there's more savings to love... at safeway. ingredients for life. incredibly beautiful girl. what she had was charisma. she said, i love you. in my heart i do. those were her last words. >> two sisters with a single purpose. solve the mystery of their mother's death. >> we can't let this go. it's heart breaking. >> she left for hawaii, a new life with a new husband, but the sunny paradise soon grew dark. >> something is very wrong. >> it was horrible. you feel helpless. >> what was behind their mom's strange death? they set out together to discover the answer, and they were about to get some help from

their mother, herself. >> there was evidence she left for you to find. >> yes. >> a possible clue hidden in an envelope marked baby pictures. but tucked inside, a journal that painted a different picture entirely. >> i pulled that envelope and that was like, wow. >> could their mom help them solve her own mystery? >> we can't quit. we are her voice. >> we made a promise. we made a promise to our mom. >> i'm lester holt, and this is "dateline." tonight, keith morrison with "the promise." >> here they were again, two sisters on a holiday in paradise, or so the other vacationers must have assumed here in america's mid pacific garden in the lush resort new honolulu. but they would be wrong. this journey has more to do with

a personal hell than any paradise. that and a long ago promise to their mother. >> could you have believed that you would be sitting here in this hotel room talking about this subject in the year 2014? >> no. it's pretty crazy. i could never have seen this coming. >> perhaps it is pretty crazy but there is apparently no stopping them. these tenacious sisters. >> there is no half way where it comes to a promise. it's either all or nothing. >> bizarre story? oh, yes. it is. at the center of it is a woman dead 14 years now. her name was shirleen van gundy. a beauty queen once back in colorado. a girl who loved to dance and wear high heels. she was popular and unpredictable and kind of

exciting. long before she became the every various ent mother of tammy and tiffany. >> our mother was an incredibly beautiful soul. she taught both my sister and i that there was nothing we couldn't do. >> hi. i love you! >> my earliest memories of her are her singing to me. she loved to sing. and she played with me. she was a big kid. >> what was that like for you? >> like i was the only child in the world. i was her full focus and attention. my mother was a free spirit in many ways and didn't have a lot of rules. i didn't have to do things like normal kids had to do like brush my teeth all the time. but i liked it that way. >> so it was often tammy and not her mother who took on the responsible role with little sister tiffany which was the

other side of shirleen's manic exuberance. >> she was unstable. and she had a hard time taking care of herself much less anyone else. >> unstable. how --? >> she would have the highs of highs and the lows of lows. >> moods. very dark ones sometimes said the girls. >> she didn't want to reel aide mitt that there was an issue. it was a hot button. >> yes. >> it wasn't something that you wanted to bring up unless you were ready to fight. >> when shirleen met the girls' father tammy refused to go with her. >> i said i'm not going. i can't go. i can't leave my dad. >> what did that feel like? >> like my heart was being ripped in two. >> the girls lived apart for years after that until their father won custody ofty any, too. and then the girls watched and loved and worried about their mother, mostly from afar.

and then late '80s shirleen finally found real happiness when she met and married a man named ken. >> she said i've never been with a man who really got me. he gets me. she never in her whole life felt so thoroughly and utterly embraced by someone who loved her just the way she was. >> just because shirleen dreamed of living in hawaii ken got a job here and moved to this condominium complex by a golf course on the pacific. >> he was a very likeable guy. >> sure. >> very much a gentleman. always opened the door for you. >> the sisters grew up, made lives of their own, tiffany and her boyfriend, now husband, moved to arizona. tammy settled in northern california with a husband and two small children. for a whole decade, shirleen seemed so happy with ken. when did it change? >> it seemed to start to change in 1998. >> shirleen told the girls that she and ken were fighting. mid 1999 she called them very upset and when they went to

hawaii to see what was wrong, she said the strangest thing. asked them to promise her something. >> she said, promise me, if anything ever happens to me, you'll investigate. and we said, mom, what are you talking about, if anything happens to you? just promise me, she said. >> shirleen left ken soon after that. moved to the mainland. the girls thought the break was permanent, were relieved, actually. but seven months later -- >> she said, back in hawaii and i'm back with ken and everything's fine. i don't want you to worry. >> but worry they did. >> she would call me and we would talk about things and then she would call me again an hour later and she wouldn't remember anything we talked about. >> it got so that tammy sometimes didn't pick up when her mother called. of course she had no idea what was about to happen, least of all on april 9th, 2000.

