Morbid - Episode 495: The Horrific Murder of Jack Tupper- Part 2

Episode Date: September 18, 2023

On August 6, 1978, the body of thirty-five-year-old bar owner Jack Tupper was found in a vacant lot in the Bronx, just across the street from the local firehouse. His face had been severely slashed, his head and body badly beaten, he had been shot seven times, and finally, he had been set on fire. Witnesses reported seeing a small group of men in the lot attempting to set fire to a box earlier that day, including three witnesses who identified former racehorse trainer Howard “Buddy” Jacobson as one of the men, and one who was able to provide detectives with the license plate number of the car they were driving.Buddy Jacobson was quickly arrested for Tupper’s murder and the story quickly became New York’s latest scandal: Former horse trainer murders man in love triangle. Jacobson had indeed killed Tupper because the younger man was having an affair with Jacobson’s girlfriend but, while the motive may have been a classic, the story was far more sensational and salacious than anyone could have expected, and it turned out the arrest was just the beginning.Thank you to David White for research assistance :)Resources: Allen, Joy. 1978. "Family is embittered in 'triangle' slaying." Newsday, August 9: 17.Arnett, Peter, and Jane See White. 1978. "Life and death on fast track for a model." Newsday, August 21: 4.Associated Press. 1979. "Jacobson defense alleges cocaine plot by victim." Newsday, October 11: 19.—. 1979. "'Triangle' case hearing could clear defendant." The Journal News, October 24: 4.Christine, Bill. 1988. "The odyssey of Buddy Jacobson: Horses, models and a murder sentence." Los Angeles Times, January 10.Cummings, John, and Peggy Brown. 1980. "Buddy Jacobson escapes prison." Newsday, June 01: 3.Cummings, Jophn, and Joy Allen. 1978. "'Triangle' murder probers hear horseman's ex-wife." Newsday, August 16: 17.Fried, Joseph P. 1980. "Jacobson's 'friends and relatives' said to have helped in recapture." New York Times, July 11: A1.   New York, NY: Macmillan.—. 1978. "Love and Death on the Upper East Side." New York Magazine, September 11.McFadden, Robert D. 1979. "'Gag' order covers murder trial." New York Times, October 23: B8.McFadden, Robert. 1980. "Jacobson, in calls from jail, speaks of his 'betrayal'." New York Times, 07 July: A1.New York Times. 1978. "Jacobson warned of bail revocation." New York Times, November 10: B7.Newton, Edmund, and Sheryl Kornman. 1980. "Cops hunt Buddy Jacobson around the world." Newsday, June 2: 4.The Reporter Dispatch. August. "Hunt widens in triangle slaying." The Reporter Dispatch, 10 1978: D14.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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where you can listen to even the royals exclusively and add free right now. Hey, weirdo's, I'm Ash. And I'm Elena. And this is more bed. It's more bed. It's more bad. It's more bad. How are you? I'm doing great. I'm feeling better, actually.

I love that. I'm feeling better too, except I do miss my soul tree voice. We all miss our soul tree voices. I wish I could just recreate it when I wasn't sick. But there's no way. You see, it doesn't work. I was going to try, but I thought I figured but it doesn't It's scary. Yeah, yeah, yeah, it doesn't want my teeth. Can I have a second?

Keep one your teeth. No, I'm done. Look at that cute. Well, well after snack Love a little after snack. Just saving that paleta Good wall. Well, Kim. Well, look in. Well Well, Kimwa. Well, Kimwa. Well, Kimwa. Donnie business, you got any recommendations for us today? Oh man, put me on the spot. Well, you, I mean, you're a recommendation gory.

I know, I really have a recommendation gory. None. I don't know if I have any right now. Wow, that's upsetting. Oh, there's somebody on TikTok. I have a TikTok. I knew if I said it, it would start. I was just thinking, okay, there's someone I follow on TikTok.

She talks about paranormal shit, some true crime shit. She talks about all kinds of spooky shit. She's very smart. She's very well spoken. She's fun to listen to. She's beautiful. She's just cool. Her name is Cam.

She's everything. And I think her name on TikTok is, and let me double check it, I think it's swamp witch. That's what I call it. I'll give you a vamp moment. Burn it. Swamp underscore witch underscore. Hell yeah.

And she's great. And I just need to give her a shout out because I think I like almost all of her videos that come through my feed. I'm just automatically like, like, because I know I will almost all of her videos that come through my feed. I'm just automatically like like, like, I know I will. Like a bunch of spooky shit. Yeah, she's just really, and she's really smart and she lives in a haunted house. So you get to see lots of that stuff.

And she does, she's just like tell stories from her home. She does. She gives stories, she gives like, and she tells others like folklore and shit. She's just really like fun to listen to. So Cam, swamp witch, hell yeah, go get it. I know what I'm doing tonight. Go flood swamp witches, TikTok, maker, get the numbers. No pun intended.

Cause you know what she puts in the work? Flood the swamp. So fuck yeah, swamp witch cam. Swamp witch forever. I knew I could pull with it. That's actually one that's been sitting in my back pocket for a while and I keep forgetting to plug her. So I'm actually glad you brought that up because I really wanted to plug her. See here you said you were like you're putting me on the spot

and I was like it's for a reason. That's what it's for. Every season has a reason. Turn, turn, turn. I think I said that the wrong way around, but it doesn't matter. It's not a great. Thanks. All right. Well, we're in a part two right now. So in part one, we were talking about the very, very tragic murder of Jack Tupper. It was like real brutal, and we're gonna get a little more into it in this part. It's so sad. This is a really sad case so far. It is, because Buddy is just like was born an asshole.

