Gilgo Beach serial killer pleads guilty. Hawaii doctor learns his fate. Plus, reasonable doubt.

Summary

Dateline NBC: "Gilgo Beach Serial Killer Pleads Guilty. Hawaii Doctor Learns His Fate. Plus, Reasonable Doubt."

Host: Andrea Canning, NBC News
Date: April 9, 2026

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Episode Overview

This episode of Dateline True Crime Weekly dives into three major stories:

1. Rex Heuermann’s Guilty Plea in the Gilgo Beach Serial Killer Case—a chilling resolution to a decades-long mystery.
2. The Hawaii Clifftop Attempted Murder Trial—the verdict in the case of Dr. Gerhard Koenig, accused of trying to kill his wife.
3. The Concept of Reasonable Doubt—what it really means for jurors in criminal cases, with insights from a veteran prosecutor.

The episode maintains Dateline’s signature detailed, empathetic, and investigative tone, combining courtroom reporting, interviews, and expert analysis.

---

Key Segments & Timeline

1. Gilgo Beach Serial Killer: Rex Heuermann Pleads Guilty

[01:11 – 12:00]

Background

• Since 1993, police found 11 sets of human remains near Gilgo Beach, NY.
• Victims: Many were sex workers; violence, dismemberment, and burlap wrappings shaped the case’s infamy.
• Families haunted for decades; the first break came in July 2023 with the arrest of architect Rex Heuermann.

Evidence Against Heuermann

• Physical Evidence: DNA — including a hair found on duct tape used to bind victims, matched to Heuermann.

  “The DNA evidence was really, truly overwhelming. And I think that was key to the decision by Heuermann to change his plea.” — Adam Reese (04:44)

• Digital and Witness Evidence: Cell phone data, manifestos, vehicle identification.

The Guilty Plea

• Courtroom Atmosphere: Packed gallery, heavy law enforcement presence, victims’ families present.
• Heuermann’s Family: Ex-wife Asa Ellerup and daughter Victoria sat quietly, observed by press and public.

  “Victoria sat next to her mother and actually put her head on her mother's shoulder before the hearing began.” — Adam Reese (05:40)

• Plea Details:
  • Admitted guilt in seven murders, plus an eighth (Karen Vergada) not previously charged.
  • No detailed allocution; families left wanting more specifics.
• Future Cooperation: As part of plea, Heuermann will meet with the FBI Behavioral Analysis Unit.

  “He has promised that he'll do this as part of the plea negotiations investigation, and maybe they'll learn more about how and why he went about doing this.” — Adam Reese (07:32)

Reactions

• Victims’ Families: Relief and determination to keep loved ones’ memories central.

  “It's not about the person responsible today. It's about the women's lives who were stolen... there were moments when the weight felt unbearable. But I never gave up. Maureen was never forgotten, not for a single moment.” — Maureen Brainard Barnes’ sister, Missy (10:23)

• Heuermann’s Ex-Wife:

  “My thoughts and prayers are with the victims and their families. Their loss is immeasurable, and the focus should be on them at this time... I ask that you give some privacy to my family as they navigate through this very dark, difficult time.” — Asa Ellerup (10:50)

• District Attorney Ray Tierney:

  “The defendant walked among us as a normal suburban dad. He lured women, he murdered them, but he didn't silence them. Not only did their bodies provide the clues necessary to find their killer, but the families never gave up in their determination to get justice.” (09:01)

What’s Next?

• Sentencing set for June 17th; victim impact statements anticipated.

---

2. Hawaii Clifftop Attempted Murder: Dr. Gerhard Koenig Verdict

[13:49 – 24:33]

Case Overview

• Incident: March 2025 hike on Oahu—Dr. Koenig accused of attempting to kill his wife Ariel by pushing her off a cliff, attempting injection, and striking her with a rock.
• Prosecution: Argued rage and jealousy over Ariel’s emotional involvement with a coworker, Jeff Miller, motivated the attack.
• Victim Testimony: Ariel suffered lasting scars.

Dr. Koenig’s Defense

• Claimed self-defense: disputes over affair led to fight—he alleges Ariel tried to push him off the cliff first.
• Emotional recounting of life in Hawaii, family struggles, and suspicions about Ariel’s work relationship.

  “Once we were here and settled in, it was our dream life… Every weekend we would explore Maui...” — Gerhard Koenig (15:44)

• Claimed wife brought up a work trip; argument escalated.

  “I felt like a shove and I was almost pushed over the edge.” — Gerhard Koenig (19:37)

• Admitted to hitting Ariel with a rock but denies use of syringe or intent to kill.

Emotional Testimony and Cross-Examination

• Koenig’s son Emile: Recalls father calling him after the incident, expressing suicidal thoughts and admitting intent.

  “He saved my life that day, but I put him in this position where he is now, where he thinks I tried to kill her.” — Gerhard Koenig (22:15)

• Prosecution: No sexual evidence in affair; challenged Koenig on derogatory names used; highlighted severity of Ariel’s injuries through graphic evidence comparison.

  “On the right was Gerhardt's photo and he had some scratches on the side of his face. On the left side, they played several images of Ariel's bloody head, her bloody face. She had large bruises around her eye. It was very stark...” — Mahealani Richardson (23:20)

Verdict

• Jury found Koenig guilty of attempted manslaughter based on extreme mental/emotional disturbance.

