away to get some oxygen tanks. it felt good being able to help out, you know. >> teri greenland lived right next door, stood beside robert, watched the fire. worried about the pretty young mother trapped in there, ann charles. >> she would come outside, play with the kids. we would talk here and there. but she was a really nice person. >> and something good. ann's two daughters, katie and wendy, escaped unharmed from their downstairs bedroom.

but that left ann and little thomas, just 3 years old, unaccounted for. somewhere upstairs. >> we put the fire out and then we started checking the bedrooms for occupants. >> nothing good after that. upstairs firemen found little thomas on the floor beneath the window, dead of smoke inhalation. chief gentry steeled himself for what might be next. he felt his way through debris and lingering smoke to ann's room. >> i crawled over to the bunk bed and that's where we found a victim in the bunk bed and that person was secured in the bunk bed, both hands and both legs. >> tied up? >> yeah, tied up. >> now that was an entirely different complexion on things. this wasn't just a fire. >> so what did that tell you? >> right there, that keys up, this is a crime scene. so, we basically extinguished the fire, left everything as is.

>> and then forensic investigator larry cueto took over. >> one thing that jumped out that was out of place, a five-gallon bucket sitting in the middle of the living room floor with an empty bottle of rubbing alcohol. >> empty bottle of rubbing alcohol? >> it didn't look like it belonged there. >> upstairs scattered near ann's body, cueto found three aerosol cans, quite possibly accelerants, liquid kindling for fire. >> there was a valve of melted plastic consistent with smoke detector melted and laying on the floor. and then there was a battery, nine-volt battery that looked like it would go to a smoke detector in the sink. >> somebody had taken it out of the smoke detector? >> that's what it appeared to be, that someone had removed it. >> so cruel and deliberate. all the more shocking in a town where murder is exceedingly r e

rare. >> how did it hit you and members of the department? >> well, you have a victim and you also have a child. the child, of course, that always touches you in a different way, excuse me, because it's a 3-year-old child. >> yeah. these things do touch you personally, don't they? outside, curious onlookers were a beat behind. all they knew was that ann charles and her little boy were no more. >> it's just devastating to me. i was in shock. especially about that little boy. >> yeah. >> and still didn't know what had happened really. >> wasn't long, though. watching the silent, stern faces streaming in and out of that little house. a person couldn't help but put two and two together. >> it was very scary. i think the whole neighborhood was scared. >> and right there in that very neighborhood, police would find their suspects. when we come back --

>> they had recovered a knife. >> quick work from investigators. two suspects. two confessions. >> it was supposed to be routine. go in, find her purse, take her money and then we leave. >> were they telling the truth? the family favorite. yoplait. well at least he's wearing shoes. well done champ. get gooey, flaky, happy. toaster strudel.

♪ at first, it was just a rumor that sped around the little town of virginia that february 2003. soon, everybody knew it was true. it wasn't any ordinary fire robert davis witnessed. >> you hear about it in the grocery store or the gas stations or stuff like that. >> so it was clear that it was a murder? >> yes, sir. >> ann charles and her 3-year-old, thomas, were dead,

horribly. the forensics man, larry cueto, got a better look at it than anybody. >> probably one of the more horrendous cases i had worked in my career. >> larry couldn't give investigators much to go on. few small footprints in the snow outback. forget dna. any possibility of finding that was flushed away by fire hoses. >> and then i get word from the medical examiner's office, they had recovered a knife that was sticking in the woman's back. >> what did you think when you heard that? >> i went back to my photographs and sure enough in the middle of her back was the knife. >> so, someone stabbed her. but who? firefighters tipped police that a brother/sister duo across the street, rocky and jessica fugan had been watching the fire, claimed to know the victim. robert davis and his friend knew them, aggressive troublemakeers in high school. >> people were afraid of them. they come through the hallway,

people would just move out of the way from them. try not to be around them. >> kevin's friend, the shy and awkward robert, seemed to be a favorite target. >> they used to pick on him all the time. they called him retarded, fat, ugly, stupid. >> robert said he tried to ignore them but they knew his vulnerabilities. >> i tried to keep my distance from them where i could, stay cordial whenever we were in close proximity to each other. >> safer that way, said robert. in any case, detectives paid a visit to their house, where they marched the pair down to police headquarters for questioning. rocky admitted he was there, to rob the place. >> detective phil giles interviewed jessica. >> she eventually acknowledged she tried to say it was somebody

