>> reporter: a dedicated father dead. >> some suspected murder and wondered if his wife was hiding something. >> there was only one other person who had been there. could he reveal the truth? >> i'm trying to remember it as best i can. >> why couldn't he remember? >> he's a lawyer and excop. >> he's an extremely drunk lawyer and excop. >> what really happened on that booze filled evening. >> i'm lester holt and this is "dateline." this is keith morrison with in the dead of night. >> on the 29th of december 2010, rob fischer kissed his wife goodbye, got into his car here in an upscale neighborhood in california and pointed east into the desert. phoenix bound. >> it was a short trip just to

kind of exchange presents. >> narrator: she was once again a lucky man, rob fischer. it didn't seem like it when an injury ended his police career or when cancer claimed the love of lhis life. now his family law practice was thriving and his marriage was as happy as a marriage could be. and across the desert, hiss grandchildren were eager to see their pop pop. >> they throw up their hands and scream papa and come and almost knock you over. >> they were ecstatic to see him, they would run and jump into his a arms. >> he would see his stepdaughter too of course. >> i don't have any biological children, so that was my family. >> narrator: he didn't know the future, of course. heart no little voice telling him, turn around, go home. no. but how life can change, in a moment.

>> 911, what's your emergency. >> he shot himself. i don't get it. he shot himself. >> okay, who shot himself? >> i don't know who he is. >> narrator: so confusing these panicked hours before dawn that night in december, 2010. >> i was in too much of a state of shock to answer any questions. >> i'm trying to remember as best i can, i don't remember what happened. >> narrator: what happened here in the desert night, under a star speckled desert sky. rob fischer's stepdaughter and son-in-law, the family he was headed to visit, had built a good and happy life here in arizona. belinda feel for lee radder when he was tending bar. >> you either loved him or hated him. he was loud and large in some ways and, you know, his ego could fill a room.

but so could his heart. >> narrator: lee radder grew up in buffalo. this is his sister lisa. >> what did you admire about him? >> i think his ability to always see the glass half full. he was not a negative person. he was a self-made entrepreneur. barely graduated high school. started several companies. >> sometimes it worked. sometimes it didn't. >> if one wasn't going the way he liked it, he would try another angle with it. >> he loved motor cross for example, so he launched a magazine about it, "mx rider" and when that and some other ideas didn't go so well -- >> it's always, well, i can always make more money. is kind of the way he lives his life. >> narrator: when the recession hit, it was particularly bad for the radders. >> we didn't do a lot planning wise to save up for a rainy day and there was a lot of rainy days coming in our future.

>> narrator: that's when lee turned for help to his father-in-law rob fischer. >> he went from owning a very successful company to being bankrupt and needing money to rent an apartment. >> belinda went to school and got her nursing degree while lee tried to support the family. >> i'm going to find me a husband who can make a living or something. but i always interpreted it to be joking around. >> narrator: everyone who knew lee was used to the roller coaster. the close friend and sometimes business associate eric lampole. >> i have seen lee rich, rich, rich with a new jaguar to losing the house. >> narrator: something came up in 2010 and it looked good. >> we started the company called senecon where you could use

computers to track gaming trends. >> narrator: and lee began closing some deals to install and apply his software in their casinos. >> we were on the verge of doing that and lee certainly knew it was going to happen in the new year. >> narrator: but until that happy day could materialize, lee devoted himself to family. >> i mean, he loved his family. he would be the one to tell the girls to pick up the phone and call their papa. >> narrator: and now papa bearing presents was coming to visit. >> he was just going to come and spoil the girls and have dinner and go home. >> narrator: they had dinner out then went back to the house. lee poured the nightcap. >> lee was a good host. >> glasses never empty. >> he liked to make sure that you had, you know -- that there was beverages there if you wanted to partake.

