46. Tragedy at Taco Bell: The Case of Penny Dawn Moore

In this gripping episode of Lethal Library, Dani and Stephanie delve into the senseless and tragic killing of Penny Dawn Moore outside a Taco Bell in Boise, Idaho. Penny's boyfriend, Brent Tortolano, claimed innocence, but evidence and witness testimonies told a different story. With a mix of true crime details, cheeky commentary, and side tangents about fast food, this episode highlights the stupidity of criminals who think they can get away with murder. Tune in for a tale that unravels the dark truth behind a seemingly random act and the subsequent failures of the criminal justice system, all the while honoring the memory of Penny Dawn Moore.

Interestingly enough, this crime occurred within 4 hours of another case we've covered - Episode 6: Community Hero to Convict, The Abdullah Case

Contact The Lethal Library at TheLethalLibrary@gmail.com. Follow us on Instagram, Facebook, and TikTok!

Transcript

Dani 0:00

A Friday night run for food ended with a young woman shot in the head in a fast food parking lot. Her boyfriend said he went inside and came back to find her dying. But witnesses, evidence and his own words began to tell a different story. What first looked like a random act slowly revealed itself as something far more familiar and far more preventable. This is the killing of Penny Don Moore.

Stephanie 0:58

Alright, welcome back to the Lethal Library. I'm Stephanie.

Dani 1:02

And I'm Danny.

Stephanie 1:03

And we're here to tell you yet another true crime tale out of Idaho. I feel like I've heard about this one. I know I say that a lot, but I'm, I always like these ones where I was younger and heard about something in the headline and you know, you sometimes don't always hear the end, so I know I don't remember it fully, but I'm excited just to see what happens in this case.

Dani 1:28

Yeah, this is just another tale of a, a tragic, you can see it coming. Oh, and you just, oh, and he's an idiot.

Stephanie 1:42

Shocker. They usually are.

Dani 1:43

Yeah. Uh, just, yeah. So,

Stephanie 1:48

well, let's hear about this idiot.

Dani 1:51

Let's get into it. Let's go. On October 4th, penny Dawn Moore waited in the passenger seat of a green two-door Chevrolet Cavalier convertible, parked outside of the Taco Bell at Broadway Avenue and Highland Street in Boise, Idaho. Mm-hmm. Are you visualizing? I am. Okay. And what a cute little car. Mm-hmm. I always wanted one of those when I was younger. I really, you're very cute. Yeah. Like, yeah, I can do the Caprio, eh. It was just after 10:30 PM when a single 25 caliber bullet struck her in the forehead. She slumped forward in the seat, critically wounded while the person that was with her that night would soon begin to tell police a version of events that investigators said did not make sense. Mm. Penny's boyfriend, Brent Tortolano. And I'm gonna fuck that word up, just so you know. I'm gonna try my best. And you are tortellini told what?

Stephanie 2:52

Brent? It's a Brent. Brent, sorry. There's certain names. I'm just like, that's how, that's how I hear it when someone says it. Brent, I,

Dani 3:02

uh, told Boise police he had gone inside Taco Bell that night to get food. He said that when he came back out, he discovered Penny had been shot. Lieutenant Rich Schley said police had suspects but declined to say more as the investigation unfolded.

Stephanie 3:19

I recognize that name. I feel like he's probably been part of several cases. I don't know if we've covered'em or not, but I know that that's a familiar name.

Dani 3:27

No, he has been in some of the cases, sly Schley. Lieutenant Penny was transported to St. Alfonso Regional Medical Center where she remained in critical condition throughout the weekend. She never regained consciousness. How terrible. Yeah. For her family to go through that

Stephanie 3:49

and hoping

Dani 3:54

on October 8th, she died at 6:44 AM leaving behind her 3-year-old son again. What the fuck? With her death, police officially began investigating the shooting as a homicide. Before any arrest was made, a memorial appeared at the edge of the Taco Bell parking lot, just feet from where Penny had been shot. Friends and family placed candles, flowers, photographs, and handwritten notes at the scene. Pennies were scattered across the pavement.

Stephanie 4:27

Oh my God.

Dani 4:29

Love that.

Stephanie 4:30

Yeah.

Dani 4:31

One note, read quote, bad things happen to good people. And another said, all the love in my heart is yours as you need it. She was a young gal. Mm-hmm. Just out to go grab a bite

Stephanie 4:45

going to Taco Bell.

Dani 4:47

I remember late night rides go get Taco Bell. That was my jam.

Stephanie 4:51

Oh yeah. Remember

Dani 4:52

when they opened one up in, when they were

Stephanie 4:53

all 24 7 in Nampa? Yeah.

Dani 4:56

Oh, fuck Yeah. It was so exciting. There was a time,'cause I'm a little older than you, where you had to drive to Boise to get the Taco Bell. Oh, I'm way older than her. The look on her

Stephanie 5:10

face, I'm like, what a travesty. You had to walk uphill both ways to the Taco Bell.

Dani 5:18

It was far. Um, yeah, we had to drive to the Boise to be getting the, the Mexican pizzas. Oh my God. Now I'm craving that and I don't even like Taco Bell anymore. I

Stephanie 5:29

love Taco Bell. Oh, I, I have to say I've, I didn't use to like it. I've grown to love it. I don't know why. What's your go-to? they have a new quesadilla with steak and poblano peppers. It's pretty good. of course, crunch wrap Supreme, or like the cheesy Gordita Crunch. It's like a gordita with cheese and then a hard shell. It's like the best of every, it's the fake Mexican world.

Dani 5:56

I like the doubledecker.

