DNA found on a smoothie straw links suspect to teen's 1984 killing

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First, 15-year-old Kelly Morrissey vanished into the night. On June 12, 1984, she near her location aft meal and ne'er came back.

Five months later, it was her person Theresa Fusco. On Nov. 10, 1984, the 16-year-old near her occupation astatine Hot Skates, a fashionable roller rink ne'er to beryllium heard from again.

Forty-one years ago, trying to find them was a antithetic job. Police had to look for existent footprints — not integer ones, and it was casual to vanish without a trace.

1984: Kelly Morrissey and Theresa Fusco spell missing

Kelly Morrissey and Theresa Fusco were increasing up successful the suburbs of Long Island.

Vikki Papagno lived astir the country from Kelly successful Massapequa.

Vikki Papagno: She really was the archetypal idiosyncratic I ever smoked a cigaret with, was Kelly.

Vikki Papagno: I was from a divorced family; she was from a divorced family. We connected that mode … she was similar my sister I ne'er had.

When they were successful inferior high, Kelly's household moved astir 10 miles distant to Lynbrook. By then, Kelly had made immoderate caller friends.

Iris Olmstead: One of the archetypal … radical that she met erstwhile she moved to Lynbrook was Theresa Fusco.

Kelly's parent Iris and her then-fiancé Paul Olmstead watched the relationship develop.

Iris Olmstead: She was precise bully friends with Theresa. And, uh, truthful she — she made friends precise easily.

She met her friends astatine malls and successful person. Kids roamed astir freely. No 1 could support tabs connected each different 24/7. It was a antithetic time. And Kelly Morrissey and Theresa Fusco were emblematic teens for 1984.

That was the twelvemonth Ronald Regan was President. "Ghostbusters" and "Footloose" were the breakout movie hits. Pop prima Madonna was climbing the charts and manner followed. It was the twelvemonth Steve Jobs introduced thing revolutionary – the Macintosh computer.

Vikki Papagno: We didn't person cellphones, societal media, truthful we were pen pals. We would get our stationery and we would conscionable constitute backmost and forth. And that's however we communicated …

When Vikki was visiting Kelly, she would sometimes bent retired with Theresa who besides became her pen pal.

Vikki Papagno (reading letter): … postmark 1982 from Lynbrook, New York, from Theresa Fusco.

And it says, "Dear Vikki, Hi, what's up? Nothing overmuch here. … erstwhile are you going to sojourn Kelly again? When you do, telephone me. Okay? … How's each the boys there? They cute?"

In Lynbrook, by acold the champion spot to conscionable boys was astatine Hot Skates.

Vikki Papagno: … oh, we would spell to Hot Skates roller rink. We would spell there, roller skate around.

Erin Moriarty: How important was Hot Skates successful your life?

Lisa Johnson: Oh, Hot Skates was a large woody to everybody that lived successful the area, adjacent extracurricular of the area. … We would conscionable spell determination and bent retired with our friends and perceive to music.

Lisa Kaplan, present Johnson, was Theresa Fusco's closest friend.

Lisa Johnson: … We ever … would effort to formal precise similar. … We would bargain the aforesaid clothing. We would deterioration our constitution the aforesaid …

Erin Moriarty: Did you guys confide successful each other?

Lisa Johnson: About everything.

Erin Moriarty: Literally everything?

Lisa Johnson: Literally everything.

No 1 gave information a 2nd thought.

Lisa Johnson: You could locomotion perfectly anyplace … and not beryllium acrophobic of thing successful the dark, during the day, alone, with friends.

And that explains wherefore it was concern arsenic accustomed astatine the Morrissey location a mates miles distant erstwhile 15-year-old Kelly walked retired the beforehand doorway unsocial aft dinner. She said she'd beryllium backmost by 9:30. It was June 12, 1984. Iris didn't springiness it a 2nd thought. She and Paul were raising 8 children together.

Iris Olmstead: … idiosyncratic came successful and I heard idiosyncratic successful the room yelled down "I'm home" and, OK. … you could perceive doors opening, closing, kids coming successful and out. … And I took it — it was Kelly. It wasn't until the adjacent greeting erstwhile … she didn't travel down and spell to schoolhouse that I went down determination and realized that her furniture wasn't made and the apparel was inactive determination and she hadn't travel in. …

Erin Moriarty: … and were you panicking astatine that point, Iris?

