>> hello i'm craig melvin, and this i dateline >> there is a couple of case that i've really carried wit me there is a woman that lost her life it was really emotional. and it was heartbreaking it was absolutel heartbreaking. >> a wife, and mom dead in her bedroom. a frantic call to 9-1-1. >> [inaudible] >> moments later, another. >> my son just killed my wife. >> two separate calls, two separate stories about the sam

haunting crime but only one caller was tellin the truth. father versus son. >> i grabbed him, i said stop. he throws me to the ground >> he's very good at making up stories, but that is not true. >> each is accusing each other of the crime >> yes >> and you have to figure ou who the killer is? >> that is the problem >> broken glasses, a pair of sandals, specks of blood what investigators get it right? >> no one on our side of the family had any doubt >> we may have the wrong guy i jail here. >> what a jury >> it was such a battle, bot sides coming, both sides blazing. ♪ ♪ ♪ >> hello, and welcome to dateline a woman was brutally murdere in her own bed but, it was what came next tha shocked investigators.

her husband and son both pointing fingers at each other police knew that one of them had to be spending a incredible tale. but, what story would th evidence tell? here is dennis murphy with tru lies ♪ ♪ ♪ >> bill kyne now he was a luck man. the single data five kids wa getting a second chance at love >> she was the most wonderfu lady i have ever met >> he first said eyes at her a a nail salon, a business tha she ran with her twin sister >> and they're standing next t this neon sign, it says males. and i said do you do nails here? and they just looked at th sign, and looked at me and said yeah. >> her name was diane, a vivaciously blond with a ready smile. >> he saw diane through th window, so the next week and i get my nails done. >> rebecca is his youngest child. [inaudible >> you are being used as they,

do you recognize this now? >> i was fully aware at th time >> it was just what bill needed only eight months earlier, h had become a widower >> my wife, she fell in th middle of the night. they say that she had her head and drowned in the pool. i pulled her out of the poll o easter sunday morning, in 2000 i pretty much fell apart, ther i was a single dad trying to raise them and kee the family going >> he loved my mom he loved her to the moon and back and he lost her. he was just lonely, and yo could see it in him. and my brothers were definitel egging him on to get out and read somebody. >> and in diane, bill me someone special. >> diane comes into the picture, and he has this beautiful woman, and now she is taking care o him. he was in love with her. he needed that he needed her. >> she was actually what i consider my dream girl blond hair, blue eyes. and just a beautiful person, inside and out >> what is she like to do?

what tickled her >> she just had a big heart. and she would reach out to family and friends, anyone who was in trouble they could always count on her >> and the person who counte on her most, was her son kevin. >> i am an only child. they're my whole childhood, was nate raised by my nana my mom, she worked full-time was a single parent. >> he could be helpful, but he was always a bit of a mama's boy. and diane doted on her younger son. >> me and my mom, every da when we woke up, every night before i go to bed we would sa that we love each other. and we loved each othe immensely. they were best friends >> things moved quickly fo diane and bill tevin thought they seemed just right for each other >> he was a kind person, he di do a lot for my mom. he gave her what she wanted an they lived a happy life. >> bill and diane married in 2002 kevin was 15 years old when he walked his mother down the aisle.

they moved into bill's home, o a quiet cul-de-sac in seminole florida. they are st. petersburg. with good schools. for the first time, kevin had male role model in his life. >> how is kevin fitting into the picture? >> he was fitting into the picture quite well, really he really took to me, more tha anyone else that diane dated with she told me that and we got along very well >> kevin appreciated bill so much, he wanted to take hi name >> he wanted his name to be th same as his father, and i wa very proud of that >> what was wrong with thi picture? not much kevin got along fine with bill but a big family, with fiv kids was a challenge he did not always fit in there was tension, and a lot o it swirled around the new baby in the family. young kevin. >> you could tell he was raise as an only child, because he was all about himself. and all about his, way all the time >> but kevin's cousin, tanya says that the kids did not mak

