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Zahn: A FAMILY ARRIVES HOME
AND IS MET WITH A HAIL OF GUNFIRE.
[ GUNFIRE ]
I DEFINITELY REMEMBER ONE CONTINUOUS BOOM, BOOM, BOOM.
[ GUNSHOTS ]
Zahn: IN A FLASH,
THEIR LIVES WERE CHANGED FOREVER.
HE SHOT CATHY IN THE HEAD AND IN THE CHEST.
[ GUNSHOT ]
CARL ENDED UP ON THE GRASS AREA HERE.
WAS IT APPARENT THE ATTACKER WAS TRYING TO KILL BOTH OF THEM?
IT WAS A HIT.
SOMEBODY WAS OUT TO ASSASSINATE CATHY AND CARL.
Zahn: CATHY'S YOUNG DAUGHTERS WITNESS THE TERRIFYING ATTACK.
WE WERE BOTH YELLING AT HER TO WAKE UP.
THAT IMAGE IS BURNED INTO MY BRAIN.
Zahn: WOULD A 5-YEAR-OLD'S CHILLING MEMORY
BE THE KEY TO SOLVING THE CASE?
Terrell: AS HE PASSED HER, HE SAID, "HI, NICOLE."
IT TOLD ME
THAT THEY KNEW THE ASSAILANT AND HE KNEW THEM.
[ GUNSHOT ]
-- Captions by VITAC -- www.vitac.com
CAPTIONS PAID FOR BY DISCOVERY COMMUNICATIONS
HI, I'M PAULA ZAHN,
AND TONIGHT, WE'RE ON THE CASE IN VICTORVILLE, CALIFORNIA --
AN UPSCALE COMMUNITY 85 MILES EAST OF LOS ANGELES.
IT WAS HERE ON A QUIET STREET
THAT A GUNMAN STEPPED OUT OF THE SHADOWS
AND AMBUSHED A YOUNG MOTHER AND HER BOYFRIEND,
MAKING HER TWO TERRIFIED DAUGHTERS
EYEWITNESSES TO THE ATTACK.
THE INVESTIGATION INTO THE DEADLY SHOOTING
PUT POLICE ON THE TRAIL
OF A KILLER PROTECTING AN UNTHINKABLE SECRET.
IT WAS A COOL NIGHT ON OCTOBER 11, 1989.
CARL FUERST AND HIS GIRLFRIEND, CATHY PATERNOSTER
HAD JUST ARRIVED HOME AFTER RUNNING SOME ERRANDS
WITH HER TWO YOUNG DAUGHTERS.
NICOLE WAS 5, AND CARLA HAD JUST TURNED 4.
Paternoster: WHAT DO YOU SEE?
Zahn: THEY HAD BEEN GETTING READY
TO SPEND A QUIET EVENING TOGETHER AS A FAMILY.
WE HAD RENTED MOVIES TO WATCH.
IT WAS DEFINITELY A NORMAL NIGHT --
NOTHING OUT OF THE ORDINARY.
Zahn: BUT AS CARL DROVE INTO THE DRIVEWAY,
HE WONDERED WHY IT WAS SO DARK.
THE GARAGE LIGHT SHOULD HAVE BEEN ON.
I HAD NOTICED THE LIGHT WAS OUT.
DID THAT SEEM ODD THAT THE LIGHT WAS OUT?
WE ALWAYS LEFT A LIGHT ON WHEN WE WERE GONE
SO WHEN WE COME HOME, THERE WAS SOME SORT OF LIGHTING.
Zahn: CARL JUST ASSUMED THAT THE BULB HAD BLOWN
AND PARKED THE VAN.
EVERYONE GOT OUT.
WHAT DID YOU SEE?
Costa: I HAD GOT OUT THE BACK OF THE CAR,
AND I WAS APPROACHED BY A MAN DRESSED ALL IN BLACK,
AND HE HAD A BEARD.
HOW WOULD YOU DESCRIBE HIS BEARD?
BUSHY.
THAT'S THE ONLY THING I CAN REALLY REMEMBER.
Zahn: NICOLE WAS SO FRIGHTENED, SHE COULDN'T EVEN SCREAM.
THE MYSTERIOUS MAN QUICKLY MOVED PAST HER
AND SNUCK UP BEHIND CARL.
YOU DIDN'T SEE A THING?
I NEVER SAW ANYBODY.
I WAS STANDING THERE,
THEN THE NEXT THING YOU KNOW, BAM.
[ GUNSHOT ]
I WAS SHOT IN THE BACK.
Zahn: CARL WAS A VIETNAM VET
AND KNEW WHAT IT WAS LIKE TO BE UNDER FIRE.
YOU KNEW YOU WERE SHOT.
OH, IT TOOK THE AIR OUT OF ME.
I MEAN, I JUST DROPPED DOWN ON MY KNEES.
Zahn: THEN THERE WERE MORE GUNSHOTS.
[ GUNSHOTS ]
HOW MANY GUNSHOTS DID YOU HEAR?
I DEFINITELY REMEMBER
ONE CONTINUOUS BOOM, BOOM, BOOM.
Zahn: THE GUNMAN HAD SHOT CATHY TWICE.
[ GUNSHOTS ]
DID YOU HAVE ANY IDEA WHAT HAD HAPPENED?
BEING THAT YOUNG,
I DIDN'T UNDERSTAND THE FULL SITUATION.
Zahn: THE TWO LITTLE GIRLS SCRAMBLED BACK INTO THE VAN.
I WAS PANICKED AND CONFUSED.
I DIDN'T UNDERSTAND AT ALL WHAT WAS GOING ON AT THE TIME.
Zahn: CARL LOOKED UP
AND SAW THE GUNMAN COMING BACK TOWARDS HIM.
WHEN I TURNED TO THE RIGHT,
HE WAS COMING AROUND THE FRONT OF THE VAN.
HE KEPT MOVING MY WAY.
Zahn: THE MAN SHOT CARL A SECOND TIME, HITTING HIM IN THE SHOULDER.
AS HE MOVED IN FOR THE KILL,
CARL AND HIS ATTACKER WERE FACE-TO-FACE FOR A SPLIT SECOND.
WHAT DID HE LOOK LIKE? WHAT DID YOU SEE?
ALL I SAW WAS A HOODIE AND, LIKE, A BEARD --
A FAKE BEARD WITHOUT THE MUSTACHE.
COULD YOU MAKE OUT YOUR ATTACKER'S FACE?
COULD YOU SEE HIS FEATURES?
I COULDN'T MAKE OUT THE FACE BECAUSE OF THE HOODIE.
Zahn: IT WAS A TERRIFYING MOMENT.
THE BEARDED GUNMAN HESITATED BEFORE HE PULLED THE TRIGGER.
WERE YOU CONVINCED YOU WERE GONNA DIE?
I KNEW THAT IT WAS GONNA BE THE END IF I DIDN'T RESPOND.
I JUST KNEW I HAD TO DO SOMETHING,
SO I DOVE AT THE GUN.
WHEN HE GOT CLOSE ENOUGH, FROM MY KNEES, I LUNGED FORWARD.
