had someu! surprising success. we were enjoying the ride, not really realizing what we were accomplishing. i remember early that year, we got beat byç detroit in the detroit. home of super bowl xvi. home of super bowl xvi. i remember thinking, guy thata would be so cool to play in a super bowl, but there's no chance. sure as heck when we got there that sign was still there. that sign was still there. it was those kind ofa that you learned to appreciate and it's hard to describe the kind of satisfaction you get by being on top. >> on the next the next ht "faithful ". >> the bread and butter is move, shoot, communicate. when they're doing what they do, it's like watching a perfectly synced football team. you can be as humble as we were. it's not that big of a deal.

>> you comezv here weak but wil be a little stronger when you get out of here. >> these guys to me are national treasures. >> i remember i wantedç to be football players in 1982, g.i. joe came out and football went out, g.i. joe took over and i was ÷úlike, that's what i want be. ♪s nendsmy ♪ ♪ ♪ ♪ht ♪ ♪ ♪÷ú÷úç

>> the 49ers hang tough all day yet fall in the final minute.ç highlights and analysis on the game that slipped through their fingers. >> into the end zone, he's got it. >>zv touchdown! touchdown raiders! >> the raiders find a way in the ring to get a÷ú last-second com back. are they forreal. xfinity sports sunday coming straight at you bymnow.

>> hi, everybody, welcome to xfinity sports center. hope you're enjoying your nfl sunday football. ricky waters, dave feldman, do notym adjust your tv set. what is that. what is that? velvet? it's beautiful. >> isn't nfl doing the color schemes. >> i'm blasting it,ym that's al >> don't adjust them. 49ers hosting the cardinals. cardinals wear some colors sometimes. and the honey badger onç the conference call math thu high praise, not to take anything away, but it seems like he has a little bit of a better grip on what's going on, if heç gets i the situation he knows where the ball needs to go. he's a hell of a passer. after the compliments. the honeysbadger was buttering

him up. arizona will get a field goal, a 6-3 lead at the half. do not listen to compliments from the honey badger blame, they do not çwork. second half arizona up 13-3. he scored his first touchdown last week against seattle and another one here. 49ers cutv: the lead to three. tight end working for the 9ers. >>÷ú they're an intracal part o this offense. >> fourth quarter piled up on some questionable calls. third and 19.p 49ers' sideline called for unsportsman like conduct. ricky, what happened here. >> let's see if the referee touches anyone. my goodness, what he brushed someone on the÷ú sideline, come on. >> we couldn't see it. later on the drive called for roughing the passer on palmer. i don't know about this call. >> neither do çi. you're taught always keep your

face mask up and see what you're hitting. that's head up. that's textbook tackle. that should have never been called. the refs, the play is not over. this play should not happen. the play should have been whistled dead instead palmer to j.ñ nelson, that play never should have happened and because that play never should have happened, this play never should have happened, 8 yards on the scamper, extra point no çgood, but the cardinals up 19-13 on some very, very, very shaky calls. >> how about that, spike and fall down? 20. got to get it done. he's taken a sack on the previous play, connects with bolden butnb for 18 they needed 20. and the cardinals are winners 19-13 as we go inside the numbers brought to you by nissan. palmermy 271 yards and that all important rushing td, he

improved to 22-4 over his last 26 starts. a td andz8int but it was the penalties a t the end of the day that killed the 49ers. >> i'm not really too worried about getting fined. i thought those refs sucked, you called running into a player when, don't don't i'e rick about this lead. be a man and that's what pisses me off. it's guys like this work in this league and work on this field and we have to deal with it. it was a terrible call.÷ú they've had terrible calls all games. i don't care what the lead says, i don't care what rogers says, it's the. youf don't like it, get the hell out of bhere. >> yikes! time for a jeep renegade player of the day. it's the entire 49ers'vefense who played another tough game at levi stadium holding one of the

nfl best offenses to 19 points. the defense was great again protecting the home÷ú turf. 13 penalties for 81 yards. i'll start with you o'neal because i spent most of my day with my buddy ricky. can you blame that gameç on th refs, can they cause you to win a game? thoiz calls were questionable, especially the sack. his head was up. that should not have been -- that should not have been a late hit. that should not have been a penalty. >> i agree. >> that was a good textbook ko tackle. that was a nick pick pebble penalty. they did blow some guys. >> we had vance mcdonald, everyone was t÷úrying to be politically correct except for alex boone. but the refs played a huge role in this game. >> they really did. even the time they scored÷ú the got seven chances you can't give a team like this four chances,