>> my mom had started calling my house and i was letting it go to the voice mail. all the messages were pretty much the same, that she loved me. she had found god. everything was fine. >> tammy waited until morning to call back. it was april 5th. >> ken answered the phone and he said i don't know what's wrong with your mother. here. you talk to her. i said hi mom. it's tammy. i said, are you okay? and she said, i love you. her words were very drawn out and slurred like i'd never heard before. >> what was that like, that conversation for you at your end? >> oh, i was in a panic. >> in a panic tammy called tiffany to tell her and still frantic tammy then called the honolulu police department. it was 6:00 a.m. there. she got an ambulance dispatched to the condo. >> my sister is the hero. she is saving my mother's life right now. and it's the ambulance. like they're going to, they're the professionals.

>> sure. they'll fix it. >> they're going to fix it. >> but the paramedics didn't notice much to fix. their report states, patient was conscious but under emotional distress. she appeared calm but would not acknowledge our presence. her spouse informed us she may have taken some aleve aspirin with two beers. the report continues. there were no empty containers of beer, no odor of alcohol on the patient. we were also informed by spouse that patient had said she was dying. very unusual indeed. but the emts did not take her to the hospital. left her at home with ken instead. >> how is it possible? how is it possible? it was horrible. it was horrible being so helpless. >> tiffany was so far away, on the mainland in a panic trying to reach her mother, calling repeatedly. ken finally answered the phone. >> here. i'll put you on with her. you can talk to her.

she said, i love you. and it was so hard for her to say it because the mere effort of moving her lips took so much. >> eight long hours passed. and then at 2:00 p.m., ken called 911. they rushed her to the emergency room, did what they could. nothing worked. ken called tammy from the hospital. tammy broke the news to tiffany. >> it went from, you know, just being in this place of such utter desperation and helplessness and despair and uncertainty, like, and knowing in my heart that she was gone. >> though still barely hanging on, on life support, and that's when it began, with that first rush to their respective airports for flights to honolulu. no idea how long that journey would be, how hard that promise to keep. what had happened to their mom?

when we come back, the sisters start their own investigation. >> most people would just leave it to a police department to do the investigating. not you two. >> no. >> and they find a possible clue from their mother, herself. >> she said, if anything ever is to happen to me, i want you to ask for your baby pictures. remember that. okay? just remember that. ♪ ♪ ♪ gigantic, gigantic, gigantic ♪ a big, big love ♪ gigantic, gigantic, gigantic

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six anxiety filled hours. on the long plane ride to hawaii, all sisters tammy and tiffany knew was that their mom was on life support. they weren't sure why or even exactly what happened to her. but during those six hours, they had plenty of time to reflect on what she said to them nine months earlier. >> promise me you'll investigate if anything happens to me you'll find out what happened. >> they'd promised, of course. so even before they got on the plane for hawaii, they called the police to report that they already had their suspicions, and those suspicions, even then, were all about shirleen's husband, ken. >> i heard from tiffany before i even went to st. francis west. i was assigned the case by my lieutenant, and he said, before you go, call this girl.

>> tiffany told the detective about her brief conversation with the hospital. >> i asked the emergency room attendant, i'll never forget this, i said, where's ken? and he said, he went home to feed the dogs. i said, so she's there by herself? well, who does that? >> by the time the detective got to the hospital, he had been told what tammy and tiffany suspected, that shirleen had taken or been given an overdose of pills. he also heard from medical personnel. they thought ken's behavior seemed strange, though no one, including the ambulance driver, could quite say why. >> he also related that the husband was acting suspicious. >> did he say how? >> he said, just the way he spoke and the way he acted. >> suspicious. >> yes. >> when the detective heard that ken left the hospital while his

wife was lying in a coma in the icu, he wondered, was ken going home to cover up a crime scene? and when he checked to see if ken had a record of any kind, he discovered, yes, he did. >> i did pull police reports of ken. ken had been arrested for abuse. >> it gave the detective pause, made him consider what he had already heard from tiffany. >> that her mom had said she would never commit suicide and that she was afraid that ken was trying to kill her prior to this incident. >> now, in hawaii, at the mother's bed in the icu, tammy and tiffany vowed to find out exactly what happened to their mother. you know, most people would just leave it to a police department to do the investigating. not you two. >> no. >> first target, ken and shirleen's condo. must be evidence there, they decided. so they made up a story for ken, told him they needed a rest after their long flight.

