tara peers >> a few weeks after the trial , family and friends came together in low slowness to remember tara chavez on what would have been her 32nd birthday. for all of those who loved her, tara is never really that far away. >> i'll be in good company if something ever happened to me now, wouldn't i, josh? i i have my baby. she's my angel. and this is dateline this is a couple of cases i've really carried with me. there's a woman who lost her

life. it was really emotional and it was heartbreaking. it was absolutely heartbreaking. >> a wife and mom, and in her bedroom. a frantic call to 911. >> okay, calm down, sir. >> moments later? another. >> my son just killed my wife. >> two separate calls, two separate stories about the same hunting crime, but only one caller was telling the truth. father versus son. >> i grabbed him, i said stop, he throws me to the ground. >> is very good at making up stories, but that's not true. >> he's just accusing the other of the crime. r >> yes. >> and you have to figure out who the killer is? >> that's the problem. >> broken glasses, a pair of sandals, specs of blood, what investigators get it wrong? >> no one on our side of the family had any doubt. >> we may have the wrong guy in jail here.

>> what a jury? >> it was just such a battle, both sides were coming, guns blazing. hello, welcome to dateline. a woman was brutally murdered wo in her own bed, but it was what was came next that shocked investigators. her husband and son both pointing fingers at each other. police new one of them had to be spending an incredible tale, but what story with the e evidence tell? here's dennis murphy, with true lies. >> bill kind knew he was a lucky man, single dad with five kids getting a second chance at love. >> she was the most wonderful lady i had ever met. >> he first set eyes on her at a nail salon, busy stand with

her twin sister. >> there standing in in front nd of a big sign that says nails and they said, joe do nails here ? they just looked at the sign and looked at me and said, yeah. >> her name was diane, a vivacious blonde with a smile. >> he looked through the window in the next week i went to get my nails done. >> rebecca kind is bill's youngest child. >> gave him an excuse to meet her. >> rebecca, you are being used as bait. >> oh, definitely, i was fully aware at the time. im >> it was a light moment and just what bill needed. only eight months earlier he had become a widow. >> my wife, krista, she fell in the middle of the night, they say she had her head and drowned in the pool. i pulled her out of the pool easter, sunday morning, 2000. i pretty much fell apart, there was a single dad. trying to raise them and, you know, keep the family going. >> he loved my mom. he loved her to the moon and back and then he lost her. he was just lonely and you can y see it in him.

my brothers were definitely egging him on to get out and nd meet somebody. >> and in diane bill met somebody special. >> diane comes to the picture, and he has this beautiful woman, and now she's taking care of him. he was in love with her, he needed that. he needed her. >> she was actually what i would consider my dream girl, blonde hair, blue eyes, and just a beautiful person inside u and out. so >> what does she like to do? what tickled her? >> she had a big heart, she would reach out to family and friends, anyone who was in trouble, they can always count on her. er >> on the person who counted on her most was her son, kevin good >> an only child, i was actually-- there might whole childhood i was raised by my nana, my mom, she worked full- time am a single parent. >> kevin could be a handful, but he was always a bit of a mama's boy, and diane noted on her son. >> me on my mom, every day when we woke up, every night before

i would go to bed, we would say it, i love each other. we loved each other immensely, we were best friends. >> things moved quickly for diane and bill. kevin thought they seem to just read for one another. >> he was a kind person, he did do a lot for my mom, he gave her what she wanted and they lived a happy life. >> bill and diane married in 2002. kevin was 15 years old when he walked his mother down the aisle. they moved into bill's home on a quiet cul-de-sac in seminole florida near st. petersburg. a solid neighborhood, good schools, for the first time kevin had a study role model in his life. >> so, how is kevin in the picture? >> kevin was fitting into the picture quite well, really. really took to me more than anyone else that they end dated with, she told me that. we got along very well. >> kevin appreciated bill so much, he wanted to take his name. >> he wanted his name to be the same as his mom and i, and i was very proud of that. >> so, what is wrong with this

picture? not much. kevin got along fine with bill, but joining a big family, with five kids, was a challenge. fi he didn't always fit in. there was tension and a lot of it swirled around the new baby of the family, young kevin. >> you could tell he was raised as an only child, because he was all about himself and all t about his way all the time. >> but kevin's cousin, tonya, said, the kind kids didn't mak things easy for their brother. >> the kids weren't accepting them at first, they were mean and -- >> kevin felt like an outsider? >> a little bit, yeah, i think there was a lot of friction in the house. >> in the ctsummer of 2010, things in the kind house were coming to an end. kevin, now 23 was jobless and still living at home. then he had brain surgery to remove a benign tumor. he felt he needed time to recover, but bill and diane co were ready for the next chapter of their lives in his. t >> we had actually been talking a long time about buying your y

