[ g*nsh*t ]
Narrator: two friends spent a
Summer afternoon skeet sh**ting
In rural pennsylvania.
[ g*nsh*t ]
Only one returned home.
The other died of what was
Determined to be an accident.
What happened that day sent
Shock waves through a small town
And launched a mystery that
Would take 20 years to solve.
Montrose is a quiet, rural area
In the northeastern corner of
Pennsylvania.
It's a small, close-knit
Community with stately homes,
One traffic light, and a
Courthouse that dominates the
Town square.
In 1976, montrose was home to
Wife, pat, and their two young
Children.
Marty dillon was a very
Popular man in town, and his
Father was the local mayor.
Everybody knew him and really
Liked him.
Narrator: on june 2, 1976,
Martin dillon left work early to
Go skeet sh**ting at his
Family's hunting camp -- a
Secluded place called
"Gunsmoke."
His good friend
Dr. Stephen scher went along.
Stephen scher was one of the
Town's doctors and a close,
Personal friend of the dillons.
Martin asked some other friends
To go with him that day, but
They all had other plans.
And I said, "marty, I can't
Go out.
I got just so much going on.
I just can't get away."
And he, uh...
I just didn't go.
Narrator: a few hours later,
Martin dillon lay dead.
Martin dillon was laying on
His back, with his arms
Outstretched.
There was clay pigeons under the
One arm.
The wound itself was dead center
Into the chest, right into the
Heart.
There was no mistaking that it
Went straight into the heart.
Narrator: dillon's ear
Protectors and sunglasses were
Lying on the ground near his
Body.
The shoelace of his right boot
Was untied.
Dr. Scher told police that he
And dillon were headed towards
The cabin when dillon spotted a
Porcupine, grabbed scher's
Loaded shotgun, and ran to sh**t
It.
[ g*nsh*t ]
Scher said dillon apparently
Tripped over his shoelace and
Fell on his g*n, which went off
Accidentally, blasting a hole
Into his chest.
Scher attempted to perform cpr,
Then went next door to get a
Neighbor.
He saw a porcupine.
He grabbed my g*n.
Narrator: he smashed the
Shotgun against a tree in a fit
Of rage, saying the g*n would
Never k*ll anyone again.
State policeman frank zanin took
The photographs of the scene.
And I said, "wait a minute.
He was running from where?"
He said, "down the path, he ran
Up the path here after a
Porcupine."
I said, "well, this doesn't make
Sense because his bootlaces are
Untied."
He said, "yeah, that's what he
Tripped over."
I said, "no, take another look.
The boot itself is tight to the
Leg.
If he had been running, that
Boot would have been wide open."
Narrator: and zanin was
Concerned about another part of
The story.
Well, he said he rolled him
Over.
He tried to perform cpr.
I said, "cpr?
The hole is right through his
Heart.
It's dead center in the chest."
He's a doctor.
He did no cpr.
He's dead.
Narrator: martin dillon's
Body was taken to the county
Morgue in the basement of a
Funeral home in montrose.
On the death certificate, the
Coroner -- who was a political
Appointee -- ruled the manner of
Death an accident.
The funeral took place in the
Same church where martin dillon
Was married.
Dr. Scher was one of his
Pallbearers.
For martin dillon's father,
Larry, sadness was overshadowed
By suspicion and doubt.
He did not believe his only
Son's death was an accident.
Narrator: a few months after
The sh**ting death of
Martin dillon, dr. Stephen scher
Divorced his wife, anne.
Some said it was the stress of
The death of his best friend.
Others said trouble had been
Brewing between scher and his
Wife for some time.
Either way, stephen scher moved
From the small town of montrose,
Pennsylvania, and eventually
Settled in north carolina.
A year and a half later,
Stephen scher remarried.
His new wife -- pat dillon, the
Widow of his best friend,
Martin dillon.
When larry dillon learned that
His daughter-in-law and his two
Grandchildren were moving in
With the only witness to his
Son's death, he grew
Increasingly suspicious.
He questioned the conclusions of
His son's autopsy, which was
Done by a family doctor who was
Not trained in forensic
Medicine.
So larry dillon went to visit
This man -- stew bennett, a
Friend of his son's and a former
Police officer who was running a
Small company in montrose,
Specializing in accident
Reconstruction.
He felt that he was m*rder*d.
He did not tell me specifically
Why, or he couldn't.
He just felt in his heart that
It was not the way it was
Reported was correct.
Narrator: bennett studied the
Autopsy photos and read the
Report.
The first thing he noticed was
That dillon's wound was one inch
By 1 1/2 inches in size.
But the internal diameter of a
Inch.
A contact wound made by that g*n
Would be the same size -- 5/8 of
An inch -- and not any larger.
To find out for sure,
Stew bennett conducted an
Experiment.
He stretched some pigskin over a
Mannequin and used the same make
And model 16-gauge shotgun, with
The same amm*nit*on used in the
Accident.
In order to create a wound the
Same size, the g*n had to be
Three to five feet away from the
Pigskin.
