she was like the sister i it's terrifying. who's next? >> it was the house in the country she always wanted. >> she looked for it, and then she found. she was like, this is it. >> until someone turned it into a house of horrors. >> 911, what's your emergency? >> my wife and son are both shot. i need help. >> nichole had been shot in the back of the head. taylor had been shot in the face. >> it looked like a murder/suicide. then the questions started. >> one of the investigators located a rag with blood on it. >> why was the rag outside the house if both victims were inside?

>> it was fresh blood on the rag. >> and if you can't reach the trigger, how do you shoot yourself? >> to reach the trigger with your finger to do it, you really can't. >> was it a murder/suicide? >> i said, i need to know what happened. i need you to tell me the truth. >> or did someone just want it to look that way? >> no witnesses. no dna. no fingerprints. that's a lot of things that are lacking. >> two deaths, two trials, one truth. >> the last time i saw her, she said, avenge me if something happens to me. you avenge me. >> i'm lester holt, and this is "dateline." here's andrea canning with "the trouble in quitman." >> reporter: the white dove. a symbol of peace, love and fidelity. one young woman was so moved by their grace and beauty, she

turned her passion for doves into a business, releasing them at weddings and also funerals. she enjoyed helping families grieve. it just melts you. >> reporter: nichole payne believed in the power of the image someone's spirit flying to the heavens on the wings of a dove. on a december morning in 2007, her doves made their most poignant flight. this time at her own funeral. a final gesture of peace after an appalling act of violence. >> she's just a gentle, happy soul. she loved people. >> reporter: nichole's mother, sherry, says her baby girl made being a parent easy. her brother came in the world screaming and she just came into the world -- just peaceful and happy. >> she looks like that -- in her pictures >> she was -- people loved her. >> reporter: nichole was a tomboy who loved the country life in the piney woods of east

texas. >> she was definitely a free spirit. she -- she was fun. >> reporter: michelle beecham was nichole's friend. sarah hawthorne was her sister-in-law. >> she was gonna have fun, whatever she was doin'. loved diggin' in the dirt. if you went to her house that's the first thing she's gonna do, is drag you outside in the yard and show you what she -- what she planted. loved her animals. she had dogs, goats, birds. >> reporter: melisa thickstun remembers nichole giving her pet pig an unusual makeover. >> she loved all that -- to the extent of painting the pig's toenails. i mean, she -- yes. >> you serious? >> she did. yes, she did. >> what color? >> pink. >> i was gonna say, like, a hot pink? >> yeah. it was pink. she never ceased to amaze me. >> reporter: when she was 28, nichole had a first date with jason payne, a 31 year-old from louisiana. he was handsome and seemed sensitive. they shared a moment, and that was all it took. they were smitten. melisa is jason's sister. >> you see the attraction? >> yeah.

she was beautiful. oh my gosh, yeah. and i could just see it with him. his face was lit up. >> reporter: they fell in love and got married before friends and family even knew they were dating. it was a whirlwind romance. >> when she told me she married jason payne it was a shock. she married him in two weeks of knowing him. >> so how did nichole seem when you -- when you met her new groom? >> she seemed real happy. she seemed happier than she had been. it was a second marriage for nichole, and she brought two boys with her: 9 year-old son taylor, and 10 year-old daniel, who'd been adopted from foster care. jason took both boys under his wing. >> he came in, he said, "i'm gonna take the responsibility of raising these two kids as if they're mine." so it was great, now i have a mom and an actual dad that i can call my own. >> reporter: for the first time, daniel settled in to a real family life, sharing a room with taylor, one year his junior. >> tell us about taylor, what was he like? >> he was a really cool kid. i mean, he was a little

eccentric, but he was overall, he was a nice guy. we grew up with pokã mon and, you know, the playstation era, so we spent a lotta time playin' video games with each other. >> that i got to know was-- quiet. he never was in groups. he'd kind of shy away and just go play video games. he was just different. >> reporter: jason taught the boys how to fish and hunt. >> i think he was like, this is your way into manhood, you know? you're gonna learn to shoot guns. we started off with, like, bb guns, and then we just -- did, you know, shotguns, 30-30s, whatever. >> you both became experienced with guns -- >> yes. experienced enough to where they would trust us, to where -- if we walked out of the house with a gun to go shoot it, we had access to it. >> reporter: nichole and jason eventually had two babies of their own, jackson and remington. it was a young, blended family. happy, but not exactly the brady bunch. despite nichole's assurances, daniel always worried he was one

