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start healthing. ? yeah, click ? she was like the sister i never had up. don't want to believe what you're hearing. this can't be real. it's terrifying. because who's next? >> it was the house in the country she always wanted. >> she looked for it and then she found and she's like, this is it. >> until someone turned it into a house of horrors. >> 911. what's your emergency? >> my wife and my son are both shot. i need help. >> nicole had been shot in the back of the head. taylor had been shot in the face. >> it looked like a murder/suicide and then the questions started. >> one of the investigators

house? if both victims were inside? >> it was fresh blood on the rag. >> and if you can't reach the trigger, how do you shoot yourself? >> to reach the trigger with your finger to do it, you really can't. >> was it a murder/suicide? >> i said, i need to know what happened. i need you to tell me the truth. >> or did someone just want it to look that way? >> no witnesses. no dna. no fingerprints. lacking. >> two deaths, two trials, one truth. >> the last time i saw her she said, avenge me if something happens to me. you avenge me. >> i'm lester holt and this is "dateline." >> here's andrea canning with "the trouble in quitman." >> the white dove.

fidelity. one young woman was so moved by their grace and beauty, she turned her passion for do you haves into a business, releasing them at weddings and also funerals. >> she enjoyed helping families grieve. it just melts you. >> nicole payne believed in the power of image. someone's spirits flying to heaven on the wings of a dove. this time they final gesture of peace after an appalling act of violence. >> she was just a gentle, happy soul. she loved people. >> nicole's mother says she made be a parent easy. >> her brother came in screaming. she just came in peaceful and happy. >> she looks like that in her pictures.

the country life in the piney woods of east texas. >> she was definitely a free spirit. she was fun. >> michelle was nicole's friend. sarah hawthorne was her sister-in-law. >> she was going to have fun whatever she was doing. loved digging in the dark. she was going to your house, first thing she was going to do is drag you out in the yard, show you what she plant. loved her animals. she had dogs, her pig an unusual makeover. >> she loved all that to the extent of painting the pig's toenails. >> are you serious? >> yes, she did. yes, she did. >> what color? >> pink. >> i was going to say, like a hot pink? >> yes, it was pink. she never ceased to amaze me. >> when she was 28, nicole had a first date with jason payne, a 31-year-old from louisiana. he was handsome and seemed

was all it took. they were smitten. melissa is jason's sister. >> could you see the attraction? >> oh, yeah, she was beautiful. oh, my gosh, yeah. and i could just see it with him. his face was lit up. >> they fell in love and got married before friends and family even knew they were dating. it was a whirlwind romance. >> when she told me she married jason payne, it was a shock. she married him in two weeks of knowing him. >> so, how did nicole seem when you met her new she seemed happier than she had been. >> it was a second marriage for nicole and she brought two boys with her. 9-year-old taylor and 10-year-old daniel, who had been adopted from foster care. jason took both boys under his wings. >> he came in and said i'm going to take the responsibility of raising these two kids as they're mine. so i had a dad and mom i could call my own. >> for the first time, daniel settled into a real family life, sharing a room with taylor, one

>> tell us about taylor. what was he like? >> he was a really cool kid. he was a little ee centric but overall a nice guy. we grew up with pokemon in the playstation era so we spent a lot of time playing video games with each other. >> the taylor i got to know was quiet. he never was in groups. he would shy away and just go play video games. he was just different. >> jason taught the boys how fish and hunt. >> i think he was like, this is your way into manhood, you know. you're going to learn to shoot guns, so we started off with like bb guns and then we shotguns, 30-30s, whatever. >> you both became experienced with guns? >> yes. experienced enough to where they would trust us. to where we walked out the gun to go shoot it, we had access to it. >> nicole and jason eventually had two babies of their own. jackson and remington.