  “We, the jury in this case finds the defendant guilty of attempted manslaughter based upon extreme mental or emotional disturbance...” — (24:22)

• Sentencing and additional coverage promised next week.

---

3. Dateline Roundup: Other Cases & Reasonable Doubt

[26:26 – 37:41]

Sandra Birchmore Case Update

• Background: Sandra Birchmore found dead in Massachusetts (2021), pregnant at time of death (initially ruled suicide).
• Accused: Former police officer Matthew Farwell charged with murder; alleged grooming and exploitation since Birchmore was a minor.
• Evidentiary Update: DNA evidence found on a strap—"the murder weapon," per prosecutors; new witnesses emerge; defense challenges paternity.

  “Farwell’s DNA was found on a strap they say he used to suffocate Sandra.” — Andrea Canning (28:27)

• Farwell pleads not guilty; legal wrangling over release pre-trial.

Jared Bridegan Murder Case

• Background: Microsoft designer murdered in 2022 after dropping off children.
• Accused: Ex-wife Shanna Gardner and husband Mario Fernandez Saldana accused of orchestrating murder.
• Key development: Alleged gunman Henry Tenen withdrew plea deal and will not testify, complicating prosecution’s case; debates over trial structure.

  “Prosecutors told the judge they now wanted to try the couple separately in two different trials... the judge seemed a little frustrated.” — Mike Nardi (31:06)

---

4. Reasonable Doubt Explained

Interview with Drew Rolle, former federal prosecutor
[31:31 – 37:41]

• Definition: The highest burden of proof in U.S. criminal law; prosecution must prove guilt so thoroughly that “a reasonable person would feel firmly convinced.”

  “Not probably guilty, not possibly guilty... but really firmly and truly convinced of that guilt.” — Drew Rolle (32:47)

• Everyday Analogy: Making a big decision (e.g., buying a used car) and having hesitation due to unanswered questions—that’s reasonable doubt.

  “That hesitation, that's reasonable doubt. A doubt based on reason from the evidence, from the pitch you've heard...” — Drew Rolle (33:52)

• Role in Justice: Even if jurors don’t believe the defendant, they must acquit if the prosecution hasn’t met its burden.
• Advice for Jurors:

  “The job isn't to sort of solve the case, but to decide whether the prosecution has proved it... and if there's a lack of evidence that's important to you, you have to, according to law, acquit.” — Drew Rolle (36:50) “Trust your gut, having listened to the evidence and use your common sense... you can identify when you have that hesitation about something. And so you should listen to.” — Drew Rolle (37:13)

---

Notable Quotes

• District Attorney Ray Tierney:

  “He would still be portraying himself as that same harmless father next door instead of what he is, a convicted murderer.” (09:25)

• Maureen Brainard Barnes’ sister, Missy:

  “It's not about the person responsible today. It's about the women's lives who were stolen... I never gave up. Maureen was never forgotten, not for a single moment.” (10:23)

• Asa Ellerup (Heuermann's ex-wife):

  “Their loss is immeasurable, and the focus should be on them at this time and moment.” (10:50)

---

Timestamps for Major Segments

• Gilgo Beach Serial Killer Coverage: [01:11 – 12:00]
• Hawaii Doctor Attempted Murder Case: [13:49 – 24:33]
• Sandra Birchmore Case Update: [26:26 – 29:21]
• Jared Bridegan Murder Pre-trial Issues: [29:21 – 31:31]
• Reasonable Doubt Deep Dive: [31:31 – 37:41]

---

Conclusion

This episode presents a gripping snapshot of ongoing and resolved high-profile cases, blending detailed courtroom reporting with emotional testimonies and expert explanation of critical legal concepts. The episode’s depth makes it accessible for those following these stories for the first time, offering both human and procedural perspectives on the American justice system.

Transcript

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[Andrea Canning]

Good morning. How you doing?

You're listening to Dateline's Morning Meeting.

[Narrator/Reporter]

The woman at the center of it lost her appeal yesterday, which is how it came back on my radar.

[Andrea Canning]

Our producers are sharing tips and story ideas. I don't think we've had spellcasters before.

Why was her first conviction overTurned?

Welcome to DATELINE True Crime Weekly. I'm Andrea Canning. It's April 9th, and here's what's on our docket. In Hawaii, a verdict is in for the anesthesiologist accused of attempting to murder his wife on a birthday hike.

[Adam Reese]

We may have the verdict right now. The jury is in the room and the judge. You see them talking to the jury

[Andrea Canning]

right now in DATELINE Roundup courtroom confusion in the case of murdered dad and Microsoft designer Jared Breidegan. And our first glimpse at DNA evidence prosecutors plan to use against a former police officer accused of murdering pro pregnant teacher's aide Sandra Birchmore.

[Mike Nardi]

The state made it very clear this week their stance is that the evidence has only gotten stronger since he was first charged.

[Andrea Canning]

Plus, we'll talk to a veteran trial lawyer about the two words jurors need to bear in mind before reaching their verdict, reasonable doubt.

[Drew Rolle]

As a prosecutor, I think every closing I sat through, I often thought, man, how are we going to meet this?