Stephanie 5:58

Oh, doubledecker. Is it Taco Doubledecker Burrito?

Dani 6:01

Yeah. Oh, yeah. Supreme. which we all know. Is a Taco Bravo from Taco Johns.

Stephanie 6:11

Yeah. Ripped off.

Dani 6:13

Which you cannot be a, I wanna drive to Twin Falls to have Taco Johns.

Stephanie 6:19

Is it still open there? Yeah. If it means we need to go,

Dani 6:21

we should just go to Jackpot. And it

Stephanie 6:23

was by Nampa High and I lived close to there. They kept me fed and listen, it was like a healthy, fast Mexican food. I feel Everything was always very fresh. You get tons of veggies in your burrito for cheap as fuck,

Dani 6:40

uh, and some potato olays,

Stephanie 6:42

fucking potato oola, like Taco Bell couldn't. What did they put in those things? Crack. It was.

Dani 6:49

Um, so anyways, taco Bell is nothing. Taco Johns is the winner. Hands down. Taco Johns

Stephanie 6:55

is my fave.

Dani 6:57

I mean, I can do a taco time. Yeah, I can do a crispy meat.

Stephanie 7:01

Yeah.

Dani 7:02

Uh, I can do a regular taco some, but no, taco Johns was a jam and now we don't have it here.

Stephanie 7:10

What I really wanna try from Taco Bell though is the grilled cheese burrito where there's like cheese on the outside. Like a crispiness melty cheese. I wanna try it. I keep, it keeps coming across my TikTok.

Dani 7:23

I'm getting hungry now. I'm being

Stephanie 7:25

influenced. Sorry, taco Bell rant. I know one lister might appreciate that

Dani 7:33

Moore's grandfather, Richard Moore of Mountain Home, described Penny as outgoing and fiercely loyal. He said she had devoted herself to raising her young son rather than pursuing a career. A 3-year-old is a career. Yeah,

Stephanie 7:49

absolutely.

Dani 7:50

he said everyone just loved everything about her. That was probably her problem. He said she drew people in easily and stayed devoted to those She cared about if you had her as a friend. He said you had her,

Stephanie 8:04

she sounds like a real sweetheart

Dani 8:06

and fun. Yeah. Police focused on the moments. Immediately after the shooting, instead of calling 9 1 1 from the Taco Bell parking lot, Penny's boyfriend Tortolano drove away.

Stephanie 8:22

Okay.

Dani 8:23

He traveled south about three blocks to the Mr. Car wash at Broadway and Boise Avenue, and then called nine one one from his cell phone.

Stephanie 8:34

So he supposedly, his story so far is he went in, got food, came back, found her shot in the head, and drove away to a car wash.

Dani 8:46

He, these fucking people, Danny, I mean, he had a tell. So this, listen, when I was researching this, I'm like.

Stephanie 8:53

Maybe he didn't have a cell phone.

Dani 8:54

Maybe he didn't have a cell phone. I mean, this is 2002. Their kids, one, maybe they don't have their flip phones. Mm-hmm. The Nokia little baby brick. I love those. Maybe he didn't have one. Maybe he was trying to find a payphone, which

Stephanie 9:12

Taco Bell would've let you use their phone?

Dani 9:14

Emergency. Hello? He probably didn't even have to dial. He could have just opened the door and said. My girlfriend's been shot. Call 9 1 1. Somebody called?

Stephanie 9:23

Yeah.

Dani 9:25

No, he, he drove away.

Stephanie 9:28

Hmm.

Dani 9:29

Because I mean, illogical Boise Police Officer Ryan Bini later said the caller was hysterical. Bini said the boyfriend was interviewed along with multiple witnesses, and that police were still following leads. Quote, witnesses have come forward and they're being interviewed. He said,

Stephanie 9:53

I certainly hope so.

Dani 9:55

Things are feeling a little sketchy.

Stephanie 9:57

Mm-hmm.

Dani 9:59

As detectives work to reconstruct the timeline. Witnesses told them Penny and tort Lano we're often seeing carrying a silver 25 caliber handgun, but the weapon was missing.

Stephanie 10:12

Oh,

Dani 10:13

police executed a search warrant at Penny and Tortino's. Tortolano

Stephanie 10:17

Tortellinis

Dani 10:19

Caldwell apartment, but they were unable to locate the gun.

Stephanie 10:24

What a winky dink.

Dani 10:28

You're gonna have fun with this one not

Stephanie 10:31

related in any form or fashion, folks.

Dani 10:38

Uh, you know, this is a tragic situation, but when you get stupid people committing Yes, horrible crimes, we're gonna just run'em into the ground because they're idiots. Mm-hmm.

Stephanie 10:47

Yeah. You don't, you just misplaced your gun that you take with you everywhere. The same time your girlfriend was murdered with that same caliber gun happens all the time, folks. Mm-hmm. Who hasn't had that happen to them is what I want to know.

Dani 11:01

I know. The investigation intensified as Boise police were simultaneously, big word for me, kids, uh, forced to respond to another homicide within hours of penny shooting.

Stephanie 11:16

Oh, shit.

Dani 11:17

Which strained department resources.

Stephanie 11:20

Yeah, I can see that same day. That's crazy. It doesn't happen here.

Dani 11:24

It was, it was four hours later. police spokesman, Deanna locker. L-O-K-K-E-R locker. That's how I'd say it. Okay. Said it was the first time in recent memory, the department had to investigate two homicides. So close together. Four hours. Yeah. Yeah, that

Stephanie 11:42

does not happen.