WHAT HAPPENED WHEN YOU LUNGED AT YOUR ATTACKER?
THE ROUND WENT OFF...
[ GUNSHOT ]
...AND CAUGHT ME IN THE CHEST.
DID YOU KNOCK HIM OVER?
OH, YES.
I HAD HIM BY THE ANKLES.
Zahn: BUT IN HIS WEAKENED CONDITION,
CARL WASN'T ABLE TO STOP THE MAN FROM FLEEING THE SCENE.
HE JUST TOOK OFF RUNNING.
AND I SEEN HIM RUN TO THE END OF THE STREET.
Zahn: WHEN THE ATTACK WAS OVER,
CATHY WAS SPRAWLED OUT MOTIONLESS IN THE DRIVEWAY,
LYING IN A POOL OF BLOOD.
BADLY WOUNDED, CARL TRIED TO REACH HER.
Carl: SHE WAS LAYING THERE.
Okay.
I WAS TRYING TO HELP HER.
Zahn: BUT THERE WAS NOTHING HE COULD DO.
I WAS ALREADY SPITTING UP BLOOD.
I COULDN'T EVEN GET UP. I WAS STILL ON MY KNEES.
[ SIGHS ]
I DO REMEMBER MY SISTER AND I RUNNING OVER TO MY MOM.
SHE WASN'T MOVING.
WE WERE BOTH YELLING AT HER TO WAKE UP,
AND WE WERE BOTH SHAKING HER.
THAT IMAGE IS BURNED INTO MY BRAIN.
Zahn: KEITH DIAMOND WAS JUST 17 YEARS OLD
WHEN HE HEARD THE GUNSHOTS
COMING FROM HIS NEIGHBOR'S HOUSE.
I REMEMBER THE SCREAMS.
REALLY LOUD, SHRIEKING SCREAMS.
I JUMPED UP REAL QUICK AND I RAN DOWN THE HALL,
TOLD MY MOM TO CALL 911, AND I RAN OUT OF THE HOUSE.
WHEN I FINALLY CAME UP ON CARL AND CATHY'S PROPERTY OVER HERE,
I LOOKED AND THAT'S WHEN I SAW CARL DOWN ON HIS KNEES.
I SAW CATHY LAYING FLAT ON HER BACK.
JUST WASN'T MOVING.
THERE WAS NO SIGNS OF MOVING.
I SAW BLOOD ON THE DRIVEWAY ITSELF.
Zahn: KEITH WAS STUNNED.
THE SUBURBAN DRIVEWAY LOOKED LIKE A WAR ZONE.
IN THE MIDST OF THE CHAOS, ANOTHER NEIGHBOR ARRIVED.
THE MAN HAPPENED TO BE A DENTIST
AND BEGAN TO PERFORM CPR ON CATHY.
THEN KEITH JUMPED INTO ACTION
AND TOOK CATHY'S DAUGHTERS AWAY FROM THE TRAUMATIC SCENE.
THEY WERE CRYING, THEY WERE SCREAMING.
SO I TOOK THEM ACROSS THE STREET TO THE NEIGHBOR'S HOUSE.
Zahn: WITH CARLA AND NICOLE SAFELY AT THE NEIGHBOR'S,
KEITH WENT BACK TO THE SCENE TO HELP.
THE DENTIST HAD TOLD ME
TO MAKE SURE THAT CARL STAYS AWAKE --
THAT HE DOESN'T PASS OUT AND POSSIBLY GO INTO SHOCK.
Zahn: BUT CARL WAS LOSING A LOT OF BLOOD.
Diamond: WE DID TRY TO HELP
APPLY PRESSURE ACROSS THE WOUNDS TO STOP BLEEDING.
ABOUT ALL WE COULD DO UNTIL SOMEBODY GOT THERE.
IT FELT LIKE THE PARAMEDICS TOOK FOREVER TO GET THERE.
Zahn: CATHY WAS IN EVEN WORSE SHAPE THAN CARL.
KEITH WORKED WITH THE DENTIST TO TRY TO KEEP HER ALIVE.
I WENT OVER AND HELPED WITH CHEST COMPRESSIONS
WHILE THE DENTIST WAS DOING THE MOUTH-TO-MOUTH.
HER HAIR WAS JUST SATURATED IN BLOOD,
AND IT WAS OBVIOUS THAT SHE WAS BAD.
Zahn: THEIR FRANTIC EFFORTS CONTINUED
UNTIL CATHY AND CARL WERE AIRLIFTED TO THE HOSPITAL.
AS YOU WERE BEING AIRLIFTED,
DID YOU FEAR YOU MIGHT NOT SURVIVE?
I HAD NO IDEA WHAT WAS HAPPENING.
EVERYTHING WAS SO QUICK.
I WAS AT THAT POINT WHERE THERE WAS NOT A LOT I COULD DO.
Zahn: AS PARAMEDICS WORKED TO SAVE CATHY AND CARL,
DETECTIVES BEGAN A DESPERATE SEARCH FOR CLUES
THAT WOULD LEAD THEM
TO THE PERSON RESPONSIBLE FOR THE COLD-BLOODED AMBUSH.
[ GUNSHOT ]
CATHY PATERNOSTER AND HER BOYFRIEND, CARL FUERST,
HAD BOTH BEEN SHOT MULTIPLE TIMES
AFTER THEY PARKED IN THEIR OWN DRIVEWAY.
CATHY'S TWO YOUNG DAUGHTERS
HAD BEEN EYEWITNESSES TO THE TERRIFYING ATTACK.
AS POLICE DESCENDED ON THE CRIME SCENE
TO MOUNT AN ALL-OUT SEARCH FOR THE GUNMAN,
THEY HOPED THAT SURGEONS COULD SAVE CATHY'S LIFE.
WHILE EMERGENCY ROOM DOCTORS ATTEMPTED TO STABILIZE CARL,
WHO HAD BEEN SHOT THREE TIMES...
[ GUNSHOTS ]
...HE BEGGED THEM FOR ANY NEWS ABOUT CATHY'S CONDITION.
EVEN NOW, YEARS LATER, CARL STILL REMEMBERS
THOSE DESPERATE MOMENTS IN THE HOSPITAL.
THEY WEREN'T ABLE TO TELL ME IF SHE WAS ALIVE OR DEAD.
THEY WOULD TELL ME SOMEBODY WAS WORKING ON HER.
DID THAT GIVE YOU HOPE?
YES.
YES, I THOUGHT MAYBE SHE HAD A CHANCE.
I HAD HOPE. REALLY. I HAD HOPE SHE WAS GONNA MAKE IT.
Zahn: BUT DESPITE THE HEROIC EFFORTS
OF HER NEIGHBORS AND EMERGENCY WORKERS AT THE SCENE,
CATHY PATERNOSTER'S WOUNDS WERE FATAL.
SHE WAS PRONOUNCED DEAD ON ARRIVAL.
[ FLATLINE ]
WHO BROKE THE NEWS TO YOU?
THE OFFICERS TOLD ME THAT SHE DIDN'T MAKE IT.
