Man claims his spouse was killed by pipe coming by way of automobile windshield

[This story originally aired on January 29, 2022. It was updated on September 3.]

Todd Kendhammer mentioned his spouse Barbara was killed in a freak accident when a pipe smashed into the windshield of their automobile in 2016. A Wisconsin jury did not consider him, and he was sentenced to life in jail. Their kids consider he is harmless. Now, his new authorized crew says there may be proof the jury by no means heard. Will a choose grant a brand new trial?

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Yearly, the place the Mississippi widens out on its regular journey south alongside the river city of La Crosse, Wisconsin, bald eagles collect.

Lofty symbols of freedom, they soar near the distant nation street the place 46-year-old Barbara Kendhammer was fatally injured. The circumstances, so uncommon, made headlines and despatched her husband Todd to jail for all times.

Kathleen Stilling: I simply grew to become fascinated by the story that I noticed unfolding right here.

Now, Todd Kendhammer’s appeals crew says his homicide conviction is the true injustice that occurred on this controversial case. 

Erin Moriarty: Do you consider that Todd Kendhammer had something to do with the loss of life of his spouse?

Kathleen Stilling: No.

Jerry Buting: This was an accident.

Erin Moriarty: You do not consider there was a homicide in any respect?

Jerry Buting: Under no circumstances. This isn’t a homicide case.

Lawyer Jerry Buting is greatest identified for defending Steven Avery, on Netflix’s “Making a Assassin.” And now, together with lawyer Kathleen Stilling, who additionally occurs to be his spouse, they’ve taken on Todd’s case, which they are saying must be measured by his marriage to Barbara.

Kathleen Stilling: Their relationship was actually particular. … that was one of many issues that actually drew me to this case. … The concept that out of the blue he would snap and kill his spouse after which stage the accident, it simply appears so implausible to me.

They insist this is not a homicide thriller. It is an old school love story that led to a tragic accident. Throughout his trial, Todd instructed the courtroom that he fell for Barbara, at first sight. 

TODD KENDHAMMER [on the stand]:  …simply a type of issues the place you already know instantly that is the woman you need.

Each had been simply 16. Pals at first, they started relationship in 1989. And in August 1991, they sealed the deal.

Quickly Jessica after which Jordan got here alongside. Witnesses, they are saying, to a romance.

Erin Moriarty: How would you describe your dad?

Jessica Servais: Effectively, mother all the time known as him a wild hare (laughs).

Jordan Kendhammer: He was all the time, all the time, all the time on the go and all the time has some new loopy thought.

Jessica Servais: And he or she simply was all about going with him for something.

To the youngsters it was clear. Todd adored Barbara.

Jessica Servais: He is simply all the time like doting on her with stuff.

Erin Moriarty: Did your dad and mom argue greater than another couple?

Jessica Servais: Undoubtedly not.

Jordan Kendhammer: I might say not.

Jessica Servais: No matter my mother wished my dad gave it to her (laughs).

Barbara labored within the cafeteria on the West Salem Center Faculty. Todd labored at a manufacturing unit making aluminum soda cans. On the aspect, he flipped homes with Barb.

Jessica Servais: That was like the most important out-on-a-limb factor, he is like “Let’s purchase a home and flip it,” and we’re similar to, “OK” (laughs).

For further earnings Todd additionally labored with glass, changing individuals’s smashed and damaged windshields. They paid their payments and lived comfortably.

Jessica Servais: They had been simply in a very good time of their lives ‘trigger they’d their first grandchild, they usually had been properly off. 

In 2016 Jessica and Jordan threw their dad and mom a shock twenty fifth anniversary get together.

Jessica Servais: And every little thing was good. It was good.

Erin Moriarty: Till it wasn’t.

Jessica Servais: Yeah.

It was a month later, September 16, 2016.  The Kendhammer household was making ready for his or her annual tenting journey.  The plan was to depart later that day after Barb completed work. 

Jordan Kendhammer: I wakened within the morning. … Ma and pop had been nonetheless dwelling. I heard mother within the kitchen.

It was early that morning. Jordan, dwelling from school, says he heard the storage door open, and his dad and mom’ automobile go away. No arguing. Nothing uncommon, he says, simply his dad, doubtless driving his mother to work at college.

Jordan Kendhammer: If he had off, he’d take her to work and he’d go about doing his errand issues. After which when he bought completed, he’d choose her up.