Iris Olmstead: … Oh, yeah. And past we called the police, but … they told america that she wasn't missing 24 hours, astatine that constituent they truly wouldn't instrumentality a – a study … successful those days they waited.

Nassau County Detective Freddy Goldman would reappraisal some Theresa and Kelly's cases immoderate 25 years later.

He's retired now, but helium agreed to locomotion "48 Hours" done the timeline and the grounds from backmost then.

At the clip of Kelly's disappearance, helium says constabulary recovered nary crushed to deliberation determination was a crime. It seemed similar she was a runaway.

Freddy Goldman: There's tons of missing person's cases connected a regular basis..

Erin Moriarty: … Is that however Kelly Morrissey's lawsuit was initially handled?

Freddy Goldman: … Of course, yeah.

Vikki Papagno: … astatine 15 years aged … She wouldn't cognize however to bash beingness unless idiosyncratic was determination to assistance her … I don't foresee her ever conscionable moving distant and not talking to anyone, not reaching retired to anyone. So, I knew it was superior from time one.

Months went by with nary motion of Kelly.

Erin Moriarty: That had to beryllium truthful tough.

Iris Olmstead: Oh. it was. I mean, everyplace I went, each kid from the backmost looked similar Kelly had stopped to look to spot if it was Kelly. Um, it was horrible.

If Kelly had been written disconnected arsenic a runaway and not a priority, 5 months aboriginal her lawsuit got a 2nd look.

It was November 10. Theresa Fusco ne'er showed up astatine Lisa's location for their sleepover.

Lisa Johnson: I thought possibly she went to idiosyncratic else's house. And so, I called a fewer friends and said you know, "did Theresa travel over?" … At — astatine that constituent I inactive wasn't overly concerned.

Theresa's parents were divorced. The adjacent morning, her begetter Thomas had a scheduled sojourn and arrived astatine his ex's location to prime up his daughter.

Erin Moriarty: How soon did you recognize that this was a problem?

Thomas Fusco: I cognize my woman and I, looked astatine each different and says, thing is not close here. We realized this is retired of norm. What bash we bash now?

Erin Moriarty: When did you go truly concerned?

Lisa Johnson: I became truly acrophobic erstwhile she wasn't acceptable for schoolhouse connected Monday morning. We walked to schoolhouse each morning. Why wasn't she there?

Monday came and went. It would beryllium astir a period earlier anyone knew what had happened to Theresa.

The hunt for Theresa Fusco

Thomas Fusco: … this is my girl Theresa … She was my precious small girl.

John Fusco: … we were happy.

For Theresa's Fusco's begetter Thomas and her member John, it seemed arsenic though the full municipality of Lynbrook was retired looking for her.

Erin Moriarty: How large was the search?

John Fusco: Everyone and past some.

Thomas Fusco: Everybody.

John Fusco: Everywhere.

Nearly a period later, not acold from Hot Skates and adjacent the Long Island Rail Road tracks, Theresa's assemblage was discovered, beaten, raped and strangled, buried nether a heap of leaves and woody shipping pallets.

Thomas and John are inactive haunted by wherever she was found.

John Fusco: I walked implicit her twice.

Thomas Fusco: Yeah. …

John Fusco: I didn't cognize she was nether the pallet. We conscionable walked implicit the pallet …

John Fusco: … and I'm gladsome I didn't find her. That would've killed me.

Lisa Johnson: I ne'er heard the word, homicide.

So, erstwhile 2 homicide detectives arrived astatine Lisa's house, she didn't yet recognize what that meant.

Lisa Johnson: … and they said, well, we deliberation we recovered her. … my bosom started to race. I — I started to get excited, thinking, my God, convey God they recovered her. And past they told maine that they recovered a assemblage …

Lisa Johnson: … astatine 16 … It was beingness shattering.

Anne Donnelly: When her assemblage was found, it was a daze not conscionable to the Lynbrook community, but I deliberation to each of Nassau County …

Anne Donnelly would turn up to beryllium the Nassau County District Attorney but earlier that she had a puerility a batch similar Theresa Fusco's.

