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tv   Dateline  MSNBC  August 1, 2020 12:00am-2:00am PDT

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friday night and for this week. thank you so very much for being here with us. on behalf of all my colleagues at the networks of nbc news, good night. i'm really sorry. i understand why they hate me. to anyone that loved him. for the role i played, i played, i'm deeply, deeply sorry. it was right out of a soap opera. the husband, the wife, the affair with the local dentist. >> blew me away. like wow. he could pull me in so easily. >> but the script turned dark when her husband turned up dead. >> everything was a blur. she just said they found him in his car outside his gym. >> we all assumed it was a health-related death.
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>> 40-year-old men don't just drop dead. too many coincidences. >> they believed it was a poisoning. >> someone else was there with him that morning. >> this is now a murder investigation. >> 100%. >> oh, my god, this can't be happening. reporter: a new love makes the world seem a little brighter. >> he had a very smooth, i wanna say, almost sexy way about him. >> reporter: makes the heart beat a little faster. >> reporter: was it passionate? >> yeah. >> reporter: but when that love is forbidden. >> i was, like, "what? how can that be? how could i not have known?" >> reporter: a family would wonder if other secrets might be hidden. >> "why would you do this?"
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"how could you be so irresponsible?" >> the whole thing was an atrocity. it wasn't a tragedy. it was an atrocity. >> reporter: it all began just a couple of hours north of new york city. a photographer's dream called the hudson valley. rolling hills. a majestic river. and quaint small towns. for linda kolman, it was the perfect place to raise a family. >> i grew up in saugerties. small schools, you know. just involved in sports and things like that. >> reporter: everyone seems friendly and it just seems kind of -- >> yeah, they're small-home towns, you know? >> reporter: it's where linda lived with her husband tom and their family. a loving home where they celebrated birthdays and holidays.
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thanksgiving 2011 was a busy time, visiting relatives, over-eating, and watching football. >> he just loved the game of football. and he was a giants fan from a kid. >> reporter: and you took him to his first giants game. >> i did. i have pictures of him, like, you know, standin' down by the field like, "look at me." >> reporter: kid in a candy store? >> yeah, yeah. it was great. >> reporter: both linda and tom had been married before, but this felt like the real deal. >> reporter: what was it about tom's personality that made him so lovable and made you love him? >> he had a shyness about him that was sweet. he had like a -- like a kinda shy, flirty kinda way. it was just adorable. >> reporter: when it came time to tie the knot they rolled the dice and eloped. >> reporter: little white chapel? >> a chapel in bally's. yup. it was beautiful. flowers, music. really beautiful. >> well, it was unusual, you know, walking through a casino
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and someone's got a wedding gown on. >> reporter: the only guests were linda's parents and tom's mom and dad, marie and tom senior. >> reporter: did they seem like a good match? >> i think they fit, yeah. >> reporter: both tom and linda had kids from their previous marriages. but a few years later, they welcomed a child of their own, ryan. >> he would say all along through the pregnancy, "i don't care if the girl or boy, i'll love it either way." you know, but i kinda knew deep down he wanted a boy. and so when he was delivered and he saw it was a boy, he cried. he was so happy. really happy. >> reporter: did you immediately see a relationship made in giants heaven after that? >> oh absolutely. >> reporter: they were a blended family his, mine and ours as they liked to call it. linda had a daughter who lived with her and tom. while, tom's two kids from his first marriage lived in colorado, brad and daughter jillian. >> i grew up knowing that my step-siblings were my siblings. it never felt not normal, you
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know? it felt like at dad's house, that was my house. >> reporter: and despite the distance, tom was very close to his oldest kids. >> i was a daddy's girl, definitely, no doubt about that he always made sure that whenever brad and i were in town that we would have fun. like we -- we wouldn't just, you know, be sitting around. we always had fun plans. >> reporter: jillian and her dad talked on the phone all the time. thanksgiving weekend 2011 was no exception. >> and i remember we hung up and we blew a kiss over the phone like we used to when i was ten and we hadn't in years and i thought that was cute. >> reporter: and when the weekend of family and football was over, it was monday, november 28th. and lucky for tom, the new york giants were on t-v. >> he stayed up and watched the football game, a giants football game. i went to bed. >> reporter: the next morning, as usual, he was up and out of the house before linda and the kids were even awake.
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>> he normally got up to go to the gym, around 5:30 and gimme a kiss on the forehead. >> reporter: after working out, like clockwork, he always went straight to his job as a physical therapy supervisor. he and linda usually texted soon after. but when linda sent him a message that morning -- >> i didn't get a response. and normally, tom's very good at responding. i was gettin' a little concerned. but, you know, maybe he's in a meeting, maybe he's, you know, whatever, he's tied up. >> reporter: she wasn't really worried until her phone rang. it was a friend of tom's named gil. >> i got a phone call from gil saying "have you heard from tom?" and i said, "no. have you heard from tom?" and he said, "no, but he didn't show up at work. >> reporter: what's going through your mind? is there concern or just, oh, maybe he's at the gym? >> tom would never miss a morning of work. >> reporter: linda jumped in her car to to retrace her husband's steps, hoping to find him. she never imagined that search would lead where it did.
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when we come back, linda's heartbreaking discovery. >> i saw his car. i was like oh, my god. >> he had gone to gym. in fact, he was still there. >> i'm like wake up. what are you doing? they're looking for you at work. i was like oh, my god, this can't be happening now. >> when "dateline" continues. still fresh...
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reporter: tom kolman wasn't the kind of guy who didn't return calls from his wife and he always showed up for work. his family says he loved his job as a physical therapist. >> he was always dedicated to, you know, his work. and he loved it so much, he went to get his doctorate in physical therapy. >> was he the type of person who liked helping people? >> he did. elderly people just loved him. he was such a sweetheart. >> reporter: so that morning when tom went m-i-a, linda was
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frantic as she jumped in her car to look for him. >> he usually goes to the gym and then to work. so -- i went to the gym. >> and i pulled in and at first i didn't see his car. but then as i pulled further through, i saw his car. >> i just pulled up alongside and i looked over. and i was, like, "oh my god." he was layin' down. >> and i thought, "he fell asleep. like, he looks like he's sleepin'." and -- so i jumped outta the car and i opened the door and i jumped in. and i was, like, "wake up. what are you doing? they're lookin' for you at work --" >> reporter: but tom wouldn't wake up. linda called 9-1-1. >> ulster 911, what's the address of your emergency? >> i'm in. i'm in the parking lot by planet fitness in kingston. i was looking my husband and found him in his car. and i don't know if he's breathing. >> what did you think had happened to him? >> at that point, maybe he had a migraine and took some migraine medicine and laid down. >> but he's not waking up while you're waiting for the ambulance, no matter what you're doing. >> his hands were really, really cold.
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and then i realized that his nails were blue. >> you've got to send somebody. >> ma'am. are you able to check and see if his chest is going up and down? >> i don't think it is. >> reporter: paramedic, tim mitzel, was one of the first responders. >> i believe we were here within about three minutes of the call. >> what did you see, as soon as you arrived here in the parking lot? >> mr. kolman's car was parked here. and mrs. kolman's car was parked here. mrs. kolman was on the side. she was very distraught. >> did you attempt to resuscitate him -- >> we did not. >> after my ex -- quick examination, i could tell that there was nothing that -- nothing that we could do. he had been deceased for a while. >> the paramedics, they just stood there. and i was, like, "what are you doin'? like, help him. just get in the car and help him." like, and they just stood there. they were, like, "no." and i was -- i just was, like, shocked, like, can you just try,
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you know the one just said, "no, he-- he's gone." and he did, he just felt so cold. >> did you just feel like this is so unfair? >> yeah, i just -- i just was, like, "oh my god, this can't be happenin' now. you can't leave us now." >> reporter: shortly after tom's friend, gil, called linda, and rushed to the scene. that's him in this dashcam video -- off to the right, collapsing in grief as he learns the news. meanwhile, first responders and arriving officers processed the scene. >> anything unusual about his body? or did he just look peaceful? >> his trousers were open h -- just a little bit. his collar was undone. his shirt was kinda pulled out. and he was reclined back in his car. and i felt like he -- it looked like he took a nap and didn't wake up. there was a little presumption that it may have been a heart attack or, you know, cardiac event, or something had happened. he was a large man. >> reporter: but since tom's death was what police call an 'unattended death', there had to be an investigation.