A bit of after 7:45 a.m., the couple stopped on the dwelling of a neighbor. They had been taking care of her home whereas she was away and stayed just some minutes. After which, surprisingly, as an alternative of heading to Barbara’s faculty, Todd headed north — away from it.  Why he did would turn out to be a essential query.

At 8:05 a.m., a distraught Todd made that decision to 911. He mentioned there had been a horrible accident. And Barbara was badly damage. 

911 OPERATOR: 911 what’s the handle of the emergency?

TODD KENDHAMMER: … She’s hit within the head and within the throat. I feel within the throat or one thing.

On the scene, Todd started to inform his model of what occurred:

OFFICER: There was a pipe within the floor?

TODD KENDHAMMER: No, it got here out of that tree, off a truck.

OFFICER: Off a truck?

TODD KENDHAMMER: A truck, or a trailer or one thing.

Barbara was rushed to the hospital.

TODD KENDHAMMER: Is she OK?

OFFICER: I can not inform you that. I do not know. 

Positioned by police right into a squad automobile, Todd continued together with his account:

TODD KENDHAMMER: [in police car] I believed it was a chicken at first … After which on the final minute I seen it was a pipe.

Quickly Jessica and Jordan met their father. He appeared devastated. His T-shirt soaked in blood.

Jessica Servais: He was pale and shaky and panicky and wished to understand how she was doing, like, on a regular basis.

Erin Moriarty: Inform me what he instructed you concerning the accident.

Jordan Kendhammer: They had been driving and … one thing got here, and it hit mother.

Jessica Servais: I used to be like, how did a pipe hit her? … he mentioned it got here by way of the windshield, and I pulled it out of the windshield.

Erin Moriarty: How did you learn how critically your mother was actually injured?

Jessica Servais: The neurosurgeons stored coming in and giving us updates, however the best way that they had been speaking her prognosis was fairly poor.

The beginning of a household vacation quick changed into an all-night bedside vigil. It would not final lengthy.

Jessica Servais: I feel it was like 4 or 5 or one thing … they usually truly pronounced her, like, mind lifeless.

Erin Moriarty: How did your father take care of that information?

Jessica Servais: He was simply very upset.

As daybreak broke over the Mississippi, Barbara Kendhammer — spouse, mom, grandmother — took her final breath.

Jessica Servais: She was gone.

The household mourned. They’d already made the robust choice to donate Barbara’s organs. However issues would quickly get even harder. Police had been already suspicious of Todd.

OFFICER (on the scene): Take photos of Todd. His entrance, all of the blood, his knuckles, every little thing.

On the scene of the incident, officers had seen Todd’s bloodied knuckles. And he had what seemed to be scratch marks on his neck. 

Prosecutor Tim Gruenke:  The police stored discovering another step and another step that might disprove his story.

THE CASE AGAINST TODD

 

Erin Moriarty: So how massive is that this pipe, Tim?

Tim Gruenke: 53 inches lengthy. And it weighs about 10 kilos.

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

Todd Kendhammer says the pipe flew off a truck, smashed into the windshield of the automobile he was driving and prompted his spouse Barbara’s loss of life — a narrative that Prosecutor Tim Gruenke says is solely preposterous.

Tim Gruenke: Our idea is that he used that himself to place the opening within the windshield. It did not fly off of a truck going by.

Tim Gruenke: Todd mentioned he was touring north on Freeway M.

Gruenke says that police grew to become suspicious of Todd when items of his story simply did not appear so as to add up, beginning with that mysterious truck.

Tim Gruenke: He turned proper onto Bergum Coulee Street.

That is the outline Todd Kendhammer gave police on the best way to the hospital:

TODD KENDHAMMER: It was a older, like an even bigger flatbed-looking truck … Like a pickup truck with a flatbed on it.

INVESTIGATOR: What coloration was the cab?

TODD KENDHAMMER:  I do not even keep in mind. It was darker, I do not — that is all I do know. Darkish inexperienced or darkish blue.

Erin Moriarty (on the scene, pointing at street): So, he is going this manner and he claims that the — {that a} truck carrying a pipe was going this manner?

Tim Gruenke: Right.

Erin Moriarty: Have been you ever capable of finding a truck?

Tim Gruenke: No. Police spent a while on the lookout for the truck and placing out phrase to the neighborhood to ask if anyone noticed a truck that day.