bunch, despite nicole's assurances, daniel always worried he was one step away from yet another foster home. >> i was like, they're coming to get me. they're coming to get me. she said, look, we're adding on but your place here is not changing at all. >> it's so sweet. >> yeah. >> she worked hard to make you feel loved. >> yes. >> the couple struggled to make ends meet, especially after jason had a serious car accident. how badly hurt was he? >> he had had a spinal injury that eventually required surgery, so he was off work for a couple years. >> eventually, jason received a $9 $00,000 insurance settlement. even after lawyers' fees, there was still enough to buy a piece of the american dream. >> what did they do with their

used cars. >> the house was in the little east texas town of quitman. nichole loved making. her own. she bought furniture and plant roses. jason splurged on a new fishing boat. they built a coop in the back for nichole's doves. >> how did the house seem at the new house? >> better. she looked for this type of house. she looked for it and found it and he made it happen. >> how did the relationship seem between jason and -- >> stronger? >> stronger? >> yeah. much stronger. in. >> november of 2007 the things were going well for the paynes. the kids were happy and healthy. the christmas tree in the living room signaled the start of the holiday. then on a tuesday morning, it happened. >> my wife and my son, they're both shot. >> say again, sir. >> my wife and my son are both shot.

life was shattered by the blast of a high-powered rifle and that dream house in the country was now a crime scene. >> what happened in that house? when we return -- >> nichole had been shot in the back of the head. taylor had been shot in the face. >> a wife and her son suddenly gone. a husband in shock. >> this guy fell to his knees and cried. that was the first time i had ever see lean. mmm, cushiony...and we can use less. charmin ultra soft gets you clean without the wasteful wadding. it has comfort cushions you can see that are softer... ...and more absorbent, and you can use up to 4 times less. remember, that's charmin in there... no wasteful wadding!

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part of the charm of quitman, texas, is that not much happens here. it's home to some of the world's county seat. with a population of 1800, this town is definitely on the sleepy side. >> quitman is a rural community. you can hear the wind blow out here. it's a quiet place. >> miles tucker is the sheriff. >> murder is a rare thing to see in a community like this. it don't happen too often. >> back in 2007, tucker was the lieutenant in charge of criminal investigations. >> 911 call comes in. i'm at my desk.

shot. i need some help. >> hold on. just stay on the line with me. >> i have to carry my little girl outside. >> lieutenant tucker rushed to the scene. >> i meet a man here at the house, holding a child. i assume that's my caller. >> it was the caller. jason payne was holding his daughter in his arms. he stayed outside at the lieutenant went through the house, taking an inventory of everything he saw. >> there was a television over in the corner. had caron i'm noticing the christmas tree. i'm noticing the christmas decorations. >> the holiday cheer in the living room was a stark contrast to the tragedy tucker found in the rest of the house. >> nichole had been shot in the back of the head and it appeared that taylor had been shot in the face. >> 35-year-old nichole payne was in her bedroom. her 16-year-old son, taylor, was in the garage that had been converted to his room.

it was a gruesome scene. just massive amount of blood. you could obviously tell that a high-powered rifle had been used. >> a single bullet not only killed nichole, it tore through her bedroom wall and landed outside. when tucker walked into taylor's room, he immediately noticed a weapon. >> there was a rifle there between his legs. he was on his own bed. forced entry at the house. no signs of any struggle indicating a home invasion, but there was taylor sprawled out on his bed, as if the force of the shot knocked him onto his back. the rifle was at his feet, with the barrel pointing up. the depth of the tragedy hit tucker hard. >> taylor, being the age that he was, just a bright future ahead

sad. >> the crime scene investigator at the house told lieutenant tucker at the house the evidence was telling a clear story. >> he believers that taylor had shot his mother and then shot himself. he was 100% sure that it was a murder/suicide. >> tucker's team finished processing the crime scene. they gathered evidence to send to the lab for testing. jason was still at the house, looking bewildered. >> he was just kind of, i would say, maybe in that's about the best way i can describe it. it's possible jason was in shock. >> the lieutenant wanted to hear what jason had to say. he asked him to come to headquarters. >> he's the one that's going to hopefully be able to shed some light on everything and tell us what's going on. >> jason, we've got to find out what happened there at your house. >> jason walked investigators through his morning. he said he got his two younger children dressed, taylor was

