
One suspect is freed, another makes a surprising choice, and an investigator is accused of planting evidence.
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Keith Morrison
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Keith Morrison
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Jerry Susi
No, it wasn't. That's a good feeling to know your client's innocent. It's a bad feeling to know that your client's still in jail. You can't get him out. The cops are coming up with every other kind of theory they can think of to drag him in. And then when we get the Reed and Fester interviews, we see how they're bending over backwards to basically show them a picture of my client and say, isn't that the guy that you met?
Keith Morrison
So many problems. There was Matt's confession, which no matter how he tried to talk his way out of, it, could still be used against him. And that smear of blood. Remember that? It was apparently victim Wayne Stock's blood, discovered by lead detective Cofode in a car owned by Nick Sampson's brother and spotted near the murder scene right around the time it happened. So the prosecutor wasn't about to drop any charges. And meanwhile, sitting in jail, Nick had thoughts of taking his own life.
Jerry Susi
Nick was in really, really bad shape. And so at that point, I'm holding him together. It's going to work out. It's going to work out.
Keith Morrison
But would it? Jessica reed, all of 17 years old, was standing, perhaps shivering in a Hallway outside her meeting with the prosecutor. She had just been offered a way to salvage her messed up young life. Testify against Nick Sampson and Matt Livers, that she could plead to a lesser charge, get a chance to go free. Eventually, her testimony would help the state convict those two cousins of murder. This would be the most consequential decision Jessica Reed would ever have to make. She turned to her lawyer, Tom Olson.
Tom Olson
She didn't know these guys. She had nothing connected to them. Sure, they weren't friends, family. She had no reason to protect them. And she had every reason to benefit herself.
Keith Morrison
I'm Keith Morrison, and this is Murder in the Moonlight, a podcast from Dateline. Episode 5 When It All Falls apart. The days dragged along one by one and mounted up and became months and all the long while those two boys sat in their respective cells and wondered if they would ever see a free day again. Because nothing was working. Nothing at all. So Nick's attorney, Jerry Susi, decided it was time for a change of strategy.
Jerry Susi
I'd been a nice guy up to that point, trying to encourage the county attorney to dismiss the charges as the right thing to do in that point. Then I had to shift to be much more aggressive, saying, you know, coming at him, and here's all the stuff. And I'd prepared a kind of an extensive motion outlining all of the information pointing to Reed and Fester is acting alone.
Keith Morrison
But the county attorney had been busy, too, reviewing evidence, meeting potential witnesses like Jessica Reed, who in that meeting had asked to take a break to contemplate the prosecutor's offer. And one look at Jessica told her lawyer, Tom Olson, something wasn't right.
Tom Olson
I said, what's wrong? She said, I know what they want. They want me to tell them that those two boys were here and they weren't, and I can't do it, and I'm going to put myself away for life. And I told her, I said, you just got to tell the truth. That's all you can do at this point. And we went back in. And that's what she told him. That those boys were not there, that Lives and Sampson were never at that farmhouse when the killings occurred, that they had never met them before, that they had nothing whatsoever to do with it, that it was her and Fester.
Keith Morrison
Jessica's insistence that neither Matt nor Nick was there made the case against Nick at least untenable. So the county attorney had a chat with Jerry Susi and finally to said.
Jerry Susi
I, whether they did it or didn't, I certainly can't prove it against Nick Sampson.
Keith Morrison
And then nearly six months after the murders, the county attorney, Nathan Cox, called a press conference and announced that the murder case against Nick Sampson was being tried, dropped, sort of. Since there is no statute of limitations on murder, the state reserves the right.
Jerry Susi
To refile the charges in the future.
Keith Morrison
Was there a chance Nick Sampson would be charged with murder again? Well, yes, there was, but Nick certainly didn't act like it as he walked out of jail arm in arm with his attorney, Jerry Susi. We did it.
Jerry Susi
You did was cloud nine. And it was incredible feeling.
Keith Morrison
After more than five months in jail, Nick Sampson was free.
Nick Sampson
Let's go home.
Matt Livers
It was incredible. It's. I'm finally out.
Keith Morrison
But Nick Sampson, even free, was not carefree, not by any means. Some things could never be the same again. As he told me himself, I was.
Matt Livers
Constantly looking over my shoulder, seeing who was behind me, you know, so there.
Keith Morrison
Was a real genuine itch in your back, fear that somebody was gonna come.