>> narrator: wine for belinda and vodka for the men. lots and lots of vodka. >> they started drinking and the girls went to bed. >> and one of them wound up dead? >> one of them wound up dead. >> narrator: then what happened? that's where it gets truly mysterious. >> reporter: how could a night that started out with family exchanging gifts end in gun fire? for belinda, it would be a haunting question. >> i was utterly frozen, yet still moving. >> reporter: but she had another shock coming. >> if apparently he had shot himself, why did you take belinda down to the station? [ male announcer ] recently, a few real shoppers picked up

bertolli meals for one and got a little more of italy than they expected. ♪ like the taste of our single serve ricotta and spinach cannelloni rustico bakes. try bertolli meals for one. ricotta and spinach cannelloni rustico bakes.

♪ there is a place where the sky is always blue. and the kids always eat their vegetables. because the salad there is always served with the original hidden valley ranch. it's the way ranch is supposed to taste. with olive garden's plebest 2 for $25 yet choose two melt-in-your mouth entrees like new parmesan crusted chicken or tortellini topped with velvety alfredo 3 full courses of our best 2 for $25 yet, at olive garden!

>> narrator: it was an early

winter morning, december 30, 2010, dark, cold, silent. and then, a single gunshot. it was rob who discovered his son-in-law lee, clearly dead, r lying on the kitchen floor. >> it is horrific and numbing to see someone you love lying there dead. >> narrator: instinct kicked in, rob, the cop turned attorney called 911 around 5:00 a.m. >> 911, what's your emergency? >> he shot himself, i don't get it. he shot himself. >> narrator: sergeant chris l c lafco of the maricopa sheriff's department arrived at the scene. once inside the house, he got a good look at the victim. lee's hand was grasping a gun, and there was rob fischer, still kneeling beside lee, still

holding the phone he had used to call 911. >> mr. fischer stood up and said i'm a retired police officer. >> narrator: as they stood there, belinda walked out of the bedroom. >> what's going on? what's going on? >> i was complete lly catatonic frozen. >> narrator: it was peculiar, said sergeant lefco, belinda didn't seem to know what had happ happened. >> to me if my spouse was lying on the ground suffering a fatal wound, i would make every effort to at least look at my spouse. she didn't do that. >> narrator: more cops arrive. the sergeant took rob outside t man was clearly plastered, bloodshot eyes, extremely confused. he didn't seem to know who was in there dead.

>> that was his son-in-law. i would think he would be able to identify him, the wound wasn't that disfiguring. >> narrator: what was going on? sergeant lefco passed on all the information to detective mike brooks who took belinda down to the sheriff's office. >> if apparently he had shot himself, why did you take belinda down to the station? >> in any injury, it could be grandma who died in her bed. you're going to talk to the people that were there to find out what happened. >> i'm trying to figure out what happened. >> you and me both. i don't know. >> why would lee have killed himself, asked detective brooks? >> we've had financial trouble. we always seem to make it through. you know, it's like -- i just -- i -- i just don't get it. i don't get it.

we don't own a gun. >> narrator: so to the beginning. the detective wanted details. everything that happened that evening after rob came in from california. >> we went to dinner about 7:00. >> you came back to the house and you talked for a little bit and the girls went to sleep? >> uh-huh. >> whiat time -- about what tim did the girls go to sleep? >> about 10:30. >> around that time, lee got an e-mail. he went to call his business partner while belinda stayed in the kitchen with rob. >> i got up to go to the bathroom and came back and -- there he is. and it's like, you know, it's -- it's really not real. >> about what time did this happen? >> the girls went to bed about 10:30. um -- so it was after that.

i don't -- i don't know. >> narrator: detective brooks was baffled. was belinda saying she shouldn't account for what happened from 10:30 p.m. until the 911 call came in at 5:00 a.m. it didn't make sense. >> okay, were you, um, intoxicated? >> probably, oh, yeah, i'm sure. >> we got our first call on this at 5:00 in the morning. >> okay. i don't -- >> that's pretty significant from 10:30, from the kids going to bed, 10:00, 10:30. >> right. >> to 5:00 in the morning. >> i was dazed and confused and trying to recall things from the evening prior. >> narrator: but the detective wanted to know, was she confused

or hiding something. >> is there something more to this? >> no. do i need to have a lawyer or something? >> narrator: belinda quickly sensed where there was going. >> i didn't kill my husband, i didn't want him dead. i wouldn't do anything like that. >> wouldn't you agree that there's a big difference between 10:30 at night and 5:00 in the morning? >> absolutely. >> but you would know -- >> but i also know that i didn't kill my husband. >> narrator: they questioned belinda like that for hours. then they sent her home. but detective brooks was not satisfied. >> you didn't feel like she was necessarily being straight with you? >> i didn't want to jump to any conclusions at that point. >> narrator: it was two days later, new year's day, when belinda finally broke the news to lee's family in buffalo.