dream home. diane and i wanted to get out on our own, start our own life together, we were looking for a place of our own. >> but kevin comes too? >> a 23-year-old, it is time to be on your own. >> i needed to get out, we all do that. they wanted the house to themselves, i wanted to be on my own too. i didn't want to live with my parents the rest of my life, even though we are extremely ev close. >> on august 15th, 2010, lots st of dream homes and moving out into the routine of a hot florida sunday. bill mowed the lawn and clean the pool, kevin was looking forward to the nascar race and sprawled out on the couch. diane settled into the master bedroom it happened a little before 2:00 p.m., a desperate p. call to 911. then, moments later another call, a different voice.

something unspeakable had happened in the kine house. a senseless, violent act, a mystery with a lot of clues, but no easy answers. >> is a must like an agatha christie mystery, where there's only three people there, and one of them is that, so the caller has to be one of the other two. >> but which one of the other two? father and son about to take turns in the interrogation room. who will detectives believe? coming up. >> i says kevin, stop! he throws me to the ground and takes off running. >> is very good at making up stories, but that's not true. >> when dateline continues. dat what's the average household income? is there a mall? i don't know. a hair salon? where do you get your hair done? (opponent) you gonna move, or what?

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diane kine was dead, and both her husband and son were making calls. first, kevin. and then bill.

two calls from the same location, just in at the part. kevin kine and his stepfather, bill, each accusing the other of murder. >> oh please-- curtis kruger says the competing calls were even more unusual, because they were made in the heat of the moment. >> one person, presumably, is calling and telling the truth the other person has already figured out the story that they are going to use that is not true. that is pretty rare, and certainly quick and devious thinking, by someone. father and son, one falsely accused of an appalling crime, the other, the real killer and a devious liar. the case would be a tough one. 20 veteran homicide detective, jim.

>> they both immediately accuse each other. >> you can evaluate all the stories and figure out what's really going on? >> i do. it is a difficult case. >> first responders found diane kyne's lifeless body faceup in her own bed. kevin's loving mother, bill's loving wife was just 49 years old. >> it appears that she has died from strangulation or a fixation and there's some other things in the room, broken glasses at the bottom of the bed, maybe a shoe. >> interestingly, there was blood? blood on the bed cover, blood of the victim? >> yes, the victim had three small spots of blood on her leg. >> things were in disarray, both inside the house and in the front yard, he took a quick inventory. >> there were shirts in the yard. a pair of shorts, if one was in the front yard. >> just as visible observations. did any of that explain to you what might have happened?

>> no, not really, at this point we have got to interview the two people who were there. >> who did you begin with? >> we began with bill. >> detectives asked bill to come down to get his story. >> his story as he and kevin were going to sit down and watch the nascar races. >> bill says kevin went to the master bedroom to talk to his mom. >> i hear her all her out, kevin in a loud voice, and probably five, 10, 15 minutes goes by, so i get up to go see what's going on, i push the door open and i see kevin on top of diane. i ran in, grabbed kevin from the back, pulled him back off of diane, he slammed me back into the armoire and he scooted out the door, i caught him at the kitchen, he was throwing me around like i was a ragdoll. he shook me up again, took off for the door, he ripped the metal off of the door handle, pulling it off so hard. >> so, now the tussle is going on in the yard. >> i grabbed him and his shirt

came off. at one point, i guess his shorts came off. he had reached into his shorts before they came off, pulled out a cell phone and he dialed 911. and he says-- >> is outside of my house, he's choking me. please help. >> i says, kevin, stop! let's stop this. he says, okay, dad, okay, stop. he grabs me, throws me to the ground and he takes off. >> he's gone? >> he's gone. >> bill then tries to catch his breath and collect his thoughts. his daughter found him head in hands inside the house. >> you look so empty, when i got to my dad, he just looked-- he looked-- he looked like he just took the life right out of him. you took his life away again. and i just -- i broke down for him, good to anything but just reach out and hug him. >> with bill's story on the record, detective binding then