Surveillance video from a horse ranch down the street does present what seems to be the Kendhammer automobile move by at roughly 7:57 a.m. on the day of the incident. However at across the identical time, no truck that matched the outline Todd gave police was ever seen heading in the wrong way.

After which 4 days after the incident, Medical Examiner Dr. Kathleen McCubbin performed an post-mortem on Barbara. 

Tim Gruenke: She did not perceive when she first heard a pipe had completed it. She had known as legislation enforcement to have a look at the pipe ‘trigger she did not perceive how that could possibly be.

Barbara had three lacerations on the again of her head.

Tim Gruenke: She mentioned that the accidents to Barb had been very inconsistent with a pipe of that dimension and that weight coming by way of the windshield.

She concluded that Barbara died of “blunt trauma accidents of the top and neck, with cranium fractures … cricoid cartilage fractures … and supreme mind loss of life.” The cricoid is the ring-shaped bony cartilage construction situated within the decrease neck.  

Erin Moriarty: What do you consider prompted the damaged cricoid cartilage?

Tim Gruenke: It is according to strangulation.

The health worker additionally famous that there have been numerous different accidents on Barbara that recommended there may have been an earlier battle. She had scratches on her neck, a damaged nostril, a laceration on her brow and bruising throughout her physique.

Tim Gruenke: She had some accidents to her fingers.

Todd additionally had accidents to his palms.

Tim Gruenke: He mentioned that got here from putting the windshield when he noticed one thing flying at him.

And he had what seemed to be scratches on his neck and chest as properly.

Tim Gruenke: He mentioned he bought that ‘trigger he labored with glass. It seems he does not work with glass. He places in windshields. However he does not usually work with glass or damaged glass. So these accidents appeared odd. … It appears constant like somebody who was in a combat. A very unhealthy combat.

Police had additionally interviewed a development employee who mentioned he drove by the Kendhammer automobile round 8 a.m. however did not see any injury to the windshield or any individuals round. 

Tim Gruenke: He noticed the automobile within the ditch. … And thought possibly any person had simply pushed off the street or tried to make a flip and bought caught.

Erin Moriarty: So, he did not see anyone. He did not see both Todd or Barbara?

Tim Gruenke: Right.

Erin Moriarty: May they’ve been hidden within the excessive grass?

Tim Gruenke: Effectively, that is the one thought is that … he was possibly attempting to carry her down and preserve her from calling for assist.

There have been different pink flags. On the day of the incident Barbara was scheduled to work at 8 a.m., however she by no means known as to say that she’d be late. She additionally didn’t make her every day name her to her mother.

Tim Gruenke: As a girl who has by no means been later for work, who all the time calls her mother … once you have a look at, that is an apparent change of the sample.

And the place had been Todd and Barbara driving to that morning, entering into the wrong way from Barbara’s work?

That is what Todd Kendhammer instructed investigators on the drive to the hospital:

TODD KENDHAMMER: I am gonna put a windshield in a truck for a man.

INVESTIGATOR: So, is the windshield you had been going to exchange in any person’s driveway or?

TODD KENDHAMMER: In his truck. I used to be gonna take it to my home.

Todd instructed police that, on the best way to drive Barbara to work, he determined to drive over to choose up a truck that wanted a windshield changed. He mentioned the truck, with keys inside, was within the driveway of an individual he knew from work named Justin Heim.

INVESTIGATOR: Did you name the man?

TODD KENDHAMMER: No, I did not name him. … I used to be simply gonna swing over and if it was there seize it.

However when the investigators spoke with Justin Heim, he instructed a really totally different story. 

Tim Gruenke: When the police appeared into that, they discovered Justin Heim by no means had ordered a windshield from Todd, did not want a windshield. Todd did not even know the place he lived.

So only one week after Barbara’s loss of life and simply two days earlier than her funeral, investigators requested Todd to return all the way down to the police station below the ruse that they’d some leads on vans which will have dropped the pipe that day.

TODD KENDHAMMER [in interrogation room, opening pill container]: Is it OK if I take that? I did not take my medication this morning.

INVESTIGATOR: Yeah, that is positive. 

As investigators started to query him, Todd instructed them he had not taken his anti-anxiety medicine, and he appeared confused and forgetful of particulars.