Matt Livers
After you, come after me, Come after my family, you know, revenge. I didn't like being alone. You know, if there was any place I could go where I was, you know, I was around, like, my close friends or something, I was over there at, you know, friends houses. I was anywhere because I didn't want to be alone.
Keith Morrison
Why didn't you want to be alone?
Matt Livers
Just wasn't sure, you know, what could happen now.
Keith Morrison
Because around this county in rural Nebraska were a great many people, perhaps a majority, who were still quite certain that Nick was as guilty as can be. After all, his own cousin Matt had admitted full out that they had both killed those lovely people.
Matt Livers
I was upset at a loss of why my own cousin could do this to me.
Keith Morrison
Why would he do it to you? It wasn't true.
Matt Livers
To make himself look better, using me as a scapegoat. My name came up when I asked who you might know who smoked marijuana or whatever. And he's like, well, I know Nick used to. And so, you know, he tell him information like that and pretty much was implicating me and part of this. And so then, you know, it just kind of came into a snowball effect with him mechanically. Some points. Some points it's depression. Some points it's just wish there was a time machine. Can go back in time and say, forget this ever happened.
Keith Morrison
That's when you go out into the country and do a little target shooting and get away by yourself.
Matt Livers
Yeah, get out and, you know, enjoy hunting and stuff like that. So that's kind of getting out and just sitting in the woods is kind of just. Just a getaway, you know, there's nothing out there to bother you. You know, you just sit out there and just relax and don't have to worry about anything.
Keith Morrison
But nothing could soothe the grief agitated minds of the Stark children. Starved of real information, they hung on to what little they had been told. What they'd been assured by the guardians of the law that the two men who killed their parents were securely behind bars and would be until they were tried for murder. And yet now the law had sent one of those suspects home. Why? They could not fathom. Son Andy Stock It's a difficult situation. None of us are attorneys.
Nick Sampson
None of us are in law enforcement.
Keith Morrison
And you're just sitting there trying to.
Tom Olson
Take it all in, trying to figure.
Keith Morrison
Out, okay, how does this work?
Tom Olson
Why does this happen?
Keith Morrison
And yet their cousin Matt Livers had confessed. At least he was still in custody. And then there were those two teenagers from Wisconsin, Gregory Fester and Jessica Reed, who'd apparently also confessed to some role in the whole awful business. But just what that role was, few people in Murdoch seemed to know. So confusing. It certainly was foreign.
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Keith Morrison
Jerry Susi was no longer a fresh young lawyer when he met Nick Sampson. By then, Susi was a man of considerable experience in the area of public defense in Nebraska. He'd been standing up for the poor and the indigent, criminal and otherwise, for decades, had heard just about every sob story, every sneaky lie, every false claim of innocence in the book. And sometimes he had discovered people do strange things when accosted by the law. So when Susie watched the tapes of Matt Lyver's confession, saw and heard him naming Nick as co killer, well, let's just say his practiced lawyer eye noticed a few things.
Jerry Susi
There was every indication in there that there was a problem when people confess accurately. I mean, the resistance you have from somebody who is innocent, the resistance you have from somebody who is guilty from an interrogator standpoint looks the same. But at the point at which they finally get over that moral hump and say, you know, you're right, I really did do this. At that point, you can't shut them up. They then have to morally justify, okay, I killed my wife because she was cheating on me, and let me tell you what I did. And then they give you facts and information that you didn't know. And that's how you verify with Matt Liver's. What you had was at the point at which he makes the, the baby step portion of his interrogation. They then asked that open ended question, so tell me what happened, man, I don't remember.
Keith Morrison
Don't remember. And then there was something else that was clear to both defense attorneys, Though they feared the investigators may not have picked up on it. Matt Livers, as he himself admitted, was not the sharpest guy. Matt had his strengths too, of course, but in any conversation with authority figures, and especially under the sort of pressure that was clearly being exerted in that interview room, Matt Livers was prone to being led. He maybe was gullible. Matt's attorney, Julie Baer, there was a.
Julie Baer
Portion of the questioning where they won't let him finish his sentence. They're belittling him, they're screaming at him, they're threatening him with a death penalty.
Nick Sampson
I don't think you understand what the death penalty means. I'm gonna walk out that door and I'm gonna do my level best to hang Your ass from the highest tree.
Keith Morrison
And he believed them when they said those things?
Julie Baer
Yes, very much so.
Keith Morrison
And one moment stood out, said the defense attorneys, when the detective should have realized just how little Matt Livers understood of what was happening to him. It was when one of the cops told Matt he needed to be a man to tell them the truth. You consider yourself a man then stand up, stand up. In other words, take responsibility. But this was on videotape, remember? And Julie Bear watched.