Now, when I say the firearm
Is three to five feet away, I'm
Talking about the end of the
Barrel, all right, where the
Shell actually comes out.
Now, you have another 40
Inches -- 36 to 40 inches -- to
The trigger housing itself.
So now you're up to between five
And six feet away from the
Trigger housing to discharge the
Firearm, which means that he'd
Have to employ a stick or some
Other type of string to have the
g*n discharge.
Narrator: and there was no
Gunpowder residue on dillon's
Shirt, which would have been
Present if it had been a contact
Wound.
And there was no blood from the
Wound found on the shotgun
Barrel.
Stew bennett suspected homicide
And shared his feelings with
Larry dillon.
It didn't surprise him.
In fact, the family broke down
And cried.
Narrator: and the dillons,
Like others in the small town of
Montrose, began to hear rumors
That dr. Scher and
Martin dillon's wife, pat, were
Having a sexual affair before
Martin's death.
Pat dillon had been a nurse at
Montrose general hospital, the
Same hospital where dr. Scher
Practiced.
There were rumors going on,
By employees in the hospital, of
Open caressing, that sort of
Thing, going on.
Narrator: maria eftimiades
Described this clandestine
Relationship in her book
"Secrets from the grave."
They just didn't seem to
Care.
They didn't care if anyone knew,
If anyone saw them.
When they were caught, they just
Sort of went back to their work,
And it would just happen again.
Narrator: seasons passed,
Then years.
And in time, law enforcement
Agencies moved on to other
Cases.
But questions remained -- what
Really happened at gunsmoke
That day in june of 1976?
For almost 20 years, those
Questions remained unanswered.
Narrator: martin dillon's
Parents never gave up their
Fight to have their son's death
Reinvestigated.
They were convinced that the
Autopsy was incomplete and the
Manner of death incorrect.
The state policeman who
Photographed the accident scene
Agreed with the dillons and was
Never convinced it was an
Accident.
It's very frustrating when
People don't want to listen and
You know something's wrong.
Back then, the state police -- I
Mean, I love the state police.
I was with them for 28 years.
But they have -- back then,
Especially -- a philosophy
Whereas if you have less time on
The job than another man, you
Don't know anything.
Senior man always ruled.
Narrator: in 1991, 14 years
After the accident, frank zanin
And others helped convince the
State police to send the
Evidence to the fbi lab in
Washington, d.c.
And they also sent the evidence
To this man --
Herbert macdonnell, an expert in
Blood spatter.
The first thing he analyzed were
The boots dr. Scher was wearing
On the day of the accident.
Dr. Scher said he was 150 feet
Away from where dillon tripped,
Fell, and accidentally shot
Himself in the chest.
But on dr. Scher's boots,
Macdonnell discovered a very
Fine mist of blood, which he
Identified as high-velocity
Impact spatter.
High-velocity impact spatter
Results when something, such as
A b*llet or shotgun pellet,
Strike a source of blood, like a
Body.
As a result, the energy breaks
Up blood into very small spots.
The little droplets are almost
Atomized or vaporized.
Narrator: high-velocity impact
Spatter was also found on the
Side of the tree stump closest
To dillon's body and on the
Instep of martin dillon's left
Shoe.
This indicated that dillon was
Squatting near the tree stump
When he was shot, not running
After a porcupine.
Forensic pathologist
Dr. Isidore mihalakis was also
Asked to look at the evidence.
He noticed another inconsistency
In the photograph of dillon's
Body -- the legs of his trousers
Were pulled up, exposing his
Socks.
Indicating that somehow he
Had been either in a seated or
In a squatting position.
Otherwise why would the cuffs
Ride up?
Narrator: dr. Mihalakis also
Noticed what is called
"Scalloping" on the edges of the
g*nsh*t wound -- evidence that
The shot pellets had started to
Spread as they traveled through
The air before striking the
Skin.
Scalloping does not occur around
A contact wound.
Once the dillons heard of this
New information, they filed a
Petition to exhume their son's
Body for a second autopsy.
This time, dr. Mihalakis
Performed the autopsy.
Dr. Mihalakis discovered that
The direction of the wound track
Was in a downward direction, at
A 45-degree angle.
The shot came from the right of
Martin dillon and went through
Dillon's heart and left lung.
The wound track is wrong if
The g*n had dropped and then
Shot him.
We would either have a perfectly
Backward or an upward wound
Track.
Here this was a sharply downward
And very angulated from right to
Left.
Narrator: authorities could
No longer ignore the evidence,
And on june 26, 1995,
Martin dillon's death was
Formally declared a homicide.
The next day, dr. Stephen scher
And his wife, pat, returned to
Pennsylvania to hold a news
Conference.
Scher told reporters he was
Innocent and still maintained
That dillon was chasing a
Porcupine and fell, accidentally
sh**ting himself in the chest.
The last I saw marty dillon
Alive, he was moving away from
Me up the end of this trail,
Towards where we had just been.
I just waited there for him to
Come back or to tell me to do
Something else.
I heard a click and a shotgun
Blast, and I think I yelled out,
"You couldn't hit the broadside
Of a barn"...