TODD KENDHAMMER [distraught, holding his head in his hands]: And — I — I — I — simply do not — keep in mind, I keep in mind — and I do not understand how … I keep in mind — I keep in mind the worst half was once I appeared — the pipe was — the pipe was there …”

Jessica Servais: He was attempting to assist. Like he thought they had been attempting to assist him discover the reason for the accident.

INVESTIGATOR: How did the pipe get by way of the windshield, let’s begin there.

TODD KENDHAMMER: The pipe — I do not — It got here off a truck.

However they had been closing in on what they believed had been Todd’s lies.

INVESTIGATOR: There is no explanations for it. You may’t — the accidents that had been on Barb didn’t happen from that accident, from a pipe going by way of your windshield.

After which, when police pressed him about the place he was truly going that day, Todd Kendhammer modified his story.

INVESTIGATOR: I talked to Justin.

Tim Gruenke: He … instructed a narrative that he wasn’t going to Justin Heim’s home. It was truly a good friend of Justin’s. 

Police would later discover that good friend who instructed them he additionally did not want a windshield and was not anticipating Todd the day of the incident. 

Erin Moriarty: Is not it attainable he was in shock? Is not it attainable that he simply cannot keep in mind something from that point?

Tim Gruenke: A part of it. … I may see any person not remembering a element or two. Not remembering one thing traumatic. However the issues that encompass it you normally do keep in mind. … So, issues like remembering the place you had been going.  

After 3-and-a-half hours of questioning Todd, investigators let him go dwelling, however they stored constructing their case. 

Tim Gruenke: Do I do know precisely blow-by-blow the way it occurred? No, I do not. However I do know it did not occur from a pipe coming off a truck.

Three months after Barbara’s loss of life, Todd Kendhammer was arrested.

Jessica Servais: We had been mainly similar to, “Effectively how we get him again out?” As a result of he’s not alleged to be in there …

Jessica hoped a jury would consider her father when Todd took the stand to inform his aspect of the story at his trial.

Tim Gruenke: I feel he simply appeared like any person who was attempting to elucidate away his lies.

EXAMINING THE EVIDENCE

TIM GRUENKE (trial opening): What began out wanting like a tragic automobile accident would quickly turn out to be extra difficult.

In December 2017 when Todd Kendhammer went to trial for his spouse Barbara’s homicide, nearly everybody who attended was there to assist him. But, his daughter Jessica feared the worst.

Jessica Servais: Day-after-day I used to be in a continuing state of tension and could not eat and could not sleep. 

DR. KATHLEEN MCCUBBIN | Medical expert: The reason for Barbara Kendhammer’s loss of life was blunt affect accidents of her head and neck.

The state’s star witness was Medical Examiner Dr. Kathleen McCubbin.

DR. KATHLEEN MCCUBBIN: I didn’t consider that these accidents are according to the top of a pipe putting the again of the top.

Todd’s trial lawyer Stephen Hurley did not name a forensic pathologist of his personal to dispute the state’s case however tried to create cheap doubt throughout cross-examination.

STEPHEN HURLEY: If her head had been transferring on the time of the pipe coming by way of, the pipe had the potential, as a result of it’s some 5 ft lengthy, to strike her head in a couple of place, is that appropriate?

DR. KATHLEEN MCCUBBIN: That could be attainable, sure.

Lawyer Hurley requested McCubbin if Barbara’s massive water mug may have slammed into her face if she ducked to keep away from the pipe and prompted a few of the accidents.

DR. KATHLEEN MCCUBBIN: Sure, it could possibly be. It is a risk.

However when Hurley questioned Dr. McCubbin, he did not give attention to one of many essential accidents that Barbara suffered – the cricoid fracture – which the prosecution insisted may solely have been brought on by Todd.  

Tim Gruenke: And it may have occurred in a large number of the way, however I consider throughout the combat, her cricoid fracture occurs. 

MARK MESHULAM (exhibiting photograph of the windshield): That is the view of the within of the automobile searching.

The windshield of the automobile was as hotly disputed because the medical proof. The protection’s skilled, Mark Meshulam, with over 30 years of expertise working with glass, believes the proof helps Todd’s story.

MARK MESHULAM: By observing the crack branching … 

The fracture patterns on the windshield, he mentioned, present three totally different occasions.  

MARK MESHULAM: The primary one was a hand affect, when Mr. Kendhammer’s fist went into the glass.  

