09x12 - The Financial Downfall

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Narrator: for the first time in american judicial history, a

Trial was held on the edge of a cliff overlooking the pacific

Ocean.

For three days, a judge and jury heard the forensic evidence

Interpreted very differently by the prosecution and by the

Defense.

Was the death of a beautiful, young woman an accident, or was

It cold-blooded m*rder?

Big sur, california -- miles of high, wind-swept cliffs,

Sparkling ocean water, and some of the most spectacular

Coastlines in north america.

Sightseers come from all over the world just to enjoy the

Magnificent scenery.

But you have to be careful.

It can be dangerous.

You won't get a few months in the summer going by without

Someone falling and seriously being hurt or k*lled.

Narrator: three tourists from san diego were walking along the

Cliffside overlook known as seal beach.

The couple started walking towards their car.

Their friend stayed behind to enjoy the spectacular view just

A little longer.

When the couple turned around, she was gone.

They rushed to the cliff's edge, and they were horrified to

Discover that she had apparently fallen some feet down the

Cliff.

They ran to a store nearby for help.

Rescue workers found the woman at the bottom of the cliff.

She was dead.

There was no way she could have survived the -foot drop.

Unfortunately, accidents here do happen.

Everybody wants to climb out and get that picture of the

Ocean behind them, so they're out on the edge, on the

Precipice.

And things happen.

One of the fellows said, "people fall off the cliff like

Logs out here."

Narrator: the victim was -year-old donna hartman.

It was absolutely horrible.

When you know that one of the almost phobias that this young

Woman had was heights, and she dies in this manner, it's

Particularly a horrible event.

Narrator: she recently separated from her husband and

Had been living and traveling with her friends, virginia and

B.j. Mcginnis.

Donna was a wonderful young lady, but she was challenged.

Her i.q. Was probably or , somewhere in there.

She was wonderful and friendly and thoughtful.

Her husband was in the navy.

Narrator: at the scene, the mcginnises told investigators

That donna was wearing high-heeled shoes, which might

Have caused her to lose her footing as she stood at the edge

Of the cliff.

In the photographs taken by the mcginnises shortly before the

Fall, donna was wearing high-heeled shoes.

The autopsy of donna hartman was routine.

The autopsy on our victim was not a true forensic autopsy.

It was an autopsy, and it did show cause of death, but it was

Not in the greater detail that you would want, had you

Suspected foul play from the get-go.

Narrator: the cause of death was a basal skull fracture, a

Massive blow to the back of the head, consistent with someone

Falling feet to their death.

But donna's family in louisville, kentucky, had

Questions about what happened, so they hired a civil attorney

Named steve keeney to help them get answers.

I wish the coroner had done a better job.

I don't know what california standards are, but you would

Think that california would be closer to the cutting edge.

This was far behind the cutting edge, and those responsibilities

Made it very difficult to show with any certainty to the

Insurance company or to a court or anyone else exactly what the

Cause of death here was.

Narrator: what troubled keeney were the photographs

Taken of donna shortly before her death.

They told a story that was much different from the mcginnises'

Account.

Narrator: local authorities took no photographs at the scene

Of donna hartman's fatal fall, because rescue workers believed

It was an accident.

So investigators asked donna's traveling companions, virginia

And b.j. Mcginnis, for a copy of the photos they took that

Day.

They're using a disc camera, which has a rigid film on a

Circle.

So we know the sequence of the photographs, where they were

Taken.

Narrator: early in the sequence, donna appears happy

And alert.

But photos taken later show something different.

The later photographs show a person who's docile, who looks

Exhausted.

Her hands are down, her facial muscles are slack, and

She just doesn't -- and the eyes are somewhat droopy.

It appears as if she is either intoxicated or stoned.

Narrator: the next photo in the sequence shows

B.j. Mcginnis and donna standing at the edge of the

Cliff.

The victim's eyes, quite appropriately, are looking at

The waters below.

Mr. Mcginnis is behind the victim.

The victim is a few feet from the edge of the cliff.

Mr. Mcginnis' left hand is on the victim's left shoulder.

Narrator: investigators thought b.j.'S position was

Extremely suspicious.

The only reason he's looking to the right is, we would

Speculate, to look for vehicles, look and see if anyone can see.

And that's the last photograph taken of her alive.

It's almost as though she's in motion then.

And the husband's hand's up against donna's shoulder.

Narrator: and the last four pictures were even more unusual.

I think those four photos are surveillance pictures.

I think that was virginia mcginnis looking

Through the viewfinder of her camera to make sure nobody saw

What they did.

They're not photographs a tourist is going to take, and

Particularly the fact that the sequence -- to this day I don't

Understand why they were taken.

Narrator: there's a sh*t looking down the cliff where

Donna fell.

Then, three panoramic views -- one to the left, another to the

Right, and the last behind them.

Now, if she has slipped and fallen, then who's taking

Sightseeing photographs?