[Andrea Canning]

But before all that, we're off to Long island for what appears to be the final chapter in the saga of the Gilgo beach serial killer. It's a case I've been covering for more than a decade. And while that has haunted the people of Long island for even longer, Since 1993, police have found 11 sets of human remains in multiple locations in and around the coastal community of Gilgo Beach. Some of the bodies were wrapped in Burlap. Some of them were dismembered. Many of the victims were sex workers. And families were left wondering who had done this to their loved ones. I couldn't believe it. I just was like, how do you go looking for my sister, this one woman to now uncovering a serial killer's dumping ground. For years, investigators had no answers. Until one evening In July of 2023, 30 years after the first remains were found, police finally made an arrest. They handcuffed architect Rex Heuermann as he left his office in midtown Manhattan. He was subsequently charged with the murders of seven of the victims. Since then, in hearing after hearing, Heuerman has steadfastly maintained his innocence. And his defense seemed to be gearing up to go to trial in September. Then on Wednesday morning, everything changed.

[Mahealani Richardson]

The Gilgo beach serial killer suspect now says he did it, and he has admitted to an eighth murder.

[Andrea Canning]

NBC News reporter Adam Reese was inside the courtroom as Heuerman pleaded guilty and is here now to tell us what he heard. And Adam, you are right outside the courthouse right now?

[Adam Reese]

Yes, thank you for having me, Andrea.

[Andrea Canning]

Yeah, sure. So this has been, as we said and know it's been a big story in true crime news for a lot of years. What started as a search for one victim really snowballed into something truly frightening. When they were set to go to trial this fall, what evidence did the prosecution have against Heuerman?

[Adam Reese]

They were able to develop some key evidence. Everything from his cell usage, pinpointing various cell towers both in Massapequa park, where he lived and in Manhattan where he worked, able to find a manifesto describing how he was going to approach the killings. And most importantly, they were able, through witness testimony, to identify the vehicle he had used in the pursuit of some of these crimes.

[Andrea Canning]

And also some of the big DNA evidence, Adam, was hairs that were found on the duct tape used to bind the victims. One hair was a direct match to Heuerman.

[Adam Reese]

Well, the DNA evidence was really, truly overwhelming. And I think that was key to the decision by Heuerman to change his plea. You had digital, nuclear, mitochondrial DNA evidence.

[Andrea Canning]

So take us to inside that hearing. What was the mood like, the vibe?

[Adam Reese]

The public and the press started lining up at 4:30 this morning for an 11:00 clock hearing. And there was lots of anticipation. The courtroom was packed. There were investigators, police officers, members of the Suffolk County, Nassau County, New York State Police lining the walls as Rex Heuermann entered the courtroom.

[Andrea Canning]

One thing, Adam, that I was like, so surprised to hear was that his daughter Victoria and his ex Wife, Asa Ellerup. They arrived with their lawyer. They had to get in line with everyone else. And they had a film crew with them.

[Adam Reese]

Yes. They actually happened to sit in my row, five seats down from me. And Victoria sat on next to her mother and actually put her head on her mother's shoulder before the hearing began.

[Drew Rolle]

Come to order. Please remain seated at this time.

[Andrea Canning]

Adam, take us to the moment of the plea that everyone was waiting for. How did it unfold?

[Adam Reese]

There was a moment at the beginning of the hearing when the judge said, don't bring him out yet. And then he said, the court has become aware that the defendant may enter a guilty plea today, which is perhaps the worst kept secret in this building. There were lots of media reports that he was going to plead guilty, but. But you never know until the moment that he does it whether he's gonna do it or not.

[Andrea Canning]

Yeah, seriously, someone like that, you know, you never know. They could wanna mess with people.

[Judge]

Should we bring the defendant out?

[Adam Reese]

Please bring the defendant out now.

[Andrea Canning]

Thank you.

[Adam Reese]

Very good. Thank you.

[Drew Rolle]

Coming out, Judge.

[Andrea Canning]

So, one by one, Rex pleaded guilty to murdering Megan Waterman, Amber Costello, Melissa Barthelemy, Maureen Brainerd Barnes, Jessica Taylor, Valerie Mack, and Sandra Castilla.

[Adam Reese]

It's a human.

[Andrea Canning]

How old?

[Judge]

62. After discussions with. With your lawyer, you feel it's in your best interest to plead guilty rather than go to trial?

[Andrea Canning]

Yes.

[Judge]

Your Honor. Do you understand that by pleading guilty to a charge that is the same as you had gone to trial and been found guilty of that charge?

[Andrea Canning]

Yes, you, Honor.

[Judge]

You understand that by pleading guilty, you're waiving a number of very important rights?

[Andrea Canning]

Yes, you, Honor. And on top of that, he admitted to an eighth murder, Karen Vergada, in 1996. He had never been charged for that. He had to give an allocution, which is, for the record, you know, a full accounting of his actions. Did he show any emotion at all?

[Adam Reese]

No emotion. And, you know, somewhat soft spoken. Very clear, but somewhat soft spoken.

[Andrea Canning]

What did he say?

[Adam Reese]

Well, I was actually quite surprised by that because a typical allocution, he would have described in detail what he did, how he went about meeting up with them, how he went about taking them out to Gilgo beach, how he killed them, how he dismembered them. There was none of that. So I think a lot of families, a lot of investigators were left sort of somewhat empty in terms of wanting more. Wanting more description of how he went about doing this. But very importantly, he is going to meet with the FBI and explain. This is a behavioral analysis unit of the FBI, and they will have an opportunity to really delve into his mind. He has promised that he'll do this as part of the plea negotiations investigation, and maybe they'll learn more about how and why he went about doing this.