talked to kevin to get his version of events. he says it started out with as just another sunday, with no indication of the tragedy to come. >> built-up meal that and said your mom needs to talk to you right now. i'm all scarred up. i said i'm sleeping, i'm not feeling well right now, and he came back again and said the same thing, your mom needs to talk to you right now. i went towards room, pushed the door open and as soon as i pushed the door open he grabbed me from the back of my neck and put me in a chokehold. yes or, and he put me in a chokehold and i was screaming, mom, mom, mom, please, help me, anybody. and i saw my mind's face, her face was black and blue, it wasn't even blue, it was just black and it was absolutely horrible and that is a mental picture that is going to be in the back of my mind for the rest of my life, probably. >> you are on the front lawn, calling to the neighbors for help, you are calling 911 for help, where does it go next?

>> welcome at that point i finally got away from him, i did drake freak my renesas i could get >> are you running away from a murder scene? >> yes, sir, i'm running away from someone who had just mother and someone who is trying to murder me. >> the stratus told a completely different way from bill. his version is that he comes into your mother's bedroom, sees you on top of her, that you were on top of your mother, telling her. did that happen? >> no, sir. he's very good at making up stories, but that's not true. >> you didn't kill your mother? >> no sir, i did not. >> two to struck 911 calls, two dramatic stories describing a cold-blooded murder, only one of them could be true. coming up. >> did you lie? >> i did not like. >> a polygram, dna, and the curious death of wife number one. >> bill had a wife that drowned in the pool. >> was built kyne becoming suspect number one ? when dateline continues. i was sad. lakesha: it's a long road. it's hard.

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a woman murdered, two men in the house, each accusing the other of a crime. >> yes. >> only one did it, and you have to figure out who the killer is. >> that is the problem. >> is an axiom in your business that the spouses a suspect until they are not. >> this husband had already been accused of killing his wife and his own son. so, detective, jim started taking a hard look at bill time. >> are you finding out anything

about bill? >> it puts them in the frame. >> sure, bill had a previous message marriage they lived at the same home and he had a wife that was drowned in the pool. >> that would interest me. >> sure it would. >> to that interest you? >> absolutely. >> bill's welcome kristin died in the middle of the night. there were no witnesses, but investigators believe she tripped, hit her head and ended up drowning in the pool. police ruled in an accident, and bill collected on an insurance policy. >> you know how much money was paid out on her death? >> i believe it was approximately 250,000. >> bill had other insurance payouts too. >> another on an investment property fire. he was also the beneficiary on policies for diane, totaling $750,000. >> are you a guy that plays fraud games on insurance companies, bill? >> nope. every one of those was investigated. >> this is all consistent. the arson, the insurance

payouts, including and up to diane's death. >> that is the picture that comes together against you. >> i understand that. >> this is not brought on your part? >> absolutely not. >> kevin, bill's main accuser says the motive for his mother's murder was obvious, she was worth more dead than alive to his stepped up. >> let me hear your indictment for built kyne for murder, he kills your mother why? >> money, $750,000 could help him out a lot. >> detectives thought they had a possible motive, now they come through bill's 911 call and his lengthy interview on the day of the murder, not everything seems to add up. reporter, curtis kruger, noticed something curious reported by the first deputy at the scene. >> the first responders arrived and attempted to take the pulse of diane, and they found her body to be somewhat cold. that, of course, indicates that she may have been dead for a while. >> the deputy arrived just minutes after he said he caught

kevin in the act. diane's body temperature may have suggested a different timeline. detective was troubled by another part of bill's story, he never want to check on diane after kevin ran off. >> i assume she was already dead, >> it has been so brief, that you get a good look at her? >> i think you would immediately go to her bedside and see what was going on. >> i wish i would have. >> but you didn't do that? >> i didn't do that. >> bill would not have had to check on diane, if, as kevin said, he was the one who killed her. and dna testing said the results seemed to place bill directly at the crime scene. remember, testing showed her dna on bill. >> we slept in the same bed together, my dna should be on her. >> a reasonable explanation for

the fact, but was it the truth? detective beining reached into his toolbox to assess bill's ability. he asked him to take a lie detector test. >> you agreed to take a lie detector test and you flopped the critical questions. >> i flunked certain questions. >> two questions, and i would paraphrase, but they both had to do with what caused her death or what happened to her. >> one of the questions. did you caused the death of diane kyne ? bill's question, no. the only other question, did you lie about kevin being on top of diane on august 15th, 2010? bill's answer, again, no. according to the test results both answers showed indications of deception. did you lie? >> i did not lie. that is why they don't use lie detectors and court rooms. because they can issue false readings. >> if the guy is flunking the