else first. and then at some point put herself there. >> it was supposed to be routine. we go in, find her purse, take the money and then we leave. that was all that was supposed to happen. >> but then rocky went way off script, said jessica, tied ann to her bed with duct tape. >> who set the place on fire? >> rocky. >> who stabbed ann in the back? >> rocky. >> okay. >> jessica told detective giles the murder weapons were a kitchen knife and metal rod for bludgeoning. >> we drove her out there and we walked the entire path until we got to the hole. she said that's it, right there. and lo and behold, we had evidence. reached in, discovered those two items were there. >> what was that like? >> you know these are intimate details and only those involved will know where the instruments

are that were used. >> sure. >> that was that. they had the story and culprits. except tlfs there was one very more significant detail offered up by both jessica and rocky, something the town's rumor mill failed to catch by the time kevin and robert went out for the evening a couple of days later. >> we went bowling. we went out to eat. just had a grand old time. >> by that time, it was after midnight. about time to go home, to bed. >> sitting in the parking lot, talking, just laughing. and all of a sudden, multiple police cars pull up. they get out, guns drawn. they ordered me out of the vehicle first. they get me walking backwards to them with my hands up. >> then, through all the terror and confusion, it dawned on kevin marsh, it wasn't him they had come for. >> then i see them getting robert out, kicking him by his feet, knocking him to the ground, ramming his face into the asphalt, putting him into

handcuffs. >> the story the brother and sister told the police, they had come polices when they murdered ann charles. and one was robert davis. coming up -- >> i was scared. i was shaken. >> now it would be robert davis' turn in the interrogation room. >> why don't you tell me, robert, what took place

by all accounts, including his own, robert davis was a mama's boy. because of his child-like ways perhaps or his learning disabilities maybe. >> he's easy to play. he's like me. he has a kind heart. he's gullible. >> robert seemed to need his mother to protect him from the big, bad world. while he took care of her when she was attacked by chronic illness, medication for which tends to slur her speech. >> he's a big dude, but he's a teddy bear. he always wanted to grow up and be in health care and nursing, like i was. >> robert did get into trouble once over a petty theft and his learning disabilities landed him in a special school for several years. but the good thing, a family acquaintance was the school resource police officer. his name was randy snead. he had known robert and his mom for years. robert looked up to randy,

trusted him. so when officer snead, now a detective with the police, went looking for robert, she told him without hesitation where he could find her son. >> i said is he in trouble? he said serious trouble. >> but sandy had no idea how serious or what was about to happen in that parking lot where robert was hanging out with his friend. >> guns pointed at you. you wonder what's going on. i was scared. i was shaken. >> why robert? because the cybills told police they had come poliaccomplices f high school and he was one of them. >> this kid has no idea what we're talking about. he is clueless to what we're asking him. >> so they had lied when they fingered him. the kid was eventually released. but robert? robert had a far different

experience in the interview room, and a different detective. >> and there, sitting across from you was randy snead. >> randy snead, yep. >> you knew him? >> i knew him since i was 12 or 13. so, i was on a first-name basis with him. >> kind of a friend? >> yeah, because i've known him for so long. >> why don't you tell me, robert, what took place that night? you tell me. >> i was at my house, man. >> at first, robert swore he was innocent. but six hours later, he had confessed to murder. >> i stabbed her. >> you stabbed her, didn't you? >> everything you told me is true, correct? >> true. >> everything you had done and have been part of is true, correct? >> true. >> later that day, officer snead allowed robert to call his mother. >> i said, robert, what did you say? he said since they wanted to hear that, i told them fine.

>> what did it feel like when you heard that from your son? >> i felt like i was going to have a heart attack and die. >> around the neighborhood, people who had known robert for years couldn't believe it. >> he was always polite, and i knew robert was a follower. and i just still couldn't believe that robert was involved. >> and yet the boy said it himself. >> why would he confess to something that he didn't do? >> robert's mother couldn't afford an attorney, so the state appointed one for him. steve rosenfield. >> what was your impression of him when you first met him? >> robert was scared to death from the first meeting and forever. >> and then robert told attorney rosenfield just about what you would expect an accused murderer might say. he didn't do it. he didn't stab anybody. he wasn't even there. he only confessed, he said,

because he was so scared. >> did you push hard enough to find out whether or not he was actually telling you the truth or playing you? >> i take what the client tells me and i do an independent evaluation, based on what i learned. >> so, he watched the tape of robert's confession, which didn't look right to him. besides -- >> there was no physical evidence at the crime scene to tie robert to the crime. >> but just as intriguing was this question. >> why would rocky and jessica include a kid like robert? >> the fugate siblings, as the kids at school and in the neighborhood knew, bullied robert merslessly. he was terrified of them. surely he wouldn't help them murder the neighbor lady. yet rocky fugate was going to tell the court just that. >> his lawyer advised me that rocky wanted to get a favorable sentencing and was going to be testifying against robert. >> so, big problems.

