After two trials, the jury could not reach a verdict against Chad and Shannon Floyd and the prosecution declined to try a third time. The case was covered on 48 Hours earlier this month:

Golub case to air on '48 Hours'
Published 12/5/2009 in Local News

By RACHAEL GRAY
rgray@gctelegram.com

The case of a missing man last seen in Johnson City will air on tonight's episode of "48 Hours Mystery" on CBS.

The episode, called "Justice in the Heartland," will feature the case of Michael Golub, a man who lived in Johnson City and mysteriously disappeared in 2005. The episode will be broadcast at 8 p.m. on CBS.

Chad and Shannon Floyd, formerly of Johnson City, were charged with first-degree murder and conspiracy to commit murder. They were tried twice, with both trials ending in hung juries. A third scheduled trial for the case never happened as prosecutors decided to drop the charges against the Floyds in wake of having no new evidence in the case.

Golub was an ex-boyfriend of Shannon Floyd, and together they have an 8-year-old son, Mikey. Golub was last seen on May 20, 2005. His body has never been found.

Susan Zirinsky, 48 Hours executive producer, said the story appealed to producers because "in a town where everybody knows everybody, someone knows something," she said.

"Yet two trials later, no one stands convicted of a crime, and there's still no body. Where's the justice?" she said.

Zirinsky said the size of the town and the circumstances around the case were peculiar.

"Something happened to him," Zirinsky said. What happened, she said, is unclear.

She said Golub's mother, Deb Golub, was compelled to find justice for her son.

"You feel like you want to take the journey with her," Zirinsky said.

The show brought in two private investigators to examine the evidence and uncover what they believe happened. The investigators will reveal new facts and new theories as to what happened and why, according to Louise Bashi, director of CBS News communications.

Two trials against the accused resulted in hung juries, and repeated requests for dismissal with prejudice -- meaning the state could not retry the accused -- had been denied by the judge, said Ashley Anstaett, a spokeswoman with the Kansas Attorney General's office.

Anstaett said prosecutors agreed to the dismissal in November 2008 because they were concerned that if a third trial with the exact same evidence resulted in another hung jury, the Floyds most likely would have been granted a dismissal with prejudice.

"Unless there is new and significant evidence that comes to light, the case will not be re-filed," Anstaett said in an e-mail Friday.

Richard Guinn, the lead prosecutor assigned to the case through the Kansas State Attorney General's Office, had said during the trial that the Floyds' motivation to kill Golub stemmed from a custody battle for their son. The Floyds' attorneys insisted their clients were innocent and that Golub had a history of substance abuse, suffered from depression and had been suicidal. The defense attorneys also argued because no body or murder weapon had ever been found, there was no certainty of Golub's death.

Small drops of blood belonging to Golub found on the Floyds' porch linked the couple to Golub and was key evidence for prosecutors. However, the evidence was not enough to convince the jury in either trial.

Golub, 6-foot tall with short brown hair and blue eyes, was last seen wearing jeans, T-shirt, hat, work boots and sunglasses.

Golub went by the nickname "California Mike" and had a tattoo on his right shoulder of Sonic the Hedgehog and the words "milk man" written underneath.

Posted by Thomas A. (Tad) DiBiase, No Body Guy