could they borrow a bed in the condo? and, sure enough, he gave them the keys while he stayed at shirleen's bed side in the hospital. when he was there, what did you guys do? >> we went to the house. >> to do what? >> to see what we could find. >> just kind of looking in cupboards and under beds and closets? for what kind of stuff? >> for things that we thought that might help us figure out what happened that day. >> because shirleen sounded so out of it on the phone, and ken mentioned pills to the emts, tammy wondered if her mother took pills. in fact, the hospital was treating it as an overdose. but the sisters did not believe she would do it deliberately. so they went looking for those pill bottles. >> we had looked through the house and couldn't find them, and so we were out in the back yard just looking, and sure enough. >> in the back yard? >> underneath a bush. >> as if they'd been hidden there, or what? >> yes.

>> in their minds, only one person could have hidden them -- ken. later, as tiffany and tammy were about to drive away from the condo, having thrown in the back seat a sealed envelope ken had left out for them, suddenly tiffany remembered something else her mother told her. >> she says, tiff, i have to tell you something and it's important. she said, if anything ever is to happen to me, i want you to ask ken for your baby pictures. remember that. okay? just remember that. and sure enough, that appeared to be what ken had just given them. they tore open the envelope, and inside, most definitely not baby pictures. coming up -- there it was. evidence she left for you to find. >> yes. >> what could be a revealing clue from their mom, and a revealing chat with ken. what did he say in that telephone conversation? when "dateline" continues. it fo?

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sisters tiffany and tammy an envelope prepared by their mother for them and clearly marked "baby pictures."

instead, they found notes written by ken apparently an assignment for an anger management class. >> it was actually a journal about all the different ways that he had abused her. >> i have spit at shirleen. i have yelled at shirleen. i have pushed shirleen. there it was in his own hand. evidence she left for you to find. >> yes. >> and suddenly, the sisters truly believed their mom was sending secret clues that almost screamed, open in case of death. intending to solve the mystery, they found a willing ally in the detective. one plan they came up together, secretly recording a phone call with ken. tammy made the call from the police department. the strategy was for tammy to act friendly, supportive. >> hello. >> ken? >> yes. >> hi, tammy. >> ken told tammy he was deeply concerned for shirleen. >> i love her. it's not the same without her here.

i miss her very much. >> but ken also said he was suspicious of tammy and her sister. >> the feeling i'm getting is i feel like, you know, you're going to gang up on me and it sounds like air going you're go maybe sue me for manslaughter or something or murder. >> still he spoke with tammy at length about the day. he said shirleen told him she took pills and seemed suicidal. >> she said she wanted to die? >> yeah. she did say something like, it's not working. it's not working. >> it's not working? >> yeah. like for her to die. she said, it's not working. >> and then after a pause, he volunteered something that shocked them all. >> i guess i don't want to say it. but she did say, choke me so i could die. >> she said that? >> yeah. she said, please choke me. >> oh, ken. didn't you think at that point that you should call the ambulance? >> no, because i thought she was just being delusional. i was really scared. >> but then he returned to the

point he made before. >> i haven't choked her. you know, there's no choking marks around her neck. >> right. >> you can have the doctors check that out. >> what a strange thing for him to say. >> he said a lot of strange things. >> now the girls believed they had to move very fast while shirleen was on life support. as long as she was alive they decided they had the legal right to rummage through a garage and a house in california shirleen had kept looking for evidence to use against ken. so they flew to the mainland. and that's where they were when ken gave consent to take shirleen off life support. and she died. >> i remember thinking, i'm just balancing my head off again. i was mortified. i was devastated again that i wasn't there. >> at shirleen's funeral, according to the detective, ken's eulogy sounded like a well prepared criminal defense.