Anne Donnelly: I utilized to bent retired astatine (laughs) Hot Skates … erstwhile I was a kid.

Anne Donnelly: … I was successful assemblage erstwhile it happened ...

Anne Donnelly: … it changed the mode we saw the satellite backmost successful the 80s, it changed each that and not for the amended …

Forty-one years later, Vikki Papagno keeps a bittersweet scrapbook. It tells the communicative of losing her 2 friends, Theresa and Kelly.

Vikki Papagno: These are quality articles I collected passim the years connected this case. … This one, which includes some of them. "Lynbrook miss missing 2nd from the village."

Kelly had been missing for astir six months erstwhile Theresa was found.

Vikki Papagno: … it's conscionable excessively coincidental to me. … I consciousness similar whoever committed Theresa could person thing to bash with Kelly.

Erin Moriarty: You person 2 girls who went missing and past 1 who was murdered.

Lisa Johnson: Yeah. … I was acrophobic to beryllium location unsocial astatine nighttime … it was frightening due to the fact that … we had nary answers.

Investigators connected Theresa's lawsuit had precise small to spell connected — nary footprints, nary fingerprints, nary execution weapon. Hair samples were taken from Theresa, besides a intersexual battle swab, but DNA investigating had not precocious capable to find retired who it belonged to.

While looking for links betwixt the 2 girls, they zeroed successful connected John Kogut, a 21-year-old landscaper who told detectives helium had dated Kelly for astir a week

Vikki Papagno: I've heard the sanction John Kogut before. … it was aboriginal … close erstwhile she archetypal started … liking him oregon dating him.

Kogut was asked astir Kelly's disappearance. He besides was asked astir Theresa's sidesplitting and denied immoderate cognition of it. Kogut agreed to travel successful and instrumentality a polygraph test. Four days aboriginal helium did and constabulary told him helium failed it.

Kogut was interrogated done the nighttime and into the adjacent morning. After astir 12 hours of questioning, his denials changed. Nassau County Detective Joseph Volpe wrote down what helium said Kogut told him — that connected the nighttime Theresa went missing, Kogut "was with John Restivo and Dennis Halstead successful John's van" erstwhile they saw Theresa walking distant from Hot Skates.

Dennis Halstead was known to investigators backmost past says Freddy Goldman. He'd had immoderate insignificant brushes with police.

Freddy Goldman: … Dennis Halstead had an flat adjacent to the Shell state presumption wherever Kelly was past seen astatine that payphone.

Freddy Goldman: … we were told that Kelly … hung retired successful that flat frequently. She had the cardinal to his flat …

Erin Moriarty: It sounds similar Dennis Halstead was viewed benignant of arsenic a atrocious power connected the younger kids successful the area.

Freddy Goldman: It would seem. Yeah.

John Restivo was much of a cleanable slate.

Freddy Goldman: He was a moving fellow. … though helium was friends with them, helium didn't have, uh, a inheritance similar them. He didn't bent retired successful Dennis's flat oregon that we knew of.

Police took Kogut to the District Attorney's Office wherever helium was videotaped.

ASSISTANT DA GEORGE PECK (videotaped interview): I privation to speech to you astir the uh, decease of uh, Theresa Fusco.

Freddy Goldman: He was interviewed by … Assistant District Attorney George Peck. … helium agreed to spell connected video.

With the camera rolling, Kogut elaborate what happened to Theresa erstwhile she got into the van that night. Kogut told investigators that Theresa was raped doubly by Dennis Halstead and John Restivo. When she said she was going to archer somebody, they couldn't fto that happen.

JOHN KOGUT (videotaped interview): We decided that I had to termination her and Dennis told her that she had to die.

ASSISTANT DA GEORGE PECK: And what did uh, did John hold to this too?

JOHN KOGUT: John didn't accidental nothing.

And past John Kogut describes however helium killed Theresa.

ASSISTANT DA GEORGE PECK: And past what happened aft uh you got the rope?

JOHN KOGUT: I umm, I wrapped it astir the cervix doubly and past I tightened it similar this (motioning with his hands), and past her assemblage went limp.

