A California teen is strangled and buried alive. Inside her family's fight to keep her killers in prison.
It was Sept. 18, 2003 when Justine Vanderschoot's remains were discovered in a remote location more than two weeks after she disappeared. But it's in the garden outside her bedroom window where her parents Don and Lynnette still come to find her.
Lynnette Vanderschoot: It's … 21 years since we've lost Justine … but it's still very fresh in our mind.
Mementos of their youngest child and condolence flowers that poured in after her death are now permanently rooted here.
Lynnette Vanderschoot: We call this Justine's Garden.
At the center is a towering dogwood tree — a reminder of her favorite trips to the Sierra mountains and a sobering measure of how long she's been gone.
Lynnette Vanderschoot (in Justine's Garden) When we celebrated the 17th anniversary, Christine said she's been gone as long as she was here on earth.
Justine's older sister Christine sums up what those years have been like for her in one word.
Christine Vanderschoot: Lonely. She was my best friend …We were only 18 months apart … We did pretty much everything together since day one.
Natalie Morales: How would you describe Justine? What was her personality?
Christine Vanderschoot: Vibrant, charismatic, just life of the party … She … made you laugh every time she'd say something.
Don Vanderschoot: She was a spark in our household that's for sure.
Lynnette Vanderschoot: Little firecracker (laughs) … Cheerleader, baseball, soccer. She was always on the go.
At 17, Justine was on the verge of graduating high school and wanted to pursue a career in fashion and beauty.
Natalie Morales: Did she know what she wanted to do in life after high school?
Christine Vanderschoot: She would sew and design her own shirts and shoes. … She had to stand out and … that was what she wanted to do for other people was make them stand out and feel beautiful.
A FAMILY'S FIGHT BEGINS
Instead, her family is now forced to grapple with her murder and its aftermath.
Don Vanderschoot: I don't ever want to forget about her, but I don't want to be reminded of what happened.
Natalie Morales: But it's not so easy to just pack it up and put it away, right?
Don Vanderschoot: No, it's not.
In fact, the Vanderschoots say it remains an open wound thanks to ongoing efforts by Justine's convicted murderers — Danny Bezemer and Brandon Fernandez— to get out of prison.
Retired Placer County Sheriff Ed Bonner.
Ed Bonner: Including parole hearings … I think the Vanderschoots have been back to court seven times … the last seven years, always facing the possibility.
It's hard to imagine that both men were once welcome in the family's home. First came Brandon.
Christine Vanderschoot: I believe it was probably seventh or eighth grade that I started to become friends with him.
A few years later, he introduced the Vanderschoots to his friend Danny.
Christine Vanderschoot: It was actually at a birthday party for me … We had a pool party. … And Danny was actually coming to the house to meet me.
But it was Danny and Justine who clicked. And while she was only 15 and he was about 17, they quickly became serious.
Christine Vanderschoot: From that party on, they were always — always together.
Natalie Morales: They … even talked about perhaps getting married, is that right?
Christine Vanderschoot: Yeah … they were very serious. … he became kind of like a fixture in our family.
Christine Vanderschoot: His dad wasn't really in the picture … and he didn't really have a mom. So to come into our household and see how a real family was, I think that was something that he was attracted to as well.
The Vanderschoots offered Danny the support and stability of a happy family life.
Christine Vanderschoot: I considered him like a brother almost.
THERE WERE WARNING SIGNS
Don even got Danny his first real job working with him at an auto dealership, and his own key to the house. But looking back, the Vanderschoots now see red flags they didn't recognize then.
Don Vanderschoot Controlling.
Christine Vanderschoot: Telling her who she could see and who she couldn't … monitoring her texts and her cellphone calls. … her frustrations were really starting.
Lindsey Morris was Brandon's girlfriend and says Justine confided in her about problems with Danny.
Lindsey Morris: He was so jealous and very possessive over her. She couldn't go out and hang out with friends without him freaking out and getting upset, and pouting. … She even said, "I don't know if I break up with him … if he'll ever really let me go."
Christine Vanderschoot: Towards the end … she was trying to pursue certain things … he was trying to hold her back from … he didn't want anything to change.