THAT'S WHEN I FOUND OUT.
[ SIGHS ]
Zahn: AT THE TIME, CATHY'S DAUGHTERS WERE TOO YOUNG TO COMPREHEND
THAT THEY WOULD NEVER SEE THEIR MOTHER AGAIN.
HOW HARD WAS THAT FOR YOU?
IT WAS VERY HARD. IT WAS VERY -- IT WAS TOUGH.
Carla: MY SISTER AND I,
WE DIDN'T UNDERSTAND WHAT DEATH WAS.
I DIDN'T REALLY REALIZE THAT SHE'D BE GONE.
Zahn: AS NEWS OF CATHY'S DEATH SPREAD, FAMILY AND FRIENDS WONDERED
WHY ANYONE WOULD WANT TO HURT THE DEVOTED MOTHER.
Khinoo: OH, MY GOSH. SHE LOVED BEING A MOTHER.
SHE'S -- SHE JUST LOVED THOSE GIRLS.
Paternoster: OH, GIRLS.
Costa: I REMEMBER HER BEING VERY NICE AND GENTLE.
DEFINITELY FUN AND OUTGOING.
YOU STILL ARE ABLE TO HANG ON TO SOME NICE CHILDHOOD MEMORIES.
DEFINITELY. WE WENT TO DISNEYLAND A LOT.
I JUST FELT LIKE SHE ALWAYS TRIED TO SHOW US
THAT SHE LOVED US.
Zahn: BACK AT THE PATERNOSTERS' HOME,
POLICE ON THE SCENE WERE INFORMED
THAT THE CASE WAS NOW A HOMICIDE INVESTIGATION.
DETECTIVE PIERRE GALVEZ WAS ONE OF THE LEAD DETECTIVES.
IT'S KIND OF EERIE BECAUSE THE NIGHT THAT THIS OCCURRED
WAS VERY SIMILAR TO THE NIGHT THIS EVENING.
IT WAS THIS DARK -- PITCH BLACK.
Zahn: IN THE AFTERMATH OF THE ATTACK,
CATHY AND CARL'S DRIVEWAY LOOKED LIKE A BATTLEFIELD.
Galvez: THE CRIME SCENE WAS GENERALLY IN THIS AREA HERE
AND IN THE FRONT YARD.
RIGHT HERE WAS A LOT OF BLOOD.
Zahn: NEIGHBORS TOLD DETECTIVE GALVEZ THEY HAD HEARD FIVE GUNSHOTS.
[ GUNSHOTS ]
BUT DETECTIVES COULDN'T FIND ANY SHELL CASINGS.
WHAT WAS THE SIGNIFICANCE OF THE FACT
THAT THEY HADN'T FOUND SHELL CASINGS?
IT TOLD THE INVESTIGATORS THAT THE SUSPECT
WAS USING A REVOLVER.
Zahn: THE BULLETS THAT THE MEDICAL EXAMINER
RECOVERED FROM CATHY'S BODY CONFIRMED THAT SUSPICION.
Galvez: WE WERE TOLD WHAT IT WAS A .38-CALIBER REVOLVER,
SO THAT'S THE WEAPON THAT WE WERE LOOKING FOR.
Zahn: INVESTIGATORS CHECKED FOR EVIDENCE
THAT MIGHT POINT TO A MOTIVE FOR THE ***,
BUT NONE OF THE OBVIOUS CHOICES SEEMED TO FIT.
DID IT APPEAR TO POLICE
LIKE ANYBODY HAD BROKEN INTO THE HOUSE?
NO.
THE HOUSE THAT CATHY AND CARL LIVED IN
WAS NOT BROKEN INTO.
THERE WERE SOME VALUABLE ITEMS
THAT WERE LEFT AT THE CRIME SCENE,
SO HAD IT HAVE BEEN A ROBBERY,
THOSE ITEMS WOULD HAVE BEEN MISSING.
[ SIREN WAILS ]
Zahn: BUT THERE WERE SIGNS
THAT THE ATTACK HAD BEEN PREMEDITATED.
INVESTIGATORS NOTICED THAT THE KILLER HAD MADE SURE
THAT THE DRIVEWAY WOULD BE SHROUDED IN DARKNESS.
HE HAD BROKEN THE FIXTURE THAT WOULD HAVE LIGHTED
THE AREA WHERE HE HAD BEEN HIDING.
THIS ONE RIGHT HERE -- SEE THE GLOBE?
THE BULB INSIDE OF THE GLOBE WAS BROKEN.
SOMEBODY HAD TO HAVE BROKEN THE BULB
AND THEN PLACED THE GLOBE BACK ON.
IT WAS A HIT.
SOMEBODY WAS OUT TO ASSASSINATE BOTH CATHY AND CARL.
IT WAS CLEARLY AN AMBUSH-TYPE OF AN ATTACK.
WHOEVER THE SUSPECT WAS
WAS WAITING FOR THE FAMILY TO GET BACK HOME.
HE WAS HELL-BENT ON KILLING BOTH OF THEM.
[ CAMERA SHUTTER CLICKING ]
Zahn: AS INVESTIGATORS CANVASS THE AREA,
ONE OF CATHY'S NEIGHBORS CAME FORWARD.
THE WOMAN TOLD POLICE
THAT SHE HAD SEEN A SUSPICIOUS MAN
JUST TWO BLOCKS FROM THE CRIME SCENE.
Terrell: THE WITNESS STATED SHE WAS DRIVING NEAR THE CRIME SCENE
WHEN SHE OBSERVED A WHITE MALE, 40 TO 50 YEARS OLD,
WITH GRAY HAIR, A GRAY BEARD, WEARING DARK CLOTHING.
SHE THOUGHT IT WAS ODD BECAUSE HE WAS RUNNING SO FAST.
SHE DIDN'T THINK THAT THE BEARD WAS REAL.
SHE THOUGHT SOMETHING WAS UP.
GIVEN THE NEIGHBOR'S DESCRIPTION OF WHAT SHE SAW,
DID POLICE THINK IT WAS A GOOD POSSIBILITY
THAT THE ATTACKER WAS IN DISGUISE THAT NIGHT?
YES.
SHE WAS PRETTY SURE THAT IT WASN'T A REAL BEARD
JUST BY THE WAY IT WAS HANGING FROM THE SUSPECT'S FACE.
Zahn: AS INVESTIGATORS CONTINUE TO FOLLOW THE PATH OF A GUNMAN,
THEY MADE AN INTERESTING DISCOVERY.
WE FOUND A SINGLE LATEX GLOVE
IN THE FIELD AREA HERE IN THIS VACANT LOT BY ITSELF.
WHAT WAS IT ABOUT THE LATEX GLOVE
THAT CAUGHT THE ATTENTION OF INVESTIGATORS?
THEY SAW THAT THIS GLOVE WAS SOMEWHAT FRESH.
IT HADN'T BEEN WEATHERED IN ANY WAY.
THE INVESTIGATORS THOUGHT THAT THE SUSPECT,
AS HE WAS FLEEING THE SCENE, DROPPED THE GLOVE.
