er on mother's day, susanne and bobby went to visit peggy's grave. hey, mama. josh mankiewicz (voiceover): finally, it was all over. bobby scaccio: you kind of look at life a little bit differently. you know, life is very valuable. it's precious. it puts things in perspective. you've done anything special for yourself? i treated myself to a car. she's a fancy german lady that likes to go fast. my mother always said, spend a little. enjoy your money. you'll have mine someday. who knew that someday was going to be so soon? and that's all for this edition of "dateline." i'm craig melvin. thank you for watching. [theme music]

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how he never went into the room. >> kevin was at a big advantage as he did not know about the blood evidence. >> three specks of blood were found on his bed cover. just showed that it was kevin's

blood, but only the prosecutor knew that. >> and your blood was found on your mom's leg. what is your explanation for that? i have no explanation. >> in the battle of competing stories, the grand jury broke the tie. kevin's gamble to testify had backfired. he was indicted on the spot for first-degree murder. >> and he was brought back in and arrested back in. >> and they were unpredictable from the start with the rivaled 911 calls. conflicting murder accounts. and now in the courtroom, there would be even more surprises. coming up, would a jury vote to convict kevin or could they swing right back to bill? to joyride moments your moments are worth protecting against rsv

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bill, the other man under intense suspension came to the courthouse every day. still feeling the loss of his wife. >> she was everything that i had ever dreamed of in a lady.

we were going to spend the rest of our lives together. >> prosecutor lowry was confident that blood evidence would sink the story and fully support the husband's. >> who is your best witness? >> i think anna cox was, really. >> anna cox, a bloodstain expert, testified that kevin's blood was not only on his mother, but also on her bed cover. if he says he wasn't in the room, does your finding deny that premise? >> yes. >> there is no question in your mind? science tells you he was in that room? >> yes, you had to be right next to the comforter. >> to the prosecutor, it was a home run, confirming bill's story, that he opened the door and saw kevin straddling the bed on top of diane. and he argued kevin's blood at the crime scene had to get there during a struggle with his mother or when bill pulled him off there. >> and there was no innocent explanation. >> and his broken glasses had

been found in the bedroom along with sandals. one inside the room, one by the door. >> he said i've never seen them before. >> his dna was on them. why would he lie about those shoes? and the reason he would lie because the shoes show he's in the room. >> bill took the stand to tell his horror story of that day, and he put his personal stamp on those shoes. >> we bought them for him at sam's club about a year or so prior to this incident. >> bill recalled the time when kevin tried to pick a fight with him, then called 911. testimony the defense fought to keep out, but lost. >> i wanted the jury to know he was like a boy who cried wolf, who wouldn't make 911 is calls frequently. >> bill said kevin was hardest on his mother, especially in the summer of 2010, when she

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

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

two years after his conviction, kevin was granted a new trial. it was a stunning turnabout. allison rushed to phone kevin in prison. >> i called and said can i speak to kevin? and some very helpful person was like well, honey, it doesn't work like that. we can't just put him on the phone, you have to schedule an appointment. i was like can you just tell him he's getting a new trial? >> i was astounded and extremely happy. >> i was hurting for my dad. no one on our side of the family had any doubt as to what happened that day. >> there is really nothing to change in considering that he was convicted the first time, you know, it wasn't like we should have done it this way or that way. >> not so for the defense, allison miller and co-counsel were in attack mode from the

opening gavel. >> we're going to fight everything that needs to be fought. if we're going down, we're going down swinging this time. the judge in the state as they kept telling us, well, this wasn't an issue the first trial. nobody ejected to this in the first trial. and about 75 pounds worth. >> when i went to prison, my main goal was to lose everything and become fit. a lot of courtroom observers thought they would clean up. >> and in his appearance and his demeanor, right? >> yeah, he looked a lot more presentable, but also he grew up a lot. >> the defense pulled their punches, but not this time. >> he's the obvious subject. >> now it seems as if bill was the one on trial. >> bill has lied over and over and over again. he's highed lied to save his

own skin. he has lied to set up my client for murder, and the state has convinced you to convict kevin. >> the judge probably said 20 times, you know, there are two sets of prosecutors in this room. >> allison miller played bill's 911 call, asking the jury to use the common sense. why didn't he rush in to save diane? >> sheriff's office. >> your son choked your wife? >> yes. >> they were fighting. >> okay. >> all right, hold on for me. >> it is so fake, the heavy breathing and he starts to get emotional. oh, diane. >> and it is just so fake. >> this case is about money. >> the defense hammered hard on motive, bill's. >> bill collected $750,000 when diane died. >> three quarters of a million dollars sounds a lot more like motivation to me than a computer password. >> the rebooted defense had one last change. a blockbuster new witness.

