In short
Podcast Episode Notes: "48 Hours" - Point Blank
Episode Overview
- Air Date: 3/21/2009
- Correspondent: Harold Dow
- Focus: The case of Traci Rohde, who was accused of murdering her husband, Scott Rohde, in 2003. The episode explores the complexities of their troubled marriage, the investigation into Scott's death, and the ensuing trial.
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Key Themes and Discussions
- Initial Incident
- Date: October 15, 2003
- Traci finds her husband Scott with a gunshot wound to the head.
- Calls 911, expressing disbelief at his actions.
- Scott is later declared brain dead, leading police to suspect Traci of murder.
- Marriage Dynamics
- Backstory: Traci and Scott were high school sweethearts, married in 1990.
- Conflict: Scott exhibited jealousy and paranoia, frequently accusing Traci of infidelity.
- Traci’s Perspective: Despite the issues, she loved Scott and wanted to maintain their family.
- Investigation
- Initial Assumptions: Initially ruled a suicide but quickly shifted to a homicide investigation.
- Detectives’ Concerns: Traci’s behavior post-incident raised suspicions, particularly her lack of immediate first aid and actions like washing her hands.
- Key Evidence: The condition of the gun and blood evidence played a crucial role in the investigation.
- Trial Developments
- Indictment: Traci was arrested almost two years after Scott’s death, on what would have been their 15th anniversary.
- Prosecution’s Argument: Claimed Traci had a motive due to her relationship with Shawn Michaels, a colleague, and orchestrated the murder to gain freedom from her marriage.
- Defense’s Argument: Traci insisted she was innocent, stating the incident was a suicide and highlighting the flaws in the prosecution's evidence.
- Courtroom Drama
- Defense Testimony: The defense presented a narrative of Scott’s mental health issues and the flawed investigation.
- Prosecution’s Evidence: Highlighted the supposedly staged crime scene, with the gun allegedly placed back in Scott’s hands after the shooting.
- Jury Verdict
- Outcome: Traci was found guilty of murder but was given probation instead of prison time.
- Community Reaction: Divided opinions on her guilt; some saw her as a victim of circumstance, others as guilty beyond doubt.
- Jury Reflection: Jurors later reported that the testimony of Traci's children influenced their decision to grant probation.
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Key Takeaways
- Complex Relationships: The case exemplifies how personal relationships can complicate legal matters and perceptions of guilt.
- Justice System Flaws: Highlights potential failings in the investigative process and the trial, including issues with evidence handling and witness credibility.
- Public Perception: The story illustrates how public opinion can shape narratives surrounding crime, justice, and personal tragedy.
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Pivotal Moments
- Traci's Emotional State: Her distress during the 911 call and the subsequent questioning by police.
- Transformation of the Investigation: The shift from a suicide investigation to homicide over the course of the investigation.
- Jurors’ Doubts: The ultimate decision to grant probation points to the complexities of the case and lingering uncertainties about Traci’s guilt.
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Conclusion The episode "Point Blank" from "48 Hours" serves as a haunting exploration of love, jealousy, and the tragic aftermath of a violent death. It raises critical questions about agency, mental health, and the legal system's ability to deliver justice amidst personal turmoil. The case of Traci Rohde remains a poignant reminder of the complexities inherent in crime and justice narratives.
Written by AI. May contain mistakes. Listen to the episode to check what was said.
Chapters
Tap a time to open that second in VOThe Morning of the Tragedy
0:45 to 2:40
Tracy recounts the morning she found her husband, Scott, unresponsive.
“I walked around the bed and I touched his legs and I said, honey, are you okay?”
The Aftermath of the Incident
2:40 to 3:54
Tracy shares her shock and confusion as the situation unfolds.
“I took one look at that gun and I knew in my mind this was not a suicide.”
Tracy and Scott's Love Story
3:54 to 7:20
A background on Tracy and Scott's relationship, including their family life.
“As Scott Rohde lay dying with a gunshot wound to the head, his wife Tracey's ordeal was only just beginning.”
Jealousy and Strain in the Marriage
7:20 to 9:40
Tracy reveals the jealousy issues Scott had that strained their marriage.
“She'd always tell me that Scott was saying that she was cheating and having an affair with the different doctors that she worked with.”
