now. i'm lester holt. there is a couple cases i really carried with me. there is a woman that lost her life. it was really emotional. it was heartbreaking, it was absolutely heartbreaking. >> a wife and mom dead in her bedroom. a frantic call to 911. >> calm down. >> moments later, another. >> my son just killed my wife. >> two separate calls, one caller was telling the truth. father versus son. >> i grabbed him. i said stop and he throws me to the ground. >> he's very good at making up stories, but that's not true. >> each is accusing the other of the crime. >> yes. >> and you have to figure out who the killer is. >> that's the problem. >> broken glasses, a pair of sandals, specs of blood what inould

investigators get it right. >> no one on our side of the family had any doubt. >> we may have the wrong guy in jail here. >> what a jury. >> it was such a battle. both sides are coming both guns blazing. >> i'm lester holt this is "date line "dateline". >> who will you believe? tonight dennis murphy with "true lies." ♪ ♪ >> bill kye knew he was a lucky man. the single dad with five kids was getting the second chance at love. >> the most wonderful lady. >> he set eyes on her at a nail salon. >> they are standing in front of this big neon sign that says nails and i says do y'all do nails here? and they just looked at the sign and then looked at me and said yeah. >> her name was diane, a blond

with a ready smile. >> you saw diane through the window so the next weekend i went to get my nails done. >> rebecca is bill's youngest child. >> give him an ex excuse to meet her. >> you were being used as bait. >> i was fully aware at the time. >> a light moment and when bill needed only eight months earlier he had become a widower. >> my wife fell in the middle of the night and hit her head and drowned in the pool. i pulled her out of the pool. i pretty much fell apart. there i was a single dad trying to raise them and, you know keep the family going. >> he loved my mom. he loved her to the moon and back and then he lost her. he was just lonely and could see it. >> in diane, bill met somebody special. >> diane comes into the picture and he has this beautiful woman and now she's taking care of him. he was in love with her.

he needed that. he needed her. >> she was actually what i consider my dream girl. a blonde hair blue eyes and just a beautiful person inside and out. >> what did she like to do? tickled her? >> she loved to raise animals and bred york shire terriers and had a big heart and would reach out to family and friends, anyone who was in trouble, they could always count on her. >> and the person who counted on her most was her son, kevin. >> i'm an only child. i've actually through my whole childhood was raised by my fan that. >> kevin could be a handful but was a bit of a mama's boy and die doted on her young son. >> me and my mom every day when we woke up and every night before we went to bed we would say we love each other and loved each other immensely. we were best friends. >> things moved quickly for diane and bill.

kevin thought they seemed just right for one another. >> he was a kind person. he did do a lot for my mom. he gave her what she wanted and they live add happy life. >> bill and diane married in 2002. kevin was 15 years old when he walked his mother down the isle. think moved into bill's home on a quiet cul-de-sac a solid neighborhood good schools, for the first time kevin had a steady male role model in his life. >> how was kevin fitting into the picture? >> quite well really. he really took to me more than 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 his name. >> he wanted his name to be the same as his mom and i and i was very proud of that. >> so what is wrong with this picture? not much. kevin got along fine with bill but joining a big family with five kids was a challenge.

he didn't always fit in there was tension and a lot of it swirled around the new baby of the family kevin. >> you could tell he was raised as an only child because he was about himself and his way all the time. >> but kevin's cousin tonya says the kids didn't make things easy for their stepbrother. >> the kids were mean. >> kevin felt like an outsider. >> a little bit, i think there was a lot of friction in the house. >> in the summer of 2010 things in the house were the tense and coming to ahead. kevin now 23 was jobless and still living at home. and then he had brain surgery to remove a benign tumor, he felt he needed time to recover, but bill and diane were ready for the next chapter of their lives and his. >> we had actually been talking a lot about buying our dream home diane and i wanted to get out on our own, start our own life together we were looking

for a place of our own. >> but kevin comes, too? >> no you're 23 years old, time to be on your own. >> i needed to be out, we knew that and i wanted to. they wanted the house to themselves i wanted to be on my own, too. i don't want to live with my parents the rest of my life even though we're extremely close. >> on august 15th 2010 thoughts of dream homes and moving out faded into the routine of the hot florida sunday. bill mowed the lawn and cleaned the pool. kevin was looking forward to the nascar race and sprawled out on the couch. diane settled into the master bedroom. it happened a little before 2:00 p.m., a desperate call to 911. >> help me please help my mom. >> moments later, another call a different voice. >> oh, no diane. >> okay. they are on their way. >> i don't think she's breathing.