Dani 11:44

Detectives worked overtime with seven assigned solely to Moore's case. Another six and FBI and a TF. Oh shit. Were assigned to the case of Angie, the fake dogs, Abdullah.

Stephanie 12:03

Of course they were, because that was a insane case.

Dani 12:08

They within four hours of each other. This

Stephanie 12:12

is crazy and just, I'm going back and I remember a lot about that case. Mm-hmm. That's one of the ones that stands out to me. Yes. Quite a bit. so guys, just to refresh your memory, this is the one where it happened after nine 11. Angie and her husband Muslim were like pillars of the community. Mm-hmm. And trying to educate and bring people in and answer questions. And basically the husband killed her, but framed it as a form of anti. Muslim or anti, just, he tried to say that it was something like that. Which there was that shit happening at the time. Mm-hmm. And so that's why the FBI and A TF were involved. Mm-hmm. But he was incredibly stupid about it as well. Oh, I hated that man. I still do.

Dani 12:58

No, he's a horrible person. Mm-hmm. Uh, he not only murdered his wife. Could have possibly, potentially killed his children that were in the home, except for the baby boy. He wanted to save. Yeah, he just wanted the baby. and, then, then fueled the fire for of division. Yes. Yes. So fuck you, dude. Still, you know where he's rotting in Arizona, right?

Stephanie 13:23

He's baking.

Dani 13:25

Mm-hmm. Fuck you, dude. So anyway, it really did put strain and there was, it was awful. And there was, I didn't write down any details, but there was, a horrible rape case right about this time. And to know this area especially, well, I shouldn't say especially at this time, we had two murders in one day. It just was highly unusual.

Stephanie 13:47

Yeah.

Dani 13:47

They don't have several, violent crimes at one detective teams to go work separate crimes. So, anyways, just a little. Just a little fact there. I can't

Stephanie 13:59

believe that's the one that happened within, just, that's just crazy to me that now we're talking about one that happened within four hours.

Dani 14:07

so it was, yeah, that they were really,

Stephanie 14:09

strained.

Dani 14:10

Strained at that time. Huge cases.

Stephanie 14:11

Because that was a house fire as well.

Dani 14:14

Yeah. And there was babies involved. Mm-hmm. And

Stephanie 14:17

the neighbor had to come and save them.

Dani 14:19

Oh, it was the reverend. Yeah, he was a reverend or a pastor anyways. He was badass. Like older. It's an old ass man, neighbor who went in and saved like, anyway, it was incredible. maybe Stephanie can drop that in the show notes, It was a pretty early episode for us. I wanna say it was like around eight-ish. Mm-hmm. Seven-ish, nine-ish. Somewhere around there. I'll put it in the show notes. Thank you, ma'am. On October 11th, Boise Police announced they have charged Brent Tortolano, a 19-year-old Caldwell man, who had been living with Penny, was second degree murder. Tortolano turned himself in that evening and was booked into the ADA County Jail on a$1 million bond. Investigators said the story Tortolano initially told police began to unravel. That happens when you're a fucking liar

Stephanie 15:10

and a dumbass.

Dani 15:12

He repeated that he went into Taco Bell, returned to the car, panicked, and drove the to the car wash to call 9 1 1. Can we just remind you that it was on a cell phone? and I don't know if I have this in here, but. He. He had also said he went inside to, he had said I went to get food. Oh no. I went to go use the restroom. May if you're doing both, sir. What? Say both. Okay. Actually, did I just call him? Fuck you. If you're doing both, just say you did both.

Stephanie 15:46

Yeah. That's not uncommon. I went

Dani 15:48

to go to the bathroom and I thought a fucking crunch wrap sounded good. They didn't have crunch wraps in 2002. Um. Sacho.

Stephanie 15:56

Taco Bel Grande.

Dani 15:57

Yeah. Mexican pizza.

Stephanie 15:59

Yeah. Okay. Maybe they had the que No, they didn't have the Querido this time.

Dani 16:04

I bet you they had Nacho Supreme

Stephanie 16:06

and the que cerrito's back.

Dani 16:08

I don't even know what the fuck a Querido is.

Stephanie 16:10

Apparently Taco Bell does this a lot.'cause there's a lot of very fierce online opinions about this. I know it's not related to the case, but. A Taco Bell brings in menu items and then takes them away, and then people are, I saw people crying over the que being back and Listen, I tried the que, it's good. And it has all the ingredients they have there. So I don't know how they're, like, we're taking it away.

Dani 16:37

It's not like it's a fucking McRib. It's a,

Stephanie 16:39

it's a burrito with like rice and beef and sour cream in it in another burrito that has like cheese sauce. So it's like. A quesadilla around a burrito almost. It's, it's not huge. It's a good size, but there was people crying being, they're just,

Dani 16:54

they have repurposed things that they already have.

Stephanie 16:57

Yeah. So I'm like, why are they taking them away in the first place?

Dani 17:00

Yeah. Because McDonald's, the McRib.

Stephanie 17:02

The McRib,

Dani 17:05

that's a whole different piece of meat, bro. Yeah. I mean, I don't even know if I count that as meat, but it's shaped like ribs, so it's not something that they normally have on the menu.

Stephanie 17:15

But people get very heated. People go to city council meetings about it. Have you seen that video of the girl? No, we're watching it. Remind me. MCC crib. And she says it like that MCC crib never had one. Sounds abs. I've had one. It was all right. Was it okay? I mean, it's like, you know, it's not ribs. I mean, maybe it's rib meat.

