Reasonable Doubt

0:01Music

0:11Love at first sight and I mean I've been, I've dated quite a few women over my life and the whole nine yards and it was just when you know, you know. Brian's not your typical family man. He admits to living on the edge, on the wild side. I was the gas pedal, she was the brakes. We used to always say that. But did he go over the edge and commit murder? Did you kill your wife? No. One determined prosecutor is out to prove he did. This is a killer who thinks he can talk his way out of everything. Judy was a wonderful wife, mother, daughter, and a friend. Brian says he found his wife on the floor of their home.

0:50I'm going to leave this over, but I've got to get her mouth to mother and she's going to die. There was an eyewitness, his own daughter. will she tell a different story? Is that a picture you drew? Yes. Erin Moriarty investigates. What if there was no murder at all? I would say it's virtually impossible, given the evidence that I've looked at. A 48 Hours Mystery. Reasonable Doubt.

1:20You're in 911. I always play. My wife is bruised everywhere. I don't know what's going on. Like somebody beat her up? Early one September morning in 1999, Brian Eftinoff arrived home after a long night out with his best friend and walked into a nightmare.

1:39Erin Moriarty:Is she awake and talking to you? No. He discovered his wife on the bathroom floor of their Phoenix home. I'm gonna leave this moment, but I gotta get her back to her, she's gonna die. Eftinoff tried to give Judy CPR. I couldn't get her jaw open.

1:59But I wasn't going to stop. I wasn't going to stop. Baby, don't you do this to me. I can't raise those kids up. Baby, stay with me. I'm begging her, Judy, don't leave me with those kids. Come back. The police are there now. But Judy was dead. After the Eftonoff's two children, 5-year-old Ricky and 3-year-old Nicholas, were taken to neighbors, police set about trying to figure out how this young mother died. Because of the bruises on Judy's body, police initially suspected an assault, but there were no signs of a break-in. What's more, there were no obvious injuries to cause death.

2:39Erin Moriarty:She had some small lacerations of the lips. She had some very small bruising on the face. Medical examiner Dr. Philip Keene was sure that these injuries, even combined, could not have killed her, but he couldn't determine what caused them. Could she have sustained that injury by hitting a counter or hitting the floor? Yes, she could sustain that in the fall because all it is is it's a blunt force impact. Judy's husband Brian, the owner of an auto parts business, was taken to the Phoenix police station for questioning and interviewed by Detective Joe Petrosino. As far as you know, she wasn't expecting anyone.

3:17Absolutely not. Everybody loved Judy. She was my better half. She was just a wonderful mother. Wonderful mother. Fun. Fun. Life of the party. And she was beautiful and warm and. She was really loyal. Yeah. Judy's mysterious death came as a shock to her best friends and to her parents back in North Dakota. My son called us.

3:47Erin Moriarty:He just said, I don't know how to tell you. except just to tell you. They found Judy dead this morning.

3:58Erin Moriarty:No. I'm like, you can't be Judy. I watched the news and they showed her a house and they showed her in a body bag and they were taking her out of the house. It was terrible, especially she has two little babies and sad. Although Brian Efdinoff was the last person to see Judy, he had an airtight alibi. A surveillance tape from the casino where he had been gambling that night with his friend. He had his time accounted for pretty well. She says, well, I was at the casino with my friend Nick from 10 o 'clock until I found her. And Judy was fine, Brian says, when he left her that night. He told police his wife was putting the kids to bed and acting normal when he said goodbye.

4:45I walked into the bedroom where she was laying down with the kids and said, I need the ATM card. I gave her a kiss and I left. It was just after he got home at about 5.15 a.m. that Brian discovered his wife's, by then, rigid body and called 911. Hold on for the fire department. Hurry, hurry. So how did Judy die? It took several weeks to finally solve the mystery. And it came in this report. When the final medical examiner's report came out, what was your reaction? Heartbreak.