oh please. >> sir? >> quick. >> something unspeakable had happened in the house. a senseless vie lenl actolent act, a mystery with no easy answers. >> a mystery where there is only three people there and one of them is dead. so the killer has to be one of other two. >> but which one of the other two, that was the question the that would haunt police. when we come back. >> it's a difficult case. >> the evidence at the scene. >> there is broken glasses and a shoe. >> who would i point to? both father and son tell their stories down at the station. >> i says kevin, stop. he throws me to the ground and takes off running. >> he's very good at making up stories, but that's not true.

are you tired of hazardous glass made so clear by sfx: slide show windex that you don't even know it's there? sfx: slide show smudge it! with the new smudge stick even clear glass gets visibly smudged in a snap. sfx: smudge sounds against glass get it now and say no to spotless clear windex glass.

911 is this fire police or medical emergency? >> the 911 operators are used to dealing with life and death emergencies but this was different. diane kyne was dead and her husband and son were distraught and both making frantic calls. first kevin. >> my dad is trying to kill me. help me please. he's outside choking me. >> calm down. 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 same location just minutes apart.

kevin kyne and his stepfather bill each accusing the other of murder. >> please be quick. >> "tampa bay times" reporter curtis kruger says the competing calls were even more unusual because they were made in the heat of the moment. >> one person presumably is calling and telling the truth, the other person has already figured out the story that they are going to use that's not true. that's pretty rare and certainly quick and devious thinking by someone. >> father and son, one falsely accused of an appalling crime, the other, the real killer and a devious liar the case would be a tough one. i went to veteran homicide detective jim. >> they both immediately accused each other. >> so you could evaluate wailt these stories. >> i do. ist a difficult case. >> first responders found diane's body face up in her bed.

she was just 49 years old. >> it appears that she died from possible strangulation or affixation and there is some other things in the room, broken glasses at the bottom of the bed and a shoe. >> maybe most interestingly, there was blood. blood on the bed cover, blood on the victim upper leg, huh? >> yes, the victim had three small spots of blood on her leg. >> things were in disarray inside the house and in front yard. he took a quick inventory. >> shirts in the driveway and the yard. there are shorts a phone was in front yard. >> just those visual observations any of that stuff explain itself to you about what happened here? >> not really, at this point we got to interview the two people that are there. >> who do you begin with? >> bill. >> detectives ask bill to come down to head quarters to get his story. >> all right, bill you do know

why we're here tonight. >> he and kevin were going to sit down and watch the nascar races on television. >> bill says kevin went to the master bedroom to talk to his mom. >> i hear her holler out kevin in a loud voice and probably five ten, 15 minutes goes by and i get up to go see what is going on. i push the door open and see kevin on top of diane, i ran in grabbed kevin from the back pulled him off of diane. he slammed me back into the furniture and scooted out the door. i caught him at the kitchen, he was throwing me around like a rag doll shook me off again, ripped the metal off of the door handle pulling i out so hard. >> so now the tussle is in the front yard. >> i grabbed him and his shirt came off and at one point his shorts came off he reached into his shorts before they came off, pulled out a cell phone and he called 1911.

