Housekeeper testifies at Utah mom murder trial. Sister seeks answers in shootout. Plus, photo lineups.

Summary

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Dateline: True Crime Weekly

Episode Summary ― March 5, 2026

Main Theme:
This episode covers major developments in three high-profile crime cases: the Utah mom murder trial of Kouri Richins (with key testimony from her housekeeper), a sister’s fight for justice after a controversial fatal shooting in South Carolina, and new insights into the use and reliability of police photo lineups. Plus, updates from other notable trials across the country.

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1. Kouri Richins Utah Murder Trial: Housekeeper Testifies

[Start: 01:20]

Background

• Kouri Richins, a Utah mother and author, is on trial for allegedly poisoning her husband, Eric, with fentanyl in 2022.
• Motive alleged: to cash in on life insurance and start a new life with her lover.
• Richins has pleaded not guilty.

Key Testimony: Carmen Lauber (Housekeeper)

• Connection: Former housekeeper, admitted past drug abuse, testifying under immunity.
• Her Role: Allegedly purchased fentanyl (at Kouri’s request) used in Eric's fatal overdose.
• Impression: "She stayed pretty calm and seemed confident. But she was also emotional...and clearly seemed disturbed by the possibility that she may have played a role in Eric's death." — Karen Israel, Dateline Producer [04:21]
• Notable Quote:

  “I needed to step up and take accountability of my part in this.” — Carmen Lauber [04:53]

Fentanyl Procurement Details

• Kouri requested pain meds “for an investor”; then requested “something stronger.”
• Lauber then sourced fentanyl pills via a contact named Robert Crozier:

  “I had text Corey back and told her that I had a friend that could get them, but they were fentanyl pills.” — Carmen Lauber [06:26]

• Pills were delivered directly or hidden at properties:

  “So I went to the fire pit and kind of dug a little hole and put the gravel back on top of it, and then kind of turned a brick to the side to kind of cover it up.” — Carmen Lauber [06:59]

Defense Strategy

• Attacked memory (due to Lauber’s drug use) and credibility (immunity deal).
• Pressed Lauber on inconsistencies and whether detectives introduced the idea of “fentanyl”:

  “The only person up to this point who has put the word fentanyl in your head. Are these detectives, correct?” — Jennifer Foley, defense [08:54]

• Lauber maintained:

  “I'm willing to go forward with the truth, yes.” — Carmen Lauber [09:31]

Additional Witnesses

• Robert Crozier: Initially corroborated Lauber’s claims in an affidavit, later recanted, introducing doubt, but prosecution argued users/dealers may be unaware of all substances.
• Marital and Financial Context: Testimony highlighted a troubled marriage and significant financial distress for Kouri before Eric’s death.

[Key Segment Timestamps]

• Lauber testimony: [03:35 – 09:33]
• Crozier and contextual witnesses: [09:44 – 11:05]

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2. Sister Seeks Justice in South Carolina Roadside Shooting

[Start: 13:24]

Overview

• Victim: Scott Spivey, killed in September 2023.
• Shooters: Weldon Boyd & Kenneth Bradley Williams claimed self-defense; protected under Stand Your Ground law, never criminally charged.
• Sister’s Quest: Jennifer Foley, Spivey’s sister, launched a civil wrongful death lawsuit, uncovering new evidence.

Sequence of Events

• Spivey was reported driving erratically and waving a gun; multiple 911 calls made.
• Weldon Boyd’s 911 call, kept on speaker:

  “If this guy does not slow down and stop that he would put him down.” — Recap of Boyd's 911 call [16:12] “Listen, this dude shoots at me, we're going to put him down.” — Boyd [16:12]

• At encounter: Spivey, out of his truck, was shot in the back while turning away, after allegedly firing a shot into the ground.

Evidence Unearthed

• Boyd’s Phone Recordings: 90+ calls, including admissions after the shooting:

  “I had a blast.” / “I had a good time.” — Boyd, post-shooting calls [19:17]

• Police Misconduct Allegations: Calls with officers and a note ("act like a victim") led to resignations and firings.

Legal Developments

• Judge’s Finding:

  “It seems that driving over 100 miles an hour trying to keep up with the guy with a gun is foolish. I find that Mr. Boyd's request for immunity is denied.” — Judge (paraphrased) [22:14]

• Civil Suit Moves Forward: Boyd can now be sued; criminal charges still possible; Williams’ status pending.

• Jennifer Foley’s Reaction:

  “It's been a lot of no's in the last two and a half years and this is the first yes. This is just a start on the road to trying to get justice for him.” — Jennifer Foley [23:09]

[Key Segment Timestamps]

• Incident summary and evidence: [13:24 – 21:23]
• Judge’s decision and family response: [22:02 – 23:15]

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3. DATELINE Roundup: Updates on Major Trials

[Start: 24:53]

Rashawn Jones Mistrial (Miami, FL)

• Case: Former University of Miami football player Rashawn Jones, accused of murdering teammate Brian Pata in 2006.
• Trial Result: Hung jury, mistrial declared.
• Family Reaction:

  "Like, there are some things that I heard throughout this trial that I've never even heard, and that gave us more confidence that he's the guy, he's the actual killer." — Edwin Pata, Brian’s brother [26:29]

• Jury Breakdown: 5-1 to acquit; single holdout led to deadlock.
• Retrial: Scheduled for May 18.