The Affair Accusations and Consequences
9:40 to 11:41
Tracy discusses the impact of Scott's accusations on her life and their marriage.
“Shawn was a big flirt with everybody at work.”
Detectives Investigate the Crime Scene
11:41 to 14:00
Detectives begin to investigate the circumstances surrounding Scott's death.
“October 15, 2003, I was called out to a suicide.”
The Final Days of Scott Rohde
14:00 to 16:49
Explore the troubled final days of Scott Rohde before his death.
“it was also what they learned that day about the final weeks and hours of Scott Rohde's life.”
The Investigation Begins
16:50 to 18:09
Learn about the detectives’ investigation and the initial findings.
“Till the day I die, I will never accept that Scott committed suicide.”
Tracy's Perspective
18:10 to 20:36
Tracy shares her emotional turmoil and perspective on Scott's death.
“she was losing the life she was used to.”
Contradicting Evidence
20:37 to 22:16
An examination of the evidence and differing narratives surrounding the gun.
“The gun was in between his hands, somewhere on the bed.”
Show all 18 chapters
The Prosecution's Theory
22:17 to 24:30
The prosecution presents its case against Tracy, alleging murder.
“He also said there was no blood on Scott's hands, and the gun did not come into contact with any blood on the bed.”
Trial of Tracy Rohde Begins
28:16 to 30:09
Explore the division in Brownsville over Tracy Rohde’s trial and the accusations against her.
“Four years after the death of Scott Rohde, his wife Tracy went on trial.”
Depression and Infidelity Allegations
30:09 to 32:37
Understand the prosecution's claims of motive involving infidelity and Scott's alleged mental health struggles.
“For one thing, I did not kill my husband.”
Compromised Crime Scene Evidence
32:37 to 35:26
Discover how the integrity of the crime scene was questioned during the trial.
“But Scott Rohde wasn't the one on trial.”
The Jury's Decision and Its Impact
35:26 to 36:51
Follow the unexpected verdict and its emotional fallout for Tracy Rohde and her family.
“After more than three weeks of testimony, nine women and three men filed into the jury room to deliberate Tracy Rohde's fate.”
Sentencing Phase and Controversial Outcome
36:51 to 40:08
Examine the sentencing phase and the jury's surprising decision to grant probation.
“It was just like everything just disappeared.”
Tracy's Life Post-Trial Decisions
40:08 to 42:00
Learn about Tracy’s challenges following her probation and her struggle with her identity.
“Only two agreed to talk with us, Javier Lopez and Sarah Vallejo.”
Tracy Rohde's Struggle for Justice
42:00 to 42:27
Explore Tracy Rohde's fight against her grim reputation after a tragic incident.
“But until she can prove it, Tracy Rohde will walk through life known as the cold-hearted woman who shot and killed her husband in his sleep.”
Transcript
Automatic transcript. May contain errors.0:09October 15, 2003 was the worst day of my life.
0:18I woke up around 4.45 in the morning. I took a walk, walked two miles, and came home and took a shower. When I turned the water off in the shower, I heard like a moaning sound. I listened at the door and the moaning got louder. So I opened up the door and the bedroom was completely dark, but I could see my husband laying in the bed.
0:48I walked around the bed and I touched his legs and I said, honey, are you okay? And he didn't respond to me. And I walked on up to the side of the bed. He had the pillow over his head and I moved the pillow. and that's when I just saw the blood.
1:12911, can I help you? Please, my head must have shot himself. Where did he shoot himself? In the head. In the head? Yes. I was just like, oh my God, what have you done? What happened? Why did you do this? You don't talk to me. Please talk to me. Nothing.
1:36And I thought about my children, and they could not see them like that. And I ran and got them out of bed and out of the house.
1:48My name is Tracy Rohde, and I'm Scott Rohde's wife. I asked my mom if my dad was okay, and she told me, no, he's not, honey. Shane asked me, is daddy okay? And I said, no, honey, he's not okay. Daddy's very, very sick. I couldn't tell him.