spoke to lee's mom, lee radder. >> in talking to them we found out that it happened thursday morning. >> this was saturday afternoon. >> this was saturday night. i said what took you so long? i could have gone there immediately. oh, well the police confiscated our phones, i didn't know your phone number. >> narrator: the call was brief. belinda was in tears. >> that's the last thing, probably the last words i heard from her. >> i had nothing to say, i didn't know anything. no information that i could give. >> narrator: except that one shocking word, suicide. the word lee's family and friends didn't buy. not for a minute. >> this doesn't make sense, my brother would never do this. i don't believe that he killed himself. there's just no way. >> so something else happened. at that house that night. >> narrator: but what? coming up -- >> 911, what's your emergency? >> a fresh look at that 911 call. something rob said raises

questions for lee's family. >> it doesn't make sense to me. >> when "dateline" continues. st. anything we purchase st. for the paper cottage goes on our ink card. so you can manage your business expenses and access them online instantly with the game changing app from ink. we didn't get into business to spend time managing receipts, that's why we have ink. we like being in business because we like being creative, we like interacting with people. so you have time to focus on the things you love. ink from chase. so you can. creatwith petsmart, wonder and enchantment. the destination for all things aquatic. at the amazing aquatics event, save on all fish & aquariums from brands like marineland®, aqueon, fluval®, api & more! at petsmart®. chose prego homestyle alfredo over ragu classic alfredo. prego alfredo?! [ thinking ] why can't all new things be this great? ha ha! whoa! [ monkey squeals ]

[ sighs ] [ male announcer ] choose taste. choose prego. [ sighs ] my dad had a honda... my mom had a honda.... i was coming from a 2007 honda accord. i traded it in for a ford fusion titanium. i, no joke, probably test-drove fifteen different vehicles. i kind of was indifferent toward ford and then i sat in the fusion for the first time and i was just like "wow!"... this is it. you have the power, but you have the fuel economy... that's what ecoboost does.... i love to tell people "look at what ford has to offer".

>> narrator: the death of lee radder apparently by suicide was a heart break of course. made worse, said lee's wife belinda when the cops got tough with her during that long dismal morning. >> i was freezing cold in a

room, i'm in shock, i'm shaking, i asked for a blanket numerous times, i asked for water numerous times. i asked to go to the bathroom numerous times and wasn't allowed anything like that. >> narrator: but the detective needed answers, and he turned the same focused attention toward rob fischer. >> the father of my grandchildren, the husband of my stepdaughter and a friend to me. >> narrator: rob was still in his pajamas when the detective ushered him into the interview room. he was just beginning to sober up after that night of drinking with his now deceased son-in-law. >> can you tell me what happened? >> lee and belinda and i were talking like we always go. everybody went to bed and i heard a popping sound. came out and saw somebody laying on the ground. >> what condition was he in when

you talked to him? >> he was intox caugicatentoxic. he wasn't fall down, stupid drunk. i was carrying on a conversation with him. >> he said he was in the bedroom. then he said he heard the shot, saw the body and in his confused state. >> i didn't know it was lee. i didn't know who it was. >> did that seem strange to you? didn't recognize that person? >> somewhat. >> narrator: and the gun, the detective wondered, where did that come from? well, said rob, it was his gun. one which as an ex-cop, he always carried. >> how much do you beat yourself up that you allowed yourself to take that gun into their home? >> it was my normal practice. do i wish on that one particular trip i wouldn't have? of course. >> narrator: how did rob's gun get from a holster in the guest room into lee's hand? good question.

rob couldn't seem to answer it. >> mike, i was really drinking and i don't remember a lot. i'm not even sure it was lee. we drank two bottles of vodka. who knows? >> narrator: hard to know what to believe. except remember that first cop on the scene? sergeant lafco? he was stone cold sober of course and what he saw didn't look right, not to him. >> i keyed in on the gun that was in his right hand. argument it just didn't look like, it looked like it was placed there. >> narrator: the detective pushed rob for answers. >> it doesn't look like he committed suicide. and that's why i'm turning to you to help fill in some of the voids. >> wish i could. >> narrator: thing is, wasn't just the gun in lee's hand the officers noticed. it looked to them like somebody moved things around, particularly the body.