[Andrea Canning]

Adam, imagine being a fly on the wall for those meetings. Wow. That's huge. So there's some of these cases. The remains that were found are unsolved at this point. Could he be charged in the future with any more of these?

[Adam Reese]

Potential charges could come forward as their investigations continue. And if they were to find other bodies, he could potentially be charged for those.

[Andrea Canning]

Suffolk County District Attorney Ray Tierney, who I've interviewed, he spoke at a press conference after the hearing. Tell us what he had to say. He.

[Adam Reese]

This was a moment for Ray Tierney to celebrate. He said, the defendant walked among us as a normal suburban dad. He lured women, he murdered them, but he didn't silence them. Not only did their bodies provide the clues necessary to find their killer, but the families never gave up in their determination to get justice.

[Ray Tierney]

And while we in law enforcement, as well as our Suffolk county citizens mourn the loss of these victims, we are also grateful to them and to their families, because without them, this defendant would have never been brought to justice and would still be walking amongst us, and he would still be portraying himself as that same harmless father next door instead of what he is, a convicted murderer.

[Andrea Canning]

And Ray Tierney was, you know, grateful to the families. Did they speak after court?

[Adam Reese]

They basically all said that we agree with this plea. It was important for them to be in court to watch him plead guilty, to be there and witness that. I think a lot of them are breathing a sigh of relief.

[Andrea Canning]

Yeah. And, I mean, Maureen Brainard Barnes, the sister Missy, spoke and said, you, life will always mean more than this tragedy that took you, which is very moving.

[Maureen Brainard Barnes]

It's not about the person responsible today. It's about the women's lives who were stolen. It is about their voices, their future, and their families, the love that still surrounds them. There were moments when the weight felt unbearable. But I never gave up. Maureen was never forgotten, not for a single moment.

[Andrea Canning]

What about Heuerman's family? Asa Ellerup? They're no longer married. She also spoke after this.

[Adam Reese]

Yes.

[Asa Ellerup]

My thoughts and prayers are with the victims and their families. Their loss is immeasurable, and the focus should be on them at this time and moment. I ask that you give some privacy to my family as they navigate through this very dark, difficult time.

[Adam Reese]

Reporters tried to press her. She said she wasn't going to answer any questions, but they tried to press her on the fact that you lived with him. How could you say you had no idea this was going on? She and her daughter continue to say that they had no idea, that they just couldn't imagine.

[Andrea Canning]

And there still will be a sentencing June 17th.

[Adam Reese]

We expect multiple family members to speak out as victim impact statements. Rex Heuerman is expected to speak speak at the sentencing hearing as well.

[Andrea Canning]

Adam we will definitely cover that sentencing for Dateline True Crime Weekly. And we appreciate all of your insight into this very emotional day for a lot of people.

[Adam Reese]

Thank you, Andrea.

[Andrea Canning]

Coming up, the Hawaii anesthesiologist accused of attempting to murder his wife on a clifftop gives his side of the story.

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[Andrea Canning]

For the past four weeks, a Hawaii jury has heard conflicting testimony about what happened between Dr. Gerhard Koenig and his wife Ariel during a morning hike on a clifftop trail in Oahu in March of 2025. Prosecutors say Gerhardt was so consumed with rage and jealousy over his wife's emotional relationship with a male co worker that he tried to kill her first by pushing her off a cliff, then by pulling out a syringe and trying to inject her with something. When that didn't work, they say he hit her over the head with a rock. They have called witnesses ranging from the hikers who found Ariel bleeding at the top of the mountain to the doctors who treated her injuries. Ariel herself showed the jury.

Do you have any visible long term effects from the injuries from March 24, 2025?

[Narrator/Reporter]

Yes, I have scarring on my scalp and my face.

[Andrea Canning]

But last week the jury got to hear from Gerhard himself. And over five hours of dramatic testimony, he laid out a very different version of events, telling the jury that he was the victim.

[Interviewer]

Gerhardt, did you have a plan to kill your wife on the mountain that day?

[Gerhardt Koenig]

No.

[Interviewer]

When you hit her with the rock twice, why did you do it in self defense?

[Andrea Canning]

Here to fill us in and tell us about the final hours of this fascinating trial is Hawaii News now anchor and reporter Mahealani Richardson. Welcome back, Mahealani.

[Mahealani Richardson]

Aloha, Andrea.

[Andrea Canning]

The defense went back to the beginning of the couple's relationship. They asked Gerhardt, you know, how he met Ariel, why they moved to Maui.

[Mahealani Richardson]

Right. So Gerhardt met Ariel on the dating app eharmony. They married two years later. They were living on the continent then. They wanted to move to Maui. He said they wanted to be somewhere safe. He used the word safe. They wanted to slow down and look after their two young children. Emil, who is his son from a previous marriage, also moved in with them.

[Andrea Canning]

Here's Gerhardt talking about that on the stand.

[Gerhardt Koenig]

Once we were here and settled in, it was our dream life. I was spending a lot more time with the kids and with Aerie and with Emile. Every weekend we would explore Maui. We went to the beach almost every weekend. Snorkeling, surfing, paddle boarding, hiking.

[Andrea Canning]

So the way Gerhardt tells it, everything seemed great in this new life in Hawaii. But he finds out that Ariel is in this sort of emotional affair with a married co worker named Jeff Miller. And she's admitted to that, but she says it never got physical. Gerhardt told the jury how he found out about this, this relationship that was going on.