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detective mike thomas and lieutenant kyle berardi both worked the case for the ulster police department. they took note, of how linda, the wife, was reacting at the scene. >> her demeanor, was it exactly what you would expect from a wife making a discovery like this? >> 100%. 100%. there was nothing out of the ordinary with her -- reaction, her words. it was more hysteria. >> reporter: police escorted linda down to the station to ask her questions about tom's health. >> she had mentioned to us that he had hypertension. he had -- sleep apnea, which if you're not familiar with sleep apnea, unfortunately, they ultimately stop breathing at certain times during the night. >> that sounds dangerous. >> absolutely. he was diagnosed by his doctor as having a severe case of sleep apnea. >> did you, kind of, think that this was g -- going to be an open and shut case once you got the autopsy results? >> yeah. absolutely. and -- and that unfortunately was not -- not the outcome the next day.
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>> reporter: instead, the results would turn this tragedy into a tangled mystery. coming up -- >> 40-year-old men don't drop dead like that. >> he was always in good shape. exercised and everything. >> you look at the closest people first. usually the spouse. >> a blockbuster new clue. >> what did that video show? >> we were able to observe a white suv arrive in the parking lot. someone else was there with him that morning. >> when "dateline" continues. heck, they'd come all the way out here just for a blurry photo of me. oh, that's a good one. wait, what's that? that's just the low-battery warning. oh, alright. now it's all, "check out my rv," and, "let's go four-wheeling." maybe there's a little part of me that wanted to be seen. well, progressive helps people save
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>> reporter: just after a busy thanksgiving weekend, linda kolman found herself surrounded by family and friends again. this time it was not to celebrate, but to grieve. tom, her husband of ten years, was dead. >> think she was just in such a state of shock that it's almost like she wasn't there. >> reporter: linda's sister, debra, raced to saugerties. >> my family were there -- my parents. and -- there were some friends. i had gathered some of the close friends. >> reporter: there were so many people to tell -- tom's siblings broke the news to his parents. >> when i came home at 3:00, all my children were at my house. they were told, which was that it looked like a cardiac event and he didn't survive it. but -- we just couldn't believe it. >> why didn't you believe it? >> well, he was always in good shape, exercised and everything. all right, he's a little overweight. but still, he tried to, you know, he was -- he was healthy.
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>> reporter: his daughter jillian and son brad, found out from their mom, michele - tom's ex-wife. >> she just looked at both of us and no beating around the bush, just said, "your dad is dead." and i just-- everything was a blur. i mean, words like, "heart attack," and, "aneurism," kept flying at me and none of it was registering. it was just utter heartbreak. >> the three of us stood together hugging and then collapsed onto the floor. but it did seem to be a really long time that we just didn't let go of each other. >> reporter: they flew to new york and joined the growing crowd at tom and linda's house. >> linda was a wreck. she needed help standing up sometimes.
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she was just riddled with grief. >> reporter: as the kolmans made funeral arrangements, investigators met with the medical examiner to nail down the cause of tom's death. what they heard changed everything. >> it was undetermined pending toxicology results. >> reporter: the medical examiner explained there was no evidence of a heart attack, aneurysm, or any health related event. >> you got an undetermined cause of death on a 40-year-old male, which 40-year-old men don't -- just don't drop dead like that. >> are you still thinking that this could be medical or are you starting to think, "we could have a homicide on our hands"? >> you can think both at that point in time because we've had -- had to wait for toxicology reports to come back to -- to come up with a cause of death. but in the meantime, we're -- we're thinking -- i would say thinking the worst. until we can disprove that it's not a homicide, we've got to treat it as such. >> reporter: crime scene techs worked on tom's car and took swabs for clues. while detectives set out to
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learn more about his movements on the day he died. linda told police the last time she saw tom was the night before, watching football. she assumed he left for the gym the following morning around 5:30, so investigators pulled security video of the parking lot to see what that could tell them. it was dark and grainy but revealed a lot. >> in the video itself we were able to observe a white suv -- arrive in the parking lot of planet fitness and that was about 4:30 in the morning. ten minutes later we actually see thomas kolman's vehicle pull into the parking lot and park right next to this white suv. >> that's when we knew that obviously someone else was there with him that morning. >> the plot really thickened, i'm sure, after seeing that video. >> yes. >> so this is the planet fitness right here? >> this is planet fitness to your right. this is -- >> where -- >> where tom worked out every morning. >> i'll pull into tom's spot. >> reporter: bill weishaupt is a retired f-b-i agent and the
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chief investigator for the ulster county district attorney. he showed us in the light of day what's hard to see in that grainy video. >> this is exactly where tom was parked, right here. which is-- as you can see, it's a great distance away from the planet fitness where he normally worked out. and so this would not be a normal parking spot to pull into at that hour in the morning to work out in that gym. >> and the mystery suv pulled up where? >> mystery suv pulled up right here. so they were both facing -- which is -- this is north. >> could you identify a person, a make, a model of the car? what details were you getting? >> no, it was pitch black. these lights were not providing any illumination at all. the only thing we could observe was that the two vehicles were parked side by side for about 30-35 minutes. >> reporter: the mystery s-u-v left around 5:30am. but tom's car never moved. >> what does that tell you? >> there had to be contact between the two to meet at this point, at that hour. so we knew now that someone had met with him prior to his death.
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and we now have to figure out who that is. >> reporter: easier said than done, of course. >> we just pulled up here. and lo and behold, there was a white suv here beside us. there is a white suv there. there is a white suv there. once you think about it, there's a lot of white suvs. they're everywhere. >> they're everywhere. >> reporter: but thanks to the video, investigators now thought they had an important lead to help narrow their search. >> whoever tom was interacting with in this white suv, he was expecting him. and he -- he knew him. >> reporter: time for investigators to start looking at tom's inner circle. picking apart his simple suburban life. >> linda kolman, i would imagine, would be someone that you would wanna look closely at. >> no question. if there's a death that is not a natural death, you look at the closest -- people first, usually the spouse. coming up --
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>> he did want to talk to me. >> soon they discover another reason to take a look at linda kolman. >> we had a relationship. >> sexual relationship? >> he's having an affair with linda koleman. >> it caught us off guard. >> when "dateline" continues.
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here's what's happening on friday. testifying before the house coronavirus sub committee dr. fauci is confident americans will have access to a vaccine beginning in 2021. at that same hearing the nations testing czar said getting coronavirus test results within the 48 to 72 hour window is not possible given the current testing demand. if testimony comes as cdc predicts the death toll could top 180,000 by the end of august. back to "dateline."