tests and the sun says he did it, it is not a good set of facts. >> no, that is why we have to attack bill. >> did they ever. jim beining, along with detective, anthony savings, brought kevin in. >> she's dead and there's only two people who could have done it, okay. and i'm here to tell you right now, his dna is not on her neck, yours is. he also said there wasn't anyone around too you already knew she was dead. that's why you didn't go in the room. and the only way you should-- you could have known that is to possibly be involved. >> it was a withering interrogation, and bill kyne cracked. he changed his story and said, he did, in fact, going to his bedroom after the fight with kevin. >> why would you like to us about certain statement ? >> got no logical explanation. >> detectives don't like to be lied to, and he told you a lie. for statement, i'm not in the room, now you are sweating, now he is in the room. >> it's like, bill, you said

you weren't in the room, what's going on? >> is he back down on the story? >> he says i thought it would be better if i said i was in the room. >> if bill for changing his story about going into the bedroom to check on diane made him look better, he was probably the only one. >> i have told you what really happened. >> which version are we supposed to believe? >> because you haven't been truthful to us at this point. >> you see how this is going? you fail a polygraph, your dna is on her neck, he is isn't. the mountain is starting to build. >> detectives thought it looked like a mountain of evidence against bill kyne, what with the evidence say about kevin? coming up. >> his glasses were found at the bottom of the bed. >> could there be a mountain of evidence against kevin too? >> i said what was found on your mind's like, what is your explanation for that? >> when dateline continues. co r

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i'm richard lee with a news update. one of the largest wooden crates on the east coast has arrived at the site of the francis scott key bridge in baltimore. the 1000 ton crane as part of a flotilla expected to lift debris out of the water to make way for ship traffic. and a key government indicator, showing inflation easing. albeit a little bit slowly. the federal reserve chair, jerome powell still expects to cut interest rates this year. the central bank will not do so, until it is confident annual price increases are closer to 2% target. for now, back to dateline. welcome back to dateline. i am craig melvin. >> police had a game of, what seemed like a clue on their hands. investigator started building what believed to be a solid case against diane's husband, but they also took a closer look at her son. here, again, is dennis murphy, with true lives

>> detectives that they have compelling evidence against bill kind, and when they started checking out his stepson, kevin, they realized he had been on their radar before. >> your deputies had a history of being called out to that house? >> they did. >> five years earlier, when kevin was 18, he got into an argument with his mother's sister. assistant state attorney, bilodeau lowery describes what kevin did next. >> the place shut up, he fought with the boys, and he was trying to have his dog attacked the police during it. and he was arrested for resisting arrest. >> kevin pleaded guilty, and now deputies, from pennell's county were back, this time investigating the murder of diane kind bill, who had said his son did it, was painting a picture of kevin's violent past. >> i've never seen anybody act the way that kevin acted out.

>> just three months before, bill said kevin had brandished a knife against his other. >> he was frustrated about something and said you are going to listen to me, he had a knife in his hand. it scared the heck out of him. >> kevin says that never happened. another time kevin's mother bolted her bedroom door to keep them out. >> he kept pounding on the door and pounding on the door and he finally connected in. and broke the door. >> was bill deflecting attention away from himself? or telling the truth about the man he insisted killed his wife? his daughter, rebecca backed him up and attacked kevin in her interview with the cops. >> he was a little hotheaded, he would come in and throw his weight around. >> like the time, she said kevin tried to go to bill into a fight in the house, sicking the cops on him. >> he would pop up and get in my.'s face, screaming for him to hit him, please hit, i will call the police and you will go to jail right now. >> it was the classic boy

crying wolf scenario, because bill hadn't done anything at it was just bill trying to get kevin in trouble calling 911. >> kevin said he didn't go to bill when he made that call, because will shut him. things got so bad bill and diane even got legal action throw him out. >> i had told him, kevin, don't push me. you are going to see what we can do to get you out of this house. he didn't believe her. i went to my attorney, he drew up the papers and we had him evicted. >> you can do that? you can victim? >> he was 21 at the time. >> but diane left her only child and couldn't cut the cord, she let him come home. the summer of 2010, however, was racing toward a showdown. tensions in the family were high. the kyne house was cramped with four extra people, camping out on houses because of financial troubles. kevin wasn't making anything easier easier, obnoxious about