Natalie Morales: And she was sort of growing up and maybe growing apart from him at that point?
Christine Vanderschoot: Yes. I think so.
Retired Placer County Detective Angela Ford says Danny's fears of Justine leaving him reached a fever pitch in April of 2003, when Justine met someone during a spring break trip to Florida.
Angela Ford: Justine had developed a friendship with a Navy sailor there at Pensacola.
Natalie Morales: Did she tell you about the man she met in Florida?
Lynnette Vanderschoot: She did. … she liked him. … I think it kind of opened her eyes.
Angela Ford: When Justine came back, she was definitely talking about this guy. … And telling all of her friends about how amazing he was, and how attractive he was, and how she wished she could spend more time with him. … Danny had gotten wind of this.
Christine Vanderschoot: He thought he was losing her.
And they say Danny became consumed with the idea that Justine was cheating on him.
Lindsey Morris: Danny had asked me would I be willing to wear a wire so I can get her to confess this. … He wanted the proof. I told him, absolutely not.
And there was another troubling dynamic among Justine, Danny and Brandon.
Angela Ford: Once Justine came into the relationship, their friendship wasn't the same as it was before.
Justine believed Brandon was a serial cheater and a bad influence, so she gave Danny an ultimatum – him or her. Danny and Brandon lost touch for about a year, but by late 2002, they reconnected and decided to become roommates.
Natalie Morales: It was a triangle that was sort of toxic at that point.
Christine Vanderschoot : Exactly. Um, and it kind of really fueled when Danny and Brandon moved in together.
Justine continued to be a thorn in Brandon's side.
Lindsey Morris: Brandon hated Justine with a passion … would constantly say … that she was a whore, and that she would — manipulated Danny.
In 2003, a few days before Labor Day, Justine attended a party at Danny and Brandon's apartment.
Lindsey Morris: We sat … on the front porch, just talking … And we both agreed … that we were gonna get rid of these guys … and that we wanted a fresh start … and that we could do better.
Ed Bonner: Justine was getting ready to go to the next stage. Danny was not going to allow it.
SEARCHING FOR JUSTINE VANDERSCHOOT
In the early morning hours of Tuesday, Sept. 2, 2003, Lynnette Vanderschoot found her daughter's bedroom empty and her truck gone from their driveway.
Ed Bonner: This was so uncharacteristic of their daughter, so different from any behaviors in the past.
[KOVR News report] LYNNETTE VANDERSCHOOT (showing Justine's purse): She has no money, no ATM, no credit card, no — no identification on her at all.
Justine's family frantically turned to the community for help.
Ed Bonner: The Vanderschoots … passionate … and they got organized.
[KOVR News report] CHRISTINE VANDERSCHOOT (holding missing poster): This is my sister. She's been missing since Tuesday.
Don Vanderschoot: We went through all of Auburn hanging the missing poster flyers, tying the pink ribbons around 'cause pink was her favorite color.
[KOVR News report] LYNNETTE VANDERSCHOOT: Justine, we love you. We're all out looking for you … Please call us and let us know you're OK.
Pretty soon, everyone was looking for Justine. Some searchers wore T-shirts with Justine's photo and reward information printed on them.
Natalie Morales: Was Danny assisting in any of these search efforts in the beginning?
Angela Ford: Danny showed up a number of times and he would wear the T-shirts … he seemed really concerned.
The first break in the case came when Justine's truck was located at a park and ride about five miles from the Vanderschoot home.
Ed Bonner: Once we had that, then our belief was that, you know, she was not far.
Matt Scribner was out riding his horse when he saw searchers gathered at the park and ride. Like many in the area, he had seen reports of Justine's disappearance.
Matt Scribner: I thought, well, they might be searching this area because at the time … there was a direct access from the park and ride to this area.
A week earlier, he had seen a freshly dug hole along the trail. But as he rode through again this time —
Natalie Morales: Did you notice anything different?
Matt Scribner: The hole was not there anymore. … There was debris over the top of it.
But the significance of that would not become clear until later.
Matt Scribner: I wasn't thinking like that.
Natalie Morales: Nobody thinks like that.
As the search continued, Placer County District Attorney Morgan Gire says investigators considered the possibility that Justine had left the state.
