Man says wife was killed by pipe coming through car windshield

10 hours ago 5

This communicative antecedently aired connected Sept. 3, 2022. It was updated connected Dec. 27, 2025.

Todd Kendhammer said his woman Barbara was killed successful a freak mishap erstwhile a tube smashed into the windshield of their car successful 2016. A Wisconsin assemblage didn't judge him, and helium was sentenced to beingness successful prison. Their children judge he's innocent. Now, his caller ineligible squad says determination is grounds the assemblage ne'er heard. Will a justice assistance a caller trial?

Every year, wherever the Mississippi widens retired connected its dependable travel southbound alongside the stream municipality of La Crosse, Wisconsin, bald eagles gather.

Lofty symbols of freedom, they soar adjacent to the distant state roadworthy wherever 46-year-old Barbara Kendhammer was fatally injured. The circumstances, truthful unusual, made headlines and sent her hubby Todd to situation for life.

Kathleen Stilling: I conscionable became fascinated by the communicative that I saw unfolding here.

Now, Todd Kendhammer's appeals squad says his execution condemnation is the existent injustice that occurred successful this arguable case.

Erin Moriarty: Do you judge that Todd Kendhammer had thing to bash with the decease of his wife?

Kathleen Stilling: No.

Jerry Buting: This was an accident.

Erin Moriarty: You don't judge determination was a execution astatine all?

Jerry Buting: Not astatine all. This is not a execution case.

Lawyer Jerry Buting is champion known for defending Steven Avery, connected Netflix's "Making a Murderer." And now, on with lawyer Kathleen Stilling, who besides happens to beryllium his wife, they've taken connected Todd's case, which they accidental should beryllium measured by his matrimony to Barbara.

Kathleen Stilling: Their narration was truly special. … that was 1 of the things that truly drew maine to this case. … The thought that retired of the bluish helium would drawback and termination his woman and past signifier the accident, it conscionable seems truthful implausible to me.

They importune this isn't a execution mystery. It's an old-fashioned emotion communicative that ended successful a tragic accident. During his trial, Todd told the tribunal that helium fell for Barbara, astatine archetypal sight.

TODD KENDHAMMER [on the stand]: …just 1 of those things wherever you cognize instantly that's the miss you want.

Both were conscionable 16. Friends astatine first, they began dating successful 1989. And successful August 1991, they sealed the deal.

Soon Jessica and past Jordan came along. Witnesses, they say, to a romance.

Erin Moriarty: How would you picture your dad?

Jessica Servais: Well, ma ever called him a chaotic hare (laughs).

Jordan Kendhammer: He was always, always, ever connected the spell and ever has immoderate caller brainsick idea.

Jessica Servais: And she conscionable was each astir going with him for anything.

To the kids it was clear. Todd adored Barbara.

Jessica Servais: He's conscionable ever similar doting connected her with stuff.

Erin Moriarty: Did your parents reason much than immoderate different couple?

Jessica Servais: Definitely not.

Jordan Kendhammer: I would accidental not.

Jessica Servais: Whatever my ma wanted my dada gave it to her (laughs).

Barbara worked successful the cafeteria astatine the West Salem Middle School. Todd worked astatine a mill making aluminum soda cans. On the side, helium flipped houses with Barb.

Jessica Servais: That was similar the biggest out-on-a-limb thing, he's similar "Let's bargain a location and flip it," and we're conscionable like, "OK" (laughs).

For other income Todd besides worked with glass, replacing people's smashed and breached windshields. They paid their bills and lived comfortably.

Jessica Servais: They were conscionable successful a truly bully clip successful their lives 'cause they had their archetypal grandchild, and they were good off.

In 2016 Jessica and Jordan threw their parents a astonishment 25th day party.

Jessica Servais: And everything was perfect. It was good.

Erin Moriarty: Until it wasn't.

Jessica Servais: Yeah.

It was a period later, September 16, 2016. The Kendhammer household was preparing for their yearly camping trip. The program was to permission aboriginal that time aft Barb finished work.

Jordan Kendhammer: I woke up successful the morning. … Ma and dada were inactive home. I heard ma successful the kitchen.

It was aboriginal that morning. Jordan, location from college, says helium heard the store doorway open, and his parents' car leave. No arguing. Nothing unusual, helium says, conscionable his dad, apt driving his ma to enactment astatine school.

Jordan Kendhammer: If helium had off, he'd instrumentality her to enactment and he'd spell astir doing his errand things. And past erstwhile helium got done, he'd prime her up.

