing things up, his testimony created more problems for him. He was questioned about his relationship with Vicky, the letter found in her apartment, and his movements on the night she was killed. By then, Scott had already given statements about leaving the party with his brother David, being dropped off at home, and returning to the party. But in front of the grand jury, his memory was less clear. He struggled to remember parts of the night, including whether he had actually gone into his house after David dropped him off. The bigger issue was credibility. Scott had already admitted he lied when he first denied knowing Vicky. He said he lied because he was married and had a lot to lose. But one grand juror asked the question that seemed to hang over the entire case. If Scott had lied to his wife and to investigators about the affair, why should they believe him now? Scott's answer was still that he did not kill Vicky. Scott's denials did not outweigh the other testimony for the grand jury. On December 28, 1994, Jeffrey Scott Hornoff was indicted for Vicky Cushman's murder. He pleaded not guilty, was suspended from the Warwick police Department without pay, and made bail while he waited for trial. For years, Vicky's family had waited for someone to be charged. Now they had a name, an indictment, a case moving toward trial. But the arrest of Jeffrey Scott Hornoff did not just raise questions about what he had done. It raised questions about what Warwick police had failed to do in the first place. So I just got back from a friend's wedding and the rehearsal dinner dress code was cowboy casual. I knew I wanted to dress to the theme, but I didn't want to buy something I'd only wear once. So what do you know? I turned to my standby quince. I paired a 100% European linen mini skort dress in a mini gingham pattern with a 100% organic cotton oversized denim jacket. Okay, are you picturing it? And then I completed the whole look with my quince Italian leather block heel boots in a chestnut color that I got last year. Comfy, cute, totally on theme without being too campy. And I'm already planning to rewear every single thing. If you need a cowboy casual outfit or you're leaning into the coastal New England look that's super on trend right now, you need some linen. So take a peek at Quint's for elevated essentials using premium materials like 100% European linen pants, dresses and tops. Their super soft denim and organic cotton sweaters, perfect for layering, make your summer wardrobe feel easier. Go to quince.com downeast for free shipping on your order and 365 day returns. Now available in Canada too. That's Q-U-I-N-C-E.com downeast for free shipping and 365 day returns. Quince.com downeast. The arrest of Warwick PD's Jeffrey Scott Hornoff forced a closer look at the department that had first handled Vicki's murder. Jim Hummel reports for the Providence Journal that the city brought in Kevin Bristow, a former assistant attorney general, to review how the investigation had been handled. His report was sharply critical of Warwick's early handling of the case. According to reporting on the review, Bristow found that key evidence had not been collected when it should have been. Scott's clothing from the night Vicki was killed had not been seized, and his car had not been searched for blood, hair or fiber evidence. The report also pointed to missing records, including the report of Scott's first interview and dispatch printouts from around the time of the murder. The report was damaging for Warwick police. For prosecutors, it underscored why the case had become so difficult. The trial began on May 13, 1996, nearly seven years after Vicky Cushman was killed. By then, this case had become bigger than one courtroom. It carried years of questions about the Warwick Police Department, about the way the first investigation was handled, about whether one of their own had been protected or or simply cleared too quickly. But inside court, the question was narrower. Did the evidence prove that Scott Hornoff killed Vicky. The state's theory was that Scott left the police party that night and went to Vicky's apartment because he was afraid of what their relationship could cost him. His marriage, his family and his job were on the line. Prosecutors argued that the apartment did not show a true break in. They said the scene had been staged to look like someone had climbed in from the outside. But the evidence pointed to someone Vicki knew. In the state's version, Scott could have been let in by Vicki, or he may have had access another way, maybe through a personal key, though he denied having one. And because he was a detective, prosecutors argued he would have understood the importance of not leaving evidence behind. That was where the yellow dishwashing gloves came into the state's case. Prosecutors suggested Scott may have used them to avoid leaving fingerprints or to clean up after the attack. But the defense had a powerful point of its own. There was no physical evidence tying Scott Hornoff to Vicki's murder. No witness saw him kill her. No blood evidence connected him to the apartment. No fingerprints, no hair. No direct forensic link placed him at the scene. Dr. Henry Lee, the famed and now controversial Connecticut forensic scientist, testified for the prosecution. Richard Salett reports that one issue at trial was whether a blood smear found on the screen supported the state's theory that it had been raised from