sharing the household computer. >> he was the computer hog, >> that's all he wanted to do, it wasn't even his computer, but he would change the passwords and take everybody off. >> kevin's mother was furious, she has stopped talking directly to, trying to avoid the persistent argument. >> they are just talking via emails. >> completely. not even 30 feet at times. >> the last straw was kevin cursing at his mother in front of the family. >> called her a-- called her the c word, called her-- >> diane and bill get kevin a deadline to get out for good. september 21st. but five weeks before that deadline day, diane was dead and bill said kevin's temper and by went past pointed to him is the only one who could have done it. expected kevin kyne kill his mother? >> yes. >> the reason he did? >> because he was being kicked out of the house and wanted to

get his own way. >> and the reason you should not be looked at for murder? >> i didn't do it. i'm the one who that pulled her murderer off of her that day. >> but kevin had already told detectives that that was all lies. he hadn't been near his mother, never made it into the bedroom. detectives, however, knew they had found something important inside, and it belonged to kevin. >> his glasses were found at the bottom of the bed, which seems to belie his statement that he didn't get into the room. >> kevin's violent history on those glasses did him in, he was arrested, charged with killing his other and held in jail. but that wasn't the end of the story, not by a long shot. remember, bill kyne had flunked his lie detector test. kevin, meanwhile, had also agreed to be wired up. >> you were asked the criminal questions? >> of course. >> all right one question, did you tell your mother? you passed the polygraph test. >> yes, passed it with flying colors. >> with the polygraph can back, your thought was, we may have the wrong guy in jail here.

>> the prosecutor acted quickly, he handed kevin a get out of jail free card, releasing this accused killer back into the community. >> i felt, as a prosecutor, and my goal here was justice, i thought it would be wrong to have kevin sitting in jail with the status of the case at that moment. that doesn't necessarily mean we have enough evidence to put bill in jail. >> so, the prosecutor convened a grand jury in early 2011, hoping to sort things out. he asked kevin's lawyers about letting kevin testify. allison miller was one of his public defenders. >> we found him credible, we found him compelling. shoot, maybe we put them in front of a grand jury, they believe him and he never gets indicted. >> i wanted the story to be out there, i wanted the truth to be out there. i felt it would help me if i could present myself to these people. >> kevin told history to the grand jury, he stood at the bedroom door, shocked by his mother's ghastly appearance, and then bill jumping in from behind. >> he goes into how he never went to the room. >> but kevin was at a big

disadvantage. >> he, at that point, doesn't know about the blood evidence. >> three specks of blood have been found on diane's like and more on her cover. lab analysis showed it was kevin's blood, but only the prosecutor knew that. >> i said you know your blood was found on your mother's leg, what is your explanation for that? >> i have no explanation. >> in the battle of competing stories, the grand jury broke the tie. kevin kyne's double to testify backfired. he was indicted on the spot for first-degree murder. >> as he is leaving the courthouse from the grand jury he has brought back in and arrested again. >> the case has been unpredictable from the start. it had rival 911 calls. conflicting murder account. and now, in the court room, there would be even more surprises. coming up. would a able to convict kevin? or could it still swing right back to bill? >> oh, no, diane! >> it is just so fake.

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july, 2012, two years after diane kyne was murdered in her own bed. her son, kevin stood murder for her murder. bill kyne, also under suspicion, came to the courthouse every day. still feeling the loss of his wife. >> she was everything i ever dreamed of in a lady. we were going to spend our lives together.

>> in this unusual case of dueling 911 calls and conflicting murder account prosecutor lowery was confident the blood evidence would sink the sun's story and fully support the husband's. >> who was your best witness? >> probably anna cox was. >> anna cox, a bloodstain expert testified that kevin's blood was not only on his mother, but also on her bed cover. >> if he says he wasn't in the room, does your scientific finding denied that promise? >> yes. >> there's no question in your mind, science tells you he was in that room? >> yes, he had to be right next to the comforter. >> so, for the prosecutor it was a home run, confirming bill kyne's story, that he opened the door and saw kevin straddling the bed. and they had to get there was a struggle with his mother, or what bill pull him off of her. >> there is no innocent explanation. >> and his broken glasses have been found in the bedroom, along with birkenstock sandals, one inside the room, one by the door. >> he was adamant they were not

his sandals. never wore them. >> he actually says i have never seen them before. >> what did science find? >>'s dna was on them, so why would he lie about those shoes? the only reason he would lie is because the shoes show he was in the room. >> bill kyne took the stand to tell his horror story about the day and put his personal stamp on those birkenstocks. >> diane and i bought them for him at saint's club, about a year or so prior to this incident. >> bill recalled a time when kevin tried to pick a fight with him, then called 911. testimony the defense fought to keep out, but lost. >> i wanted the jury to know he was like a boy who cried wolf, who wouldn't make 911 calls frequently. >> bill said kevin was hardest on his mother, especially in the summer of 2010, when she gave him the deadline to move out, and he cursed her out in front of the whole family.