rosenfield knew from long experience that any jury hearing rocky's testimony and robert's confession would certainly convict. robert would very probably get a life sentence with no parole. robert's only chance of ever getting out of prison was to agree to something called an alfred plea. >> we told robert that if you plead guilty under an alfred plea, you admit that there is sufficient evidence to prove your guilt but you do not admit that you're guilty -- >> it meant accepting a 23-year prison sentence. it also meant he could never file an appeal. >> 37 years of practice, it is the hardest decision that i've made to strongly recommend a client to take a plea for something he didn't do. >> but at least it wasn't life. he was sentenced at 20, would be free in his early 40s. >> the day i was standing in front of the judge, accepting

that alfred plea and just praying that one day, hopefully, the truth will come out, that i wasn't there. >> the fugates avoided the death penalty but got what amounted to life without parole. and steve rosenfield faithfully drove out to visit robert in prison, knowing the only way to get him out would be to persuade the virginia governor to issue a pardon. fat chance of that. >> pretty big long shot of getting him out before the 23 years for which he was sentenced. >> and then, two years after robert went to prison, rosenfield opened the mail and found a letter from, of all people, rocky fugate. >> dear mr. rosenfield, i have some information about robert that i think can be awfully beneficial. you are welcome to come visit me. >> snail mail. rest assured, pete rosenfield's drive to the prison was much

quicker. coming up. help is on the way from inside prison walls. and outside. >> this is one of the most intense interrogations that i've ever seen. >> that interrogation will soon be the key to the case. >> i can't lie about the evidence. >> he's lying about lying. ♪

grocery shoppers of america! take your o organics baby carrots. take your eggs. even your o organics chips. and join the organic movement. organic food is no longer just for the privileged few. now everyone can afford to go organic. o organics,

exclusively at safeway.

attorney steve rosenfield was in for a big surprise when he arrived at rocky fugett's prison. >> it was shocking. >> it certainly was. rocky wanted to sign a sworn affidavit, saying robert davis was innocent, had nothing to do with the murders. >> that was pretty powerful for him to do that, considering his circumstances. nothing to gain. >> but rocky's admission wasn't enough to undo robert's confession. and then seven years into robert's prison sentence, rosenfield answered the phone call and there she was. laura niryder acres leading expert in false confessions by young people. she represents brandon dassey of "making a murderer" fame.

she helped us understand what happened to robert as we watched the interrogation unfold. >> this is one of the most intense interrogations i've ever seen. >> you have the right to remain silent. anything you say can, and will be used against you. >> you have these officers very close to robert, who is a big guy, pushing him in the corner, increasing the pressure without even touching him. >> randy snead, a man robert long trusted, does the interview at 2:00 am, at which point robert has been awake 18 hours. again and again -- >> start telling the truth. >> robert insists he was innocent. >> i swear to god. >> nine times robert asks for a polygraph. >> i will take a polygraph test right now. i am being honest. i will take a polygraph test. i have said that how many times? officer snead, i was not there. i will take a polygraph test to prove i was not there. >> you have someone who offers

to take a polygraph, that's a strong sign of innocence that should not be disregarded. >> then his partner ups the ante. they have evidence, he says. >> we know you were in the house. we have evidence to prove you were in the house. >> they don't, by the way, have any evidence of that. though, it is legal for police to lie in an interrogation. >> there were a lot of people. >> just after 3:00 am, robert asks for his medicine. he has strep throat, remember? he's also asthmatic. >> i need my third dose i have not taken it. >> i will get you the p penicillins. you work with me and i will work with you. >> i want to go. call my mom, tell her that i love her, sorry for everything i ever put her through. i thish no to do with this. >> more than a dozen times he says he's tired and needs sleep.