[Mahealani Richardson]

Well, her office, her home office was in their bedroom. And so Gerhardt said he them talking. He said they sounded very familiar with each other. And then one day she went on a work trip to South Africa and Jeff Miller was there. And Gerhard said she would normally call in and check in every single day, but that there was one day that she didn't check in. And that raised a red flag for him. He said that he really got suspicious when Ariel got home and she was

[Gerhardt Koenig]

constantly on her phone. She was just constantly on her phone.

[Interviewer]

Was that more so than usual?

[Gerhardt Koenig]

Yeah, much more than usual. And she would hide the screen from me when she kept doing it and she kept being defensive. I unlocked her phone while she was sleeping.

[Mahealani Richardson]

He actually logged onto her WhatsApp and discovered all of these messages that were

[Gerhardt Koenig]

all day long he'd be texting her good morning. But it wasn't just like a good morning text. It was like a whole like good morning. I had a great, you know, I slept great. I'm looking forward forward to the day. I hope you're sleeping great. She would respond. And then the whole day long until, you know, good night at the end of the day.

[Interviewer]

How did it make you feel?

[Gerhardt Koenig]

I was devastated.

[Andrea Canning]

According to both Gerhardt and Ariel, he confronted her about this relationship she was having.

[Gerhardt Koenig]

She basically said like, I'm so sorry, I can't believe I did this and I'll do anything it takes to heal our marriage.

[Andrea Canning]

Things clearly sounded tense in this marriage. What was going on the day of the hike?

[Mahealani Richardson]

Well, the both of them actually said that around her birthday, which was March 24, 2025, things seemed to be getting better. She had never been to Honolulu before. And so they planned this birthday hike at the Polipuka Trail. He said that they had done hikes before and so it wasn't anything unusual or sinister.

[Andrea Canning]

He says that the day starts out, they grabbed coffee before they set out on the hike and he got an important email.

[Mahealani Richardson]

That's right. He got a second part of his life insurance which had come through and this was worth $1.5 million. And he told Ariel about it.

[Gerhardt Koenig]

And I was like, oh, you know what? My, you know, the last of my life insurance just went through. They're asking me to docusign it. And so I was doing that. Just wanted to let her know that I'm not like just texting or something. Like we were out together.

[Interviewer]

And so from that point on, if something happened to you and in an accident or whatnot, she would get $1.5 million, correct?

[Gerhardt Koenig]

That's correct.

[Mahealani Richardson]

And in this bit of detail, the defense is trying to plant the seed here that Ariel might have had a reason to do harm to Gerhardt.

[Narrator/Reporter]

Wow.

[Andrea Canning]

So they start arguing on the trail. What are they arguing about? Are they going back again to the Jeff Miller?

[Mahealani Richardson]

Right. Ariel brought up again going on another work trip and Gerhardt was upset about it. He told her that she had to move out. And he said that he walked up the trail and then he turned around. Ariel apologized. They started to be nice to each other again. They were taking selfies. Then all of a sudden, he says that she tried to push him over that cliff.

[Gerhardt Koenig]

I felt like a shove and I was almost pushed over the edge.

[Andrea Canning]

Who shoved you?

[Gerhardt Koenig]

Henry did.

[Interviewer]

What did you do right after that?

[Gerhardt Koenig]

Barely caught myself and turned around and looked at her and was like, what the was that like?

[Interviewer]

Did you move towards her?

[Gerhardt Koenig]

Yeah, I did. I started walking towards her.

[Interviewer]

Is she saying anything?

[Gerhardt Koenig]

Not initially, But I turn around, and as I'm starting to walk towards her, she starts yelling.

[Interviewer]

She starts yelling, yeah, help me, Help me. What happens then?

[Gerhardt Koenig]

She kind of grabs my wrists and throws herself on the ground and pulls me down with her.

[Andrea Canning]

Then the defense asked Gerhardt to go into some pretty graphic details about this situation.

[Interviewer]

She grabbed your testicles, is that right?

[Gerhardt Koenig]

Yes.

[Interviewer]

And you said then you felt you got hit with.

[Andrea Canning]

With the rock?

[Gerhardt Koenig]

Yes.

[Interviewer]

Where'd you get hit?

[Gerhardt Koenig]

On the side. On the left side of my face.

[Interviewer]

And then what happens?

[Gerhardt Koenig]

And I finally get the rock.

[Interviewer]

What'd you do?

[Gerhardt Koenig]

I hit her with the rock.

[Interviewer]

Gerhard, did you have any syringes on the mountain that day?

[Gerhardt Koenig]

No.

[Interviewer]

Did you try to poke her or stab her with any syringes?

[Gerhardt Koenig]

No.

[Mahealani Richardson]

Gerhard said that he never intended to hurt his wife. He said that he felt horrible about those injuries that she sustained. And he insisted that it was out of self defense.

[Andrea Canning]

One of the things, Mihailani, that is a really big deal in all of this is Gerhardt's son, who you mentioned, he talked about on the stand, the emotional FaceTime calls he received from his dad after the incident. He says that his dad said that he was suicidal and that he admitted he tried to kill Ariel. That's really strong testimony coming from your own son. How did the defense handle that element of all of this?