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reporter: with no obvious medical explanation for tom kolman's death, ulster police decided to treat it as a possible homicide, but said nothing to his family. >> we just had to just s -- sit back and wait till -- we found out a cause of death. and that's what we did. we just sat back. >> reporter: for tom's parents, burying their first-born was excruciating. but something the funeral director said gave them comfort. >> "when -- people c -- die, and if they're well respected, people come from all over." >> and they did. i had relatives from rochester, long island, new jersey, virginia -- even from california. >> how moved were you at the funeral as you heard people speak about tom and all the love that was in that room? >> just cryin' all the time. >> walking into the wake was probably one of the hardest things i've ever done. i -- i waited for all my
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siblings and all four of us walked in arm in arm, faces down, just bawling bef -- like and we walked up to the coffin and just all almost just collapsed together and just wept. >> reporter: detectives discreetly sent an officer to the funeral home to observe. if tom's death was a homicide, they wanted to keep an eye on linda, but they also needed to find out if tom had any enemies. >> from speakin' to everyone, including her, tom was just a great guy. he was a middle-class man, hard working, loved his family, would do anything for them. we couldn't find any enemies -- in the world that would wanna do anything against tom. >> you had a real mystery you had to solve here. >> oh, absolutely. >> reporter: investigators were interested in speaking to anyone close to tom, including his good friend who raced to the scene that morning. gilberto nunez was his full name and he was a prominent, local dentist, originally from the dominican republic. >> how long, i guess, have you
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known him? >> we be --i mean, i've known him for four years but we were starting a friendship around three years ago. >> okay. >> reporter: gil seemed to know a lot about tom's life, his work hours, his marriage, even his medical history. >> any medical conditions that you know of? >> yes. that i know of, he had sleep apnea -- >> reporter: investigators also fished for information about tom's wife. >> how's linda doing, i guess? have you talked to her since tuesday? >> yes. oh, yes. >> yes? >> yes, i've been there. i go to the house and stuff. >> okay. how's she doing? >> she's not doing too well. >> yes? >> she's very --i mean, she's really, really bad. she's in bad shape. >> reporter: but that wasn't all gil had to say about linda kolman. he had something far more interesting to share with the detectives. >> i don't know if you guys know but, anyway, me and linda we had a relationship, so. >> okay. sexual relationship, i'm assuming? >> yeah. >> what's that moment like when
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he reveals he's having an affair with linda kolman? >> i think it caught us all off-guard because that was the first time we discovered thatwe had no reason to ask him about that type of relationship with linda. >> how long ago did that start? >> about a year. >> a year, okay. >> reporter: and gil revealed yet another detail that was even more surprising. >> did tom know about that? >> oh, yeah. >> he knew? >> he knew about our relationship, yeah. >> okay. >> he found out sometime in the summer. >> reporter: gil said that not only did tom know about the affair, the two men continued their friendship. >> and he saw that i was honest about it, and he was honest about it, so we got pretty close. i mean, to the point of, like, he got me into football, which i didn't have a clue. >> how crazy is this, though, that tom continued to hang out with gilberto? they stayed friends even after he finds out he's sleeping with his wife. >> better man than i am.
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it's just not the norm. it's not something that you see. >> i mean, is your head starting to spin a little bit? >> we're trying to get ahold of what we got now because it, you know, stemmed from - - unattended death in the parking lot of a fitness club to now we got all this. so and within days, the -- things are starting to pile up. >> now. i would imagine you, more than ever, need to talk to linda kolman. >> we do. >> they did wanna talk to me. a few days after. and one of the first questions was, "what is your relationship with gilberto nunez?" coming up -- >> he had a smooth sexy way about him. his personality was sucking me in. >> did he kiss you while you were in the chair? >> yeah. which blew me away. >> you're just living in almost two different lives? >> i had real life and i had fantasy life. >> passion, secrets, anger.
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>> he comes right at me with it. what the hell is going on? >> it's scandalous. imt i said this is what's been going on. >> when "dateline" continues. i. well i switched to swiffer wet jet and it's awesome. it's an all-in-one that absorbs dirt and grime deep inside. and it helps prevent streaks and haze. stop cleaning. start swiffering
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in which case, why? just say "summer camp" into your xfinity voice remote to join. >> reporter: tom kolman's cause of death was still a mystery. but detectives now had a juicy love triangle smack in the middle of their investigation. they asked linda to come down to the station to share her side of
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the story. >> i told 'em everything. i didn't care anymore. at that point, i wasn't hiding a thing. >> how did you meet gilberto nunez? >> i met him at my son's kindergarten orientation. >> he had a child in the same kindergarten class. >> he had a child in the same kindergarten class. right. >> a son? >> yes. >> reporter: that was in 2009, gil was married then. and the two couples started socializing. >> we all seemed to like each other and we're friendly and, they would just say, "hey, wanna go out to dinner," whatever, and okay. >> and then, you started to get to know him better? >> over time, yeah. >> through school events, or? >> through that and then, our sons both did karate together. they were in the same karate class. >> reporter: tom and gil also hit it off and became close. talking sport, and watching giants games. and like tom, gil was a hands-on dad. ' he went to all his son's karate classes, where he would see linda. >> so gil and i would sit next to each other and just talk. >> and this was, like, three
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times a week for an hour. >> what was it about gilberto that you liked? >> very friendly, very personable. >> reporter: a year went by before linda says she realized something was happening between them. >> every time he would leave, he would give me a kiss goodbye and -- >> on the lips? >> for him to give me a hug and a kiss on the cheek, you know, "see ya next week." kinda thing, really wasn't that big of a deal to me. like, it was kind of his culture but then as the weeks started goin' by, and i noticed when i was leaving, the kiss was no longer on the cheek. so i would go back to my car, like, "was that an accident?" >> lingering or just quick? >> no, fairly quick. >> reporter: linda said nothing to her husband, and she and gil never discussed whatever it was that was going on. until one day he finally said it. >> he actually called me one night. he basically was like, you know -- you know, "i can't get you off my mind, you're beautiful."
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and, you know, "i just -- i adore you." and i was like, "oh." >> that's a hot potato right there. >> yeah, yeah. so from then, he started just textin' me. here and there we would talk, and it just progressed. >> did you think he was handsome? >> not really. [ laughter ] i'll be honest with ya. but he had -- he had a way about him. he had a very smooth, i wanna say, almost sexy way about him. with the -- with the accent. >> latin thing goin' on. >> yes, yes, totally, totally. it's his personality was sucking me in. >> reporter: it was early 2011. both gil and linda's marriages were going through rough patches. >> in all honesty, you know, tom and i, we were havin' some struggles in the home. >> what were you struggling with? >> i think probably the same stuff that every marriage after ten years struggles with.
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you know, paying the bills, workin' two jobs. >> real-life problems. >> yeah, just -- yeah. and they were stressful. >> so was -- was gilberto a little bit of an escape for you? >> yes, yes. that's a really good way to put it. >> how does it finally get acted upon? >> i went and had some dental work in his office. so then you can imagine once i'm there and i'm in the chair and next step. >> did he kiss you while you were in the chair? >> yeah. which blew me away. the fact that this dentist, this smart guy, this, you know, smooth guy who seems to have everything,would even want to kiss me, or choose me. like, i just don't think of myself as someone -- why would he be interested in me, you know? >> was it passionate? >> yeah. >> reporter: pretty soon, they were meeting for sex. and by spring, gil had separated from his wife and was living in an apartment above his dental practice.
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>> you had a busy life, a job, husband, children, in a small town. how are you carrying on this affair? >> still was the wife and the mother. i was home for my kids every night after work. and i would see him lunchtime. >> reporter: linda thought it was a well-kept secret. but maybe, not so much. a few months into the affair, someone tipped off tom with an anonymous text message. >> he comes right at me with it. you know, "i'm getting these texts that you're with --" you know, "that you're with gil. what the hell's goin' on?" >> it's so scandalous. >> and i said, "this is what's been goin' on." i -- i cleared the table. you know, "i have been having an affair. it was with him." >> was there any part of it that felt, i don't wanna use the word "good," but you got it off your chest, you weren't carrying -- >> yeah. >> -- around this secret anymore? >> it did. because then, because then at least i could talk to tom about it. at one point he said to me, linda, i can see he has some
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kind of hold of you. he's like, i see it. and he did. >> reporter: and linda told us what detectives had found so hard to believe. >> how did it affect tom, the fact that it was gilberto, and he was friends with both of you? >> strangely enough, they still continued to be friends. >> that is so hard to grasp. >> i know it is. but they did. they cared, they cared about each other. they were, like, buddies. >> tom would invite him over for sunday dinners. i know it sounds nuts. >> yeah. >> i know it does. >> a little bit. yeah. >> i -- i know. >> and what are -- how are you handling that? i mean -- >> i'm just, like, in the middle, like, "what do i do?" >> you're the object of both of their affection. >> yeah. and i loved them both. we'd say, "well, you know, we don't have to decide tomorrow. we have to just take some time and figure this out, you know?" >> reporter: linda says tom didn't pressure her to end the
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affair. to the contrary, he gave her the time and freedom to continue seeing gil and sort out her feelings. >> you're just living in almost two different lives. >> yeah. >> but they've intersected. >> i had a real life and then i had fantasy life, basically. >> reporter: but everyone in the triangle knew it couldn't last. linda had to make a choice, gil or tom. and a few weeks before tom's death, she did. coming up. her husband or her lover? >> he threw me on the bed. >> who would linda choose? >> he knew by my body language. ask knowing me. he was losing me had she and gil been telling police the truth? >> maybe linda wanted tom out of the way so she could be with gilberto? >> no question.
