we lost a game we shouldn't have lost. we're grown men and going to get it right. >> our toyota red zone report. toyota, let's go places. the raiders fall to 4-6. so not in a great position right now. he said we're not going to let you guys tear us down. 4-6 when earlier in the season everyone was thinking they're right in the conversation. i don't know if they're all right right now at 4-6. >> big loss. everyone in the locker room understood this was a huge loss. they're holding themselves accountable. you like to hear your team say that's a game we let get away and we should have won. we needed to win. they didn't. now you're hearing the men in the locker room saying the right thing. your trigger man, your quarterback. carr understands he didn't play well. you can't expect to go on the road with him under 200 yards. you have to be able to run the ball. this was just not a good team today. the raiders are a better team

and especially in the passing game. crabtree, you've got to make this -- everything needs to go through crabtree, not cooper. i think he's the guy the ball should come through. >> you have a season low in rushing and passing yards, 50 yards rushing as a team and we talk about this with the 49ers, that's not going to produce a win. >> and makes it hard for carr. he's a great young quarterback. he's doing a great job this year i think. he's definitely their quarterback. they don't have the problem the 49ers have. their quarterback of the future is right there. that is the guy. so but you got to give them help. give them in that running game, that's the best help you can have. >> next on xfinity sports sunday, the dubs pursue. the perfection continues. we'll tell you why they have a great chance to reach a historic sweet 16. the warriors and san jose sharks are streaking. how their captain made it happen next on xfinity "sports sunday."

welcome back to xfinity "sports sunday." the warriors chasing some history. that guy's helping them chase it. steph curry taking on the nuggets. second quarter, warriors down one. klay thompson, the splash brother ricky is alive and well. off to a slow start this season because of a bad back. i think it's feeling better. a nice pass to harrison barnes. now warriors up five. klay for three again. >> money. >> next warriors possession, give me more klay. warriors led by six. klay had 21. third quarter, i have a theory here and it's that steph curry is better at basketball than anyone else is at anything else. and that's a good example right there. >> money. >> your best surgeon in the world is not as good at surgery

at stef is doing this. he's just so darn good. stef with only 19. that's a season low right in the face of gary harris. to the fourth quarter. bench got it done. warriors up 11. ian clark goes down. warriors winning so easily, these guys are getting minutes. mo spaeth came in a little out of shape. now up 1, warriors running the floor. mo spaeth didn't like what i said. tied for the best start in nba history. >> different ways of winning. every game i think we get you know, the chemistry gets better and just the flow of the game is better. i mean, we're not blowing everybody out every night but we find different ways to win. and that's what's special about

our team. so you know, there's definitely a confidence at an all-time high. >> it's awesome. those guys i've been saying they deserve it. they play the right way. they're unselfish. they have fun. you can see the joy that they have when they play basketball. so for teams like that to have success is great. and we just congratulated them on it after the game and you know, we'll try to go break it next game. >> all right. let's go inside the numbers brought to you by nissan. warriors tied for two with two others for the best start in nba history. they'll go for the record tuesday when they host the 2-11 l.a. lakers. so the warriors win on the road. they win at home. 49ers haven't won a road game this season. the sharks just won six straight. it's different sports. i get it, different logistics. the sharks doing pretty impressive unless you compare it

to the warriors. sharks road trip in columbus. peter deboer back after missing a game for personal reasons. joe pavelski redirects the shot for the point. his 11th goal of the season. brent burns finds the back of the net. tied at three. and the sharks were not done. no, they weren't. >> the sharks take the lead! they're stunned here in columbus. >> sharks win their sixth straight 5-3, it's their first 6-0 road trip in franchise history. next on xfinity "sports sunday," another huge night and another sunday night football win. we'll discuss if the arizona cardinals have passed the panthers as the team to beat in the nfc.

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draft kings. play weekly fantasy football for free and win huge cash prices. go to draft kings.com and do it now. if you had cam newton, you got 30 points and did pretty well. if you had ralscy, you did better. deandre hopkins gave you 23 points. let me ask you this, there's discussion around the league around parts that cam newton should be an mvp. there are other camps that would say wait a minute, tom brady is your mvp. does cam newton deserve mvp consideration? >> i think he definitely deserves consideration. brady is brady. he has been fantastic this year. so you have to give him props. but what they're doing down there in carolina, that is something to behold, as well. i think he definitely is raising the level of the whole team. you see how they just like every move that he makes. the team is responding to him. and i think that he's a big

reason why they're 10-0. there's tom brady at 9-0. look at the yards. look at the touchdowns. >> what's your opinion on this, mo? >> i think you are to consider both young men for mvp. what cam is able to do with not an elite receiver, cam has olsen, i think he's a good tight end. if you look at the weapons cam has, no disrespect to ted ginn junior. he's your best receiver, that is pretty amazing what cam newton is able to do in carolina. >> considering you can throw anything to gronk anywhere and you might have a touchdown. >> right. >> that's true. >> grady is unbelievable. losing edelman and not having lewis, now he's got two the guys we'll see what happens. cardinals up seven. palmer finds david johnson. 16-yard touchdown. fourth quarter andy dalton hits ifrd. seven seconds left.