[Mahealani Richardson]

Well, the defense was very careful. One of the most emotional parts of this whole trial is this son, Emile Gerhardt's son. He's now 20 years old. He was 19 at the time of the incident. And Gerhardt got emotional on the stand. Again, when he talked about reaching out to his son, he acknowledged that he was in severe emotional distress and that he contemplated jumping over that cliff.

[Interviewer]

How do you feel about the fact that you put him in that position and made that call to him?

[Gerhardt Koenig]

So many feelings because. He saved my life that day.

[Interviewer]

Convinced you not to jump.

[Gerhardt Koenig]

He saved my life that day, but I put him in this position where he is now, where he thinks I tried to kill her.

[Andrea Canning]

Then it was the prosecution's chance to cross examine Gerhardt. He really pressed him on a lot of things.

[Mahealani Richardson]

He certainly did. The prosecutor did get Gerhard to concede that there was nothing sexual in the messages between Ariel and Jeff Miller. He also got Gerhard to admit calling Ariel names when he confronted her about the affair.

[Andrea Canning]

And in this confrontation, you called Ariel a lying bitch, right?

[Gerhardt Koenig]

I did call her that at some point. Not in the beginning of the disclosure.

[Andrea Canning]

You called her a whore, right?

[Gerhardt Koenig]

I did call her a whore at some point.

[Mahealani Richardson]

Gerhard, for his part, said that he was upset about this relationship, but he repeatedly said he was not mad.

[Andrea Canning]

How did the prosecution challenge Gerhardt's account of what he said happened on the hike?

[Mahealani Richardson]

The last visual thing that the jurors saw were the side by side graphic images of Ariel and Gerhardt. On the right was Gerhardt's photo and he had some scratches on the side of his face. On the left side, they played several images of Ariel's bloody head, her bloody face. She had large bruises around her eye. It was very stark to see the difference between Ariel and Gerhard in terms of injuries after that alleged attack. And the prosecution clearly is letting those images speak for themselves.

[Andrea Canning]

Okay. Well, after about a month of this trial, the closing arguments are finished. So the jury has started deliberating and

[Mahealani Richardson]

we can expect a verdict anytime now.

[Andrea Canning]

We will keep an eye out for that. Thank you so much for these updates. Mihayalani.

[Mahealani Richardson]

Andrea, good to see you. Mahalo, Nui. Thank you.

[Andrea Canning]

After we taped this conversation, on Tuesday afternoon, the jury reached a verdict. Let's listen to some of that.

[Narrator/Reporter]

We, the jury in this case finds the defendant guilty of attempted manslaughter based upon extreme mental or emotional disturbance. Dated 4826 by the foreperson, Dr. Gerhard

[Andrea Canning]

Koenig was found guilty of attempted manslaughter. We will catch you up on next week's episode. Up next, it's time for Dateline Roundup. We've got updates in the case of Sandra Birchmore and courtroom drama in the case of murdered Microsoft designer and dad, Jared Breidegan. Plus, they are the two words that can make or break a verdict. Reasonable doubt. What you need to know before heading off for jury duty.

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[Andrea Canning]

Just a bite.

[Mahealani Richardson]

Bite it.

[Gerhardt Koenig]

Bite it.

[Mahealani Richardson]

Bite it.

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[Andrea Canning]

Welcome back. Joining me for this week's roundup is DATELINE producer Mike Nardi. Thanks for being here, Mike.

[Mike Nardi]

Hi, Andrea. Thanks for having me.

[Andrea Canning]

Mike. Up first, thanks to a Massachusetts court filing, we got our first glimpse this week of DNA evidence prosecutors hope to use in the case against Matthew Farwell. You may remember he is the former Stoughton police officer accused of killing 23 year old teacher's aide Sandra Birchmore. He has pleaded not guilty. Mike, this is a case I've been covering from the beginning. Give us some of the details of this one.

[Mike Nardi]

So back in 2021, Sandra Birchmore was found dead in her Canton, Massachusetts apartment. She was pregnant at the time. Her death was initially ruled a suicide by the state medical examiner. But years later, after a federal investigation, prosecutors charged Matthew Farwell with her murder.

[Andrea Canning]

And the alleged motive is really interesting, Mike. Matthew Farwell first met Sandra when she was a preteen and he was an instructor with the Stoughton Police Department's Explorer program. Prosecutors allege Farwell groomed and sexually exploited Sandra when she was still underage. They say that part of his motive for killing her was because he was worried Sandra was about to disclose that alleged exploitation to authorities. Prosecutors say Farwell, a married man, continued to have sex with Sandra as an adult and panicked when she got pregnant. He wanted to cover his tracks and that was another reason, according to prosecutors, he may have had a reason to want her dead. So that's what we know so far about the prosecution's case. Mike, what did we learn this week?

[Mike Nardi]

Well, at the end of March, Farwell's attorney filed a motion asking for him to be released ahead of his October trial. Farwell's defense team pushed back hard on the prosecution's case, saying that recent testing revealed Farwell wasn't the father of her baby, undercutting the alleged motive. In response, prosecutors filed a motion to keep him behind bars and to make their case, they included information about this alleged DNA evidence we didn't know about before.

[Andrea Canning]

Talk about this DNA evidence. According to prosecutors, Farwell's DNA was found on a strap they say he used to suffocate Sandra. What they're calling the murder weapon in this case.

[Mike Nardi]

That's right.