i says kevin, stop let's stop this. he says okay dad, i'll stop. he throws me at the ground and takes off running. >> he's gone. >> he's gone. >> bill tried to catch his breath and collect his thoughts. his daughter rebecca found him head in handout side the house. >> he looked so empty. when we got to my dad he just looked he looked like you just took the life right out of him. you took his life away again. and i just i broke down for him. i couldn't do anything but just reach out and hug him. >> with bill's story on the record he talked to kevin to get his version. he said it started as another sunday with no hunt. >> i was just kind of feeling a little off so i laid down on the couch. >> bill tapped me on the head

and said your mom needs to talk to you now. he tapped me on the scar and i said okay i'm sleeping not feeling good now, tell her i'll be a minute. he came back and said your mom needs to talk to you right now. i went towards the room and pushed the door open and as soon as i pushed the door open he grabbed me and put me in a choke hold. >> bill did? >> yes, sir. >> i was screaming, mom, mom, mom, please, help me anybody and i saw my mom's face. her face was black and blue. it wasn't even blue it was just black and it was absolutely horrible and that's a mental picture that will be in the back of my mind for the rest of my life probably. >> you've been fighting in the front lawn and calling to the neighbors for help and 911 for help. where does it go next? >> at that point i finally got away. i broke free and ran as pastfast as i could. >> are you running away from a murder scene? >> yes, somebody that murdered my mother and trying to murder me. >> this story gets told a completely different way from

bill. his version is he come sbooss into your mother's bedroom and you were on top of her killing her. did that happen kevin? >> no, sir. he's very good at making up stories, but that's not true. >> you didn't kill your mother. >> no, sir, i did not. >> two distraught 911 calls. two dramatic stories describing 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 drowned in the pool. >> was bill kyne becoming suspect number one when "dateline" continues.

a woman murdered two men in the house, each is accusing the other of the crime. one did it and you have to figure who the killer is. >> that's the problem. >> the spouse is always a suspect until they are not. >> yet. >> not only is the husband always a suspect, this husband had already been accused of killing his wife by his own son. so detective jim binning started

taking a hard look at bill kyne. >> are you finding out anything about bill that puts him in the frame? >> sure bill had a previous marriage and they lived at the same home and he had a wife that drowned in the pool. >> that would interest me. did it interest you? >> absolutely. >> bill's first wife krista died in the middle of the night. there were no witnesses but investigators believe she tripped, hit her head and ended up drowning in the pool. police ruled it an accident and bill collected on an insurance policy. >> do you know how much money was paid out on her death? >> i believe approximately $250 $250,000. >> he had other pay offs one when a shop burned down and the beneficiary on policies for diane totaling $750,000. >> are you a guy that plays fraud games on insurance companies, bill? >> no, every one of those was

investigated. >> consistent,, arson, insurance payouts including up to diane's death. >> right. >> that's the picture that comes together against you. >> i understand that. >> there this is not fraud on your part? >> absolutely not. >> kevin, bill's main accuser says the motive for his mother's murder is obvious, she was worth more dead than alive. >> let me hear you indictment for bill kyne to your mother why? >> money, $750,000 could help him out a lot. >> detectives thought they had a plausible motive and comb through bill's 911 call and lengthy interview. not everything seemed to add up. reporter curtis kruger noticed something curious reported by the first deputy. >> the first responders arrived and attempted to take a pulse of diane and they found her body to be somewhat cold that of course indicates that she may have been dead for awhile.

>> a deputy arrived just minutes after bill said he caught kevin the in the act, diane's body temperature may have suggested a different timeline. the detective was troubled. he said he never went back to check on diane after kevin ran off. >> i assumed that she was already dead but it had been so brief, did you get a good look at her? >> i did not. >> i would think when you come back in you immediately go to her bedside and see what is going on. >> i wish i would have. >> but you didn't do that? >> i didn't do that. >> bill would not have had to check on diane if as kevin said he was the one who killed her and when the crime lab reported on the first item sent for dna testing, the results seem to place bill directly at the crime scene. remember diane died as affixation. it showed bill's dna profile on a sample taken from her neck. >> we were a loving couple and slept in the same bedding to. my dna should be on her.

>> a reasonable explanation for a bad fact but was it the truth. he reached into the tool box to assess credibility. he asked him to take a lie detector test. >> you agreed to take a lie detector test and you flunked the critical questions. >> i flunked certain questions. >> two questions and i won't paraphrase but they both had to do with whether you caused or death or knew what happened to her. >> one of the questions, did you cause the death of diane dyne bill's answer no. another question did you lie about kevin being on top of diane on august 15th 2010? bill's answer once again no. according to the test results, both of those answers showed deception. >> central stuff. not that stuff. did you lie. >> i did not lie. that's why they do not use them in courtrooms because they can issue false readings.