Dani 17:36

It's a chicken nugget, a naked chicken nugget with barbecue sauce. It's

Stephanie 17:41

a rib meat chicken nugget formed into the shape of ribs with sauce in a bread. And that's, and it's just bread, so it's like, it doesn't even have like any slaw or like pickles or special sauce, like it's bread and quote unquote rib meat, chicken nugget.

Dani 17:59

Hey, McDonald's execs, if you're listening. Um, you know, you could just do a pulled pork sandwich.

Stephanie 18:06

Hello. Who doesn't like that?

Dani 18:08

Um, you wouldn't have to shape shit and funky shapes and you can get

Stephanie 18:12

that shit from Costco. You can't tell me that McDonald's can't get a good deal on some fair pulled pork. It'd probably

Dani 18:18

be cheaper. Mm-hmm. Because they wouldn't have to press it into little dinosaur shaped bones.

Stephanie 18:24

Well, and who, when you think about it, why did they press it into the shape of ribs? Ribs have bones. It's fucking weird. What it's just, and why are there nuggets? The shape of feet? I don't know. I don't know. I know we've gotten off topic, guys. I'm sorry. Absolutely. This, this is what a night with Danny and I sounds like if you were hanging out with us. This is,

Dani 18:47

so I'm saying our epi, it could be

Stephanie 18:49

included.

Dani 18:49

Our episodes are heavily edited because this is a fucking tangent we go on. Alright, so

Stephanie 18:54

I'll include some tangents, but just know that in every episode there's at least like three tangents like this. Okay.

Dani 19:02

Detectives said the evidence suggested something different. They believed Penny was shot inside the car, and that Tortolano then walked into the Taco Bell to give himself an alibi

Stephanie 19:15

just here to order some food and maybe use the restroom. I don't know what I'm here for.

Dani 19:20

Let me, I'll think about that later. Yeah. Captain Mike Webb of the Boise Police Department described the case bluntly. We believe this crime was in the heat of passion. He said, Webb classified Penny's death as a domestic violence homicide. And said friends and police reports showed the couple had a volatile relationship for the 90 days they had been dating.

Stephanie 19:46

Oh my gosh. For it to be already going south that fast. That's tragic.

Dani 19:52

He said, blood found on the shirt of Tortolano. Was wearing the night of the shooting helped link him to the crime. Investigators believed Penny was killed with her own missing handgun.

Stephanie 20:06

Wow. Who could have, who could have thunk

Dani 20:10

a Tortolano arraignment magistrate Christopher Bader reduced his bond to 500,000. Ano appeared calm and composed during the hearing. Penny's family left the courtroom visibly upset. Concerned he might post bail and frustrated that prosecutors had not filed a first degree murder charges. Yeah. Because a$500,000 bail means he needs 50,000.

Stephanie 20:38

Yeah. And people can come up with it that by refinancing their house or, yeah.

Dani 20:43

Pulling outta heloc. Mm-hmm. Maybe grandma and grandpa have money buried in the backyard. So from a million to 500,000, I mean, coming up with a hundred thou, it's a big deal.

Stephanie 20:53

It's a big difference for sure.

Dani 20:55

And the family's ups, they're like, why isn't this first degree murder?

Stephanie 21:00

Tell me,

Dani 21:02

ADA County prosecutor, Greg Brower later said a first degree charge was not appropriate because there was no evidence of premeditation. All right. The case moved to a preliminary hearing where prosecutors began laying out what they believed happened inside the car that night. Boise Police crime scene investigator Randy Hill, testified Penny was shot while seated in the passenger seat. He said a 25 caliber slug was recovered from the backseat and matched. Ammunition found in the trunk of the vehicle. Again, what a ka. Winky dink This guy's a fucking idiot. Witnesses described what they heard moments before the shot. Julie Espinoza testified She heard arguing coming from the car. Their voices were loud and angry. She said, I thought it was just a little lover's quarrel. Another witness testified she saw. Tortolano near the trunk of the car, jumping up and down with his hands on his head. She said she heard him yelling hysterically as he drove away and did not see Penny in the car.

Stephanie 22:21

Hmm.

Dani 22:23

So she's probably like, what? Yeah, I was weird. Especially if you didn't,

Stephanie 22:26

yeah. You're just like, okay.

Dani 22:29

Defense attorney suggested the possibility that someone else fired the shot from outside the vehicle. That theory weakened under medical testimony. Oh, forensic pathologist Glenn Groin testified Penny was shot at close range. He said gunpowder, stippling on her forehead indicated the gun was fired from within about two feet.

Stephanie 22:53

Oh, that is so close. Like I don't know if anyone's ever seen a gun like two feet from your head. I hope not, but I staring down a barrel is never a place you want to be.

Dani 23:08

When questioned why the stippling was not mentioned in the original autopsy report. Groman acknowledged the omission mistakes happen. He said, dude, you gotta put that in there. That's kind of critical part of the evidence that it, it really is. It wasn't somebody outside of the vehicle.

Stephanie 23:29

And listen, I get it and I mean, I think we've all listened to in update lines and true crimes to know that most unsolved cases are cases that take decades to solve. It, there typically is at least one. Part of the reason why it took so long is like bad training or police work, and that's what sucks is in a, in an investigation like this, every person needs to do their job well and

Dani 24:01

write it. Dance.

Stephanie 24:02

Yeah.

Dani 24:03

It might be in your brain. But dude, you gotta write it down because it makes you look like an asshole on the stand.

Stephanie 24:08

Well, and from a point of like a science background. Yeah. Why in the fuck aren't you writing it down? Yeah, I saw, I just didn't put it down. Like that's not a scientific approach. Like you're there to observe and report frustrating

Dani 24:27

because you are literally a forensic pathologist. You're a scientist.