>> that's it, she says i can't live with you one second longer. >> how close is that to the day? the awful day? >> probably a week. >> the prosecutor theorized kevin just snapped and killed his mother in a rage after one last argument. >> kevin white, the dna is in the room, it is consistent with bill's story, it is inconsistent with his story. therefore he did it. >> we both believed bill kyne was the person who killed diane kyne. >> the defense argued that bill's story was not true, and that his dna was all over the crime scene. >> the dna on diane's next, the dna on the pillows, dna on the folded pillows, to me that is a slamdunk, that is reasonable doubt. >> the defense offered a fear that kevin's blood had sprinted toward the bed after he was scratched by bill in their fight out the door. the defense argued that was the real killer. >> it is not our guy it has to be him. >> we did say that, i don't

know if it was just not as aggressively as it needed to be said. >> maybe if they had hit bill harder jurors would have found reasonable doubt, but they didn't. after four hours, the jury came back with a verdict, guilty, second-degree murder. kevin kyne was sentenced to life in prison. >> my throat went down to my ankles, it was a horrible feeling. >> there are no winners. kevin was going to be a joke for the rest of his life. i lost the woman i was going to grow old with. >> it was heartbreaking. >> but allison miller still believed in kevin and wouldn't give up murder convictions rarely get overturned, but allison thought an appeal had a solid chance. she had objected to the judge letting in the old 911 call kevin made to get bill in trouble. >> i argued that should not be admissible. >> she said it introduced the jury against kevin and an appeals court agreed. two years after his conviction, kevin was granted a new trial. it was a stunning turnout. allison rushed to phone kevin

in prison. >> so i called and i said, can i speak to kevin kyne, and some helpful person said no, honey, it doesn't work like that, we can just put him on the phone, you have to schedule an appointment good i said, can you just tell him he's getting a new trial? >> i was astounded. i was extremely happy. >> i was hurting for my dad. no one on our side of the family had any doubt as to what happened that day. >> in february, 2015, it was florida versus kevin kyne round two. send courtroom, same judge commencing prosecution strategy. >> there was really nothing that changed, and considering that he was convicted the first time, you know, it wasn't like you would say we should have done it this way or that way. >> not so for the defense. allison miller and cocounsel, jessica manuel were in attack mode from the opening gavel. >> we are going to fight everything that needs to be fought, if we are going done we

are going down swinging this time. >> you know, the judge of the state of the kept telling us, well, this wasn't an issue the first trial, nobody objected to this the first trial. hey, guys, i don't know if you realize, but we are hoping for a different outcome. >> one jaw-dropping difference kind? the defendant himself. a classic before and after weight loss, about 75 pounds worth. >> when i went to prison my main goal is to lose everything and become fit. >> one courtroom observer but you cleaned up quite a bit, in appearance and also his interior, demeanor. >> he looked a lot more presentable, and he also grew up a lot. >> the defense had pulled its punches on bill kyne and try to one, but not this time. >> he is the obvious suspect that >> now it seemed bill was the one on trial. >> bill kyne has light over and over and over again. he has lied to save his own skin, he has lied to protect himself, he has lied to set up by client for murder, and the state expects you to convict kevin based on that.