>> if the guy is flunking the tests and the son says he did i, it's not a good set of facts, is it? >> no, that's why we have to attack bill. >> did they ever. along with detective anthony stevens brought bill in for more questioning the same day he flunked the polygraph test and put the screws to him. >> she is dead and there are two people that could have done it and his dna is not on his neck yours is. >> you already knew she was dead. that's why you didn't go in the room. >> and the only way you could have known that is to possibly be involved. >> it was a withering interrogation and bill kyne cracked and changed his story and said he did, in fact go into the bedroom after the fight with kevin. >> why would you lie to us about certain statements? >> i got no logical explanation. >> detectives don't like to be lied to and he told you a lie. first statement i'm not in the

room and now he is the in the room. >> now he is in the room. bill you said you weren't in the room. what is going on? >> does he back peddle again from that story? >> he does. he said i thought it would be better if i said i was in the room. >> bill thought if changing his story made him look better, he was probably the only one. >> i have told you what really happened. >> which version are we supposed to believe? because you haven't been truthful to this point. >> do you see how this is going? you fail added a polygraph. your dna is on her neck, his isn't. the mountain is starting to build. >> detktectives thoukt itght it was a mountain of evidence against him. >> coming up. >> his glasses found at the bottom of the bed. >> could there be a mountain of evidence against kevin, too. >> i said your blood is found on your mom's leg, what is your explanation for that? ♪ recently we've noticed some ads created by these two birds

inviting you to stay away from the streak free shine of windex. well dear windex users these ads are false. sfx: squeaks from window cleaning clean glass is better than dirty glass. don't stand for dirty. use windex.

detectives thought they had compelling evidence against bill kyne and when they started checking out his stepson kevin they realized he was on the radar before. >> your deputies had a history of being called to the house. >> they did. >> five years earlier when kevin was 18 he got into an argument with his mother's sister. state attorney bill lowry

described what kevin did next. >> the police showed up. he followed the police and even was trying to have his dog attack the police during it and he was arrested for battery on a law enforcement officer and resisting arrest. >> kevin pleaded guilty and now deputies were back at the house. this time investigating the murder of diane kyne. bill who said his son did it, was painting a picture of kevin's violent past. >> i 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're going to listen to me and had a knife in his hand and it scared the heck out of me. >> kevin says that never happened. another time kevin's mother bolted her bedroom door to keep him out. >> he kept pounding on the door and pounding on the door and finally kicked it in and it broke the door.

>> was bill deflecting attention away from himself? or telling the truth able the man he insisted killed his wife? daughter rebecca backed him up and attacked kevin in her interview with the cops. >> he was a little hot head. he would come in and throw his weight around. >> like the time she said kevin tried to take bill into a fight. >> he would puff up and get in my dad's face screaming for him to hit him, please hit me i'll call the police and you'll go to jail right now. >> it was a classic kind of boy cry wolf because bill hadn't done anything it was just kevin trying to get bill in trouble and call 911. >> kevin said he made that call because bill shoved him and things got so bad bill and diane even took legal action to throw him out. >> diane told him, kevin, don't push me. you're going to see what we can do to get you out of this house.

he didn't believe her. i went to my attorney. he drew up the papers and we had him legally evicted. >> you can do that? you can evict a child? >> he was 21. >> she couldn't cut the cord. she let him come home. the summer of 2010 however was racing toward as showdown. tensions in the family were high. the kyne house was cramped with four extra people bill's son and his family camping out on couches because of financial troubles. kevin wasn't making things ease year obnoxious about sharing the computer. >> he was a computer hog. >> that's all he wanted to do. it wasn't even his computer but he could change the password and kick everybody off. >> kevin's mother was furious, she stopped talk directly to him. >> talking via e-mail. >> completely. >> 30 feet across the house communicating by e-mail. >> the not even 30 feet.