>> somebody moved him. what do you feel happened? >> i don't believe i shot him. i would never shoot him. i loved him. we have never fought. we hadn't fought. i'm trying to remember as best i can. you know, i will say i don't remember everything. and it is -- it's -- and that's maddening in and of itself. >> by the end of the interviews with both belinda and with rob. what were you thinking about their stories, taken collectively? were there questions? >> absolutely. i didn't know what it was dealing with. >> right. >> narrator: but for all the immediate suspicion, the police investigate didn't seem to go anywhere. rob went back to his wife and his law practice in california. belinda tried to learn how to be a widow and single mother. but lee's mother and siblings up in buffalo, they felt starved

for information, they wanted answers. so lisa tried to play amateur detective, wondered if there was evidence she could get their hands on. >> i have seen it on tv whatever there's an accident, people call 911, and i was like how did they get that? so i called and asked if i could have a copy of it. >> narrator: what she heard on that recording was very odd. >> 911, what's your emergency? >> he shot himself. i don't get it. he shot himself. >> okay, who shot himself? >> i don't know who he is. he's like my wife's cousin. >> narrator: to lee's mom, the 911 call was shocking. >> it doesn't make sense to me. i mean if you've known a guy for 12 years, you certainly knew who it was that was laying there. >> do you know how old he is? >> he looks -- no, u i don't know his age, but i'm looking at him. >> narrator: and the voice they thought they hear but didn't was belinda's. >> i don't have a frantic wife in the background screaming oh,

my god, my husband's dead. >> why didn't belinda doing cpr on my brother? she's a nurse. >> narrator: so lee's family drew the only conclusion that made sense to them. >> do you have any firm ideas about what happened to your son. >> somebody killed him. >> beyond that? >> there were only two adults in the house besides him. >> narrator: but a case to be made for murder? maybe. maybe not. go by and it seems like the case has stalled. then it takes a major turn. >> i was considering separating. >> there was a level of disbelief. how did that happen?

. colorburst matte and lacquer balms and new high shine lacquer moisture rich finishes coconut and mango find yourevlon.h., for the big game.nd i'm throwing a huge party this year i came to walmart to compare prices so hopefully this year's party will be bigger than ever! 2-liter bottles of refreshing pepsi, mountain dew... for a $1.00 each! now you are keeping score! party size bags of doritos tortilla chips, just $2.98! this would be perfect! yeah! it's not a party without chips and salsa! how about tostitos scoops chips and salsa? definitely.

when you are throwing a big party saving money is critical. wow, that's awesome!! i think this is going to be my best football party ever. as he gets dressed... you know the shirt he'll choose... the wine he'll order. you know him. yet now, after exploring vineyards in the hills of italy, he doesn't order the wine he always orders. he asks to be surprised... and for that moment, he's new to you. princess cruises, come back new. ♪

but her husband lee's family doesn't believe it.

one of lee's two drinking partners is in for a sobering surprise. again, keith morrison. >> narrator: it was a dark winter in buffalo for lee radder's family, a beloved son and brother gone and no answers. >> i want peace for my family. peace and answers. >> and peace will come with answers, i'm assuming? >> right. right. >> narrator: the family traveled out west with a memorial belinda organized. lee's sister ann begged belinda for answers. >> i went up and said, you know, i need answers. you were there. you must be able to just tell me what happened. you'll never know what happened. >> not i don't know what happened myself, but you'll never know what happened? >> you'll never know what happened. >> narrator: and rob was there, but --

>> i don't know that i could do anything that would change how they feel. we all lost someone we loved that day. >> narrator: yes he and belinda seemed to lose each other too. what seemed like a warm and loving relationship just ep v evaporat evaporated. >> my focus had completely changed. after that, he was in survival mode. >> narrator: the whole family came apart, really. >> the littlest one used to call me grandma from new york. she would call me and say hi, grandma from new york. i have no idea why there was no communications. i would call and my phone calls wouldn't be returned. >> narrator: but the questions wouldn't go away. what happened? the family kept calling the detective who only said he was working the case. rob said it was most certainly a suicide. but as a practicing lawyer, he did the prudent thing and hired an attorney.