several times he tries to sleep on the cold floor. at 5:17 am for no explained reason they attach shackles to robert's ankles. more than four hours into the interrogation, randy snead tells robert he has more bad news, overwhelming evidence of robert's guilt. >> i've got evidenced out the ass of human skin. that's dna. i can't keep you from the worst, robert. >> i wasn't there. [ bleep ]. >> robert, you were. you were there. the evidence shows you were there. the evidence shows it. i can't lie about the evidence. >> and not only was that false. there was no dna found in this case, but the officer then goes on to say, i can't lie to you about this, robert. in fact, he's lying about lying. >> officer snead tells robert he faces what snead calls the

ultimate punishment. he also says, falsely, that he has been talking to robert's mother on the phone. >> i told your mom that i would sit here and try to keep you from the most ultimate punishment you can get. and i'm trying to do that and you're not even help meeg help you. i can't do no more. >> what was going on there? >> there you see the police officer saying to robert he's going to face death and the officer very cleverly using robert's relationship with his mother. >> and that's when robert's resolve begins to weaken. >> what can i say that i did to get me out of this? >> five hours in, robert begins to bargain. >> how many years is it going to be if i was just on the porch? >> how many years is it going to be if you're just on the porch? robert -- >> when will i go home? will i go home today? >> i can't promise you. i'm going to do everything i can

to make sure your mom and maybe get you home. >> hoping it might get him home to his mother, robert offers a story he hopes will satisfy snea snead. >> i stood right there at the door. i got scared and i freaked and i ran. >> robert, you're sitting here, trying to tell me and hide from me the act that took place is ridiculous. >> then snead lies to robert again this time about one of the murder weapons. >> there's an item that you touched, all right, that left some particles on it that did some damage to somebody. what was that object? >> i think it's a bat. >> a bat? >> a baseball bat. >> all right. some type of clubbing device. >> clubbing device. >> sneasm d knows the weapon was really a metal rod. >> i hit her two times because they said if i didn't -- >> wait a minute. i got somebody else clubbing

her, robert. i got someone else doing that act. >> robert had it wrong. >> hit her in the head with this -- >> jessica already confessed that rocky clubbed ann charles. >> you know what that act is. and we know. that's the thing that has your -- something on it that's yours. >> >> what? >> i'm not going to tell you. you're going to tell me. >> robert starts guessing. >> i didn't rape nobody. >> no. no. >> i didn't kill the baby. >> no. i'm not saying that. i'm not saying that you raped anybody. >> i didn't cut nobody. >> i didn't say you cut. >> i didn't shoot nobody. >> i didn't say you shot nobody. robert, i'm going to tell you what i'm getting, all right? since you're not going to tell me. you stabbed that woman. >> i stabbed her. >> you stabbed her, didn't you? >> then snead asks robert where. >> whereabouts on her body?

>> in the middle. >> snead corrects him again. >> prior to stabbing her in the uh -- in the back, all right, you cut her. >> it was essentially the police's confession, not robert's. >> telling you this, it's going to get me home tonight? >> i doubt it. >> then why am i lying to you about all this so i can just go home? >> you're not lying to me. >> i am lying to you, full front, full front to your face. >> i'm lying to you just so i can go home, which is exactly what is the motivating factor for falsely confessing. >> 8:00 am, six hours after the interrogation began, randy snead has his confession. >> what you said to me this morning to me, is that a true and accurate statement? >> yes. >> okay. >> when rosenfield delivered the

clemency position to governor bob mcdonald, evidence in support. as they waited for an answer -- >> out of nowhere, jessica sent a "dear mr. rosenfield" letter, and she admitted to the throat cutting, stab wounds to the back and absolutely adamant that robert had nothing to do with it whatsoever. >> so, jessica's affidavit was sent off to the governor, too. and everybody waited, and waited. and then on the governor's very last day in office, more than nine years into robert's sentencing, a decision. denied. rosenfield, devastated, drove to the prison to tell robert. >> robert and i hugged. we cried. probably about the most painful part of this process. >> robert's only door to freedom

slammed shut. a world away, someone else was watching robert's case. could his opinion make a difference? coming up -- >> isn't a confession the strongest evidence you can get? >> not always. >> the police detective in robert's corner.

- it only takes one genius to change a light bulb--you! led bulbs use 85% less energy and last a long time, saving you up to $100 over each bulb's lifetime. so change yours today.