>> the last straw was kevin cursing out his mother in front of the family. >> called her a c wardord and retard. >> they gave him a deadline to get out for good september 21st but five weeks before the deadline day, diane was dead and bill said kevin's violent past and temper pointed to him. >> did kevin kyne kill his mother diane? >> yes. >> the reason? >> because he was getting kicked out of the house. >> the reason you should not be looked at for her murder is what? >> i didn't do it. i'm the one that pulled her murderer off of her that day. >> but kevin had already told detectives that was all lies. he hadn't been near his mother and never made it into the bedroom. detectives knew they found something important inside and it belonged to kevin. >> his glasses were found at the

bottom of the bed. >> which belies his statement he didn't get into the room? >> right. >> kevin's violent history and glasses did him in. he was arrested and charged with killing his mother and held in jail. that wasn't the end of the story, not by a long shot. remember bill kyne flunked his lie detector test and kevin agreed to be wired up. >> asked the critical questions around one question did you kill your mother. >> exactly. >> you passed it. >> passed it flying colors. >> when the polygraph stuff came back you may have the wrong guy in jail here. >> the prosecutor acted quickly and handed kevin an get out of jail card releasing this accused killer back into the community. >> i felt as a prosecutor and my goal here is justice, i thought it would be wrong to have kevin sitting in jail with the status of the case at that moment. that doesn't necessarily mean we have enough evidence to by bill in jail. >> so the prosecutor convened a grand jury in early 2011 hoping to sort things out, he asked

kevin's lawyers about heletting kevin the the testify. >> we found him credible and compelling shoot, maybe we would put him in front of a grand jury and believe him and he never gets indicted. >> i wanted the story out there and the truth to be out there and i felt like it would help me if i could present myself to these people. >> kevin told his story to the grand jury. how he stood at the bedroom door shocked by his mother's appearance and then bill jumping him from behind. >> he goes into how he never went in the room. >> but kevin was at a big disadvantage. >> he at that point doesn't know about the blood evidence. >> three specs of blood had been found on diane's leg and more on her bed cover. lab analysis just back showed it was kevin's blood but only the prosecutor knew that. >> i said you know your blood was found on your mom's leg, what is your plaexplanation for that? i have no explanation. >> in the battle of come paying stories, the grand jury broke the tie.

kevin kyne's testifying backfired, he was indicted on the spot for first-degree murder. >> as he's leaving the courthouse from the grand jury he's brought back in and arrested again. >> the case had been unpredictable from the start. it had rival 911 calls. >> he's outside choking me. >> conflicting accounts. >> my son killed my wife. >> in the courtroom, there would be even more surprises. coming up this sandal scandal. >> actually says i've never seen them before. >> what did science find? >> his dna was on them. >> would a jury vote to convict kevin or could it still swing right back to bill? >> oh, no diane. >> it's just so fake. >> when "dateline" continues.

are you tired of hazardous glass made so clear by sfx: slide show windex that you don't even know it's there? sfx: slide show smudge it! with the new smudge stick even clear glass gets visibly smudged in a snap. sfx: smudge sounds against glass get it now and say no to spotless clear windex glass.

july 2012 two years after diane kyne was murdered this her own bed, her son kevin stood trial for killing her. bill kyne the other man under suspicion came to the courthouse every day feeling the loss of

his wife. >> she was everything i dreamed of in a lady. we were going to sprenld the g toing ging to spend the rest of our lives together. >> in dueling 911 calls, prosecutor lowry was confident blood evidence would sink the son's story and fully support the husband's. >> who was your best witness? >> i think probably anna cox was, really. >> anna cox, a bloodstain expert testified that kevin's blood was not only on his mother but her bed cover. >> if he says he wasn't in the room does your scientific finding deny that premise. >> yes. >> scientific evidence shows he was in that room. >> you have to be right next to the comforter. >> to the prosecutor it was a home run confirming bill kyne's story, he opened the door and saw kevin straddling the bed on top of diane and lowry argued kevin's blood at the crime scene had to get there during a struggle or when bill pulled him off her. >> there is no explanation.