>> just to let maricopa county know that i was willing to cooperate. >> narrator: in fact his attorney called the police in arizona to check on the investigation. but nobody seemed interested. >> we made those types of inquiries multiple times with them. >> and you heard nothing? >> no. no. >> narrator: but the same was not true for belinda. >> they in no uncertain terms called me a person of interest. they would come harassingly call my phone and tell me they were going to report me to child protective services. if i didn't allow them to interview my children. >> narrator: the sheriff said it wasn't harassment a at all, just a matter of doing their jobs. at any rate, belinda eventually relented and gave them another statement. this time her mind was clear, her timeline jibed with rob fischer's. she recalled going to bed by midnight and being woken up by

rob right before his 911 call around 5:00 in the morning. >> i was trying to recall the best of my memory at that point and i was so dazed and confused and didn't remember in an accurate timeline when they first asked me. >> narrator: so belinda was in bed when whatever happened happened. and she just didn't have the strength to ask rob any probing questions. >> i was too much in a state of shock to ask questions, i couldn't even handle wanting to know anything. >> narrator: it was six months after lee's death, may 2011, when the medical examiner issued an autopsy report. in buffalo, suspicious confirmed. >> it was not ruled a suicide, it was ruled a homicide. >> narrator: but in phoenix? >> that was completely surprising. >> narrator: and in rob's place in california? >> there's a level of disbelief.

you know, how do you -- how did that happen, kind of thing. >> narrator: good question, because nothing more happened as another year ticked past. rob's attorney told them this might be a case they simply with respect going to pursue. >> you're looking forward in life, you're not looking over your shoulder. >> narrator: but rob fischer did not know that the case was not dead at all. that the person of interest that the authorities were most interested in wasn't belinda, it was him. >> it just seemed that the only logical compa logical explanation to everything was murder. >> narrator: >> narrator: the gun looked place in lee radder's hand and the gun where it didn't seem to belong and the guest bed that rob had supposedly been asleep in looked untouched. >> once they went into that scene, it just wasn't making

sense. >> narrator: and then on a spring day a year and a half after lee's death -- >> i was in the driveway and i saw people running up at me with guns pointed at me. they put me down on the ground and handcuffed me. >> narrator: he was extradited to arizona, booked into the county jail, phoned his wife. >> what did you say to each other? >> she was crying. and she asked me what she was supposed to do. and i said, i don't know. >> narrator: rob's friends like fellow attorney chris miller were appalled. >> absolutely the last person in the world. absolutely. i mean if you told me these 20 other people did it, yeah, okay, uh-huh. but not rob. not the rob i know. not our rob. he didn't do it. >> narrator: eventually rob was released on half a million dollars bail but would have to remain in arizona until the trial. he contemplated the case against

him best he could. >> i have never heard a theory, i have never heard a motive, i have never heard anything. >> narrator: he hired a scrappy defense attorney named duane kates. >> i don't think rob fischer should ever have been charged with a crime. >> why not? >> there's absolutely no evidence that he killed lee radder. >> reporter: coming up, even the prosecutor says he has no answer to this question, what was the motive for murder? >> there's no evidence of a disagreement between the two of them? nothing like that? >> no. >> reporter: so what evidence does he have? when "dateline" continues. new framily plan,n yous friends are like family, so who's gonna be in yours? my girls, my lady and my fantasy league. except jerry. [ male announcer ] but the more people you add, the lower the rate. fine. jerry. [ male announcer ] add up to 10 people and everyone gets unlimited talk, text and one gig of data for as low as $25 a month each. we can get one more. add my boyfriend.