Zahn: POLICE BELIEVE THEY NOW KNEW
HOW THE BRUTAL CRIME HAD BEEN COMMITTED.
BUT THEY STILL HAD NO IDEA
WHO WOULD'VE WANTED TO KILL CATHY PATERNOSTER.
IT NOW APPEARED THAT THEIR BEST CHANCE OF IDENTIFYING THE GUNMAN
RESTED ON THE MEMORY OF CATHY'S TWO LITTLE GIRLS.
COMING UP --
COULD A CHILD'S MEMORY OF HER MOTHER'S KILLER
CRACK THE CASE?
Terrell: AS HE PASSED HER, HE SAID, "HI, NICOLE."
IT TOLD ME THAT THEY KNEW THE ASSAILANT...
[ GUNSHOT ]
...AND HE KNEW THEM.
AN AMBUSH ATTACK ON A FAMILY IN A QUIET SUBURBAN NEIGHBORHOOD
HAD ROBBED A YOUNG MOTHER OF HER LIFE.
DETECTIVES INVESTIGATING THE CASE
HAD NO SOLID LEADS ON A SUSPECT --
JUST A DESCRIPTION
OF A MYSTERIOUS MAN DRESSED IN BLACK
WHO APPEARED TO BE WEARING A FAKE BEARD.
THE LACK OF CLUES IN THE CASE
FORCED POLICE TO TURN TO THE TWO EYEWITNESSES
THEY WERE HOPING THEY WOULDN'T HAVE TO TALK WITH --
CATHY'S YOUNG DAUGHTERS, CARLA AND NICOLE.
[ GUNSHOT ]
INVESTIGATORS WERE HORRIFIED THAT CATHY'S DAUGHTERS
HAD BEEN FORCED TO WITNESS THEIR MOTHER'S FINAL MOMENTS ALIVE.
BUT THEY NEEDED TO KNOW EXACTLY WHAT THE GIRLS HAD SEEN.
DETECTIVE ROBERT TERRELL,
AS AN OFFICER TRAINED TO WORK WITH CHILDREN,
INTERVIEWED THE TWO YOUNG GIRLS.
THEY WERE VERY CONFUSED, VERY SCARED.
WHAT STRUCK ME AS BEING UNUSUAL FOR A 4 AND 5-YEAR-OLD
WAS THEIR STORIES WERE PRETTY MUCH CONSISTENT,
DOWN TO THE BLACK CLOTHING, THE BEARD, THE BLACK GUN.
Zahn: THEN THE DETECTIVE ASKED 5-YEAR-OLD NICOLE
IF SHE REMEMBERED ANYTHING ELSE ABOUT THE MAN.
HE SAID, "HELLO, NICOLE."
DID HIS VOICE SEEM FAMILIAR TO YOU?
NO. I CAN'T SAY I RECOGNIZED HIM.
THE FACT THAT HE KNEW MY NAME HAD SCARED ME.
Zahn: THE CHILLING DETAIL
WAS A CRITICAL CLUE FOR INVESTIGATORS.
Terrell: IT WAS VERY SIGNIFICANT.
THE FACT THAT HE HAD USED THE LITTLE GIRL'S NAME
TOLD ME THAT THEY KNEW THE ASSAILANT
AND HE KNEW THEM.
[ GUNSHOT ]
Zahn: BUT WHO WOULD WANT TO KILL CARL AND CATHY
BUT SPARE THE LIVES OF HER TWO LITTLE GIRLS?
DETECTIVES GAVE CAREFUL CONSIDERATION
TO CATHY'S EX-HUSBAND, HARRY.
THEY WONDERED IF CUSTODY OF HIS DAUGHTER, NICOLE,
MIGHT HAVE BEEN A MOTIVE FOR THE CRIME.
BUT WHEN HARRY WAS QUESTIONED,
THEY LEARNED HE WAS HUNDREDS OF MILES AWAY FROM THE CRIME SCENE
ON THE NIGHT OF THE ***.
WERE POLICE ABLE TO CONFIRM HIS ALIBI?
Thomas: YES.
THEY HAD NO INDICATION THROUGH THEIR INVESTIGATION
THAT HARRY WAS IN ANY WAY RESPONSIBLE.
Zahn: AS POLICE CONTINUED TO LOOK
FOR ANYONE WHO MIGHT HAVE HELD A GRUDGE AGAINST CATHY AND CARL,
THEY LEARNED ABOUT A SERIOUS DISPUTE THE COUPLE HAD HAD
WITH A PRIVATE INVESTIGATOR NAMED LOGAN CLARKE.
JUST WEEKS BEFORE THE SHOOTING,
CATHY FIRED THE INVESTIGATOR AND REFUSED TO PAY HIM.
DID POLICE THINK THAT MIGHT HAVE BEEN A MOTIVE FOR ***?
THEY THOUGHT THAT THERE'S A POSSIBILITY
THAT THE PRIVATE INVESTIGATOR HAD THE MOTIVE
TO KILL CATHY AND CARL.
[ GUNSHOT ]
Zahn: WHEN POLICE CONFRONTED CLARKE,
HE ADMITTED THERE HAD BEEN A FALLING OUT,
BUT HE DENIED HAVING ANYTHING TO DO WITH THE SHOOTING.
I SAID, "ARE YOU OUT OF YOUR MIND?
"ARE YOU REALLY OUT OF YOUR MIND?
"DO YOU THINK I WOULD ACTUALLY KILL THEM?
"I -- WHY WOULD I DO THAT?
WHY WOULD YOU EVEN ASK ME THAT QUESTION?"
Zahn: DETECTIVES ASKED CLARKE
IF HE OWNED A REVOLVER SIMILAR TO THE *** WEAPON.
THE POLICE ASKED ME IF I OWNED GUNS.
I DID OWN GUNS. I HAD A .38.
Zahn: WHEN INVESTIGATORS TURNED UP THE PRESSURE,
CLARKE GOT ANGRY.
I TOLD THEM I NEVER FIRED A GUN AT CARL OR CATHY.
THEY OWED ME MONEY, BUT USUALLY, I LIKE MY CLIENTS ALIVE
SO THAT THEY CAN PAY THE BILL.
I WOULD HAVE NO REASON TO KILL THEM.
Zahn: CLARKE CLAIMED
HE WAS NOWHERE NEAR CATHY'S HOUSE
ON THE NIGHT OF THE ***.
WE WERE ON ANOTHER CASE,
AND I HAD NUMEROUS AGENTS TO CORROBORATE WHERE I WAS.
I TOLD THE LAW ENFORCEMENT NUMEROUS TIMES
THAT THEY WERE WASTING THEIR TIME WITH ME.
Zahn: INVESTIGATORS LOOKED INTO LOGAN CLARKE'S ALIBI
AND DISCOVERED IT WAS IRONCLAD.
DETECTIVES FEARED THEY WERE BACK TO SQUARE ONE.
BUT THEN CLARKE DROPPED A BOMBSHELL
THAT WOULD CHANGE THE COURSE OF THE ENTIRE INVESTIGATION.