A small aft 7:45 a.m., the mates stopped astatine the location of a neighbor. They were looking aft her location portion she was distant and stayed conscionable a fewer minutes. And then, surprisingly, alternatively of heading to Barbara's school, Todd headed northbound — distant from it. Why helium did would go a captious question.

At 8:05 a.m., a distraught Todd made that telephone to 911. He said determination had been a horrible accident. And Barbara was severely hurt.

911 OPERATOR: 911 what is the code of the emergency?

TODD KENDHAMMER: … She's deed successful the caput and successful the throat. I deliberation successful the pharynx oregon something.

At the scene, Todd began to archer his mentation of what happened:

OFFICER: There was a tube successful the ground?

TODD KENDHAMMER: No, it came retired of that tree, disconnected a truck.

OFFICER: Off a truck?

TODD KENDHAMMER: A truck, oregon a trailer oregon something.

Barbara was rushed to the hospital.

TODD KENDHAMMER: Is she OK?

OFFICER: I can't archer you that. I don't know.

Placed by constabulary into a squad car, Todd continued with his account:

TODD KENDHAMMER: [in constabulary car] I thought it was a vertebrate astatine archetypal … And past astatine the past infinitesimal I seen it was a pipe.

Evidence successful the Barbara Kendhammer lawsuit

Soon Jessica and Jordan met their father. He seemed devastated. His T-shirt soaked successful blood.

Jessica Servais: He was airy and shaky and panicky and wanted to cognize however she was doing, like, each the time.

Erin Moriarty: Tell maine what helium told you astir the accident.

Jordan Kendhammer: They were driving and … thing came, and it deed mom.

Jessica Servais: I was like, however did a tube deed her? … helium said it came done the windshield, and I pulled it retired of the windshield.

Erin Moriarty: How did you find retired however earnestly your ma was truly injured?

Jessica Servais: The neurosurgeons kept coming successful and giving america updates, but the mode that they were talking her prognosis was beauteous poor.

The commencement of a household vacation accelerated turned into an all-night bedside vigil. It wouldn't past long.

Jessica Servais: I deliberation it was similar 4 oregon 5 oregon thing … and they really pronounced her, like, encephalon dead.

Erin Moriarty: How did your begetter woody with that news?

Jessica Servais: He was conscionable precise upset.

As dawn broke implicit the Mississippi, Barbara Kendhammer — wife, mother, grandma — took her past breath.

Jessica Servais: She was gone.

The household mourned. They had already made the pugnacious determination to donate Barbara's organs. But things would soon get adjacent tougher. Police were already suspicious of Todd.

OFFICER (at the scene): Take pictures of Todd. His front, each the blood, his knuckles, everything.

At the country of the incident, officers had noticed Todd's bloodied knuckles. And helium had what appeared to beryllium scratch marks connected his neck.

Prosecutor Tim Gruenke: The constabulary kept uncovering 1 much measurement and 1 much measurement that would disprove his story.

THE CASE AGAINST TODD

Erin Moriarty: So however large is this pipe, Tim?

Tim Gruenke: 53 inches long. And it weighs astir 10 pounds.

Erin Moriarty (lifts pipe): This happening is heavy.

Erin Moriarty with authoritative Tim Gruenke

Todd Kendhammer says the tube flew disconnected a truck, smashed into the windshield of the car helium was driving and caused his woman Barbara's decease — a communicative that Prosecutor Tim Gruenke says is simply preposterous.

Tim Gruenke: Our mentation is that helium utilized that himself to enactment the spread successful the windshield. It didn't alert disconnected of a motortruck going by.

Tim Gruenke: Todd said helium was traveling northbound connected Highway M.

Gruenke says that constabulary became suspicious of Todd erstwhile pieces of his communicative conscionable didn't look to adhd up, starting with that mysterious truck.

Tim Gruenke: He turned close onto Bergum Coulee Road.

This is the statement Todd Kendhammer gave constabulary connected the mode to the hospital:

TODD KENDHAMMER: It was a older, similar a bigger flatbed-looking motortruck … Like a pickup motortruck with a flatbed connected it.

INVESTIGATOR: What colour was the cab?

TODD KENDHAMMER: I don't adjacent remember. It was darker, I don't — that's each I know. Dark greenish oregon acheronian blue.

Erin Moriarty (at the scene, pointing astatine road): So, he's going this mode and helium claims that the — that a motortruck carrying a tube was going this way?

Tim Gruenke: Correct.

Erin Moriarty: Were you ever capable to find a truck?

Tim Gruenke: No. Police spent immoderate clip looking for the motortruck and putting retired connection to the assemblage to inquire if anybody saw a motortruck that day.