whoa! whoa! whoa! his bill is separate right? [ male announcer ] all the bills are separate. great. the framily plan from sprint. with a new price, a new plan, and our all new network, there's never been a better time to switch. with eleven plump tomatoes in every jar, our sauce is now richer, thicker, and more delectable than ever. and bursting with so much taste, it brings families together. ragu. make dinner taste better. afghanistan, in 2009. orbiting the moon in 1971. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection. and because usaa's commitment to serve current and former military members and their families is without equal. begin your legacy. get an auto insurance quote. usaa. we know what it means to serve. lactaid® is 100% real milk? right. real milk. but it won't cause me discomfort.

exactly, because it's milk without the lactose. and it tastes? it's real milk! come on, would i lie about this? [ female announcer ] lactaid. 100% real milk. no discomfort. come on, would i lie about this? every breed, every need. every age, every stage. at petsmart, we care about your pet's happiness as much as you do. that's why we carry a wide assortment of premium foods, with formulas to meet his specific needs -all with our unbeatable price guarantee. nourish a lifetime of health and happiness at petsmart®.

>> so if i'm a betting man, where should i put my money? >> i'm optimistic that i will be acquitted or this case will be dismissed. i believe that and i would put your money on me. >> narrator: lee radder's family was counting on the jury too, for quite the opposite result. >> will we ever find out what happened truthfully? i don't know. do i want somebody to pay for his death? yes. >> this case is about a cover. >> narrator: prosecutor jay radmaker began by telling the jury that lee radder did not commit suicide. >> lee loved his family, especially his girls. lee would have never done something like this inside of his home. >> this is his childhood best friend that told the jury lee never got depressed over money issues. >> one of his favorite things that i have tried to be motivated by is just how you can

always make more money. >> besides, said the prosecutor, in december 2010, lee believed he was about to hit paydirt. lee's business partner told the jury about the conversation they had just hours before lee's death. >> and we were ready to go. i mean we were charged up. >> how was lee acting at the end of your phone call with him? >> he was happy that he had family over, he was going to go have a couple of cocktails and he would call me tomorrow. >> narrator: the state called belinda, lee's wife, now in the clear, no longer a suspect. but a reluctant witness not convinced that her stepdad was a murder. >> he said that he committed suicide. so that's what i felt my truth to be. yet she told the jury, that night lee seemed like the same old lee. >> how did he appear? >> just like a regular night. >> nothing was different? >> not that i recall. >> narrator: so lee had no

reason to commit suicide, said the prosecutor. no, the only possible explanation was that lee was murdered. his theory? as lee radder and rob fischer sat at the kitchen table drinking vodka into the we hours of that morning, nothing must have happened. nothing that so aroused rob, that he came back, got his gun, shot lee through the right eye and then panicked and went about staging the scene. >> the science doesn't lie. people do. >> narrator: in fact the arriving officer told the jury about those red flags he saw,s a soon as he spotted the gun in lee's hand. >> to me it appeared that it was placed in his hand. >> how is gravity not taking its course, either allowing his body to fall forward. if he shot himself how did the gun remaining in his hand. >> but it doesn't really work

with rob putting the gun in his hand. this is an ex-cop we're talking about. >> narrator: he thought it suspicious that he washed his hands when he was told not to. >> i sa >>. >> narrator: rob's confusion about who was actually dead, sure theater said the prosecutor. >> rob knew that that was lee on the ground, but he's trying to cover up a murder. >> narrator: evidence of a cover-up? in his first interview, rob said he had been sleeping in the guest bedroom when the shot was fired. but as the prosecutor told the jury, rob was in fact sitting right at the kitchen table with lee. how could he know that? well, for one thing the guest bed didn't look slept in. and also, there were two glasses in the kitchen which still contained unmelted ice, suggesting of course that both

men were awake and drinking around 5:00 a.m. >> did you find it odd that there was ice in the glasses at 5:15 in the morning? >> yes. >> narrator: and then the key piece of the prosecution's case, the blood spatter expert. >> mr. fischer moved mr. radder's body and manipulated the area to make it look like mr. radder had sustained the shot and fell backwards. >> the expert demonstrated for the jury how after lee was shot, his body would have slumped forward in the chair, not backward, the way he was found. so rob must have moved lee's body on to the ground. which, accounts, said the experts for the blood droppings on the floor. >> i think he just dragged him on to the ground. >> narrator: so the forensics said murder. but why would he do it? what possible motivation did he have? no idea, said the prosecutor.