chancellor,py czar row gets the game winning field goal. cardinals winners 34-31. hang in there. arizona now 8-2 as you look at the playoff picture. the last five nfc winners were either seattle or san francisco. doesn't look like that will be the case with arizona at-2. if you look at the nfc playoff pictures carolina a better team than arizona. in your mind, ricky, is arizona the team that's going to be here representing the nfc or is there another team you like better? >> i like carolina because cam newton. i just love the way he's playing. he's playing with a chip on his shoulder. the whole team is playing with a chip on his shoulder. i like that team right now. obviously, arizona is a great team, as well and playing well this year. i think they'll be right there in the thick of things. carolina has the better defense. i think they'll win it.

>>? lo? >> arizona can score more points and more prolific. it's coming down to carson palmer. because sometimes he believes so much in his arm, he'll throw ill advised passes. if carson palmer can stay consistent, it's going to be hard to beat arizona. they have bruce arians. he knows how to get after it. some of the best secondary in football. they've got defense as well as offense. >> that's the next opponent for the 49ers, arizona. >> oh, my. oh, my. next on xfinity "sports sunday," despite improved play at the quarterback position, the raiders and 4ers both struggling. we'll identify the main issue for each team next. this xfinity "sports sunday."

dave feldman, ricky waters low neil, as you look at the raiders upcoming schedule. got to go to the tennessee

titans and kansas city at denver. green bay comes to oakland. san diego comes to oakland. then they finish at kansas city. lowell, the number one issue the raiders have to address for the remainder of the season? >> quit looking at the schedule and think you're looking at teams thinking they're beatable. today was a prime example. the raiders look at this team and say we're going to detroit and win that game. it's a team we're better than. quarterback said all of them said this is a game they should have won. they can't look at tennessee and say you're not good enough. raiders have to focus on saying we have to play fundamental football and play great ball. right now they're not doing that. i think this team is underachieving right now. >> look at the 49ers' remaining schedule. the 49ers have to play the+wé arizona cardinals. that is not going to be easy. both lowell and ricky, agree they're a very good team. then you go to chicago, to cleveland. cincy comes to levi's.

you're at detroit and finish with st. louis on january 3rd at levi's. ricky, the number one issue the 49ers have to address for remainder of the season. >> i think it's a two-leaded thing. it's the offensive and defensive lines. theft have to establish the line of scrimmage. they have to be able to run the football 37 and on defense, they have to be able to stop the run. if you can't stop the run or run the ball, i do not see how they can win. any of those games coming up. they have to me it's on the offensive and defensive line. they have to make up their mind they're going to control the line of scrimmage and win the games for them. >> are they still trying to win for now or trying to look ahead for the future? >> i think they're doing both. they're trying to in the short term, just trying to get a win. they need a win bad. the long-term, they obviously have to be looking at the future and seeing who stays and who goes and evaluating this the rest of these games and the players how they play. >> when i look at the 49ers they

have to go back to fundamentals. they're not blacking, not tackitack ingaling. they have to say we have to go back and do the bakes. today was a bad place for them to miss tackles, to not hold edge, to not play pass defense. they need to go back to basic fundamentals. >> dennis brown was saying that on our post-game show. terrible tackling. is that effort? >> it's effort. >> they all know how to tackle. they've been tackling since their pop warner days. >> they're florida position to make the play. two teams that have to do better. for low fully, ricky batteries, i'm dave feldman, thanks for watching xfinity sports sunday."