Surveillance video from a equine ranch down the roadworthy does amusement what appears to beryllium the Kendhammer car walk by astatine astir 7:57 a.m. connected the time of the incident. But astatine astir the aforesaid time, nary motortruck that matched the statement Todd gave constabulary was ever seen heading successful the other direction.

And past 4 days aft the incident, Medical Examiner Dr. Kathleen McCubbin conducted an autopsy connected Barbara.

Tim Gruenke: She didn't recognize erstwhile she archetypal heard a tube had done it. She had called instrumentality enforcement to look astatine the tube 'cause she didn't recognize however that could be.

Barbara had 3 lacerations connected the backmost of her head.

Tim Gruenke: She said that the injuries to Barb were precise inconsistent with a tube of that size and that value coming done the windshield.

She concluded that Barbara died of "blunt trauma injuries of the caput and neck, with skull fractures … cricoid cartilage fractures … and eventual encephalon death." The cricoid is the ring-shaped bony cartilage operation located successful the little neck.

Erin Moriarty: What bash you judge caused the breached cricoid cartilage?

Tim Gruenke: It's accordant with strangulation.

The aesculapian examiner besides noted that determination were countless different injuries connected Barbara that suggested determination could person been an earlier struggle. She had scratches connected her neck, a breached nose, a laceration connected her forehead and bruising each implicit her body.

Tim Gruenke: She had immoderate injuries to her fingers.

Todd besides had injuries to his hands.

Tim Gruenke: He said that came from striking the windshield erstwhile helium saw thing flying astatine him.

And helium had what appeared to beryllium scratches connected his cervix and thorax arsenic well.

Tim Gruenke: He said helium got that 'cause helium worked with glass. It turns retired helium doesn't enactment with glass. He puts successful windshields. But helium doesn't usually enactment with solid oregon breached glass. So those injuries seemed odd. … It seems accordant similar idiosyncratic who was successful a fight. A truly atrocious fight.

Police had besides interviewed a operation idiosyncratic who said helium drove by the Kendhammer car astir 8 a.m. but didn't spot immoderate harm to the windshield oregon immoderate radical around.

Tim Gruenke: He saw the car successful the ditch. … And thought possibly idiosyncratic had conscionable driven disconnected the roadworthy oregon tried to marque a crook and got stuck.

Erin Moriarty: So, helium didn't spot anybody. He didn't spot either Todd oregon Barbara?

Tim Gruenke: Correct.

Erin Moriarty: Could they person been hidden successful the precocious grass?

Tim Gruenke: Well, that's the lone thought is that … helium was possibly trying to clasp her down and support her from calling for help.

There were different reddish flags. On the time of the incidental Barbara was scheduled to enactment astatine 8 a.m., but she ne'er called to accidental that she'd beryllium late. She besides did not marque her regular telephone her to her mom.

Tim Gruenke: As a pistillate who has ne'er been aboriginal for work, who ever calls her ma … erstwhile you look at, that's an evident alteration of the pattern.

And wherever were Todd and Barbara driving to that morning, going successful the other absorption from Barbara's work?

This is what Todd Kendhammer told investigators connected the thrust to the hospital:

TODD KENDHAMMER: I'm gonna enactment a windshield successful a motortruck for a guy.

INVESTIGATOR: So, is the windshield you were going to regenerate successful somebody's driveway or?

TODD KENDHAMMER: In his truck. I was gonna instrumentality it to my house.

Todd told constabulary that, connected the mode to thrust Barbara to work, helium decided to thrust implicit to prime up a motortruck that needed a windshield replaced. He said the truck, with keys inside, was successful the driveway of a idiosyncratic helium knew from enactment named Justin Heim.

INVESTIGATOR: Did you telephone the guy?

TODD KENDHAMMER: No, I didn't telephone him. … I was conscionable gonna plaything implicit and if it was determination drawback it.

But erstwhile the investigators spoke with Justin Heim, helium told a precise antithetic story.

Tim Gruenke: When the constabulary looked into that, they recovered Justin Heim ne'er had ordered a windshield from Todd, didn't request a windshield. Todd didn't adjacent cognize wherever helium lived.

So conscionable 1 week aft Barbara's decease and conscionable 2 days earlier her funeral, investigators asked Todd to travel down to the constabulary presumption nether the ruse that they had immoderate leads connected trucks that whitethorn person dropped the tube that day.

TODD KENDHAMMER [in interrogation room, opening pill container]: Is it OK if I instrumentality that? I didn't instrumentality my medicine this morning.

INVESTIGATOR: Yeah, that's fine.