The second occasion was the puncture when the pipe broke by way of the windshield.  And the third, tougher to detect, was prompted, he mentioned, when Todd eliminated the pipe from the windshield.  

NICK STAHLKE: The strains which might be highlighted right here would point out these affect factors. 

However the state’s forensic skilled Nick Stahlke mentioned the impacts did not happen within the order that Meshalum mentioned they did. District Lawyer Gruenke argues that is extra proof exhibiting that Todd Kendhammer deliberately broken the windshield, and it was not from a pipe falling off a truck. 

Tim Gruenke: It could not have completed what he mentioned it did. … The crime lab discovered that the windshield had two strikes on the skin which is unattainable. Nonetheless the pipe comes, it is not going to hit, again up once more and hit once more.

Jordan Kendhammer: If he wished to kill ma, why the hell would he undergo all of the work and hassle to discover a pipe, drive all the best way out to the center of a busy street —

Jessica Servais: He has like 28 weapons within the basement … 

Jordan Kendhammer: Greater than that.

Jessica and Jordan do not consider prosecutors ever answered essential questions on what occurred. 

Jessica Servais: They by no means actually mentioned how he killed her or what he did to stage every little thing. If what they’re saying is he staged it and killed her on the identical time, the time-frame does not match up both. You do not have sufficient time to do all that stuff.

As a result of that development employee drove by at 8 a.m. that morning, Todd had simply 5 minutes to stage the crime earlier than he known as 911 at 8:05 a.m.

Erin Moriarty: So, in that quick time period he had the presence of thoughts to go get the pipe out of the trunk, go round, break it twice … and name 911 and administer CPR.

Tim Gruenke: Sure. … He can do a variety of injury in 2 or 3 minutes. So, it is extra time than individuals suppose.

JUDGE TODD BJERKE: Mr. Hurley, you may be calling your subsequent witness?

STEPHEN HURLEY: Sure, I name Todd Kendhammer.

With a lot at stake, the protection determined to gamble by placing Todd Kendhammer himself on the stand.

STEPHEN HURLEY: Did you ever strike Barbara Kendhammer?

TODD KENDHAMMER: No.

Todd tried to elucidate to the jurors why, throughout the police interrogation, he instructed investigators conflicting tales about the place he was going that morning.

TODD KENDHAMMER: After I watch that video it is me within the image, however it’s not me speaking. I am not in the best frame of mind speaking in that. I wasn’t considering of the place I used to be going or what I used to be doing. I used to be considering of Barb.

Todd gave the impression to be doing properly …

JUDGE TODD BJERKE: Mr. Gruenke, chances are you’ll start your cross-examination.

… till he had hassle remembering particulars about that day:

TODD KENDHAMMER: I do not recall if I mentioned that or not.

TODD KENDHAMMER: I do not do not forget that.

TODD KENDHAMMER: I can not recall for positive.

However his most damaging testimony might have been when he modified his story but once more. He instructed the jury a few third individual he was supposedly going to see on the day of the incident: Jared Loging.

TIM GRUENKE: And as we speak you say you had been looking for the home of Mr. Loging?

TODD KENDHAMMER: Right.

Tim Gruenke: In order that’s one other kinda odd assertion to make — that that is why you had been going that means. And why you could not have instructed police that the primary time or the second time or within the yr earlier than trial.

And similar to the others Todd mentioned he was going to go to that morning, Loging mentioned he had by no means organized for Todd to exchange a windshield.

TIM GRUENKE: Did you alter your story for trial since you knew police had discovered your lies?

TODD KENDHAMMER: No.

JUDGE TODD BJERKE: We the jury discover the defendant Todd A. Kendhammer responsible …

The jury was out simply 9 hours earlier than they reached their verdict. Three months later, everybody was again within the courtroom. The conviction had an computerized life sentence, however it was as much as the choose to determine if Todd Kendhammer could be eligible for parole.

GERIANNE BUCHNER WETTSTEIN [on the stand]: I’m right here as we speak. I don’t stand alone.

Jessica and Jordan had been shocked when Gerianne Buchner Wettstein, their mother’s cousin, spoke out in opposition to Todd and learn a letter signed by a number of different cousins.

Jessica Servais: I simply keep in mind considering, like, “wow!”