>> she initiated sex the night before. that she was happy that they were together. and then he started, he went on to the next day and how he tried to prevent her from dying. >> shirleen's daughters were horrified. now they were fully determined to keep their promise to their mother. they need to ensure that ken was charged with her murder. next to look at the case? the prosecutor, who found ken's remarks about strangulation very disturbing. and here's why. >> this was viewed as an overdose. that's how this case went to the hospital. that's what tiffany and tammy were thinking. that's what the police department was thinking. >> and yet as he began to dig deeper, he found that ken talked about strangulation more than once. >> he brought it up with the medical examiner's investigator and was basically telling them, this is not a strangulation

case. >> in fact, said the prosecutor, ken tried to persuade the examiner not to do an autopsy. but, of course, there was one. the result took months, but, sure enough, cause of death, said the medical examiner, brain damage due to ligature strangulation. when an arrest warrant was issued, the detective served it personally. >> police arrested 45-year-old kenneth wakesaka tonight. prosecutors say he strangled his 52-year-old wife last april. tonight police charged him with murder in the second degree. >> how did he react? >> he said, nick, you know i didn't kill my wife. i didn't kill my wife. >> in 2002, two years after their mother's death, tammy and tiffany came back to hawaii, this time to the courthouse, where ken went on trial for murder. >> he took the life of another human being and that human being was our mother. >> this was a murder by strangulation. it was domestic violence at its ultimate.

>> in his opening statement the prosecutor quoted from ken's own statements to accuse him of murder. >> can you tell if a person has been strangled during autopsy? these are the words of the defendant to an investigator from the medical examiner's office. >> in court, the medical examiner repeated her opinion that shirleen was strangled, said she found ligature marks on her neck. and, in court, the prosecutor played a tape of that recorded phone call with tammy in which, sure enough, ken brought up the idea himself. >> i guess i don't want to say it, but she did say, choke me, so i could die. >> i really believe this was ken's sub conscious talking out. no one, not a soul was thinking this was a strangulation case. >> until he opened his mouth. >> until he brings this up. >> that made everybody suspicious. >> every witness who testified

as to having some contact with ken spoke about his unusual behavior. his focus was not on his wife. it was on other things. >> but there is always a but. ken's defense attorney accused the police and prosecutors of jumping to the wrong conclusions, rushing to judgment against ken. that ligature mark must have been made by the tube that lay on her neck while she was on life support. this wasn't a strangulation, he argued. it wasn't a murder at all, as ken had said all along. shirleen took an overdose. >> mrs. watkesaka because of her various mental disorders or defects committed suicide. >> the trial lasted two weeks. the jury heard detectives, doctors, shirleen's daughters, of course, ken, himself chose not to take the stand. how did it seem to be going?

>> it seemed to be going well. >> as it appeared their promise would be kept, but life, as everybody knows, is full of surprises. coming up -- the verdict would be swift, but the real stunner was what came after. nobody stood up and said, i object. >> it's amazing. it haunts me. i'll tell you right now. it haunts me.

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i'm the boss. ♪ honestly ♪ i wanna see you be brave two tenacious daughters made a promise to their mother and were hoping to keep it. but now it was up to 12 other people, the jury. were you in the court when the

verdict was read? >> yes. >> tell me about that. >> what a huge relief, to hear those words. we the jury find ken watkesaka guilty of murder in the second degree. it was amazing. >> ken was, well, surprised would be an under statement. but these two? >> i was a really happy girl. you know, i'm like, the system worked. you know? it worked. >> ken, who still maintained his innocence, was sentenced to life in prison, and that would be it, end of story. except coincidence is such a strange and powerful thing, isn't it? it's a curious story the way you encountered this case, huh? >> yes. i was visiting another client who had been charged with murder. >> defense attorney john edmunds doesn't normally find new cases in prison, but something seemed

very credible about this particular client referral. >> he turned to me and he said, you know, my cell mate who is out in the rec yard right now doesn't belong here. there's something really odd about his case. would you look at it and see what you think? >> so edmunds agreed to at least have a look at the record, a thick file of transcripts hundreds of pages, and late one night he was sitting up in bed beside his wife reading every word said at ken's trial, and suddenly, there it was. eureka. >> i get to the final argument, and the prosecutor makes a direct comment on mr. watkesaka's failure to take the witness stand. >> this is what edmunds read in the prosecutor's final argument, his own words. who was alone with her? he was alone with her. he was there. he would know. if he doesn't tell us, we can only look to shirleen and see what her body tells us. >> the system has a privilege against self-incrimination and