As investigators began to question him, Todd told them helium had not taken his anti-anxiety medication, and helium appeared confused and forgetful of details.

TODD KENDHAMMER [distraught, holding his caput successful his hands]: And — I — I — I — conscionable don't — remember, I retrieve — and I don't cognize however … I retrieve — I retrieve the worst portion was erstwhile I looked — the tube was — the tube was determination …"

Jessica Servais: He was trying to help. Like helium thought they were trying to assistance him find the origin of the accident.

INVESTIGATOR: How did the tube get done the windshield, let's commencement there.

TODD KENDHAMMER: The tube — I don't — It came disconnected a truck.

But they were closing successful connected what they believed were Todd's lies.

INVESTIGATOR: There's nary explanations for it. You can't — the injuries that were connected Barb did not hap from that accident, from a tube going done your windshield.

And then, erstwhile constabulary pressed him astir wherever helium was really going that day, Todd Kendhammer changed his story.

INVESTIGATOR: I talked to Justin.

Tim Gruenke: He … told a communicative that helium wasn't going to Justin Heim's house. It was really a person of Justin's.

Police would aboriginal find that person who told them helium besides didn't request a windshield and was not expecting Todd the time of the incident.

Erin Moriarty: Isn't it imaginable helium was successful shock? Isn't it imaginable that helium conscionable can't retrieve thing from that time?

Tim Gruenke: Part of it. … I could spot idiosyncratic not remembering a item oregon two. Not remembering thing traumatic. But the things that situation it you usually bash remember. … So, things similar remembering wherever you were going.

After 3-and-a-half hours of questioning Todd, investigators fto him spell home, but they kept gathering their case.

Tim Gruenke: Do I cognize precisely blow-by-blow however it happened? No, I don't. But I cognize it didn't hap from a tube coming disconnected a truck.

Three months aft Barbara's death, Todd Kendhammer was arrested.

Jessica Servais: We were fundamentally conscionable like, "Well however we get him backmost out?" Because helium is not expected to beryllium successful determination …

Jessica hoped a assemblage would judge her begetter erstwhile Todd took the basal to archer his broadside of the communicative astatine his trial.

Tim Gruenke: I deliberation helium conscionable looked similar idiosyncratic who was trying to explicate distant his lies.

EXAMINING THE EVIDENCE

TIM GRUENKE (trial opening): What started retired looking similar a tragic car mishap would soon go much complicated.

In December 2017 erstwhile Todd Kendhammer went to proceedings for his woman Barbara's murder, astir everyone who attended was determination to enactment him. Yet, his girl Jessica feared the worst.

Jessica Servais: Every time I was successful a changeless authorities of anxiousness and couldn't devour and couldn't sleep.

DR. KATHLEEN MCCUBBIN | Medical examiner: The origin of Barbara Kendhammer's decease was blunt interaction injuries of her caput and neck.

The state's prima witnesser was Medical Examiner Dr. Kathleen McCubbin.

DR. KATHLEEN MCCUBBIN: I did not judge that these injuries are accordant with the extremity of a tube striking the backmost of the head.

Todd's proceedings lawyer Stephen Hurley didn't telephone a forensic pathologist of his ain to quality the state's lawsuit but tried to make tenable uncertainty during cross-examination.

STEPHEN HURLEY: If her caput were moving astatine the clip of the tube coming through, the tube had the potential, due to the fact that it is immoderate 5 feet long, to onslaught her caput successful much than 1 place, is that correct?

DR. KATHLEEN MCCUBBIN: That whitethorn beryllium possible, yes.

Attorney Hurley asked McCubbin if Barbara's ample h2o mug could person slammed into her look if she ducked to debar the tube and caused immoderate of the injuries.

DR. KATHLEEN MCCUBBIN: Yes, it could be. It's a possibility.

But erstwhile Hurley questioned Dr. McCubbin, helium didn't absorption connected 1 of the captious injuries that Barbara suffered – the cricoid fracture – which the prosecution insisted could lone person been caused by Todd.

Tim Gruenke: And it could person happened successful a multitude of ways, but I judge during the fight, her cricoid fracture happens.

MARK MESHULAM (showing photograph of the windshield): This is the presumption of the wrong of the car looking out.

The windshield of the car was arsenic hotly disputed arsenic the aesculapian evidence. The defense's expert, Mark Meshulam, with implicit 30 years of acquisition moving with glass, believes the grounds supports Todd's story.

MARK MESHULAM: By observing the ace branching ...

The fracture patterns connected the windshield, helium said, amusement 3 antithetic events.

MARK MESHULAM: The archetypal 1 was a manus impact, erstwhile Mr. Kendhammer's fist went into the glass.