step away from yet another foster home. >> i'm like, "they're comin' to get me. they're comin' to get me." but she kept on saying, "no, look, you know, we're adding on, but you know, your -- your place here is not changing at all, so -- >> so sweet. >> yeah. >> he worked hard to make you feel loved. >> yes. >> reporter: the couple struggled to make ends meet, especially after jason had a serious car accident. >> how badly hurt was he? >> he had -- a spinal injury that -- eventually required surgery. so he was off work for a couple of years. >> eventually, jason received a $900,000 insurance settlement. even after lawyers' fees, it was still plenty to buy a piece of the american dream. >> what did they do with their money? >> they bought a house. paid for the house. and they bought cars. used cars. >> reporter: the house was in

the little east texas town of quitman. nichole loved making it her own. she bought furniture and planted roses. jason splurged on a new fishing boat. they built a coop in the back for nichole's doves. the place was just about perfect. >> how did life seem at the new house? >> a lot better. she wanted this type of house. and she looked for it, and then she found it, and she was like, "this is it." and he made it happen. >> how did the relationship seem between jason and nichole? >> stronger. yeah, much stronger. >> reporter: in december of 2007, things were going well for the paynes. the kids were happy and healthy. a christmas tree in the living room signaled the start of the holiday season. then -- >> 911, what's your emergency? >> reporter: on a tuesday morning, it happened. >> my wife and my son -- they're both shot. >> say it again sir. >> my wife and my son are both shot. i need some help. >> reporter: the serenity of a peaceful life was shattered by the blast of a high powered rifle. and that dream house in the

country was now a crime scene. >> what happened in that house? when we return -- >> nichole had been shot in the back of the head. taylor had been shot in the face. >> a wife and her son suddenly gone. a husband in shock. >> this guy fell to his knees and cried. that was the first time i had ever seen him cry. discover cosentyx, a different kind of medicine for moderate to severe plaque psoriasis. proven to help the majority of people find clear or almost clear skin. 8 out of 10 people saw 75% skin clearance at 3 months. while the majority saw 90% clearance. do not use if you are allergic to cosentyx. before starting, you should be tested for tuberculosis. an increased risk of infections

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you can hear the wind blowing out here. it's a quiet place. >> reporter: miles tucker is the chief deputy of the wood county sheriff's office. >> murder is an unusual thing to see in a community like this. they don't happen very often.

>> reporter: back in 2007, tucker was the lieutenant in charge of criminal investigations. >> december 11th, 2007, 911 call comes in. i'm at my desk. >> my wife and my son are both shot. i need some help. >> hold on. just stay on the line with me a minute. >> i have to carry my little girl outside. >> reporter: lieutenant tucker rushed to the scene. >> i meet a man here at the house holding a child. i assume at that point that that is my caller. >> reporter: it was the caller. jason payne was holding his daughter in his arms. he stayed outside as the lieutenant went through the house, taking an inventory of everything he saw. >> there was television over in the corner, had cartoons on it. i'm noticing the christmas tree, i'm noticing the christmas decorations. >> reporter: the holiday cheer in the living room was a stark contrast to the tragedy tucker found in the rest of the house. >> nichole had been shot in the

back of the head. and it appeared that taylor had been shot in the face. >> reporter: 35-year-old nichole payne was in her bedroom. her 16-year-old son taylor was in the garage that had been converted to his room. both were dead. >> it was a gruesome scene. it was just a massive amount of -- of -- of blood. you could obviously tell that -- that a high-powered rifle had been used. >> reporter: a single bullet not only killed nichole, it tore through her bedroom wall and landed outside. when tucker walked into taylor's room, he immediately noticed a weapon. >> there was a rifle there between his legs. he was on his own bed. >> reporter: there was no evidence of forced entry at the house no signs of any struggle indicating a home invasion. but there was taylor sprawled out on his bed, as if the force of the shot had knocked him onto his back. the rifle was at his feet with the barrel pointing up. the depth of the tragedy hit

tucker hard. >> taylor, being the age that he was and just the bright future ahead of him and the -- it was just -- it was -- was sad. >> reporter: the crime scene investigator at the house told lieutenant tucker the evidence was telling a clear story. >> he believed that taylor had shot his mother and then shot himself. he is 100% sure that it's a murder-suicide. >> reporter: tucker's team finished processing the crime scene. they gathered evidence to send to the lab for testing. jason was still at the house looking bewildered. >> he was just kind of, i would say, maybe in a zone. that's about the best way i can describe it. it's possible jason was in shock. >> reporter: the lieutenant wanted to hear what jason had to say. he asked him to come to headquarters. >> he's the one that is gonna be able to hopefully shed some light on everything and tell us what's going on. >> jason, we've got to find out what happened there at your