Morgan Gire: The park and ride is located on a very busy interstate, Interstate 80 that runs the — the length of our country. … We have a car that is locked and looks as if it was left intentionally. … did she meet someone there and jump on the freeway?
Danny had told detectives early on about the Navy man Justine had met in Florida.
Angela Ford: Danny was actually one of the first people to say well, maybe she's off in Florida because there's some guy she likes in Florida.
Ed Bonner: You have to assume everything's possible. … Our detectives made contact with the Naval Intelligence Service. … They tracked him down right away. Boom.
Angela Ford: They did … an extensive interview with him … And it was determined that he didn't have anything to do with her disappearance.
Ed Bonner: Danny, however, kept throwing that out there.
Danny told the media about a strange call he had received.
[KOVR News report] DANNY BEZEMER: There's been an inquiry to my credit in Florida. Someone tried to get a credit card there and I'm really hoping it's Justine.
Her loved ones clung to the hope that she was still alive, and thought she was possibly being held against her will.
Meanwhile, Danny appeared to be the distraught boyfriend on the local news.
DANNY BEZEMER | KOVR News report: Two-and-a-half years of my life have been devoted to that girl. And now that part of my life is gone.
Holding a photo of Justine and an engagement ring appraisal, he made his own plea.
[KOVR News report] DANNY BEZEMER: She means more to me and her family than she does to you. And whoever it is needs to just let her go and let her come home.
But suspicion was growing around Danny, and friends were coming forward about his toxic relationship with Justine.
Ed Bonner: Danny's possessive. He's jealous … he's angry. … he believes Justine is cheating on him. He's angrier, and all those things begin to roll.
Detectives also began looking deeper into his relationship with Brandon.
Ed Bonner: As we interviewed more and more people, find these guys were together … Generally, what they did, they did together.
Morgan Gire: By most accounts, Danny sort of looked up to Brandon. Brandon was known to be smart, somewhat cunning … He sort of had an edge to him.
They had some things in common, like juvenile brushes with the law.
Morgan Gire: Danny Bezemer had a history of thefts, burglaries, possession of stolen property … Brandon Fernandez had been prosecuted … for, essentially, computer hacking …
Lindsey Montoya: For somebody who was a total geek, he was very, very confident in himself. … Danny was more of a follower.
And detectives learned they shared a disturbing fixation with murder.
Ed Bonner: They talked about killing people. … They talked about disposing the bodies … beating polygraphs … well before the disappearance of Justine Vanderschoot.
Lindsey Montoya: He had told me … there's a couple spots where if I ever wanted to kill you, nobody'd ever find you. … This was … something he had just said as a joke …
Brandon had created a website ranking levels of violence.
Ed Bonner: He had … pictures of people dead, dying.
Morgan Gire: Things that give you chills up the back of your neck.
Natalie Morales: One of the levels discussed thinking about committing some form of violence, but not doing it. Another level talked about committing the violence contemplated on an animal. I mean, that's not normal behavior for a young man.
Morgan Gire: It is not normal behavior. And it is certainly consistent with those who find value and thrill in killing other human beings.
Investigators questioned Danny and Brandon throughout the investigation. Both of them said they had spent the evening alone together in their apartment.
Ed Bonner: The fact that each boy was the other's alibi is a red flag.
And that wasn't the only red flag. As detectives retraced Justine's last steps, they knew her cellphone shut off in the area where her truck was found. But then, they found something very interesting.
Ed Bonner: They got the last two incoming phone calls to her on the night she was murdered. They were both from Brandon Fernandez.
THE FBI ASKS BRANDON FERNANDEZ A KEY QUESTION
As the search for Justine Vanderschoot entered its third week, there was no sign of the missing teen — alive or dead.
Ed Bonner: We had no body. We didn't have a lot.
Sheriff's detectives decided to up the ante. They enlisted the help of the FBI to interview Danny and Brandon again.
Ed Bonner: We needed to separate them, number one, but to have one roll on the other.
On Sept. 17, 2003, detectives questioned Danny Bezemer at sheriff's headquarters.
DET. PIAZZA (sheriff's interview): Tell me why you didn't do it?