Dale Warner Trial (Michigan)

• Allegation: Farmer Dale Warner accused of murdering wife Dee and concealing her body.
• Key Events: Jury visited farm; defense tried to cast suspicion on Dee’s brother over a text exchange.
• Status: Case ongoing.

Dan Serafini Sentencing (California)

• Conviction: Ex-baseball pitcher Dan Serafini found guilty of murdering father-in-law, attempted murder of mother-in-law over inheritance motivations.
• Sentence: Life without parole.
• Victim Impact:

  “He is a monster that knows no moral boundaries...I am no murderer.” — Victim’s daughter and Serafini himself [29:40], [29:57]

• Judge’s Rebuke:

  "What I heard from you was all about you and not enough about the victims that died in this case." — Judge [30:10]

[Key Segment Timestamps]

• Miami: [25:00 – 27:19]
• Michigan: [27:52 – 28:38]
• California: [29:02 – 30:15]

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4. How Photo Lineups Work: Law Enforcement Insights

[Start: 31:33]

Guest: Ken Wallentine

• Retired police chief, 40+ years experience, discusses the use and pitfalls of photo lineups in criminal investigations.

Best Practices

• Minimum of six photos: one suspect, at least five fillers.
• Fillers should resemble witness description, not the suspect.
• Key Instructions for Witness:
  • “The perpetrator may or may not be present.”
  • Do not look for cues from administrators.
• Blind Administration:

  “The best practice today...is a blind administration where the photo ID Lineup administrator doesn’t know the suspect’s identity.” — Ken Wallentine [31:43]

Evolution of Process

• Transitioned from live to photo lineups in late 20th century.
• Scientific understanding of memory and suggestibility has transformed protocols:

  “In the 80s and 90s, we move from assuming memory works like a video recording to understanding that it’s reconstructive and vulnerable to suggestions.” — Ken Wallentine [33:04]

Reliability & Impact

• Photo lineups mostly used in serious felonies, not minor crimes.
• Wrongful Convictions:

  “Mistaken eyewitness identifications have played a role in 75% of wrongful convictions.” — Lester Holt [34:45]

• Risk factors: Pressure to choose, bad instructions, overconfidence in memory.
• Importance of corroborating eyewitness IDs with additional evidence.

Notable Quotes

• “Eyewitness testimony can be powerful. It can also be vulnerable...simply another brick in the wall.” — Ken Wallentine [35:45]

[Key Segment Timestamp]

• Entire discussion: [31:33 – 36:17]

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5. Why This Episode Matters

• Showcases the impact of credible witness testimony, not just on trials, but also in securing or denying justice for victims.
• Reveals the complexity of “stand your ground” laws and the role of family advocacy in reopening cases.
• Illuminates the perils and psychology of eyewitness identification, and how best practices are still evolving in American justice.

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Memorable Moments and Quotes

• On confronting responsibility:

  “I needed to step up and take accountability of my part in this.” — Carmen Lauber [04:53]

• Family fuel for justice:

  "It's been a lot of no's in the last two and a half years and this is the first yes." — Jennifer Foley [23:09]

• On misguided confidence in IDs:

  "We all inflate our confidence in our memories...That’s a dangerous combination." — Ken Wallentine [35:02]

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Episode Navigation

• [01:20] Utah mom murder trial
• [13:24] South Carolina shooting & aftermath
• [24:53] Case roundup: Miami, Michigan, California
• [31:33] Photo lineups: science, best practices, cautionary tales

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Dateline True Crime Weekly remains a reliable deep dive for true crime enthusiasts, marrying court reporting, behind-the-scenes insights, and critical analysis of investigative techniques.

Transcript

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[Lester Holt]

Let's go ahead and jump in. You're listening to the DATELINE story meeting. What was she charged with? Our producers are catching up on breaking crime news.

[Karen Israel]

She was like filing reports and reports and reports.

[Alex Lowray]

The whole backdrop for the fire department's kind of interesting.

[Jennifer Foley]

She's starting to believe in her father's guilt.

[Lester Holt]

Welcome to DATELINE True Crime Weekly. I'm Lester Holt. It's March 5th, and here's what's on our docket. In South Carolina, two and a half years after a man was shot dead on a country road, a judge listens to witness testimony, body cam video and 911 calls to figure out what happened. Hey, I've got a guy pointing a gun at me driving. In DATELINE roundup, closing arguments are set to begin at the murder trial of Michigan farmer Dale Warner. And in Miami, the the trial of the former college football player accused of gunning down his teammate 20 years ago comes to a surprising end.