The 2nd lawsuit was the puncture erstwhile the tube broke done the windshield. And the third, harder to detect, was caused, helium said, erstwhile Todd removed the tube from the windshield.

NICK STAHLKE: The lines that are highlighted present would bespeak those interaction points.

But the state's forensic adept Nick Stahlke said the impacts didn't hap successful the bid that Meshalum said they did. District Attorney Gruenke argues this is much grounds showing that Todd Kendhammer intentionally damaged the windshield, and it was not from a tube falling disconnected a truck.

Tim Gruenke: It couldn't person done what helium said it did. … The transgression laboratory recovered that the windshield had 2 strikes connected the extracurricular which is impossible. However the tube comes, it's not going to hit, backmost up again and deed again.

Jordan Kendhammer: If helium wanted to termination ma, wherefore the hellhole would helium spell done each the enactment and occupation to find a pipe, thrust each the mode retired to the mediate of a engaged roadworthy —

Jessica Servais: He has similar 28 guns successful the basement …

Jordan Kendhammer: More than that.

Jessica and Jordan don't judge prosecutors ever answered captious questions astir what happened.

Jessica Servais: They ne'er truly said however helium killed her oregon what helium did to signifier everything. If what they're saying is helium staged it and killed her astatine the aforesaid time, the clip framework doesn't acceptable up either. You don't person capable clip to bash each that stuff.

Because that operation idiosyncratic drove by astatine 8 a.m. that morning, Todd had conscionable 5 minutes to signifier the transgression earlier helium called 911 astatine 8:05 a.m.

Erin Moriarty: So, successful that abbreviated play of clip helium had the beingness of caput to spell get the tube retired of the trunk, spell around, interruption it doubly … and telephone 911 and administer CPR.

Tim Gruenke: Yes. … He tin bash a batch of harm successful 2 oregon 3 minutes. So, it's much clip than radical think.

JUDGE TODD BJERKE: Mr. Hurley, you'll beryllium calling your adjacent witness?

STEPHEN HURLEY: Yes, I telephone Todd Kendhammer.

With truthful overmuch astatine stake, the defence decided to gamble by putting Todd Kendhammer himself connected the stand.

STEPHEN HURLEY: Did you ever onslaught Barbara Kendhammer?

TODD KENDHAMMER: No.

Todd tried to explicate to the jurors why, during the constabulary interrogation, helium told investigators conflicting stories astir wherever helium was going that morning.

TODD KENDHAMMER: When I ticker that video it's maine successful the picture, but it's not maine talking. I'm not successful the close authorities of caput talking successful that. I wasn't reasoning of wherever I was going oregon what I was doing. I was reasoning of Barb.

Todd seemed to beryllium doing good …

JUDGE TODD BJERKE: Mr. Gruenke, you whitethorn statesman your cross-examination.

… until helium had occupation remembering details astir that day:

TODD KENDHAMMER: I don't callback if I said that oregon not.

TODD KENDHAMMER: I don't retrieve that.

TODD KENDHAMMER: I can't callback for sure.

But his astir damaging grounds whitethorn person been erstwhile helium changed his communicative yet again. He told the assemblage astir a 3rd idiosyncratic helium was supposedly going to spot connected the time of the incident: Jared Loging.

TIM GRUENKE: And contiguous you accidental you were trying to find the location of Mr. Loging?

TODD KENDHAMMER: Correct.

Tim Gruenke: So that's different kinda unusual connection to marque — that that's wherefore you were going that way. And wherefore you couldn't person told constabulary that the archetypal clip oregon the 2nd clip oregon successful the twelvemonth earlier trial.

And conscionable similar the others Todd said helium was going to sojourn that morning, Loging said helium had ne'er arranged for Todd to regenerate a windshield.

TIM GRUENKE: Did you alteration your communicative for proceedings due to the fact that you knew constabulary had figured retired your lies?

TODD KENDHAMMER: No.

JUDGE TODD BJERKE: We the assemblage find the suspect Todd A. Kendhammer blameworthy …

The assemblage was retired conscionable 9 hours earlier they reached their verdict. Three months later, everyone was backmost successful the courtroom. The condemnation had an automatic beingness sentence, but it was up to the justice to determine if Todd Kendhammer would beryllium eligible for parole.

GERIANNE BUCHNER WETTSTEIN [on the stand]: I americium present today. I bash not basal alone.

Jessica and Jordan were stunned erstwhile Gerianne Buchner Wettstein, their mom's cousin, spoke retired against Todd and read a missive signed by respective different cousins.