>> he was kind of ranting and said he wasn't going to school. >> why didn't he want to go to school? >> i think he was mad over the cell phone. >> jason told investigators taylor refused to leave the house, so he packed his other kids into the car and drove his younger son to school. when he returned, he said the he made the awful discovery and called 911. >> what did y >> i don't know. i -- it was just shock. >> tucker asked jason about his relationship with taylor. >> yeah, it's good. he's the average teenager, i would -- i would guess. maybe introverted or closed. >> what about taylor and your wife? >> just normal.

i mean, cell phone, computer, you know, driving. >> knock jason said about taylor explained the outburst of violence that morning, but the obvious, excruciating question had to be asked. >> when you saw that this morning, do you think taylor shot himself? >> i don't know. i don't know. >> because jason, happened, then that's -- that's going to mean that there's a possibility that he also shot your wife. and i don't know an easy way to say that. >> word of nichole and taylor's deaths quickly reached family and friends. >> just an incredible person. she was like the sister i never had. it was devastating. >> nichole's mom was alone at

>> i was sitting on my bed and i told myself, right at this moment, i have to choose to live. i have to choose life. i have to make a decision. because i have to choose to live. >> the family had a funeral for nichole and then taylor. at the close of each service, nichole's white doves were released into the sky. >> how special was that? >> it was special because it meant so much to nichole. every phone call she made to me was -- it always started with the doves and, you know, it was a blessing to be able to release her birds. for her funeral. >> daniel remembers a moment he shared with his stepfather jason after the funerals. >> this guy fell to his knees and cried.

ever seen him cry. >> did you cry with him? >> oh, yeah, yeah. >> the family said their painful good-byes, but lieutenant tucker had a lot of work to do and a single piece of evidence was about to break the case wide open. >> announcer: coming up, a red flag. blood red. >> one of the investigators located a rag with blood on it. >> announcer: and if both victims were inside, w

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lieutenant miles tucker sized up his case. his crime scene investigator

turned the gun on himself. but tucker had some nagging doubts. >> you know, i had two victims. and i needed to know what happened. >> reporter: tucker reviewed everything he'd found at the house that day, trying to make sense of the horrific scene. when he first made his way into nichole's room, he approached the bed. and touched nichole. tucker says her body was still warm. >> she obviously had not been there very long. taylor's room, taylor was just the opposite. he was very cold to the touch. >> reporter: the way it looked to lieutenant tucker, taylor died much earlier than nichole. if he was right, taylor couldn't have killed his mother. tucker guessed someone else killed nichole and taylor, then placed the gun at his feet to make it look like a suicide. as tucker's team continued processing the scene, they found a promising clue outside.

located a -- a rag with blood on it inside jason truck, in the back floorboard. it was very bright red. so, that -- that signaled to the investigators that that was fresh blood. >> reporter: the rag was sent to a crime lab for dna testing. >> for a rag to be somewhere else outside of the house with fresh blood on it, that's -- that's a significant find. >> reporter: with the evidence they had from the crime scene, investigators became more confrontational during their interview with jason. >> yeah, pretty close. >> did you consider your -- her your best friend? >> yeah. i mean, we had falling outs, but, yeah. >> when was the last one? >> yes, day before. >> what was it about? >> i ain't -- nothing, nothing, nothing. i mean, little -- little stuff. nothing. >> reporter: after talking for 90 minutes, jason said he was tired and ready to go home. and that's when lieutenant

to do with this? did you have anything to do with killing your wife? >> you've gotta be out of your mind to think that i would have anything to do with this. and i resent that you ask these questions like i'm sitting here had something to do with it. i am sitting here trying to be as helpful as i can. >> reporter: the early moments of the investigation didn't give lieutenant tucker enough to make an arrest, or even reach a conclusion about what actually so investigators turned to the people who knew jason and nichole best to learn about their marriage. nichole's mother said trouble had been brewing. >> she wasn't happy that last couple years. and there were just signs that, you know, that something wasn't right. >> reporter: what were the signs? >> he was controlling. he was very controlling. and it -- and it just seemed to get worse and worse as time went on. >> reporter: sherry said nichole