Stephanie 24:31

Yeah. This is your job. Incredibly important

Dani 24:37

testimony then turned to what people said they heard before Penny died. Danielle Collins testified that two days before the shooting, Tortolano came to her home and showed her Penny's silver handgun. And I don't know if I wrote this down anywhere in the story, so I just have to say this. The gun was supposedly missing for a few days and people knew about it.

Stephanie 25:03

Whoopsie

Dani 25:04

people knew about it. So then for him to be sh, you know, having that gun on him two days before the shooting might've been, and I'm just hypothesizing here, that Penny said I can't find my gun. Something like that. Or he might've mentioned that we can't find Penny's gun, but that he had it. Mm-hmm. Mm-hmm. That's what it sounds like to me. She said, he told her quote, I'm going on a killing spree. Do you wanna add any names to the list?

Stephanie 25:35

What

Dani 25:38

Colin said, you did not take him seriously at the time and said. He looked pretty stressed out. He looked like he'd been smoking crank for a long time. Ru row drugs messing around, fucking meth

Stephanie 25:53

around. And that was super prevalent around here during that time. Oh yeah. Oh, every there was. It was all over the place.

Dani 26:03

Another friend, Jennifer. Oli, I apologize if I said that wrong. Testified she witnessed violence in the relationship. She said she saw Tortolano throw a bottle at Penny and push her during an argument while they were smoking methamphetamine shortly before the killing. No good Kevy Lich testified. Tortolano issued a direct threat. Quote. He said, no, I'm serious. I'll kill her. Oh. So, and when he pushed her during that argument, he had, he pushed her onto a mattress. So maybe that's why she didn't think it was such a big deal. Like a push off. Sure. Or something. I can under, I can see

Stephanie 26:53

that.

Dani 26:53

But

Stephanie 26:55

eh, no. And this is like even. Some men will just break things around you or throw things around you just so everyone is clear. That's what that man wants to do to you. they're just kind of trying to find a loophole if, if a man is acting like that around you or woman, I've seen that. Yeah. So when someone is doing that, they're trying to show you exactly who they are and believe them.

27:45

Hey friends, we wanna talk about some of the subjects that are a little bit heavier on our podcast. abuse isn't your fault and there are safe, confidential ways to get help. Domestic violence doesn't always look the same. It isn't just bruises or broken bones. It can be about controlling money, isolating you from your friends, constant surveillance or threats against your kids and pets. Abuse thrives in silence and breaking that silence is the first step to safety. the National Domestic Violence Hotline is available twenty four seven. Call 1 807 9 9 SAFE or 7 2 3 3 or text start to 8 8 7 8 8. You can also chat@thehotline.org. Advocates can help safety plan with you even if you're not ready to leave. If you're worried that your device is being monitored, it may be safest to call. Teens and young adults can also contact. Love is Respect at 8 6 6 3 3 1 9 4 7 4 or text. Love is 2 2 2 5, 2 2. For Native American and Alaska native survivors strong heart's, native helpline offers culturally specific 24 7 support at 8 4 4 7 native. If you are someone near you is in immediate danger, please call 9 1 1. You deserve safety.

Dani 29:24

Boise Police, detective Lance Anderson testified Tortolano lied repeatedly after the shooting. No. Really? Yeah, he did. Anderson said Ano initially denied that he or Penny owned a gun.

Stephanie 29:40

Oh. When everyone knows that you do and changed his story after detectives. This was an oh two where like true crime and stuff. So maybe you just think. You just easily get away with a quick, easy murder of your girlfriend. I'm sure. What gun? Whatever that ammunition in the trunk. I've never even seen a gun in my life. I don't, I've never looked at a gun before in real person. Only on the movies.

Dani 30:10

but the detective said they learned from family and friends that Penny owned a 25 caliber pistol. It

Stephanie 30:18

sounds like she was probably pretty proud of it

Dani 30:20

and that Tortolano carried it often. Anderson testified that when he told Tortolano Police would search the route between Taco Bell and the car wash for the weapon, Tortolano smirked, and said, good luck. Oh,

Stephanie 30:36

taunting. That's helpful. Mm-hmm. And not suspicious at all. Oh my God.

Dani 30:42

I, I could never be a detective because I would just be like, I'm gonna throw punch you. Yeah.

Stephanie 30:48

Gimme the Billy club now. Fuck. Uh oh. Some smart ass fucking kid. Just doing that when you know that he's murdered a 19-year-old. Yeah. Murdered his girlfriend, who is a mother. Oh, the rest you'd have to put, or you just wanna, like my taser accidentally went off, fell. You'd have to put me in handcuffs. It fell outta my

Dani 31:11

pocket. Like, put him in handcuffs. Put me in handcuffs. Let's talk because I would wanna punch him in the fucking throat. Mm-hmm. And now I'm gonna fucking headbutt you. Bitch Anderson also testifying, Tortolano claimed they were at Taco Bell to buy a large amount of Marajuana. And suggested a drug dealer might have shot Penny. Oh, of course. That's trying to fit his narrative. I just went in to order a taco and, and five pounds of weed, five pounds of weed. the talk a Friday night, taco Bell at 10:30 PM That place is popping. It's by Boise State. Yeah. I mean, I promise that was the closest Taco Bell to Boise State. Everybody was there. Yeah. Who's not? We have a whole fucking desert to go buy marijuana. You bitch, whole fucking desert. Like another 20 minutes away. Go, go buy your marijuana out in the desert. Mm-hmm. He's such a fucking liar.