Yeah, and I just feel really bad for Melanie, and I feel really bad for Jack. And his family. Yeah. Jack had a lot of promise that just got completely robbed from him. So when we left off in part one, buddy had been harassing Melanie like crazy, and then she came home one day after. And the saddest thing about this, she was that they were just about to get the fuck out of there. Yeah, they were making moves to get away from him. She had signed a new lease that morning, Melanie, for her and Jack to be able to go out. And while she was gone signing the new lease,

Buddy went and did whatever he did. Yeah. But at the end of part one, the universe caught up to him because he was sitting directly in front of a cop and a Bolo alert basically had gone out being like, yeah, I'll check out this license plate

and the guy was like, oh, you mean the one right in front of me? You mean the sass all right here? You mean the yellow Cadillac? Yeah. So he got arrested. And when Buddy was arrested, he was in the company of a man named Salvador Giamo,

which checks. He told the officer that he was just a hitchhiker and he had nothing to do with the crime. But it was later learned that Salvador was on Buddy's payroll, and he worked as a general contractor on one of his buildings. So they spotted the lie there. Ah, there it is. There it is.

The prosecutor would later determine that there was a third man involved as well, another Salvador. This one, pre-Nieto, I believe is how you say the last name. And he had already been dropped off when Buddy got pulled over. So had he been pulled over a little earlier, they would have caught all three at once. Right there.

That would have been the jackpot. That would have been. But still, it was. It was a jackpot, I think. Yeah. So at the precinct, Buddy told detectives that his employee, referring to Jiamo, he said he had come to his apartment earlier that day

and suggested that Buddy buy his car from him. So they took the car out for a test drive. And according to Buddy, the car drove so nicely that he just kept on driving. Yeah. And that's how they caught him on the bridge that afternoon. Absolutely. Yeah, it was just out driving.

Just a joy ride, you know. It just felt so good that I kept on driving. That's my alibi, I was just driving. Just driving things. He was not willing to say more than that, and he immediately demanded a lawyer. So he was placed in a holding cell while the police started looking into this story.

While he sat in a cell at the 43rd precinct, detectives went out to the apartment building in Queens to inform Melanie that Jack had died. Oh, it had been murdered. That's awful. She was still actually with Jack's friend that she had called over earlier that day. And she explained to the officer that got there what they had discovered in Buddy's apartment earlier that day.

And she actually pointed out a spot of what they believed was blood in the hallway outside of the apartment. Because if you remember in part one, he had cleaned everything up, including the hallway, but you missed a spot. Yeah, you never cleaned it all up. Yeah, never. It's just like so sad to think that while she was off doing this, that's what was going on.

So the following week, Buddy and Salvatore were charged with second-degree murder and both were denied bail. And this is a salvatore pernito, actually. So Jack's autopsy was conducted the next afternoon, but because his body had been so damaged and the fire and through everything that had occurred beforehand, the assistant medical examiner had a really difficult time actually coming up with what the cause of death was. So officially his cause of death was attributed to, and this is a quote, two circumcised round, markedly depressed fractures of the skull, the largest diameter of which is one and a half,

and the greatest depth of this depression is half, and I'm assuming. Now those two wounds, which the medical examiner believed to have been from hammerble. I was just going to say that sounds like a hammer. They caused obviously massive brain damage, so they believed those were most likely the primary cause of death. Yeah. It's to think what they did to him, like I can't imagine. And you'd probably just assume that these three guys just banged on his apartment door and dragged him out. Because remember his shoes were still in the apartment,

was still in the apartment. All of his stuff. In addition to the brain trauma, there was a myriad of other wounds, several of which would have also been fatal. According to the examiners report, quote, there are multiple lacerations and stab wounds. Oh my God.

Mainly over the left side of the face and the left side of the head, there are approximately 15 such wounds. Holy shit. And then there were additional stab wounds on the torso as well, one of which pierced Jack's liver. And then in addition to that, there were multiple gunshot wounds to his upper body and his lower torso.

And finally, there was the damage caused by the fire, which occurred after Jack had died. But this was complete overkill. So they bludgeon stabbed, shot, and burned him. Yep. My God. And like sliced at his face, like his face was found with a bunch of sliced marks all over it.

They just They demolished his body. Wow. It's horrible. That's terrifying. So in the press conference held just a few days later Investigators identified the victim and the killer while adding that other people were being sought in connection with the murder. A spokesperson told reporters quote, we don't know exactly where he was killed, but it appears he was dragged from his own apartment and brought to Jacobson's penthouse. Now, they couldn't confirm that Jack had been killed

in buddy's apartment, but investigators did say that they pulled a slug from a wall in buddy's apartment that was a match for those taken out of Jack Tupper's body. Oh, God. So I don't really know why they couldn't for sure say that he had been killed there. Because maybe they think that, because my thoughts were,

there was blood on the outside of the apartment, maybe they think that they hammered him in his apartment and then dragged him into that apartment. He could have already been dead at that point. And kept going. So when they shot him, he could have already been dead. It's so scary to think about. Now as far as anybody could tell, the case against buddies seemed airtight. He had means, he had motive, he had the opportunity to kill Jack.

He was known to have been obsessed with Melanie in the weeks leading up to the murder. His apartment was literally riddled with bullet holes. And witnesses, again, as we know, had identified him and his car as having been at the dumpside in the Bronx. Yeah. So a little over a week after Buddy's arrest, a grand jury convened to hear the evidence in the case, as well as testimony from multiple witnesses. And everybody was most interested to hear what Melanie had to say, of course, because she's the closest link here. And she testified for over two hours. She gave all the details of her relationship with Buddy, his possessive nature, the desperate threats that he'd been making in the

weeks just before Jack Spurder. And based on the evidence and testimony presented to the grand jury, Buddy was indicted for the murder of Tupper and he continued to be held without bail. So by September, Buddy had actually gotten himself a new lawyer, Otto Fusco, who assured his client that he was going to get him out of jail. He wanted to get Buddy out on bail. Awesome. Even though request for bail had already been denied

six times since Buddy's arrest. God. Now later that month, Fusco took Buddy's case to the state Supreme Court, and he told Justice Louis Siolfi, I believe, size A. He had a number of alternative suspects, all of whom had reason to kill Jack Tupper and frame Buddy. Huh, like what? Are you ready for this year's cold and flu season?