Julie Baer
He takes them very literally and, and starts to rise up out of his chairs, you know, and he's gonna stand up, he's gonna stand up, stand up.
Nick Sampson
And be a man, okay?
Keith Morrison
As Julie Bear watched the tape, what stood up for her was the hair on the back of her neck. Seemed to her those detectives just weren't paying attention to the sort of man they were talking to. Or maybe she thought maybe they knew he was not the sharpest guy, but just wanted that confession.
Nick Sampson
You got a gun right or wrong? Right.
Keith Morrison
It all led to one conclusion. There was now no doubt in the mind of either defense attorney.
Julie Baer
If you, you know, you look and. And start examining the case in context. How it happened, what took place. It's really a textbook false confession.
Keith Morrison
A false confession. He'd made it all up. But as Julie Baer contemplated what, if anything, she could do about that, she got a surprise. Not long after Nick Sampson's release, with Matt Lyber still in jail, Julie received a DVD she'd never seen before. Even though she had asked months earlier, as was her right for all the available discovery, all the prosecution's material in Matt's case. This DVD contained a new interview with Matt. A second interview that the defense had never been told existed.
Nick Sampson
Again, I'm gonna read your rights.
Keith Morrison
This interview had been taped the day after the first 11 hour interrogation. The one in which he had confessed. By then, after a night in the local jail, Matt had a chance to regain his equilibrium.
Nick Sampson
Does he have something huge way on and you need to tell me about it?
Keith Morrison
So indeed, he did have something weighing on him. And here it came.
Nick Sampson
I've been just making things up to satisfy you guys.
Keith Morrison
Making it up to satisfy them.
Nick Sampson
An absolute truth is I was never on the scene. I don't know if Nick is the actual person involved in this. I've been just basically fitting an answer to what you guys I've been asking.
Keith Morrison
Needless to say, this recantation did not go over well. These were the same investigators who had just taken his confession the day before. And now he wanted to take it all back. Well, not a chance. And here they hammered away at Matt.
Nick Sampson
There's absolutely no doubt you are involved with this. And don't start over with me. From the very beginning, you telling me the truth, but now you're going to pull a. A jerking guys around deal? I mean, I wish I would. That.
Jerry Susi
That.
Nick Sampson
From the beginning. Yeah. Now, from the beginning, you did say that you had nothing to do with it. You killed a f. Guard yesterday. I. I gave it to you. And you were 100% involved with it. I had no doubt about. I just told you that. Right. But the truth is I was never on the scene of this. I don't know that Nick is involved in this because we never. I mean, you can check my phone records. We never talked on Thursday or Friday about this. And the only reason I picked him, I heard through the grapevine that his brother's car was used. What are you telling those down for? What do you think he's going to accomplish this now?
Matt Livers
Nothing.
Nick Sampson
I mean, I'm just trying to complain. I mean, you know, I don't believe you put yourself there. You were there, and you have told us things, but you told us things that nobody else even knows about. You told us things that unless you were there, you have no idea about. I mean, I've been making answers of left and right. I can't believe they're even coming out of my own mouth.
Keith Morrison
And when that interview ended, after Matt recanted any involvement in the murders, well into the ether it went, never to be seen or heard again. Until a package from the DA finally showed up at Julie Bear's office. How long was that withheld? Months and months.
Nick Sampson
After.
Keith Morrison
After. Because he said those things the day after his confession.
Nick Sampson
Right.
Keith Morrison
And for all those months while Matt's own attorney was in the dark. No idea her client had recanted every word of that confession. He was stuck in jail. So basically, from the official story, his recantation simply disappeared. Right. We asked the Cass County, Nebraska Sheriff's office for an explanation for that. They declined to provide one and didn't want to talk about any other parts of the case either. There seemed to be only one thing that could happen now. But in this case, well, when did anything ever go the way it should? Now they had the final answer. Or did they?
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Keith Morrison
That's why everyone needs Dateline Premium, where listening is always ad free. You get the whole story and nothing but the story. Or do You. Yes, actually you do. Subscribe now on Apple Podcasts, Spotify or Dateline premium.com. well, issues with Matt Libra's confession had now surfaced. Some of the investigators would not and said they could not let go of the belief that either Sampson or Livers or both of them were involved somehow. They didn't buy the notion that two drug addled teenagers just happened to stumble on a hard place to find by pure chance, way out in the country. In the dark, though, this is how Sampson's attorney, Jerry Susi, saw things.