5:27Heartbreak. The answer was in the toxicology results. Judy Eftonoff died of a stroke caused by cocaine intoxication. The Judy I knew didn't do cocaine, and that just threw me. To Judy's friends, Liza, Shannon and Lynette, this news seemed unbelievable. The entire time that we were friends, there was no drug use. None. But Tamara Colwell, Judy's best friend. Look how happy she is. Her eyes are gleaming. Admits Judy started using drugs after she got married. That Brian is the one who introduced her to cocaine. I asked her, you know, why are you doing coke now? She said that Brian seems to think that it makes their sex life better.

6:14In fact, Brian himself pointed out to police where his wife often hid her drugs. Probably her jewelry box. Just a vial. You know, a kind of... Coke. Coke. But while the existence of cocaine in Judy's system certainly explained her mysterious death, It still didn't answer all of the medical examiner's questions.

6:39Erin Moriarty:We know that there are injuries that were not self-inflicted. How did Judy Efdinoff sustain those minor scrapes and bruises on her face and her head? Detective Petrusino has his own theory. I think once that I was looking at a cocaine overdose, well, why was she beat up? Coming up, the unique theory that became this homicide detective's crusade. I think the ultimate responsibility for Judy's death resides in the hands of Brian Epinow.

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8:30Judy Harding met Brian Eftonoff at a nightclub in Phoenix, a night neither of them could forget. Love at first sight, and I mean, I've been, I've dated quite a few women over my life, and the whole nine yards, and it was just when you know, you know.

8:47Erin Moriarty:She called one day and said, Mother, I think I've met the man I'm going to marry. Judy was 23. Brian, a handsome, fast-talking charmer from Indiana, was 10 years her senior. I was the gas pedal, she was the brakes. We used to always say that. I was the gas pedal, she was the brakes. After rough childhood in Indiana, his parents both died young. Brian grew up to be a natural salesman, and Judy was sold. She was immediately attracted to him. Immediately attracted to him. She was a small town girl from North Dakota, as stunning as she was sweet. She was a cheerleader in the homecoming court. One of the first girls around here to play hockey.

9:34Right. And I think she did that just to bug the boys a little bit, you know. After she and Brian married and had children, Judy continued to work in sales at Neiman Marcus. Once they got together, we didn't really see her that much anymore. None of Judy's family or friends had ever liked Brian. And when they heard she had suddenly died... And I said, I know how it happened. Right away you said that? Right then. They all thought the same thing. I thought it was Brian. The first thing that I thought, I thought that he killed her. There was only one problem with that theory. Despite Judy's cuts and bruises, the county medical examiner wasn't at all convinced that she was murdered, that she might have died of an accidental overdose.

10:27So he listed her death as undecided. Case closed. Or it might have been if not for one detective, Detective Joe Petrosino. He not only believed that Judy was murdered, he thought he knew who killed her. I think the ultimate responsibility for Judy's death resides in the hands of Brian Epinop. At first, it was just the injuries that made the detectives suspect Judy's husband. But over time, Petrocino became convinced, in large part because of Brian himself. I said it before and I'll say it again, Brian is his own worst enemy. In the hours and days just after Judy's death, Brian's behavior just seemed inappropriate to those around him, especially to his mother-in-law.

11:16Erin Moriarty:And he said, you know, Grandma, he said, I hate to ask this question right now, he said, but you know, how soon can I get remarried after all this? Judy hasn't even been married? No, we had just picked out her casket. And Brian called a bizarre press conference the day after Judy died. Judy was a wonderful wife, mother, daughter, and a friend. And I just want to urge all husbands out there and fathers to take some of the pressure off their spouses. It's been more time sharing the load of parenthood, because it has a toll. And listen to what he told Detective Petrosino when asked whether he ever fought with his wife.

12:01Did you ever fight with your wife? Of course. I have a ton of respect for women. But if you're going to act like a guy, you get treated like a guy. You hit me with something, throw something at me, smack me in the face, good chance, you're probably going to get smacked back. From there, Petrosino started to gather stories that Brian had beaten Judy in the past. She called me and she said, you know, she goes, Tam, can you pick me up?