John Kogut would aboriginal recant everything helium told police, but connected that day, Goldman says, investigators were assured they had Theresa Fusco's slayer successful custody and had the grounds they needed to beryllium it. But later, connected that precise aforesaid day, different teenage miss went missing.

March 1985: Jackie Martarella disappears

On March 26, 1985, erstwhile 19-year-old Jackie Martarella didn't amusement up to commencement her displacement astatine Burger King, her older member Martin knew thing was off.

Martin Martarella: She's precise prompt. … she was precise dependable. And for her to not amusement up, we knew determination was thing wrong.

Most nights, Jackie walked to enactment from the household location successful Oceanside, a municipality a fewer miles distant from Lynbrook.

Erin Moriarty: How would she get there? If you're, she's walking, what was the way she would instrumentality to spell to Burger King?

Martin Martarella: Well — she — beauteous overmuch consecutive down Long Beach Road …

Erin Moriarty: Did you ever interest astir her walking to work?

Martin Martarella: Not really, no. No.

Jackie had precocious graduated from precocious school. She was moving portion clip and taking accounting classes, redeeming wealth to bargain a car.

Erin Moriarty: How would you picture your sister?

Martin Martarella: Describe her? She was, um, precise girly.

Complete with posters of teen popular stars connected her chamber wall.

Martin Martarella: I retrieve Leif Garrett, whoever helium was.

Erin Moriarty: I retrieve Leif Garrett.

Martin Martarella: There was posters of that. … she was into … Dance. … She liked doing that.

Martin Martarella: … she liked her clothes, precise finicky with her clothes.

And present she was missing.

Erin Moriarty: So what did you and your begetter do?

Martin Martarella: Well, I deliberation we called the police, and past they took notes, and past they started looking.

Martin Martarella: And past those different 2 came up and they were, you know, saying, look what's happening here. … So it became — everybody became interested.

Nearly a period went by with nary motion of Jackie.

Martin Martarella: You know, each the worst thoughts spell done your caput erstwhile thing similar that happens. … And of course, huh, what happened happened … the worst of the worst. … they recovered her assemblage 26 days aboriginal successful a Woodmere play course.

On April 22, 1985, a antheral looking for play balls successful the precocious writer disconnected the 17th spread recovered a bare body. It was Jackie.

Martin Martarella: She was murdered evidently and discarded.

According to erstwhile Nassau County Detective Freddy Goldman, Jackie was near the aforesaid mode Theresa Fusco had been: raped and strangled.

Erin Moriarty: Initially did investigators deliberation ohio my God, these cases each person to beryllium connected?

Freddy Goldman: Yes and no. But with Kogut sitting there, it benignant of, you know, it threw a monkey wrench successful everything.

John Kogut, the antheral who had confessed to sidesplitting Theresa Fusco, was successful constabulary custody.

Freddy Goldman: … however could helium beryllium the slayer if we had him successful custody the aforesaid time that she went missing. So evidently it wasn't him. Yeah. Could it beryllium a Halstead, Restivo? But no.

Jackie's homicide was not going to beryllium casual to solve. Her assemblage was truthful severely decomposed; nary DNA swab could beryllium taken.

Freddy Goldman: … I'm definite it heightened the — the alertness and consciousness of the assemblage … due to the fact that present you cognize that there's idiosyncratic retired determination that's, you know, going aft young girls.

Kelly Morrissey was inactive missing. Police knew she had hung retired astatine Dennis Halstead's apartment, but determination was thing much to necktie Halstead oregon Kogut to her disappearance.

Erin Moriarty: Was determination immoderate grounds … that indicated that they were progressive successful — successful Kelly's disappearance?

Freddy Goldman: No, no.

Dennis Halstead, John Kogut, John Restivo

Theresa Fusco's sidesplitting was the lone lawsuit constabulary could pin down. By June 1985, John Kogut, John Restivo and Dennis Halstead had each been charged with her rape and execution and each 3 pleaded not guilty. Kogut went connected proceedings first. Later, Halstead and Restivo were tried together.

Lisa Johnson: … I retrieve sitting successful the witnesser container testifying and — and the territory lawyer saying, delight talk louder.