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Do your thoughts start racing right before bed or at other inopportune moments? Yes, mind you, that's for sure. I'll be laying in bed and I'm like, remember that time that you told that girl that you liked her skirt and then she didn't say thank you and do you think she still hates you to this day? Well guess what, that's a little kukunets bananas. And it turns out one great way to make those racing thoughts go away is to talk through them. And therapy gives you a place to do that so you can get out of your negative thought cycles and find some mental and emotional peace. I am obsessed with therapy. I recommend it to everybody because just going to talk to somebody about all the stuff that you're going through and having them break it

down with you and you know you start to realize we're certain thought patterns and behaviors come from and then you can mix them or figure out how to get better at dealing with them. It's awesome. So if you're thinking of starting therapy, give better help a try. It is entirely online. It's designed to be convenient, flexible and suited to your schedule, which is awesome because everybody has a busy schedule. All you have to do is fill out a brief questionnaire to get matched with a licensed therapist, and you can switch therapists at any time no additional charge. And don't feel bad about that, not everybody drives with everybody. Get a break from your thoughts with BetterHelp.

Visit betterhelp.com slash morbid today to get 10% off your first month. That's BetterHelpHELp.com slash morbid. But for one reason or another, the Justice believed Fusco's defense and noted that if there were indeed other suspects, he said, I cannot deny this man-bale. So he set Buddy's bail at $200,000. And remember, Buddy has a lot of money. But I guess he wasn't pulling in that much at this time because he claimed that he was unable to pay that amount. So he remained on jail. So in the weeks that followed, Fusco repeatedly argued with the district attorney and a pellet court and was eventually able to successfully convince them to reduce the bail to $100,000.

That's insane. So they cut it in half and buddy easily paid that with a cashier's check and ended up being freed on October 18th, 1978. Yeah, that must feel great. Like when they're almost certain that he killed this man like 10 times over. Like there's literally bullet holes in his apartment.

And they're like, yeah, yeah, let's get you out of bail. I don't know how to run. So not if like, yeah, yeah, let's find it. Let's get you out on bail. I'm back around. So not that he was free on bail, he wasted literally no time trying to go and see Melanie. And when she made it very clear through the district attorney that she did not want to see him or speak to him, buddy allegedly paid a Terry McCart

one of the models for my fair lady, a thousand dollars to convince Melanie to see him. What? But this made its way back to the courts, and it was enough to convince the prosecutor to bring Buddy back in front of the state Supreme Court, and they argued that Melanie still felt like she was in danger. Obviously.

Yeah. And Buddy's bail should be revoked. Now, Otto Fusco vehemently denied any risk to Melanie's safety. He told the court, Buddy only wanted to meet with her to quote straight and out the time element of the case. Oh, yeah. And it's also like any said he meant her no harm. But it's like, so he wants to go over timelines with her.

Like I feel like that's a problem. Yeah, it's like, okay, so we're all stupid. That's what that's what we're going with. That everybody around him is stupid. Like I don't understand why that why that would get their story straight. Yeah. I think you're just arguing against yourself at this point. Yeah. Pretty much. So after hearing from both sides, just did Howard, uh, just as Howard Goldfuss ordered Jacob saying, quote, not to contact Miss Kane or have others do so. And if he did

again, his bill would be revoked. Okay. So they slapped him on his wrist and they said, don't do that again. Don't do that. Little buddy, stop doing that. Don't do it. Now, even though the court was abundantly clear that his bail would be revoked if he reached out to Melanie again,

buddy just couldn't help himself. Oh my God. But this time he was more strategic, of course, because he didn't want to get caught. So he started sending her anonymous letters instead of implicating himself directly. Which is so much more chilling. So much more chilling and these letters are weird.

In a letter dated November 20th, 1978, he wrote, no longer can you use the excuse me, no longer can you use the excuse the criminal justice system will work. That's what he wrote, Tara. What? The letter basically implied that the district attorney had been trying to keep Melanie away from buddy, quote, and he wrote,

because a combination of your facts and Jacob sins would destroy his case. And he said it would be wise to stop letting yourself be controlled by others. Wow. So it was very clear that it was from buddy, but he's writing it in like a, another to try to be ominous in another tone exactly Now another later dated December 6th simply said Jacobson has harmed no one in his whole life Which are excuse me please watch out for the giant lightning strike Thought is about to come from the sky and smite you truly He said even if his love and affection for you may have dwindled this past year.

Oh, excuse me, she left you. I'm sorry, what? Let the record stay. Yeah. He always took care of you and looked out for you. I know he only wants the truth and the trial, which will be many months from now, maybe too late. What?

Why would it be too late to have the trial? What does that mean? If you're having a trial, isn't the truth gonna come out one way or the other buddy? Jesus. He's so creepy, I hate him. And just that even if his love and affection may have dwindled.

Dwindled for you, like, shut the fuck up. Like, weren't you just screaming in a hallway that you were gonna get her pregnant so fast she would have six children? Yeah, but your affection said dwindled? Yeah, I don't know if we have the same definition of dwindled there, but. Sure about that. You sure aboutwindled there. Sure about that.

You sure about that. Sure about that. So, free on bail until the start of the trial, Buddy reveled in the notoriety. He made sure to keep up appearances. He was not letting anybody know about the financial toll that the charges were taking on him. And he never relented in his campaign to contact Melanie.

