Season 1 - Episode 8: The Death of Dan Damitio - Felony, Firearms, and a Fatal Error

On the night of February 2, 1963, three individuals — Reinhart Nelson, John Patrick Jr., and Alberta “Dolly” Burns — drove through a rainy Grays Harbor night with one goal: to rob Dan Damitio, a quiet grocer and Army veteran believed to carry large amounts of cash.

But their plan unraveled quickly. Shots were fired, and Dan Damitio lay dead in his home. What followed was more than just a murder case — it became a legal battle that would make its way to the Washington State Supreme Court and redefine due process in the state.

In this episode, we examine the tragic events that led to Dan's death and the deeply flawed trials that followed. Nelson, already known to police, was convicted of first-degree murder under the felony-murder rule. But his conviction was reversed after critical errors in the courtroom were exposed, including the introduction of a co-defendant’s hearsay confession and prosecutorial misconduct related to the Fifth Amendment.

We dive into the powerful legal questions raised in State v. Nelson (72 Wn.2d 269), a case that tested the boundaries of the Confrontation Clause, due process, expert witness admissibility, and the ethics of courtroom strategy. The story we uncover is not only about crime — it's about the importance of fair trials and the rights of the accused.

Featuring background on each person involved — from Dan Damitio's quiet life and military service, to the complex histories of Nelson, Patrick, and Burns — this episode paints a full picture of a case that still influences Washington’s justice system today.

🔎 Sources include:

• Washington Digital Archives
• Justia Law: State v. Nelson (1967)
• Grays Harbor County historical and legal records

If you enjoy deep dives into criminal cases that shaped legal precedent, follow and rate Only Murders on the Harbor wherever you listen. Your support keeps the stories alive — because justice is more than a verdict.