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>> reporter: it was just a few days after her husband's death when linda admitted to detectives that yes, she was having an affair with her husband's best friend. >> for a little bit of time there, it was me, tom, and gil really tryin' to -- to decide what we wanted to do, or what was i gonna do. they were letting me decide, you know? >> reporter: for months, linda's affection ping-ponged between the two men. that is, until her october wedding anniversary rolled around. she and tom decided to take the kids away for the weekend. >> i think it was really that weekend that i realized -- that i just want -- i just wanna be with my husband. [ light laughter ] he's my best friend. i love him. i don't want -- i don't wanna do this anymore. i've been stupid and foolish and ridiculous and it's -- i don't wanna do it anymore. >> reporter: you chose tom? >> i chose tom.
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>> reporter: a couple of weeks later, it was thanksgiving. still on friendly terms, gil shared the holiday with tom, linda and their family. monday, linda met with gil alone, but decided to postpone telling him their affair was over. >> reporter: what was that discussion like with gilberto? what did you tell him? >> the holidays are here. we have all these kids. like, we can't -- you know? "after the holidays." and he was, like, "okay, i'll wait for your decision," you know? >> reporter: do you think he knew? >> hindsight, i think he knew -- [ sighs ] probably by my body language. and just him knowin' me as well as he did, that he was losin' me. >> reporter: that night, linda felt she and tom were back on track. >> i remember comin' upstairs and he picked me up and threw me on the bed and was, like, ticklin' me. i think we both just felt like there's light at the end of this tunnel. and this is the old us.
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we're happy and silly and -- and we're gon -- we'll get through this, you know? >> reporter: the next morning tom was dead. and investigators were now learning details about his complicated personal life. a bit of a soap opera going on here. >> funny thing is, prior to meetin' you guys, we said this is a "dateline" case. >> reporter: and here we are. [ laughter ] >> here we are. >> reporter: despite what they heard from linda and gil, investigators were somewhat skeptical that this love triangle really had no jealousy or resentment. d.a. investigator bill weishaupt. >> we had to try to determine, was there some type of relationship that we weren't seeing between the victim and nunez? what was going on between the two of them that they would all -- that tom kolman would allow the sexual relationship to continue between his wife and nunez? >> reporter: did you have to think of the scenario that maybe linda wanted tom out of the way so she could be with gilberto? >> no question.
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that was top on the priority list. >> reporter: and the first question for investigators -- did linda or gil drive a white suv? detectives knew that linda didn't. but gil did. he drove a white nissan pathfinder. i mean, there are a million white suvs out there. >> sure. >> reporter: once you think about it and you start looking, they're everywhere. >> oh, absolutely. >> reporter: a coincidence, but a suspicious one. detectives were also remembering how gil showed up at the scene of tom's death to console linda, and his reaction struck them as odd. it was described as that he was hysterical, almost jumping up and down like a pogo stick. >> very dramatic. not a common reaction that you would see. >> reporter: if it's a good friend, though, who died, is that not possible that someone would have a very hysterical reaction to that? >> you do see strange reactions from 'em, but i believe his reaction was more than overdramatic, would i say.
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we kept in the back of our heads for later on. >> reporter: both linda and gil told police the affair was now over. but investigators weren't so sure, and began watching them closely. >> there was electronic surveillance in terms of constantly monitoring their phone records, their computer records. and we also had a -- a gps tracker on nunez's car for a while. >> reporter: what were you hoping to find with that? >> we just wanted to determine whether, in fact, they were still together, if they were together at all. >> reporter: it looked like gil and linda were telling the truth. after weeks of watching them, police found no signs they'd been together since tom died. phone records also proved tom and gil were indeed friendly until the end, texting each other throughout that last giants game tom watched. and gil, like tom, was well-respected around town. >> he works hard, and he is not interested in money, as far as i can tell.
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>> reporter: zach sklar is a patient of gil's and has always admired his generosity. >> does a lot of volunteer work in poor areas. >> reporter: did he ever say why he likes to do that? >> i think he's a man who cares. it's as -- as simple as that. i mean, he cares about his patients. and he cares that -- about, you know, people having access to good dental care. >> reporter: he was a member of the local chamber of commerce, a volunteer firefighter, voted one of the top hudson valley dentists five times, and chosen to endorse products in online ads. >> i'm dr. gilberto nunez. i'm a practitioner in kingston, new york. >> it was a very thriving practice. we were v -- we're very busy. >> reporter: his office manager, irene prehn, has worked for gil for 13 years. >> he's always very positive and very upbeat, very kind. he's a pleasure to work for. >> reporter: and everyone else police spoke to said the same. gil nunez seemed to have nothing to hide. what's more, after weeks of
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investigating, there was still no clear cause of death. so all investigators could do was wonder if the love triangle was just an interesting story that had nothing to do with tom's death. but that would all change when the toxicology report came back, and it was a shocker. >> there was a narcotic. a conscious sedative. in tom's system. no one heard of it before. at least in our field. >> you had never seen it in a murder or street drug or something people abuse? >> nothing. >> it it wasn't a common thing. from speaking to medical examiner. >> it's not a common street drug. >> to investigators the most interesting thing the medical examiner could tell them was this. >> it was only used in a medical
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field. by a dentist or a doctor. in a in patient procedure. >> the fact this sh used by dentists. >> it's too many coincidences. adding up. and they all come from gill. >> the dentist. >> that put a whole new spin on the investigation. they wonder if gill used the medication to somehow poison his friend and romantic rival. >> it's put in coffee or juice to mask the taste of it. it's a bitter taste. >> tom's autopsy had shown liquid in his stomach that might have been coffee. >> we have a gentleman who is friends with the family. having an affair with the wife. drives the same type of vehicle we have on the video.
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next to our victim the morning he's found. >> this is a murder investigation. >> 100%. >> they called linda to the station for more questions. >> they asked if i knew what drugs were in his system. more about the relationship with gill. they asked me what i knew of the morning. >> they decided to tell her about suspiciouses they believe tom was murdered and gill was a prime suspect. >> it was hard to accept. he loved us, he loved me. he loved tom. would he do that? >> was a part of you saying he couldn't have done it. >> i'm in the room with the detective and they were like you think he could have? and i was like no. he would never do that to him.
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>> after digesting what investigators told her. she realized this were signs of trouble. and she began revealing details that suggest the love triangle was far from tension free. in fact, gill had made it clear he was making long term plans for them. and bought her a ring. >> we were having dinner and he proposed. and i said i can't. >> how'd he take that. >> i know, i know. we have a lot to get through. but -- i said you're premature with that. >> it looked like he was growing impatient. eager to get tom out of the way. remember the anonymous texts to tom. telling him about the affair? they came from gill. >> i was furious. >> i screamed at him. why would you this?