Lisa Johnson was conscionable 18 and a prima witness.

Lisa Johnson: And present I am, you know, sitting determination precise meek and — and timid and successful a country afloat of strangers, testifying astir my person who was killed. It was difficult. It inactive is difficult.

John Kogut offered an alibi. And according to a New Yorker Magazine investigation, the van constabulary said was utilized successful Theresa's abduction was really retired of committee and up connected cinder blocks the time Theresa went missing.

But 2 hairs belonging to Theresa that constabulary accidental they recovered from the level of Restivo's van, were excessively almighty to ignore. And Kogut's elaborate confession trumped everything.

JOHN KOGUT (videotaped interview): … I wrapped it astir her cervix ...

By February 1987, Kogut, Halstead, and Restivo had been convicted of the rape and execution of Theresa Fusco and sentenced to much than 30 years to life.

It had by past been 2 agelong years for Theresa's dad. He and the remainder of her household tried to determination on.

Thomas Fusco: … we thought, believing me, that determination was clip for closure. We had gone to Parents of Murdered Children. We had enactment and they were looking for support. And we were looking for enactment and closure.

But determination was nary closure. What prosecutors had insisted was an airtight lawsuit against the 3 men was going to stroke up, spectacularly. In 2003, astir 19 years aft Theresa was killed, much blase DNA investigating became available. It told a antithetic story. John Kogut, John Restivo, and Dennis Halstead's convictions were each overturned.

JUNE 2003| WCBS : Just 6 hours ago, aft 17 years successful prison, the execution rape convictions of 3 agelong land men were overturned pursuing stunning caller DNA evidence.

And caller investigating not lone ruled retired Kogut, Halstead and Restivo, it pointed to idiosyncratic other entirely: different chartless male.

Everything Theresa Fusco's household and friends thought they knew astir her sidesplitting — and her slayer — was changing.

Lisa Johnson: … hold a second, determination was investigations. We trusted the detectives. We trusted the constabulary to bash the close thing. … What bash … however could they bash this to us?

Was John Kogut's videotaped confession coerced?

In June 2003, aft astir 18 years, John Kogut, John Restivo and Dennis Halstead were retired of situation and successful the arms of their families.

Lisa Price: I waited for this for 18 years (cries) And I'm just, I'm atrocious I'm conscionable truly … I conscionable can't judge it's happening.

But their ineligible problems were not over.

Nassau County District Attorney Denis Dillon had decided to retry each 3 for the execution of Theresa Fusco, starting with John Kogut, who again pleaded not guilty.

There was inactive his videotaped confession, and that became the centerpiece of the lawsuit against Kogut astatine his 2nd proceedings successful September 2005.

JOHN KOGUT (videotaped confession): We decided that I had to termination her ...

The confession, the prosecution argued, was much important than each different grounds — adjacent the caller DNA.

Paul Casteleiro: When … I saw the video, I go, whoa. — it's — looks similar it's legit …

But Kogut's defence lawyer Paul Casteleiro says the video is misleading.

As damaging arsenic Kogut's statements sound, helium says it's what you don't spot connected camera that matters.

Paul Casteleiro: Part of it is, you cognize … it's staged.

There is simply a detective —

Paul Casteleiro: … sitting disconnected camera, watching it, and monitoring it and making definite it goes right. … it's, it's similar a play.

In the video, Kogut struggles with names —

ASSISTANT DA GEORGE PECK: Theresa Fusco?

JOHN KOGUT: Theresa Fusco ...

— adjacent his alleged accomplices' name.

JOHN KOGUT: … John Restivo, Dennis Sharpir —

And past asks for help.

JOHN KOGUT: What's his past name?

ASSISTANT DA GEORGE PECK: Well, are you talking to uh, Detective Volpe who's besides successful the room?

Paul Casteleiro: That benignant of shows it was coerced …

Kogut was an casual target, Casteleiro says. He had a tenth-grade acquisition and a substance maltreatment occupation that, Casteleiro says, constabulary took vantage of.

Paul Casteleiro: … tells them astir his drinking, his drugs, each — each the worldly that they tin usage against him …

And past Casteliero says, they lied to him.