12:27Erin Moriarty:She goes, I think my jaw is broken. I said, I know he's just beating you. She said, Mom, who told you? I said, never mind, pick up that baby and get out of that house. But what he really needed was an eyewitness to domestic abuse. A few weeks later, he found one. Ricky Eftinoff, Judy and Brian's five-year-old daughter. Sometimes she just, she just can fight like how dinosaurs fight. In a series of interviews with counselors, she gave disturbing but also conflicting stories of domestic abuse. Ricky tells that Mommy and Daddy are fighting like dinosaurs, or words to that effect, kicking and punching, and Mommy hits her head.

13:13Isn't it possible that Ricky may be confusing that night with other nights when she saw her parents fight. Is it possible? Sure, anything's possible. But Petrosino still couldn't figure out how Brian could have killed Judy that night. So he was far from being able to charge Brian with murder. My lieutenant said, well, we're not going to count it as a homicide. He said, you can work it as long as you want, but I'm not counting it as a homicide. Then, Brian gave him an idea. That's my tape recorder. That's Brian's downfall. Joe, Brian Eftonoff, how are you? Brian, how you doing? He called me regularly.

13:52Joe. Brian. How are you? How was your vacation? It wasn't bad. And said, could you please find out who killed my wife? Are you tired of me bugging you? In this phone call, Brian told Petrosino there was only one way his wife could have as much cocaine in her system as she did. That's one gram of coke in her system at one time. That's impossible. Some medical experts said Judy had taken as much as a gram of cocaine. To me, then, someone was, you know, like, forced her to do it or something. You know what I'm saying? Uh-huh. So he said that himself. Yeah, that's in a phone conversation. If we're talking about a gram of cocaine, somebody forced her.

14:31She'd never do that much cocaine. It was the clue Petrosina was looking for. What do you think caused those bruises on Judy's neck here? I think he was getting her to swallow. And with that, Detective Petrusino came up with his theory of how Brian killed his wife. I think he beat her up. He heard her. He knows he heard her. She's going to call the cops this time. And he needs an alibi because, you know, he doesn't want to go to jail. And if he puts a little cocaine in her, pours it down her, and anybody comes and looks at her, she's going to be high on coke. He has a built-in alibi. If she's got any marks on her, it's because she's bouncing off the walls or something.

15:12She fell down. It's a highly unusual theory and so difficult to prove that initially the county attorney's office was reluctant to take the case. I had other cases, but when I'd walk into my office and see Detective Petrosino sitting there. Morning. What are you working on? That helped drive me. What are you going to do? And once I got involved and heard about some of the things that were going on, I wanted the answers. I wanted to know what happened. Eight months after Judy's death, prosecutor Kurt Altman and Detective Petrosina went before a grand jury. And Brian Eftinoff was arrested for murder.

15:49His two children went to live with Brian's sister. I'm sure he'll tell you that I'm just wrong. Maybe I am. And if I am, I'm sorry that Brian's life has been hell, but I didn't make his life. He did. Brian Eftonoff stands trial for murder. That's next.

16:18Wow. She's bruised everywhere. Her face is bloody. Somebody beat her up. Made her bad. More than one year after 30-year-old Judy Eftonoff was found dead in her home. Excuse me.

16:35Her husband is on trial for murder. This time, Mr. Altman, you may present your opening statement. Thank you, Your Honor. Did you kill your wife? No. Did you fight with her that night? No. Did you grab her by the throat? No. Leave her to die? No. Did you stuff cocaine down her throat? No. Why did the police say you did? It's the only evolving theory that they could come up with. Ladies and gentlemen, count one is murder to second degree. But Brian Eftonoff is facing more than just a murder charge. He's also accused of illegally transporting cocaine. It was found mixed in with Judy's belongings in a box sent to her parents.

17:19Erin Moriarty:Trying to prove to us that Judy was a cocaine addict. Well, sending a box full of love, not hate. Brian admits sending the box, but says he didn't know cocaine was inside. He says he was set up. Here's what I think. Well, geez, if we can't get him for the murder, maybe we should get him for the cocaine. I've got tapes from everywhere. Eftonoff might not be on trial at all. Phone calls, interviews. If not for Detective Joe Petrosino, firmly convinced that Brian is guilty of both crimes. There's never been any doubt in my mind of that. Even after medical tests clearly showed Judy died of a stroke caused by cocaine and the medical examiner refused to rule the death a murder, the 26-year veteran cop doggedly pursued a homicide investigation.