2:16Scott Rohde is not a man that would have taken his own life. Scott Rohde is a man who was a driven professional and a doting father of his three children. This was an intricate puzzle to put together. We had to put the pieces together to show that this indeed was an elaborate staged crime scene. I took one look at that gun and I knew in my mind this was not a suicide. My name is J.D. Robertson. I'm with the Texas Rangers.
2:53I examine physical evidence and from that physical evidence I tell stories. I told the story of the murder of Scott Rohde. It was a very difficult story to tell. In all the years that I've worked in law enforcement, I've never seen an outcome like this.
3:15Point Blank, tonight's 48 Hours Mystery.
3:36I could never have imagined what all would have transpired. There's no way to even think that any of this stuff was real. But all of it happened. October 15, 2003. The life Tracey Rohde knew was over. As Scott Rohde lay dying with a gunshot wound to the head, his wife Tracey's ordeal was only just beginning. My husband is dying. They're in the hospital and they're taking me away to be questioned. Before we ask you any questions, Ms. Rohde, you need to be aware of what your rights are. I was shocked when they asked me to go to the police station. I had already told him all that I knew that had happened.
4:24I mean, I wasn't there. I didn't see it. I didn't hear it. I only know what I found.
4:32I moved the pillow back, and I saw all the blood. And his eyes was all swollen. And I touched his face, and I said, Scott, can you hear me? I kept asking the police officers, please, let me go be with my husband. He's dying. Can I please tell my children, my children don't know what happened. Just a few more minutes and we'll let you go. Just a few more minutes and we'll let you go. By mid-afternoon it was clear Scott was brain dead and would not recover. And something else was clear too. These people think I harmed the man I had loved for 20 years of my life that I spent my life with? It's not even a possibility.
5:20Tracy says she can barely remember a time without Scott. They met in their early teens and became high school sweethearts in Fort Madison, Iowa. Scott was an only child from a troubled family. In Tracy, he not only found the love of his life, he found a home, says Tracy's mom, Vicki Lear. You'd have to send him home at 10 o 'clock at night. But, I mean, they spent their time together, and he became part of our family.
5:54Tracy and Scott were married in 1990, only a few years after Tracy's high school graduation.
6:03Storybook. They were just so much in love, and you could really tell when they would look at each other.
6:13Scott put himself through college, became an engineer. Tracy would go on to become a nurse, specializing in birth and delivery care. The three things that she ever wanted in life, be married, be a nurse, and be a mom. She got her whoosh times three. Hi, sweetheart. Shane, Nicholas, and Dalton.
6:42Go, Shane. Go! Go, Shane! Go, go, go, go! In home videos, the Rhodey seemed to be the picture-perfect family. Scott, the picture-perfect dad.
7:00But there was another side to Scott Rhodey, says Tracy, and it was slowly destroying their marriage. Was Scott a jealous man? Very jealous. Did he accuse you of having affairs? All the time. He was obsessed. She was almost like a possession. Rayna Cant and her husband Kyle have been close friends of the roadies for years. She'd always tell me that Scott was saying that she was cheating and having an affair with the different doctors that she worked with. Is there any chance that she was cheating with these doctors? There was no way that Tracy had an affair with any of these doctors. But there was no convincing him, says Tracy.
7:39She remembers one awful night when she had to stay a few hours late at work to help deliver a baby. I went home. It's midnight. I get home. My husband's not there. My kids aren't there. As I'm calling the emergency room, thinking the worse, I hear the garage door open. and I go running out to the garage, you know, what happened, what happened, is everybody okay? And he's screaming at me, you tramp, you whore, where the hell have you been? And he said he went looking for me so he could show our children what a tramp they had for a mother. And I lived like that for years.
8:26Why did you stay in the marriage so long if you were constantly being accused of having affairs with other people? I loved him. I loved him. And, I mean, as bad as our bad times were, there were still good times. He was the father of my children. Thank you, Daddy. He was my husband. To me, it was worth working out. But Scott didn't make things any easier. Tracy says her husband was so afraid of losing her to another man, he moved the family five times in 13 years. There would be stops in Merrillville, Tennessee, Kennett, Missouri, and Batesville, Arkansas. Finally, ending up in Brownsville, Texas in 2003.