things easy for the step brother. >> the kids were not accepting him at first they were mean >> kevin felt like an outsider >> a little bit, yeah. there is a lot of friction i the house. >> in the summer of 2010 things in the house were comin to a head. kevin, now 23, was jobless and still living at home and then he had brain surger to remove the tumor. he felt he needed time t recover. but bill and diane we're ready for the next chapter of thei lives. and his. >> we had actually been talkin a long time about buying our dream home diane and i wanted to get ou on our own, starter own life together we were looking for a place of our own. >> but kevin comes to? >> no, 23 years old. it's time for you to be on you own. >> i needed to get out, i knew that, and i wanted to. they wanted the house to themselves, i wanted to be o my own too i didn't want to live with m parents to the rest of my life even though we were extremel

close. >> on august 15, 2010, thought of dream homes and moving ou faded into the routine of th hot florida summer bill mow the lawn and clean th poll kevin was looking forward to the nascar race, and sprawle out on the couch diane settled into the maste bedroom. it happened a little bit befor 2 pm, a desperate call t 9-1-1. >> help me please, please help >> okay calm down. >> then, moments later, anothe call a different voice. >> [inaudible] i don't think she's breathing. >> something unspeakable had happened in the house. a senseless, violent act a mystery with lots of clues but no easy answers. >> it's almost like an agath christy mystery or something where there is only thre people there, and one of the is dead.

so the killer has to be one of the other two. >> but which one of the othe two? father and son are about t take turns in the investigatio room, who will detective believe? >> i said kevin stopped! he grabs me, he throws me to the ground and takes off running. >> he is very good at making u stories. but that is not true >> when dateline continues kyle? and while romeo over here is trying to look cool, things are about to heat up. uh-oh. darn it, kyle! and if you don't have the right home insurance coverage, you could end up paying for this yourself. sorry mr. sanchez! get allstate, and be better protected from mayhem, like me. that's a hard no. (rebecca) i would try and encourage anyone to quit smoking. i can't tell you what to do. but what i can tell you, is that this can happen to you.

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police, medical emergency? >> the 9-1-1 operators i florida are used to dealin with life and deat emergencies. but this one was different diane was dead her husband and son were bot distraught, and both makin frank take calls first kevin. >> help me please. he's outside of my house he is choking me >> okay come down sir. stay on the phone with me. >> and then bill >> my son just killed my wife. he and my wife were arguing, and he was choking her >> where is your son >> he ran out the door >> two calls, from the sam location, just minutes apart kevin and his stepfather bill, each accusing the other of murder >> please, be quick. >> tampa bay times reporter, curtis krueger, says the

competing calls were even more unusual because they were made in the heat of the moment. >> one person, presumably, i calling and telling the truth. the other person has already figured out the story that the are going to use that is not true that is pretty rare an certainly quick, and devious thinking by someone. >> father and son, one falsely accused of an appalling crime. the other, the real killer, an a devious live or. the case would be a tough one, it went to homicide detective, jim. >> they both immediately accus each other >> so you could evaluate all the stories and figure out wha is really going on >> i do, it's a difficult case >> first, responders found diane kyne body in her own bed kevin's loving mother, bills loving wife, was just 49 years old. >> it appears that she die from a possible strangulation, or it's fixation and there are some other thing

in the room, there are som glasses on the bed and a shoe >> most interestingly there wa blood? where did that come from blood on the victim, on her leg? >> yes, the victim had three small spots of blood on he leg. >> things were in disarray both inside the house, and i the front yard they took a quick inventory. >> so there was some shorts in the yard a pair of shorts, i found in the front yard >> just some visua observations, did it explain t you what had happened there? >> not really, at this point w have to interview the tw people that were there >> who do you believe and begi with >> we began with bell. >> they asked bill to come dow to the station and tell hi story. >> his story was, he and kevin were going to sit down and watch the nascar race on television >> bill says kevin went to the master bedroom to talk to hi mom. >> i hear him holler out, kevin,

in a loud voice. and probably 10 to 15 minute goes by, i get up to see wha is going on. i push the door open, and i se kevin on top of diane. iran, and grabbed kevin from the back, hold him off o diane. he slammed me back into the ar war. and he scooted out the door. i caught him at the kitchen, h was throwing the around like i was a rag doll he shook me off again, grab th door, rip the metal out, pulling it out the door. >> now the tussle is going out in the front yard? >> i grabbed him, and it sur came off i guess at one point his short came off he had reach into his shorts before they came off, pulled out a cell phone, and dialed 9-1-1. and he says. >> he's outside of my house. he's choking may please help. >> i said kevin stop let's stop this! and he said okay dad, i'll stop he grabs me, and he throws m to the ground. and takes off running. >> he is gone?