CLARKE ASKED DETECTIVES IF THEY LOOKED
INTO WHY CATHY HAD HIRED HIM IN THE FIRST PLACE.
HE SAID SHE NEEDED THE PRIVATE INVESTIGATOR'S HELP
WITH AN UGLY CUSTODY DISPUTE
SHE HAD BEEN HAVING WITH HER MOTHER.
WHAT DID POLICE FIND OUT
ABOUT A CHILD-CUSTODY DISPUTE THAT CATHY WAS INVOLVED IN?
CATHY'S MOTHER HAD FILED PAPERWORK IN COURT
SEEKING VISITATION RIGHTS WITH CATHY'S KIDS.
Zahn: CLARKE SAID THE BATTLE BEGAN
RIGHT AFTER CATHY BANNED HER MOTHER
FROM HAVING ANYTHING TO DO WITH HER GRANDCHILDREN.
THE REASON --
HER MOTHER'S LIVE-IN BOYFRIEND, ERIC FAGAN,
HAD BECOME OBSESSED WITH HER 5-YEAR-OLD DAUGHTER, NICOLE.
SHE BELIEVED IN THE HEART OF HER HEART
THAT HE WAS INVOLVED IN VERY SICK THINGS.
THE THINGS THAT THEY WERE SAYING WAS VERY ALARMING.
Zahn: CATHY BELIEVED
THAT FAGAN'S DISTURBING INFATUATION WITH NICOLE
COULD HAVE LED HIM TO KIDNAP HER DAUGHTER.
ERIC WAS, WITHOUT QUESTION, OBSESSED WITH GETTING NICOLE.
CATHY WAS TERRIFIED, TERRIFIED OF HIM.
SHE FELT THAT HE WOULD STOP AT NOTHING
TO GET THE CHILDREN.
Zahn: CLARKE WAS CONVINCED THAT ERIC FAGAN WAS RESPONSIBLE
FOR THE COLD-BLOODED *** OF CATHY PATERNOSTER.
I TOLD THE SHERIFF'S DEPARTMENT INVESTIGATORS FLAT OUT
THAT IF YOU DIG INTO THIS, YOU'RE GONNA FIND OUT
THAT ERIC WAS RESPONSIBLE FOR IT.
WHEN DETECTIVES DUG DEEPER INTO LOGAN CLARKE'S STORY,
THEY DISCOVERED
THAT CATHY PATERNOSTER AND HER BOYFRIEND, CARL FUERST,
HAD PLANNED ON PUBLICLY ACCUSING ERIC FAGAN OF ABUSE
IN OPEN COURT.
CARL TOLD POLICE THAT HE BELIEVED
THE TIMING OF THE SHOOTING WAS NO COINCIDENCE.
[ GUNSHOT ]
DID ERIC FAGAN HAVE A MOTIVE TO *** CATHY AND KILL YOU?
YES.
WE WERE GONNA TAKE HIM TO COURT NOVEMBER 2nd.
AND WE NEVER MADE IT.
[ GUNSHOT ]
Zahn: CATHY WAS MURDERED
JUST THREE WEEKS BEFORE THE COURT DATE.
THE MOTIVE FOR THE CRIME WAS SUDDENLY COMING INTO FOCUS.
FAGAN WAS A PROMINENT ATTORNEY,
AND THE ALLEGATIONS OF ABUSE COULD HAVE DESTROYED HIS CAREER.
COULD THE VICIOUS ATTACK HAVE BEEN A TWISTED ATTEMPT
TO SILENCE THE ACCUSATIONS AGAINST HIM?
POLICE HAD A LOT OF QUESTIONS FOR ERIC FAGAN.
COMING UP --
POLICE ZERO IN ON A SUSPECT.
BUT DO THEY HAVE ENOUGH EVIDENCE TO BRING HIM TO JUSTICE?
HOW DID YOU DEAL WITH THE FACT
THAT CATHY'S KILLER WAS STILL ON THE LOOSE?
I SPENT A LOT OF TIME LOOKING OVER MY SHOULDER.
INVESTIGATORS HAD UNCOVERED EVIDENCE
THAT ERIC FAGAN HAD A MOTIVE TO *** CATHY PATERNOSTER.
FAGAN WAS A PROMINENT LAWYER WHO HAD BECOME OBSESSED
WITH CATHY'S 5-YEAR-OLD DAUGHTER, NICOLE,
AND CATHY WAS GOING TO GO PUBLIC WITH HIS DISTURBING BEHAVIOR.
DETECTIVES WERE DETERMINED
TO TRACK DOWN FAGAN AND GET ANSWERS.
WHEN DETECTIVES SHOWED UP TO QUESTION FAGAN,
THE 54-YEAR-OLD ATTORNEY IMMEDIATELY HIRED A LAWYER.
DID ERIC FAGAN EVER GIVE A STATEMENT TO POLICE?
NO.
HE BASICALLY TOLD THE DETECTIVES WHEN THEY WENT TO QUESTION HIM
TO TALK TO HIS ATTORNEY.
Zahn: POLICE DISCOVERED
THAT AT THE TIME OF CATHY'S ***,
ERIC FAGAN AND CATHY'S MOTHER HAD SUDDENLY BROKEN UP.
IN FACT, FAGAN HAD BEEN LIVING WITH A NEW GIRLFRIEND.
WHEN POLICE QUESTIONED FAGAN'S GIRLFRIEND
ABOUT THE NIGHT OF CATHY'S ***,
SHE APPEARED TO BE EXTREMELY NERVOUS,
AND HER ANSWERS SEEMED REHEARSED.
SHE TOLD US THAT ERIC HAD ARRIVED AT HER HOUSE
THAT NIGHT AT ABOUT 7:00.
WE ASK HER IF HE HAD LEFT AT ANY TIME,
AND SHE TOLD US THAT HE HAD LEFT TO GO TO THE STORE
AND THAT HE WAS GONE
MAYBE AN HOUR, AN HOUR AND A HALF.
Zahn: BUT AS INVESTIGATORS TURNED UP THE PRESSURE,
HER STORY BEGAN TO UNRAVEL.
AS WE QUIZZED HER MORE, SHE INDICATED
THAT SHE HAD GONE TO BED, FALLEN ASLEEP,
AND SHE REALLY WASN'T SURE WHAT TIME HE GOT BACK.
WE THOUGHT THAT THE GIRLFRIEND WAS COVERING FOR HIM.
Zahn: INVESTIGATORS DUG DEEPER.
WHEN WE SEARCHED THE GIRLFRIEND'S HOUSE,
LATEX GLOVES WERE FOUND
SIMILAR TO THE ONE THAT WAS FOUND AT THE CRIME SCENE.
[ CAMERA SHUTTER CLICKS ]
Zahn: SUSPICIONS WERE RAISED EVEN MORE
WHEN DETECTIVES CHECKED TO SEE
IF FAGAN HAD ANY GUNS REGISTERED IN HIS NAME.
DID ERIC FAGAN OWN A GUN?
ERIC FAGAN PURCHASED TWO GUNS THAT SUMMER.