9:20And there was never anyone. I never looked at anyone. I never talked to anyone. I've never, nothing until Brownsville. It was here, far away from friends and family, that Tracy really did meet somebody. His name was Shawn Michaels. Shawn was a big flirt with everybody at work. And I would tell him, you know, I'm married. And he's like, I know, I'm just kidding. Over time, I could tell that it was more than just kidding. One afternoon, they arranged to meet in a parking lot to talk. We just stood there talking, and then he gave me a hug to leave, and he kissed me. I was shocked. Shocked, but yet, it was good to have somebody pay attention to me.
10:08And then, one week later, Scott confronted Tracy in their bathroom, once again accusing her of cheating. That's why you're all sweaty. That's why you're in here washing your face. You've been having sex. And I said, no, I haven't. I've not been having sex with anybody. In the heat of the moment, Tracy blurted out her feelings for Shawn. And I said, for the first time in my life, there is somebody. It's not about sex. Somebody's paying attention to me. Was he upset? He was very upset. And he just looked right through me and said, you have no idea what you've just done.
10:48But police didn't buy Tracy's story, any of it. I'm telling the truth. The truth, they say, is that she committed cold-blooded murder. Tracy Rohde grabbed a gun, grabbed a pillow, put the pillow to his head, the gun to his head, and shot him.
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12:00October 15, 2003, I was called out to a suicide. Initially, it was reported to me that Scott Rode had suffered a self-inflicted gunshot within hours Brownsville detective Sam Lucio's investigation had changed course the investigation turned from attempted suicide to a possible homicide investigation
12:27it had all the ingredients of a classic murder plot says Lucio a love interest jealousy and a pretty young wife who was behaving suspiciously. She's a nurse, but she gave no first aid to her husband whatsoever. And the reason she says she didn't give any first aid was because she was in shock. In shock, says the detective, yet she had the presence of mind to call work and say she wouldn't be coming in. Who would be thinking about, I need to call work so they can get a replacement for me at work today, because my husband got shot. Even more troubling to Detective Lucio, she washed her hands in front of a police officer.
13:10What was she washing off? Gunshot residue? I just could smell blood. I'm a nurse. I'm sensitive to the smell of blood. And I just had my hands up there and I just walked over to the kitchen sink and I just ran hot water over my hands and I just stood there crying. Crying, says Tracy, from the trauma of seeing her husband with his head blown apart. Someone might say, why didn't you try to do something else you were a nurse? What could I do? He didn't need CPR. He was breathing. My thought was, get the paramedics here. Get into the hospital. Let them see what they could do.
13:52It was not only Tracy's behavior that aroused the suspicions of Lucio and his partner, Detective Thomas Clipper, it was also what they learned that day about the final weeks and hours of Scott Rohde's life. Were there problems in America? Problems that led detectives to the other man, Shawn Michaels, the unit secretary at the hospital where Tracy worked, the very same hospital where Scott Rohde would die. The detectives also learned that Scott had hired divorce attorney Nat Perez. They were about to play hardball. He was a man who had a plan and wanted to implement that plan. Just one day before the shooting, Scott took Tracy to Perez's office and blindsided her with his plan.
14:45I said, Scott will have custody of the children, but you would have liberal visitation. She just basically yelled out, what? Looked at Scott and said, you never told me that. You never told me that I was going to have the boys. And if she chose to fight, they made it clear they would use Shawn Michaels against her. I said, you know, that didn't matter to me. I would do whatever to fight for my children. I didn't feel like I should sign away my children. I love my children. I was a good mother. And she told Scott, we need to go home and we need to talk about this some more. Back home, emotionally drained, they stopped fighting and started talking, says Tracy.
15:25I told him I wanted joint custody of our kids. I wasn't doing anything wrong. I didn't deserve to lose my children. Tracy says both agreed they didn't want to put their kids through an ugly custody battle. But later that night, Scott's mood changed again. My wife made me goofy. Tracy says he suddenly flew into a rage in the laundry room over Shawn Michaels. He went and got a ball bat. And he wanted to know where Shawn lived because he was going to go bash his head in. And he's screaming at me, you know, tell me where he lives. I don't know. I've never been to his home. I don't know. That's when he got physical with me, grabbed me by the throat, put his fist up to me, told me he was just going to knock the out of me.