inside the apartment, not forced from outside. Dr. Lee testified that the smear tested positive for blood and on cross examination said that if the screen was properly locked and down, he could rule out someone raising it from the outside. Scott's wife, Rhonda, testified that she got home with the baby around 11:30pm and later heard Scott come home around midnight. According to her testimony, Scott fed and played with the dogs, came to bed around 12:30am and was still home when she woke up later with the baby. But the prosecution challenged that alibi. Other testimony suggested Rhonda had not been so certain in her earlier statements about when Scott came home or whether he came home at all. The defense asked jurors to focus on what was missing. No physical evidence, no eyewitnesses, no direct proof. The prosecution asked them to look at the whole picture, arguing that circumstantial evidence could still prove the case beyond a reasonable doubt. On June 19, 1996, the jury found Jeffrey Scott Hornoff guilty of first degree murder. For Vicky's family, the verdict seemed to bring the answer they had waited nearly seven years to hear. Outside the courtroom, Robinson Cushman said it had been seven years of hell, and he was relieved that the system appeared to have worked. Scott Hornoff was sentenced to life in prison, but he continued to maintain his innocence. Scott Hornoff's defense continued to challenge the conviction. First, there was a request for a new trial in Superior Court that was denied. In the court's view, the evidence had been presented with enough force. Force to support the jury's decision. The judge wrote that the evidence left no doubt that Scott had been properly and deservedly convicted of first degree murder. But still, Scott cried innocent. One of the later arguments for a new trial centered on a different name that had already become infamous in Rhode Island. Craig Price. He had since been convicted of other homicides, including Joan Heaton and her two daughters. Within weeks of Vicki's murder, Scott's defense claimed there was new evidence suggesting that an inmate at the adult correctional institutions had heard Craig Price brag about killing Vicky Cushman, too. But when it came time to present that claim in court, the inmate who allegedly heard the confession could not be found to testify. After a second request for more time to locate him, the judge reviewed a transcript of the inmate's interview. Instead, there were serious problems with the story. According to the court records, the supposed confession did not match the known facts of Vicky's murder. Price allegedly described the crime as happening in a home in a wooded area, but Vicki lived in an industrial and commercial section of Warwick. The account included a claim of sexual assault, but the autopsy had ruled that out. It suggested the home had been torn apart, but Vicky's apartment had not been ransacked. It also referenced dogs barking as the killer left, which did not fit the scene either. The judge found the claim was not credible enough to warrant a new trial. In October of 2000, the Rhode Island Supreme Court denied Scott's appeal and affirmed his conviction. After that, he was formally dismissed from the Warwick Police Department, where he had been suspended while the case moved through trial and appeals. With his appeals denied, the legal system treated the case as resolved. For Vicki's family, that meant the conviction still stood. For Scott Hornoff, it meant that every official door seemed to be closing. But for the person who actually killed Vicky Kushman, it meant something else entirely. Someone else was in prison for what he had done. So I just got back from a friend's wedding, and the rehearsal dinner dress code was cowboy casual. I knew I wanted to dress to the theme, but I didn't want to buy something I'd only wear once. So whaddaya know? I turned to my standby quints. I paired a 100% European linen mini Skort dress in a mini gingham pattern with a 100% organic cotton. An oversized denim jacket. Okay, are you picturing it? And then I completed the whole look with my Quince Italian leather block heel boots in a chestnut color that I got last year. Comfy, cute, totally on theme without being too campy. And I'm already planning to rewear every single thing. If you need a cowboy casual outfit or you're leaning into the coastal New England look that's super on trend right now, you need some linen, so take a peek at Quint's for elevated essentials using premium materials like 100% European European linen pants, dresses and tops. Their super soft denim and organic cotton sweaters, perfect for layering, make your summer wardrobe feel easier. Go to quince.com downeast for free shipping on your order and 365 day returns. Now available in Canada too. That's Q-U-I-N-C-E.com downeast for free shipping and 365 day returns. Quince.com downeast I'm finally at the part of our kitchen renovation where I get to turn all the dust decisions and drywall into the space I've been picturing for months. That's why I keep finding myself on Wayfair. I want this kitchen to feel warm and coastal and like it actually belongs in our house. But I also need the budget to survive the process. So I'm looking at Wayfair for the pieces that are going to make this place more than just a pretty kitchen. The sink, the faucet, the counter stools, the breakfast table, and the swivel chairs for the little seating area. I have been drinking