DANNY BEZEMER: Because I was sleeping.
The same afternoon, Det. Angela Ford and FBI Agent Jeff Rinek and his partner drove Brandon Fernandez from his job to the FBI building in Sacramento.
Natalie Morales: Did he seem nervous? I mean –
Agent Jeff Rinek: No.
Natalie Morales: — when the FBI shows up at your job and wants to talk to you.
Agent Jeff Rinek: He didn't seem nervous. … He seemed like he had nothing to hide.
Brandon told the agents he had Jet Skied all day with co-workers and after going home he went out to run an errand because he wasn't feeling well.
BRANDON FERNANDEZ (FBI interview): I went down to, uh, get a V8 Juice … I had the flu at this point.
He said he got pulled over for running a stop sign and accidentally called Justine – twice.
BRANDON FERNANDEZ (FBI interview) Justine's cellphone's right next to my girlfriend's number.
He said he returned home and went to bed. Brandon said Danny had also been home, after having dinner with the Vanderschoots. But the agents were about to catch Brandon in a big lie.
Ed Bonner: Danny and Brandon first said no, we were by ourselves. Well, no, it turns out that they weren't.
Sheriff's detectives had received a tip from Brandon's cousin, Clayton Cole. He told them that he and a friend had stayed at Brandon and Danny's place the night Justine went missing and saw them leave.
Angela Ford: And they knew that Danny and Brandon didn't come back until much later.
AGENT JEFF RINEK (FBI interview): We're gonna play something to you.
BRANDON FERNANDEZ: What is this?
Morgan Gire: What Brandon didn't know is that the investigators … had … a recorded phone call …
After receiving that tip, detectives had asked Clayton to call Brandon and recorded the conversation.
CLAYTON COLE (on recorded call): I talked to my dad about this whole Justine thing, and I have to go to the cops today …
On the call, Brandon repeatedly told Clayton to lie to police, and to say that Clayton and his friend weren't there that night.
BRANDON FERNANDEZ (on recorded call): … dude. Look, if you, seriously, like if, if you guys say anything different than that, it f**** us bad.
Angela Ford: And at that point … he knew we had a lot more information …
With Brandon now rattled, Rinek asked a key question.
AGENT JEFF RINEK (FBI interview) Have you ever seen anyone die? Brandon ...
BRANDON FERNANDEZ: Yes. (Brandon hangs his head)
Agent Jeff Rinek: He went white.
Brandon broke and admitted he knew where Justine was. But first, he said he needed protection — from Danny.
BRANDON FERNANDEZ (FBI interview): Can you take me somewhere safe? … Can you bring my girlfriend somewhere safe?
Natalie Morales: He wants to tell you a little bit more, but he's pointing it towards Danny.
Agent Jeff Rinek: It's all towards Danny. … I had nothing to do with it.
BRANDON FERNANDEZ (FBI interview) He's scary intelligent … He has built everything in lies. He is a great actor … he's a monster.
AGENT JEFF RINEK: How long was it planned to hurt Justine?
BRANDON FERNANDEZ: Long … He had planned it forever, almost.
Brandon told them he knew Danny had tapped Justine's phone to catch her cheating and confront her.
BRANDON FERNANDEZ (FBI interview) I didn't know what was gonna happen ...
But Brandon insisted he had no idea Danny would seek revenge that night. He says as far as he knew they were just going to meet up with Justine to steal marijuana plants from a farm. He now said those calls to Justine's phone were him trying to get a hold of Danny to back out.
Angela Ford: And … Danny said, "no, man, you need to come up here."
Brandon said he met up with Danny and Justine at the park and ride around midnight and they got in his car -- with Danny giving directions. When he parked, he said Danny wanted to talk to Justine alone, so he walked away for a bit.
BRANDON FERNANDEZ (FBI interview): I went down this hill … I was looking around and I figured oh, he's still up there for a while.
After a few minutes, he says he heard the car horn followed by a scream. He hurried back to find Danny had strangled Justine — his hands still around her neck and a taser next to her lifeless body.
BRANDON FERNANDEZ (FBI interview): He looked at me, he just was psycho. His eyes were just bulging out and he was laughing … he was saying "I win, I win."