16:14And I said, if that makes you feel better, just do it. I'm not having an affair.
16:22And I went into the bedroom, and I started packing his suitcase. I was just going to go stay in a hotel. But he started crying, and he begged me not to go. And then he said, come lay down here with me. And I laid with my head on his chest. It wasn't anger anymore. It was just a loving couple just trying to work out our problems. The next morning, Scott Rohde was found with a gunshot wound to the head. Till the day I die, I will never accept that Scott committed suicide.
17:01What I believe is that he really felt like he was losing me. We were all each other had. I mean, he didn't have a relationship with his family. It was just me, him, and the boys. That was it. It was better for Scott and Scott's mind to take his own life than it was to live without Tracy. He loved her that much? He loved her that much. Tracy's friend, Raina Cant, believes that after all the years of accusations, Scott found himself facing the real possibility there was someone else. And it was more than he could bear. He loved her enough to move her from state to state to state, thinking she was cheating in every state, to get her to the furthest point he could, so he had her all to himself in Brownsville, Texas.
17:49I could see him easily at that point saying, you know what, I can't handle this anymore, enough is enough. But Detective Lucio says Scott was no broken man. He was going to take custody of his kids and move on, leaving Tracy with a double motive for murder. I think that the motive was clearly she was losing her children, she was losing her home, she was losing the life she was used to. And the only way she was going to have a relationship with Shawn Michaels is if Scott Rode was out of the picture. Believing it was one thing, proving it another. The detective spent the next two years hunting for physical evidence linking Tracy Rode to the crime.
18:33They swapped every drain in this house. There was no blood anywhere. They checked all my trash cans. There was no evidence. I didn't kill my husband. But the investigators kept digging until finally a break. A Texas Ranger noticed a piece of evidence that had been staring him in the face all along. What does the evidence in this case tell you? That Tracy Rohde shot Scott Rohde? On August 11, 2005, on what would have been her 15th wedding anniversary, Tracy was arrested for the murder of her husband, Scott Rohde. While he was asleep? While he was asleep.
19:32Reeling after her indictment for murder, Tracy Rohde turned to the only place in Brownsville she felt welcomed, the Vineyard Christian Fellowship. And those people were just amazing. They're just so giving. We have to continue to pray for Tracy. Most of us felt in the gut there was some injustice going on here. Jim Odebasian is not only Tracy's pastor, he is a lawyer and a former assistant district attorney. This is a false charge. This is not right. I believe that Tracy's innocent. Thank you so much. Odabassian believes Tracy has told the truth about that dreadful morning when she got out of the shower and discovered her dying husband.
20:25And when I lifted the pillow, all I could see was just blood. And as I'm dialing 911, I saw the gun. That gun and where it was found would become one of the most disputed issues in this case. The gun was in between his hands, somewhere on the bed. In every good lie, there's a little bit of truth. Prosecutor Chuck Mattingly spent two years gathering evidence for his indictment against Tracy Rohde. Tracy Rohde is a cold-blooded, calculated killer. A killer, says Mattingly, who orchestrated the final moments of her husband's life down to the feathered pillow she placed over his head. I believe the pillow was used in an attempt to muffle the sound.
21:14I also believe she used that pillow to prevent any back spatter from coming back and getting on her hands. And thirdly, she used that pillow to disassociate herself from her husband before she killed him. Police recreated their theory of the shooting and brought in Texas Ranger J.D. Robertson to help prove their case. Suspects and witnesses lie. The evidence does not. It tells the truth. Robertson, a forensic bloodstain analyst, poured over police photos taken at the scene. I took one look at that gun and I knew in my mind this was not a suicide. That gun was removed from Scott by Sergeant Pablo Flores, one of the first officers on the scene.
22:03I entered and as I was removing the handgun, that's when EMS arrived. I put it on a hope chest. When he removed it, says Flores, the gun was lying in Scott's hands. The handle of the gun was resting on his left hand and the barrel on his right. He also said there was no blood on Scott's hands, and the gun did not come into contact with any blood on the bed. The gun was not touching the bedding, the mattress, the sheet, the mattress cover, the comforter. The gun never came into contact with anything that had blood on it. And yet, there was blood around the handle and a thick glob of it in the mechanism of the gun.