jason young went on trial for the murder of his pregnant wife michelle in june 2011. by then he had spent 18 months in a jail cell. the guy who lived for tailgates. the guy who loved to party, that guy was long gone. prosecutor becky holt opened for the state. >> defendant had a plan. his plan was to murder his wife, his plan was to get away with

it. >> reporter: with no murder weapon found, the prosecution's case was built on that partial shoe print. they knew now that jason onc owned a pair of hushpuppies like these that matched the print. they were now missing. they also told jurors about the early morning visit to the gas station. and suspicious activity at the hotel. but the thrust of their case was this. jason young was trying in the most violent possible way to et out of a troubled marriage. >> were you aware of tensions in that marriage? >> yeah. i was well aware. >> reporter: meredith fisher, michelle's sister lived near the couple. and for a period was cassidy's nanny. as the young's fights intensified she took on the role of marriage counselor too. >> what would you say were the main issues? >> michelle's main issues were, jason being more responsible,

understanding her more, and his main concern was their lack of sex life. >> prosecutors called friends to the stand to pant a picture of a marriage that was unraveling. out loud and in public. >> jason made it very well known that, you know, he was upset about the lack of sex in the relationship. >> reporter: and at parties, said fiona childs, jays on's x rated tricks were famously over the top. >> i never observed it myself. i would just hear about it. and you now he was expose himself and do what he thought was these funny tricks. and i was always just rather embarrassed for michelle. >> he never settled down. it was as if he was still living the single life, that he never bought into the marriage. what that, what all that meant. >> reporter: in october 2006, when michelle was 4 months pregnant. jason became deeply involved with another woman. and not just any woman. michelle was one of michelle

young's close friend from college. one of those charlie's angels. in early october, days before his third wedding anniversary, jason flew to florida to see michelle who testified they beth knew it was wrong. >> we basically just hung out at the house and -- we had an intimate relationship for the two days that he was there. >> reporter: jason was crazy about her. his friend josh dalton said. >> he basically told me that he thought was in love with her. >> reporter: michelle's mother. linda fisher, testified in the final weeks of her life, she could see the toll the failing marriage was taking on her pregnant daughter. >> she had her head on my lap. and she was lying down. and i was, stroking her hair. and -- and she was -- empty. >> what did she tell you? >> things weren't working out with jason. >> reporter: two days before she

was murder, michelle phoned her sister meredith to report yet another blowup with jason. >> she was just, "i've had it." she said, "you know, more than one time, i just can't do this anymore." >> reporter: jason was telling one of his close friends the same thing. and prosecutors said just days before michelle was murdered, he had indulged in one last transgression. a casual hook-up with an old friend named carol ann sauerby in his own living room. michelle was away at the time. >> cassidy was put down to bed. and i had a couple drinks. we just were talking. and -- we ended up having sex.

>> reporter: but divorce was apparently not an option for jason. >> he made a statement one time, he was afraid if he got a divorce michelle would take cassidy and move to new york. >> and did he indicate he would have concerns? >> correct. >> reporter: one question remained. was a good time guy like jason young even capable of murder. a woman was engaged to jason before he met michelle. she took the stand to testify about a fight over jason's excessive drinking. >> he became agitated and said something to the effect if i am going to make such a terrible husband then give me my ring back. >> did you give it to the defendant? >> no. he began trying to pull the ring off. it wouldn't come off. he was throwing me from one bed to the other. and jumping on me with all of his weight.

and pinning my arms both of them behind me. >> prosecutors hoped to convince the jury it added up to motive for murder. so how would the defense counterattack? with a witness who could refute every charge. >> coming up -- jason young finally breaks his silence as he takes the stand to testify. >> did you kill your wife, michelle? >> no, sir. >> were you there when it happened? >> no, sir.

>> what the prosecution didn't tell you -- >> reporter: there is an art to the business of criminal defense. and it would take an artist to repaint the prosecution's dark portrait of jason young. so what could the defense attorney, mike clinkson, do. well to begin with, he told the jury, he agreed with the prosecution. jason young was not a good husband. >> he acted at times like an immature jerk. but that does not make him a killer. >> reporter: the defense was not about to make any more concessions, mind you. the jewelry box in the bedroom there was dna on it. didn't match michelle or jason. suspicious activity at the hotel, there was a fingerprint

on that camera, and it wasn't jason young's. and, there wasn't any forensic evidence that tied jason to the crime scene. there was no blood in his car. there was not a scratch on him. ladies and gentlemen, jason lynn young did not murder his wife. he did not murder their unborn son. and this case has not been solved. >> reporter: who better to make the argument than jason young himself. but so far, he had never said a word to anyone about the november night. and almost five years silence. >> it is always a big decision for defense attorneys whether or not to call their clients. >> reporter: a former prosecutor and legal analyst. she covered the trial. >> this is a case that really begged for jason young to testify. if he is innocent. >> reporter: after all this time. >> if he is truly innocent. get on the stand and tell the story. >> we call jason young. >> reporter: with his mother in the front row, jason young prepared to do just that.