>> he's gone >> bill then tried to catch hi breath, and collect hi thoughts his daughter had in hand outside the house. >> he looked so empty, when we got to my dad. he looked like you just took the life right out of him, you took his life away again. i just broke down for him. i couldn't do anything but reach out and hug him. >> with bill story on th record, the detective just tough to kevin to get hi version of events. it started with another sunday with no hint of the tragedy to come >> i was feeling a little off, so i lay down on the couch was watching the race an stuff. >> bill tap to be on the head, and said your mom needs to tal to you right now and he talked me on the car, and this car still hurt. i said i'm not sleeping, not feeling good right now anytime me on the head again

and said your mom needs to tal to you right now i went towards him, push the door open. as soon as i push it up, and h grabbed me from the back, an put me in a chokehold. >> build it? >> yes sir he put me in a chokehold, and was screaming, mom,, mom pleas help me. anybody. and i saw it on her face, he face was black and brew. it wasn't just blew, it wa black. and it was absolutely horrible and that is a mental picture that is going to be in the bac of my mind for the rest of m life probably. >> you've been fighting in the front lawn you've been calling for th neighbors for help, you've bee calling 9-1-1 for help where did you go next? >> at that point i finally got away from him, i broke free. >> are you running away from a murder scene >> yes sir i'm running away from someon who had just murdered my mother, and someone who's trying t murder me. >> and the story gets told a completely different way for bell his version is that he comes into his mother's bedroom, see you on top of your mother. and sees you on top of her killing her. did that happen? >> no sir. he's very good at making u stories but that is not true

>> you did not kill your mother? >> no sir i did not. >> two distraught 9-1-1 calls, two dramatic stories describin a cold blooded murder. only one of them could be true >> coming up >> did you lie >> i did not lie >> a polygraph, dna, and the curious death of wife number one. >> bill had a wife that drowne in the pool. >> was bill kyne becomin suspect number one when dateline continues.

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the house. each is accusing each other of the crime? >> yes >> and only one did it and you have to figure out who the killer is. >> that is the problem >> it's an axiom in your business that the suspect is also is a suspect until they are not? >> yes >> not only is the suspect always a suspect, this husband had already been accused o killing his wife by his ow son. so detective started taking hard look at bill kyne >> are you finding out anythin about bill that puts him in the frame >> sure, bill had a previous marriage and he lived at the same home. and he had a wife that drowned in the poll. >> that would interest me. >> so it would >> it interest to you? >> absolutely. >> bill's first wife died in the middle of the night. there were no witnesses. but investigators believe sh tripped, hit her head, and ended up drowning in the pool. police ruled it an accident an

bill ended up collecting a insurance policy >> do you know how much was on her head i >> think it was 250,000. >> phil had other pales to other when his auto compan burned out, another on - his he was also the beneficiar on diane totaling $750,000 >> are you a guy that play fraud games on insurance >> now, every one of those where investigated >> they are all consistent the arson, the insurance pales including up to diane's death. that's a picture that comes up >> yes, i understand that. >> this is not fraud on your part >> absolutely not. >> kevin, bill's main accuser, says the motive for the murder was obvious. he she was worth more dead tha alive to the stepdad >> why do you think bill kills your mother? kills your mother from what? >> money