Erin Moriarty: The constabulary told John Kogut that helium failed a polygraph …

Paul Casteleiro: No … John Kogut passed his polygraph trial with flying colors.

And adjacent though Kogut had already told constabulary implicit and implicit that helium had thing to bash with Theresa Fusco's killing, Casteleiro says they convinced him helium did.

Paul Casteleiro: They told him helium blacked out, helium didn't remember. You know, this is what you did, this is wherever you took her.

JOHN KOGUT: I didn't adjacent retrieve the adjacent moment.

ASSISTANT DA GEORGE PECK: Didn't retrieve what?

JOHN KOGUT: What had happened next.

ASSISTANT DA GEORGE PECK: Well, you retrieve it now, don't you?

JOHN KOGUT: Yeah, I guess.

By the clip the video was recorded, Kogut had been successful custody for 18 hours, interrogated for astir 12 of them and awake for astir 30.

Paul Casteleiro: At immoderate constituent successful time, you know, you privation out, you springiness in.

But the confession wasn't the lone happening prosecutors would person to support — they had to contend with the caller DNA grounds pointing to an chartless male. So, prosecutors suggested that Theresa indispensable person been with idiosyncratic other close earlier she was abducted by Kogut, Halstead and Restivo.

Paul Casteleiro: … past each of a abrupt … she had a consensual intersexual encounter. That's what they said.

But investigators were ne'er capable to place anyone who had been sexually progressive with Theresa. And Theresa's champion person Lisa had to instrumentality the basal again astatine this proceedings to speech astir it.

Erin Moriarty: And I mean this is simply a pugnacious question to inquire and I — I privation to inquire it properly. But arsenic acold arsenic you know, was Theresa adjacent sexually progressive backmost then?

Lisa Johnson: Absolutely not. And we spoke astir that … And that's not thing that she was going to bash earlier she was married.

Lisa, erstwhile their prima witness, was this clip astir undercutting their case.

Paul Casteleiro: They went against their ain witnesses … and successful information argued that she went from being a virgin to being idiosyncratic who had a quickie successful a skating rink wherever she worked … it was — it was preposterous, it was demeaning.

Erin Moriarty: Did that marque you mad?

Lisa Johnson: It did. Because it's not thing she would person done ever. … And I volition spell to my sedate saying that Theresa was not having enactment with anybody.

Prosecutors did inactive person the carnal grounds from the archetypal trial, the 2 hairs belonging to Theresa that constabulary said they recovered connected the level of John Restivo's van.

But that, too, Casteleiro argued, was tainted. There was a subject to analyzing whether the hairs came from idiosyncratic dormant oregon alive.

Paul Casteleiro: They displayed a — a definite decomposition that is lone contiguous erstwhile the hairs are attached to the caput of a idiosyncratic who's deceased.

That meant the hairs could not person been near successful the van portion Theresa was inactive alive, according to Casteleiro.

Paul Casteleiro: — we believed … that — they went successful and took them from the aesculapian examiner's bureau and … said, they recovered them successful the van. … In different words, they were planted.

But successful closing, prosecutors denied the hairs were planted. After Casteleiro was capable to rise superior questions astir the prosecution's case, Kogut's destiny was successful the hands of 1 idiosyncratic — a azygous judge, not a jury. Kogut had decided to instrumentality his accidental with a seat trial.

And aft astir 3 months of testimony, the justice reached a verdict.

Paul Casteleiro: … this is … Judge Ort's determination … The tribunal volition not judge the confession and accordingly finds the suspect not blameworthy of execution successful the 2nd grade nether number one.

Erin Moriarty: And what does that mean erstwhile the justice won't judge the confession?

Paul Casteleiro: It means that the confession is false. It is not credible, … And that's what the justice found. He did not judge the confession.

Eight days later, the prosecution formally dismissed the charges against Restivo and Halstead.

Thomas Fusco: … erstwhile John Kogut was acquitted, I was devastated lone due to the fact that I've seen that confession of his implicit and implicit again. And I judge past that helium was telling the truth.

John Fusco: It makes you consciousness similar you got deed successful the look with a friggin' shovel and you don't cognize however to bounce backmost from that.