Jerry Susi
Number one, he had two lead investigators who had never done first degree murder cases before. This one as lead investigators. Number two, having made the arrests holding the press conference, they were committed to trying to build a case against Lives and Samson. And then when Reed and Fester showed up, I think it was just beyond their ability to comprehend that they had made a mistake. And so that somehow, some way, they needed to fold Reed and Fester's cross country crime jaunt into somehow having some contact with the Nebraska people, whoever they were.
Keith Morrison
Whoever indeed. At one point, remember, Greg Fester said the main shooter, the guy who led them to the farm, was a local Nebraska boy named Thomas, with whom Fester had been communicating by phone before the murders shot.
Nick Sampson
Again, we all run over the house.
Keith Morrison
And detectives have knocked themselves out trying to find such a person, this Thomas guy, or any guy who might be that particular one. But he seemed to be a ghost. Couldn't find anybody at all who might be their Thomas. And meanwhile, Jessica Reed kept trying to persuade investigators that nobody else was there besides her and Fester. Of course I am lying. No, if I was lying, I would not still be going on about this. And she was going on about it. I've been saying that for months. I know what happened and no one will believe me. Well, she was right about that. The detectives did not believe her. They still suspected Lives and Sampson of some involvement. Why? It all went back to that speck of evidence that CSI Chief David Coford found in a car connected to Nick Sampson and spotted near the murder scene. It was a stain that turned up on a sterile piece of filter. Filter paper that Cofode himself swiped under the dashboard of that car. That was during a second search of the car, by the way, the first by an officer under CofO that turned up nothing. But that stain, the DNA test proved beyond a shadow of a doubt was Wayne Stock's blood. So how would it get there? Only one way. From Nick Sampson or Matt Livers after they murdered the Stocks. It was actually The FBI that started asking questions about that, but they didn't ask Matt Livers or Nick Sampson. Instead, the FBI's investigation was aimed at the detectives who handled the case. In fact, at CSI chief David Cofode himself. And after months of digging, the FBI came to a truly stunning conclusion. That Kofod must have planted that swipe of blood himself. Phony evidence to nail down a shaky case. To say that came as a shock would be the understatement of the year. David Coford was a respected officer, division commander of the CSI unit in Douglas County, Nebraska. And then he was an indicted officer. There were four federal charges, including falsifying records and violating lives and Sampson's civil rights.
David Cofode
When I was accused, I was angry, and then I felt the overwhelming power of the federal government. I mean, that's. And that's something I had.
Keith Morrison
That's a Mack truck in there.
David Cofode
It was unbelievable.
Keith Morrison
Coford pleaded not guilty to all charges, defiantly told reporters he'd rather go to prison than resign. He even passed a polygraph and was cleared in an internal sheriff's department investigation. You wake up one morning and they say you're a criminal.
David Cofode
Well, it kind of was like that, but it was a little different than that. It was more of a long process. And I didn't do it. I just didn't. And it doesn't make any sense.
Keith Morrison
Cofold blamed the stain on accidental contamination. Somehow, he said blood from the victim, Wayne Stock, must have ended up on that sterile filter paper, probably out at the murder scene. And then somebody goofed, and that same filter paper was what he later used on the car. That was his defense. But Kofo did admit he broke the rules.
David Cofode
I did make a mistake. I didn't follow procedures, and that bothers me. And there's no way around that. That was wrong because I'm a boss, because I'm supposed to set the example.
Keith Morrison
I bet there's a phrase you've heard over and over again. If it walks like a duck and quacks like a duck, it's probably, you know.
Nick Sampson
Yeah.
Keith Morrison
Barnyard duck.
Jerry Susi
Oh, absolutely.
David Cofode
But you know what? This doesn't look like a duck. It doesn't quack like a duck. It just doesn't.
Keith Morrison
How many more ways could this prosecution go sideways? Well, it turned out plenty. Coming up in the final episode of Murder in the Moonlight. How could Matt Liver still be in jail now that evidence had apparently been planted and his confession proven untrustworthy? And a killer tells her tale.
Matt Livers
Two people are dead because of me, you know, and I have a very.
Keith Morrison
Hard time with that. Still, what was it like to watch those people die?
Matt Livers
Hell.