Stephanie 32:12

but, well of course he says marijuana because he's high on meth. So he is like, but marijuana, it was just some pot that bad. Just paw not, definitely not meth. Not meth. I wouldn't do that in his pupils or quarters.

Dani 32:25

he repeatedly changed details and could not keep his story straight. Typical messing around and you're a fucking liar. Mm-hmm. Uh, you can't meth around and lie and kill people. After two days of testimony, the case was bound over to district court. This fucker pled not guilty. Oh, and the case proceeded to trial

Stephanie 32:52

fucking tortellini.

Dani 32:53

He had some attorney Delusively thinking he could get off on this case.

Stephanie 32:59

Well, and I think about this a lot and I, I hope, because when you hear Dateline, and even in some of the most obvious state lines when they interview the defense attorneys and they'll be like, I truly believe they had nothing to do with it. Even when it's like a circumstantial, but it, like, I just heard one today where it's like, well, he bought cyanide, his fingerprint was on the cyanide bottle. as soon as she got home, he made her a drink and then there's no other way she could have come into contact with cyanide. And she died of a acute cyanide poisoning. and their marriage was on the rocks where it's like some defense attorneys are like. But did anyone see him put cyanide into the drink? No. Case closed. We, we, we got it folks. We did it. We did it. Joe,

Dani 33:53

like

Stephanie 33:54

what?

Dani 33:54

This is such a good analogy.'cause that's,

Stephanie 33:57

listen, but they do this and so I'm just like, as a defense attorney, I could never, I know that it's. And you have to for their right. Right? Because if you're a shitty defense attorney and you don't do all the things that you should do, then you're gonna have appeal, after appeal, after appeal,'cause you did not provide them what they are legally obligated to have. So I'm just like, how many of these people are like, I just gotta fucking toe the line and act like I believe this motherfucker's innocent until the day I die. And that's, that's your mo. Now I could never props to those that do that prevent an appeal. Sure. But it's just self would not allow me to act like that, to be like. No one saw him physically pour the cyanide though. So he's obviously innocent you

Dani 34:47

and then they're disappointed in the And fuck science, right? Uh, yeah. Did you have two witnesses? No,

Stephanie 34:53

but we've got his prints and his order of the cyanide.

Dani 34:58

What? Well, this is so hilarious that you went into that little tangent because it was

Stephanie 35:03

a recent dateline, so I hope that y'all listen to that. Let me give you a fun

Dani 35:06

fact. Just

Stephanie 35:07

tell me, Danny, I could. Danny was grinning ear to ear as I was telling that story, so I know. I knew something good was coming. I love this when she just lets it marinate. Yeah.

Dani 35:17

One of the attorneys who defended Tortolano was Ada County Public Defender David j Smithers. A longtime lawyer who had represented indent defendants since the early 1990s and worked on multiple homicide cases. A few years after the Tortolano case, Smithers ended up on the other side of the criminal justice system himself. Oh no. In December of 2006, mothers was arrested at the Red Feather Lounge in downtown Boise. Oh, after staff reported he was causing a disturbance. Police warned him to stay out of the bar, but when he tried to go back inside, the manager placed him under a citizen's arrest.'cause the police said, dude, if you go back in here, you're gonna get arrested. What'd he do? He went back in there. And then the manager, I will

Stephanie 36:12

never understand people that do this with blank trespassing. Oh,

Dani 36:15

you're, you're gonna understand in a minute. So he said, um, do you know who I am? Right. And he went back in Kim

Stephanie 36:23

Kardashian. That's, is that who you are? Like what

Dani 36:26

the fuck? And then, so a literal citizen's arrest on this guy.

Stephanie 36:32

How crazy.

Dani 36:33

Um, a. Officers later said they found six grams of cocaine and a small glass vial on him. Rut row. Oopsie. Smothers was charged with felony possession of a controlled substance.

Stephanie 36:48

And Idaho don't play with the cocaine? No.

Dani 36:51

Oh, well they do because he beat, you know, good old boys. No, listen to this shit. In court. He appeared wearing an orange jail jumpsuit, which had to be just humiliating for him because he is an attorney. Yeah, he said very little and was released on his own recognizance. The man who has spent years standing next to defendants was now sitting in the defendant's chair. He eventually pled guilty and was granted a withheld judgment, avoiding prison if he completed probation before sentencing. Smothers told the judge. I'll never go near drugs again in my life because of this incident. Sure, sure, sure, sure, sure. This is a huge mistake. I have nobody to blame but myself. Fat mouth. I will never touch those drugs. These again, I didn't even know it was the drugs, and I will say it was Bell. It was in my research, Smithers and Smothers, you know, tomato, tomato. Yeah. So I just had to let you know that's why I was grinning because he was probably high. He is like, dude.

Stephanie 37:56

You didn't do this. Let's do some

Dani 37:57

meth. Let's, let's get high about it.

Stephanie 38:01

Did you bring your crack pipe though?'cause I'd love to talk about this for 17 hours until 4:00 AM Please tell me how you're innocent. Like, Ew. Isn't that funny? Yeah, that's

Dani 38:13

fucking hilarious. During opening statements, deputy Ada County prosecutor Jill Longhurst framed the case as one of escalating anger and deliberate deception. This case is about malice. She told the jurors it's about a calculated, malicious, brutal decision Tortolano made. When he tells you he's going to kill somebody, you better believe it. She said, Tortolano shot penny, dispose of the gun and lied to the police. And this was, this was like a little bombshell for me'cause I hadn't read this in any of my research yet. Investigators later found the weapon hidden in the bushes near the carwash

Stephanie 39:01

and he said,

Dani 39:01

good luck.