screaming up in my head since day one. I can already see my daughter coloring nearby while I'm making dinner, something good simmering on the stove and friends settling in with a drink like they came over for a tiny getaway. That's the feeling I'm shopping for, and Wayfair makes it a whole lot easier to get there. Ready to upgrade your home for way less? Head to Wayfair.com right now to shop all things home and get your space ready for less. That's W-A-Y-F-A-I-R.com Wayfair Every style, every home. While Scott Hornoff was serving a life sentence for Vicky Cushman's murder, another man was living outside prison with knowledge that would eventually burn the whole case to the ground. His name was Todd J. Barry, according to Kathleen F. Crowley's Reporting for the Providence Journal, Todd was a Rhode island carpenter and self employed contractor. By 2002, he was living in Cranston with his wife and two children. When his name finally reached prosecutors, it did not come from old suspect lists or a long forgotten lead being reworked. There was no reason to rework the case or address any lingering leads in the file. The case was resolved as far as the courts were concerned. According to Attorney General Sheldon Whitehouse, Todd Berry had not been on investigators radar before his lawyers contacted prosecutors in November of 2002. But Todd did know Vicki. A Wesleyan University profile of Todd's attorney, William Devereaux, described Todd as having a prior physical relationship with her before she got involved with Scott Hornoff. Todd claimed he ended the relationship. By 1992, Todd was married. He and his wife lived in Pawtucket before later moving to Cranston, and they had two children together. From the outside, his life looked ordinary. Work, marriage, children, a home. But a decade later, in the fall of 2002, something changed. Todd suddenly quit a renovation job in Cranston. A realtor and friend told reporters that Todd said he was too stressed to continue the work. But the pressure wasn't coming from the job site. It was coming from something he had carried for 13 years. And in November of 2002, Todd Berry's secret finally reached the Rhode Island Attorney General's office. On Friday, November 1, 2002, Todd Berry's lawyers met with state prosecutors and told them their client was claiming responsibility for Vicky Cushman's murder. Scott Hornoff was in prison. His conviction had been affirmed by the state Supreme Court. His appeals had failed. And now, more than 13 years after Vicky was killed, a man who had never been interviewed, never been considered a suspect, was saying the entire case was wrong. Unfortunately, the false confession phenomenon is not as rare as it should be. So for prosecutors, this was not something they could simply accept at face value. State police and prosecutors spent that weekend trying to determine whether Todd's confession could be trusted. They had to compare what he was saying against the known evidence from Vicki's apartment, the original investigation, and the case that had sent Scott to prison. By Sunday night, November 3rd, Todd Berry was sitting for a videotaped interview with police. It lasted about three hours. Gerald M. Carbone and Tom Mooney report for the Providence Journal that in the interview, Todd told investigators that on the night Vicki was killed, he had been drinking at the hot club in Providence before going to Club Rocket, where he smoked pot with two fellow carpenters. After that, he said he remembered driving south on i95 and then being on the roof of Alpine ski and Sports at 56 Maple street in Warwick. That was Vicki's building. In the simplest and most respectful version of what prosecutors later described, Todd said he went to Vicki's apartment to talk. Tempers flared, and he killed her. He told investigators he beat Vicki to death with the fire extinguisher found at the scene. By the early hours of Monday morning, prosecutors believed him, not because he had simply confessed, but because they said his statement had been tested against the evidence from the original case. And now, with Todd Berry's story seeming credible, it meant an innocent man was sitting in prison for Vicky Cushman's murder. The next day, November 4, 2002, Todd Berry was arraigned on a charge of second degree murder. He was ordered held without bail. Then, on November 6, after filing an amended application for post conviction relief, Scott walked out of prison after more than six years behind bars for a murder he did not commit. On January 6, 2003, Todd Berry pleaded guilty to second degree murder and was sentenced to 30 years. That same day, the charges against Scott Hornoff were dismissed. For Scott Hornoff, the damage was broader than prison time. Scott had lost his police career, his income, his home, his marriage, and years of daily life with his children. Freedom came first. Restoration would take much longer. Scott wanted to be reinstated as a Warwick detective. He also wanted back pay and benefits for the years he lost while wrongfully convicted and incarcerated. But the city of Warwick fought that effort, pointing to an unrelated case, Scott's no contest plea for using a false police ID in an attempt to get discounted movie tickets. Under city rules, Warwick argued, an officer who entered a no contest plea to a crime involving moral turpitude or a felony could not serve as a police officer. The city also argued that the Rhode island supreme court had already affirmed