But he did start dating a new young model taking on him. And he never relented in his campaign to contact Melanie. But he did start dating a new young model and made sure that he was seen out with her in all the same places that he used to take Melanie. That's gross. Which he's clearly thinking that this is gonna make her jealous, which I don't know in what world you would be jealous that a girl is dating a man who murdered the man that you loved.

Yeah, and it's like, who's this girl? Yeah, yeah, but it's another story. Yeah, it's a given. She just wanted a modeling job. Yeah. Wild. So Buddy carried on as the playboy that he was, and he hoped everybody still believed he was.

But all the while, Melanie and the Tupper family were starting to wonder whether their faith in the justice system was misplaced. They were getting worried that this wasn't going to go anywhere. Yeah, it doesn't seem like it is. Especially because he's out on bail. Yeah, he's just walking around. They probably never expected that.

No. I mean, it's literally cut and dry here. You look at that crime scene. The witnesses, you look at everything involved. It's like, how are you this stupid? How? It's insane. So, when Buddy was first arrested, the case to them, it appeared like we were just saying,

so straightforward, and the evidence seemed so irrefutable that a conviction seemed inevitable. Yeah. But just a few months later, his ability to kind of talk his way out of apparently anything, and now the endless stream of rumors surrounding the case had them worried that they might not get their conviction for him.

Oh, man. Kevin Tupper told reporters, I thoroughly believe the police and DA's office can handle people who shoot each other out on the street. But I have a feeling that when they come up against a real attorney and then his voice trailed off before he could finish his thought. He was worried. Yeah. Obviously.

And I don't blame it. I don't be too. And the trial was still almost a year away. And that's the crazy thing that they gave him bail, knowing that he had a year to just walk around. Yeah, and just do whatever he wanted. I'm like, that doesn't make any sense to me. No, it really doesn't.

But Melanie and the Tupper is reasonably believed there was still a chance that Buddy could talk his way out of these charges. But little did they know the case would take a turn, but no one really saw it coming. So in the 14 months that passed between buddies arrest and the scheduled start of the trial, the New York City Press could not resist following every lead and every rumor related to the deadly love triangle. There was talk of among so many different things, a drug deal gone wrong, mafia involvement, and they also were starting to say that my fair lady was being used as what they referred to as a prostitution ring.

No, which also like your notes was to say like that, that's rude. That's rude. That's rude. Now, by the time the trial began in October 1979, state Supreme Court Justice William Capelman, or Capelman, excuse me, imposed a gag order on everybody involved. Noting that the extensive and often sensational media coverage might preclude a fair trial for Howard Jacobson. Remember, buddy's real name is Howard.

Yeah. So the media, excuse me, the order covered only those who were directly involved in the trial. So the media was still free to continue reporting on the case, but they would have to do it without any commentary from the participants in the trial. So the media was still free to continue reporting on the case, but they would have to do it without any commentary from the participants in the trial. Okay. Now, buddy's lawyers, Jack Ebseroff and Ben Epstein, or Epstein, immediately objected and

they cited their client's first amendment rights and they questioned the timing of the order, but Kapleman overruled them and the order was to stand. He spoke in generic terms regarding his motive for the gag order. He said, it was the extent of the media coverage, but it's also very possible that one of the driving factors for the order was the number of interviews and impromptu press conferences that buddy and his attorneys were holding in the months's leading up to trial. Because they were starting to try to spin a different yarn. Just a week or so before the order was put in place,

buddies to attorneys there reported that Jack Tupper was part of a major cocaine conspiracy and said, quote, he was killed by someone other than the defendant. Oh, yeah. So now they're starting to put out what we're trying to smear, Jack. Exactly. And put down in potential jury members, of course. Am I, of course. So by late October, the trial had already been delayed

several times because of different pre-trial hearings, all this bullshit that was going on. And then it again, ground to a halt, when buddies attorneys claimed that the DA's office was withholding evidence that would have cleared buddy of any wrongdoing. Oh, according to Ben Epstein, the DA's office had evidence that showed two known drug dealers were likely responsible for Tupper's death.

But the two men he suspected, quote, had gone missing since the murder. Huh. So he's like, I have these two guys. The only problem is, I don't have them. That's not shady or fishy at all. No, no, no, no. No, that seems very legit. It's like, are you just looking for two random drug dealers

to implicate in this right now? And you just don't have them quite yet, perhaps. So Justice Kapleman reviewed the material and he overruled the motion. And he said that his attorney said would clear him. He found that the evidence was insufficient to warrant any kind of acquittal. Yeah, of course.

Obviously, he was like, why would you even waste my time with this? So, Justice Kapleman reviewed the material and overruled the motion that buddy's lawyer said would clear him because that evidence was... I wish there was a better word than insufficient, because I feel like it was even so much more than that. Yeah, that's a vast understatement. Yeah, but it was insufficient to warrant in acquittal.

So additional delays followed and that was mostly because the defense was challenging literally every piece of evidence involved that they tried to enter ever. I love that. Yeah, it's fantastic. It's annoying at all. No. And there were other hiccups too. There were two potential witnesses that received anonymous death threats in the mail. I wonder who annoying at all. No. And there were other hiccups too. There were two potential witnesses

that received anonymous death threats in the mail. Jesus. I wonder who those came from. Huh. Who do you think? No, they're anonymous, Ash. They're anonymous. Much like anonymous.

They're anonymous. The letters that Buddy wrote to Melanie. Yeah, totally anonymous. Yeah. And then also, one of the prosecutor's sisters actually was found murdered behind a Brooklyn bar. Oh my God. However, the murder was determined to be unrelated to the Jacobson case.