I mean, who cares about a camera?

Let's see if we can save her.

That film says they saw her when she fell off the cliff, and

They kept taking pictures.

Narrator: investigators now suspected that b.j. Mcginnis

Deliberately pushed donna over the cliff to her death.

But what was the motive?

Investigators discovered that the mcginnises had taken out a

$, Life-insurance policy on donna hartman just one day

Before her death.

The insurance agent said that virginia mcginnis asked him a

Curious question.

She turned to him on the way out the door and said, "this is

Applicable to an accidental death, isn't it?"

It was.

I don't deal with too many claims for life insurance, but

That doesn't sound appropriate to me.

Almost says it matter of fact.

Narrator: the beneficiary was virginia mcginnis' son, who was

In prison.

He was listed as donna's fiancé, even though he and donna were

Already married to other people.

The mcginnises filed a claim to collect on the life-insurance

Policy just one day after donna's death.

Virginia plopped the insurance policy down on the

Desk of the agent.

He looked up and said, "you're kidding.

She's dead?" Well, it's a pretty incredible

Story, but, you know, in the end, you have to pause.

Surely, somebody somewhere bought a life-insurance policy

And had the bad luck to have the deceased die the next day.

It's not proof, but it sure stinks.

Narrator: investigators wanted to know why

Donna hartman looked so alert and vivacious in pictures taken

Earlier on the day she d*ed, but later on that day, she seemed

Drowsy and disoriented.

The circumstances that we had indicated a homicide, not an

Accidental death.

And our job was to prove it or disprove it.

We had virtually no evidence.

Narrator: donna's autopsy was fairly routine, and the

Toxicology tests were routine as well.

I would characterize the autopsy as meeting minimal

Professional standards.

If I had to object, it would be that it appeared that the

Possibility that foul play was really not taken into account.

So that extra measure, perhaps, was not done in this case.

Narrator: the doctor who performed the autopsy was not a

Forensic pathologist, but he did something virtually unheard of

At the time.

For reasons not entirely clear, he kept a vial of donna's blood

In refrigerated storage, and two years after her death, it was

Sent to the forensic lab for testing.

A sample was placed in a gas chromatograph/mass spectrometer,

Which broke the blood down into its chemical components.

Traces of amitriptyline, a common antidepressant known as

Elavil, were clearly present in donna's blood.

And someone who had never taken the drug before, I believe

Even one pill could cause them to be very drowsy, dizzy,

Possibly disoriented.

Narrator: but how did elavil get into her system?

The presence of elavil in the victim's body was crucial,

Because she had no prescription for it.

Mr. Mcginnis had prescription for it.

Moreover, the effects of elavil are evidenced by her behavior,

As seen in the photographs -- dizziness, disorientation,

Sluggishness.

The dose of elavil is determinative.

A tiny dose may have little or no effect.

A large dose can be so disorienting that you're drowsy.

You may even fall asleep standing on your feet.

At the very least, you won't be alert.

Narrator: investigators discovered donna and the

Mcginnises had lunch about two hours before she d*ed.

The waiter who served them said that donna ordered a soft drink.

It's anyone's guess, but if I had to speculate, I would say

That at that point they put the elavil in her coke.

But it's speculation.

Narrator: but there was no way to prove it.

So investigators turned to another set of pictures -- the

Ones taken during donna's autopsy.

They were analyzed by forensic pathologist

Dr. Barbara weakley-jones.

She noticed two things, which were barely mentioned in the

Original autopsy -- wounds on the back of donna's hands, but

Not on her palms, and her fingernails were broken.

She's up like this, and she's grabbing hold of the edge.

The nails will break off.

You should have, then, abrasions on the palm or surface of your

Hands as you're going down, and she did not have that.

All of her injuries are on the back of the hands.

Narrator: why would someone who slid down a cliff have

Bruises on the backs of her hands but virtually no marks on

Her palms?

Dr. Weakley-jones said it was impossible to be sure but that

She had a theory.

I think that she was pushed off the cliff and didn't make

It, and her hands were stomped on in order to get her to

Continue her fall off the cliff.

But the injuries on her hands were more consistent with a

Struggle or that scenario than a simple fall off the cliff.

Narrator: this was a harrowing possibility.

It meant that while donna was hanging on to the cliff's edge,

One or both of the mcginnises sent her to a certain death.

There was no, what we call, pattern injury to help determine

As to what she was struck with.

She could have been struck with a fist, for all I know, or she

Could have been struck with an instrument.

These were the wounds of someone who was fending off an

att*ck and then d*ed, as opposed to somebody who flopped down a

Cliff and had some things break along the way.

Narrator: but were the mcginnises capable of

Cold-blooded m*rder?

And if they were, could it be proven?

To find out, investigators did a background check and were

Shocked by what they found.

Virginia mcginnis was no stranger to deaths that looked

Like accidents.

Narrator: in previous years, virginia mcginnis had received

Payment from various insurance companies for other deaths and

Several suspicious accidents.