[Alex Lowray]

The Pata family, they've been very emotional throughout the proceedings. They seemed like they were in disbelief.

[Lester Holt]

Plus, it's a tool we see investigators use a lot to zero in on a suspect. Photo lineups. A retired police chief tells us how it's done.

[Ken Wallentine]

Even subtle cues, you know, breathing, posture, tone of voice can influence the witness's choice.

[Lester Holt]

Before all that, we're heading back to Utah, where Corey Richards, the mom of three accused of fatally poisoning her husband, came face to face with the prosecution star witness, her former housekeeper. It's week two at the murder trial of Corey Richins, the woman who wrote a children's book about grief after her Husband Eric's mysterious death, only to be charged with his murder. Prosecutors say Kouri poisoned Eric in March 2022 so that she could cash in on his life insurance and start life over with her lover. She says that's not true and has pleaded not guilty. So far in the trial, we've heard from Eric's family members about the couple's relationship and the devastating impact of his death.

[Alex Lowray]

Eric was one of the most likable people. I'm sorry, guys.

[Jennifer Foley]

This was the worst day of my life.

[Alex Lowray]

I'm sorry.

[Lester Holt]

Now prosecutors are telling the jury how they think Corey went about poisoning him. Calling to the stand Cory's 54 year old former housekeeper, Carmen Lauber, the person they say purchased the fentanyl that killed Eric. Here to bring us the latest is DATELINE producer Karen Israel. Thanks for coming back on the podcast, Karen.

[Karen Israel]

Thanks for having me.

[Lester Holt]

So let's get straight to this important testimony. Remind us why Carmen Lauber is such a key prosecution witness.

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Sure.

[Karen Israel]

So Eric's cause of death, according to the medical examiner, was a fentanyl overdose. The defense doesn't dispute that Eric died from a fentanyl overdose. They argue that Eric could have gotten it himself or accidentally ingested it. So the prosecutors need to be able to make the connection between Corey and the fentanyl. Carmen does that for them.

[Lester Holt]

And it was a big moment when Carmen took the stand. What was your impression of her? Did she seem nervous? Did she look at Eric's family? Because she's basically testifying about procuring an illegal drug that may have resulted in his death.

[Karen Israel]

She stayed pretty calm and seemed confident. But she was also emotional at several points and clearly seemed disturbed by the possibility that she may have played a role in Eric's death. By purchasing the fentanyl, the investigators told

[Lester Holt]

you that Eric had died?

[Carmen Lauber]

I already knew Eric had passed away. But when they told, when they had mentioned that it was from an overdose, that hit hard only for the fact

[Carol Gable]

that

[Carmen Lauber]

that's what happened. I needed to step up and take accountability of my part in this. That happened.

[Lester Holt]

The prosecutor revealed right out of the gate that Carmen was testifying subject to an immunity agreement. Why do you think he did that?

[Karen Israel]

This was a way to deal head on with the defense, saying that Carmen's testimony might be less credible because she was working with prosecutors. The prosecutor made it clear Carmen had to testify truthfully to meet the terms of that agreement.

[Lester Holt]

So what did you learn about who Carmen was when this all happened?

[Karen Israel]

So Carmen told the jury about her long history of substance abuse on Top of a criminal drug history. She testified that she's sober now and has been for some time. Corey Richen's aunt runs a housekeeping business, and Carmen used to work for her. She cleaned Corey's house about every other week for years. And she said she discussed her drug use with Corey. Then she said in early 2022, the nature of their conversations changed.

[Carmen Lauber]

She reached out and asked if I could do her a favor. And I said, yeah, probably. What is it? And then she had called me and asked me if I could reach out to somebody for some pay meds for an investor that she knew. And I told her I could see what I could do.

[Karen Israel]

Carmen said she bought some opiates from a friend, but then Corey asked her for something stronger.

[Lester Holt]

What then did you do?

[Carmen Lauber]

I had text Corey back and told her that I had a friend that could get them, but they were fentanyl pills.

[Lester Holt]

How did Corey Richards respond?

[Carmen Lauber]

She said, okay, go ahead and get them.

[Karen Israel]

She said she bought pills from a friend of a friend named Robert Crozier, who was a drug dealer.

[Lester Holt]

And Carmen testified that she got those pills to Corey a number of different ways. One time, she handed her a bag of pills in person. Another time, she hid them at a property Corey was flipping. Did she tell you what she wanted

[Ken Wallentine]

you to do with those pills?

[Carmen Lauber]

She responded back with, take them over to the midway house, put them in a shed. I didn't feel comfortable leaving them in the shed out in the open, So I went to the fire pit and kind of dug a little hole and put the gravel back on top of it, and then kind of turned a brick to the side to kind of COVID it up.

[Lester Holt]

And then what do we know about the dates of these drug purchases? For context, Eric Richins was found dead almost four years ago, exactly on March 4, 2022.