It was December 2005. Theresa Fusco had been dormant for much than 20 years and present thing astir her lawsuit could beryllium laid to rest.

Thomas Fusco: It's — for me, arsenic the father, heartache … heartache to spell done it implicit again.

Lisa Johnson: I felt arsenic if the beingness had been sucked retired of me, everything that we fought for, everything that we testified for, everything that was investigated and each of the impervious and each of the grounds meant nothing. … If they didn't bash it, past who did it?

On Oct. 15, 2025, Anne Donnelly — present the Nassau County District Attorney — had a startling announcement.

DA ANNE DONNELLY (to reporters): Good morning. I'd similar to convey my investigators and my prosecutors handling this lawsuit for lasting present with maine today.

DA ANNE DONNELLY (to reporters): And aft 2 decades of this lawsuit moving cold, we person indicted Theresa's killer.

October 2025: An unexpected breakthrough

Nearly 41 years later, and acknowledgment to familial genealogy, Nassau County DA Anne Donnelly was definite they had yet – yet — recovered Theresa Fusco's killer.

DA ANNE DONNELLY (to reporters): Theresa's beingness was violently stolen from her much than 40 years ago, but the past is ne'er forgotten.

Once the unidentified DNA illustration was matched to 63-year-old Richard Bilodeau, surveillance began. A fewer months later, prosecutors accidental a straw successful a discarded smoothie cupful confirmed helium was their man.

The FBI, utilizing the caller subject of familial genealogy, had recovered a lucifer to the chartless DNA.

DA ANNE DONNELLY (to reporters): Today, we put 63-year-old Richard Bilodeau of Center Moriches for the execution of Theresa Fusco.

Bilodeau has denied the charges. At the clip of his arrest, helium was moving astatine Walmart stocking shelves. At the clip of Theresa's killing, helium was 23 and surviving adjacent by.

DA ANNE DONNELLY (to reporters): … helium was surviving with his grandparents … It's astir 1 mile distant from Hot Skates, it's astir 1 mile distant from the Fusco residence.

He was a antheral who had seemingly ever lived beneath the radar, according to authoritative Jared Rosenblatt.

Erin Moriarty: Had helium ever been married?

Jared Rosenblatt: No.

Erin Moriarty: … does helium person household oregon adjacent friends?

Jared Rosenblatt: … helium has a brother. …

Erin Moriarty: That he's adjacent to?

Jared Rosenblatt: I can't talk astir however adjacent they are …

Erin Moriarty: And does helium person hobbies? … does this feline bash thing different than spell to work?

Jared Rosenblatt: I deliberation helium gambles connected sports a lot.

DA ANNE DONNELLY (to reporters): In interviews we conducted with Theresa's friends and family, nary 1 recognized this suspect arsenic idiosyncratic who was ever associated with Theresa successful 1984.

Authorities wouldn't speculate astir however Richard Bilodeau whitethorn person travel successful interaction with Theresa Fusco, but Donnelly says she knows helium did.

DA ANNE DONNELLY (to reporters): … erstwhile you person a DNA match, a 100 percent match, we got the guy.

William Kephart and Daniel Russo, Bilodeau's defence attorneys, spot it differently.

Erin Moriarty: What grounds are you alert of that connects Richard Bilodeau to the execution of Theresa Fusco?

William Kephart: The DNA.

Daniel Russo: That's it.

William Kephart: That's it.

And they don't find it convincing.

William Kephart: … It's being overstated and overvalued.

And what's much —

Daniel Russo: … this District Attorney's Office, this constabulary department, successful 1985 stood earlier a tribunal and said, these 3 men did this and they had an ample magnitude of grounds to beryllium it.

Erin Moriarty: … was that a interest that they're gonna constituent to the information that 3 men went connected trial, were convicted for this crime?

DA Anne Donnelly: Yes, I would presume that's what they're going to say. … but the quality present is we person subject down us, which they didn't person 40 years ago. And to me, you don't bushed the technological evidence.

But astatine John Kogut's retrial successful 2005, the Nassau County DA's bureau had argued the other — that the unidentified DNA taken from Theresa was meaningless.

Daniel Russo: The aforesaid DA's bureau … stood up and said … we inactive judge based connected each of this grounds that these men are … liable for Ms. Fusco's death.