Stephanie 39:04

Well, apparently they found some luck. Yeah. How that smith Smithers the bushes in the car wash. Could you not have boomerang that thing a few hundred yards like. Maybe you needed to loosen up your arm a bit.

Dani 39:18

I'm gonna the police to take, just listen.

Stephanie 39:22

I feel like they probably should have found that immediately.

Dani 39:24

It should. Yeah. No. Yeah. No, no. Wasn't found immediately.

Stephanie 39:28

And so we've just got a random gun sitting in a bush. Mm-hmm. For how long?

Dani 39:34

Defense attorney Dave Smithers argued prosecutors lacked direct evidence. He told jurors Tortolano was unfamiliar with Boise and drove around trying to find help. Oh

Stephanie 39:45

no. Oh no. I have a phone I could call help, but let me drive in a circle.

Dani 39:51

Quote. He was trying to get her medical attention and did not know where to go. Smither said, describing the relationship as romantic rather than abusive. Have another hip fucker.

Stephanie 40:05

And that's how they view it though. Like people that are in the throes of addiction, they're like. What an intense connection we have. and it's like, no, that's just fucking abuse dude. that's not no one. No one does that. No.

Dani 40:23

Boise Police officer Jason Rose, testified about Tortolano behavior after the shooting. He described extreme mood swings, saying Tortolano went from crying and distraught to joking on the phone. He would go from crying to saying. What up dog? Rose testified. So he was calling, he was on the phone

Stephanie 40:43

calling the homies. Maybe,

Dani 40:45

I don't know why. If you are, interrogating this guy, basically, why you're letting him have a cell phone? I don't see that in the Datelines. That's

Stephanie 40:55

crazy. Yeah, so

Dani 40:56

he had his cell phone and he would be like crying and he was like, somebody would call me. He's like, what up dog?

Stephanie 41:05

What up dog? Uh, never got my crunch wrap Supreme, but you, you wanna meet up later and got that meth I was looking for, or

Dani 41:17

marijuana, whatever,

Stephanie 41:19

five pounds of marijuana that got my girlfriend killed.

Dani 41:23

In closing arguments, deputy Prosecutor Julianne Mehan, told jurors total ono's grief was an act. When the Mountain Home kids pulled into the parking lot, she said the performance began. And this is referring to, because Penny had lived in Mountain Home sometime, and I don't know what these mountain home kids were doing in Boise, but they were, they knew her. Mm-hmm. They knew these guys and that's when he started to freak out. Is when there was somebody in there that they knew.

Stephanie 42:01

Really?

Dani 42:02

Yeah. Defense attorney Michael DeAngelo argued there was no proof. Turtle Ono fired the gun and suggested the shooting may have been accidental.

Stephanie 42:19

Whoopsie. Let me drive in circles to the car. Wash about it.

Dani 42:24

After two days of deliberations, the jury found Brent Tortolano guilty of second degree murder at sentencing. Fourth district Judge Ronald Wiler focused on the lasting impact. He sentenced Tortolano to 30 years in prison with parole eligibility. After 20 years. He told Tortolano that by the time he could seek release, he would be 39 and Penny Moore's son would be 23 and Penny will still be dead. He said, so her son will be older than Penny was? Yeah. When she. Was murdered. Mm-hmm. And taken from him. Tortolano replied, absolutely. I don't disagree with your sentence. One bit, your honor. Penny's close friend Tabitha Miller told the court what the loss looked like in daily life. Yeah. Every time he cries and says, I want my mommy, my heart breaks all over. How

Stephanie 43:33

terrible is that trying to consult a

Dani 43:38

child? Mm-hmm. She told Tortolano, I hope you know how many lives your selfish and brutal behavior has affected.

Stephanie 43:48

Get it, girl,

Dani 43:49

and crying, whiny Tortolano apologize through tears.

Stephanie 43:55

Oh, this makes me so mad.

Dani 43:58

I didn't mean for this woman to die. He said, I love this woman.

Stephanie 44:03

I'm doing the Cardi B. What the fuck in court action right now for you? Those of you just listening, I didn't mean that. I just shut her in the head. Shut the fuck up.

Dani 44:19

I

Stephanie 44:20

fucking hate guys

Dani 44:21

like this. You can be sorry all you want. That's fine. You're sorry'cause you got caught. Mm-hmm. And so shut the fuck up and take your sentence. Like a fucking,

Stephanie 44:32

trying to rationalize and

Dani 44:35

take, take your punishment. Mm-hmm. And just shut the fuck up because this is all just pathetic. All the

Stephanie 44:42

excuses. Yeah. Yeah. Fuck off.

Dani 44:47

Prosecutor Anne told the court she didn't believe him. Thank you. I believe the defendant is lying. About everything that happened that night, she said yes. Yeah, he was, judge Wiler acknowledged Delano's late disclosures, but said parts of his story were not credible. I, I'm going to send you to prison, he said, but I think you knew that going in

Stephanie 45:19

like. I hope you knew you weren't fooling anyone this whole time. Just so you know, we've all, we all saw right through that. Thank you, judge. Um, yeah, fuck you.

Dani 45:30

Brent Tortolano is currently 43 residing at the Idaho State Correctional Institution in Boise, Idaho. His release date is scheduled for 10 16 20 32. Fuck you, Brent.

Stephanie 45:45

Brent. Fuck you. Yet another case of just senseless fucking violence. What on earth would you need to shoot someone in the face? Four at a Taco Bell in a three month relationship?