[Karen Israel]

Carmen couldn't give exact dates for any of the purchases, but the prosecutor showed the jury a Facebook message Carmen sent to the person she said connected her to Robert Crozier, the drug dealer. The that was in February of 2022. And she testified about buying drugs for Corey a few days after Eric's death. So the drug buys are roughly the month around his death.

[Lester Holt]

All right, then it was time for the defense. How did they attack Carmen's credibility as a witness?

[Karen Israel]

They kind of had a two pronged approach. They went after her memory and her relationship with prosecutors. They said she'd regularly been using drugs at that time when she made these alleged purchases, so her memory couldn't be trusted. In fact, they pointed out that she told investigators herself when she was first talking to them that she couldn't remember stuff.

[Jennifer Foley]

They're trying to help you pin down a date, but you just. You say, I really. You told them multiple times. I really don't know. There was snow on the ground.

[Carmen Lauber]

Really wasn't absolutely correct on the dates.

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[Lester Holt]

The defense read snippets of Carmen's various interview transcripts to the jury and pointed out that there were some inconsistencies between her testimony and what she initially told investigators.

[Karen Israel]

That's right. Perhaps the biggest difference being that Carmen initially denied buying fentanyl for Corey. The defense suggested that the detectives were the ones to plant this idea that Carmen had bought fentanyl for Corey.

[Jennifer Foley]

The only person up to this point who has put the word fentanyl in your head. Are these detectives correct? Ms. Lauber, you're on the stand at that point. They are the ones that told you it was fentanyl.

[Carmen Lauber]

They're the ones that told me that Eric passed away from fentanyl.

[Jennifer Foley]

They're the ones that put the word fentanyl in your head.

[Carmen Lauber]

They're the ones that told me that that's where Eric passed away from. Okay.

[Karen Israel]

The defense also challenged Carmen on her immunity agreement.

[Jennifer Foley]

And you are willing to do whatever it takes to save yourself from getting kicked out of drug court and going to prison, correct?

[Carmen Lauber]

I'm willing to go forward with the truth, yes.

[Lester Holt]

One of the next witnesses the prosecution called was Robert Crozier, the man she says she purchased the fentanyl for. Corey, give us the rundown of his testimony.

[Karen Israel]

Something important to know about Crozier is that when he first spoke to investigators years ago, he corroborated Carmen's story that he sold her fentanyl and signed an affidavit. But he has since recanted and said he didn't start selling fentanyl until late 2020, two months after the alleged drug purchases.

[Lester Holt]

I'm curious how the prosecution handled that.

[Karen Israel]

They told the jury about his signed affidavit, and they said even if he didn't know he was selling fentanyl, other drugs can be laced with fentanyl without the user or dealer's knowledge.

[Lester Holt]

How was the. How were the pills that you sold? The common lava package? It was in a bag. And you got that bag from your plug, right?

[Carol Gable]

Correct.

[Lester Holt]

You did not get that bag from a pharmacy, correct?

[Ken Wallentine]

No.

[Lester Holt]

Thank you. Did any other witnesses get your attention?

[Karen Israel]

This week, we heard more about the state of Eric and Corey's marriage from the wife of Eric's former business partner Alison Wright. She said that years before Eric's death in 2019, Corey told her they were having trouble and she felt trapped because of their prenuptial agreement. We've also heard from a forensic accountant who was describing how deeply in debt Corey was in the months leading up to Eric's death.

[Lester Holt]

All right, well, Karen, thanks for bringing us these updates. Great.

[Karen Israel]

Thanks, Lester.

[Lester Holt]

We have our own quick update for you about this trial. On Wednesday afternoon, after I tape my conversation with Karen, the prosecution called Robert Josh Grossman to the stand, the man prosecutors say was Corey Richin's lover at the time of Eric's murder and the man they say fueled her murder plot. We'll tell you all about his testimony next week. Coming up, after a man was shot dead on a country road, no criminal charges were filed. Now the man's sister is fighting to change that.

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[Lester Holt]

for our next story, we're headed to a stretch of country road In South Carolina. Two and a half years ago, a 33 year old man by the name of Scott Spivey was shot dead there.

[Jennifer Foley]

Oh my God.

[Carol Gable]

What happened? Ma', am, what happened?

[Lester Holt]

The men who shot him, Weldon Boyd and Kenneth Bradley Williams, told police they were acting in self defense and the state's top prosecutor believed them. They have never faced criminal charges. But Spivey's sister, Jennifer Foley, refused to let it go.

[Jennifer Foley]

All my family has ever asked for was a fair and honest investigation.

[Lester Holt]

And after filing a wrongful death suit, she uncovered phone calls. 911 calls and other MA she says proof Spivey was killed in cold blood and local police officers may have helped cover it up. At a recent four day hearing, a civil court judge got to take a look at all that material. DATELINE producer Carol Gable was there. Carol, good to have you. Thanks for being with us.

[Carol Gable]

Thanks, Lester. It's good to be here.

[Lester Holt]

So first off, tell us a little bit about the man, Scott Spivey, who was killed in all this.