it's a constitutional right that can be rendered meaningless if the prosecution gets to comment on it. >> nobody stood up and said i object. >> the trial lawyer said nothing. the judge said nothing. >> those five words, if he doesn't tell us, would be the basis for edmunds' appeal. >> the most serious offense is commenting on the failure to take the witness stand but we're supposed to be professionals and not make those kinds of mistakes. >> did you write your closing argument? >> i write an outline. i commit it to memory. >> so how did that line come out? the prosecutor said it was a mere slip of the tongue. >> what i was trying to do with that statement was actually transition from, if he doesn't know, then we need to look at her body. we need to look at the rest of the evidence to tell us the story. >> none of this seemed like such a big deal to shirlene's daughters. >> i hear about appeals all the time.

i understand that. i wasn't paying attention anymore because it was done. >> oh, but it wasn't done. in 2003, a year after the trial, and three years since shirlene's death the hawaii supreme court handed down its decision. >> i got the call from dan, the prosecutor, and he said, the verdict has been overturned. >> overturned. the guilty verdict the daughters so desperately wanted pulled out from under them just like that. >> it wasn't the evidence, the case. it was on the fifth amendment. prosecutorial misconduct. it's my fault. >> he took responsibility for it. >> instantly. instantly, the pain that he felt because he worked so hard. >> it haunts me. i'll tell you right now it haunts me that i did this. i have apologized i don't know how many times to the girls because of my error. >> still, said the sisters, the ruling didn't mean ken was innocent. far from it. >> even though the verdict was

overturned, it was overturned on technicalities and not on any evidentiary issues. >> and they found a small, silver lining. the supreme court said ken could be retried. >> and so that left the door open for us to bring it back to trial. and we just needed to try again. >> and so they took it upon themselves to pick up right where they left off. after all, a promise is a promise. >> i just remember thinking, okay. so we need to keep pushing. >> we can't quit because there is no other option. >> ken got out on bail but was still under indictment for murder. they all waited for the new trial. and then once again john edmunds put on his reading glasses. >> and what i found again stunned me. >> coming up -- >> i went over to talk. >> a possible new witness with a very different story to tell.

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. ken wakisake convicted of killing his wife shirlene was out on bail, guilty verdict overturned thanks to an error

discovered by ken's new defense attorney, john edmunds. but edmunds wasn't finished digging. and pretty soon he found another error, a big one, that occurred even before the trial. >> there was a witness that the grand jury had asked to be called whom the prosecution didn't call. >> the thing is it's an iron clad rule. if a grand jury asks to hear from a witness, the prosecution must comply, didn't in this case. it wasn't a minor witness either, said edmunds, but someone in a position to know a great deal about what really happened to shirlene. >> the couple had an upstairs room they rented out to a guy and he had been there and seen a lot of what went on that morning. >> though the grand jury didn't hear from the roommate, the detective did. he asked him, what did shirlene say to ken on the day she died? the defense provided us with an excerpt of the detective's interview with the witness. she was asking ken to come here,

you know, be by my side. she did say she wanted to die in peace. the testimony that seemed very much in ken's favor, testimony that the grand jury that indicted him never heard. defense attorney edmunds again went to court and, again, he won. tell me from a practical point of view, what did those victories mean for ken? >> well, from a practical point of view it meant that indictment got dismissed. >> dismissed as if he'd never been charged in the first place. ken was no longer free on bail. he was simply free. >> and now we're back to a point as though the case never was brought in the first place. and that's frustrating. >> how do you get your head around it? how do you process all of it? how do you move forward every day? >> how would they make the case against ken and persuade the state to start from scratch? ken's story had never changed that shirlene killed herself

accidently or on purpose, with an overdose of pills. of course, the state still had evidence like that pill bottle the sisters said they found stashed in the back yard of the condo as if ken fed the pills to shirlene and then tried to hide the bottle from the police. but defense attorney edmunds could show ken didn't try to hide anything. that, in fact, he took paramedics to the medicine cabinet himself. >> they counted down tablets and all of the pills to see how many were left and tried to figure out how many she had taken, which is what she said she had done. >> and there was the potential new defense witness who knew shirlene well, didn't like her at all, in fact, and she has her own strange theory about what happened to shirlene. you get to know the people who are living in your building. >> yes. >> she managed the condominium complex where shirlene and ken lived. unlike the daughters, marjorie considered shirlene the dominant, even abusive force in the marriage. >> she used to tell me that ken