She had been involved in tragedy after tragedy.

Residences had b*rned down.

Relatives and loved ones had d*ed in her care.

Every house she'd lived in b*rned to the ground.

And her daughter, her second husband, and probably others all

d*ed under mysterious circumstances.

They all had incredible accidents.

Narrator: with all the upheaval in her life, there

Seemed to be one constant.

Virginia made sure all of her husbands and children had

Life insurance.

You know, jay leno says that what he loves is stupid

Criminals.

And one thing about criminals is they're not holding a job.

Every one of her life-insurance policies was for the same

Amount -- $,.

Narrator: because the face amount of the policies were so

Low, insurance companies didn't question the settlement.

The insurance policy virginia purchased on donna hartman's

Life was also suspicious.

Every single piece of that policy was either forged or

Fake, except for the name of the person who would die.

Narrator: donna hartman signed the policy, and her

Signature was witnessed by alice kessane.

Alice kessane lived next door to the mcginnises, but she denied

Signing the insurance forms.

As proof, she pointed out her name was misspelled on the

Document.

People don't misspell their own names when they sign their

Names.

So that's a red flag to the document examiner, to the

Prosecutor, to anyone involved in the case.

Narrator: alice kessane's signature did not match her

Known signature samples, and it had an unusual backward slant.

Backhand slanting isn't necessarily evidence of forgery,

But it is evidence of someone trying to change the way they

Write.

Narrator: with a court order, investigators forced

Virginia mcginnis to provide a handwriting sample.

I ask her to write alice kessane's name, first in

Her own natural handwriting, and then I ask her to write it in a

Backhand slant, because that's how it appeared on the

Questioned document.

Narrator: forensic document examiners concluded

Virginia mcginnis had signed alice kessane's name on the

Insurance policy.

It was not any different from her handwriting.

She merely had changed the slant in order to disguise her writing

And make it indistinguishable from the rest of the writing on

The form.

Narrator: two years after the m*rder, virginia and

B.j. Mcginnis were arrested and charged with donna hartman's

m*rder.

Virginia now claimed she wasn't at the scene of the accident,

And as proof, she reminded prosecutors she wasn't in any of

The photographs.

But one of the photographs showed the shadow of the

Photographer.

Was it possible for science to identify the photographer from

The silhouette?

We knew what day it was, and we knew what time it was,

Because we had the call.

That gave us the position of the sun.

And with the position of the sun and the distance to the

Rocks, we were able to do the old high-school pythagorean

Theorem -- "a" squared plus "b" squared equals "c" squared.

Narrator: the distance between donna and the

Photographer was calculated by analyzing the millimeter of the

Camera lens.

By measuring the length and angle of the shadow and

Determining the exact location of the sun at the time the

Mcginnises called police, investigators reached an

Interesting conclusion.

The photographer was '" tall -- the same height as

Virginia mcginnis.

And if virginia was the photographer, why did she take

What was perhaps the most incriminating photo of all --

A photograph of donna just before she was pushed over the

Cliff?

I think virginia wanted a souvenir.

I think virginia wanted to revisit the death of donna and

Enjoy it over and over again.

I think she believed that by having that picture, she would

Have something that would arouse in her the same excitement and

The same violation of rules that she had felt live on the cliff

When donna d*ed.

Narrator: virginia had apparently picked donna as an

Ideal victim.

Just as donna was separating from her husband, virginia

Befriended her.

Donna was vulnerable and an easy mark for an experienced con

Artist like virginia.

She was absolutely a perfect victim, because she was young,

Relatively uneducated, unsophisticated, far from her

Home.

Her husband was far away from her.

Impressionable -- she trusted everyone.

Would not ask questions.

Donna fell into a spider web and became what I guess you'd

Call today a target of opportunity.

Narrator: -year-old b.j. Mcginnis never made it to

Court.

He d*ed in prison while awaiting trial.

During virginia's trial, the jury was taken to seal beach.

For three days, court was held high above the beautiful pacific

Ocean on a wind-swept cliff, where donna hartman had fallen

To her death.

The trial lasted for three days, the longest time a court had

Been in session at a suspected crime scene in american history.

Jurors were asked to examine the cliff to determine for

Themselves whether virginia's story of an accidental fall made

Sense.

After a -day deliberation, jurors said it didn't, and

Virginia was found guilty of first-degree m*rder.

She was sentenced to life in prison.

If you care enough to listen -- and the forensic

Evidence spoke loud and clear, as well as all the other

Evidence -- this was m*rder and that the victim deserved her day

In court, and she got it.

What it really got down to was putting the facts together

In a scientific, communicated fashion to a jury.

And they were able to make the decision based upon the totality

Of the facts.

Without forensic science, virginia mcginnis today would

Still be looking for victims.

She'd probably still be k*lling.

She would be burning houses, and she would be collecting

Insurance with your premiums.