[Carol Gable]

Well, he was 33 years old, an insurance adjuster, and apparently on September 9th he was at a local bar watching football and drinking for several hours before getting behind the wheel of his Chevy Silverado. And witnesses saw him drive very erratically down U.S. highway 9. Sometimes he would wave his gun out the window, sometimes according to some witnesses, at them, but most times just waving it in the air.

[Jennifer Foley]

I am on Highway Number 9. There is a guy that is waving a gun in front of he's all over the road and I have his license plate number.

[Carol Gable]

That's when he crossed paths with Weldon Boyd and his passenger Bradley Williams.

[Lester Holt]

Where were they coming from?

[Carol Gable]

Well, they had been running errands all day. They were going up Highway 9 as well.

[Lester Holt]

Okay, so walk us through how this escalates.

[Carol Gable]

The clearest sort of window into Weldon's thinking is the 911 call. Because he calls 911 and it leaves them on speakerphone the whole time this is happening.

[Lester Holt]

Hey, I've got a guy pointing a gun at me driving.

[Carol Gable]

And he's describing how Scott Spivey continues to weave in and out. And in fact, at one point, Scott Spivey drives Weldon Boyd off the road into the grass median. And he basically said several times on this 911 tape that if this guy does not slow down and stop that he would put him down.

[Lester Holt]

Listen, this dude shoots at me, we're going to put him down.

[Carol Gable]

Sort of like you Talk about putting a rabid dog down. According to some witnesses, Weldon Boyd was behind Scott Spivey, and both of them were driving at rates of speed, more than 100 miles an hour at times. Finally, they come to an intersection of Camp Swamp Road. So instead of moving forward to his destination, Weldon Boyd is still going after Scott Spivey.

[Lester Holt]

People were still calling 911, which is why we know what was happening. So Scott Spivey eventually comes to a stop at Camp Swamp Road in his black truck. Weldon Boyd and Bradley Williams are on a white truck behind him. Take us through what happens next.

[Carol Gable]

So by now, Scott Spivey has jumped out of his truck and he has a gun, by several reports, is down by his side, and he's yelling, stop following me.

[Lester Holt]

He told the guy, do not follow me anymore. The guy in the white truck had his gun drawn, pointed at him, and the guy in the black truck kind of like moved his pistol, and as

[Carol Gable]

he turns to go back to his truck, he shot in the back.

[Lester Holt]

So when the guy in the white truck just unloaded a complete magazine at the guy shot through his back window. And I think he might have hit him.

[Carol Gable]

Now, there is also testimony that Scott Spivey fired a round that went into the dirt, but he climbs back into the cab of his car and he's mortally wounded.

[Lester Holt]

So let me ask you about the attorney general who declined to prosecute the men, saying it was a clear cut example of self defense under the stand your ground law. Explain exactly what it allows you to do.

[Carol Gable]

What stand you'd ground in South Carolina is supposed to do is protect you and give you civil and criminal immunity if someone is attacking you or threatening you with deadly force in a place you have a right to be.

[Lester Holt]

Scott's family didn't accept the stand your ground explanation.

[Carol Gable]

They did not. And chief among those would be Scott's sister, Jennifer. Very, very close siblings, you know, peas in a pod. So she decides to file a wrongful death suit against these two guys. She finds buried within the discovery, more than 90 phone calls that Weldon Boyd had made.

[Lester Holt]

How is it that all these recordings exist?

[Carol Gable]

Well, Weldon Boyd had a girlfriend and she got pregnant and they broke up, so he started trying to get custody. So he flipped a switch on his phone that meant all of his phone calls were recorded all the time because he thought he might catch her in some incriminating statement or something that would help in his case.

[Lester Holt]

What did they reveal?

[Carol Gable]

Those phone calls after the shooting that kills Scott Spivey? He says Things like, to his mother, I had a blast. To someone else, I had a good time.

[Lester Holt]

So it didn't necessarily paint the picture of someone who was fearing for their life at that particular moment. Some of these calls that raised eyebrows were ones that Boyd exchanged with local police officers.

[Carol Gable]

Oh, yes, the first one, when he calls his friend on the force who's, you know, a high up person and says, I just shot somebody, I had to shoot them. And is told, look, I got the right people.

[Lester Holt]

I got the people coming that need to come.

[Carol Gable]

And then there's another moment in body camera tape when another officer walks up to Weldon with a piece of paper, a pad in his hand that says, act like a victim.

[Lester Holt]

After the calls became public, Boyd's friend on the police force resigned, although his attorney told us he denies any wrongdoing and had nothing to do with the investigation into the shooting. And the police officer who wrote the message act like a victim was fired. The way the shooting was investigated is now under review by a grand jury. And Carol, that's not all. This seemed to shake loose how prosecutors were thinking about the criminal side of things.

[Carol Gable]

After this happened, the Attorney General appointed a sort of special prosecutor to have another look at this case.

[Lester Holt]

So take us to the hearing that concluded just a few days ago. What was it about?