[Andrea Canning]

So in their court filing, prosecutors also mention new witnesses. Mike, do we know who these witnesses are?

[Mike Nardi]

We don't know their names, but we do know some are Stoughton police employees. According to the filing, Farwell allegedly told one of these witnesses that a problem involving a relationship with a woman other than his wife was going to take care of itself. Another witness claims Farwell demonstrated the position that Sandra's body was found in, even though that information was not made public at the time.

[Andrea Canning]

Really big developments in this case.

[Mike Nardi]

Right? Right. And the state made it very clear this week their stance is that the evidence they've gathered connecting him to Sandra's murder has only gotten stronger since he was first charged.

[Andrea Canning]

Matthew Farwell has denied any involvement in Birchmore's death, and he also denies having a sexual relationship with her when she was a minor. So we'll wait and see what the jud decides about his request to get out of jail. Next up, we're off to Jacksonville, Florida, where tensions were running high at a recent pre trial hearing for Shanna Gardner and her husband, Mario Fernandez Saldana. The couple is accused of hiring a gunman to murder Shanna's ex husband, Microsoft employee Jared Brideigan, back in 2022. They have pleaded not guilty. Mike, first remind us about this case.

[Mike Nardi]

Sure. So on February 16, 2022, Jared Bredigan had just taken his kids out to dinner after dropping the twins off at Gardner's house. Jared was driving home with one of his daughters when he came across a tire blocking the road. He got out of his car to move the tire and was gunned down in the street.

[Andrea Canning]

So investigators zeroed in on a man named Henry Tenen as the alleged gunman. He originally pleaded guilty to second degree murder and told investigators he was hired by his landlord, Mario Fernand. Shanna Gardner's new husband.

[Mike Nardi]

That's right. And as part of his plea deal, Tennant agreed to testify against both Gardner and Fernandez, but just recently, Tennant withdrew his guilty plea and will no longer testify for the state in their cases against Gardner and Fernandez.

[Andrea Canning]

Wow, this really shakes up the state's case.

[Drew Rolle]

It does.

[Mike Nardi]

And we got a window into the problems this is causing for attorneys. Last week at a pretrial hearing, prosecutors told the judge they now wanted to try the couple separately in two different trials. And that was news to the judge, who seemed a little frustrated.

[Judge]

Okay, when was somebody going to let me know?

[Mike Nardi]

The prosecution suggested a new approach to jury selection, picking two juries from one jury pool, then trying Fernandez first, followed by Gardner. And the judge seemed confused by that, too, and told the prosecution to go away and file a motion.

[Andrea Canning]

A lot is up in the air for this case. We'll keep an eye on that. Mike, thank you so much for bringing us all these stories.

[Mike Nardi]

Thanks for having me.

[Andrea Canning]

For our final story this week, we're taking a closer look at a phrase you hear in just about every trial we cover here at Dateline. Reasonable doubt. You might remember Johnnie Cochran saying it

[Gerhardt Koenig]

at the OJ Trial, the prosecution has

[Casual Conversation Speaker]

the burden of proving beyond a reasonable doubt.

[Andrea Canning]

Or defense attorney Alan Jackson at Karen Reed's recent retrial. How much more reasonable doubt could there be? Most defense attorneys tell the jury that prosecutors have failed to prove their cases beyond a reasonable doubt. But what does the phrase actually mean? And how is a juror supposed to know what counts as reasonable doubt and what doesn't? Here to break it down for us is former federal prosecutor and veteran trial lawyer Drew Rolle. Welcome to the show, Drew.

[Drew Rolle]

Thanks so much, Andrea. Good to be here.

[Andrea Canning]

Yeah. I really am fascinated by this segment. So, Drew, you know, I'm always thinking about the trials I've sat through, and I remember listening to defense attorneys hammer home the phrase beyond a reasonable doubt in their closing arguments.

[Drew Rolle]

Absolutely. And I think there's. For me, as a prosecutor, I think every closing I sat through, and when you hear the jury instructions around the standard of reasonable doubt, every time I heard it, I often thought, man, how are we going to meet this? Have we done it?

[Andrea Canning]

Okay, so let's drill down on reasonable doubt. I think we all feel like we know what it means, but tell us, what does it mean in a courtroom?

[Drew Rolle]

Certainly. So, you know, reasonable doubt is the highest burden of proof we have in our criminal justice system in the United States. It acts as a constitutional safeguard designed to protect the innocent from being wrongfully convicted. Really, at bottom. And in practice, the standard requires the people, the prosecution to prove guilt. So clearly that a reasonable person would feel firmly convinced that they are guilty. Not probably guilty, not possibly guilty or maybe, but really firmly and truly convinced of that guilt, guilt before they were able to find someone guilty. At the end of the day, give

[Andrea Canning]

us an example of what reasonable doubt might look like in everyday life.

[Drew Rolle]

You know, it's a great question, I think, a common sense approach to thinking about it, with the caveat that judges may view it and define it differently. I think of it in terms of a major decision in your life, something consequential. Think of like purchasing a used car, for example. You'll hear the salesperson's pitch. They'll describe the car's history, tell you it's never been in an accident, and you'll hear all of this.

[Mike Nardi]

That.