Zahn: INVESTIGATORS WERE ABLE TO DETERMINE
THAT ONE OF THE GUNS WAS A .38-CALIBER REVOLVER.
BOTH CARL AND CATHY WERE SHOT WITH A .38.
[ GUNSHOTS ]
Zahn: POLICE KNEW THAT FAGAN WOULDN'T TELL THEM
ANYTHING ABOUT HIS NEW PISTOL,
SO THEY ASKED CATHY'S MOTHER TO HELP WITH THE INVESTIGATION.
THEY SECRETLY RECORDED
A CALL SHE MADE TO HER EX-BOYFRIEND
TO SEE IF HE WOULD TELL HER
THE LOCATION OF HIS .38-CALIBER REVOLVER.
Galvez: THE LINE WAS RECORDED, AND SHE ASKED HIM
ABOUT THE FIREARMS THAT HE HAD.
HE TOLD HER THAT HE DID HAVE TWO,
BUT THAT ONE WAS STOLEN.
[ TAPE REWINDS ]
AND DID HE EVER REPORT THAT TO POLICE?
Thomas: NO.
THEY ENDED UP TALKING TO A BUNCH OF HIS NEIGHBORS IN SAN DIEGO
AND ASKED THEM IF THERE WAS ANY BURGLARIES
THAT THEY KNEW ABOUT IN THE AREA,
AND ALL THE NEIGHBORS SAID NO.
Zahn: POLICE BELIEVED THAT FAGAN'S STORY ABOUT THE STOLEN GUN
WAS A LIE DESIGNED TO COVER UP THE FACT
THAT HE HAD GOTTEN RID OF IT AFTER THE ***.
THE EVIDENCE AGAINST ERIC FAGAN WAS STACKING UP.
Thomas: THEY HAD A LOT OF CIRCUMSTANTIAL EVIDENCE AGAINST HIM --
THE MISSING GUN,
THE FACT THAT HE WASN'T ABLE TO ACCOUNT FOR HIS WHEREABOUTS
FOR THE ENTIRE EVENING OF THE ***.
HE HAD MOTIVE.
WE THOUGHT WE HAD
A PRETTY GOOD CIRCUMSTANTIAL CASE,
BUT THE D.A. THOUGHT THAT WE DIDN'T.
WHILE THERE SEEMED TO BE A CONSENSUS
THAT THE CIRCUMSTANTIAL EVIDENCE AGAINST ERIC FAGAN WAS STRONG,
THE DISTRICT ATTORNEY DIDN'T THINK IT WAS ENOUGH.
WHAT DID HE THINK WAS MISSING FROM HIS CASE?
THERE WAS A LACK OF CONCRETE EVIDENCE.
THERE WAS NO PHYSICAL EVIDENCE LINKING HIM TO THE SCENE.
DID INVESTIGATORS BELIEVE
THAT ERIC FAGAN WAS GONNA GET AWAY WITH ***?
INVESTIGATORS DID BELIEVE THAT.
Terrell: I WAS UPSET.
IT WAS VERY FRUSTRATING FOR ME AS AN INVESTIGATOR.
THERE WAS NO DOUBT IN OUR MIND THAT ERIC FAGAN WAS OUR SUSPECT.
[ GUNSHOT ]
Zahn: CATHY'S FAMILY WAS TERRIFIED
THAT ERIC FAGAN REMAINED A FREE MAN.
HOW DID YOU DEAL WITH THE FACT
THAT CATHY'S KILLER WAS STILL ON THE LOOSE?
I SPENT A LOT OF TIME LOOKING OVER MY SHOULDER.
HOW TOUGH WAS IT FOR YOU TO ACCEPT THE FACT
THAT NO ONE HAD BEEN ARRESTED FOR YOUR MOTHER'S ***?
IT WAS TOUGH.
I JUST WAS CONCERNED THAT ERIC FAGAN
WOULD MAKE AN APPEARANCE IN MY LIFE AGAIN.
Zahn: INVESTIGATORS BELIEVED
THAT ERIC FAGAN WAS CATHY'S KILLER,
BUT THEY KNEW THEY NEEDED MORE EVIDENCE
IF THEY WERE EVER GOING TO BE ABLE TO PROVE IT.
[ GUNSHOT ]
COMING UP --
[ GUNSHOT ]
WAS A KNOWN KILLER WALKING THE STREETS?
IT WAS JUST SHOCKING WHEN THEY DIDN'T MAKE AN ARREST.
Zahn: WANT MORE "ON THE CASE"?
GO TO...
...AND VIEW MORE EXCLUSIVE INTERVIEWS
AND BEHIND-THE-SCENES VIDEO.
ERIC FAGAN HAD BECOME THE PRIME SUSPECT
IN CATHY PATERNOSTER'S ***,
BUT INVESTIGATORS WERE FRUSTRATED.
DESPITE AN OVERWHELMING CIRCUMSTANTIAL CASE AGAINST HIM,
THEY HAD NO PHYSICAL EVIDENCE TO PROVE
THAT HE WAS THE KILLER.
THE DISTRICT ATTORNEY BELIEVED
THAT WITHOUT THAT MISSING PIECE OF THE PUZZLE,
HE DIDN'T HAVE ENOUGH TO MAKE AN ARREST.
WHEN THE INVESTIGATION INTO ERIC FAGAN STALLED,
CATHY'S LOVED ONES WERE OUTRAGED.
THEY BELIEVED HE HAD GOTTEN AWAY WITH ***.
I THOUGHT IT WAS OBVIOUS THAT ERIC DID IT.
IT WAS JUST SHOCKING WHEN THEY DIDN'T MAKE AN ARREST.
IT WAS HEARTBREAKING.
Zahn: INVESTIGATORS THEORIZED
THAT ERIC FAGAN HAD MURDERED CATHY
AND ATTEMPTED TO KILL CARL TO COVER UP
ALLEGATIONS THAT HE WAS ABUSING
CATHY'S 5-YEAR-OLD DAUGHTER, NICOLE.
HE PROBABLY DID IT
TO PROTECT HIMSELF FOR THE ACCUSATION.
Zahn: BUT DESPITE AN EXTENSIVE INVESTIGATION,
THE DISTRICT ATTORNEY'S OFFICE COULDN'T FIND ENOUGH EVIDENCE
TO MOVE FORWARD WITH ANY CHARGES.
FAGAN REMAINED A FREE MAN.
WERE YOU SCARED OF HIM?
YEAH.
Zahn: AS MONTHS TURNED INTO YEARS,
CATHY'S FAMILY AND HER BEST FRIEND, DELLA SLAGLE,
REFUSED TO GIVE UP ON CATHY'S CASE.
AND THEIR HOPES FOR JUSTICE WERE RENEWED
WHEN THE SAN BERNARDINO SHERIFF'S DEPARTMENT
OPENED A COLD-CASE UNIT IN 2008.
I WAS AT THE SAN BERNARDINO WEBSITE.
I SAW THE COLD-CASE SECTION.
I CLICKED ON IT.
"OH, MY GOODNESS. I'M GOING TO WRITE A LETTER.
IT'S WORTH A SHOT."