Jessica Servais: I conscionable retrieve thinking, like, "wow!"

GERIANNE BUCHNER WETTSTEIN: Barbara recovered the courageousness that time to combat back. Therefore, we basal present today, agreed with that aforesaid courageousness asking you to condemnation her slayer to the maximum punishment possible.

But Jessica says Gerianne had been estranged from their mother.

Jessica Servais: She fundamentally painted this country that … she conscionable feels truthful atrocious astir my ma and her large bluish eyes, adjacent though her eyes are green. … My ma hates her.

"48 Hours" reached retired to Gerianne and she denies Jessica's claims that she was estranged from Barbara. But her grounds wasn't the lone astonishment that day. Gruenke had immoderate harsh words for the Kendhammer family, who had to merchantability Todd and Barbara's location and Jessica's location to wage Todd's ineligible bills.

TIM GRUENKE [at sentencing]: Pardon my language, but to beryllium perfectly frank they request to get their caput retired of their ass. They request to commencement looking astatine this successful world …

Jessica Servais: I don't deliberation you should beryllium capable to speech that mode successful a courtroom. If you tin deliberation that to yourself, that's good due to the fact that I besides deliberation you're an ass, but I'm not going to accidental it retired loud.

Jordan Kendhammer: At slightest connection it different.

Erin Moriarty: Don't you deliberation you whitethorn person added to their symptom astatine that sentencing by saying that?

Tim Gruenke: I deliberation I person to unfastened their eyes successful immoderate way. … I deliberation they are giving him mendacious hope. And I deliberation he's dragging them down with him by utilizing each their wealth to proceed successful his lies.

The justice ruled Todd Kendhammer would beryllium eligible for parole aft 30 years. But Todd's lawsuit is acold from over.

NEW EVIDENCE PRESENTED

Todd Kendhammer's verdict was guilty. But Jessica and Jordan are determined to wide his name.

Jessica Servais: Because helium didn't bash it. … And helium doesn't lie. So, erstwhile helium says helium didn't bash it, we judge him.

That content is wherefore Barbara and Todd's children brought connected Jerry Buting and Kathleen Stilling, who recognize that undoing a execution condemnation is an immense challenge.

Jerry Buting: It's precise hard to reverse a judgement that's go final.

Kathleen Stilling: it's benignant of similar trying to crook an craft carrier. It's dilatory … and hard to do.

Still, they overcame a large archetypal hurdle: getting backmost successful court.

Todd Kendhammer was granted an evidentiary hearing. It was a accidental to reason that his archetypal defence squad had been ineffective, and that determination was critical, caller evidence.

Jessica Servais: We were grateful that the justice was taking the clip to spot what we had travel up with.

And 4 years aft his condemnation for the intentional homicide of his woman Barbara, inmate Kendhammer was backmost successful beforehand of Judge Todd Bjerke.

It opened the courthouse doors a crack, to the anticipation of a caller trial.

Erin Moriarty: Is this the astir hopeful you person felt … that your dada whitethorn person a accidental to locomotion retired of prison?

Jessica Servais: Yeah.

The load is present connected the defense. Jerry Buting starts by calling a forensic pathologist, thing Todd's archetypal defence squad had elected not to do.

Jerry Butting: They chose to spell a antithetic route. And I deliberation that was superior mistake that truly damaged Todd's quality to support himself.

But present Dr. Shaku Teas, who has performed immoderate 6,000 autopsies, would analyse Barbara Kendhammer's aesculapian records and autopsy photos.

JERRY BUTING: Did you observe thing connected her assemblage that was accordant with Barbara Kendhammer having been beaten with fists?

DR. SHAKU TEAS: No.

JERRY BUTING: Or that she was a pistillate who had been successful a fight?

DR. SHAKU TEAS: No.

Doctor Teas contradicted the findings of the aesculapian examiner who had performed the autopsy and testified astatine trial, Dr. McCubbin.

DR. KATHLEEN MCCUBBIN: Yes, immoderate of her injuries surely could beryllium accordant with an battle oregon beating arsenic well, yes.

PROSECUTOR SUSAN DONSKEY: Consistent with strangulation?

DR. KATHLEEN MCCUBBIN: It could be, yes.

But for Dr. Teas, the stark photos and soundless sketches archer a antithetic story.

DR. SHAKU TEAS: I don't spot immoderate injuries connected Barbara that I would accidental are suggestive oregon accordant with strangulation.

And Dr. Teas suggests that the wounded to Barbara's cricoid could beryllium owed to that ample question mug.

JERRY BUTING: So, if she had that successful her thigh erstwhile she's moving forward, could that person caused the cricoid fracture

DR. SHAKU TEAS: It could beryllium the mug.

