Justine's Voice for Justice

25:02On the call, Brandon repeatedly told Clayton to lie to police and to say that Clayton and his friend weren't there that night.

25:20And at that point, he knew we had a lot more information. With Brandon now rattled, Agent Reinach asked a key question. Have you ever seen anyone die? Brandon. Yes. He went white. Brandon broke and admitted he knew where Justine was. But first he said he needed protection from Danny. Can you take me somewhere safe? Can you bring my girlfriend somewhere safe? He wants to tell you a little bit more, but he's pointing it towards Danny. It's all towards Danny. I had nothing to do with it. He's scary intelligent. He has built everything in lies. He is a great actor. He's a monster. How long was it planned to hurt Justine?

26:13Long. He had planned it forever, almost. Brandon told them he knew Danny had tapped Justine's phone to catch her cheating and confront her. I didn't know what was going to 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 hold of Danny to back out. 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.

26:54When he parked, he said Danny wanted to talk to Justine alone. So he walked away for a bit. I went down this hill. I was looking around, and I figured out 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. He looked at me and 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. Do you think that we could play another game?

27:36That Danny had playing on a loop in Brandon's car. A soundtrack to her murder. 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. 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. 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.

28:22What he was doing was slowly putting himself at the scene of the death. Did you hear her exhale? Yes. It was like a really screwed up breath. like kept happening. 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. I said, please just go. You wanted her to die so it'd be over.

29:09I thought she might have still been alive, but she was going to do something more brutal than she was. He's watching her die. And he's not helping her. He's not helping her, no. But Brandon said he was scared Danny would kill him, too. 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 going to take them out next. After a four-and-a-half-hour interview, Brandon agreed to take them to the scene. It was about 9.30 at night, so dark walking through this, I can only imagine.

29:50When 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.

30:09Danny? Yes, I'm Sergeant McCone. I want to 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. I just got back from there. Guess who took us there? And guess who's he's blaming for the whole thing? The next morning, a team of investigators digging through the hard clay dirt, unearthed Justine Vandershoots remains. There's a relief, and then there's 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.

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32:27I drove home and I see the chaplain. And I see detectives. My mom's crying. And my dad said, your sister's not coming home. I passed out, literally. And it's still hard to relive that moment. Yeah. On September 18, 2003, Justine's family shared their heartbreak with the community. I almost sensed Lynette just crumbling. And I put my hand on her shoulder. I just kind of propped her up. And we announced that this family's worst fears had come true. Danny Bessemer and his roommate, Brandon Fernandez, were arrested Wednesday. If the two gentlemen that are in custody now are responsible for this, they need to burn in hell.

33:23Detectives interviewed Danny Bessemer again and told him they needed information about Brandon Fernandez's role in the murder. Just talk about Brandon. Don't talk about Danny. Believing Brandon has a deal with the FBI, Danny tried to haggle. How can I get to say, well, Brandon's everything. I don't have the authority to let's make a deal, okay? Ultimately, he broke down and started talking. I really want to tell you everything I do. Danny admitted he had started to strangle Justine, but then... She said four words that just changed my mind. Those words were, Danny, I love you. But he said Brandon was the one who encouraged him to keep going.

34:11He 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. 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. 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.

35:02As a condition of his plea agreement, Danny spoke with detectives again and gave new details about Brandon's role. What was the story he started to tell? 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. So we know the truth lies somewhere in the middle. 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 Bessemer pleaded guilty to first-degree murder in exchange for a sentence of 25 years to life.

35:49Brandon Fernandez pleaded to second-degree murder and received 15 years to life. A piece of justice was served. At least we can put some of this behind us. 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. 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. In 2018, California changed the law of murder.

36:29In 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. 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. Clearly, Brandon was in the wrong. He shouldn't have participated in the cover-up of this, and that's what he did.

37:11And 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. We had to call all of the witnesses and we had to prove Mr. Fernandez's guilt. 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 Wertz to prove that Brandon Fernandez helped plan and carry out Justine's murder.

37:58Once they started kicking this idea around, they built off each other. His key witness was Danny Bessemer, who over several days testified how he and Brandon Fernandez were two pillars in the plot to lure Justine to her death. Danny talks about how he doesn't want to 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. Danny was going to 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.

38:37According to Danny, he and Brandon pre-dug the grave over several days. 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 parents' house. 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.

39:15And in his shredder, a receipt for a brand new set of tires. He was already covering his tracks the day after. 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 Bessemer's testimony is a sign of the prosecution's desperation. They don't have a case.

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41:18I often wonder, will I ever get 100 % of the truth? I don't think we ever will. You think he's still a danger? Yes, definitely. Brandon's defense attorney, Steve DeFilippis, says Danny Bessemer 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. This is 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. He wants everything to look like Brandon made him do this.

42:01He'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. 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. The guy who was 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.

42:40Why 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 Wurtz counters that Danny has no reason to lie about that. I don't know what theory under which the parole board might look favorably upon Drano, but unfavorably upon methanol being poured on her.

43:23The 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. We know that Brandon was up at the lake that day. Wurtz points out there was a two-hour window when Brandon left to pick up tools to fix a broken jet ski. 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. Danny also said that the digging was later in the day.

44:00It 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. This wasn't a panicked dig that they did at the last minute where Brandon's terrified for his life. 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.

44:39It's a familiar fear for the Vandershoots. The hands shaking, just trying to get ready. It just brings the emotions up all over again. You don't know what to expect. On August 1st, 2024, before a courtroom packed with the Vandershoots and their supporters, as well as Brandon Fernandez, who appeared via videoconference and his parents, the judge issued his ruling. Was there a palpable concern for the Vandershoots that one of their daughter's murders could go free? That fear, that concern, you could cut it with a knife. Cameras were allowed in court, but we were not allowed to record audio. The judge denied Brandon Fernandez's motion and upheld his conviction.

45:25So 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. 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 says 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. Brandon brought you here and pinpointed exactly. I mean, he knew exactly where it was. 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 Vandershoots, but only temporary relief.

46:15In two years, we've got two more parole hearings coming up. We're not going away. We're never giving up. I'll be there with my cane. I think this one right here is my favorite. They're critical of evolving laws that have allowed Brandon Fernandez to keep relitigating his role in Justine's murder. 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. In issuing his ruling, the judge acknowledged that the legal system can seem unfair to the victims' families and to survivors. 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.

46:57that underlies the problems with this law because it decreases people's faith in the system, that there's finality. It's something the Vandershoots are trying to change by advocating for victims' rights. 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. What do you want Justine's legacy to be now? To help educate other boys and girls, even if it saves one life, it's worth everything.

47:44Matt Scribner says he can't ride through these trails without thinking of Justine. In one aspect, it's quiet. They've cleaned the area up. It's beautiful. In some ways, it's almost like Justine is shining here. I believe that. We think of her as hummingbirds come to us. A lot of times when we're back here working in the garden, I'll have a little hummingbird. She'll come right up to my face, and I'll talk to her, and I think of her as she's saying hi to me. The judge's ruling denying Brandon Fernandez's petition for resentencing was reversed by a California appellate court on December 31, 2025.

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