was the complete opposite of her, that he was very quiet and he would never argue with her or get into a fight with her. he'd leave the building. he'd just go for a walk. >> how did she feel about that? >> she didn't like it. >> marjorie was on the scene april 5th, 2000, after tammy called 911, urging emts to check on her mother. >> i went over to talk to the emt. and he said, well, she's awake and she's coherent enough to tell us that she's not coming with us. and i said, oh, okay. >> remember, in the official emt report, it was ken who said shirlene didn't need to go to the hospital. but marjorie insisted an emt told her it was shirlene who refused to go. so your memory of that's pretty clear? >> i'm positive. >> when you heard that ken was accused of strangling her -- >> i was absolutely shocked. i couldn't believe it. i still don't believe it. >> but what does she believe

about how shirlene died? well, just speculation, of course, based on an incident that began, she said, when shirlene was making a fuss in the condo office. >> and she was being very pushy and i went to shut the door just to get her to go home because i wasn't even open yet. the door hit her arm, and she spilled her cup of coffee. >> the next thing marjorie knew a police officer was threatening to arrest her. >> i said, for what? and he said, for abuse. i said, excuse me? and i looked at shirlene, and from her thigh, mid thigh all the way down to her feet was burned. severely burned. more burned than you get laying out in the sun all day. >> was it from that coffee? >> that's what she said it was, but the police officer told me one cup of coffee won't burn both those legs like that. >> both legs were burned. >> yeah. she burned her own legs. >> in that case, marjorie

believes, shirlene was willing to hurt herself just to frame marjorie. so when shirlene died -- >> what i thought, honestly, was that it was another ploy and she had tried to make it look as if he was trying to kill her and she went too far and accidently killed herself. >> i think that that's marjorie's perspective. >> yeah. >> do i think that she's correct in her opinion? no. absolutely not. >> to shirlene's daughters, there was still no doubt about what really happened. and what to do about it. i think your mother had a word, didn't she, that she liked. what was that word? >> tenacity. >> i just had to keep going. here's the thing about keeping going. by doing something, in the process, i was honoring her. >> tiffany filled a suitcase with documents that some prosecutor might find useful, hauled it back and forth to prosecution meetings, pushing

for action, for years. >> well, i kept going to hawaii for sure. i'm like, hi. it's me again. my mom. >> by this time dan no longer worked at the honolulu county prosecutor's office and the prosecutor who took over the case seemed reluctant to go forward. that wasn't going to stop shirlene's daughters. not for one minute. >> we had a guilty verdict. we need to move forward. we need to recharge. we need to reindict. we need to go back to trial. >> but it turned out a big surprise was coming. this time, from the prosecution. >> coming up, a whole new theory of the case. a change for prosecutors. a challenge for that promise. >> how long were you prepared to keep going with this? >> as long as it takes. we made a promise. a good night's sleep...

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tiffany and tammy returned to hawaii where they marked a painful anniversary, 14 years since their mother shirlene died. >> it's heart breaking. >> why do you say heart breaking? >> we've spent all these years trying to get justice. >> we made the promise to my mother that we'd investigate. therefore, it has to be. therefore, you can't quit. >> the daughters thought they'd made good on their promise to find justice for their mother if anything happened to her when shirlene's husband was convicted in 2002 of murder by strangulation. but that verdict was overturned in 2003 and then ken's original indictment was thrown out two years later. >> you thought maybe a few months you'd be back in court.