As for the injuries to the backmost of her caput …

Erin Moriarty: If the tube is coming successful … however would she get terrible injuries successful the backmost of her head?

Jerry Buting: Because she ducked, and the tube came done similar that (ducks his caput and precocious body) and grazed the backmost of her head.

DR. SHAKU TEAS: Barbara Kendhammer died arsenic a effect of … an automobile accident.

And Teas believes immoderate injuries seen successful the autopsy came from the last enactment of Barbara Kendhammer's generosity: the harvesting of her donated organs.

But DA Gruenke doesn't bargain the theories of Dr. Teas.

Tim Gruenke: I don't enactment a batch of religion successful her testimony.

But erstwhile it comes to Todd Kendhammer's guilt oregon innocence, Buting and Stilling accidental determination is much than conscionable carnal grounds to consider.

DR. GEOFFREY LOFTUS [testifying via Zoom]: Something precise traumatic and attention-grabbing had occurred, which would apt obliterate immoderate short-term representation that Mr. Kendhammer would person had.

The defence hired different expert, this clip successful quality memory. Dr. Geoffrey Loftus testified that Todd Kendhammer's assorted stories could beryllium a effect of accent from a unspeakable accident.

KATHLEEN STILLING: Would you accidental that this was a concern that was ripe for an inaccurate memory?

DR. GEOFFREY LOFTUS: Yes.

Still the astir arguable facet of this communicative is astir that tube that Todd claims crashed done his windshield and killed Barbara.

As portion of their archetypal investigation, section authorities had attempted to reconstruct Todd's communicative of the deadly incidental connected County Road M.

They tested, and taped, dropping a akin tube disconnected the backmost of a motortruck to spot if it could, successful fact, bounce. The idea: to find if a tube mightiness person bounced precocious capable to deed the windshield of Todd's oncoming car.

But Kendhammer's lawyers thought the tube trial was inconclusive. They ne'er shared the investigators' video with justice oregon jury. And neither did the state.

Tim Gruenke: I didn't deliberation we needed it. The defence didn't privation it. We conscionable agreed not to usage it.

It was lone astatine the caller evidentiary proceeding that the tube trial was yet presented successful court.

Jerry Buting: The archetypal clip the justice ever adjacent heard astir those experiments was successful our motion.

Butting and Stilling shared the tube trial video with "48 Hours."

Erin Moriarty: What you're showing maine is that the state's ain experts did an experimentation that if successful information the tube bounced similar this it could've done precisely what Todd said it did.

Jerry Buting: That's right.

Jerry Buting: Now that 1 hits connected its extremity and look however it bounces.

Erin Moriarty: And travel up truly high.

Jerry Buting: It comes up high.

Erin Moriarty: In your caput these videos amusement that it could person happened.

Jerry Buting: That's the point. Yes.

Which contradicts authorities investigators who, from the beginning, had suggested that a tube slamming done Todd's windshield was adjacent to impossible.

INVESTIGATOR [during interrogation]: What are the likelihood that that would hap to a feline that changes retired windshields? I mean, what bash you accidental those likelihood are? One successful a trillion if astatine all?

Buting and Stilling introduced grounds from crossed America to beryllium it's much communal than you think.

Jerry Buting (referencing video evidence): This 1 is successful — adjacent Bakersfield, California, a tube that looks remarkably akin that went close done this person's vehicle. Here's different one. … This one's Houston, OK.

Erin Moriarty: And it goes close done and hits —

Jerry Buting: Would've killed —

Erin Moriarty: A passenger.

And it turns retired you don't person to beryllium an adept to find a portion of tube on a state road.

Jessica Servais: There was different tube connected the roadworthy up the ways … that idiosyncratic found.

Erin Moriarty: There was a pipe, and erstwhile was that tube found?

Jordan Kendhammer: Shortly after.

Erin Moriarty: And it was precise akin to the 1 that went done the windshield?

Jordan Kendhammer: Same diameter, aforesaid material.

Erin Moriarty: What bash you deliberation happened?

Jordan Kendhammer: I judge the tube came done and deed mom.

That content successful their begetter would not waver. Still however could the experts astatine proceedings spot a lawsuit truthful differently? We decided to inquire different forensic pathologist to instrumentality a caller look astatine the evidence.

Lindsay Thomas: The much I looked astatine it, the much I understood wherefore it's truthful complicated.

A COMPLICATED CASE

Dr. Lindsey Thomas is simply a forensic pathologist who has performed astir 5,000 autopsies.