New York was wild and wow. But when I read that, I was like, he murdered the prosecutor's sister, but that's a lot. Yeah, I was unrelated. Now, after an unusual number of delays and pretrial hearings, Buddy Jacobson's trial finally got underway on January 30, 1980, with Bill Hrabbsky prosecuting on behalf of the state. And from his position at the podium, he presented the jury with a simple story of jealousy

and of course a love triangle, excuse me, with a very tragic ending in which Buddy Jacobson and Salvatore Preneto murdered Jack Tupper and disposed of his body in that vacant lot. Now, most importantly, this wasn't just the same old, this wasn't just some story. The prosecution had more than enough evidence collected from Buddy's apartment that directly connected him to the case. This evidence included buddy's clothes, his eye glasses, and pieces of his carpet, all of which had Jack's blood on them.

Oh my God. His glasses. Like that for me is terrifying. I was just going to say that is just something about that. That's on another level. Because that indicates a very close proximity. Oh, that's really terrible. And I'll just because Melanie didn't love him anymore. And just because Jack was a good guy that was treating her nicely. Exactly. And giving her the life that you wanted. I just wish that they had been able to move out of that apartment before any of this happened. It's terrible. It's got wrenching. So when the time came for the defense to present their argument, Jack Eversoff took the podium with a story that no one expected. He told the jury, Howard Jacobson is the product of a frame, compounded by the inefficiency and incompetence by the authorities.

So he was trying to say the buddy was framed for this. No, which like, I don't quite understand. It's like, please explain why. They got his eyeglasses, his clothes, and his pieces of his carpet. Yeah, that's a very intense frame job. Like somebody went into his home, cut out pieces of his carpet, got Jack Tupper's blood on them,

and then put them back. Yeah, I guess so. I don't see that happen. Yeah, you don't what? No, I don't see legit to you. No. I don't see that happen. Yeah, you don't what? No. I don't see legit to you. No. I don't know. Yeah. He was legit to me. The attorney claimed that they would prove beyond a shadow of a doubt

that it was Melanie Kane, the girl of a thousand faces who had masterminded the entire operation. Wow. Like listen, I love Mel. I don't think she masterminded this entire operation and got that much blood evidence on all of buddy's things. That's also like wild when they just turn around and are like, it's trying to ruin that girl's life. Like it's just like, whoa.

All right, they used her like title against her. They called her the girl of a thousand faces because she's a model. She's a model and she'd been called that before. So stupid. Now according to Jack Ebser, Ebser off, the girl of a thousand faces because she's a model. She's a model and she'd been called that before. So stupid. Now, according to Jack Ebser, Ebseroff, I can never say his last name. The murder wasn't, he said, the result of a love triangle, but a quadrangle.

This man is going geometry. He's just going geometry. No, I was just going to say, do not bring geometry into this. It's too late. He did. He said it included cocaine dealer Joseph Marguerite. And the defense alleged that Jack Tupper was murdered over a bad cocaine deal with Marguerite and Melanie had attempted to frame Buddy for it.

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with Shipstation. Go to shipstation.com and use code morbid today to sign up for your free 60-day trial, that shipstation.com code morbid. [♪ OUTRO MUSIC PLAYING [♪ Why would Melanie turn around and try to fuck over Buddy if this other guy killed the man that she loved? Yeah. Why would she do that?

That no, no. Because they're essentially trying to make it seem like her love for Jack was not what we think it was. Not really at all. No, I don't believe that. And it's like if that was the case, but he's a well-connected guy. Yeah, why would she? Why wouldn't she just turn to him?

Exactly. And have him like fuck over Joseph Marguerite. And why would she get rid of Jack? I mean, when she just like be with Buddy, if you wanted to be with Buddy? Yes. That seems to be like the real question here is like, when she just be with you, if she wanted to be with Buddy? Yes. That seems to be like the real question here is like, when she just be with you, if she wanted to be with you? She didn't. She made it very clear.

I think the men in this case didn't quite understand that. They just can't handle it. Because their whole thing was that like he left Melanie. I remember. That's like how it sounds. No, my friends. But they said when the murder was committed in Margarit's apartment, which apparently had

Buddy's carpet in it, I guess, and his eye glasses and his clothing. I absolutely, of course. They said Buddy wasn't even there. And the defense alleged he was just a 48 year old fool who was in love with the woman of a thousand faces. They really, they really loved that. They were like, it's really good that somebody named her that because we can use that now. It's like, yeah, he may very well be in whatever you're calling

love with her, but again, how did his shit get covered in Jack's blood? No, it's really not making sense. Nope, make it make sense, my friends. Make it make sense. It's literally that guy just like you share about that. Sure about that. So despite their best efforts to convince the jury

that buddy was not connected to the murder, the evidence, circumstantial and physical just wasn't on their side. The math ain't math, the math is not mathing. Throughout her testimony and the testimony of others, Melanie never came across as bitter. She never came across as the vindictive lover that they claimed was framing buddy. In fact, when they attempted to sway the jury by showing several of what they called exotic photos of Melanie. Exotic.

She had to interject to point out that at least one of the photos wasn't even of her. It was an entirely different woman. Are you kidding me? She had to stand up and court and say, yeah, I don't know what this has to do with anything, but also that's not me. Like wow, that gal's real pretty, that's not me. And also, why are we showing those photos in the first place?

What does that have to do with anything? But just the fact that she had to say, yeah, that's not me. That how stupid can you look? Like, truly, seriously. You know, in jury duty, when the guy is, when you're like, how is anybody believing about this guy to be real lawyer?