$750,000 could help him out a lot >> detectives thought that the had a plausible motive now they combed through bill 9-1-1 call, and his length interview on that day of the murder not everything seem to add up. reporter, curtis krueger, note something curious noted by the first detective on the scene >> the first responders arrive and attempted to take a puls from diane and they found her body to b somewhat cold. that of course indicates tha she may have been dead for a while. >> that deputy arrived jus minutes after bill said that h caught kevin in the act. diane's body temperature may have suggested a different timeline the detective was troubled b another part of the story. he says he never went back t check on diane, after kevin ra off. >> i assume that she was already dead >> but it had all been s brave. did you get a good look at her >> no, i did not >> i would think that when you came back and, you would immediately go to her and se what goes on >> that probably would've been

i should have. >> but you didn't do that? >> i did not do that >> bill would not go to chec on diane, unless, as kevin said, he was the one that killed her and in the first report that they sensed for dna testing, the results seem to place bill at the crime scene remember, diane died o asphyxiation testing showed pills dna profile of a sample taking fro her neck >> we were a very loving couple, we slept in the same bed together my dna should be on her. >> a reasonable explanation fo a bad fact but was it the truth the detective returned to hi toolbox for something to hel assess pills credibility they asked him to take a lie detector test. >> you agreed to take a li detector test and you flunke the critical questions >> i flunked certain questions >> two questions, i want paraphrase, but they both ha to do with if you cause or death, or know what happened t her. >> one of the questions, did you cause the death of diane

>> bills answer, no. another question, did you li about kevin being on top o diane on august 15, 2010 bills answer, once again, no according to the test result both of those answers showed deception. >> essential stuff, no peripheral stuff the central questions. not getting through a ligh detector did you lie? >> i did not lie that's why they don't use ligh detectors in courtrooms. because they can issue false reading. >> if the guy is flunking th test, and the son says that he did it it's not a good set of facts is it? >> no, that's why we have to attack bell. >> did they ever along with anthony stevens they brought in more questions the same day that he flunked his polygraph test this time they put the screw to him >> she's dead, and there's onl two people who could've done it and i'm and i tell you right now, this dna is around he

neck and it's yours. you also said you didn't g back into their, you said that you know she was dead. that's why you didn't go bac in and the only way you could kno that is to have possibly hav been involved. >> it was an interrogation, an bill cracked he changed his story and sai that he did in fact go into th bedroom after the fight with kevin. >> why would you lie to us about certain statements >> that no logical explanation >> detectives don't like to be lied to, and here he told you lie. first bateman i'm not in the room, and then he's in the room >> he's in the room, he's, lik bill, you said you went in there. what's going on? >> does he backpedal again fro that story >> he did, he says it would've been better if i had been in the room >> he said that changing his story to go into the bedroom t check on diane, would've mad him look better. he was probably the only one >> i have told you all that now. >> which version are w supposed to believe? because if you can't b truthful to this, at this, why do you see how this is going

you fail a polygraph your dna is on her neck, his i not. the mountain is starting t build. >> detectives thought that i looked like a mountain o evidence against bill, wha would the evidence say about kevin? >> coming up >> his glasses were found at the bottom of the bed. >> could there be a mountain o evidence against kevin too >> severe blood it was found near mom's leg, what's you explanation for that >> when dateline continues is the first-of-its-kind, once-daily pill for moderate-to-severe plaque psoriasis for the chance at clear or almost clear skin. it's like the feeling of finding that outfit psoriasis tried to hide from you. or finding your swimsuit is ready for primetime. [dad] once-daily sotyktu is proven to get more people clearer skin than the leading pill. don't take if you're allergic to sotyktu; serious reactions can occur. sotyktu can lower your ability to fight infections including tb.

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here's what's happening, the supreme court is allowing th abortion pill to stay on the market pending appeal. seven of the nine justices agreed to stay a lower court ruling that would have restricted access to tha medication justices clarence thomas and samuel alito dissented and new data on gun violence shows the u.s. on a record pac for mass killings, averaging

almost one every week analysis from the associated press an usa today shows 88 people have been killed and m17as shootings, so far, just this year and now, back to dateline. >> welcome back to dateline, i'm craig melville police had what seemed like game of clue on their hands, investigators started building what they believe to be a soli case against diane kyne' husband, but they also took closer look at her son here again is dennis murph with true lies >> detectives thought they had compelling evidence agains bill kyne, and when they started checking out his stepson, kevin, they realize he had been on the radar before your deputies had a history of being called at that house >> they did. >> five years early when kevin was 18, he got into an argumen with his mother's sister