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>> very devious. >> very. >> according to linda, he cried and felt tom should know the truth. he begged for forgiveness and threatened to kill himself. >> he felt bad he felt suicidal. it's a crazy situation. i'm not going to let him kill himself over it. we'll work it out somehow. >> she was still worried that gill was suicidal and decided to postpone telling him the affair was over until after the holiday. she seems sincere. investigators wonder if they plted together to get rid of tom. coming up. linda under the mike scope. >> she took a polygraph? pass, fail? >> this isn't the strongest
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alibi. >> no alibi. when "dateline" continues. ♪ subut when we realized she wasn hebattling sensitive skin, we switched to new tide plus downy free. it's gentle on her skin, and dermatologist recommended. new tide pods plus downy free. safe for sensitive skin with eczema and psoriasis.
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the sudden endeath remained a mystery. >> i hope they don't think i was in on this with someone or i had something to do with this because of the affair. >> not really. i had the affair, but no way in hell would i ever want harm done to my husband ever, you know. >> detectives went so far as to check out linda at her job. they went to where they could see if she had access to
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midazolam. they also asked her to take a polygraph test. >> did she pass, fail? >> passed. she was ruled out in our eyes. >> that left one person police needed to talk to again, her former lover, gil, and this time they planned to confront him with all of their suspicions. so they decided it was time to bring gil in for another talk. >> it would have lasted approximately seven hours. >> that's a long time. >> reporter: that's a long time. >> it was. there was a lot to cover. our biggest thing was the midazolam. the other thing was the vehicle. >> reporter: a team of investigators took turns confronting gil. they told him they had a video proving his s-u-v was at the scene. >> i never went to that gym. i never, you know, nothing, so i wasn't there, so that's not -- >> but if i -- but if i look you straight in the eye and i tell you that i know you were there?
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>> then i'm telling you that you don't know because it's not true. that is, you know, all in the truth. >> so you think i would lie? >> well i think you are lying to me, yes. yes, totally. >> reporter: were you 100% sure that that was his white suv? >> was i 100% sure? i was 100% sure. but i could not physically give you a license plate to confirm that, no. >> and when investigators asked gil for his alibi -- >> i was home alone. >> okay. >> i'm always home alone. i live alone. >> he was all alone? >> all alone. >> this isn't -- this isn't the strongest alibi. >> it's no alibi. >> no alibi. >> reporter: but what about the sedative found in tom's system? gil didn't know it, but while he was being questioned, police were at his office, executing a search warrant. and inside an emergency kit, they found two vials of midazolam. at first, gil denied knowing anything about midazolam, which also goes by the name versed. >> so you don't keep midazolam in your practice? >> what? >> midazolam? >> midazolam? >> yeah, versed. versed. >> no.
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we don't use versed. >> reporter: and with that, investigators thought they'd caught the dentist in a lie. they kept pushing, as gil tried to explain how the drug might have gotten inside that emergency kit. >> i don't go in there. i have never been in my emergency kit. because, whatever comes in the emergency kit, it's in there. >> okay. >> so -- >> fair enough. >> so it's easy. that's easy. >> so by all means, your fingerprints certainly shouldn't be on it, then? >> on what? on my emergency kit? >> on your midazolam. >> oh, if i put it in there, yeah. >> it wasn't until we said, "well, what if we find your fingerprints on those midazolam bottles?" at that point in time, his story changed. >> we went from original denial of not knowing anything about it to now he's handling it. >> they send it to me. and i put it in there, and the rest of them, they get tossed. >> okay. so let me just say this, then. if there's midazolam in the emergency kit -- >> okay. >> -- then your fingerprints would be on it because you put it in there.
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>> yeah. >> reporter: and when investigators asked gil about those text messages to tom, tipping him off about the affair, he had an explanation for that too. >> i was like, okay, i'm going to try to figure out how to let him know. >> yeah. >> because if he was me, i want to know. i wouldn't be, you know, this. so i guess he took that as a sign of, like, courage and a sign of you know, my friendship. >> in one breath you're saying that you care about the guy. >> yeah. >> but in the second breath you want to get rid of the guy because you want to have a relationship with his wife. >> i don't want to get rid of him. there's no reason for me to get rid of him. i was in a -- >> sure there is. >> no. >> reporter: but investigators weren't buying it, and the mood in the room turned tense. coming up -- why didn't you stop. >> -- when "dateline" continues. . >> -- when "dateline" continues. % on top of what geico could already save you. can i call you back?
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convinced gil killed his best friend, police hauled him in for questions. now they're about to turn up the heat. >> if you were his best friend, you wouldn't be [ bleep ] his wife and then sending text messages to try to break him up. >> i didn't send text messages to try to break them up. >> for hours investigators tried to rattle gil. >> there were cars on the road. >> through it all, gil stayed calm and never asked for an attorney. >> i have nothing to hide. i have nothing to, to -- anything that is in my office. i had nothing to do with any of that. >> did you give him a polygraph as well? >> we offed. >> did he take it? >> no. the next day after that
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interview, we were contacted by a lawyer stating that there would be no further contact with his client. >> meanwhile, linda was reeling from all that police had told her. from the images of the white suv in the video to the drug in her husband's system that a dentist like gil would have access to. >> like investigators, she believed her longver had killed her husband. >> i'm never wanted to speak to him again. >> but socrates is a small place. >> he's sitting in the parking lot. he gets out of the car and started screaming at me. he said, they're trying to pin this on me and they say you were involved. >> they were saying you were involved. >> liar.
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but i didn't. >> investigators had no solid evidence. that grainy video didn't conclusively put him at the scene, and they couldn't prove the sedative found in tom's system came from gil's office. the district attorney told his chief investigator they didn't have a case. >> we didn't have a case i felt that i felt or my boss felt was compelling enough to put before a jury. >> but the investigation wasn't over. detectives were hoping they would find the dna in gil's car and link him to the crime scene. why waiting for the results, they let the family know they were investigating tom's death as a homicide. >> linda told me she had had an affair with gil. she was crying on the phone, crying that this had happened and she didn't use the world responsible, but i know that's what she felt.
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>> tom's daughter jillian who was close with her step-mom was now furious. >> why could you do this? how could you be so irresponsible. just mad, confused, and trying to process it. it took a long time to process. i stopped talking to linda at that point. >> linda's sister was also finding out about the affair for the first time. >> she was just very sad and very upset and i think embarrassed or ashamed for having been in a relationship other than her marriage. >> what did you tell her as the protective older sister? >> it's not your fault. she's blamed herself from that moment on. you department choose this. people have affairs, millions of people every day, and no one deserves this. >> tom's parents were stunned by the new direction the investigation was taking. >> you go from thinking that your husband likely died from natural causes to now there's a
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murder investigation? it just seems like something that wouldn't happen. >> piling the crap on top of you, right after the other. it was just -- what else are they going to tell me now. >> did you call linda? >> no. >> why did you decide to let it be with her? >> we were so devastated by the news, we didn't know how to deal with her. we didn't know what to think. >> if i called her and i spoke to her, i'm only getting one side of the story. my son's not around to tell his side or anybody. so i figure, well, if i ask her, i don't know what i'm being told. >> you must have been so angry. >> reporter: you must've been so angry. >> we were angry. we were sad. but you know, you -- we've lost a son. nothin's gonna change that. but we just wanted answers. >> reporter: investigators wanted answers too. but when the d-n-a results came back, a new question was at the center of the case. >> that was not only important, that was a showstopper.
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coming up -- the new evidence. would it clear gil nunez? >> it just wasn't possible he would do anything of that nature. >> -- when "dateline" continues. >> -- when "dateline" continues. just a snack for dinner. so we're using a speakerphone in the store. is that a good idea? one of the ways i do that is to get them out of the home. you're looking for a grout brush, this is -- garth, did he ask for your help? -no, no. -no. we all see it. we all see it. he has blue hair. -okay. -blue. progressive can't protect you from becoming your parents, but we can protect your home and auto when you bundle with us. -keep it coming. -you don't know him.