22:50Robinson wanted to know how it got there. There was no blood in his hands, but yet there's a mass of congealed, coagulated blood in the hammer in action. We have to find that source. That source jumped out at him while studying this photo. An enlarged print of the blood-stained carpet next to the bed.
Read the full transcript
23:13Robertson's theory is that the gun was lying in the pool of blood next to the bed. Using the carpet swatch taken as evidence, this demonstration shows where he believes both the holster and gun fit into the blood pattern on the floor. To Robertson, this perfect fit made perfect sense in the prosecution scenario of what happened the morning of October 15th. Tracy wrote he put the gun to his head with the pillow covering it. She discharged it. When she did, she dropped the gun and it landed on the floor. But waiting for her husband to die, Robertson says Tracy realized she'd made a big mistake. After some period of time passed, she realized that the gun's on the floor and if this is going to be a suicide, it's got to be in his hand.
24:06Tracy, says the prosecution, then picked up the weapon and put it into the hands of her dying husband. It was a murder made to look like a suicide in the staged crime scene. But Tracy says this was a suicide that the prosecution made look like a murder. It's not okay what the police and the prosecutors do to people. They twist things. Starting, she says, with that gun on the floor. At any point, did you touch the gun? No, sir. You never touched the gun? No, sir. The gun, says Tracy, as far as she knew, was never on the floor. The gun was somewhere on the bed. His hands were something like this.
24:49Tracy's story is the same today as it was in 2003 when she first talked to police. The gun was in between both hands. The gun was somewhere laying on the bed, I think. Laying on the bed, and contrary to what the prosecution says, it was in direct contact with the blood-soaked sheets, says Tracy. I know when I lifted the pillow, the gun was somewhere up between his hands, and that's where all the blood was, and the gun was laying in that blood. Forensic criminalist Richard Ernest agrees. He studied the evidence for the defense and believes the gun was lying in the blood. Right here. That area of him around his head, his arms, his hands, was all bathed in a big pool of blood.
25:39And that is where the gun was taken from. Scott's hands were washed at the hospital. There are no photos of him at the scene. There's a tremendous amount of blood here. You'll note also that there's not only blood but feathers. And Ernest believes the feathers and the blood on the gun came directly from the bed. Obviously this gun was lying in that blood for some period of time and to say that there's no other way that blood could be in the mechanism of this gun than for it to be down on the floor for a while before it was placed in his hand is a ridiculous proposition to my way of thinking. Any bloodstained pattern on the carpet almost looks like a Rorschach pattern.
26:29You tend to see what you want to see. Did Tracy Rohde kill her husband, Scott? Absolutely not. She's innocent. Ernesto Gomez would defend Tracy in her upcoming trial. If the prosecution say she touched a gun and there was blood on the gun, then why weren't her fingerprints on the gun? Investigators did find a palm print on the handle of the weapon, but it was never identified as belonging to either Scott, Sergeant Flores, or Tracy. They found nothing, zero. They created a factual fiction. From the day one that I first met this woman, this woman has been very consistent. Robert Garza, a former Texas judge, was co-counsel for Tracy.
27:17I believe her. By God, she's telling the truth. That's what I have done from day one. I have told the truth. The police and the prosecutors, they've taken parts of truth and twisted it around. This was a murder. The physical evidence points to it. I wouldn't have taken it to trial if I didn't believe it was a murder.
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28:16Four years after the death of Scott Rohde, his wife Tracy went on trial. Brownsville was a town divided. On one hand, a cry for mercy. Do I think that Tracy killed Scott? No, I don't. On the other, a cry for blood. I wouldn't spit on her if she was on fire. To those convinced of her guilt, Tracy's crime was murder, but her sin was infidelity. Her relationship with Shawn Michaels was at the center of the prosecution's case. How do you think the prosecution portrayed you in court? Oh, they portrayed me to be a vindictive, cold-blooded, murderer, cheating wife. And that's not true. I'm not this tramp that they made me out to be.