would hide while making calls to her family. >> she said, i can't talk on the phone without him following me from room to room. i have no privacy on the phone. i have to hide in the closet. >> reporter: what would she talk to you about that she felt she needed to be in the closet? >> at that point how unhappy she was. >> reporter: lieutenant tucker says the story of a rocky relationship solidified his belief that jason payne killed nichole and taylor and staged the crime scene. that made sense to srr the thought that her grandson taylor could have killed his own mother and then himself seemed outrageous. >> that's like telling me that the -- that the sky's made out of swiss cheese. i can't see how that could remotely be possible. >> reporter: sherry spoke to lieutenant tucker about the case. >> i said, you know, i think you should be able to tell me soon

tucker was cautious. he wanted the forensic reports before making a move. weeks turned into months with no word. nichole's family was frustrated and confused. jason's family was too. his sister wanted the case to be solved. >> i just thought it was weird. i just didn't understand. i just thought it was taking forever. >> reporter: in fact, it took nine months before the key lab result finally came back. the testing on that bloody rag found in jason's tru turned out, the blood was nichole's. for tucker, that closed the deal. >> we decided that we had enough to -- to write a warrant for jason and to arrest him. >> reporter: on september 27, 2008, police staked out a park where jason and his mother faye were going for a family outing. the moment they arrived, police made their move.

>> reporter: how shocking was that? >> very shocking. >> reporter: you're at the park to see your grandson and your son gets arrested for double murder. >> yeah. and we're both laying down on the ground. that was bad. that was -- i cried -- i cried all the way home. >> reporter: jason payne pleaded not guilty on a charge of capital murder. his future would soon be in the hands of a jury. coming up -- prosecutors had a possible motive. >> the defendant was running out of cash. >> reporter: and no witnesses, no dna, no fingerprints. that's a lot of things that are lacking. try mucinex 12-hour. only mucinex has a unique bi-layer tablet. the white layer releases immediately. mucinex is absorbed 60 percent faster than store brands. while the blue extended release layer lasts a full 12 hours.

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feel glade. sc johnson. it had been a lonely year for jason payne.

quitman, texas, jail cell, waiting to clear his name. he faced life in prison for the murders of his wife, nichole, and her son, taylor. jason's sister, melisa thickstun. did you ever feel the need to ask jason, did you do this? >> i did. i just looked at him, and i said, i need you to know what happened. i need you to tell me the truth. and the look on his face was like i had just stabbed him for even asking. but it's just who i am. nichole was laying in the bed. >> reporter: jason's family believed taylor had murdered his own mother and then killed himself. daniel said his stepdad was dove stated over the charges. >> jason was very much emotionally distraught from all of this, and i think it bothered him even more that everybody started to think he would even do it. i was like, yeah, there's no way. there's no way. >> reporter: but prosecutors thought taylor was an innocent victim. thomas cloudt is a texas assistant attorney general. while he wasn't involved in the trial, he knows the facts of the

>> jason payne committed this murder beyond a reasonable doubt. >> reporter: in january of 2010, jason went to trial. prosecutors told the jury they thought he shot both nichole and taylor in the morning. they think he then placed the rifle on taylor's body to frame him for the murder of his mother. lieutenant miles tucker testified he believed taylor died first. >> his body was getting stiff. so -- which is normally an indication of a body being deceased for several hours. and her body was warm to the touch. that gave me a conclusion that he had been killed before her. >> reporter: prosecutors argued one motive for jason to commit the murders was money. there was a $100,000 life insurance policy on nichole. and investigators said, they discovered the paynes were having funnel troubles. >> the defendant was running out of cash, running out of liquid

car. but his bank account had gone down to virtually nothing. >> reporter: prosecutors pointed to financial documents that showed the couple had burned through that settlement money from jason's car accident. within just nine months, one of the payne's banking accounts went from over $300,000 to a negative balance. and there may have been another issue besides money problems. something much more serious. nichole's sister-in-law testifch of leaving jason, that she feared for her life. >> she said that he wanted to burn the house down with her in it because she wanted to leave. she said, he avenge me if something happens to me. you avenge me. >> reporter: and the prosecutors told the jury there was more than just motive. >> the most telling and damning piece of evidence is the rag that was recovered from the defendant's truck.