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hello. i'm dara brown. here's what's happening. hurricane isaias is bearing down on the bahamas with sustained winds at 80 miles an hour. it's expected to strengthen and hit florida's eastern coast tonight. beaches have been closed as the state contends with the storm amyth the coronavirus pandemic. and supreme court justice ruth bade er ginsburg is back he after a major repore to a bile duct stent. now back to "dateline".
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>> reporter: tom kolman had been found dead in his car, with his shirt loosened and his belt buckle undone. at the time, investigators didn't give his appearance much thought, but almost a year later, it became crucial to the case. >> we got a dna report back from the lab that indicated there was an unknown male's dna on the inside of the belt flap of mr. kolman near the belt buckle. >> reporter: did you test this dna against gilberto nunez? >> yes. it was -- >> reporter: was there a match? >> not -- it was not his. >> reporter: no match? >> no match. >> reporter: where do you go from there? i mean, that is a -- >> that's a show-stopper. nothing moves in this investigation unless we can determine who that is. >> an unknown john doe. and that's a problem for me. >> reporter: holley carnright is the ulster county district attorney. >> i said, "well, we're not going to go forward with any indictment, we're not going to go forward with any arrest until i have the answer to that. investigators collected d-n-a samples from all the first responders to see if they could have accidentally left their dna at the scene.
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and they considered another pocket, that the dna belonged to an accomplice. >> we were also trying to get samples from people we had identified that were close to nunez. that's a little trickier -- because you just can't walk up and ask for the dna. we call it cast-off dna. and you would conduct a surveillance of those individuals and wait for them to discard an item that would most likely have their dna and then you would collect that. >> reporter: what kind of items did you collect? i think there was a cigarette butt and maybe a can of soda. over many months, all the samples were processed, but it turned out to be a complete bust. >> it identified no one. >> reporter: it's not the first responders. it's not gilberto nunez. who is it? >> at that point, i was banging my head against the wall. >> reporter: linda was also growing frustrated. she was now a widow, a single mom, shunned by her husband's family, and eagerly waiting for break in the case. >> a lot of time passed without
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an arrest. >> torturous. >> every day are you wondering, "is today the day or is it never going to happen?" >> you would kind of get through a point where you'd say, "okay, we're going to live our lives and when it happens, it happens," you know? and then they'd need something from me. and i'd get pulled back in again. >> one of those times police met with linda to explain there was a problem with the original autopsy. turns out it was incomplete because back then, no one suspected poisoning. many samples like the contents of tom's stomach that might have proved midazolam as the actual cause of death weren't saved for testing. so the d.a.'s office decided do something radical. >> and he said, "we need to exhume tom's body tomorrow." and i was, like, "oh my god. i feel like the man can never rest in peace, you know. >> reporter: in fact, the medical examiner exhumed tom's body twice to do additional testing. >> reporter: there wasn't just
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one exhumation in this case. there were two. why twice? >> well we were going to do whatever it took to get the evidence that we needed. >> reporter: meanwhile, gil was free his dental practice thriving. the public had no idea he was a murder suspect, but he did confide in his staff. >> and i remember him telling us that, you know, he was innocent and that we needed to just work hard to keep the, you know, the office opened. i knew the kind of person that he was. and it just wasn't possible that he would ever do anything of that nature. >> so gill's life moved on. a year turned into two, then three. >> it's been, you know, very hard for him. i think the only way he's been able to keep going is the fact that he knows he's innocent. >> he fell in love again and got married in the dominican republic.
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>> they were married on the beach. it was -- very beautiful. and with all his family. and closest friends. he was -- very, very happy. >> time was more cruel to the kolman family. brad, tom's son from his first marriage, became depressed after his father's death and committed suicide. he was just eighteen. >> brad made an attempt on his life with sleeping medications. and all i could say to him was, "why? why would you do this to yourself and to us?" >> and his answer was, "i just wanted to go to sleep and wake up with dad." three months after that, he did commit suicide. >> he just wanted to be with him. so he made a decision.
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>> at this point now, you have this affair, this horrible choice that has now led to potentially to two deaths. >> it hurts, hurts a lot every day. >> surreal. i remember just staring at the programs with his picture and bradley kolman and the dates and just like telling myself, "you're at brad's funeral right now." it became upsettingly familiar. i felt too comfortable at a funeral setting and i realized this isn't fair. i'm getting too good at receiving bad news. >> through it all, the d.a. never gave up on tom's case. >> we're conducting these other parts of the investigation, we're developing video
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information. we're looking at the car, we're doing some pretty interesting things -- with regard to the vehicle. >> but the unidentified dna was their biggest challenge. investigators gathered the brightest minds from the state crime lab to ask for advice. >> and one of them said, "have you checked the autopsies that were done before?" >> before tom kolman. >> before tom kolman. >> same day? >> same day. i looked at this person and said, "kind of always thought that was a sterile environment." and she said, "well, you should give that a check." so, we did. >> sure enough they got a match. turns out the dna belonged to the deceased male who'd been on the medical examiner's table before tom. so the dna had nothing to do with the case, but it did mean that some evidence had been contaminated. >> what are you thinking when you hear that? >> well, i'm thinking a couple
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things. i'm thinking, "that's gonna be a problem at trial because of the contamination." but i'm also thinking, "thank god, we get a little break. >> and after all the additional testing, the medical examiner finally had a cause of death, acute midazolam poisoning. investigators took everything they had to a special prosecutor and argued they were sure gilberto nunez had killed the man he called his best friend. >> i don't think that nunez was ever a friend to kolman. not for a minute do i believe that. he is a master manipulator. he lives to manipulate. i believe he drew tom in because he wanted to be closer to the wife and have access to the wife. >> nearly four years after tom's death, gilberto nunez was indicted for second-degree murder. >> how did you feel when you got that news? >> i cried. we all cried pretty hard. it felt -- it felt good in that, you know, we're one step closer to justice for tom. >> but tough times were still ahead for linda.
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at trial, prosecutors were about to reveal new details about her affair. coming up -- another stunning secret. >> he pulled out an i.d. that said the cia on top of it with his picture on it. >> gilberto nunez, undercover agent? when "dateline" continues. agent? when "dateline" continues. for bathroom odors that linger try febreze small spaces. just press firmly and it continuously eliminates odors in the air and on soft surfaces. for 45 days. children are suffering from treatable causes, living with conditions many have never seen.
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4 1/2 years after tom was found dead in his car, gil went on with his life. tom's parents still weren't speaking to linda, and tom's daughter jillian had limited contact with her while in town for the trial. >> i just knew i had to be there
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for as much of it as i could be. i needed that closure, and i wanted to hear everything i wasn't being told for all of those years. >> gill's supporters were also there, his new wife, employees, and several loyal patients. jack sklaar was one of them. >> why did you decide to be there? >> we live in a society where you're innocent until proven guilty. i saw -- nothing that would lead me to believe that this could possibly be true. >> and so i went there to support him, to show him -- particularly because he is dominican in a very white area, that there are people who will support him. >> but the prosecution's case would be difficult for gil's friends to hear. the state's theory, gil killed tom because he wanted linda all to himself. the special prosecutor summed it up on day one. >> ladies and gentlemen, obsession. it was an obsession furthered by manipulation and deception.
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>> to show jurors just how obsessed they believed gil had become, prosecutors read emails he wrote to linda. >> "i am not leaving you. not today, not tomorrow, not ever. i am not going to let you just walk away from me. never." >> linda took the stand and testified about how the affair began and lasted until right before tom's death. tom's parents couldn't believe the details they were hearing. >> we just assumed that it was a one-time episode between them. we didn't realize that it was ongoing for 11 months. we heard that in the courtroom. >> wow. that's amazing that you didn't know that. >> when you look back, you know, that first kiss, if she would've slapped him in the face or kicked him in the nuts, it -- it wouldn't happen. >> you believe that this affair is the reason that your son is no longer with us -- >> well, yes, if he didn't come into their lives, tom could be
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alive today. >> in court, prosecutors portrayed gil not just as a man desperately in love but also as someone capable of outrageous lies. along with those anonymous text messages gil sent to tom about the affair, jurors also learned he sent texts to linda, posing as a woman named samantha. >> linda received some disturbing anonymous text messages from a person samantha telling her that tom and she, samantha were having sex, wild sex. >> and that wasn't the only fiction gil created. linda testified gil even told her he was in the cia. >> he had an i.d. card and he said that he sometimes would put trackers in people's -- >> mouths? >> mouths. >> did you believe him -- >> okay. yeah. i -- i didn't think that much of it honestly. he kind of showed me a little card and i was like, "oh."