GERIANNE BUCHNER WETTSTEIN: Barbara discovered the braveness that day to combat again. Due to this fact, we stand right here as we speak, united with that very same braveness asking you to condemn her killer to the utmost penalty attainable.

However Jessica says Gerianne had been estranged from their mom.

Jessica Servais: She mainly painted this scene that … she simply feels so unhealthy about my mother and her massive blue eyes, despite the fact that her eyes are inexperienced. … My mother hates her.

“48 Hours” reached out to Gerianne and she or he denies Jessica’s claims that she was estranged from Barbara. However her testimony wasn’t the one shock that day. Gruenke had some harsh phrases for the Kendhammer household, who needed to promote Todd and Barbara’s dwelling and Jessica’s home to pay Todd’s authorized payments.

TIM GRUENKE [at sentencing]: Pardon my language, however to be completely frank they should get their head out of their ass. They should begin taking a look at this in actuality …  

Jessica Servais: I do not suppose you need to be capable of discuss that means in a courtroom.  In case you can suppose that to your self, that is positive as a result of I additionally suppose you are an ass, however I am not going to say it out loud. 

Jordan Kendhammer: A minimum of phrase it totally different.

Erin Moriarty: Do not you suppose you might have added to their ache at that sentencing by saying that?

Tim Gruenke: I feel I’ve to open their eyes in a roundabout way. …  I feel they’re giving him false hope. And I feel he is dragging them down with him by utilizing all their cash to proceed in his lies.

The choose dominated Todd Kendhammer could be eligible for parole after 30 years. However Todd’s case is way from over.

NEW EVIDENCE PRESENTED

Todd Kendhammer’s verdict was responsible. However Jessica and Jordan are decided to clear his identify.

Jessica Servais: As a result of he did not do it. …  And he does not lie. So, when he says he did not do it, we consider him.

That perception is why Barbara and Todd’s kids introduced on Jerry Buting and Kathleen Stilling, who perceive that undoing a homicide conviction is an immense problem.

Jerry Buting: It’s totally tough to reverse a judgement that is turn out to be closing.

Kathleen Stilling: it is type of like attempting to show an plane service. It is gradual … and tough to do.

Nonetheless, they overcame a giant first hurdle: getting again in courtroom.

Todd Kendhammer was granted an evidentiary listening to. It was an opportunity to argue that his unique protection crew had been ineffective, and that there was essential, new proof.

Jessica Servais: We had been grateful that the choose was taking the time to see what we had provide you with.

And 4 years after his conviction for the intentional murder of his spouse Barbara, inmate Kendhammer was again in entrance of Choose Todd Bjerke.

It opened the courthouse doorways a crack, to the potential of a brand new trial.

Erin Moriarty: Is that this essentially the most hopeful you’ve felt … that your dad might have an opportunity to stroll out of jail?

Jessica Servais: Yeah.

The burden is now on the protection. Jerry Buting begins by calling a forensic pathologist, one thing Todd’s first protection crew had elected to not do.

Jerry Butting: They selected to go a special route. And I feel that was severe mistake that actually broken Todd’s capacity to defend himself.

However now Dr. Shaku Teas, who has carried out some 6,000 autopsies, would look at Barbara Kendhammer’s medical data and post-mortem pictures.

JERRY BUTING: Did you observe something on her physique that was according to Barbara Kendhammer having been overwhelmed with fists?

DR. SHAKU TEAS: No.

JERRY BUTING: Or that she was a girl who had been in a combat?

DR. SHAKU TEAS: No.

Physician Teas contradicted the findings of the health worker who had carried out the post-mortem and testified at trial, Dr. McCubbin.

DR. KATHLEEN MCCUBBIN: Sure, a few of her accidents actually could possibly be according to an assault or beating as properly, sure.

PROSECUTOR SUSAN DONSKEY: In keeping with strangulation?

DR. KATHLEEN MCCUBBIN: It could possibly be, sure.  

However for Dr. Teas, the stark pictures and silent sketches inform a special story.

DR. SHAKU TEAS: I do not see any accidents on Barbara that I might say are suggestive or according to strangulation.

And Dr. Teas means that the damage to Barbara’s cricoid could possibly be on account of that enormous journey mug.

JERRY BUTING: So, if she had that in her lap when she’s transferring ahead, may which have prompted the cricoid fracture

DR. SHAKU TEAS:  It could possibly be the mug.