so many chances down there they were going to get in and score the touchdown. the defense playedzv extremely well, to me. they were all over the place. they were all up -- i thought chris johnson was going to have a big day, but he didn't at all. they stuffed÷ú him. they were up in carson palmer and they were making plays all over the field. they were shutting down the great wide rs that theyu! had. >> 49ers d played great. had better numbers but once again it comes in a losing effort. >> all right, while the 49ers playoff hopes may be gone. the raiders areç not far from gone. in fact, we'll have highlights when they come back from the music city. this is xfinity sports sunday. great raiders finish with the titans when we continue.

>> welcome back to xfinity sports sunday.

.my first quarter, he finds craig stevens for the 20 yard touchdown pass. he would -- raiders would block they were down six.empt. raiders respond, though. finds michael crabtree in the end zone caps off a seven play. 77 yard drive for the raider%uñ offense looks good and crabtree looks really good. >> this is a nice come back route. he rolls out to the right and hits crabtree, there he goesym getting both feet in knowing he wants to score the touchdown. >> in the third quarter, rain falling hard in tennessee, did not effect zvcarr. lobs up a deep pass for cooper and he would break the raiders' single season. passing james zvjet. >> he's really good. when you get from tim brown and jerry rice, i think that says everything you need to know. >> then on third and eight.

or the touchdown.and eight. raiders up 17-6. seth roberts had a great game. >> hand down man down. seth roberts making plays all÷ú day long. had a nose for the end zone, creating opportunity when your number is called on. >> later in the quarter, m douglas in the back of theç en zone, douglas still makes this catch. titans would complete a two point conversion, raiders up hr(t&háhp &hc tie tan possession, david amerson, picks off the pass. amerson had himself a day, he broke up six÷ú passes, first ti since 2013 the player had six pass deflections. >> he was the player of the game to me. if you watch him. open up on that interception, he thought he was going to run with that nine route, he didn't. kept his head close, big play

fourt xuarter, raiders driving, derek car, tennessee at the goal line off the play action, fowler, touchdownç raiders dow 21-17. raiders come right back, though, he lobs it again for seth roberts his second touchdown on roberts his second touchdown on thea three. still time, though, under a minute left in this game. mario thatslooking for a miracle, he's on the wrong time and the raiders hand the titans their 11th straight home loss and keep their playoffs alive. they winht 24-21. time for your toyota red zone report. it's only the riders -- raiders' second one. carr÷ú finished with 330 yards. 113 of those yards hauled in by seth roberts.ç

. >> all right time for our draft kings of the week brought to you by draft kings and it is seth roberts, why wouldn't it be?÷ú six receptions, 113 yards. he had 38 for the longest and he gets you 23 points. you've seen this guy all year, how good is seth çroberts? >> i think the feeling is he's still playing at a high level. he makes plays all year. but this is what happens when you take away crabtree and #)h(% amarie cooper someone else had to step up. give me the ball, coach, put me in the game and i'll make plays. >> you liked him today. >> look at the way heym adjustso the ball, that's what i really like. he looked over one shoulder didn't see the ball, didn't panic, turn ped the other way, adjusted body perfectly to receive the ymfootball. he's a really smooth athlete. they have a young team but exciting team and oakland fans have a lot to cheer about p r(tc >> we know what perfect is,

perfect would be that jacket. you know what's not perfect any more, the patriots and tom brady. >> perfection coming to an end.s we'll show you what happened in the mile high city. and a bigger loss in just a game for new england. -- a bigger loss than justzv a game for new england. details are next. carrçymçzv