>> there's no evidence of a disagreement between the two of them, nothing like that? >> no. >> narrator: but that wasn't the issue, he said. hard evidence was -- >> when you start putting all the pieces together, you only get one explanation and that's murder. >> narrator: and that wasn't quite true. there was a second explanation. the jury was about to hear it. >> reporter: coming un, the defense presents it's own scientific evidence, arguing there's no way rob fisher could have been lee's killer. >> his fingerprints weren't on the gun, his dna wasn't on the gun and lee's was. >> what does that say to you. >> lee was the last one to handle the gun. >> narrato . >> reporter: coming up next friday on "dateline," hid family was now dead and he was accused or murdering them. >> they probably all suspected that i did it. >> reporter: his story, he came

home to a horror show. their story, he was hiding secrets. >> he felt like history was repeating itself. >> reporter: something else would be repeated too, there would be not one, not two, but three trials. >> i was screaming, you're wrong, you're wrong. >> reporter: were police wrong? >> every time i would hear a key jingle outside my door, i would think that's him. >> you have lied to the police about this case? >> yes, sir. >> reporter: a special two-hour "dateline" at 9:00, 8:00 central. # thought to be the result of over-active nerves that cause chronic, widespread pain. lyrica is believed to calm these nerves. i learned lyrica can provide significant relief from fibromyalgia pain. so now, i can do more of the things i enjoy. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these,

new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, changes in eyesight including blurry vision, muscle pain with fever, or tired feeling. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. with less pain, i'm feeling better with lyrica. ask your doctor if lyrica is right for your fibromyalgia pain. [ mawith our today's what's fresh fish menu,eating right at red lobster? you can always catch fish fresh every day! wood-fire grilled, blackened, or roasted. eating better never tasted so good! sea quality, sea variety, sea food differently at red lobster. here we honor the proud thaccomplishmentsss. of our students and alumni. people like, maria salazar, an executive director at american red cross. or garlin smith, video account director at yahoo.

and for every garlin, thousands more are hired by hundreds of top companies. each expanding the influence of our proud university of phoenix network. that's right, university of phoenix. enroll now. we've got a frame waiting for you. bertolli meals for one and got a little more of italy than they expected. ♪ like the taste of our single serve ricotta and spinach cannelloni rustico bakes. try bertolli meals for one. choose for their employees' dental insurance? peppermint patty oc: mmmm... peppermint. vo: where can the innovators at chevrolet get discounts on their car insurance? lucy oc: nice ride! vo: and how do those at crayola who brighten our lives. insure their employees' lives? charlie brown oc: they choose metlife! vo: get your insurance where over 40 million employees get theirs . take the first step at youtube-dot-com slash metlife.

children can learn from anyone. that's true, but it takes exceptional talent to capture a student's curiosity. and inspire them to pursue their dreams. so be a teacher. our nation's future depends upon it... the more you know.

. >> narrator: rob fischer's attorney has stood up for a long parade of clients over the years, many of them guilty as sin. but this case? this was guilty, said mr. kates. >> innocent people are the hardest to represent. i don't sleep at night representing innocent people because losing is not an option. >> narrator: here's how he put the question to the jury. >> ladies and gentlemen, this

case ask all about who's finger was on the gun the night that lee radder died. you know, rob didn't have any motive to shoot lee and olllee certainly had some reason to commit suicide. >> narrator: wait, he did have some reason to commit suicide? yes, said rob's attorney, this time lee's life was spinning out of control. >> there's no money coming in. and lee doesn't know what he's going to do. >> narrator: lee's friends had no idea how bad it was, said kates. 15,000 to the irs, another 25,000 still owed to a former employer. >> no doubt that we, you know, had some financial troubles ahead of us. >> narrator: belinda was a state witness, but she told the jury that lee, with his $100,000 life insurance policy would joke aloud he was worth more to her dead than alive. >> he would say that numerous

