From midnight until approximately 12:45, Isabelle, feeling anxious and excited about the trip, had a lengthy telephone conversation with a former college roommate who lived in Seattle. Some time after that, she heard a rap at the door and went downstairs, assuming the Seegers had arrived. She was fully dressed, smoking a cigarette, her suitcases already lined up in the foyer. She flipped on the porch light and put her eye to the spyhole before opening the door. Instead of seeing visitors, she was staring down the bore of the.38 that killed her. The Seegers showed up at 2:20 and realized something was wrong. They alerted Isabelle's sister, who was living in a cottage on the property. She used her key to let them in through the rear. The alarm system was still armed at the perimeter. As soon as they spotted her, the Seegers called the police. By the time the medical examiner arrived at the scene, Isabelle's body temperature had dropped to 98.1. Using the Moritz formula and adjusting for the temperature in the foyer, her body weight, clothing, and the temperature and conductivity of the marble floor on which she lay, the medical examiner placed the time of death roughly between 1:00 a.m. and 2:00 a.m.

At noon the next day, David Barney was arrested and charged with first-degree murder, to which he entered a plea of not guilty. Even that early in the game, it was clear that the evidence against him was largely circumstantial. However, in the state of California, the two elements of a homicide-the death of the victim and the existence of "criminal agency"-may be proved circumstantially or inferentially. A finding of murder in the first degree can be sustained where no body is produced, where no direct evidence of death is produced, and where there is no confession. David Barney had signed a prenuptial agreement that limited his financial settlement if they divorced. At the same time, he was listed as the prime beneficiary on her life insurance policies, and as her widower he stood to inherit the community property portion of her business, which was estimated at two point six million bucks. David Barney had no real alibi for the time of her death. Dink Jordan felt he had more than enough evidence to convict.