[Carol Gable]

It was significant because Jennifer's quest to sue Weldon Boyd and Bradley Williams in civil court for wrongful death depended on the two of them being stripped of their stand your ground privilege. So this was a four day hearing geared to a party of one because the judge was the one who had to make that decision.

[Lester Holt]

This was the first time we heard Weldon Boyd tell his story under oath. Let's take a listen to some of it.

[Ken Wallentine]

Did you intend to hurt that man?

[Karen Israel]

No.

[Carol Gable]

Would you have fired at him had he not fired you?

[Lester Holt]

No, I gave him every chance.

[Ken Wallentine]

I

[Lester Holt]

mean, he just got back in the truck.

[Carol Gable]

Weldon started his testimony sobbing and extraordinarily upset, but then he just stuck by a story that he didn't have a choice but to shoot Scott Spivey.

[Lester Holt]

So what did the judge decide?

[Carol Gable]

He said he was basically stunned and shocked at Weldon Boyd's behavior, that it didn't seem like stand your ground at all.

[Lester Holt]

It's not credible. It seems that driving over 100 miles

[Ken Wallentine]

an hour trying to keep up with the guy with a gun is foolish.

[Lester Holt]

I find that Mr. Boyd's request for immunity is denied.

[Carol Gable]

The net was. Weldon Boyd can be sued civilly. And there's a possibility the AG's special prosecutor may in fact get charges levied against him criminally.

[Lester Holt]

So what did the judge decide about the other person who was in that vehicle, Mr. Williams?

[Carol Gable]

Well, the judge wanted to take a little more time to make that decision. And he has asked both sides, the defense and the plaintiffs to submit briefs for him to look at. And I believe there's going to be due in the next week or so and then he will come back and make that decision.

[Lester Holt]

After the judge gave his ruling, Jennifer spoke outside court. Let's take a listen.

[Alex Lowray]

It's been a lot of no's in

[Lester Holt]

the last two and a half years

[Alex Lowray]

and this is the first. Yes. This is just a start on the road to trying to get justice for him.

[Lester Holt]

Okay. Fascinating case, Carol. It'll be interesting to see what happens. Coming up, it's time for DATELINE roundup. We'll bring you the latest from the murder trial of former college football player Rashawn Jones. And the one time MLB pitcher Dan Serafini, convicted of shooting his in laws, finally learns his fate. Plus the do's and don'ts of photo lineups. A retired police chief shares his tips. Bubba Wallace here with Tyler Reddick. You know what's more nerve wracking than waiting for qualifying results? Waiting for the green flag to drop. Instead of pacing, you rev up with Chumba Casino's weekly new releases.

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[Lester Holt]

Welcome back. Joining us for this week's roundup is DATELINE field producer Alex Lowray. Hi, Alex.

[Alex Lowray]

Hey, Lester.

[Lester Holt]

First, we are going to head back to Miami, Florida with the latest in the murder trial of Rashawn Jones, the University of Miami football player accused of killing his fellow teammate, Brian Pata. He's pleaded not guilty. And, Alex, you've been in Miami covering this one. And on Monday, there was huge news from inside the courtroom. Before we get to that, remind us where we left off in this case.

[Alex Lowray]

Yeah, sure. So we left off. Right. As closing arguments were getting underway, the prosecutors told the jury that Rashawn Jones killed Brian Pata out of envy and jealousy, they leaned hard on the videotape testimony of an eyewitness who identified Rashawn from a photo lineup as the person that he saw at the scene that night. As for the defense, they said there just wasn't any evidence connecting Rashawn to the crime. The eyewitness wasn't even 100% sure of his ID.

[Lester Holt]

Deliberations began last Thursday. On Monday, the jurors sent a note to the judge. What did they say?

[Alex Lowray]

Yeah, they said that they were deadlocked. The judge encouraged them to keep trying. But after another hour of deliberations, the jurors again said that they would not be able to render a verdict. And so the judge declared a mistrial.

[Karen Israel]

At this time, I will declare a

[Carol Gable]

mistrial in a hung jury.

[Lester Holt]

You were there in the courtroom for that moment. What was it like?

[Ken Wallentine]

Yeah.

[Alex Lowray]

So, you know, obviously, the Pata family, they've been there every single day. They seemed like they were in disbelief outside of the courthouse. After everything was over, Brian's brother Edwin spoke to the media, and he said that he's convinced now more than ever that Jones is guilty.

[Lester Holt]

Let's listen to Edwin's interview with our affiliate NBC 6 South Florida. Like, there are some things that I heard throughout this trial that I've never even heard, and that gave us more confidence that he's the guy, he's the actual killer. And we're confident with that, and we're

[Ken Wallentine]

going to stay with that.

[Lester Holt]

He knows that he did that. Alex, you were able to speak with one of the jurors afterwards. What insight did the juror give you into deliberations?

[Alex Lowray]

Many of the jurors had questions about the eyewitness. And for this juror, the motive didn't really make sense.