Here you go. Here we go. Here it is. Now the prosecution, on the other hand, very different story over there, they had a mountain of evidence to support their claim that buddy was exceedingly jealous and possessive from the moment that he began dating Melanie and all throughout and up to the start of the trial. And then of course, like I've said about 55 million times, there was the considerable blood evidence that placed buddy at the scene of the murder. Oh, that. And again, the eyewitness testimony from people who saw him at the dump site. Where was Joseph Marguerite at the dump site? Yeah, exactly. And they also wrote down his fucking license plate

number. That's the thing. They had the forethought to write down that license plate number, which yesterday when you said that, I was like, hell yeah, those people, because honestly, a lot of us wouldn't be able to remember it or write it down, which you should, if you can, but it's hard. Yeah. Sometimes you can't see it. Things happen quickly.

Yeah. It's like, you don't think about it. So thank goodness those people did. And it's like, now you're pretty, like this is just wild. It's so ridiculous. Guys, you just, now you should start think about minimizing damage instead of trying

to pretend that he didn't do it. Like go for an insanity challenge. Yeah, like you should be really looking at just trying to mitigate everything. Because there's no way that you can say he didn't do it. No, you have to figure out why he, like some reason why. You're looking foolish here. You are.

And that's the thing. If this were intended as a frame job, it was a very complicated one orchestrated by some kind of criminal mastermind, not a very, very depressed and sad fashion model. Exactly. That's just the truth. No.

So after 10 weeks of evidence and testimony, the jury retired for deliberation on April 9, 1980. And after eight hours, they returned to a giltic. A giltic. A giltic? They returned a verdict of not guilty in the case against Salvatore Prenetown. And as for Buddy Jacobson,

the jury foreman told the judge that they believed they were unable to reach a verdict. What? I don't really understand that myself. Sorry, jury, can we talk real quick? That's basically what the judge said. Okay, good. He was like, can you guys try again?

Yeah, he's like, you know what, give that one another shot, give it the old college try. There was one person that was like, mm, I have a reasonable doubt. You know what, one person, I just wanna talk. What's going on? This is chat.

What's happening? But they tried again. And on April 12th, the jury found Buddy Jacobson guilty. Thank you. Of the second degree murder of Jack Tupper. So after he was convicted, he was returned to his cell at the Brooklyn House of Corrections to await his sentencing, which was scheduled for early June.

On the afternoon of May 31st, he had a visitor. There's somebody come in to say, hey, buddy, what's up? It's a visitor. Yeah, they checked in under the name Michael Schwartz, and they said they were an attorney. And these two men sat and talked for a short time and when the guards came back to collect buddy, he was nowhere to be found. Oh, oops, we lost that inmate. They lost that inmate who had just been convicted of second degree murder. Wow. Why is everyone really bad at their jobs right now? What was happening here? Wasn't even the 80s? Yeah, I don't even think it was. No, it wasn't even. It was the height of the 80s.

Guys, get it together. Could not find him. Get it together. As far as they could tell the officials at the jail, the two of those men sat together, buddy being one of them, buddy excused himself to go to the bathroom around 430 and simply never returned. Man, imagine if that's how you can get out of jail. You just have to go to the bathroom. Excuse me, I just have to go to the bathroom real quick and then you just never returned. You just walk out. Bye. Bye everybody. In his statement to the press, assistant commissioner for the Department of Corrections Edward Hershey told the press, Jacobson walked out of the visitor's area using subterfuge

and stealth. And he did not leave the room wearing the same clothing he walked in with. Okay. But you're still saying to me that he walked out of the visitors room at a prison using stealth. It's like, no, you began that sentence by saying he walked out of the visitors room, which in and of itself kind of takes away all the stealth of it. He just walked out of the visitors room, but it wasn't just stealth. It was also subterfuge as well like you're- He just walked out.

He just admitted that. He said, man. He said, no, you know what? Not for me. Prison is not my bag. So I'm out. The way he murdered Jack Tupper. And he just walks out of that.

He's a vicious killer. Yeah. Vicious killer. And a stalker. And a stalker. And like, like he's a terrible person. Truly. And they're just like, yeah, we love to let him walk out of the visitor center. And then later you're like, there was a lot of subterfusion stealth involved.

It's like, you don't know about that. You sure about that? I don't know about that. You're sure about that. I am not sure. A spokesperson said of the man claiming to be Michael Schwartz, the attorney. He's not given us any information. At this point, we don't even know if that's his real name or whether he's an attorney. Wow. If I was at this fucking press conference, I'd be like, am I safe to live in this place?

I'd be literally, and I moved several towns over. I would be like, what the fuck is going on? They're like, we don't know, anything. They're like, shit, we didn't, you know, it was the guy, he said, hey, and we said, you see, legit, and we just let him in. Like, they're like, you know what they're saying?

They're like, the vibes were right. Yeah. So we just foregone, we just forewent any kind of standard procedure. That's fine. For safety protocol, because the vibes were vibing when he came in. They did a Jada, they didn't even do a Jada since Holland say, look, go over there. Yeah, they were just like, yeah, we don't even know what his deal is.

Yeah, no. Luckily, they eventually found out what his deal was. Oh, good. The man claiming to be Michael Schwartz attorney was, in fact, Anthony de Rosa, a sometime resident of West Dover Vermont. And he was also the man who several years earlier had bought buddy's steak in the ski lodge. Oh, shit.

The ski lodge comes back. Yeah, isn't that funny? The ski lodge makes a cameo. I bet you thought that the ski lodge was gone forever. I did it. I was ready for her to come back. I guess she is. I said, we didn't see the last of her.

Vermont. Vermont, I'm coming. Ah. Vermont, Loka, where you been? So, Deroza had been one of the potential witnesses interviewed by the defense before Buddy's trial, actually. But both attorneys found that he seriously lacked credibility and they decided not to call him.

The defense who sucked ass was like, this guy sucks more ass. This guy sucks the most ass. We cannot have this. Well, he lacks credibility. He lacks credibility. We should put a little watch there. So it turned out that after initially buying into the ski lodge, Deroza quickly ran out of funds and found himself, I really love this expression, quote, deeply in hawk. Deeply in hawk.