>> and his broken glasses had been found in the bedroom along with his sandals, one inside the room one by the door. >> he was adamant they were not his sandals, never wore them. >> he said i never seen them before. >> but what did science find? >> his dna was on them. why would he lie about the shoes? the reason he lies because the shoes show he's in the room. >> bill kyne took the stand to tell his story story about that day and he put his personal stamp on those sandals. >> diane and i bought them for him at sam's club about a year or so prior to this incident. >> bill recalled the time kevin tried to pick a fight with him and called 1 -- 911. >> he was a boy who cried wolf who would make 911 calls frequently. >> bill says kevin was hard on

his mother especially in the summer of 2010 when he got the deadline to move out and he cursed her out. >> that's it she says i can't live with you one second longer. >> how close is that to the day, the awful day? >> probably a week. >> the prosecutor's thoreory is he snapped. >> kevin lied. his dna is in the room. consistent with bill's story, inconsistent with his story. therefore, he did it. >> we both believed bill kyne killed diane. >> they believed bill's story was not true and his dna was all over the crime scene. >> the dna on her neck pillows, the dna on the folded sheets to me was a slam dunk. to me, that's reasonable doubt. >> the defense offer add theory kevin's blood sprayed toward the bed after he was scratched by bill in the fight at the door. the defense also argued that

bill was the real killer. >> if it's not our guy, it has to be him? >> we did say that. i don't know if it was just not as aggressively as it needed to be said. >> maybe if they had hit bill harder jurors would have found reasonable doubt but they didn't after four hours the jury came back with a verdict, guilty. kevin kyne was sentenced to life in prison my throat went down to my ankles. it was a horrible feel sglg there were no winners. kevin would be in jail for the rest of his life, i had lost the woman was going to grow old with. >> it was heart-breaking. >> but alison miller still believed in kevin and wouldn't give up. murder convictions rarely get overturned but alison thought an appeal had a solid chance. she had 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 prejudice the

jury against kevin. >> i called and said can i speak to kevin kyne and some helpful person was like 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 just tell him he's getting a new trial. >> i was astounded. i was 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. >> in february of this year it was florida versus kevin kyne round two. same courtroom, same judge, and same prosecution strategy. >> so it was really nothing to change and considering that he was convicted the first time you know wasn't like we should have done it this way or that way. >> not so far the defense.

alison miller and co-counsel jessica manuel were in attack mode. >> we're going to fight everything that needs to be fought. if we're going down we're going down swinging this time. >> you know the judge and state said this wasn't an issue the first trial. nobody objected the first trial. hey, guys we're hoping for a different out come. >> one jaw-dropping defense, the defendant himself, a classic before and after weight loss about 75 pounds worth. >> when i went to prison, my main golfs to lose everything and become fit. >> courtroom observers thought you cleaned your appearance up a bit. >> he looked a lot more presentable and grew up a lot. >> bill kyne -- >> defense pulled punches on bill kyne in trial one but not this one. now it seemed like bill was the one on trial. >> bill kyne lied over and over and over again. he's lied to save his own skin. he's lied to protect himself.

he's lied to set up my client for murder and the state expects you to convict kevin based on that man's word. >> funny, the judge probably said 20 times, you know there are two sets of prosecutors in this room. >> alison miller played bill's 911 call. why didn't he rush in to save diane? >> sheriff's office? >> my son coked my wife. >> your son choked your wife? >> yes. >> okay. >> they were fighting -- >> okay. hold on for me. >> it's so fake. the heavy breathing and gets emotional, oh diane. >> oh no diane. >> it's just so fake. >> this case is about money. >> the defense also hammered hard on motive. bill's. >> bill kyne collected $750,000 when diane kyne died. >> 3/4ths of a million dollars sounds like more motivation to me. >> the defense had one last

change a blockbuster new witness. >> what is your decision? >> i'm going to testify. >> coming up on the stand there would be some changes, too. the sandals he never wore. >> no i wore them. >> the bedroom he never entered. >> i might have took one or two steps just opening the door. >> will a jury believe his story this time?