>> the judge probably said 20 times, you know, there are two sets of prosecutors in this room. >> allison miller played bill's 911 call, using the jury to use its common sense. why didn't he rush in to save diane? >> sure's office? >> my son choked my wife. >> your son choked your wife? >> yeah. >> okay. hold on for me, okay? >> it is so big. i mean, the heavy breathing, and he starts to get emotional, oh, diane. >> oh no, diane! >> it is just so fake. >> this case is about money. >> the defense also hammered hard on motive, bills. >> bill kyne collected $750,000 when diane kyne died. >> $350 million seems a lot more like motivation to me than a computer password or a stay in the house. >> a blockbuster new witness. >> what is your decision? >> i am going to testify, ma'am. coming up on the stand

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>> you never know. >> you never know, exactly. >> i think we all know who you are, but tell us your first and last name for the record, please. >> kevin we kyne. >> this wasn't kevin's first time under oath. he testified before the grand jury, and that is when he got indicted. now here he was again, putting himself and his testimony on the line, a high-stakes gathering. >> we are you and your mom close? >> very close. >> kevin was instructed by his attorneys, allison miller, and jessica manuel, to talk to the jurors. >> we said, if you expect them to believe what you are saying, you had better look them in the eye and tell them the truth. >> did you ever tell your mom and an -- >> i did. >> did you ever call your mom a- - >> kevin, is this true? well, you soften him. >> a calculated result. >> what the street once to hear is that you didn't tell your

mother. >> kevin, did you kill your mom? >> no, ma'am. >> but evidence on diane's's i had always been the toughest challenge. >> the state's theory is that the blood got there once bill and kevin started struggling to >> but from day one, kevin had maintained he never entered the room when he was attacked by bill. now he would give himself and his blood some wiggle room to get closer to his mother. >> when you opened the door to take any steps into the bedroom? >> i might have took one or two steps just opening the door. >> and cross-examination, the prosecutor challenged kevin as a flopper. >> this taking one or two steps- - this is the first time you've said that in four and half years right? >> i-- was only saying that i've opened the door and that is as far as i have went. >> you have always been so you never wanted the bedroom. >> i did not go further than the door, sir. >> i think kevin was probably in a state of shock and i'm not sure he entirely knows how far

he got in that bedroom. >> kevin also shifted his story on the sandals. >> you don't recall wearing those? >> no, i wore them, they were comfortable shoes to just light on around the house, to go outside and smoke a cigarette. >> so they are house shoes or something? >> correct. >> after kevin left the stand, his attorneys can only hope their new strategy, cleanup kevin and dirty up bill had worked. as the jury got the case and began deliberations. >> your honor, the jury administered the verdict. >> it took six hours. >> given to the deputy, please. >> the little time it takes to get that verdict form from the jury box up to the judge to the clerk to read it feels like eternity. >> in the state of florida versus kevin lee kyne in the charge of murder of the second degree, the defendant is found not guilty. >> not guilty. >> that was probably the best feeling i've felt in 10 years. >> you got your life back. >> i did. >> kevin's paternal grandmother, his biggest supporter, cried tears of joy.

across the aisle, bill kyne muttered to himself. >> i was devastated, couldn't believe it, sometimes the bad guy wins. >> you reclaim his life, pull him out of the abyss? >> yeah. >> good job. >> you too. >> any lawyer who tells you they never lost a case hasn't been tried until cases. >> he was sure he had put the right defendant on trial twice. >> doesn't mean he didn't kill his mother, just means a he said it he didn't. >> the jury foreman says the defense's strategy to put kevin on the stand work. >> i just don't believe that the evidence points to kevin. >> not only was their reason reasonable doubt, this tree believed kevin's testimony over bill's, in part because kevin looked directly at him. >> did that make a difference to you, making eye contact, acknowledging your presence? >> yeah. because the eyes tell something. hilton look at us once. >> the next day, the judge released kevin.

>> good luck, mr. kyne, please don't come back. >> i won't. >> good. >> outside, kevin met his grandmother and that the local media. >> i am innocent, there has got to be a guilty party. >> wears justice for your mother and all of this? >> i'm hoping coming, so that way justice is served for my mother. >> the fifth amendment inhibits double jeopardy, so kevin can face charges in this case again, but bill could. >> i would like the prosecutor to ask the sheriff's office to reinvestigate diane kyne's death. >> that is silly, i would love to be the defense attorney on that case. there's no way bill kyne would be convicted, there evidence did not show that, but the evidence shows that kevin did it. >> who is this guy? >> kevin kyne is a name on paper. that man is not a kyne, and he is not my family. >> wears justice for diane in all this? >> kevin did serve some time in prison, and i don't believe that diane would even want him

to serve life in prison for her murder. me to be. >> what do we make of the mind boggling who done it where no one can say for sure who murdered diane leaving a father and son pointing the finger at each other, still professing love for diane and one still defiantly lying about having killed her. >> that's for for this edition of date line. thank you for watching. good morning. welcome to this fosaturday edition of morning joe weekend. it was another busy news week and we have a lot to talk