♪ this is the coffeewood prison in mitchells, virginia. robert davis' home. this, and other places like it, for something like 40% of his life. every moment of those years dictated by one, long night with officer randy snead, miserable, exhausted end of which robert said the words he cannot take back. >> you stabbed that woman. >> i stabbed her. >> you stabbed her, didn't you? >> multiple time. >> most people would say i would never, ever, in a million years, confess. >> or how could you be so stupid and not know, you know. >> uh-huh. >> i was young. i didn't know. i was naive, you know. i was scared. >> robert is not alone, of course. there are people like him in situations just like his in jails and prisons all around the

country who confessed as teenagers to crimes they maybe didn't commit. in fact, to prevent that very thing, police departments in many other countries banned or dispensed years ago with interrogation techniques still used in america. if a murder happened elsewhere -- for example, here in the united kingdom, it's probable that robert still would have brought in for questioning. he was, after all, named as a suspect by others in the case. but the chances he would have been charged or even interviewed for very long, close to zero. >> the interview, as it is on the recording, would not be legal in the uk and that evidence would not have been admitted into trial. >> this is andy griffiths, internationally known for his interview techniques. when he was a rookie, british interrogation rules awere much

like they are in the u.s. but not anymore. >> what happened to precipitate these changes in the united king dom? >> changes really came about through problems. >> like a national scandal after a series of high-profile false confessions, including an arson/murder case, eerily similar to robert davis'. >> instigated a whole review of the way suspects were handled in custody. >> every officer in the uk retrained to rigorous standards that apply in every region of the country. strict rules were put in place for suspect interviews, all interviews in serious cases video recorded. >> there are two cameras up there. one gives a head and shoulders shot of the interviewee. and the idea behind that, if it was shown in court it gives a clear picture of you. the other is a global view of the room. everyone who is in the room is shown in the picture. that's about showing exactly

what happened. >> and this was key. no more lying. in america, it's legal for cops to lie to suspects. not here. >> could you, for example, go into this interview and say, i have a certain, specific piece of evidence that tells me you're guilty if you don't have that evidence? >> no, absolutely not. >> can you talk to a suspect for as long as you want to? >> no. you should only interview for two hours at a time and you should take recognized breaks at mealtimes, prayer times and nighttime. >> and someone a little challenged, like robert? >> they're entitled under the law to what's called an appropriate adult. that might be a parent, might be a social worker, but they're entitled to that, as well as their legal representative. >> but when the interrogation rules were changed, veteran officers were not happy. they resisted. detective trevor bowles remembers it well. >> senior people thought that this was a draconian piece of legislation that was going to

prevent us from ever detecting anything ever again. >> never solve a crime anymore. >> you would never solve a crime anymore and it was going to tie our hands behind our back and we would be unable to work with it. and they were wrong. >> very wrong. not only did false confessions all but stop, crime solving got better. >> detection rate in respect to homicide in the uk are very high. they're up in the 90% mark. >> and, along the way, said griffiths, confessions to hallmark solving a case are almost absent. >> if someone did make a confession, we would try to corroborate what they said so you have the supporting evidence as well. >> isn't the confession a strongest evidence you can get? >> not always. >> what's wrong with it? >> what confessions tend to do is bias.

because the confession exists, people like for confirmation. >> we asked him to watch with us robert davis' interrogation. >> the problem is, he was arrested last. what they're saying is you just need to confirm what we know. not a good approach for an investigator. >> you're obviously lying. >> but i'm not. i'm ready to go to sleep. i did not do nothing. >> the length of the interview, time of day of the interview, use of leg irons halfway through the interview. the clear requests for medication and sleep at various points of the interview were all red flags. >> when you looked at the whole thing, as you did, you sat back and thought afterwards? >> the lifeblood of any account is reliability. and the way this is done is you can't vouch for the reliability. >> we asked for his opinion, and he gave it to us.

robert's confession wasn't believable. what we didn't expect was what happened a few months later. when this british detective spoke to steve rosenfield and offered to write virginia's governor, adding his support to robert davis' clemency petition, a petition now waiting on the desk of a new governor. coming up -- >> i believe that the confession is an unreliable confession. >> strong words from the chief of police and from the governor's office. the wait begins. denny's introduced new buttermilk pancakes

and now we're introducing free pancakes for kids. who's crazy idea was this? well, we're pretty sure we know who. for a limited time, kids get our new pancakes in any of these flavors, free.