Daniel Russo: So I don't cognize … however present successful 2025, due to the fact that you were capable to enactment a sanction to that DNA, abruptly nary of that matters anymore.

Paul Casteleiro: … each of their lies against John Kogut, John Restivo, Dennis Halstead are gonna travel backmost and haunt them during this retrial.

Paul Casteleiro, John Kogut's erstwhile defence attorney, fears that Bilodeau's lawyers volition enactment the blasted connected the 3 men who were cleared of the execution 2 decades ago.

Paul Casteleiro: They're gonna person … a proceedings successful — successful which I'm definite the defence is gonna beryllium arguing they're guilty.

And Casteleiro says that's conscionable much brackish successful the coiled for John Kogut, Dennis Halstead and John Restivo.

Paul Casteleiro: … it's never-ending. … what Nassau County did to them is conscionable has nary ending to it.

All 3 men sued Nassau County; 2 of them were awarded damages.

CAROLYN GUSOFF (CBS New York reporter): Eighteen cardinal dollars each to Restivo and co-defendant Dennis Halstead, some exonerated a decennary agone for the 1984 execution and rape of Lynbrook teenager, Theresa Fusco.

But successful Kogut's case, a assemblage recovered nary wrongdoing by Nassau County constabulary and gave him nothing.

Erin Moriarty: Let maine inquire you though … if successful information Richard Bilodeau is convicted, volition either 1 of you apologize to the 3 guys who were convicted?

DA Anne Donnelly: No, due to the fact that I don't beryllium them an apology. I wasn't adjacent successful the bureau astatine the time.

Erin Moriarty: I know—

DA Anne Donnelly: I wasn't a lawyer.

Erin Moriarty: — but you correspond yea but for the Nassau County DA's Office?

DA Anne Donnelly: Mr. Dillon did what helium thought was close erstwhile helium dismissed … against 2 of them. And I think, you know, they got their apology astatine that point.

Paul Casteleiro: … the thought that the territory lawyer successful Nassau County can't apologize to these 3 guys for what they did to them is outrageous.

While the Nassau County authorities say, erstwhile again, they person the slayer of Theresa Fusco, Richard Bilodeau is not facing charges successful either Kelly Morrissey's oregon Jackie Martarella's cases. Both stay unsolved, leaving 2 families successful limbo.

Kelly Morrissey, Theresa Fusco and Jackie Martarella.

Martin Martarella: I mean … you're anticipating thing and that it ne'er shows up.

Martin Martarella: … she didn't person … a atrocious bony successful her assemblage …

Martin Martarella: She missed retired connected conscionable surviving a elemental life, you know?

Iris Olmstead: … you know, I look astatine women successful their 50s present and deliberation that could beryllium Kelly, and that's however aged she would beryllium …

When Richard Bilodeau goes connected trial, for the execution of Theresa Fusco, her begetter Thomas and her erstwhile champion person Lisa volition beryllium backmost successful courtroom for what they anticipation volition beryllium the past time.

Thomas Fusco: … closure to maine is that if this is the individual, past justness volition beryllium done. It's conscionable wholly over, 41 years is over, opening and end.

Erin Moriarty: Do you hope, bash you deliberation that it mightiness yet beryllium resolved this clip astir oregon bash you inactive person questions?

Lisa Johnson: I spot successful the DNA this time. … I americium truthful hopeful that determination volition beryllium a condemnation and we tin yet enactment this to rest.

Erin Moriarty: Forty-one years afterwards.

Lisa Johnson: It's a agelong time. It's — it's a lifetime.

Produced by Mary Murphy. Michael McHugh is the producer-editor. Murry Weiss is simply a producer. David Dow, Marc Goldbaum. Sara Ely Hulse and Tamara Weitzman are the improvement producers. Shaheen Tokhi is the tract producer. Nancy Bautista is the Broadcast Associate. George Baluzy and Diana Modica are the editors. Anthony Venditti is the contented probe manager. Dylan Gordon is the subordinate producer, archives. Patti Aronofsky is the elder producer. Nancy Kramer is the enforcement communicative editor. Judy Tygard is the enforcement producer.

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