. >> growing up there, especially with my, definitely saved who i am being my biggestç critic, nothing was ever good enough for her. perfect example my senior year at college, i had 37 points, ike, yeah, she can't say nothing after this game now. i'm excited. when i get the call from her, as soon as i hit the bus, i'm excited. >> you had two rebounds,what were your doing out there. >> i was like are you kidding

me? i can stumble on two reds bounds, that's all you had was two rebounds. it's thatv: mentality that alwa instilled in me. one thing she always taught us, you're not going to be a follower, be a leader, everything shóm used to say, bea leader, be a leader. >> man, mom was tough. wednesday after warriors post game live check out legendsym t 2014/2015 golden state warriors who has it than draymond and steph curryym and the answer is nobody. gronkowski injured his knee. after the game it's not serious. just over a minutebn$jz the clo, osweiler, they take the lead. patriots with the last chance to tie the game. steven gronkowski the field goal is good. we're headingym into over time. c.j. anderson, 48-yard rush if he gets out he's going.

and the patriots get their first loss of the season,÷ú 30-24. so tom brady has to walk off the field a loser for the first time this season. once again gronkowski with a knee injury mu÷últiple reports believe it's not a ligament damage, maybe we'll have to wait for more report. but maybe something that does not sideline him. are youç surprised the patriot lost the game? >> no, they can't afford to have any more injuries. when you look at this team, tom brady has been carrying this team, when you loseç guys like edelman and lewis and being hurt now, that just keeps piling up these things and it's going to be hard for them over come,v: n you can't score as much. it's going to hurt the patriots later on. >> denver winning without peyton manning, winning÷ú with brock osweiler, how do you see this playing off? is denver as good as the

patriots? >> that, i don't know. they were as good as them today andç that's all matters. when you can ruffin the football like they did with anderson, you have a chance to win football games. right now it looks prettyv: goo >> it's tough the see it was rough watching him play averaging two interceptions to play. peyton manning will no longe+ take that job. it's gone. >> he's done. >> you think he's done forever? >> you can't go back to him. >> we're done. >> you think we'll ymretire. >> we're done. >> for ricky and the velvet, good night.

>> sure. >> did it interest you? >> absolutely. >> ifs hirs wife christa died in the middle of the night. there were no witnesses. investigators believe she tripped, hit her head, and ended up drowning in the pool. police ruled it an accident. bill collected on an insurance policy. >> do you know how much money was paid out on her death? >> i believe it was approximately $250,000. >> bill had other insurance pay-outs too. one when his automotive shop burned down. another on an investment property fire. he was also the beneficiary on policies for diane total says $750,000. >> are you a guy that plays

fraud games on insurance? >> no. every one of those was investigated. all consistent. arson, insurance pay-out, including up to diane's death. >> that's the picture that comes together against you. >> yeah. i understand that. >> this is not fraud on your part? >> absolutely not. >> kevin, bill's main accuser, says the motive for his mother's murder is obvious. she was worth more dead than alive to his stepdad. >> let me hear your indictment for bill kind. kills your mother why? >> money. $750,000 could help him out a lot. >> detectives thought they had a plausible motive. now they comb through bill's 911 call and his lengthy interview on the day of the murder. not everything seemed to add up. reporter curtis krueger noticed something curious reported by the first deputy at the scene. >> the first responders arrive and attempted to take a pulse of diane and they found her body to

be somewhat cold. that, of course, indicates that she may have been dead for a while. >> a deputy arrived just minutes after bill said he had caught kevin in the act. diane's body temperature may have suggested a different timeline. detective binding was troubled by another part of bill's story. he said he never went back to check on diane after kevin ran off. >> i assumed that she was already dead. >> but it had all been so brief. did you get a good look at her? >> no, i did not. >> i would think you would immediately go to her bedside and see what's going on. >> that probably would have been. i wish i would have. >> but you didn't? >> i didn't do that. >> bill would not have had to check on diane if, as kevin said, he was the one who killed her. and when the crime lab reported on the first item sent for dna testing, the results seem to place bill directly at the crime scene. remember diane died of asphyxiation. testing showed bill's dna profile on a sample taken from her neck. >> we were a very loving couple. we slept in the same bed

together. yeah, my dna should be on her. >> a reasonable explanation for a bad fact, but was it the truth? detective binding reached into his toolbox for something to help assess bill's credibility. he asked him to take a lie detector test. >> you agreed to take a lie detector test, and you flunked the critical questions. >> i flunked certain questions. >> two questions, and i won't paraphrase, but they both had to do whether you caused her death or knew what happened to her. >> one of the questions, did you cause the death of diane kind? bill's answer, no. another question, did you lie about kevin being on top of diane on august 15th, 2010? bill's answer, once again, no. according to the test results, both of those answers showed deception. >> essential stuff. not peripheral stuff. the central questions. you're not getting through the lie detector. did you lie? >> i didn't lie.