i have never been emotional in a presentation as i feel in this case, because i've grown very close with robert. >> for years, steve rosenfield made his case for robert davis to legal conferences, to anybody who would listen. and robert remained right where he was, in prison. during those same years, we tried repeatedly to contact and interview randy snead, the officer who took robert's confession. but as close as we got was the current chief of police of albemarle county, steve sellers. he wasn't in office but -- >> i think he acted in the best

interest, i think. there wasn't a bit of malice in his actions. i think he had a very strong relationship with robert davis. >> but this was interesting. chief sellers did not support snead's interrogation. not at all. >> i will say this. i believe that the confession is an unreliable confession. >> what's more, the chief updated police methods when he took over, to help prevent the kind of interrogation that ended up in robert's confession. >> as you look at it, one thing that would not be done? >> using terms like "the ultimate punishment," length of the interview. >> i know what took place. >> those kinds of things would keerly not be done today. >> cold comfort for robert davis who, by 2014, had been in prison going on 11 years. a decade plus to go.

unless -- there was a new governor, terry mcauliffe, in office now. rosenfield renewed his appeal for clemency. >> so, he was well aware that a tiny percent of said petitions are ever granted and month after month went by, it wasn't clear what, if anything, was happening. >> what's disturbing about the clemency process is that it's secretive. >> what rosenfield didn't know is that this time was different. the governor, in fact, ordered a new investigation. >> law offices. >> just before christmas, 2015, we were there when the call in from the governor's office. >> staes steve. >> there it was, finally, the words he had been hoping to hear, year after year after year. robert davis was about to be set free. >> i'm elated. just in time for the holidays. today is robert's mother's birthday. come on, sandy, pick up. >> hello?

>> sandy, it's steve. set another plate for tonight's dinner. i'm going up to pick robert up. >> oh, my god! >> this will be the last time i ever see this prison. >> at last, the final drive to robert's prison with the news that both had dreamed of for all those years. >> hey, robert. >> hello, hello, hello. >> how are you feeling? >> i'm elated. words can't describe it. words cannot describe it. i'm just so happy. if it wasn't for that man fighting for me right there, i wouldn't be out right now. and this is just overwhelming right now. >> i'm outside of these fences, man. >> hello? i'm just getting ready to pull out.

yeah. it's unreal, mom. as long as this isn't a dream, i'm leaving right now. >> and that very night, robert was together again with his mother, his brother and freedom. >> robert! it's you! it's you! this is my boy. he's home. >> how does it feel out here? >> it feels great, man. >> a few weeks later, we came here to see robert in his new apartment in charlottesville, virginia. his very own apartment in which he tells us there is no room for bitterness. there's too much to do. >> so, here we are. >> yep. this is my humble home. >> not bad. >> yeah. yeah. >> how does it feel? >> it feels great, man. i haven't stopped smiling since i come home. >> i can tell. what are you planning to do with your life now?

>> get a job and thrive. i've got this opportunity and i don't want to squander it, you know. >> he's got a job, working in a neighborhood deli. and he lives under the protective eye of the man who never stopped trying to prove his innocence, and who hasn't stopped yet. robert's pardon was conditional, meaning he has a patrol officer and ankle bracelet and still a record. >> i don't think the final chapter has been written on the robert davis story. this governor expressed to me that the door was open for a reconsideration toward an absolute pardon, which would erase, expunge his conviction. >> like he was never arrested at all, didn't have a record? >> that's a possibility down the

road. >> which is the least robert deserves. robert and untold others, now languishing in american prisons, who confessed under duress to something he didn't do. >> slowly, these stories are beginning to make headlines. now we see, eyes are beginning to open. questions are beginning to be asked around the country. and that is what happened in robert davis' case. >> one night of your life made a hell of a difference. didn't it? >> yep. yep. >> you know, it's a small town. have you ever run into randy snead? >> he lives here. i haven't run into him. if i were to see him walking down the street, i would probably just keep walking, because i don't really have nothing to say to him, except for i told you so. i told you that i was innocent. >> so he was. so he is. that's all for now.

i'm lester holt. thanks for joining us. people ev bay tonight -- because of a raging ldfirtoday's heat isn't and tomorrow... will bring no relief. ==terry/2-shot== theew people evacuated because of a fire and tomorrow will bring no relief. good evening. thank you for joining us. i'm terry mcsweeney. >> i'm peggy bunker. the area is dealing with heat. several cities in the bay area broke or tied records today. that includes san francisco, where the airport saw a high of 94. in san jose it was a sweltering 97. more heat is on the way. >> meteorologist anthony slaughter has a look at what we can expect. >> you can see as we look at the north bay we had some fires there this afternoon.