AKA DET, to buddy. But it's a much better way to say I'm in the hawk. That is, oh man, I'm in hawk. I'm in hawk to buddy. Deep in hawk. Oh, I am going to be ever in your hawk. Wow. I like that.

I like it, it's H-O-C-K, not like, ah, ah, ah, not, not, not, yeah. Okay. I don't know if Hawke say call, but I don't either. But so that's why he was willing to lie for buddy on the witness stand to help him escape because he never really paid back his debts for the ski lock. Because he was in deep hawk. So you know, let me just let you escape from fucking prison on your murder charge.

That's fine. He's like, and then we're square after that. I mean, if one thing will get you square, that I'm not definitely a hero. So, Dero's got a hawk. And we'll also get you into a lot of fucking trouble. Sure will. Because Dero's so is charged with escape, hindering prosecution, burglary, criminal facilitation, criminal impersonation, and possession of a forged instrument. I mean, the fake ID that he used to check in at prison. Oops, oops. Like, you might want to be in Hawk now. Now you're in Hawk too.

Like that's the place. The place. That's no good. So he was ordered to be held on $500,000 bail. Oh damn. He was not getting out of the arms. I was confused. I don't think you're leaving now.

In February 1981, he was convicted of the charges, and he was sentenced to one to four years in prison for his role in Buddy's escape. Was it worth it? Let me work it. No. No. Even Missy was like, no, I won't put my thing down

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Again, that's HelloFresh.com slash 50 Morbid and use code 50 Morbid for 50% off plus 15% off the next two months. HelloFresh is America's number one meal kit. So the DA's office placed several people in protective custody, because remember, at this point, he's convicted, but they have no fucking idea where Buddy went. Oh, yeah, you've just let a shark out of the cage. And they have no idea what he's trying to do. They were worried he was gonna kill people he believed

to be involved in his conviction, excuse me, yikes. So people were put into protective custody and those people included obviously Melanie. Melanie. Justice William Kapleman or Kapleman and one of the witnesses who ended up testifying against Buddy. Damn, but luckily their fears were misplaced. But he hadn't just fled Brooklyn.

He had left New York state entirely and fled to California, yeah. Oh yeah. He's like, skies are always sunny. There you go. He's looking to, you know, serve some waves. Catch ten. Catch ten. I said he can also catch ten. Such a California. After he hangs it, he can catch it. Yeah, you know, yeah, all that We're definitely not from New England at all. No, what are you talking about? It's autumn. We're like oceans vibes So according to his attorney, buddy escaped quote in an effort to find new evidence to vindicate himself for the murder of John Tupper absolutely

sir He went to California to find that. Why would that be in California? Because why you asking questions, okay, don't worry about it. It's ridiculous. Like, you don't need to know the method of his madness, okay? They're like, we know Jack Tupper was murdered

in New York City. Absolutely. About 3,000 miles away from California, but the evidence to vindicate buddy was 3,000 miles away from California, but the evidence to vent decay buddy was 3,000 miles away in California. Absolutely, I don't understand what the question is here. I'm confused. Yeah, it makes a lot of sense to me.

Yeah, you know, you know, it's not air. The math is mathing for you, for sure. Absolutely. As far as investigators could tell, after escaping from prison, Buddy was met by his girlfriend. He literally had a girlfriend at this point. Wow.

Audrey Barrett and his son, his son David, who drove him out of the area. Damn, later that day Buddy stole a car from one of the My Fair Lady models, his own like fam there. He is wild. He's the definition of wild. And he and his girlfriend made their way to California,

camping out and checking into motels under aliases along the way. And once he arrived in California, buddy, quote, got into negotiations with a real estate agent in northern California to buy property. Oh, this motherfucker thought he was just going to go to property and be selling sunset. Yeah, absolutely. Sir, what? So ultimately though, it was buddy's son David that led to his recapture. Oh, I kind of absolutely love that.

I absolutely positive. Yes. Love it. He led to his recapture six weeks after fleeing New York. Good for him. Because from the moment Buddy escaped, detectives started following all of his friends, all of his relatives, all of his associates, nearly around the clock. In fact, at one point, David Jacobson,

this on there, was being followed so closely by the police that he pulled over to the side of the road, walked back to the police car and said, all right, let's use the same car and save gas. Oh my God, I love it! He was like, you know what? He was like, you know what? Why would we kill him the planet here?

Let's save some gas. He was 25 at this point, and he had actually run into some legal troubles himself, probably because his father abandoned him. Yeah, there's that. So he was offered a muniti in exchange for information leading to the capture of his father, which he accepted. On July 9th, David arranged for his dad to call him that afternoon. And the Brooklyn District Attorney's office had placed a tap

on David's line, obviously. And they were like, listen, you need to keep your down on the phone as long as you possibly can. Yeah. The trace took nearly 20 minutes, which is kind of crazy to think about, because I feel like they must happen a little faster now,

you know? I would think so, but I honestly have no idea. Yeah, I don't know really how that works. My interest is to say yes, but I think some things are still so slow. They are. But eventually the phone company was able to identify the incoming line as being a pay phone

outside a diner in Manhattan Beach. So the DA relayed the information to Manhattan Beach police and buddy was arrested that same after. Hell yeah. It said, got him. Wow. So when he was arrested, he confirmed his identity, but he wouldn't say anything else

to the police. Of course not. Now, the next day, he was temporarily transferred to a jail in LA before being returned to Brooklyn the next day. And days later, in an interview with reporters, he claimed he had been betrayed by, quote, someone I had confided in, someone I trusted emphatically. And he said was the only reason he was reca- or he was captured. Like someone you trusted emphatically try someone you abandoned as a child. Yeah, you forgot about

that part. Sorry, you had that in there's that small part, but that's the important part of the equation. Exactly. So by the following spring, buddy was tried alongside Anthony D'Aroza for the escape and given a sentence of one to seven years to be served concurrently with the life sentence that he was given for the murder of Jack Tupper. So life plus one to seven years. No, no, definitely not. Now in the years that followed his recapture, Buddy, he kept asserting his innocence. He never would admit that he did anything to Jack.