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>> linda didn't make much of it, but prosecutors had another story they wanted the jury to hear, a story they thought would show a darker side to gil's decepti deceptions. >> it's just not a good idea. >> nick monaco is a retired police officer and friends with a guy who worked for gil. nick testified that the friend came to him one day saying that gil wanted to pay them to go harass and intimidate tom. >> he said, "well, gil wants to know if you would want to accompany me to, you know, just kind of like scare the guy. and he goes, we may pretend like we're from the cia or something like that. >> "just as long as he -- he sees that, you know, you have a gun on you and -- and a badge." he goes, "if he sees the gun --" he goes, "you don't have to wave it around or anything or take it out." >> and he says, "well, you know, fwil was in the cia." i was like, no, i -- i didn't know that. he goes, oh, well, yeah.
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>> did you believe that? >> no. and then, he pulled out an id that said, "the c.i.a." on top of it. it had gil's picture on it and his name. and then, it had this m -- badge in there that said, "special officer." >> the badge was -- was obviously, you know, from walmart or -- or kmart or something like that. it was definitely a fake. >> nick says he refused to participate and never heard about the plan to scare tom again. >> you have to wonder what -- what a jury would make out of all of this. >> james nani covered it for the local "times herald: record." >> they're hearing about a love triangle, and poisoning, and death and homicide, and a dentist, and emails, and the cia. >> police later found the fake cia i.d. on gil's computer and tacked on felony forgery charges. and on a computer server in gil's office, police found an internet search for the word "midazolam." >> if thomas kolman had been sleeping -- >> the prosecutor suggested that gil, as a medical professional, figured out that tom's sleep apnea combined with the sedative could be a fatal combination. >> walk through your theory of what happened the morning of tom's death.
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>> the night before, i believe, gill and tom had texted about meeting that morning. i think at that point in time gill wanted to meet up with tom because of the fact he knew he wasn't getting linda. gil got out of his vehicle and entered tom's vehicle. at that point, maybe he brought him a coffee. i mean, it's early in the morning. here -- "hey, bro. i brought you a coffee. we gotta talk." and a short time later, gil was driving away and tom was dead. >> but prosecutors faced a couple of obstacles. for one, the judge wouldn't let them use parts of gil's interview with the police because he had not been read his rights, so jurors never saw how gil initially denied to police he'd ever heard of midazolam. >> so you don't keep midazolam in your practice? >> what? >> midazolam? >> midazolam? >> and prosecutors still had to link gil to the crime scene. they wanted to prove the suspect suv seen at the planet fitness
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parking lot belonged to gil. >> so we're able to track the movements of this vehicle through this gauntlet of cameras. >> grant fredericks is a forensic video analyst and was the key to making that connection. >> and we can begin to make observations of the vehicle itself and the pattern. >> police gathered additional video from nearby businesses to get a better look at the white suv. grant then pored through a database of 18,000 vehicles that's used by the fbi. >> each manufacturer, has a unique way of differentiating their vehicles. the length of the vehicle might be a bit longer. the shape of the windows will be slightly different from manufacturer to manufacturer. >> fredericks testified that gil's car was as close a match as he could find to the one in the security video, a 2010 nissan pathfinder. and he told the jury one more
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important detail. the suv in the video had a fog light defect, one that cast a distinct headlight pattern. >> what we're seeing from this vehicle is that it has this white light that is on the ground that moves in front of the vehicle. >> detectives tracked down gil's white suv which he sold a few weeks after tom's death and placed it along the same route seen in the security footage. >> and sure enough, when we went out to the scene then -- when we did our tests, we turned the lights on and there was the pattern that was quite visible. >> gil's car had the same defect visible in the video. prosecutors thought it was just what they needed to place gil at the crime scene and tie all their evidence together. >> that was a unique feature to that vehicle. and it was still exactly the same a year later. i have yet to find another nissan pathfinder, color white, with those exact same issues. >> but, of course, the defense was about to tell a different story and had witnesses in store
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that could destroy the entire foundation of the prosecution's case. coming up -- >> his heart was a ticking time bomb. >> was this even a murder at all. when "dateline" continues. when .
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as gilberto nunez's trial for second degree murder played out blocks away from his practice, the dentist tried not to let it distract him from his patients. >> even during his trial, he would come and see patients in the evenings. >> some days were better than others. he seemed to be doing okay. >> patient zach sklar
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never wavered in his support. >> do i have doubts about his -- whether he murdered someone? absolutely not. >> why are you so sure that there's not a darker side to gilberto nuñez? >> i'm not sure about anything. i think there's a darker side to all of us. people are complex. but there's absolutely no evidence that the guy committed murder. >> in court, gilberto was represented by two heavy hitters from new york city, evan lipton and gerald shargel who had previously defended mafia boss john gotti. they argued that the prosecution's case against their client was pure fantasy. >> they say that gil is such a schemer, but the plot they've described here, it's like something out of a bad lifetime movie. >> the defense said if anyone was manipulating things, it wasn't gill. it was linda. they read her texts to gil -- sent the very weekend she said she was rekindling her relationship with tom. >> "i love you, i miss you. miss holding your hand. that soft spot scar on your face. mwah
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mwah mwah." can you just picture it? you're there with your significant other, she's behind you texting her lover? they weren't repairing things. >> so gil had no reason to kill tom, the defense said because he didn't think the affair was over. reporter james nani. >> linda admitted on the stand that up to the night before mr. kolman died that they had still seen each other, they had spill spoken via text. you know, i think that weakens the prosecution's narrative that there's an obsessive person that will do anything to getlin da to go back into his arms. >> the defense was trying to say that you're telling tom one thing, you know, that you wanna patch things up, you're telling gilberto another, stringing him along. >> yeah. it was -- >> was there any truth in that, or did you feel that was unfair? >> no. there was some truth to it
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because, you know, i was stringing him along. we were playing his game so that he would. kill himself over the holidays. so yeah, it was just a dirty, stupid game. >> the defense set out to dismantle the rest of the prosecution's case point by point. all that business about the cia, they said it was more like a joke, hardly criminal and irrelevant to the charge of second degree murder. and there was ample evidence that gilberto cared too much about tom to ever hurt him. >> tom kolman and gilberto nunez were best friends. did spend time together. did make plans. did talk about going into a business together. there was no motive whatsoever for this alleged murder. >> they stressed that none of the physical evidence linked gilberto to the crime scene. >> no dna, no fingerprints. >> as for that internet search for the word "midazolam," the
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defense pointed out anyone in the office could have done it, and they believed it revealed very little. >> not a search for a question about the drug. not how to kill with midazolam. a search that led to a wikipedia page. that search says nothing. >> as for the prosecution's star witness, the forensic video analyst who placed gilberto's suv at the scene, the defense said his findings proved nothing. >> even the expert doesn't say, "oh yes, i see in -- in the video surveillance it was tom kolman with gilberto in the car." no, he didn't even see if someone went from one car to the other car. >> the defense raised another possibility about who was in the white suv. they reminded jurors, tom was found with his clothes disheveled and pants undone. and suggested that tom may have had some kind of liaison planned. an examination of his phone revealed he had received an email from a hookup website called benaughty.com.