assistant state attorney described what kevin did next. >> the police showed up he fought with the police and h was trying to have his dog attacked the police during i for and so he was arrested for battery and resisting arrest >> kevin pleaded guilty and no deputies from the county wer back at the house, this time investigating the murder o diane kyne bill who had said his son di it was painting a picture of kevin's violent past >> i have never seen anybody act the way that kevin acted out. >> just three months before, bill said kevin had brandished a knife against his mother >> he was frustrated about something and said you are going to listen to me he had a knife in his hand. and it scared the heck out o her. >> kevin says, that neve happened another time kevin's mothe bolted her bedroom door to kee him out. >> he kept pounding on the door, pounding on the door, an

kicked it in it broke the door. >> was bill deflecting attention away from himself? or telling the truth about the man he insisted killed his wife? his daughter, rebecca back him up and attacked kevin in her interview with the cops. >> he was a little hothead h would come in and throw hi weight around. >> like the time she said kevi tried to gold build into a fight. >> he would puff up and ge into my dad's face, screamin for him to hit him, please hit me i will call the police an you will go to jail right now. >> it was a classic boy crying wolf story, bill hadn't done anything, it was just kevi trying to get bill in troubl and calling 9-1-1. >> kevin says he didn't go t bill and made that call becaus bill shoved him. and things got so bad, bill an diane even took legal action t throw him out. >> diane told him, kevin don't push me. you are going to see what we

can do to get you out of thi house. he didn't believe her. i >> went to my attorney h drove the paper and we had him legally effected >> you can do that, evict child? >> he was 21 at the time >> but diane loved her onl child and couldn't cut the cor she let him come home. the summer of 2010, however wa racing towards a showdown, tensions in the family wer high, the house was cramme with four extra people bill's son and his famil camping out on couches because of financial troubles. kevin wasn't making things easier up noxious about sharin the household computer he was the computer hog? >> that's all he ever wanted t do was sit on the computer, it wasn't even his computer but h would change the password an kick everybody off >> kevin's mother was furious, she had stopped talkin directly to him trying to avoi the persistent arguments >> they're just top king via emails >> completely. >> 30 feet across the house an

they're communicating vi email. the last shot was kevin cursin out his mother in front of the encamped family. >> called her a [bleep], calle her the sea word, called her a [bleep]. >> diane and bill gave kevin a deadline to get out for good september 21st but five weeks before that deadline day, diane was dead and bill said kevin's temper and violent passed pointed t him as the only one wh could've done it did kevin killed his mother, diane? >> yes >> the reason he did it >> because he was being kicked out of the house an wanted to get his own way. >> the reason that you shoul not be looked out for he murder is what >> i didn't do it. on the one who pulled th murderer off of her that day >> but kevin had already tol detectives that that was all lies he hadn't been near his mother never made it into the bedroom detectives, however, knew they found something importan inside and, it belong to kevin. >> his glasses were found at

the bottom of the bed, which seems to belie his statement that he didn't get into th room right. >> kevin's violence history an those glasses did him in he was arrested, charged wit killing his mother and held in jail but that was in the end of the story, not by a long shot. remember bill had flunked hi lie detector test, kevin meanwhile, had also agreed t be wired up. >> they asked the critical questions? >> of course >> all around one question, di you kill your mother >> yes >> you pass the polygraph test >> passed it, flying colors. >> when the polygraph came bac the thought is we may have the wrong guy in jail here >> the prosecutor acted quickly, he handed kevin a get out of jail free card releasing this accused kille back into the community. >> i felt, as prosecutor, an my goal here as justice a stud would be wrong to hopped kevin sitting in jail with the state of the case at the time, i doesn't mean we have enoug evidence to put bill in jail >> the prosecutor convened a