As for the accidents to the again of her head …

Erin Moriarty: If the pipe is coming in … how would she get extreme accidents at the back of her head?

Jerry Buting: As a result of she ducked, and the pipe got here by way of like that (geese his head and higher physique) and grazed the again of her head.

DR. SHAKU TEAS: Barbara Kendhammer died on account of … an vehicle accident. 

And Teas believes some accidents seen within the post-mortem got here from the ultimate act of Barbara Kendhammer’s generosity: the harvesting of her donated organs.

However DA Gruenke does not purchase the theories of Dr. Teas.

Tim Gruenke: I do not put a variety of religion in her testimony.

However in relation to Todd Kendhammer’s guilt or innocence, Buting and Stilling say there may be extra than simply bodily proof to think about.

DR. GEOFFREY LOFTUS [testifying via Zoom]: One thing very traumatic and attention-grabbing had occurred, which might doubtless obliterate any short-term reminiscence that Mr. Kendhammer would have had.

The protection employed one other skilled, this time in human reminiscence. Dr. Geoffrey Loftus testified that Todd Kendhammer’s varied tales could possibly be a results of stress from a horrible accident.

KATHLEEN STILLING: Would you say that this was a state of affairs that was ripe for an inaccurate reminiscence?

DR. GEOFFREY LOFTUS: Sure.

Nonetheless essentially the most controversial side of this story is about that pipe that Todd claims crashed by way of his windshield and killed Barbara.

As a part of their preliminary investigation, native authorities had tried to reconstruct Todd’s story of the lethal incident on County Street M.

They examined, and taped, dropping an analogous pipe off the again of a truck to see if it may, the truth is, bounce. The concept: to find out if a pipe may need bounced excessive sufficient to hit the windshield of Todd’s oncoming automobile.

However Kendhammer’s attorneys thought the pipe take a look at was inconclusive. They by no means shared the investigators’ video with choose or jury. And neither did the state.

Tim Gruenke: I did not suppose we would have liked it. The protection did not need it. We simply agreed to not use it.

It was solely on the new evidentiary listening to that the pipe take a look at was lastly offered in courtroom.

Jerry Buting: The primary time the choose ever even heard about these experiments was in our movement.

Butting and Stilling shared the pipe take a look at video with “48 Hours.”

Erin Moriarty: What you are exhibiting me is that the state’s personal consultants did an experiment that if the truth is the pipe bounced like this it may’ve completed precisely what Todd mentioned it did.

Jerry Buting: That is proper.

Jerry Buting: Now that one hits on its finish and look the way it bounces.

Erin Moriarty: And are available up actually excessive.

Jerry Buting: It comes up excessive.

Erin Moriarty: In your thoughts these movies present that it may have occurred.

Jerry Buting: That is the purpose. Sure.    

Which contradicts state investigators who, from the start, had recommended {that a} pipe slamming by way of Todd’s windshield was subsequent to unattainable.

INVESTIGATOR [during interrogation]: What are the chances that that might occur to a man that modifications out windshields?  I imply, what do you suppose these odds are?  One in a trillion if in any respect?

Buting and Stilling launched proof from throughout America to show it is extra frequent than you suppose.

Jerry Buting (referencing video proof): This one is in — close to Bakersfield, California, a pipe that appears remarkably comparable that went proper by way of this individual’s car. Here is one other one. … This one’s Houston, OK.

Erin Moriarty: And it goes proper by way of and hits —

Jerry Buting: Would’ve killed —

Erin Moriarty: A passenger.

And it seems you do not have to be an skilled to discover a piece of pipe alongside a rustic street.

Jessica Servais: There was one other pipe on the street up the methods … that somebody discovered.

 Erin Moriarty: There was a pipe, and when was that pipe discovered?

Jordan Kendhammer: Shortly after.

Erin Moriarty: And it was similar to the one which went by way of the windshield?

Jordan Kendhammer: Identical diameter, identical materials.

Erin Moriarty: What do you suppose occurred?

Jordan Kendhammer: I consider the pipe got here by way of and hit mother.

That perception of their father wouldn’t waver. Nonetheless how may the consultants at trial see a case so otherwise? We determined to ask one other forensic pathologist to take a recent have a look at the proof.

Lindsay Thomas: The extra I checked out it, the extra I understood why it is so difficult.    