[Drew Rolle]

Right. But if there's unanswered questions for you at the end of that, you know, questions that would make a reasonable person stop and say, you know what? I'm not comfortable going forward with this. Right. I have some hesitation. I've heard everything, but I have some hesitation about it. That hesitation, that's reasonable doubt. A doubt based on reason from the evidence, from the pitch you've heard, or the lack of evidence.

[Andrea Canning]

Yeah. And it's interesting because. And sometimes juries, they might not believe the defendant, you know, but they feel like the government has not met that burden of proof. And I've interviewed jurors where it's like, raise your hand if you believe the defendant's story, and no one raises their hands. But they couldn't convict.

[Drew Rolle]

Absolutely. And that's sort of a very powerful aspect of our criminal justice system. And I've sat through many trials, and I think they're all unique in what ends up being sort of a critical factor for the jury.

[Andrea Canning]

I mean, we talked about Alan Jackson and the Karen Reed trial at the top, and I feel like that's such a good example of reasonable doubt, you know, because of the allegations of mistakes by law enforcement.

[Drew Rolle]

It's exactly the right strategy. In certain cases, it becomes less about what the evidence is and how it was, how it was gapped. Right. I mean, Johnnie Cochran's Strategy and the O.J. simpson trial menu. As a young boy, sort of one of the first trials I'd ever witnessed was if you can't trust the messenger, if you can't trust the messenger, can you trust the message?

[Andrea Canning]

I had a case a few years ago where it was the defense's turn, and they asked the judge to dismiss the case. And he did. He said, you know, What I've seen from the prosecution does not meet this burden of proof. And so it was really fascinating. Like, everyone, you know, jaws dropped. Like, wait, what?

[Drew Rolle]

Absolutely. And this again, will depend on the state or the court hearing the case. But federally, for example, we have procedural mechanisms where even if a jury comes back and finds guilt beyond a reasonable doubt, a judge who sat through the trial and heard all the same evidence has the power to find that actually no reasonable juror based on this record could have found the defendant guilty.

[Andrea Canning]

Yeah, it happened in the Jam Master J murder case. This is a 2002 killing of the Run DMC DJ that went unsolved for decades until charges were finally brought in 2020. A jury eventually convicted two men in 2024, but when it came to one of those defendants, Carl Jordan Jr. A judge later stepped in and overturned the conviction.

[Drew Rolle]

Full disclosure, that that's a case that my former officer worked on that I wasn't involved in. But I think it's another example, right, of. Of where a judge who sees the evidence, you know, just as the jury has, but has the expertise and does not see that the evidence met, you know, a particular element that's necessary.

[Andrea Canning]

One line for anyone who becomes a juror and hears that phrase, reasonable doubt, what's your advice?

[Drew Rolle]

It really would be to remember that the job isn't to sort of solve the case, but to decide whether the prosecution has proved it and convinced you and taken that hesitation away from you. And if they haven't, and if there's a lack of evidence that's important to you, you have to, according to quit

[Andrea Canning]

and listen to the judge and probably trust your gut. Can you sleep at night if you put this person away?

[Drew Rolle]

So the lawyer and me, both sides would say, the judge would say, don't think about the punishment aspect of it, although that's human too. But I do think trust your gut, having listened to the evidence and use your common sense is really the lodestar for any juror. You have lived life experience that's given you common sense, and you can identify when you have that hesitation about something. And so you should listen to.

[Andrea Canning]

Yeah, I love that. Thank you so much, Drew, for breaking this down for us. Fascinating conversation.

[Drew Rolle]

Thanks for having me.

[Andrea Canning]

That's it for this episode of Dateline True Crime Weekly. To get ad free listening for all our podcasts, subscribe to Dateline Premium. Dateline's Missing in America podcast has been nominated for a Webby Award in the crime and justice podcast category. We can't win without you, so please go online and vote for Dateline. The deadline is Thursday, April 16th. We've included the voting link in our episode description. Coming up this Friday, I have a brand new episode I think you'll find fascinating. I traveled all the way to Taiwan to retrace the steps of Alice Koo, the missing woman at the center of this case. It is a story about sisters, secrets and a quest for justice. I came away thinking he reminded me of Hannibal Lecter. Really? From Silence of the Lambs.

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See, there was a creepiness to him that was unavoidable.

[Andrea Canning]

You can watch the Gorge this Friday at 9, 8 Central on NBC or you can stream it starting Saturday on Peacock. I hope you'll join us. Thanks for listening. Dateline True Crime Weekly is produced by Carson Cummins, Caroline Casey and Keani Reed. Our associate producers are Ellery Gladstone Groth and Aria Young. Our senior producer is Liz Brown. Curl production and fact checking help by Audrey Abrahams. Veronica Mazeka is our digital producer. Rick Kwan is our sound designer. Original Music by Jesse McGinty. Paul Ryan is executive producer and Liz Kuhl is senior executive producer of dateline.

[Narrator/Reporter]

That's it for us.

[Adam Reese]

Bye, everyone.

[Craig Melvin]

I'm Craig Melvin. Cheers.

[Andrea Canning]

Cheers.

[Drew Rolle]

Cheers.

[Craig Melvin]

I've always been a glass half full kind of guy, and now I'm talking to some people, people who look at the world that way, too. Some really fascinating folks who share their defining moments, their triumphs, their challenges. Their stories are funny and quite candid. So I hope you'll join me each week. And who knows, you might just come away with your own glass Half Full.

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Search Glass Half Full with Craig Melton From Today on YouTube and wherever you get your podcasts.