Brandon said those words were in reference to a song called "The Game" that Danny had playing on a loop in Brandon's car, a soundtrack to her murder.
Morgan Gire: The lyrics detail … a girlfriend's infidelity and her ultimate murder by her boyfriend. … and interspersed with that song are vignettes of Justine's own words as she's talking either to another boy or about another boy.
Natalie Morales: And some of the lyrics — just excruciating. … "You always wanted people to remember you. … don't you know your wish is coming true today? Another victim dies tonight." The fear that she must have faced.
Morgan Gire: I can only imagine … If you saw it in a movie, you probably wouldn't believe it.
Even though Brandon had initially said Justine was dead when he made it back up the hill, his story began to evolve.
Agent Jeff Rinek: What he was doing was … slowly putting himself at the scene of the death.
AGENT JEFF RINEK (FBI interview): Did you hear her exhale?
BRANDON FERNANDEZ: Yes. … It was like, it was like a -- a really screwed up breath … it -- it like kept happening …
Morgan Gire: According to Brandon, she was still alive at that point. And also according to Brandon, she was already dead at that point. His own statements internally are inconsistent and demonstrate where he's trying to lie to get out of this.
Brandon said Danny removed her clothing and put her in a grave they dug that night and poured a liquid over her to decompose the body. He says he prayed for it to end.
BRANDON FERNANDEZ (FBI interview) I said "Please, just go."
AGENT JEFF RINEK: You wanted her to die so it'd be over.
BRANDON FERNANDEZ: I thought she might have still been alive but he was gonna do something more brutal if she was.
Agent Jeff Rinek: He's watching her die.
Natalie Morales: And he's not helping her.
Agent Jeff Rinek: And he's not helping her, no.
But Brandon said he was scared Danny would kill him, too.
BRANDON FERNANDEZ (FBI interview): He made me bury her and he made me promise and say that I was his brother … that I would never say anything. And he said he would kill himself … or others. … and then he had mentioned my girlfriend and Justine's family. He said he was gonna take them out next.
After a four-and-a-half-hour interview, Brandon agreed to take them to the scene.
Angela Ford (at crime scene): … It was about 9:30 at night.
Natalie Morales: So dark, walking through this. I can only imagine.
Angela Ford: Yes … When we first pulled up to come here, there was something shiny on the ground … It was a piece of her jewelry. It was two little cherries put together.
A few yards away, in a clearing among the trees, her grave lay hidden under an old mattress.
SGT. MCDONALD: Danny?
DANNY BEZEMER: Yes.
SGT. MCDONALD: I'm Sergeant McDonald … I wanna show this to you ...
It wasn't long before detectives informed Danny — who said very little during his six-hour interrogation — that they'd found the gravesite.
SGT. MCDONALD: I just got back from there. … Guess who took us there … and guess who he's blaming for the whole thing?
The next morning, a team of investigators digging through the hard clay dirt, unearthed Justine Vanderschoot's remains.
Ed Bonner: There's a relief and then there is pain.
Danny and Brandon were both arrested and charged with Justine's murder. After two-and-a-half weeks, the search was finally over. But justice would prove elusive.
DANNY BEZEMER TELLS A DIFFERENT STORY
Christine Vanderschoot: I drove home … And … I see the chaplain, and I see detectives and my mom's crying … my dad said "your sister's not coming home" … I passed out, literally.
Natalie Morales: And it's still hard to relive that moment.
Christine Vanderschoot: Yeah.( Christine's eyes well up with tears)
On Sept. 18, 2003, Justine's family shared their heartbreak with the community.
Ed Bonner: I almost sensed Lynnette just crumbling. And I put my hand on her shoulder. I just kind of propped her up. … And … we announced that, uh, this family's worst fears had come true.
[KOVR News report] KURTIS MING: Danny Bezemer and his roommate, Brandon Fernandez were arrested Wednesday.
[KOVR News report] DON VANDERSCHOOT (Christine and Lynnette next to him, in tears): If the … two gentlemen that are in custody now … are responsible for this … uh, they need to burn in hell.
Detectives interviewed Danny Bezemer again and told him they needed information about Brandon Fernandez's role in the murder.