[Lester Holt]

Did this juror share the breakdown of how the jurors were divided?

[Alex Lowray]

They did. By the end of the day, first day of deliberations, which was last Thursday, it was five to one to acquit. They went away over the weekend and returned Monday. And the holdout juror wouldn't change their mind. And that's what led to the mistrial.

[Lester Holt]

And prosecutors announced Wednesday that they will retry the case against Rashawn Jones. His retrial is scheduled to begin May 18th. And of course, we'll be watching it closely. Next up, we're turning to a Michigan courthouse where a trial we've been watching closely is winding down. Dale Warner is charged with murdering his wife Dee in 2021 and concealing her body inside a fertilizer tank on his Lenaway county farm. He has pleaded not guilty. Alex, what's happening in court at this stage?

[Alex Lowray]

A lot. The prosecution and the defense both had big moments. The prosecution took the jurors on a site visit, so they didn't just hear about the Warner farm. They walked it, giving jurors a firsthand look at the property where Dee's body was found.

[Lester Holt]

And Alex, the prosecution rested on Tuesday, so the jury also got to hear from some defense witnesses. What were the highlights there?

[Alex Lowray]

The main witness the defense called was Dee's brother, Greg Hardy. The defense challenged Greg about a text that he'd sent. You indicated that you have potential liability if the prosecutor is not successful in getting a conviction against Mr. Warner.

[Karen Israel]

Correct?

[Ken Wallentine]

That's what the text says.

[Alex Lowray]

And you wrote that text, right?

[Ken Wallentine]

I did.

[Alex Lowray]

The defense was suggesting that this was suspicious behavior. And after that, the defense rested.

[Lester Holt]

We'll have an update next week. And finally, we're off to California, where former major league baseball pitcher Dan Serafini learned his fate this week. He was found guilty back in July for the murder of his father in law, Gary Spohr, and the attempted murder of his mother in law, Wendy Wood. Alex, first remind listeners about this case.

[Alex Lowray]

Sure. So prosecutors say back in 2021, Serafini ambushed his in laws at their Lake Tahoe home, shooting both of them. Prosecutors said Serafini plotted to kill his in laws over money so that he'd have access to a multi million dollar inheritance.

[Lester Holt]

Serafini made several attempts to win himself a new trial since he was convicted back in July.

[Alex Lowray]

That's right. All those attempts, however, were denied by a judge, and Serafini's sentencing moved forward last Friday.

[Ken Wallentine]

The court hereby sent you to life

[Lester Holt]

without the possibility of parole. Victim impact statements immediately followed. Adrian Spore, the victim's daughter, had this to say about Dan Serafini.

[Alex Lowray]

He is a monster that knows no moral boundaries and has zero reservations about taking lives to benefit himself. She even asked the judge to put Seraphini in solitary confinement because she's afraid he will conspire with fellow inmates to have her killed. Then Seraphina himself got to say a few words in this court.

[Ken Wallentine]

I was called parrot manipulative and a liar. I accept my failings, but I am no murderer.

[Alex Lowray]

The judge wasn't too keen on what Serafini had to say about himself.

[Ken Wallentine]

What I heard from you was all

[Lester Holt]

about you and not enough about the

[Ken Wallentine]

victims that died in this case.

[Lester Holt]

Some of the jurors who convicted Serafini returned to court for his sentencing. They talked to our affiliate KCRA outside the courthouse afterwards.

[Alex Lowray]

I think it's a moment for closure

[Lester Holt]

for all of us.

[Alex Lowray]

We really wanted to be here in

[Carol Gable]

support of the family.

[Alex Lowray]

It was a tragedy.

[Jennifer Foley]

And, you know, these are real people in real lives.

[Alex Lowray]

And just to hear the devastation caused by these murders, it's awful.

[Lester Holt]

Well, Alex, so much from jurors this week. Thanks for bringing us these updates.

[Alex Lowray]

Thanks for having me, Lester.

[Lester Holt]

For our final story this week, we're talking about something that got our attention while we've been covering the trial of Rashawn Jones over the past few weeks, photo lineups. As we just talked about in Roundup, the prosecution star witness was an eyewitness who picked Jones out of a photo lineup, but the defense had questions about his identification. It made us curious about how detectives conduct a photo lineup in the first place and the obstacles that exist to getting a solid id. My next guest, Ken Wallentine, is a retired chief of the West Jordan, Utah, Police Department with over four decades of experience in law enforcement. Welcome to the show, Ken. Great to have you with us.

[Ken Wallentine]

Thank you, Ken.

[Lester Holt]

We've all seen photo lineups done in movies, and we've heard about them on certainly on DATELINE episodes. But walk us through what the procedure is actually like in real life.