[ Clears throat ]
...teasingly.
And then nothing.
Steve's not capable of the
Things they've accused him of.
I've known him and lived with
Him for 17 years.
He's not capable of this.
Is it true that you two had
An affair?
Absolutely not.
Absolutely not.
They claim that they've got a
m*rder case.
They've had 19 years to
Investigate it.
They've had investigators, all
The state police.
They've had their autopsy and
Everything else.
Their move next.
We challenge them.
Narrator: the challenge was
Accepted.
Dr. Stephen scher was arrested
And charged with the m*rder of
Martin dillon.
Two decades after his death,
Martin dillon would finally get
His day in court.
Narrator: 21 years after the
sh**ting death of martin dillon,
Stephen scher sat in a courtroom
On trial for the m*rder of his
Former friend.
According to the prosecution,
Martin dillon knew that scher
Was having an affair with his
Wife and told him that day,
While skeet sh**ting, that he
Had talked it over with his
Wife, pat, and that she agreed
To end her affair with scher.
Scher would not accept this.
But scher was obsessed, and he
Said to himself, "it's not gonna
Be this way.
It's not gonna be this way.
I'm going to get what I want,
One way or another, and you have
To die."
[ g*nsh*t ]
[ Echoing ] nice shot, man.
[ Echoing ] yeah, I've still
Got it.
Narrator: while martin dillon
Was reloading the machine with
Clay pigeons, stephen scher
Placed special amm*nit*on into
His g*n...
Moved to within five feet...
[ g*nsh*t ]
...and fired a single shot into
The center of his chest.
The shot entered dillon's chest
At a 45-degree downward angle,
Directly into his heart.
The blast caused high-velocity
Impact spatter to land on
Scher's boots and onto the side
Of the tree stump nearest to
Dillon's body.
Scher then removed dillon's ear
Protectors and sunglasses and
Untied his shoelace, making it
Appear that dillon tripped and
Fell.
Scher then invented the story
About dillon running after a
Porcupine with his g*n.
When scher returned to the scene
With the neighbor, he picked up
The g*n and smashed it against a
Tree in a public display of
Grief.
In court, when dr. Scher learned
Of the forensic evidence against
Him, he changed his 21-year-old
Story.
He finally admitted that he had
Been having an affair with
Dillon's wife, pat, at the time
Of the accident.
He also admitted fabricating the
Porcupine story.
But he still claimed
Martin dillon's death had been
An accident.
Scher said he and martin argued
Over the affair.
There was a scuffle, and the g*n
Went off accidentally.
Scher said he didn't think
Anyone would believe him, so he
Staged the accident scene and
Made up the story about the
Porcupine.
But prosecutors didn't believe
This new version, either.
The only reason he put
Himself in proximity to the
Deceased at the time is because
Of the overwhelming evidence we
Had of the blood spatter on his
Boots.
Narrator: the angle and
Direction of the wound track,
The hiked-up trousers with the
Socks showing, and the size and
Location of the blood spatter
All pointed to only one
Conclusion -- that
Martin dillon, while kneeling
Near the tree stump, from
Approximately five feet away,
Was m*rder*d by stephen scher.
The motive -- stephen scher
Wanted pat dillon all to
Himself.
He had essentially been
Dumped.
Pat dillon said, "no.
I'm staying with my husband.
I'm not leaving him.
I'm not divorcing him."
Narrator: martin dillon's
Children, whom dr. Scher had
Raised since they were small,
Stood solidly behind their
Stepfather during the trial,
Even contributing a part of
Their father's life insurance
Proceeds for his defense.
But the forensic evidence was
Too great.
The jury convicted
Dr. Stephen scher of
First-degree m*rder, and he was
Sentenced to life in prison
Without parole.
It's a case in which,
Originally, somebody took
Somebody's word and believed it
And did not look any further.
And there was no in-depth
Investigation done at that
Particular time.
The dillons had some peace
Of mind.
It's what really I wanted to
See, was the dillons relieved
Of the burden that had been
Hanging on their shoulders for
All those years.
And I was happy for them.
[ Crowd cheering ]
Narrator: the verdict was a
Long-fought victory for the
Parents of martin dillon.
Larry, what kind of thoughts
Went through your mind when the
First-degree verdict came back?
Were you thinking of marty?
Yes.
What kind of thoughts are
Going through your mind?
Well...
I really did it for him.
Did you ever think this day
Would come?
I've been praying for it.
Narrator: after dr. Scher
Spent 20 months in prison, the
Pennsylvania superior court
Overturned his conviction.
A judge said, "the state's
Substantial prejudice to his
Right to a fair trial."
In 2002, that decision was
Overturned.
Dr. Scher was retried in march
Of 2008.
A jury deliberated just two
Hours before finding him guilty
Yet again.
He will spend the rest of his
Life behind bars.
03x07 - Grave Evidence
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Documentary that reveals how forensic science is used to solve violent crimes, mysterious accidents, and outbreaks of illness.
Documentary that reveals how forensic science is used to solve violent crimes, mysterious accidents, and outbreaks of illness.