defense attorney brian collins hit it hard off the top. >> did you kill your wife michelle? >> no, sir. >> wore you there when it happened? >> no, sir. >> reporter: what about jason's missing hushpuppies that match the shoe print. he no longer owned them. >> are those the shoes you had on november 2nd. >> no, sir. >> they were all ratty. told michelle to give them to goodwill. as for the night of the murder, after she checked into the hotel, he left his room twice. the first time to got a power cord for his laptop. >> i was going over the, the sales call i had the next day. >> reporter: the second trip he testified was to smoke a cigar. >> i had to go outside to smoke a cigar. i also wanted to look at sports

schedules and some standings and so i wanted to see if i could pick up the "usa today" as well. >> reporter: the newspaper run explains why he was seen at the explainsk round midnight. >> between the time you smoked the cigar, went back upstairs and went to sleep did you leave the room until the next morning. >> no, sir. >> reporter: the next morning he realized he had left, e-bay printouts on the computer at home. they showed purses thinking of buying one for michelle as belated anniversary. >> i realize i didn't bring the papers. >> why was it important to you somebody get the papers? >> because i wanted it to be a surprise. a surprise to michelle means so much more. >> reporter: noon, november 3rd. he called his sister-in-law, meredith, from the car and asked if she would go to the house and get the e-bay papers. he left meredith a voice mail. then he headed to his mother's place in the mountains nearby. and it was there he testified, hours later, that he learned

michelle had been murdered. >> i just fell. i just -- i just broke on the inside. i broke and i didn't believe it. >> reporter: family members drove him back to raleigh. during the drive he said his friends called. >> ryan and josh had said that the investigators were asking really ugly questions and pointing their fingers at me and doing things like that. they said you don't need to talk to anybody. you need to got a lawyer before you talk to anybody. >> reporter: and then the explanation for his long silence. >> the lawyer that i got after talking with him, he actually advised me to not go talk to the police. >> did you take that advice? >> yes. >> did he tell you not to talk to anybody about it? >> that's exactly what he said. he said don't talk to anybody about anything.

>> the defense addressed motives laid out. that jason wanted to escape a bad marriage and keep custody of cassidy and spend time with his new love. >> did you have any designs in your own mind of leaving michelle young for michelle miney? >> no, sir. >> describe why not? >> i think we both knew it was wrong. i don't think either one -- dreamed that it would ever be found out. >> pushing me around. >> as for the violent episode with his ex-fiancee, jason had an explanation for it. >> did you throw her around on the bed like she said? >> no, sir. what i did was wrong i did pin her down and i took the ring. >> okay. >> what was your -- level of intoxication at that time? >> i was very intoxicated. but i don't feel like that is an excuse for what i did. >> reporter: they questioned him about the most important woman in his life. >> did you want to stay married to michelle? >> yes, i did. i wanted to have -- have another

baby and i wanted the family to grow. >> reporter: he also explained why he gave up custody of his daughter without a fight. >> were you able to afford a lawyer for a full blown custody battle? >> no, sir, i had -- due to the media and some of the internet website, the job that i had, i lost, i lost it. >> reporter: his testimony lasted three hours. >> jason young was a very good witness. he understood what he had to do when he was on the stand. >> reporter: so he didn't come off as contrived or -- phony? like he had put this together very carefully in order to account for all of the evidence that they had. >> he had access to police reports. all of the discovery. he knew the state's vulnerabilities. and so he could arguably tailor his testimony to -- to fit with an innocent explanation.

>> reporter: how did jason young do? 12 jurors were about to decide. >> coming up -- the prosecutor gets her chance to go one-on-one with jason young. and it isn't pretty. >> were you working on your marriage? when you were having sex with caroline sauerby in your home. >> when "dateline" continues.