I WAS HOPING THAT PERHAPS THEY WOULD FIND
THE MISSING PUZZLE PIECE.
Zahn: SERGEANT CASEY JILES WAS INTRIGUED BY DELLA'S E-MAIL.
Jiles: IT SAID, "MY NAME'S DELLA.
"MY FRIEND CATHY PATERNOSTER, SHE WAS KILLED IN 1989,
"AND WE'VE KNOWN ALL ALONG
"THAT IT WAS ERIC FAGAN WHO KILLED HER.
AND WE ASK THAT YOU GUYS LOOK INTO THIS."
Zahn: ONCE JILES LOOKED AT THE CASE FILE,
HE WAS STRUCK BY WHAT HE LEARNED.
ERIC FAGAN'S THE ONLY PERSON THAT HAD MOTIVE TO KILL CATHY,
AND HE HAD A VERY CLEAR, STRONG MOTIVE.
Zahn: SERGEANT JILES BELIEVED
THAT A TREMENDOUS INJUSTICE HAD BEEN DONE.
THE FACT THAT HE HAD BEEN RUNNING AROUND,
LIVING HIS LIFE WITHOUT PAYING FOR WHAT HE DID,
IT REALLY WEIGHED ON ME.
I WAS DETERMINED TO SOLVE THIS.
Zahn: SERGEANT JILES TOLD DELLA THAT HE WOULDN'T REST
UNTIL CATHY'S KILLER WAS BEHIND BARS.
HE ACTUALLY CARED.
HE GENUINELY CARED ABOUT SOLVING THIS.
WHEN YOU LEARNED THAT YOUR MOTHER'S *** CASE
HAD BEEN REOPENED,
WHAT WAS YOUR REACTION?
I DEFINITELY WAS HAPPY
THAT SOMEONE WAS TAKING A NEW LOOK AT THIS,
BUT IT WAS STILL A LITTLE SCARY
BECAUSE NOW WE'RE REOPENING NOT JUST A CASE, BUT OLD WOUNDS.
Zahn: THE COLD-CASE TEAM STARTED
BY RE-INTERVIEWING EVERYONE INVOLVED
WITH THE ORIGINAL INVESTIGATION, INCLUDING ERIC FAGAN'S SON.
THE YOUNG MAN TOLD DETECTIVES ABOUT A STRANGE INCIDENT
THAT HAD TAKEN PLACE IN THE DAYS LEADING UP TO CATHY'S ***.
ONE DAY, THEY WENT TO LUNCH TOGETHER,
AND THEY HAPPENED TO WALK PAST A COSTUME STORE.
HIS FATHER WENT INSIDE, HE FOLLOWED HIM IN,
AND WATCHED HIS FATHER PURCHASE A BIG, FAKE BEARD.
Zahn: BUT IT WAS WHAT HIS FATHER SAID TO HIM
AFTER BUYING THE BEARD THAT STAYED WITH HIM.
HE ASKED HIS FATHER, "WHY ARE YOU PURCHASING THIS FAKE BEARD?"
AND HIS FATHER TOLD HIM THAT IT WAS TO KIDNAP NICOLE.
WAS HE ABLE TO DESCRIBE
THE FAKE BEARD THAT HIS FATHER BOUGHT?
YES.
WE SHOWED HIM SOME PHOTOGRAPHS OF A BEARD
THAT HAD BEEN PURCHASED BACK IN '89 FROM THAT SAME COSTUME SHOP,
AND HE IDENTIFIED THAT AS BEING A SIMILAR-TYPE BEARD
AS TO WHAT HIS FATHER HAD BOUGHT.
Zahn: INVESTIGATORS PRESSED FAGAN'S SON FOR MORE INFORMATION.
THEY ASKED HIM IF HE REMEMBERED A SUSPICIOUS, UNREPORTED ROBBERY
THAT HAD TAKEN PLACE AT HIS FATHER'S HOME --
THE ONE IN WHICH HIS FATHER'S .38-CALIBER REVOLVER
HAD BEEN CONVENIENTLY STOLEN.
DETECTIVES HAD NEVER BELIEVED ERIC FAGAN'S STORY.
ERIC'S SON WAS LIVING WITH HIM AT THE TIME.
HE CERTAINLY DIDN'T KNOW OF ANY BREAK-IN
TO WHERE THEY WERE LIVING,
AND HIS DAD NEVER SAID A WORD ABOUT THIS SUPPOSED BREAK-IN.
Zahn: THE INFORMATION FAGAN'S SON GAVE HIM
PIQUED SERGEANT JILES' INTEREST.
BUT IT WAS ONE OF THE FIRST CLUES
THE ORIGINAL INVESTIGATORS HAD FOUND
THAT HE HOPED WOULD BREAK THE CASE WIDE OPEN.
Jiles: ONE PIECE OF EVIDENCE THAT STOOD OUT
WAS A LATEX GLOVE THAT WAS FOUND
DOWN THE STREET FROM THE CRIME SCENE
WHERE WITNESSES SAW THE SUSPECT RUNNING.
Zahn: IN THE 19 YEARS SINCE THE CRIME HAD TAKEN PLACE,
DNA HAD BECOME THE GOLD STANDARD IN FORENSIC SCIENCE.
BY 2008, TESTING COULD ANALYZE
EVEN THE SMALL AMOUNT OF GENETIC MATERIAL
THE KILLER HAD LEFT INSIDE THE LATEX GLOVE
FOUND NEAR THE PATERNOSTER CRIME SCENE.
INVESTIGATORS USED THAT SAMPLE
TO CREATE A DNA PROFILE OF CATHY'S KILLER.
POLICE GOT A WARRANT FOR FAGAN'S DNA
TO SEE IF IT WAS A MATCH,
AND WHEN SERGEANT JILES
SHOWED UP AT HIS DOOR TO COLLECT IT,
FAGAN WAS BRASH ENOUGH TO TALK WITH HIM.
HE FIGURED HE COULD TALK HIS WAY OUT OF IT,
BECAUSE ESSENTIALLY, HE HAD GOTTEN OUT OF IT THE FIRST TIME,
BUT AT THE SAME TIME, I COULD TELL
THE WHEELS WERE SPINNING IN HIS HEAD.
HE WAS DEFINITELY NERVOUS THAT WE WERE BACK.
DO YOU THINK THAT FAGAN BELIEVED
HE WOULD NEVER BE ARRESTED FOR CATHY'S ***?
I THINK HE BELIEVED THAT TIME HAD GONE BY,
AND HE BELIEVED HE HAD GOTTEN AWAY WITH ***.
Zahn: WOULD FAGAN'S DNA BE A MATCH TO THE LATEX GLOVE
THE KILLER HAD LEFT BEHIND AFTER THE VICIOUS ATTACK?
[ GUNFIRE ]
IT APPEARED THE ENTIRE INVESTIGATION HINGED
ON THE RESULTS OF THE TESTING.
PROFILE MATCHED ERIC FAGAN.
WHAT WAS YOUR REACTION WHEN YOU LEARN
THAT FAGAN'S DNA HAD BEEN FOUND ON THE LATEX GLOVE?