that's why they don't use lie detectors in courtrooms because they can issue false readings. >> the guy is flunking the tests, and the son says he did it, it's not a good set of facts, is it? >> no, that's why -- now we have to attack bill. >> did they ever. binding, along with detecttive anthony stevens, brought bill in for more questioning the same day he flunked his polygraph test. this time they put the screws to him. >> she's dead and there's only two people that could have done it. okay? i'm here to tell you right now his dna is not on her neck. yours is. you already knew she was dead. that's why you didn't go in the room. any way you could have known that is on to possibly be involved with it. >> it was a withering interrogation, and bill kind cracked. he changed his story and said he did, in fact, go into his bedroom after the fight with kevin. >> detectives don't like to be

lied to, and here he has told you a lie. first statement, i'm not in the room. now is he in the room. >> now is he in the room. it's like, bill, you said you weren't in the room. >> going into the bedroom to check how diane -- he was probably the only one. >> which version are we supposed to believe? >> you haven't been truthful to us to this point. do you see how this is going? you failed a polygraph. your dna is on her neck. his isn't. >> come out and search. >> detectives thought it looked like a mountain of evidence against bill kind. what would the evidence say about kevin? >> coming up -- >> his glasses were found at the bottom of the bed. >> could there be a mountain of evidence against kevin too?

>> your blood was found on your mom's leg. what's your explanation for that?

>> detectives thought they had compelling evidence against bill kind.

>> they did. >> wrerl when kevin was 18 he got into an argument with his mother's sister. assistant state attorney bill lawyer where i describes what he did next. >> he fought with the police, and even was trying to have his dog attack the police during it. he was arrested for battery on a law enforcement officer and resisting arrest. >> kevin pleaded guilty, and now deputies from the county were back at the house. this time investigating the murder of diane kind. bill, who said his son did it, was painting a picture of kevin's violent past. >> i had never seen anybody act the way that kevin acted out. >> just three months before bill said kevin had brandished a knife against his mother. >> he was frustrated about something and said you're going to listen to me. he had a knife in his hand, and it scared the heck out of me. >> kevin says that never

happened. another time kevin's mother bolted her bedroom door to keep him out. >> he kept pounding on the door and pounding on the door, and he finally kicked it in, and it broke the door. >> was bill deflecting attention away from himself, or telling the truth about the man he insisted killed his wife? his daughter rebecca backed him up and attacked kevin in her interview with the cops. >> he was a little hot head. he would come in and throw his weight around. >> like the time, she said, kevin tried to gode bill into a fight at the house, sicking the cops on him. >> he would get in my dad's face, screaming for him to hit him. please hit me. i'll call the police, and you'll go to jail right now. >> it was the boy crying wolf scenario because bill apparently hadn't done anything. it was just kevin trying to get bill in trouble and calling 911. >> kevin says he didn't go to bill and made that call because bill shoved him. and things got so bad bill and

diane even took legal action to throw him out. >> diane told him, kevin, don't push me. you're going to see what we can do to get you out of this house. he didn't believe her. i went to my attorney. he drew up the papers, and we had him legally evibted. >> you can do that? you can evict a child? >> he was 21 at the time. >> diane loved her only child and couldn't cut the cord. she let him come home. the summer of 2010, however, was racing towards the showdown. tensions in the family were high. the kind house was crammed with four extra people. bill's son and his family camping out on couches because of financial troubles. kevin wasn't making things any easier, obnoxious about sharing the household computer. >> he was the computer hog. >> that's all he wanted to do. it wasn't even his computer, but he would change the passwords and kick everybody off. >> kevin's mother was furious.

she had stopped talking directly to him, trying to avoid the persistent arguments. >> they're just talking via emails? >> completely. >> 30 feet across the house, and they're talking through e-mail? >> not even 30 feet. >> the last straw was kevin cursing out his mother. >> called her a bitch. called her the c-word. >> diane and bill gave kevin a deadline to get out the door. september 21st. five weeks before that deadline day diane was dead and bill said kevin's temper and violent past pointed to him as the only one who could have done it. >> did kevin kind kill his mother, diane? >> yes. >> the reason he did it? >> because he was being kicked out of the house and wanted get his own way. >> the reason you should not be -- >> i'm the one that pulled the murderer off of her that day. >> kevin had already told detectives that that was all lies. he hadn't been near his mother.