DET. PIAZZA (sheriff's interview | 9/18/2003): Just talk about Brandon, don't talk about Danny.
Believing Brandon has a deal with the FBI, Danny tried to haggle.
DANNY BEZEMER (sheriff's interview | 9/18/2003): How can I get the same, what Brandon's got right now?
DET. PIAZZA: Listen … I don't have the authority to play "Let's Make a Deal," OK?
Ultimately, he broke down and started talking.
DANNY BEZEMER (sheriff's interview |9/18/2003): I really want to tell you everything, I do. (crying)
Danny admitted he had started to strangle Justine, but then --
DANNY BEZEMER (sheriff's interview | 9/18/2003): She said four words that just changed my mind … Those words were, "Danny, I love you." (crying)
But, he said Brandon was the one who encouraged him to keep going.
DANNY BEZEMER (sheriff's interview | 9/18/2003):): He tells me "It's too late now. It's already attempted murder."
Danny admitted he had poured drain cleaner over Justine's body but said Brandon had poured it down her throat.
Angela Ford (with Morales at the crime scene) There was a black tarry substance on top of her, and then after the autopsy, there was a black tarry substance inside of her lungs …
Justine's official cause of death was listed as homicidal violence. But further testing suggested she had also ingested dirt.
Morgan Gire: There is no other way. … To be that far down and into the bronchial canals means she inhaled it. She was alive.
Taking into consideration the family's wishes to avoid a painful prolonged trial, prosecutors at the time offered a plea deal. As a condition of his plea agreement, Danny spoke with detectives again and gave new details about Brandon's role.
Natalie Morales: What was the story he started to tell?
Morgan Gire: Danny tells a story, ultimately that involves Brandon as the mastermind … Brandon … is claiming he is merely a victim of circumstance … And he panicked … and participated in the cleanup and the getaway.
Natalie Morales: So we know the truth lies somewhere in the middle …
Morgan Gire: It really does. And Brandon does a pretty good job of incriminating Danny. And Danny does a pretty good job of incriminating Brandon …
In 2005, Danny Bezemer pleaded guilty to first-degree murder in exchange for a sentence of 25 years to life. Brandon Fernandez pleaded to second-degree murder and received 15 years to life.
DON VANDERSCHOOT (to reporters outside the courthouse in 2005): A piece of justice was served. … At least we can put some of this behind us.
Morgan Gire: Part of their plan was to … receive a life sentence that allowed them to at least become eligible for parole, and maybe have a chance someday.
Justine's family made it their mission to ensure that would never happen.
Brandon Fernandez came up for parole in 2017 and was denied.
Christine Vanderschoot: Every time they get denied … that's justice for her.
The family breathed a sigh of relief, but their lives would soon be upended once again.
Morgan Gire: In 2018, California changed the law of murder … In 2020, Brandon Fernandez filed a petition to get out of his murder conviction based on the new law.
The new law reduced the fault of defendants who didn't actually do the killing, like a getaway driver. Brandon wanted to have his life sentence for second-degree murder thrown out and to be resentenced as an accessory after the fact.
Lynnette Vanderschoot: He still has not taken any responsibility … He's guilty just as much as Danny.
Brandon's defense attorney Steve Defilippis maintains his client was only guilty of being taken in by Danny's schemes.
Steve Defilippis: Clearly Brandon was … in the wrong. … he shouldn't have participated in … the cover up of this, and that's what he did. … And absolutely he should be convicted of that. … But … shouldn't be held responsible for a murder.
A judge presiding over the resentencing case in 2020 denied Brandon's motion. But that ruling was reversed by the court of appeals and sent back due to yet another shift in the legal standard. Both sides would now have to fight it out in court in an evidentiary hearing.
Morgan Gire: We had to call all of the witnesses, and we had to prove Mr. Fernandez's guilt …
Steve Defilippis: The district attorney has to prove the case beyond a reasonable doubt. And the judge has to make findings beyond a reasonable doubt.
In May 2024, it would be up to Deputy DA Tim Weerts to prove that Brandon Fernandez helped plan and carry out Justine's murder.