Of course not. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it.

He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it.

He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't get it. He didn't see it. No one else did. I don't see it. As evidence, he cited the one holdout on the jury who after the trial told reporters, they wore me down. There's a reasonable doubt that he did it. No.

Where is that? Can you show it to me? Yeah, just can you produce that reasonable doubt? What is the reasonable doubt? I just don't see it. No, when the reporter suggested that his escape from prison might have only made him look more guilty, Buddy replied, but the only reason I ran was to be free.

I hadn't done anything. I was the same as those hostages in Iran. Oh, you sure about that? Oh, that's the overstatement of the century. I don't know about that, buddy. Sir, sir. That's the overstatement of the century. I don't know about that, buddy. Sir. Sir. You know what I do know about that?

That's a no. We all know about that. You are a drama fucking queen. Are you kidding me? That's a lot. That's not helping your case, friend. That's hurting your case. You're an asshole.

You're an asshole. You've never looked like anything else but an asshole. As for his feelings toward Melanie, buddy claimed he had no ill will for her. He said, I don't think Melanie lied in court. She was too dumb to lie. She was sick. She had hyperglycemia.

What is hyperglycemia? You have to do with lying. He's like, you know what? Yeah, need a cracker. She's stupid and she didn't need a cracker. It's like, what the fuck, guy? Like, that precludes you from lying. That's like such an old man thing to say.

I don't like, like, I, she's stupid and she was hungry. Like, that's what the fuck, buddy? Like, damn. Correct. What the fuck, buddy? Yeah, it also shut up. Stop talking about her.

Yeah, everybody stop asking him questions about her. Don't put her fucking name in your mouth. Exactly. But he believed that Melanie was manipulated by the district attorney and the police who he said wanted to pin it on him in order to close the case. So now he's away from the fact that Melanie framed him.

He's saying it was the police who wanted to pin the case on him for evidently no reason at all. Okay, cool. And like, did the witnesses, that's how you're the car that you were in? Did they also, were they part of this grand conspiracy? They too had hyperglycine. They too needed a fucking cracker.

A lot of years. They were stupid. Correct. There's that. Wow. So in 1988, Buddy Jacobson was diagnosed with bone cancer. Oh, yeah. And prison officials at Attica suggested moving him to a secure medical facility for treatment, but buddy refused. He was not for that. He told his sister

during a phone call, they want to send me to a county hospital. They want me to go there and die. Well, you might not be wrong. On May 16, 1989, buddy Jacobson did die at the Erie County Medical Center in Buffalo at 58 years old. Damn. Yeah. Following the trial, Melanie Kane, she tried to continue modeling, but she found that the notoriety surrounding the case made it way too difficult for her to find work.

But a short time later, she did marry in, she started a family, and just hoped to put the murder in her relationship with Buddy behind her. Damn. And then Jock's poor family was just left to put the murder and her relationship with Buddy behind her. Damn. And then Jack's poor family was just left to clean up the pieces of his absence. Yeah. Oh! All because Buddy Jacobson is a giant fucking twat.

Cause he couldn't just fucking move on. He could have, like that woman said in the beginning, he could have had nine girls, 13 girls. Yeah, and there's the camera. And there's the camera. And there's the camera. And there's the camera. And there's the camera. And there's the camera. That woman said in the beginning, he could have had nine girls, 13 girls, apparently he had no shortage. Obsessed with this one girl and ruined her life and the man she loved. And this girl was very upfront with him.

She, Melanie was like, I don't like you. Oh, so let it go, move the fuck on. And the thing was he could have had her, but he treated her like shit. Exactly. So she was like, let me go find someone way fucking better than you and every way humanly possible. Precisely.

But yeah, it's just such a senseless case and the way that they just overkill in this case. Oh, that's horrific, it's so sad. It really does feel like a mafia style murder because it's so brutal and gruesome. Yeah, I think buddy had some connection. They just like that, they just so much overkill that it just feels like a different kind of a situation a little bit.

Yeah, I definitely think that there were some connections to that. Yeah, just something going on there, especially how powerful Buddy was in New York. Yeah, I mean, there's some kind of like something going on there. Something there. Oh, it's awful. It's really sad. Maybe we can cover something like haunted next or creepy. I think up next we're gonna be talking about a witch trial. Oh, hell yeah, that's haunted and creepy.

And not the one you know. So we will, we know a couple at this. Yeah. I'm excited about that. What's fucking go girls? The crazy one. We'll see you on, I think, Thursday or something. Yeah, Thursday.

Hell yeah, look at me, no one when we were going. Hell yeah. Well, we hope you keep listening, and we hope you keep it. Weird. But that's a weird that you lie a lot and kill people because I don't like that. Don't be this guy. Just go eat a cracker.

Yeah, don't be dumb and hungry, I guess. Yes. just going to crack her. Yeah, and Add Free on Amazon Music. Download the Amazon Music app today, or you can listen ad free with Wondery Plus and Apple podcasts. Before you go, tell us about yourself by completing a short survey at Wondery.com slash survey. Hey listeners, it's Mr. Ballin here and I'm here to tell you about my brand new podcast. It's called Mr. Ballin's Medical Mysteries. Why medical mysteries? Well, we've all been there. Turning to the internet to self-diagnose are inexplicable pains, debilitating body aches, sudden fevers, and strange rashes.

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