never made it into the bedroom. detectives, however, knew they found something important inside and it belonged to kevin. >> glasses were found at the bottom of the bed. >> which seems to belie his statement that he didn't get into the room. >> right. >> kevin's violent history and those glasses, did him in. he was arrested, charged with killing his mother, and held in jail. that wasn't the end of the story. not by a long shot. remember, bill kind had flunked his lie detector test. kevin, meanwhile, had also agreed to be wired up. >> as to the critical questions -- >> of course. >> -- all around one question, did you kill your mother? you passed the lie detector? >> passed it flying colors. >> the thought was we may have the wrong guy in jail here. >> a prosecutor acted quickly. he handed kevin a get out of jail free card, releasing the accused killer back into the community. >> i felt as a prosecutor and my goal here is justice, and i thought it would be wrong to have kevin sitting in jail with

the status of the case at that moment. that doesn't necessarily mean we have enough evidence to put bill in jail. >> so the prosecutor convened a grand jury in early 2011 hoping to sort things out. he asked kevin's lawyers about letting kevin testify. allison miller was one of his public defenders. >> we found him credible and compelling. maybe we put him in front of a grand jury, which & they believe him, and he never gets indicted. >> i wanted the story out there. i wanted the truth to be out there. i felt like it would help me if i could present myself to these people. >> kevin told his story to the grand jury. how he stood at the bedroom door, shocked by his mother's gastly appearance and then bill jumping him from behind. >> kevin was in a big disadvantage. >> he at that point doesn't know about the blood evidence. >> three specks of blood had been found on diane's leg and more on her bed cover. lab analysis just back showed it was kevin's blood, but only the prosecutor knew that. >> i said, you know, your blood

was found on your mom's leg. what's your explanation for that? i have no explanation. >> in the battle of competing stories, the grand jury broke the tie. kevin kind's gamble to testify had backfired. he was indicted on the spot with first degree murder. >> as he is leaving the courthouse, he is brought back in and arrested again. >> the case had been unpredictable from the start. it had rival 911 calls. >> he is outside. he is choking her. >> conflicting murder accounts. >> my son just killed my wife. >> now in the courtroom there would be even more surprises. >> coming up, sandal scandal. >> he said i have never seen them before. >> what did the science say? >> his dna was on them. >> would a jury vote to convict kevin or would it swing right back to bill? >> it's just so fake. >> it's just so fake. >> when "dateline" continues here in vineland, new jersey where progresso light soups are made,

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- you can collect rainwater to shower with, but there are easier ways to go green. like taking shorter showers, which conserves water and lowers your bill. you'll sing long ballads in the rain and short ditties in the shower. ♪ the more you know >> july, 2012. two years after diane kind was murdered in her own bed, her son kevin stood trial for killing her. bill kind, the other man who had been under intense suspicion, came to the courthouse every day still feeling the loss of his wife. >> she was everything i've ever

dreamed of in a lady. we were going to spend the rest of our lives together. >> sheriff's office. >> in this unusual case of duelling 911 calls and conflicting murder accounts, prosecutor lowery was confident that blood evidence would sink the son's story and fully support the husband's? >> i think ann wra cox was my favorite expert. >> she testified that the blood was on his mother and also on her bed cover. >> if he says he wasn't in the room, does your scientific finding deny that premise? >> yes. >> there's no question in your mind, science tells you he was in that room. >> yes. he had to be right next to the comforter. >> to the prosecutor, it was a home run. confirming bill kind's story. that he opened the door and saw kevin straddling the bed on top of diane. his blood at the crime scene had to get there during the strug well his mother or when bill pulled him off her. >> he put the lie to his story that he was not in there. >> there's no innocent explanation. >> and his broken glasses had