grand jury, in early 2000 of 11, hoping to sort things out. he asked kevin's lawyer abou letting kevin testify. alison miller was one of the public defenders >> we found in critical, w found him kept telling, shoot, maybe we put him in front of a grand jury and they believe in him and he never gets indicted >> i wanted a story out there, i wanted the truth to be out there. i felt like it would help me i i could present myself to thes people >> kevin told his story to the grand jury, how he stood at th bedroom door shocked by hi mother's ghastly appearance an then bill jumping him from behind >> he goes into how he never went into the room >> but kevin was in a bi disadvantage >> he had that time doesn' know about the blood evidence. >> three specks of blood had been found on diane's allege and more on her bed cover, lab analysis just back shows tha it was kevin's blood, but only the prosecutor knew that >> i said your blood was found on your mom's leg, what is you explanation for that i have no explanation. >> in the battle of competin

stories the grand jury broke the tie, kevin kyne's gamble t testify had backfired he was indicted on the spot for first degree murder. >> as he's leaving the courthouse from the grandeur h is brought back and arrested again. >> the case had been unpredictable from the start it had rival 9-1-1 calls >> he's outside! >> conflicting murder accounts >> my son just killed my wife! >> and now in the courtroo there would be even more surprises. >> coming up what a jury vote to convic kevin or could it's still swin back to bill >> oh, no. diane. >> it's just so fake >> when dateline continues astepro starts working in 30 minutes. so you can [ spray, spray ] astepro and go. (nathan m) secondhand smoke caused me to have asthma attacks, infections, and lung damage. and i never smoked.

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diane kyne was murdered in her own bed, her son kevin stood trial for killing her. bill kyne, the other man who had been under intense suspicion, came to the courthouse every day still feeling the loss of hi wife >> she was everything i ha ever dreamed of in a lady. we were gonna spend the rest o our life together. >> sheriff's office? >> in this unusual case of dueling 9-1-1 calls an conflicting murder accounts, prosecutor lowry was confident that blood evidence would sink the son's story and full supports the husbands. who was your best witness? >> i think probably ana co was. >> anna cox a bloodstain exper testified that kevin's blood was not only on his mother but also on her but cover. >> if he says he wasn't in the room does your scientifi finding deny that? >> yes >> there's no question in your mind, science tells you he was in that. room >> yes.

you had to be right next to th con fitter >> to the prosecutor able as a home run, confirming bill kyne 's story that he opened th door and saw kevin straddlin the bed on top of diane. and lowry argued kevin's blood at the crime scene had to ge there during a struggle with his mother or when bill pulled him off of her a puts the line in the story that he wasn't in there? >> there is no innocen explanation. >> and it's broken glass's had been found in the bedroom alon with birkenstock sandals one inside the room, one by th door he was adamant, they were no his sandals. never worn them. >> he says i've never seen the before >> but what did signs find >> his dna was on them why would he lie about the shoes? and the reason he lies i because the shoes show that he is in the room >> bill kyne took the stand to tell his story about that day, and he put his personal stam on those birkenstock's >> diane and i bought them for him about a year or so prior t

this incident. >> bill recall the time when kevin tried to pick a figh with him then called 9-1-1 testimony the defense fought t keep out but lost. >> i wanted the jury to know that he was like a boy who cried wolf, that wouldn't make 9-1-1 calls frequently >> bill said kevin was hardest on his mother, especially in the summer of 2010 when sh gave him the deadline to mov out and he cursed her out in front of the whole family. >> that's it, she says i can't live with you one second longer >> how close is that to the day? >> probably a week >> the prosecutor theorize kevin just snapped, and killed his mother in a rage after one last argument. >> kevin's lied, his dna is in the room, it's consistent with bill's story, it's inconsisten with his story therefore he did it. >> they both believe bill kyne was the person who killed dian kyne the >> defense argued that bil

story was untrue, and that his dna was all over the crime scene. >> their dna on diane's neck with the dna on the pillows, the dna on the folded sheets timmy was a slam dunk, that' reasonable doubt >> the defense offered a theor that kevin's blood had sprayed towards the bed after he was scratched by bill in their fight at the door. the defense are so argued that bill was the real killer >> if it's not our guy has t be him >> we did say that, i don' know if it was just not as aggressively as it needed to b said >> maybe if they had hit bil harder jurors would've found reasonable doubt but they didn't. after four hours, the jury cam back with the verdict. guilty second degree murder kevin kyne was sentenced t life in prison >> my throat went down to my ankles it was a horrible feeling. >> there were no winners kevin was gonna be in jail for the rest of his life i had lost the woman i was gonna grow old with. >> it was heartbreaking.