Tim Weerts: Once they started kicking this idea around they – they built off each other.
His key witness was Danny Bezemer, who, over several days, testified how he and Brandon Fernandez were "two pillars" in the plot to lure Justine to her death.
Tim Weerts: Danny talks about how he doesn't wanna let Brandon down when they're out there digging the grave. … And Brandon says, this better not be for nothing.
Danny described how he and Brandon assumed different responsibilities.
Tim Weerts: Danny was gonna kill her and … Brandon was going to be involved in … the cover-up side of things … the forensics as he described it. … Brandon purchased the chemicals that were poured over Justine.
According to Danny, he and Brandon pre-dug the grave over several days.
Tim Weerts: The last time they go to the grave before they bring Justine there is that Monday … it's during the day, to check it out in the light and possibly do some digging.
And Danny says Brandon provided the tools used to dig, including a pickaxe he took from his parent's house.
Tim Weerts: After they kill Justine and bury her … they throw them over the fence at Brandon's parents' house and the police go and corroborate that.
The prosecution says it found other evidence at Brandon's workplace that he never mentioned, like pieces of the recording device used to tap Justine's phone. And in his shredder, a receipt for a brand-new set of tires.
Natalie Morales: … he was already covering his tracks.
Angela Ford: The day after.
Morgan Gire: What we call … in the prosecution world, consciousness of guilt.
Brandon's defense attorney insists Brandon was only trying to hide his role in the cover-up, not the murder. And he says that relying on Danny Bezemer's testimony is a sign of the prosecution's desperation.
Steve Defilippis: They don't have a case.
JUSTINE VANDERSCHOOT'S LEGACY
Don Vanderschoot: I often wonder will I ever get a hundred percent of the truth? I don't think we ever will.
Natalie Morales: You think he's still a danger?
Lynnette Vanderschoot: Yes, definitely.
Brandon's defense attorney Steve Defilippis says Danny Bezemer is the real danger and points out it was Danny who broke bread with Justine's family, knowing he was going to kill her that night.
Steve Defilippis: This is a Ted Bundy in the making … somebody who has no conscience, somebody who has no … empathy … for other people. … basically a psychopath.
And he argues Danny will say anything in court to improve his chances of being paroled.
Steve Defilippis: He wants everything to look like Brandon made him do this. … he's at that point told … either four or five different stories about what happened.
In his cross-examination, Defilippis picks apart inconsistencies in Danny's statements about Brandon's involvement.
Steve Defilippis: You can't corroborate any of his story and that's deliberately done by him because he knows … that it can't be refuted.
In fact, he argues that the evidence contradicts Danny's story. For one thing, he says if Brandon was really in charge of forensics, he wouldn't leave a trail of evidence.
Steve Defilippis: The guy who is in charge of forensics is not going to do any of the things that Brandon did. … Brandon takes … the shovel and leaves it at his … parents' home. … why would you put something involved in the homicide at your parents' home? … why would you drive your car up to … the scene … knowing that you're going to leave tire tracks … on the dirt … You wouldn't do that.
And another discrepancy: Danny's claim that he and Brandon poured drain cleaner on Justine doesn't match the autopsy findings. Instead, those results indicate she ingested methanol, a toxic chemical compound found in a variety of products, but not drain cleaners.
But Tim Weerts counters that Danny has no reason to lie about that.
Tim Weerts: I don't know what theory under which the parole board might look favorably upon Drano, but unfavorably upon methanol being poured on her … The only explanation is that he's honestly mistaken, and the only way he'd be mistaken is if he wasn't the one that bought it.
And Defilippis says Brandon has an alibi for that Monday afternoon before the murder when Danny claims they went to the gravesite.
Steve Defilippis: We know that Brandon was up at the lake … that day.
Weerts points out there was a two-hour window when Brandon left to pick up tools to fix a broken Jet Ski.
Tim Weerts: It's just not an alibi. There's plenty of time for him to have done what he said.
Defilippis says the timing still doesn't match up with Danny's story.
Steve Defilippis: Danny also said that the digging was later in the day. It was not in the morning time, which is when Brandon … got the tools and went back.