been found in the bedroom along with birkenstock sandals. one inside the room. one by the door. >> he said -- >> he actually said i have never seen them before. >> but what did science tell snu. >> his dna was on them. >> why did he lie about those shoes? >> the reason he lies is because the shoe shows is he in the room. >> bill kind took the stand to tell his horror story about that day, and he put his personal stamp on those birkenstocks. >> diane had bought them for him at sam's club about a year or so prior to this incident. >> bill recalled the time when kevin tried to pick a fight with him, then called 911. testimony the defense thought fought to keep out but lost. >> i wanted the jury to know that he was like a boy who cried wolf, who would make 911 calls frequently. >> bill said kevin was hardest on his mother, especially in the summer of 2010 when she gave him the deadline to move out and he

cursed her out in front of the whole family. >> that's it. i can't live with you one second longer. sfroo how close is that to the day, the awful day? >> probably a week. >> the prosecutor they're rised kevin just snapped and killed his mother in a rage after one last argument. >> kevin lied. his dna is in the room. it's consistent with bill's story. it's inconsistent with his story. therefore, he did it. >> we both believed bill kind was the person who killed diane kind. >> the defense argued that bill's story was not true and that his dna was all over the crime scene. >> the dna on diane's neck, the dna on the pillows, the dna on the folded sheets was a slam dunk. that's reasonable doubt. >> the defense offered a theory that kevin's blood had sprayed towards the bed after he was scratched by bill in their fight at the door. the defense also argued that bill was the real killer. >> if it's not our guy, it has

to be him. >> we didn't say that. i don't know if it was not as aggressively as it needed to be said. >> maybe if they hit bill harder, jurors would have found reasonable doubt, but they didn't. after four hours the jury came back with a verdict. guilty. second degree murder. kevin kind was sentenced to life in prison. >> my throat went down to my ankles. it was a horrible feeling. >> there were no words. kevin was going to be in jail for the rest of his life. i lost the woman i was going to grow old with. >> it was heartbreaking. >> but allison miller still believed in kevin and wouldn't give up. murder convictions rarely get overturned, but allison thought an appeal had a solid chance. she objected to the judge letting in the old 911 call kevin made to get bill in trouble. >> she said it prejudiced the jury against kevin and an appeals court agreed. two years after his conviction,

kevin was granted a new trial. it was a stunning turn of events. allison rushed to phone kevin in prison. >> i called and said can i speak to kevin kind? some very helpful person was, like, well, honey, it doesn't work like that. we can't just put him on the phone. you have to schedule an appointment. i was, like, can you just tell him he is getting a new trial? >> i was astounded. i was extremely happy. >> i was hurting for my dad. no one on our side of the family had any doubt as to what happened that day. >> in february of this year it was florida versus kevin kind, round two. same courtroom. same judge. same prosecution strategy. >> really nothing to change in considering that he was convicted the first time. you know, it wasn't like we would say we should have done it this way or that way. >> not so for the defense. allison miller and co-counsel jessica manuel were in attack

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

for murder. and the state expects you to convict kevin based on that man's word. >> the judge probably said 20 times, you know, there were two sets of prosecutors in this room. >> allison miller played bill's 911 call asking the jury to use its commonsense. why didn't he rush in to save diane? >> sheriff's office. >> your son choked your wife? >> yes. >> okay. >> they were fighting. >> okay. hold on for me. >> the heavy breathing and then he starts to get emotional. oh, diane. >> diane. >> it's just so fake. >> this case is about money. >> the defense also hammered hard on motive. bill's. >> bill kind collected $750,000 when diane kind died. >> three-quarters of a million dollars sounds more like motivation to me than a computer password or wanting to stay in the house. >> the rebooted defense now had one last change. a blockbuster new witness.

>> what is your decision? >> coming up, on the stand there would be some changes too. the sandals he never wore -- >> i wore them. >> the bedroom he never entered. >> i might have took one or two steps just opening the door. >> will a jury believe his story this time?

>> we felt confident that he would be able to hold it together. >> you never know. >> you never know. exactly. >> i think we all know who you are, but tell us your first and last name for the record, please. >> kevin lee kind. >> this wasn't kevin's first time under oath. he testified before the grand jury, and that's when he got indicted. now here he was again putting himself and his story on the line. it was a high stakes gamble. >> we said you better look them in the eye and tell them the truth. >> did you ever call your mom a