>> and what is your decision? >> i will testify now. >> coming up. on the stand, there would be some changes to the sandals he never wore. >> no, i wore them. >> the bedroom he never entered. >> i might have taken one or two steps just opening the door. >> would a jury believe his story this time? when dateline continues. mopping is hard work, but then i tried the swiffer powermop. it has a built-in solution that breaks down dirt on contact. plus, it's 360-degree swivel head cleans up along baseboards and even behind the toilet. bye, bye bucket. with the swiffer powermop.

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we felt confident that he would be able to hold it together. >> but you never know? >> exactly. >> i think we all know who you are, but tell us your first and last name for the record, please. >> kevin lee kind. >> this wasn't his first time under oath. he testified before the grand jury, and that's when he got indicted. now here he was again, putting himself and his story on the line. it was a high-stakes gamble. >> were you and your mom close? >> very close. >> kevin was instructed by his attorneys, allison miller and jessica manuel to talk directly to the jurors. >> if you expect them to believe what you're saying, you better look them in the eye and tell them the truth. >> did you ever call your mom? did you ever call your mom? >> unfortunately, i did. >> are you disrespectful? >> yes, ma'am. >> welyou can see it all. >> a strike to soften kevin and give jurors reason to doubt he

could turn into a cold-blooded jury. >> the jury wants to hear you say you department kill your mom. >> kevin, did you kill your mom? >> no ma'am. >> but evidence on his mom's thigh has been the defense's toughest challenge. >> the blood got there once and kevin start struggling. >> from day one, kevin had maintained he never entered the room when attacked by bill. and now he would give himself and his blood wiggle room. >> when you opened the door, did you take any steps? >> i might have taken one or two steps just to open the door. >> in cross-examination, challenging kevin as a nip flopper. >> and taking one or two steps, this is the first time you said that in four and a half years, right? >> i was always saying that i opened the door. >> you were always saying you never went in the bedroom, right? >> i did not go further than the door, sir. >> i think kevin was probably in a state of shock, and i'm

not sure he entirely knows how far he got in that bedroom. >> and kevin also shifted his stories on the sandals. >> you don't recall wearing these? >> no, i wore them. they're comfortable shoes to slide on around the house to go out, smoke a cigarette. >> you said the house shoes or something? >> correct. >> after kevin left the stand, his attorneys could only hope their new strategy, clean up kevin, and dirty up bill, had worked as the jury got the case and began deliberations. >> your honor, the jury has reached a verdict? >> it took six hours. >> will you hand the form to the deputy, please? >> the little time it takes them to get that verdict form from the jury box up to the judge to the clerk to read feels like eternity. >> in the state of florida verses kevin lee kind, the charge of murder in the second degree, the defendant is found not guilty. >> not guilty. >> and that was probably the best feeling that i felt in ten

years. >> you got your life back? >> i did. >> kevin's paternal grandmother, the biggest supporter cried tears of joy. across the aisle, bill kind muttered to himself. >> i was devastated. i couldn't believe it. sometimes the bad guy wins. >> he reclaimed his life. you pulled him out of his abyss? >> yeah, good job. >> any lawyer that tells you they never lost a case. >> and prosecutor lowry was certain he put the right defendant on trial twice. >> doesn't mean he didn't kill his mother. just mean hads a jury said he didn't. >> they said the strategy to put him on the stand worked. >> not only was there reasonable doubt, but they believed kevin's testimony over bills in part because they looked at them. >> making eye contact, acknowledging your presence? >> yeah because the eyes tell

something. bill department look at us once. >> the next day, the judge released kevin. >> good luck. please don't come back. >> i won't. >> good. >> outside, kevin met his grandmother and then the local media. >> i'm innocent, there's got to be a guilty party. >> where is justice for your mother in all of this? >> i hope it is coming, so justice is filled for my mother. >> kevin can't face charges in this case again. but bill could. >> and i would like them to ask the sheriff's office to reinvestigate diane's death. >> that is silly. i would love to be the defense attorney on that case. there is no way he would be convicted because not only does the evidence show that, but the defense would be like kevin did it. >> who is this guy? >> kevin is a name on paper. that man is not a kind, and he is not my family. >> where is justice for diane

in all of this? >> kevin did serve some time in prison, and i don't believe diane would even want him to serve life in prison for her murder. in my i mind, he should still be behind bars. >> but now kevin's got a second chance at life. he says he's dedicating it to his mother. >> she's looking down and sees i'm maturing, and i'm going to be the man she wanted me to be. >> and so in the end, what do we make of this who done it? where no one could say for sure who murdered her? leaving a husband and son still pointing the finger at each other, professing love for diane. but one of them, still defiantly lying about having killed her. >> it's a had