Scott's conviction and that decision had been final. In other words, Warwick's position was that what came afterward, Todd Berry's confession, Scott's release, the dismissal of the murder charge did not automatically change what the city owed him when it came to reinstatement and back Pay. In a January 6, 2004 Superior Court decision, the judge acknowledged one legal technicality. Scott's expungement was in the public interest. But the expungement does not mean that Hornoff has been acquitted. However, the court also looked at the larger reality of what had happened and made clear that it would view Scott as an innocent man. In the decision, the judge wrote, hornoff has borne the false brand of a convicted felon for long enough. This court will not allow him to bear it any longer, end quote. The court ordered Warwick to grant him the equitable relief he was seeking. That ruling was a major victory, but it still did not mean every part of the aftermath was settled. There were disputes over money, back pay, benefits and civil claims. Scott became part of the public conversation around wrongful convictions, testifying in support of legislation meant to compensate people who were wrongfully imprisoned and later speaking about post conviction relief, the legal process that can give convicted people a path to prove their innocence. After trial. In 2022, nearly 20 years after he walked out of prison, Scott was reported to be receiving compensation under Rhode Island's wrongful conviction law. As for Todd Berry, he served more than 20 years in prison for Vicki's murder. He was released in August of 2024. And in April of 2025, NBC10WJAR reported that Todd Berry died in his sleep while living in transitional housing in Providence. Police said there were no suspicious circumstances reported. There's so much loss in this case that cannot be quantified. There's loss for a person wrongfully convicted. Being freed and being made whole are not the same thing. A court can vacate a conviction and clear a record. But years still pass. Families still fracture, careers disappear. Children grow up. You can't get time back. But the biggest loss of all, Vicky Kushman was murdered. And the person who killed her was not held responsible for more than 13 years. In that time, Vicky's family was forced to live through an investigation, a trial, a conviction, and then the painful realization that the answer they had been given was wrong. Vicki had made something for her niece on the day she was born. A letter and scrapbook meant for her to have later in life. It was a gift from an aunt to a newborn. But it also reached forward in time, imagining the young woman her niece would someday become. In the letter, Vicki wrote with a kind of clear eyed tenderness. She knew growing up would come with uncertainty. Questions about work, relationships, identity, and what kind of future to build. But she also wanted her niece to feel anchored. Before the little girl was old enough to understand love. Vicky wanted her to know she already had it before she could know what hardship felt like. Vicky wanted her to know she would not have to carry it alone. Vicki did not pretend life would always be easy. Her message recognized that her niece would face pain, pressure and mistakes. But those moments did not have to become the measure of who she was. They could be survived. They could be learned from. They could be part of a life without becoming the whole of it. Vicki's sister Jennifer later described the letter and scrapbook as thoughtful and said that was Vicki's way. There is a lot in this case that can pull attention away from Vicki. The investigation, the conviction, the confession, and the years lost to the wrong answer. But Vicky Kushman was never just the starting point of someone else's story. She's the reason this story exists. Before her name was written into court records, before her life was discussed through evidence and testimony, before anyone outside her family debated what happened to her, Vicky was deeply loved. And even after the legal system corrected one of its failures, her family was still left with the truth. No ruling could change. Vicki was gone, but the love they had for her remained. Thank you for listening to Dark Down East. You can find all source material for this case@darkdowneast.com be sure to follow the show on Instagram at darkdowneast. This platform is for the families and friends who have lost their loved ones and for those who are still searching for answers. I'm not about to let those names or their stories get lost with time time. I'm Kylie Lowe, and this is Dark Down East. Dark down east is a production of Kylie Media and Audio. Chuck. I think Chuck would approve. Sometimes in the quiet corners of our world, or even in the glaring light of day, events unfold that defy the very fabric of reason. There is no scientific, logical, or readily apparent explanation for what we witness. It challenges our understanding, our beliefs, and even our sanity. Why do these things happen? What forces are at play? I'm Yvette Gentile. And I'm her sister, Rasha Pecorero. Every week on our podcast, so Supernatural, we dive deep into some of the earth's most bizarre and inexplicable occurrences. We don't just observe them. We actively try to explain the unexplainable. So if you're ready to have your perceptions challenged and your curiosity ignited, listen to so Supernatural every Friday wherever you get your podcasts.