18:08Okay, so she's throwing things at you? One of my old buddies said I'm just a burned-out detective, so I'm somewhere between burned-out and overzealous. I'm just figuring I'm just doing my job. Do you think that you got in your mind that Brian did this and you were just determined to bring him to trial? No. I was determined if there was evidence to take him to trial, I was going to take him to trial. All the evidence you're going to hear are small pieces of a puzzle. Petrocino convinced a reluctant prosecutor, Kurt Altman, that Eftonoff wasn't acting like an innocent man. Weird things like some phone calls.

18:42I've got some other stuff going on with, you know, a book and a screenplay and whatnot. It's my responsibility to the public to do that, Joe. Have you ever had a case quite like this? Oh, no. No way. Joe, we had sex with other girls. Can I say that it never would have been brought without him opening his mouth? I don't know that, but it sure would have been a lot more difficult. Even so, it's not going to be easy. Judy Eftonoff did not die by accident. Before Altman can prove Brian Eftonoff killed his wife... She did not get that amount of cocaine into her system by accident. He has to convince a jury a murder occurred at all.

19:17The defendant is the only person that could have done this. You're convinced Judy was murdered? Absolutely. That this was a homicide? Absolutely. According to Altman, Eftonoff forced his wife to swallow cocaine to cover up injuries he had given her during a domestic argument. Where's the evidence? In part, in the testimony of his star medical witness. Once you get beyond a gram of cocaine, it becomes rather improbable that anybody could even ingest that much. Toxicologist Dr. Randall Basalt says his calculations show Judy had taken as much as a gram of cocaine an hour or two before her death. That's correct.

19:57Too much cocaine, he says, and taken too quickly for Judy to have taken it on her own. But his calculations are disputed by other expert witnesses. That's not a permissible calculation. You're really kind of out on a limb when you try to take those numbers from an autopsy. Even a witness from the county's own medical examiner's office says the amount of cocaine may have been smaller. Judy could have taken it on her own. That undermines the theory that a murder occurred at all. If the medical experts can't themselves say it was a homicide, how can you? It doesn't have to be called a homicide by the medical examiner's office for the jury to find someone guilty of murder.

20:38Altman believes the injuries on Judy will convince the jury she was murdered. so he turns to the one eyewitness he believes who can say how she got them. The problem is that witness is only seven years old.

20:53Erin Moriarty:Did you promise to tell the truth? Yes. Ricky Eftinoff, Brian and Judy's daughter. I did not want to put Ricky on the stand. What happened to your mom? She died. Unfortunately, in the position I was in, I had to. She's one of several witnesses whose face the judge asked us not to show while on the stand. Is that a picture you drew? Yep. Altman asks Ricky about a picture she drew that he believes accurately describes some of Judy's injuries. And what does it show? She was hurting, all swollen, but I didn't really see that. In fact, after a year and a half, Ricky can't remember much of anything about that night.

21:35She's blood that was on your arm?

21:37Erin Moriarty:Well, only a little bit. They were fight-type injuries. She had a bump on her head, she had a cut on her eye, she had a bloody nose. The county medical examiner, Dr. Philip Keene, is particularly concerned with the bruise on Judy's scalp. This is a large bruise, and it's a full-thickness bruise of the scalp, so that's a pretty good blow. A blow, the prosecution argues, that was delivered by Brian. But Dr. Keene didn't do the autopsy, and according to Dr. Arkeas Mosley, who did... Okay, so there is a bruise on the back of her head. There's no skull fracture. There's no contusion on her brain. The bruise on Judy's head was never serious.

22:20If it had been up to me, I probably would have left that out entirely. Testimony that's damaging for the prosecution because Dr. Mosley, a member of Keen's own staff, is testifying for the defense. He believes it's possible Judy took cocaine, had a seizure, and simply hit her head when she fell. And it certainly doesn't help the prosecution when friends and neighbors who knew Judy during her marriage admit they saw her use cocaine. Yes, once with Brian. Do you remember estimating you might have done cocaine once a week with Judy? Yes. With evidence like that, and with a confusing and conflicting medical testimony, Brian is beginning to feel confident.