>> i thought within a few years. >> instead it's been almost a decade. ken has moved on, though he still lives in the same condo. he is happily married. he is employed. works for a construction company as a quality control manager. but tammy and tiffany told us they can't move on, and they acknowledge it's been hard on their husbands and children. >> i feel really bad for my family because it's not their mother and they didn't make the promise i did. because every time i'm not there, someone else has to cover all the things that i normally do. >> tiffany especially makes the trip to hawaii repeatedly, and kids and husband know they're on their own whenever she rolls out the suitcase stuffed with case papers. >> yeah. that's the signal. there simply is no other room in this moment for much of anything else. >> still, they push on. >> we will get a conviction, and i will do everything i can possibly do in order to make that happen. >> the case has dogged the

detective, too. he's retired now, but he counts the years and wonders. do you perceive enthusiasm in the prosecutor's office to go after this? >> not at all. >> they would do so reluctantly. >> yes. >> but why? if prosecutors won a conviction once, why not just do it again? >> at this point it's not my decision but what i can say is provided the evidence was not suppressed and is still available, there is more than ample evidence to prove his guilt. >> anticipating a new trial, defense attorney edmunds hired renowned forensic pathologist michael badden. >> and asked him, what is your opinion? was it strangulation or not? he said absolutely not. he said this is just wrong. >> so the new prosecution hired its own expert and, well, didn't go as planned. >> the new prosecutor on the case said that they had a, one or two forensic pathologists who

agreed with dr. baden. >> they agreed shirlene wasn't strangled. these are prosecution experts. did that surprise you? >> it did. i don't think they provided all the information the expert needed in order to make that determination. >> the prosecution announced in court in 2010 it was abandoning the strangulation theory. the very theory that got ken convicted in the first place. what did you think when they just dropped that theory? >> i was shocked. honestly, i was shocked. >> the current prosecutor declined to talk to us or share any information about the case. but in an e-mail to the daughters from january of this year he said his boss, the chief prosecuting attorney, referred to here by his initials kmk, gave the green light to go forward. go forward with what? a whole new theory called murder by omission. what's your understanding of what murder by omission is? >> my understanding is that it's

a duty of a spouse or a parent to get medical help for someone who can't get help for themselves. and if they've died because of that, then you've effectively committed murder. >> in the e-mail the prosecutor told the girls he just needed one or more experts to give the opinion that wakisaka's failure to perform his duty to provide timely medical care for shirlene caused her death. despite abandoning the strangulation theory four years ago the prosecutor in his e-mail now said he might actually bring it back along with murder by omission for a possible new trial. do you really think they will? >> have they? >> have they? >> no. they've not. they've done nothing. >> so what stage are you at, believe it when you see it? >> absolutely. prove me wrong. show me that you're going to do something.

quit leading us on to believe that you're going to move forward with a case that we've been hanging on to for ten years. >> defense attorney edmunds said he would knock down the prosecution's new omission theory by pointing out that ken did try to get help for shirlene by calling 911. so far, there has been no move to charge ken. and it's not clear when or if there will be. >> i don't think you can fault these two women for how they feel about the loss of their mother. >> they have been tenacious. >> tenacious. >> you'd agree with that? >> yes. >> for 14 years, the last nine as a free man, ken, who has maintained his innocence throughout, has been the target of shirlene's daughters' quest. it's taken its toll. >> he's very troubled by it. >> is he living under a cloud now? >> he feels he is. he'll never really be at peace. now more people recognize him on the street.

that's embarrassing. >> i miss her so much. >> call it a promise, a quest, an obsession. 14 years after shirlene's death, her daughters' journey isn't over. how long are you prepared to keep going with this? >> as long as it takes. >> you could be sitting here an old lady years and years from now and nothing will have happened. >> we made a promise. we made a promise to our mom. it is with such purpose and such passion and such love that i do this. it is an honor of my mother and i don't care if it's labeled an obsession or crazy. i'm doing this because i love her. and she deserves it. >> that's all for this edition of "dateline." we'll see you again on sunday at 8:00, 7:00 central, and i'll see you tomorrow on "today."

i'm lester holt. for all of us at nbc news, good nigh . - previously on grimm... - the attack was pretty violent. - no! - somebody had a really big knife and a really bad temper. - looks like a black knight with blood on it. [both grunting] - she's a grimm. - you've heard that before. - it doesn't mean anything. - so theresa's staying for dinner? - nobody calls me theresa. - uh-huh, so what do they call you? - they call me trubel. - trubel-- that's an interesting name. - trubel might have to be staying with us for a little while. she needs to lay low. - this have to do with a case? - little more than that. - and by little more, you mean... - she's a grimm. - she's a... - yeah. sounded just as weird to me too. - [chuckles] you're a grimm, but-- - she just found out.