29:04I'm not a whore. I'm not. In the course of your investigation, did you ever find any proof at all that Tracy had slept with other men during the relationship she had with Scott? Other than rumor, no. The prosecution questioned Shawn Michaels on the stand, but no audio recording was allowed during the trial. He acknowledged a mutual attraction, but clearly stated they did not have sex. That didn't stop District Attorney Chuck Mattingly from branding Tracy an unfaithful wife. Going around with another man, kissing him passionately while you're married to your spouse, is that being unfaithful? Well, down here in South Texas, that's being unfaithful.
29:53In order for her to continue this relationship with Shawn Michaels, she had to be free from her husband. And how was she going to be free from her husband? She was going to wake up in the morning, put a bullet in his head. That's what she did. Did you kill your husband so that you could be with Shawn Michaels? No, sir. For one thing, I did not kill my husband. But Shawn Michaels wasn't even a factor in my marriage. It was, it wasn't this big affair that they made it out to be. But that changed after Scott died, and it did not play well at trial. We learned that about a week or so, maybe 10 days after Scott's murder, Shawn Michaels and Tracy Rohde checked into the Red Roof Inn.
30:45We didn't meet at the Red Roof Inn to have sex, like they have said. That's not what happened. They first met at a pancake house to talk. There were several police officers in there, and I was very uncomfortable. So they drove across the street. We were supposed to go there to talk. Unfortunately, things went a little further than that.
31:14The appearance of all this after your husband had died, you have to concede it doesn't make you look good. No, it doesn't make me look good, but I wasn't thinking about looking good. I was in a place 24 hours away from home from any family. Sean was the closest person I knew, and I hung on to him with everything in me to get me through. Their relationship was on and off for about two and a half years. That helped the state hammer home motive and make its case for murder over suicide. They claimed Scott Rohde was too devoted a dad to kill himself. His children were everything to him. He took him fishing, he took him hunting.
31:56But Tracy says the detectives and prosecutors didn't even know her husband. Rayna and Kyle Cant knew Scott and Tracy for years before they moved to Brownsville. Kyle was Scott's boss. I was not surprised that Scott committed suicide. I was not surprised at all. The Cant say Scott was a deeply troubled man. At work, he believed people were plotting behind his back to get him fired, says Kyle. Much like his paranoia about his wife, says Rayna. I'm not an expert in psychology, but he was definitely manic depressive or bipolar. There was something else there that just wasn't right. Something was wrong.
32:39But Scott Rohde wasn't the one on trial. Tracy was, and to prove her guilt, Mattingly turned to this.
32:50I really think that was probably the most damning piece of evidence. The prosecution showed the holster and the gun fitting neatly into the blood stain on the piece of carpet. If the gun was on the floor, how did that gun then get back into his hands while he was lying in bed? The prosecution told the jury that Tracy Rohde shot her husband. Startled, she dropped the gun on the floor. She later picked it up and put it in Scott's hands to make it look like he pulled the trigger. That's not what happened, says Tracy. She says she got up, walked about two miles, came back, and showered before finding Scott.
33:41And she never heard a gunshot. I don't even know if I was in the house when he shot himself. I don't know. I don't know when he shot himself. Defense attorney Ernesto Gomez argued that the prosecution was only interested in their own version of events and one outcome, murder. They could not see right or left, only that this was a murder. Gomez says the evidence was tainted in the hours after the shooting. Remember, before it was a crime scene, it was an emergency medical scene, with paramedics working frantically to save Scott's life. Objects were moved, pillows were moved, the pistol was moved, moved, the scene was extremely compromised.
34:39The first photographs weren't even taken until almost two hours after Scott was removed from the scene. Take a look at this. This photograph shows the blood pool at 8.11 a.m. The holster appears to be flush with the bed and the pillow is lying in the blood itself. At 2.14, the holster is now away from the bed, and the pillow is pushed back, no longer touching the blood. And that, says Gomez, casts serious doubts on the prosecution's perfect fit. They were manipulating and distorting, displacing evidence to fit their belief that a murder occurred. After more than three weeks of testimony, nine women and three men filed into the jury room to deliberate Tracy Rohde's fate.
35:35But no one was prepared for the jaw-dropping decision the jurors would make. In all the years that I've worked in law enforcement, I've never seen an outcome like this.