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>> reporter: it was riveting almost five years of silence about his wife's murder. broken here in this courtroom. >> i loved cassidy. i loved michelle. >> and then he want to murder his wife. >> now prosecutor, becky holk began pulling apart a story she heard for the first time. were you working on your marriage when you were having sex with caroline sauerby in your home less than two weeks before your wife was murdered? >> no, ma'am, that was not the way to work on a marriage. that was detrimental. >> were you working on your marriage when you called michelle miney? >> michelle and i confided a lot in each other. we talked about my issues with my wife. she talked about her issues with her husband. >> was the answer yes, when you had an affair with michelle that

you were -- >> no ma'am having sexual intercourse and having intimacy was very detrimental to that. >> the cross-examination last >> the cross-examination last an full hour. and the next day the case went to the jury. >> retire to the jury deliberation room. >> reporter: it soon became clear jurors were having trouble. >> indicated that y'all have not reached a unanimous decision. >> reporter: the jurors were split 6-6. the judge sent them back to try to make it unanimous. >> the jurors leave for a second. >> reporter: hours later they were back. and courtroom 3 c was still. >> it appears that they are, hopelessly deadlocked at this point. >> reporter: eight jurors had voted for acquittal. four voted guilty. judge stevens declared a mistrial. was serious consideration given to dropping the case? >> i think there was serious consideration as to is there more we can do? >> reporter: so the prosecutors decide they would try again. but this time with the one thing they didn't have the first time. jason's own story.

the second trial began in february. 2012. this time, howard comings led the prosecution hoping to use jason's own words to convict him. >> put your left hand on the bible, raise your right hand. >> reporter: first prosecutors called the night clerk at the gas station, gracie who remembered jason complaining about the locked pumps. >> when he came in to pay, he started cussing and raising cane. >> what time did this happen? >> that was 5:00, 5:30 in the morning. the time jason said he was at the hotel. >> call your next witness. >> prosecutors had new witnesses and testimony. they wanted jurors to hear about cassidy, whose bloody footprints they contended made her a silent witness to murder. >> when i got to cassidy, i said what are you doing? >> day care worker ashley pomentier took the stand. she told jurors she watched cass

idy -- cassidy playing alone days after her mother was murder. >> she had the dolls in her hands and just hit them. >> reporter: as unsettling as it was, prosecutors wanted jurors to know the kill heard left a silent witness behind. a witness he would never harm. the fact that cassidy was spared, did that mean anything to you? or would that mean anything to a jury? >> certainly. it meant that the person that killed the mother, we felt, cared about cassidy. >> i do. >> thank you. >> fiona childs took the stand. prosecutors pressed her about a life insurance policy. and michelle questioned. >> that she brought up specifically her life insurance. she brought it up several times. asking me didn't i think $1 million was too much.

did they really need that. >> reporter: after michelle died, fiona found out the true amount of the policy was $4 million. >> i was just like in total shock. that is incredibly excessive. >> reporter: and prosecutors told the jury about civil lawsuits against jason brought by michelle's mother and sister. one was a wrongful death case filed in 2008, a year before he was charged with murder. over the defense's objection, the court clerk laura freeman testified about the lawsuit. >> there is an alleged paragraph. reading verbatim t in the early morning hours of november 3, 2006, jason young brutally murdered michelle young at their residence. freeman went on to testify that jason never responded to the allegations. and that led to a default judgment against him. that judgment said jason killed his wife. a default judgment does not mean the facts alleged in the civil complaint are true. it does not mean he is guilty.

and the judge at the criminal trial told the jury that in his instructions. however, when you hear the statement, jason young brutally murdered his wife, but that doesn't mean he is guilty, folks. hello? you know. >> reporter: and the prosecutor made sure the jury heard just who signed that ruling. >> i'm reading from the judgment. signed actually by judge stevens. >> reporter: judge stevens, the very judge sitting before them in this trial. >> the jury hearing it, it is just something that is going to carry a lot of weight. >> this is the complaint that was filed in december seeking custody of cassidy. >> reporter: prosecutors called the attorney involved in the custody case over daughter cassidy. and those same allegations were repeated yet again. >> the jury heard several times through these two civil complaints that jason young brutally murdered michelle fisher young.

the headline came when prosecutors played jason young's entire testimony from the first trial. >> i wanted her to have that. >> and began to rip it apart. >> i don't remember. >> reporter: prosecutors tried to show, jason's call to meredith to pick up the e-bay printouts was merely a ploy to get her to discover the body and find cassidy. why else would he print an e-bay auction ad leave it on the printer and hit the road where he couldn't bid during the actual auction. they called sergeant spivey to the stand. >> that auction would end, 8:00 p.m. eastern standard time. >> what day was that? >> that was on november 2nd, 2006. >> reporter: just hours before the murder. now, prosecutors tried to prove jason lied about his reasons for leaving hoet tell room. -- the hotel room. >> i didn't pull the door. >> reporter: in his original test men he told the court he