betch? >> i did. >> did you ever call your mom a retard? >> unfortunately, i did. >> kevin, is this true? are you disrespectful? >> yes, ma'am. >> well, then -- >> a preemptive strike. part of the plan to soften kevin and give jurors reason to doubt the immature bratty 23-year-old could turn into a cold-blooded killer. >> what this jury wants to hear you say is you did not kill your mother. >> did you kill your mom? >> no, ma'am. >> his blood on diane's thigh had always been the defense's toughest challenge. >> the state says the blood got there once bill and kevin start struggling. >> but from day one kevin had maintained he never entered the room when he was attacked by bill. now he would give himself and his blood some wiggle room to get closer to his mother. >> when you opened the door, did you take any steps into the bedroom? >> i might have took one or two steps just opening the door. >> his cross-examination, the prosecutor challenged kevin as a flip-flopper. >> taking one or two steps, this

is the first time you said that in four and a half years, right? >> i was always saying i opened the door, and that's as far as i went. >> you always said you never went in the bedroom, right? >> i did not go further than the door, sir. >> i think kevin was probably in a state of shock, and i'm not sure he entirely knows how far he got in that bedroom. >> kevin also shifted his story on those sandals. >> you don't recall wearing these? >> no, i wore them. they were comfortable shoes. slide on around the house. >> i don't think i understand. house shoes or something? >> correct. >> after kevin left the stand, his attorneys could only hope their new strategy, clean up kevin and dirty up bill, had worked. the swrir got the case and began deliberations. >> your honor, the jury has reached a verdict. >> it took six hours. >> the verdict form to the deputy, please. >> in the time it takes for them to get that verdict form from the jury box up to the judge for

the clerk to read, feels like eternity. >> in the state of florida versus kevin lee kind, the charge of murder in the second degree, the defendant is found not guilty. >> not guilty. >> that was probably the best feeling i've felt in ten years. >> you got your life back. >> i did. >> kevin's paternal grandmother, his biggest supporter, cried tears of joy. across the aisle, bill kind's muttered to himself. >> i was devastated. i couldn't believe it. sometimes the bad guy wins. >> you reclaimed his life and pulled him out of the abyss. >> yeah, i guess. >> had he say they put the right defendant on trial twice. >> doesn't mean he didn't kill his mother. just means that a jury said he didn't. >> the jury foreman says the defense's strategy to put kevin on the stand worked. >> i just don't believe that the

evidence points to kevin. >> not only was there reasonable doubt. this juror believed kevin's testimony over bill's. in part, because kevin looked directly at him. >> did that make a difference to you? making eye contact, acknowledging your presence? >> yeah. the eyes tell something. bill didn't look at us once. >> the next day the judge released kevin. >> please don't come back. >> i won't. >> good. >> outside kevin met his grandmother and then the local media. >> i'm innocent. there's got to be a guilty party. >> where is justice for your mother in all of this? >> i'm hoping coming. >> the fifth amendment prohibits double jeopardy, so kevin can't face charges in this case again, but bill could. >> i would like the prosecutor to ask the sheriff's office to reinvestigate diane kind's death. >> that's silly. i would love to be the defense attorney on that case. there's no way bill kind would be convicted because not only

does the evidence not show that, but the defense would be kevin did it. >> who is kevin kind? who is this guy? >> kevin kind is a name on paper. that man is not a kind, and he is not my family. >> where is justice for diana? >> kevin did serve some time in prison, and i don't believe that diane would even want him to serve life in prison for her murder. in my mind he should still be behind bars. >> but now kevin's got a second chance at life. he says he is dedicating it to his mother. >> she's looking down, and she sees that i'm maturing, and i am going to be the man that she wanted me to be. >> so in the end what do we make of this mind-boggling who done it where no one can say for sure who murdered diane kind? leaving a husband and son still pointing the finger at each other, still professing lot of for diane, but one of them still defiantly lying about having killed her.

>> that's all for now. i'm lester holt. thanks for joining us. nbc bay area news starts now. >> right now at 11:00, a popular bay area police officer finding himself on the other side of the law tonight. he went viral when this photo was posted online. he was nicknamed a hot cop of the castro. the crash that may have him in a lot of trouble tonight. good evening to you. thank you for joining us. i'm peggy bunker. >> and i'm terry mcsweeney. two people are recovering after a crash allegedly involving a very prominent police officer. chris kohrs is out on bail. he hit two people at broadway and montgomery street and then ran from the scene. nbc bay area's christie smith is live where it happened