- you can collect rainwater to shower with but there are easier ways to go green. like taking shorter showers, which conserves water and lowers your bill. you'll sing long ballads in the rain and short ditties in the shower. ♪ the more you know ♪

we felt confident that he would be able to hold itting to. >> never know. >> 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 kyne. >> this isn'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 alison miller and jessica manuel to talk directly to the jurors. >> we said 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 a bitch? >> i did. >> did you call your mom a retard? >> i did. >> kevin, was this true? were youisrespectful yes, ma'am. a preemptive strike a part of the plan to soften kevin and give jurors reason to doubt that an immature bratty 23-year-old could turn into a cold-blooded killer. >> what this jury wants to hear is you to say you didn't kill your mother. >> kevin, did you kill your mom? >> no, ma'am. >> evidence of kevin's blood on his mom's thigh was the toughest challenge. >> the blood got there once bill and kevin struggled. >> from day one kevin maintained he never entered the room now he would give himself and his blood some wiggle room to get closer to his mother. >> when you opened the door did you take any steps into the bedroom? >> i might have took one or two steps just opening the door? >> in cross examination, they

challenged kevin as a flip-flopper. >> this taking one or two steps, this is the first time you said that in four and a half years, right? >> i've always saying that i opened the door and that's as far as i went. >> 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. >> kevin also shifted his story on the sandals. >> you don't recall wearing these? >> no i wore them. they were comfortable shoes to slide on in the house and go out and smoke a cigarette. >> so they were like a house shoe or something? >> correct. >> after kevin left the stand, his attorneys hoped their new strategy worked clean up kevin and dirty up bill worked. >> the jury reached a verdict. >> okay. >> it took six hours. >> the little time it takes them

to get the verge form from the jury box up to the judge to the clerk to read feels like eternity. >> the state of florida versus kevin lee kyne in charge of murder in the second degree the defendant is found not guilty. >> not guilty. >> that was probably the best feeling i've felt in ten years. >> you got your life back. >> i did. >> kevin's paternal grandmother, his biggest supporter cried tears of joy. across the isle bill kyne muttered to himself. >> i was devastated. i couldn't believe i, sometimes the bad guy wins. >> you reclaimed his life. >> yeah. >> good job. >> you, too. >> any lawyer that tells you they never lost a case never tried any tough cases. >> prosecutor lowry was still certain he put the right defendant on trial twice. >> doesn't mean he didn't kill his mother. just means that a jury said he didn't. >> the jury informant said the defense's strategy to put kevin

on the stand worked. >> i just don't believe that the evidence points to kevin. >> not only was there reasonable doubt, this juror believed kevin's testimony over bill's in part because kevin looked directly at him. >> did that make a difference to you, making eye contact and acknowledging your presence? >> yeah because the eyes tell something. bill didn't look at us once. >> the next day, the judge released kevin. >> good luck mr. kyne and please don't come back. >> i won't. >> good. >> outside kevin met his grandmother and then the local media. >> i'm innocent. there has got to be a guilty party. >> where is justice for your mother in this? >> i'm hoping coming that way justice is served for my mother. >> the fifth amendment prohibits double jeopardy so kevin can't face charges again but bill could. >> i would like the sheriff's office to reinvestigate bill

kyne. >> there is no waybill kyne could be convicted because not only does the evidence not show that but the defense would be kevin did it. >> who is kevin kyne? is this guy? >> kevin kyne is a name on paper. that man is not a kyne and he's not my family. >> where is justice for diane in this? >> kevin did serve time in prison and i don't believe 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 has got a second chance at life he says he's dedicating i to his mother. >> she's looking down and sees the that i'm maturing and i am going to be the man she wanted me to be. >> so in the end, what do we make of this mind-boggling who done it where no one can say for sure what murdered diane kyne leaving a husband and son still pointing the finger at each other, still professing love for diane but one of them still

defiantly lying about having killed her. >> that's all for now, i'm nbc 10 news starts now. a hit and run leaves a local star athlete in critical condition. his family's plea to the public coming up in a live report. plus, allegations of police brutality at a pool party filled with teens. this video has gone viral. now the officers involved are in hot water. and it will be dry as you drive to work or school this morning. those of you who go to school in the second week of june as you take a live look at center city philadelphia, it could be a stormy drive home this evening. possible thunderstorms this afternoon, good morning, welcome to nbc 10 news today on this monday, i'm