35:56Hi, honey. Hi, honey. Hi, honey. Hi. As she waited for the verdict, Tracy Rohde was haunted by one regret. On the advice of her lawyers, she did not take the stand. As bad as it is, I want the truth out there. I want people to know I did not kill my husband. I did not. But this story was far from over. Before it was finished, it would take a turn so controversial, so unheard of, it would rattle the core of Texas justice. A lot of people across America will have a hard time understanding what happened here in Brownsville. So did I. The march towards the stunning conclusion began with the verdict.
36:44After two days of heated deliberations, the courtroom fell silent as the judge uttered the jury's decree, guilty.
36:59It was just like everything just disappeared. And I just immediately started talking to God and asking God, why? Why have you forsaken me? The jury left and Tracy collapsed. She couldn't walk, so she had to be wheeled out of the courtroom. I never once believed that she would be found guilty. I really did not, and it broke my heart. It was a somber moment for all, says Mattingly. There was no jubilation. I mean, this is not a happy occasion. It's a tragedy. Three little young men, you know, they've lost their father, and we've just proven it was their mother that killed their father. Tracy was shackled and locked in a holding cell while awaiting her sentence.
37:48But defense attorney Ernesto Gomez assured her all was not lost. When you looked at the jury, you could tell, you could sense that they weren't sure. In Texas, the defense has the option of letting the jurors decide the punishment as well as the verdict. Gomez opted for a jury sentence. So it was back to the courtroom for the second phase of testimony. This time, Tracy did take the stand. What did you tell the jury? That I did not kill my husband and that I did not agree with their verdict. The two oldest boys also testified, boys who loved their father and adored their mother. They said that she didn't do this.
38:36She needs to be with us. We need her and she needs us. And with that, the jury was sent back to deliberate Tracy's punishment. The prosecution asked for 60 years. The jurors struggled hour after hour. Two days later, their stunning decision. The same jury that convicted Tracy Rohde of murder decided to let her walk away. Probation.
39:14No time in prison. Zero, zilch, nada, nothing. At first, Tracy didn't comprehend what was happening. My attorney was shaking me, telling me this is good. This is good. And then I hear everybody, all my family and church friends. Do you hear them say what? Just yay. She will remain on probation for 10 years. It was like getting punched in the gut and having the wind knocked out of you. It was an awful feeling. But the jury's decision was legal, and it was binding. The state's case against Tracy Rohde was over. In all your years of law enforcement, have you ever seen a trial with an outcome like this?
40:03Not probation for a cold-blooded murder, no sir. We hadn't seen a case like this either, so we went looking for the jurors to tell us how they came to their decision. Only two agreed to talk with us, Javier Lopez and Sarah Vallejo. If you had to pick one thing, one event that persuaded the jury to come back with 10 years probation, what would it be? The testimony of the children, for the children having to stand up there and say that they didn't want their mother to go to jail.
40:44It was the children. After three days in jail, Tracy was released. I'm very thankful that I'm home, but I do not agree with their guilty verdict. I am innocent. Obviously, they had doubts about their verdict to give me probation. I mean, who would put a convicted murderer home on probation? Tracy was fined$10 ,000, and probation means she cannot leave the county and has an 8 p.m. curfew. So, no evening basketball games. All right. This is like 10 pounds. No going to Dalton's championship taekwondo tournaments. And now Tracy is facing the most agonizing decision of her life, whether or not to appeal.
41:36If she wins, she would clear her name. If she loses, she could spend the rest of her life in prison. I'm praying to God to give me the wisdom to know what to do, because I am so lost right now. I have no clue. People think I got off easy. How is 10 years probation and everything that it brings with it, how is that getting off easy when you're innocent? I'm innocent. But until she can prove it, Tracy Rohde will walk through life known as the cold-hearted woman who shot and killed her husband in his sleep.
42:24I'm going to hall in the grand inn.
From the publisher
In 2003, investigators were convinced that Traci Rhode had staged her husband’s suicide to get out of a troubled marriage and avoid a contentious divorce. After two frustrating years, they finally charged her with murder. But would a jury believe this loving mother was also a cold-blooded killer? “48 Hours" Correspondent Harold Dow reports.
This classic "48 Hours" episode last aired on 3/21/2009. Watch all-new episodes of “48 Hours” on Saturdays, and stream on demand on Paramount+.
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