first responders testified how the blood appeared fresh, implying jason had just used it in the crime. still, the prosecution's case was circumstantial. no witnesses, no dna from jason payne, no fingerprints. that's a lot of things that are lacking in a case like this. >> the evidence that was there speaks loudly and decisively as to the defendant's guilt. >> reporter: it was now the dee' doug parks, a veteran attorney who's handled hundreds of murder cases, said the prosecution's theory was outlandish, based on nothing more than hearsay and irrelevant facts. >> it was murder/suicide. there was no question about it. >> reporter: the defense's theory, taylor shot his mom after an argument, went back to his room and shot himself. parks argued there was no direct evidence linking jason to the crime. he also had a simple explanation

two months before her death, nichole got a fishing hook stuck in her neck. did you feel that was a very plausible reason for why that blood office that rag? >> yes. it was consistent with her having held the rag against a bleeding -- a small bleeding wound. no one ever disputed that, and there's no explanation how that would have gotten on that rag from this crime scene. >> reporter: after a six-day trial, the case went to the ju it took just a little over four hours before they came back with a verdict. guilty. nichole's mom was relieved. >> my husband and i hugged each other. our family was there and we -- we all hugged and -- and cried. >> reporter: daniel, who thought of jason as his dad, was stunned. when they read the verdict and it was guilty -- >> they're wrong. you hear about stories about an innocent man being found guilty. i'm like, you guys are wrong. you guys are wrong.

life without the chance of parole. his family, though, never wavered in its support. they started a campaign to free jason. >> so many e-mails to every talk show, to every station. >> reporter: one of those messages reached tucson, arizona, and dick blanchard. he's the founder of a website called advocates 4 wrongfully convicted. >> there is absolutely whatsoever that not only jason payne didn't commit this crime, he couldn't have possibly committed this crime. >> reporter: blanchard is a former marketing executive. he volunteers his time to help publicize cases when he believes justice hasn't been served. >> i felt that i could see this where a jury couldn't because, frankly, the jury doesn't get to see everything. >> reporter: after reading volumes of court material, blanchard was convinced jason

he created this webpage in support of jason, trying to drum up publicity for his cause. >> there really is another side to this case. >> reporter: at the same time, jason's attorney appealed his case. in february of 2013, jason's conviction was overturned. the court ruled testimony about nichole fearing for her life was hearsay and prejudiced the jury. jason would get a new trial. as devastated nichole's mom. >> murder trials are just horrendous on the family. and then on top of that, to have this group of people out there just practically, you know, making him a hero, you know, or that daash or at the very least, making him the victim. >> reporter: but for the payne family, it was a time for hope. to jason's sister, it was a sign

the clouds have part. >> yeah. there are stories in the bible where people have been in jail, and they had to tell stories. and i'm like -- i kept telling jason, i guess that right now god's got a story that you need to tell. i'm like, i'm so excited. >> reporter: excited her brother might finally be exonerated. especially after new evidence emerged that the payne family felt could set jason free. coming up -- >> you believe taylor shot himself? >> yes. garage? >> the bullet entered just to the left of the mouth, exited out here on top of the head. >> when "dateline" continues. mb? why is it all (mimics a stomach grumble) no more questions for you! ooph, that milk in your cereal was messing with you, wasn't it? yeah, happens to more people than you think... try lactaid, it's real milk, without that annoying lactose. good, right? mmm, yeah.

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sc johnson. in march of 2016, jason payne faced a jury for the second time. he had already served six years behind bars for the murders of his wife and her son but his lawyer, doug parks, said this time there was a significant piece of new evidence. >> i had a lot stronger case from the science standpoint the second time than the first time, because by now, the dna had been done. i told the jury this case was about the science. and that the science would show that our client was innocent. >> reporter: in the first trial, the blood on the rifle was never tested. this time around, it was. and the results showed only taylor's blood was on it.