[Ken Wallentine]

You know, the first thing in a photo lineup is we want to start out right. Typically, you'll see a minimum of six photographs, sometimes a few more, I hope, never less. And typically that's one suspect, one person we believe might be the perpetrator, and at least five, what we call fillers. In other words, people who are similar in appearance not to the suspect, but similar in appearance to the description given by the witness. We want the witness to be told, you know, the perpetrator may or may not be present in the photo lineup. We assure the witness that the investigation will continue regardless of their identification or inability to make an identification. We caution them not to look to the detective or whoever's administering the photo lineup for any guidance. And then one final thing in administering is the best practice today, I believe, is a blind administration. And what do I mean by that? It's a blind administration where the photo ID Lineup administrator doesn't know the suspect's identity. And the purpose of that is to eliminate either intentional or unconscious cueing, because even subtle cues from the administrator and breathing, posture, tone of voice, can influence the witness's memory and also the witness's choice.

[Lester Holt]

You've been in law enforcement for four decades, a police chief for two of them. How is the process of police lineups evolved over the years?

[Ken Wallentine]

Oh, my gosh. So we go back in my family to 1869 in law enforcement, and when my grandfather was doing identification, they were still doing live lineups. We typically don't do those anymore. Photo lineups became fairly popular in the late 1950s, the late 1960s, when we started really collecting photographs, mug shots, if you will, and making them available. In the 1960s, there was very limited training on how to administer an eyewitness identification procedure. The detective who was the investigator took the photographs, put them in front of people, might have even pointed to photographs as she or he moved along. And then when I became a cop in the late 1970s, really about the beginning of the 1980s, there was a scientific awakening. And so in the 80s and 90s, we move from assuming memory works like a video recording to understanding that it's reconstructive and vulnerable to suggestions. Finally, in the last even less than decade, we have seen courts and legislatures drive best practices as they're embedded into evidentiary rules and evidentiary law.

[Lester Holt]

What I'm hearing is that this is a useful technique, but one that has to be handled very carefully because of just human reaction and how we process information. So with that in mind, how common is it for police to use a photo lineup?

[Ken Wallentine]

Well, you wouldn't see a photo lineup used, for example, in a shoplifting at a convenience store, typically, certainly in serious felony cases, aggravated assault, sexual assaults, people who may witness a homicide. In those kind of cases, it's all stops are pulled, all hands on deck, and we'll do everything we can can to identify the perpetrator. And very often, if we have an eyewitness, that will involve a photographic lineup procedure.

[Lester Holt]

All right, I was struck by this one figure. According to the National Institute of Justice, mistaken eyewitness identifications have played a role in 75% of wrongful convictions. That's a pretty alarming high number. Ken, what could make an eyewitness pick the wrong person?

[Ken Wallentine]

One thing is that they haven't been given proper instructions. They go into the procedure believing. And it's a little logical, I think, to believe that one of those six people is the perpetrator. And they also feel like they have an obligation to identify someone. And Lester, we all inflate our confidence in our memories. And when you couple that with the pressure or the direction to identify a suspect, maybe you think it's your civic duty. Maybe you're anxious to see justice done for a crime that was perpetrated against you. That's a dangerous combination.

[Lester Holt]

Once a witness or victim has made an identification, how does that impact the investigation? Is there anything that police should or shouldn't do afterward?

[Ken Wallentine]

Really good detectives will consider that eyewitness identification and then they will balance it with the other information that they have and they will pursue any other leads they can. We don't want officers, we don't want investigators to be overconfident. You know, eyewitness testimony can be powerful. It can also be vulnerable. So I would hope, Lester, that once an identification is made, that's simply another brick in the wall. That's simply another step taken but conclusive and not a terminal point for the investigation.

[Lester Holt]

Well, Ken, you've been great on all this. Thanks so much for spending some time with us.

[Ken Wallentine]

Thank you.

[Lester Holt]

That's it for this episode of Dateline True Crime Weekly. Make sure to check out Josh's brand new original podcast series, Trace of Suspicion. After a Marine dies unexpectedly, investigators suspect his widow had something to do with it setting off a criminal case that takes a stunning trip. This case started because of the breast implants.

[Karen Israel]

Think about it, if she had a

[Lester Holt]

nose job, would we even be talking about it on March 10th? You can listen to the first two episodes completely free or subscribe to Dateline Premium to start listening now ad free with early access to subsequent episodes. And if that's not enough, Josh for you, coming up this Friday on NBC, he has a brand new DATELINE episode for you. After a beloved professor is found murdered at home, the prime suspect is just within investigators reach, but not for long.

[Alex Lowray]

He said to bring my Kevlar.

[Lester Holt]

Bring your Kevlar because Mexico's a dangerous place or he's gonna shoot you, right?

[Alex Lowray]

I'm not sure.

[Lester Holt]

Watch the professor and the poet Friday at 9, 8 Central on NBC. Thanks for listening, everyone. DATELINE True Crime Weekly is produced by Carson Cummings, Carolyn Casey and Keani Reed. Our associate producers are Ellery Gladstone Groth and Aria Young. Our senior producer is Liz Brown. Kuriloff 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 producer and Liz Cole is senior executive producer of Dateline.

[Ken Wallentine]

All right. Thanks. Bye Bye.

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