But the prosecution argues that the defense can't get around Matt Scribner's testimony that he saw a freshly dug hole three days prior to the murder, which is consistent with Danny's account of digging the grave over several days.
Tim Weerts: This wasn't a panic dig that they did at the last minute, where Brandon's terrified for his life …
Tim Weerts: The way it actually pans out … Brandon is given immense power. … Brandon knows where the body is.
After more than two weeks of testimony, the judge gets the case. If Brandon's motion is granted, he will walk free. It's a familiar fear for the Vanderschoots.
Lynnette Vanderschoot: The hands shaking, just trying to get ready.
Don Vanderschoot: Absolutely. Just brings the emotions up all over again. … You don't know what to expect …
On August 1, 2024, before a courtroom packed with the Vanderschoots and their supporters, as well as Brandon Fernandez — who appeared via video conference — and his parents. The judge issued his ruling.
Natalie Morales: Was there a palpable concern for the Vanderschoots that … one of their daughter's murderers … could go free?
Morgan Gire: That fear, that concern, you could cut it with a knife.
Cameras were allowed in court, but audio could not be recorded. The judge denied Brandon Fernandez's motion and upheld his conviction.
Christine Vanderschoot: So, I was very nervous … I let out a big sigh as soon as he said it so it was just, "yay." … feels really good. Some justice.
Lynnette Vanderschoot: Justice for Justine again. He did not get out. Very relieved.
The judge said it was difficult to parse the truth from lies told by both Danny and Brandon, but he said ultimately it was evident Brandon was in on the murder plot and easily led investigators to Justine's body through rugged terrain in the dark.
Natalie Morales (at the crime scene with Ford): Brandon brought you here … and pinpointed exactly. I mean he knew exactly where it was.
Angela Ford: He did. … He gave us instructions and even said "you wouldn't find it on your own."
The ruling is a big win for the Vanderschoots, but only temporary relief.
Lynnette Vanderschoot: In two years … we've got two more parole hearings coming up.
Christine Vanderschoot: We're not going away. We're never giving up.
Don Vanderschoot: I'll be — I'll be there with my cane.
They're critical of evolving laws that have allowed Brandon Fernandez to keep relitigating his role in Justine's murder.
Christine Vanderschoot: I kind of like feel at times … we've been on pause. … We really haven't been able to move forward because we have to relive it.
Natalie Morales: In issuing his ruling … the judge acknowledged that the legal system can seem unfair … to the victim's families and to survivors.
Morgan Gire: I wholeheartedly agree … oftentimes it feels as if the only rights we are trying to respect are those of the convicted and the guilty … and not grieving family members.
Morgan Gire: That underlies the problems with this law, because it decreases … people's … faith in the system that there's finality.
It's something the Vanderschoots are trying to change by advocating for victims' rights.
Christine Vanderschoot: We're trying to do everything we can to prevent this happening to somebody else's family.
They also partnered with the Placer County DA to sponsor new state legislation. Justine's Law, as it's called, passed in 2023 and provides teen dating violence prevention education in high schools throughout California.
Natalie Morales: What do you want … Justine's legacy to be now?
Lynnette Vanderschoot: To help educate other boys and girls … even if it saves one life, it's worth everything.
Matt Scribner says he can't ride through the trails without thinking of Justine.
Matt Scribner In one aspect, it's quiet, they've cleaned the area up. … it's beautiful.
Natalie Morales: In some ways it's almost like Justine is shining here.
Matt Scribner: I believe that.
Lynnette Vanderschoot (in Justine's Garden): We think of her as hummingbirds come to us. A lot of times when we're … back here working in her garden … I'll have a little hummingbird and she'll come right up to my face and I'll — I'll talk to her and I think of her as she's saying hi to me.
Brandon Fernandez is appealing the judge's ruling.
He and Danny Bezemer have parole hearings scheduled in 2027 and 2028.
Produced by Gayane Keshishyan Mendez. Greg Fisher is the development producer. Morgan E. Canty is the field producer. Cameron Rubner is the associate producer. Ken Blum, Marlon Disla and Phil Tangel are the editors. Lourdes Aguiar is the senior producer. Nancy Kramer is the executive story editor. Judy Tygard is the executive producer.