times over his life. >> narrator: then that night, december 30th. do you remember lee got an e-mail just after dinner, excused himself from the table to call his business partner? that partner admitted that when lee called him after getting that e-mail, he was not happy. >> how was he acting? >> he was kind of upset. >> narrator: good reason. this man is from the company igt, with which lee was hoping to make that multimillion dollar deal. and he testified, there never was a deal. >> you told him no? >> yes, i need someone who has distribution centers worldwide. it doesn't help igt at all to enter into that business, so he was told no, that was not going to happen. >> narrator: what's more, he said, any future deals would be small, in the tens of thousands, not in the millions. >> there wasn't murder, ladies

and gentlemen, this was a trage tragedy. lee radder's worth more dead than alive. and he knew it. for some reason he couldn't bring himself to tell his friend and his partner that this business deal wasn't coming. >> narrator: no, their theory was that was suicide, not murder. during that night at the kitchen table, rob passed out and lee kept right on drinking. and drunk and discouraged, he went and found rob's gun, he pulled the trigger and when rob awoke to the sound of a gun shot, he was totally confused. he assumed he must have been in bed, when in reality, he was probably at the kitchen table with lee, or close by. >> imagine you're still drunk, there's somebody laying on the floor with a puddle of blood with a gun in their hand, you're in your pajamas, you're in the

hall facing away from the bedroom. wouldn't your first thought be geez, i must have been been in dead. >> in my opinion, to a reasonable degree of medical certainty, he was in a blackout, he was confused, he was not oriented to time. he made some what might be unusual or confusing requests to the police officers. >> narrator: at the time of the 911 call, rob's blood was three times over the legal limit, which certainly explained not recognizing lee, said the expert. as for the big deal the state made about rob washing his hands when the officer told him not to. >> have you ever told a drunk friend to do something? it's kind of like herding cats. >> i know, but he's a lawyer and an ex-cop. >> right, he's an extremely drunk lawyer and ex-cop. >> narrator: but what about that blood ed. the state's expert told the jury t law of gravity dictated the gung should have dropped out of

lee's hand as soon as he fired a bullet into his head. but the defense's medical expert produced statistics saying that the gun actually stays in the hand of someone who -- >> the state's blood spatter expert was certain the body had been moved, the state called their own blood spatter expert who told the -- >> finally said defense attorney kates, the case came down to one crucial question, whose finger was on the trigger. kates put the question to the state's crime analyst. >> you at least said you couldn't exclude mr. radder, correct? >> that's correct. >> and that's because there were portions of this print that matched portions of mr. radder's prints? >> there was, yes. >> narrator: and the one person whose prints did not match was rob fischer. conclusion --

>> his fingerprints weren't on the gun, his dna wasn't on the gun. and lee's was, they didn't find any fingerprints that matched rob fischer anywhere on the gund. >> what does that say to you? >> lee was the last one to handle the gun. >> narrator: after several weeks of testimony, the case went to the jury. both sides expected a quick verdict. so it was something of a surprise when the jury stayed out for a whole day and then two, and then three. >> i want the world to know that my brother did not commit suicide and that it was a travesty for someone to say that he did. >> have you reached a verdict? >> we have, ma'am. >> we find the defendant as to count one, second-degree murder, guilty. >> and just like that, rob fischer was facing ten to 25 years in prison. his lawyer has filed a motion for a new trial. >> i was in shock. i was shocked. i really was.

i truly believe my client to be innocent. >> lee radder's family sat in the courtroom quietly sobbing. >> i don't want to think about him, i want to think about my son and justice for my son. i would do anything to bring him back. >> narrator: and belinda? belinda's heart breaks, she says, for her stepdad rob. >> it's a double tragedy. all the way around. >> narrator: but mostly, it's lee she thinks about. ollie a lee and the children growing up now without him. >> the hardest part is knowing that they won't have anybody to walk them down the aisle, he won't be there to see that. i feel pain for myself, but my biggest source of pain is for them. >> narrator: and as for what happened in the early hours of december 30th, 2010, maybe someone knows. and maybe not.

>> reporter: that's all for this edition of "dateline." i'm lester holt, for all of us . [siren wails] [tires screeching] - [exhales]