Dr. Lindsey Thomas: If it didn't hap the mode Todd says it happened, past however did it happen?

Dr. Lindsey Thomas: This is the benignant of lawsuit wherever it isn't that wide cut.

"48 Hours" asked her to reappraisal the aesculapian grounds successful this lawsuit – including Dr. McCubbin's autopsy report.

Dr. Lindsey Thomas: The archetypal autopsy was precise good done and the conclusions that they reached were precise reasonable.

Still, Dr. Thomas says she wouldn't person reached immoderate of the aforesaid conclusions.

Dr. Lindsey Thomas: And that's what makes this lawsuit truthful challenging.

The astir troubling wounded for her is that cricoid fracture connected Barbara's neck. She agrees with Dr. Teas, the forensic pathologist who testified for the defence successful the evidentiary proceeding and does not judge that Barbara was strangled.

Dr. Lindsey Thomas: I've ne'er seen a fractured cricoid successful strangulation. … I wouldn't accidental it perfectly can't happen, but surely I haven't seen it, I haven't work astir it, I haven't heard astir it … it seems much accordant with the benignant of happening that would hap — successful a weird car crash.

And she believes the injuries to the backmost of Barbara's caput were excessively terrible to person been caused by Todd's fists. But she says Barbara could person been deed with a dense entity similar her mug.

Dr. Lindsey Thomas: Yeah, it would person to beryllium a important java cup. But I recognize determination was a beauteous important java cupful successful the car.

Ultimately, Dr. Thomas can't accidental for definite however Barbara sustained her injuries.

Dr. Lindsey Thomas: Based connected conscionable the aesculapian grounds alone, it wouldn't beryllium 1 wherever … you could decidedly say, "Oh, this is intelligibly a homicide oregon intelligibly an accident."

Erin Moriarty: The thought that a antheral is sitting successful prison, does that interest you?

Dr. Lindsey Thomas: Well, it ever does erstwhile you person a lawsuit similar this that isn't wide cut. … You conscionable interest a small that the grounds was fixed excessively overmuch value 1 mode oregon the other, oregon the assemblage wasn't fixed each of the applicable materials.

Erin Moriarty: Had you ever served connected a execution proceedings earlier arsenic a assemblage member?

Tim Brennan: No. Not ever.

Tim Brennan, the assemblage foreman, says helium recovered Dr. McCubbin's grounds precise convincing. We shared with him immoderate of the caller accusation from the evidentiary hearing, including Dr. Teas' conclusions.

Erin Moriarty: If you had heard a aesculapian examiner disagree with Dr. McCubbin … would that person made a difference?

Tim Brennan: Without proceeding the afloat grade … of that — it's hard to say.

Still, helium stands by the assemblage verdict.

Tim Brennan: When Todd Kendhammer … gave his grounds … He conscionable came crossed arsenic a idiosyncratic with a batch of falsehoods.

Erin Moriarty: When you accidental falsehoods, did you consciousness helium was lying?

Tim Brennan: Definitely.

Tim Brennan: I'm precise assured that we got it right.

As the Kendhammer household awaits the judge's ruling, Todd is serving his beingness condemnation much than 2 hours distant from his kids.

Erin Moriarty: What bash you miss the astir astir your ma and having your dada around?

Jessica Servais: I utilized to beryllium annoyed … that helium would telephone maine each the time, and similar ever travel over, but I benignant of miss it present (crying). … I conscionable miss having them astir each the time.

And Jessica's girl Carlin is increasing up without her grandparents.

Jessica Servais: Their imagination was ever to bash worldly with their grandkids … truthful it's conscionable hard not to person him with her.

Now, Jessica and Jordan and each those who judge successful Todd Kendhammer proceed to wait, hoping helium gets different changeable astatine what they judge is justice.

Erin Moriarty: Do you deliberation your dada volition beryllium coming home?

Jessica Servais: Yes. … We aren't going to halt until helium tin beryllium home.

Prosecutor Gruenke believes justness has already been served for Barbara Kendhammer.

Erin Moriarty: Do you person immoderate concerns astatine each that you mightiness person convicted an guiltless man?

Tim Gruenke: Not successful this case, no.

Todd Kendhammer's requests for a caller proceedings person been denied.

Produced by Chris Young Ritzen, James Stolz, and Dena Goldstein. The improvement producers are Charlotte Fuller and Julie Kramer. The editors are Gary Winter, Doreen Schechter, Joan Adelman and Marcus Balsam. Lourdes Aguiar is the elder producer. Nancy Kramer is the enforcement communicative editor. Judy Tygard is the enforcement producer.

Read Entire Article