A COMPLICATED CASE

Dr. Lindsey Thomas is a forensic pathologist who has carried out about 5,000 autopsies.

Dr. Lindsey Thomas:  If it did not occur the best way Todd says it occurred, then how did it occur?

Dr. Lindsey Thomas: That is the type of case the place it is not that clear reduce.

“48 Hours” requested her to evaluate the medical proof on this case – together with Dr. McCubbin’s post-mortem report.

Dr. Lindsey Thomas: The unique post-mortem was very properly completed and the conclusions that they reached had been very cheap.

Nonetheless, Dr. Thomas says she would not have reached a few of the identical conclusions.

Dr. Lindsey Thomas: And that is what makes this case so difficult.

Probably the most troubling damage for her is that cricoid fracture on Barbara’s neck. She agrees with Dr. Teas, the forensic pathologist who testified for the protection within the evidentiary listening to and doesn’t consider that Barbara was strangled.

Dr. Lindsey Thomas: I’ve by no means seen a fractured cricoid in strangulation. … I would not say it completely cannot occur, however actually I have never seen it, I have never examine it, I have never heard about it … it appears extra according to the type of factor that might occur — in a bizarre automobile crash.

And he or she believes the accidents to the again of Barbara’s head had been too extreme to have been brought on by Todd’s fists. However she says Barbara may have been hit with a heavy object like her mug.

Dr. Lindsey Thomas: Yeah, it must be a considerable espresso cup. However I perceive there was a reasonably substantial espresso cup within the automobile.

Finally, Dr. Thomas cannot say for positive how Barbara sustained her accidents.

Dr. Lindsey Thomas: Based mostly on simply the medical proof alone, it would not be one the place … you could possibly positively say, “Oh, that is clearly a murder or clearly an accident.”

Erin Moriarty: The concept that a person is sitting in jail, does that concern you?

Dr. Lindsey Thomas: Effectively, it all the time does when you’ve a case like this that is not clear reduce. … You simply fear a bit that the proof was given an excessive amount of weight come what may, or the jury wasn’t given the entire related supplies.

Erin Moriarty: Had you ever served on a homicide trial earlier than as a jury member?

Tim Brennan: No. Not ever.

Tim Brennan, the jury foreman, says he discovered Dr. McCubbin’s testimony very convincing. We shared with him a few of the new data from the evidentiary listening to, together with Dr. Teas’ conclusions.

Erin Moriarty: In case you had heard a health worker disagree with Dr. McCubbin … would which have made a distinction?

Tim Brennan: With out listening to the complete extent … of that — it is laborious to say.

Nonetheless, he stands by the jury verdict.

Tim Brennan: When Todd Kendhammer … gave his testimony … He simply got here throughout as an individual with a variety of falsehoods.

Erin Moriarty: If you say falsehoods, did you are feeling he was mendacity?

Tim Brennan: Undoubtedly.

Tim Brennan: I am very assured that we bought it proper.

Because the Kendhammer household awaits the choose’s ruling, Todd is serving his life sentence greater than two hours away from his youngsters.

Erin Moriarty: What do you miss essentially the most about your mother and having your dad round?

Jessica Servais: I was irritated … that he would name me on a regular basis, and like all the time come over, however I type of miss it now (crying). … I simply miss having them round on a regular basis.

And Jessica’s daughter Carlin is rising up with out her grandparents.

Jessica Servais: Their dream was all the time to do stuff with their grandkids … so it is simply laborious to not have him together with her.

Now, Jessica and Jordan and all those that consider in Todd Kendhammer proceed to attend, hoping he will get one other shot at what they consider is justice.

Erin Moriarty: Do you suppose your dad will probably be coming dwelling?

Jessica Servais: Sure. … We aren’t going to cease till he might be dwelling.

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

Erin Moriarty: Do you’ve any issues in any respect that you simply may need convicted an harmless man?

Tim Gruenke: Not on this case, no.

In Might 2022, a choose denied Todd Kendhammer’s request for a brand new trial.

Kendhammer is planning to attraction that call.

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Produced by Chris Younger Ritzen, James Stolz, and Dena Goldstein. The event producers are Charlotte Fuller and Julie Kramer. The editors are Gary Winter, Doreen Schechter, Joan Adelman and Marcus Balsam. Lourdes Aguiar is the senior producer. Nancy Kramer is the manager story editor. Judy Tygard is the manager producer.