>> but alison miller still believed in kevin and wouldn't give up. murder convictions rarely ge overturned, but alison fough -- thought an appeal had a soli chance she objected to the judg letting the old 9-1-1 call kevin made to get bill i trouble. >> i argued that should not be admissible >> she said it prejudice the jury against kevin and a appeals court agreed two years after his conviction kevin was granted a new trial. it was a stunning turn about alison rushed to phone kevin i prison >> i called and said can i speak to kevin kyne and some very helpful person was like well, honey it doesn't wor like that we can't just put hi on the phone you have to schedule a appointment. and i was like - can you just tell him he's getting a new trial. >> i was astounded, i wa extremely happy. >> i was hurting for my dad. no one on our side of th family had any doubt as to wha happened that day. >> in february 2015, it wa

florida versus kevin kyn ground to, same courtroom, sam judge and same prosecution strategy >> there was nothing tha changed and considering that h was convicted the first time it wasn't like they would sa we should've done it that way. >> not so for the defense, alison miller and co-counsel jessica emanuel were in attack mode from the opening. >> we're gonna fight everythin that needs to be fought, i we're going down we're going down swinging this time. >> the judge and the state kep ellis, well, this wasn't a issue the first trial, nobod objected in the first trial. hey guys, i don't know if yo realize what we are hoping for a different outcome. >> one jaw-dropping difference the defendant himself, a classic before and after weigh about 75 pounds worth. >> when i went to prison, my main goal was to los everything and become fit. >> a lot of courtroom observer thought you cleaned your clien

a bit, in appearance and i demeanor >> he looked presentable and h grew up a lot. >> the defense had pulled it punches on bill kyne in th trial one but not to this time >> he's the obvious suspect. >> now it seemed as though bil was the one on trial >> bill kyne has lied over and over and over again. he has lied to save his ow skin, he's lied to protect himself. he's lied to set up my clien for murder, and the stat expects you to convict kevin based on that man's word kyne. >> that's why judge said 2 times, there are two sets of prosecutors in this room >> alison miller played bill 9-1-1 call asking the jury t use its common sense why didn't he rush into save diane? >> sheriff's office. >> my son choked my wife >> your son choked your wife >> yes >> okay. >> they were fighting and -- >> okay. hold on for me, okay >> it's so fake, the heavy breathing and then he starts t get emotional, oh, diane

>> oh, diane >> it's just so fake >> this case is about money. >> the defense also hammered hard on motive bills. >> bill kyne collected $750,00 when dianne kyne died. >> three quarters of 1 million dollar sounds more lik motivation than a computer password or wanting to stay in the house. >> the rebooted defense had on last change, a blockbuster new witness. >> what is your decision >> i'm here to testify, your honor. >> coming up on the stand, there would be some changes to the sandals he never wore >> i wore them >> the bedroom he neve entered. >> i might've took one steps just opening the door. >> would a jury believe hi story this time? when dateline continues. just like i stole kelly carter in high school. you got no game dude, that's a foul! and now you're ready to settle the score. game over.

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together >> you never know. >> you never know, exactly >> i think we all know who you are, please tell us your first and last name for the record please >> kevin lee kyne. >> this wasn't kevin's first time under oath. he testified before the gran jury, and that's when he got indicted now he really was again puttin himself and his story on the line it was a high stakes gamble. >> were you in your mom? close >> very close. >> kevin was instructed by his attorneys, alison miller and jessica manuel to talk directl to the jurors.

>> we said if you expect the to believe what you are saying you better look them in the ey and tell them the truth. >> do you ever call your mom a [bleep]? >> i did >> did you ever call your mom [bleep]? >> unfortunately i did >> we said kevin is this true, are you disrespectful, yes ma'am, well you can see it all >> a preemptive strike part of the plan to soften kevin and give jurors reason to doub that a bratty 23-year-old coul turn into a cold killer. >> what the jury wants to hear that you didn't kill you mother >> kevin, did you kill your mom? >> no, ma'am >> but evidence of kevin's blood on science ty had always been the defense's toughes challenge. >> the state's theory is the blood got there once bill an kevin started struggling >> but from day one, kevin had maintained he never entered th room when he was attacked by bill >> now he would give himself and his blood some wiggle room to get closer to his mother. >> when you open the door, did you take any steps into th bedroom? >> i might've took one or tw steps just opening the door.