barrel was taylor's. it's consistent with taylor having been shot with that gun last. there was none of nichole's dna found on that rifle anywhere. >> reporter: so that shows you that -- >> nichole was shot first. >> reporter: -- nichole was shot first. >> taylor second. >> reporter: parks says if taylor used the gun last. that would mean the prosecution's timeline was wrong. >> it was critical for the state's case, absolutely critical, that taylor be shot first. if he was not shot first, their case falls completely apart. >> reporter: and while most of the evidence in this trial would be the same as before, parks insisted a lot of what the state presented was based on opinion. remember, investigators said nichole was warm to the touch and taylor cold, and that's how the prosecution formulated its timeline of the murders. but the defense said there was no science to back that up. did any of the deputies take the

>> did you feel like those tests should have been done? >> certainly if they were going to rely on that as evidence to try to convict someone of capital murder, they should have done it. >> reporter: parks told jurors investigators also failed to take into account where the bodies were found that cool december morning. >> nichole was killed inside the house, in an insulated room, and he was shot in the garage. one wall was just a metal door. you could see outside in parts of it. >> reporter: but the defense felt its strongest evidence in this trial came from the sheriff's own crime scene investigator, the very person who was on the scene the day of the deaths. he concluded that taylor killed his mother, and then turned the rifle on himself. is this a seasoned investigator? >> yes. it made no sense to me that the very person that they called to work the scene, because he's the

east texas, at that, and for them to not listen to what he had to tell them was really astounding. . >> i'm a physical evidence person -- >> reporter: larry renner was part of the defense's team of forensic experts. you believe taylor shot himself? >> yes, that's what the physical evidence tells me. >> reporter: we asked renner to demonstrate how the defense believed taylor killed himself. we placed a mattress on the floor. it's at the approximate height of taylor's bed. the rifle we provided was a similar, but somewhat longer one than the murder weapon. show us what you believe happened. >> okay. taylor was sitting at the head end of the bed. >> reporter: renner said the gun could have been as close as four inches from taylor's face when it was fired. >> he was holding the barrel with his right hand. and he then had the length to release the safety and pull the trigger. the bullet entered just to the

he drops the gun. his hand drops. he goes on over here as he's collapsing back to the position that he's found in. >> reporter: renner argued it would have been much more difficult for jason to be the killer. he believes, based on the trajectory of the bullet, jason would have had to position the gun on or near the floor, which would have been extremely awkward. >> if it was another individual shooting him, would basically have to be on the floor, shooting up. couldn't find anything that pointed to jason as the shooter. >> was there any evidence indicating a struggle, that taylor -- >> no. >> reporter: -- was trying to fight off jason? >> no. there's no indication of a struggle at all in the room. >> reporter: as the defense came to the end of its case, it called a crucial witness, nichole's own son daniel who firmly stood with his stepfather. a lot has been made of jason and nichole's relationship. and you had a front-row seat.

>> they were happy. i mean, they were always together. they did almost everything together, and they were just a typical marriage. >> reporter: was jason controlling? >> no. >> reporter: but the prosecution had its own new evidence, possibly a bombshell. coming up -- the tale of the tapes. >> i'm talking about the tapes now, and there was one that was, me and nichole. i want you to just tear those >> a different take on the shooting. shooting. >> to reach the tr ugh, this pimple's gonna last forever. oh come on. clearasil ultra works fast to begin visibly clearing up skin in as little as 12 hours. and acne won't last forever. just like your mom won't walk in on you forever. stephen! stephen! stephen! stephen! stephen! see what i'm sayin acne won't last. but for now, let's be clear. clearasil works fast. this back to school,

that new evidence would free thomas payne. thomas cloudt, who prosecuted the second trial, was just as confident payne would remain behind bars. are you trying to get everything you can for this second trial? >> yes. we want evidence. evidence tells you the truth. evidence tells you what happened. >> reporter: cloudt felt he had a powerful piece of new evidence for this second trial. he played recordings for jurors of mysterious jailhouse phone calls made between jason and his mother. >> i'm talking about these tapes, and there was was me and nichole. >> reporter: the phone calls were made about three months after jason's second trial was granted in 2013. jason asked his mother to find tapes, stored at her home. >> i want you to just tear those up. >> you don't want them anymore? okay, i can do that. >> like, pull the insides out, and then throw them on the leaves and just burn it or something. >> okay. >> reporter: do you know what was on them? >> no, no, i never heard them.