I WAS ECSTATIC.
THIS WAS GONNA SEAL THE CASE.
YES.
THIS WAS THE LONG-LOST MISSING PIECE THAT WE NEEDED
TO REALLY PUT THE PUZZLE AND TIE EVERYTHING TOGETHER.
Zahn: ON OCTOBER 21, 2009,
CATHY'S DAUGHTERS FINALLY HEARD THE WORDS
THEY HAD BEEN LONGING TO HEAR FOR 20 YEARS.
ERIC FAGAN HAD BEEN ARRESTED
AND CHARGED WITH THEIR MOTHER'S ***.
WHAT WENT THROUGH YOUR MIND?
RELIEF. IT WAS ABOUT TIME.
Carla: I STARTED CRYING INSTANTLY.
I HAVE NEVER HAD THAT MANY EMOTIONS ALL AT ONCE.
Zahn: ON NOVEMBER 13, 2012, THE TRIAL OF ERIC FAGAN BEGAN.
WHAT DO YOU THINK WAS THE MOST COMPELLING EVIDENCE
YOU HAD AGAINST ERIC FAGAN AT TRIAL?
WE HAD THE MOTIVE, WE HAD THE OPPORTUNITY,
AND WE HAD THE DNA ON THE GLOVE.
Zahn: BUT ERIC FAGAN STILL HAD
ONE MORE CRUEL TRICK UP HIS SLEEVE.
ON THE DAY NICOLE WAS SET TO TAKE THE STAND,
FAGAN MADE A MOVE THAT SHOCKED THE ENTIRE COURTROOM.
Thomas: FAGAN ANNOUNCED TO THE COURT
THAT HE WANTED TO FIRE HIS ATTORNEY
AND REPRESENT HIMSELF.
Zahn: FOR YEARS, FAGAN HAD BEEN A SUCCESSFUL LOCAL ATTORNEY,
BUT HIS MOTIVATION FOR REPRESENTING HIMSELF
APPEARED TO HAVE NOTHING TO DO WITH HIS LEGAL PROWESS.
WHY DID YOU THINK HE HAD FIRED HIS ATTORNEY MID TRIAL?
THAT DAY WAS THE DAY THAT NICOLE WAS GONNA TESTIFY,
AND I THINK THAT HE WANTED TO BE THE ONE TO QUESTION NICOLE.
I WAS SHOCKED.
WHAT WAS YOUR REACTION WHEN YOU FOUND OUT
THAT ERIC FAGAN WAS GONNA REPRESENT HIMSELF
AND HE WAS GOING TO BE THE ONE
TO QUESTION YOU IN THE COURTROOM?
DISGUSTED.
I FELT DISGUSTED THAT HE WOULD DO THAT.
IT WAS ALMOST LIKE VICTIMIZING THE VICTIM AGAIN.
Zahn: NICOLE BRACED HERSELF FOR HER DAY IN COURT.
SHE WOULD BE FACE-TO-FACE
WITH THE MAN WHO MURDERED HER MOTHER --
A MAN WHO HAD TERRORIZED HER AS A CHILD.
I DIDN'T WANT TO DO IT OR BE THERE,
BUT I WANTED TO ON BEHALF OF MY MOM.
HOW IMPORTANT WAS IT FOR YOU TO GET JUSTICE FOR YOUR MOM?
VERY IMPORTANT. SHE DESERVED IT.
Zahn: WHEN NICOLE CONFIDENTLY TOOK THE STAND,
IT WAS CLEAR THAT FAGAN'S PLAN BACKFIRED.
ONCE I GOT IN THERE, I WASN'T SCARED OF HIM ANYMORE.
Zahn: IN A LAST-DITCH EFFORT TO SAVE HIMSELF,
ERIC FAGAN TESTIFIED IN HIS OWN DEFENSE.
HE DESPERATELY TRIED TO EXPLAIN AWAY THE EVIDENCE.
WHAT DID ERIC FAGAN SAY?
HE BASICALLY TRIED TO CONVINCE THE JURY
THAT WE HAD THE WRONG GUY.
ERIC FAGAN WAS OVER CONFIDENT AND ARROGANT WHILE ON THE STAND.
HIS STORY WAS FULL OF HOLES.
[ GUNSHOT ]
Zahn: ON DECEMBER 21, 2012, 78-YEAR-OLD ERIC FAGAN
WAS FOUND GUILTY OF MURDERING CATHY PATERNOSTER
AND ATTEMPTING TO *** CARL FUERST.
HE WAS SENTENCED TO 30 YEARS BEHIND BARS.
Khinoo: WE ALL STARTED CRYING. IT WAS --
WE FINALLY GOT JUSTICE AFTER ALL THAT TIME.
HOW RELIEVED WERE YOU?
RELIEVED. VERY EMOTIONAL.
IT WAS WHAT WE WERE LOOKING FOR.
Zahn: TO THIS DAY, CATHY'S DAUGHTER, NICOLE,
IS DEEPLY TROUBLED BY THE MOTIVE FOR ERIC FAGAN'S ACTIONS.
WHAT HAUNTS YOU THE MOST ABOUT YOUR MOTHER'S ***?
I FEEL A LITTLE GUILTY
ONLY BECAUSE OF THE OBSESSION THAT ERIC HAD FOR ME.
HOW WOULD YOU DESCRIBE ERIC FAGAN?
A MONSTER.
DO YOU THINK HE'LL EVER SHOW ANY REMORSE FOR WHAT HE DID?
HE NEVER HAS, SO HE PROBABLY NEVER WILL.
CATHY'S DAUGHTERS HAD OVERCOME
AN EXTREMELY TRAUMATIC CHILDHOOD.
WHERE DO YOU THINK THEY FOUND THE STRENGTH
TO MOVE FORWARD WITH THEIR LIVES?
I THINK THEY PICK UP THEIR STRENGTH
FROM THEIR MOTHER.
WHAT DO YOU WANT CATHY'S DAUGHTERS
TO REMEMBER ABOUT THEIR MOM?
THAT SHE REALLY CARED AND LOVED THEM,
AND SHE WAS WILLING TO DO ANYTHING
TO MAKE THEIR LIVES GOOD.
DO YOU THINK ABOUT YOUR MOM MUCH?
SHE'S IN MY MIND EVERY DAY.
Carla: I REALLY WOULD'VE LOVED TO HAVE THE OPPORTUNITY
TO KNOW WHAT IT WOULD HAVE BEEN LIKE
TO HAVE MY MOM AROUND.
CARL FUERST STILL HAS A DAILY REMINDER
OF THE VICIOUS ATTACK HE SUFFERED
AT THE HANDS OF ERIC FAGAN.
ONE OF THE BULLETS HE WAS HIT WITH THAT NIGHT
REMAINS LODGED UNDER HIS ARM.
DOCTORS CAN'T REMOVE IT
BECAUSE THEY FEAR THAT MIGHT CAUSE PARALYSIS.
I'M PAULA ZAHN.
JOIN US AGAIN NEXT TIME WHEN WE'RE BACK ON THE CASE.