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>> the website that was found on his phone was benaughty.com, it was never the subject of any investigation in this case. >> the defense was essentially trying to throw some reasonable doubt into the equation. "what role does this have to play?" it was left as an open question. >> but their main argument, the prosecution couldn't prove that gil murdered tom because they couldn't even prove it was murder. they challenged the medical examiner's conclusions, saying that despite all the tests, there was no way to know how much midazolam was in tom's system when he died, and the amount that was found didn't look like enough to kill him. >> the reality? his heart was a ticking time bach. bomb. he might have dropped dead at any minute. >> the defense put on their own medical expert who said tom's death was more likely from natural causes. >> dr. sicirika. >> the defense was very
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succinct. they said they have one witness who looked over the records of mr. kolman, who looked over the autopsies of mr. kolman, and essentially says, mr. kolman had an enlarged heart, and that we think is the reason that he actually died." >> the prosecutors, the detectives, they want this medical testimony to show a murder. what it actually shows is heart disease, a likely heart attack. the prosecutor wants the toxicology to support a theory of poisoning. what it really shows is a non-lethal dose of midazolam, a widely used safe medication. >> as the case went to the jury, gilberto's supporters in court were more sure than ever that the dentist was innocent, but no one could be certain of the outcome. >> it doesn't matter if you're innocent or not. they can still sell you guilty whether you are or you aren't. you know, it all depends upon the jury. coming up -- >> did you both believe that was nunez's vehicle? >> i did. >> yeah. >> yeah.
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his car was there. >> a quick decision in the jury room and a storm in the courtroom. >> sociopath. >> i wanted him to look at me. >> when "dateline" continues. >> when "dateline" continues of, alone time. audible is a routine for me. it's like a fun night school for adults. i could easily be seduced into locking myself into a place where i do nothing but listen to books. i never was interested in historical fiction before, but i'm obsessed with it now. there are a lot of like, classic and big titles that i feel like i missed out since i don't have time to read, mean i might as well listen. if i want to catch up on the news or history or learn what's going on in the world, i can download a book and listen to it. because i listened to her story over and over again, i made the decision to go ahead and follow my own dream, which was to help other veterans. i think there's like 180 books in my, in my library now. it changes your perspective;
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the case of the dentist accused of murdering his best friend was now in the hands of the jury. >> i was worried because, i mean, from day one, i had been told, "this is a circumstantial case and it's all in the hands of a jury. so while we will try our hardest and we do think it's a strong circumstantial case, we can never guarantee the outcome. >> what's the difference between that man that you got to know that you fell in love with, and the man you know now? >> the man i know, or see now is just a cold dead heart who doesn't care about anyone but himself. >> tom's family hoped the jurors felt the same. >> i thought that the case went
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very well for us and that the defense didn't do a good enough job to place doubt. i was pretty confident at that opponent. >> in the jury room, 12 men and women got right into it. fran kwak and joseph dolan were two of the jurors who debated the friendship between tom and gil. >> i believe they were best friends. >> you do believe that. >> oh, yes. as odd as it may seem, they had a lot in common. they loved a lot of the same people. >> the police believe totally the opposite, that -- >> mm-hmm. >> -- gilberto wanted the make you believe that they were best friends, but they really weren't. >> i wasn't so sure about that. >> what? about the friendship? >> that they were best friends. i mean, i just find it difficult to believe that. >> but if the friendship was confusing, they say the security video made one thing clear. >> did you both believe that was nunez's vehicle? >> i did. >> yes. >> we all said we -- that he had something to do with it. >> their deliberation didn't take long.
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after just six hours, the judge announced there was a verdict. >> is that a good sign or a bad sign? >> i was back at police headquarters at the time. and mike had texted me. i was confident. i felt that a verdict was coming in that soon, that they -- they would v have decided it was guilty. >> if it happens too quick, it's not good. if it happens too quick, it is good." there's no rhyme or reason to it. >> so at that point we started praying. 'cause we just were like, "this is it." >> mr. foreperson, how say you to count one, charging the defendant gilberto nunez, with murder in the second degree? >> find the defendant not guilty. >> is that verdict unanimous? >> yes, sir. >> not guilty. and not at all what tom's family expected. >> it was utter heartbreak. it was almost five years of hope and like the beautiful possibility of closure and
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leaving it behind, just taken away. >> was that a tough blow for your family? >> absolutely. >> yeah. my family believes he had a hand in it. >> but, of course, gilberto's supporter's felt the exact opposite, amazing relief. >> we were just crying all of us. we were just, like, clinging to each other and crying. it was years and years of just not knowing what's going to happen. you know, we were just so happy. >> i was pleased that he was found not guilty. clearly, the jury did feel that there was not enough evidence to convict him. i felt that all along. >> so how did the jurors come to their decision? some came up with their own theory. that maybe gil did give tom the midazolam, but not with the intention of killing him. >> from the very beginning, i believed that nunez was there at the scene but as a friend to help kolman get some rest that
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he hadn't been getting, and that he left and everything was fine and he was as much surprised with tom's death as anybody else was. >> you formed that opinion right away? >> yep. >> first day? >> yeah. pretty much. >> as for the prosecution's medical evidence, they say it just didn't convince them of murder. >> what did you feel was the strongest point on the defense's side? >> that the midazolam -- >> -- yeah. >> -- was not in an amount that could have or should have done any harm. >> i believe that it very well could have been just to help him sleep. >> some people have criticized you for the six hours and change verdict time. >> because it was so quick, right. >> yeah. we could have went over it for another six hours and red the same stuff over and over again, and we would have come up with the same result. >> same result. exactly.
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>> it was a bitter pill for linda to swallow. she may have had a hand in starting the whole thing but couldn't leave the courtroom without having the last word. >> lying piece of [ bleep ]! psychotic! sociopath! >> stop, stop, stop. sh, sh, sh. >> i lost it. i was, like, "gil." i wanted him to look at me. say, "you're still a piece of [ bleep ]. and i just felt like on the way out the door, i had to say it. "he's a sociopa --." like, don't you -- like do you get that? does anybody get that? >> although gilberto was found not guilty of second-degree murder, he was found guilty of the two forgery-related charges for the fake cia materials. and could serve a maximum of seven years in prison. >> we still damaged him. he'll still be a convicted felon. it's not what i wanted. but he's not walkin' away completely free. >> gilberto nunez declined to be interviewed on camera but invited us into his office. he told us in an email that he feels sorry for tom's family, and is angered by what he calls "the selective prosecution" against him.
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and is extremely disappointed by the forgery convictions. and since the trial, gilberto has been convicted in an unrelated case. found guilty of charges connected to insurance fraud. he also lied on a pistol permit application. his crimes resulted in a combined sentence of two to seven years in prison. in december of 2018 gilberto nunez was released on parole as part of a merit time program. and while the kolmans are united in their grief, the gulf between linda and the rest of the family remains. tom's daughter jillian has found a way to stay close to ryan her half-brother, but it hasn't been easy. >> i do forgive linda. i won't forget what she's done and the effect that it's had on me. and she will probably never be close enough to me again to have that effect again, but i forgive her.
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>> as she tries to move forward, linda says she's having a harder time forgiving herself. >> do you feel that guilt still? >> every minute of every day. >> i know things have been strained with tom's parents. is there anything that you would say to them if they're watching this? >> just that i'm really sorry. and that i understand why they hate me. i totally understand it. i live with those same feelings about myself every day. and to anyone that this has hurt, any of tom's friends, his family, my family, anyone that's
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loved him. you know, for the role i played, i am deeply, deeply sorry. i'm craig melvin. >> and i'm natalie morales. >> and this is "dateline." >> they said, we need you to get in the car with us. they zip tied my arms and zip tied my legs, duct tape my hair. there's no words. i'm sitting there, just hysterical. it's terrifying. >> she thought he was mr. right -- a confident, handsome surgeon. til the good doctor, seemed to turn sinister. >> he put his hands over my face and said, "go ahead and try to turn sinister. >> he put his hands over my face and said, "go ahead and try to leave." i didn't know where else to go. >> i mean, she just broke down she looked afraid. >> taunts. threats. then, something deadly.

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