left to get a power cord for the laptop. >> why did you want to look at the laptop? >> i was going over the sales call the next day. >> special agent mike smith took the stand to say that young didn't use his laptop for work that night. >> this is an internet site dedicated to sports. >> reporter: jason said he went out a second time to smoke a cigar. prosecutors contended jason was a fierce anti-smoker. the weather was freezing, windy. >> could you tell me or not there was any substantial outer wear that the defendant had in his luggage or wearing? >> no, sir, a suit jacket. that was the only outer wear that i am aware of. >> reporter: jason chose not to testify this time. the defense fought back of course. they argued the gas station attendant's memory couldn't beep trusted because of a childhood brain injury. >> i have had memory problems since '06 because i hatch been

through a lot with myself and my kids and my ex-husband. >> reporter: the defense also argued the case really wasn't solved. that there was no physical evidence to prove jason was the killer. >> there wasn't one scratch on mr. young. >> reporter: he never would have had time to make the trip an commit murder. that he don't have the mindset of a killer. and that cigar, it showed that jason young owned a humidor and once made a purchase at a cigar store. >> you have ample evidence before you that jason young is not guilty. then it was over again. >> reporter: and time for another jury to consider whether jason young would go to jail or walk out of court a free man. >> coming up -- the verdict. take two. >> the jury by unanimous verdict find the defendant, jason lynn young to be --

♪ ♪ >> for more than five years, michelle young's family and friends had been waiting for answers. who killed their pretty pregnant michelle? many thought they knew. >> it was him. you know i didn't know all the evidence. i didn't know half the things i know now.

but i felt that way. >> one jury failed to decide. and now attorneys were making their final arguments to a second jury. >> be mad at him. hate him if you want to. but when you look at the physical defense in the case it does not match up. it does not match up to jason having killed his wife and unborn son. >> 30 blows? that's not from a stranger. that is a mad, mad domestic abuser. >> reporter: soon that jury was behind closed doors. in the wake county superior court. after two days, they were back. with a verdict. >> the jury by unanimous verdict find jason lynn young to be guilty of first degree murder. >> reporter: guilty. first degree murder. jason young didn't flinch. behind him his mother was equally stoic. on the other side of the court, michelle young's bereaved mother and sister wept.

fiona at home got the news from a friend. they said "he's guilty." i was like, "what? what?" >> reporter: jason young received a life sentence. chose not to address the court. even as the bailiffs led him awe he remained expressionless. the prosecutors were, they told us, relieved. >> i was very emotional. i have family members there who have been working for five and a half years. and they finally had justice you know? >> we have been telling them for years just, just trust, just trust that, that it will be the right result. >> reporter: but was it? a year and a half ticked by. and then this. >> attorneys for jason young demanding a new trial saying the trial that led to his conviction had significant errors. >> reporter: december 2013. jason young's new attorneys

launched his appeal. >> who is the killer? is jason young the person responsible for ms. young's death. it seems fundamentally unfair. >> reporter: what was fundamentally unfair? remember during the trial, the attorney pointed out, the prosecution introduced testimony about those civil cases against jason. brought by michelle's family. they accused jason of murder. >> jason young brutally murdered michelle young. >> the defendant brutally murdered michelle marie fisher young. >> way out of bound said the attorney. the jury should not have been allowed to hear about any of that. outside the core, michelle's sister meredith predicted the appeal would be thrown out. >> the jury came to the right verdict. we are confident. >> reporter: a raleigh man is getting a third trial. >> reporter: in april, 2014, the

judges ruled unanimously that testimony about the civil cases prejudiced the jury. and they took particular exception to the fact that prosecutor was allowed to tell the jurors it was their trial judge who signed the civil judgment against jason. which said that he killed his wife. in fact, said the appeals court, introducing evidence about the civil case was a violation of north carolina law. >> that law says you cannot use a civil complaint, a civil allegation as proof in a criminal case. >> reporter: but over a year later, the case took yet another turn. the north carolina supreme court said there was no violation of state law, and reversed the appeals court decision. jason young remains in prison. but children know little of the arcane world of motions and appeals. cassidy is 11, lives with her aunt meredith.

her father, her mother, snatches a memory ever farther away. >> that's all for now. i dozens evacuated when fire bus their apartment complex. a viewer caught this video right now at 11:00, dozens evacuated when their apartment complex caught fire. the tonight, many do not have a place to stay. good evening to you. i'm peggy bunker. >> and i'm terry mcsweeney. fire crews are still on the scene right now. one person had to be transported to the hospital. the fire broke out on telegraph avenue and dwight way just a few blocks from the cal berkeley campus. christie smith is joining us now. those people are going to be able to go back in tonight or not? >>