>> and cross-examination, th prosecutor challenge kevin as flip-flop or >> just taking one or two steps, this is the first time you'v said that in four and a half years, right >> i was always saying that opened the door and that is as far as i went. >> you were always saying yo never went in the bedroom, right? >> i did not go further than the door sir >> i think kevin was probabl in a state of shock and i'm no sure he entirely knows how far he got in that bedroom >> kevin also shifted his stor on those sandals >> you don't recall wearin these? >> no, i wore them, they wer comfortable shoes just a slide on around the house. to go out and smoke cigarette. >> so they were the house shoe or something >> correct >> after kevin love the stand, his attorneys could only hop their new strategy, cleanu kevin and dirty a bill had worked, as the jury got th case and began deliberations >> your honor the jury has reached a verdict.

>> it took six hours >> can you speak to the deputy please >> in the little time it takes to get that verdict form fro the jury box to the judge to the clerk to read. it feels like eternity >> the state of florida versus kevin kyne lee, the defendan is found not guilty. >> not guilty. >> that was probably the bes feeling i have felt in ten years. >> you got your life back? >> i did >> kevin's paternal grandmother, his biggest supporter crie tears of joy across the aisle, bill kyn muttered to himself. >> i was devastated, i couldn' believe it, sometimes the ba guy winds. >> he reclaimed his life, yo pull them out of the abyss >> yes good job >> you too >> and a lawyer that tells you they never lost a case never tried any tough cases. >> prosecutor lori was still certain he put the right perso on trial twice >> it doesn't mean he didn't kill his mother. just means other jury said h

didn't >> the jury foreman says the defensive strategy to put kevi on the stand worked. >> i just don't believe that the evidence points to kevin >> not only was ther reasonable doubt, this juror belief kevin's testimony ove bills. in part because kevin look directly at him. >> did that make a differenc to, making eye contact acknowledging your presence? >> yes because the eyes tell something. bill didn't look at us once. >> the next day, the judge released kevin >> good luck mister kyne please don't come back >> i won't >> good. >> outside, kevin met hi grandmother and then the local media. >> i'm innocent, there has t be a guilty party. >> where is justice for your mother all of this >> i'm hoping coming so that justice is served for my mother >> the fifth amendment prohibits double jeopardy so kevin can't face charges i this case again, but bil could. >> of would love the prosecuto to as the sheriff's office t reinvestigate diane kyne's

death. >> that is silly, i would love to be the defense attorney o that case. there is no way bill kyne woul be convicted, not only does th evidence not show that but the defense would be kevin did it. >> who is kevin kyne, who is this guy >> kevin kyne is a name on paper. that man is not a kyne and h is not my family >> where is justice for dian and all of this? >> kevin did serve some time i prison and i don't believe that diane would even want him to serve life in prison for her murder. but, in my mind, he should still be behind bars >> but now, kevin's got second chance at life. he says he is dedicating it to his mother >> she is looking down and she sees that i am maturing, i a going to be the man that she wanted me to be. >> so, in the end, what do w make of this mind-boggling who done it where no one can say for sure murdered diane, leaving a husband and son stol

pointing the finger at eac other still professing love fo diane, but one of them still defiantly lying about having killed her >> that is all for this editio of dateline. i'm craig melville, thank yo for watching >> hello, i'm craig melvin, an this is dateline >> he said it's like a blood movie, and it is, it's just so intense and so deep. you go through all these range of emotions that you don't know, you know? that was the first time i started to hear about m life. i could have been an entirely different person. >> it was a mind-bogglin mystery for almost 20 years, and she was at the center. >> i'm john walsh. 1-year-ol savanna lee barnett is missing from isle of palms, sout carolina >> a child who suddenl vanished >> the most important thing in my life was taken from me. jus