Dani 46:05

90 fucking days. And they were already living together, which I can't say shit about shit because I've done that before, but, um. They were obviously, I can't say anything about Penny. I don't know if, if Well,

Stephanie 46:21

people just said that. I mean, they said that she was great and you know, even if she was dibbling and dabbling in the drugs too, again, I can't say anything. but she had a three-year-old son. I mean, you have to be responsible enough just to make that work. Mm-hmm. Even at the worst. So it's like. What on earth are you shooting someone in the face for

Dani 46:49

there? What kind of argument could you be having to, I mean,

Stephanie 46:55

after three months?

Dani 46:56

Yeah, that's supposed to, even if

Stephanie 46:58

there's a cheating or like, and I'm not saying that that's the case, but I'm just like, this seemed like they said a crime of passion. Like in the moment I don't

Dani 47:08

feel like it was a crime of passion because the way he talked. He had,

Stephanie 47:13

he was gunning to kill someone.

Dani 47:14

Yeah. He said, I you wanna add anybody to the list? I'm gonna go on a murder spree. He said, I'm gonna kill her. Like it was nothing

Stephanie 47:23

to him. Yeah. Like a like not reality. Yeah.

Dani 47:28

Such a tragic, senseless

Stephanie 47:31

crime. And just another example of the absolute bullshit and.

Dani 47:38

it's not okay if, if you've been dating for 90 days and your boyfriend is pushing you and throwing bottles at you, huge red flag. I mean, it's a red flag at any time.

Stephanie 47:49

Yeah. And people can even be more sneaky about shit, but thank God there's more resources now. So when you see a video that really like resonates with you where you're like. I didn't know that that was an abusive thing. Pay it some mind. Yeah, really. When you see other people that have had to go through sometimes terrible divorces or just miss being killed or whatever, just listen. And of course, every situation's not the same, but there's so many little red flags that women and men are sharing with each other now. Mm-hmm. And so it's like.

Dani 48:31

Which is great because it's not always a one way street. I mean, it's not always, you know, women are abusive too, and can murder and, but this domestic violence we see heavily it's that it's the men, it sounds

Stephanie 48:44

always, uh,

Dani 48:45

control, blah, blah, blah, blah, blah. So statistically, yeah, statistically that's the way it goes. But just another,

Stephanie 48:52

another wake up call.

Dani 48:54

Just another

Stephanie 48:56

fucking asshole. That you think, oh, we've only been together this long. Surely nothing bad could happen. Yeah, you're in the honeymoon phase in three months, so you might just think it's a passionate thing. Clearly, no. So watch out for yourself. Heed the warnings of friends, family, or if you see something that resonates with you and just don't, you don't have to tolerate this shit.

Dani 49:21

You don't. And can I just tell you the sweetest thing in the story? Was that people were putting pennies.

Stephanie 49:29

I know. I love that. I almost want to like, just drop a penny, like in honor.

Dani 49:35

Uh, that was just so,

Stephanie 49:37

I wonder if her family does that. Like if they're thinking her hope they, do they just drop a penny or something? I they, what a sweet sentiment. Oh my gosh. That made me cry. But just like, what a cute sentiment that would be. Anyway, so rest in peace, penny. Fuck Brent. Go fuck

Dani 49:55

yourself, Brent.

Stephanie 49:57

Anyway, rot. Um, thank you guys for being so patient during our little break. Thank God we had it because e if we would've tried to record and publish in J in December, um. We would have lost our minds and probably been committed to Intermountain Hospital, our local grippy sock vacation home in Idaho. Mm-hmm. So thank you so much because yeah, we needed that time and things came up and we hope that your holiday was great. Hopefully you didn't almost end up in a grippy sock vacation. But a little minty be, you know, sometimes need a little minty be vacay. I could have used one on like, just lock me up and then I can have some peace and quiet bitch. I just need some peace. Honestly, I totally, I can feel that like just gimme a week or two.

Dani 50:53

Holidays are pressure enough and then you add a little family trauma in it and. But, uh, we're good. Everything's I'm fine. Everything's fine. Everything's fine.

Stephanie 51:03

Yeah. Don't worry or anything. I mean, I'm sure everyone, you guys probably had your own things going on too, so thank you for being patient. and sent, I want you guys to send us some podcasts, recommendations of what you're listening to.'cause I put one up there of Elizabeth. Oh my God. Have you listened? Yes. And it's, there's certain things that. Some of the fake text message readings are a little off, but other, the story and the story, she is fucking nuts. So you have to go check that out. Absolutely nuts. Listen to Elizabeth.'cause this is, I am, I'm such a picky little bitch when it comes to podcasts. Like it, I can listen to a dateline every day'cause it's always, I know what to expect. It's gonna be a good story to get into a series and to like a series. I have to really like it.'cause if I'm not interested within the second episode, we're fucking done. I can't invest any more of my As if I'm like, I'm A CEO. I only have so much time to invest.

Dani 52:02

And this is the difference between me and stuff. I am not a fucking quitter.

Stephanie 52:06

She will do it the whole thing. And she finds some treasures this way where she's like, I know it's slow until episode four, but you better stick with it bitch. And I will if I get a recommendation, but. Yeah, it has to come highly, highly recommended. Lizabeth is so wild. No, it's pretty good. I don't know how anyone, I feel like you'd have to have seven phones and 95 fingers to be sending the emails and texts to all of these people at like, is she an octopus actually? Is she an alien?

Dani 52:37

Yeah. People's brain up. What the fuck? E Elizabeth. Just keep up on lies. Listen. Yeah, just would be hard for me.

Stephanie 52:44

All righty guys. Another episode. Ten four rubber ducky.

Dani 52:49

Fuck yeah.

Stephanie 52:50

Woo.