those tapes, but to the prosecutors, it didn't matter. because they wanted to leave jurors with the impression jason was trying to destroy evidence. >> whatever was on those tapes was obviously something that the defendant did not want anyone to know about. >> reporter: prosecutors still needed to counter the sheriff's own crime scene investigator who concluded this was a murder/suicide. and they had a second opinion. back during the initial investigation, lieutenant tucker had those doubts about taylor's so he brought in another forensic expert. tom bevel testified for the prosecution that this was a double homicide. so, this is a similar rifle, the exact model? >> it is the exact model, yes. >> reporter: of the one used in the crime? >> it is. >> reporter: we asked bevel to demonstrate how he believes jason killed his 16-year old stepson, taylor. >> you would be sitting on the front edge of the mattress here.

ten-inch wooden dowell in his rifle. that is the distance from -- you believe from where the gun was fired to taylor's face? >> yes. >> reporter: bevel's theory is that jason was standing in front of taylor when he killed him. he didn't have to be on the floor, as the defense said. bevel also believes that taylor was leaning back when he was shot. >> the head would have to go back as if you were way from the firearm. >> reporter: which one might expect if they were being killed? >> if you're looking at the end of a me somebody else toward your face, the natural reaction would be to move backwards. >> reporter: as for taylor committing suicide, can you show us why you believe it's not the case? >> i would be sitting -- >> reporter: remember, bevel said the gun was about ten inches from taylor's face, not as close as four, which the defense claimed. at ten inches, he says it would be very tough for taylor to pull the trigger.

out the back of the head, to reach the trigger with your finger to do it, you really can't. >> reporter: but which expert would jurors believe, prosecution or defense? after six days of trial, both sides rested. did this really come down to experts, in your opinion? >> in my opinion, it came down to the science of it, absolutely. >> reporter: a jury would finally decide if an innocent man had been wrongfully imprisoned since 2008. or whether jason payne really was a murderer. after about eight hours, there was a verdict. the jury comes back. what do you hear? >> the judge say guilty again. i at least thought a hung jury. never would i have thought guilty again. >> reporter: in march 2016, jason payne was sentenced to life in prison without the chance of parole. >> i saw the evidence. >> reporter: daniel remains convinced his stepdad is innocent.

people who truly believe jason payne is a killer? >> it's wrong. it's not the truth at all. >> reporter: to keep his mother's memory alive, daniel now has a dove tattooed on his arm. as for nichole's mom, she feels justice was served again. after more than eight years and two trials, she hopes her grandson's good name has finally been cleared. >> it was just heartbreaking to think that not only did a monster take taylor's life at 16 years old, but he also was trying to take his whole reputation and brand him as a murderer. >> reporter: sherry hawthorne is raising nichole and jason's younger children. >> ready, guys? >> reporter: she says remington and jackson are both thriving. back in quitman, the payne house has been virtually frozen in time since that dark december day back in 2007.

today in the living room. nichole's prized garden, just weeds. but her mom tried to hold onto one piece of her daughter's memory. right after nichole's death, she took some rose clippings from her garden. >> she said that this rosebush represented life, hope and beauty. i took seven cuttings off of it. and i took them home. and one by one, they all died. >> reporter: but in what she considers a gift from god, one bush unexpectedly came back and lived. >> and now i have this big, giant rosebush in my regard. it's huge. it's covered in blooms. >> reporter: do you think of nichole every time you see it? >> absolutely. it's just amazing, that one cutting, it survived. >> reporter: it should be called the nichole rose? >> that's right. maybe so. we can rename it. yeah.

i'm lester holt. thanks for joining us. this sunday an explosion in new york city injures dozens. another device is founded blocks away. >> it sounded like a million pianos dropped. donald trump ends one false claim. >> president barak born in the united states, period. >> and embraces new ones. >> hillary clinton and her campaign of 2008 started the birther controversy. i finished it. >> did he end it? or did he just revive an issue that's bound to hurt him? i will talk to tim kaine and trump campaign manager kelly ann