Keith Morrison
Murder in the moonlight is a production of Dateline and NBC News. Shane Bishop is the producer. Brian Drew, Kelly Laudeen, Bruce Berger, Marshall Housefeld and Candace Goldman are audio editors. Brittany Morris is field producer, Leslie Grossman is program coordinator, Adam Gorfin is co executive producer, Paul Ryan is executive producer and Liz Cole is senior executive producer. From NBC News. Audio sound mixing by Bob Mallory and Katie Lau. Bryson Barnes is head of audio production. Every morning we choose how to begin our day. I think about the people at home. They tune in because they are curious. They care about their world and they care about each other.
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Keith Morrison
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Murder in the Moonlight: Episode 5 - "When It All Falls Apart"
Host: Keith Morrison
Release Date: March 3, 2025
Publisher: NBC News (Dateline)
Podcast Description: In Dateline’s newest podcast, Keith Morrison delves into the tragic murder of Sharmon and Wayne Stock in a serene farmhouse on America’s Great Plains. The investigation unravels with multiple suspects across three states, centering around a single crucial piece of evidence—a gold ring found at the crime scene.
The episode begins by revisiting the mysterious murder of Sharmon and Wayne Stock, which occurred under the pale moonlight in Nebraska. Initially, two cousins, Matt Livers and Nick Sampson, were arrested and charged with the murders. However, as the investigation unfolds, significant doubts about their guilt emerge.
Matt Livers' Confession:
Key Quote:
Matt Livers: "I was upset at a loss of why my own cousin could do this to me."
Matt's confession included incriminating details, such as a blood smear that matched the victim's DNA, found in a car associated with Nick Sampson’s brother.
Nick Sampson's Predicament:
Key Quote:
Nick Sampson: "I don't think you understand what the death penalty means. I'm gonna walk out that door and I'm gonna do my level best to hang your ass from the highest tree."
Sampson’s attorney, Jerry Susi, expressed frustration over the inability to prove Nick’s innocence and the relentless theories the police pursued to maintain their case against him.
Jessica Reed's Crucial Testimony:
Key Quote:
Tom Olson (Jessica's lawyer): "She had nothing connected to them. Sure, they weren't friends, family. She had no reason to protect them. And she had every reason to benefit herself."
Jessica insisted that neither Matt nor Nick was present at the farmhouse during the murders, effectively weakening the prosecution’s case against them.
As Jessica Reed's testimony cast significant doubt on the involvement of Matt and Nick, defense attorney Jerry Susi changed his strategy to aggressively challenge the prosecution's evidence.
Defense Attorney's Strategy:
Key Quote:
Jerry Susi: "I certainly can't prove it against Nick Sampson."
Ultimately, the county attorney, Nathan Cox, announced that the murder case against Nick Sampson was being dropped, although retaining the right to refile due to the absence of a statute of limitations on murder.
Despite his release, Nick Sampson struggled with lingering fears and societal stigma.
Nick Sampson's Struggles Post-Release:
Key Quotes:
Nick Sampson: "Let's go home."
Matt Livers: "I'm finally out."
Nick expressed constant fear and paranoia, feeling unsafe even after his release, while Matt Livers grappled with the betrayal he felt from his cousin’s false confession.
Detective David Cofode's Misconduct:
Key Quote:
David Cofode: "I did make a mistake. I didn't follow procedures, and that bothers me."
This revelation exposed severe misconduct within the investigation, casting further doubt on the integrity of the entire case and raising questions about the validity of the initial convictions.
Matt Livers Recants His Confession:
Key Quote:
Matt Livers: "I've been just making things up to satisfy you guys."
Despite his recantation, Matt remained incarcerated, highlighting the systemic failures and the lasting impact of coerced confessions.
The episode concludes by addressing unresolved elements, such as the mysterious individual named Thomas, whom Wisconsin teenagers Greg Fester and Jessica Reed claimed was the main perpetrator. Investigators struggled to locate this person, adding layers of complexity and suspicion around the case.
Final Teaser:
Key Quote:
Keith Morrison: "Coming up in the final episode of Murder in the Moonlight. How could Matt Liver still be in jail now that evidence had apparently been planted and his confession proven untrustworthy? And a killer tells her tale."
Episode 5 of "Murder in the Moonlight" intricately weaves the narrative of wrongful accusations, legal battles, and investigative corruption. Through detailed interviews and compelling storytelling, Keith Morrison sheds light on the deep-seated issues within the criminal justice system, leaving listeners eager for the series' resolution.
Notable Quotes:
For those captivated by true crime and the quest for justice, "Murder in the Moonlight" offers a profound exploration of how the search for truth can be marred by human fallibility and systemic flaws.
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