house. >> reporter: jason walked investigators through his morning. he said while he got his two younger children dressed, taylor was having a temper tantrum over not having his own cell phone. >> i mean, just kinda ranting and said he wasn't going to school. >> why didn't he want to go to school? >> i think he was mad over the cell phone. >> reporter: jason told investigators taylor refused to leave the house, so he packed his other kids into the car and drove his younger son to school. when he returned, he said he made the awful discovery and called 911. >> what did you think when you saw your wife like that? >> i don't know. i -- it was just shock. >> reporter: tucker asked jason about his relationship with taylor. >> yeah, it's good.

he's the average teenager, i would guess. maybe in -- introverted or closed. >> what about taylor and your wife? >> just, normal. i mean, teenage argument. i mean, cell phone, computer, you know, driving. >> reporter: nothing jason said about taylor explained the outburst of violence that morning. but the obvious excruciating question, had to be asked. >> when you saw that this morning, do you think taylor shot himself? >> i don't know. i don't know. [ crying ] >> 'cause, jason, if that's what happened, then that's -- that's gonna mean that there's a possibility that he also shot your wife. and i don't have an easy way to say that. >> reporter: word of nichole and taylor's deaths quickly reached family and friends. >> she was an incredible person.

she was like the sister i never had. it was devastating. >> reporter: nichole's mom was alone at home when she heard the news. >> i was sitting on my bed. and i -- i told myself, "you're not -- right now, right this moment, i have to choose to live. i have to choose life. i have to make a decision." i have to choose to live. >> reporter: the family had a funeral for nichole, and then taylor. at the close of each service, nichole's white doves were released into the sky. >> reporter: how special was that? >> it was special 'cause it meant so much to nichole. every phone call that she made to me was -- you know, was always started with the doves. and you know, it was a blessing to be able to release her birds for her funeral. >> reporter: daniel remembers a moment he shared with his

step-father jason, after the funerals. >> this guy fell to his knees and cried. and i mean, he's a grown man. and that was the first time i had ever seen him cry. >> reporter: did you cry with him? >> oh yeah, yeah. >> reporter: the family said their painful goodbyes, but lieutenant tucker had a lot of work to do. and a single piece of evidence was about to break the case wide open. coming up, a red flag. blood red. >> one of the investigators located a rag with blood on it. >> and if both victims were inside, why was the rag outside? >> for a rag to be somewhere outside of the house with fresh blood it, that's a significant find. >> when "dateline" continues.

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lieutenant miles tucker sized up his case. >> you know, i had two victims. and i needed to know what happened. >> reporter: tucker reviewed everything he'd found at the house that day, trying to make sense of the horrific scene. when he first made his way into nichole's room, he approached

the bed. and touched nichole. tucker says her body was still warm. >> she obviously had not been there very long. when we made our way back in to taylor's room -- taylor was just the opposite. he was very cold to the touch. >> reporter: the way it looked to lieutenant tucker, taylor died much earlier than nichole. if he was right, taylor couldn't have killed his mother. tucker guessed someone else killed nichole and taylor, then placed the gun at his feet to make it look like a suicide. as tucker's team continued processing the scene, they found a promising clue outside. >> one of the investigators located a -- a rag with blood on it inside jason's truck -- in the -- in the back floorboard. it was very bright red. so, that -- that signaled to the investigators that that was fresh blood. >> reporter: the rag was sent to a crime lab for dna testing. >> for -- a rag to be somewhere else outside of the house with fresh blood on it -- that's -- that's a significant find.

>> reporter: with the evidence they had from the crime scene, investigators became more confrontational during their interview with jason. >> you and your wife real close? >> yeah, pretty close. >> did you consider your -- her your best friend? >> yeah. i mean, we had falling outs, but, yeah. >> what is the last one? >> yesterday? day before? >> what was it about? >> i ain't -- nothing, uh, nothing. nothing. i mean, little -- little stuff. nothing. >> reporter: after talking for 90 minutes, jason said he was tired and ready to go home. and that's when lt. tucker straight up asked him. >> jason, did you have anything to do with this? did you have anything to do with killing your wife? >> you've gotta be out of your mind to think that i would have anything to do with this. and i resent that you ask these questions like i am sitting here -- had something to do with it. i am sitting here trying to be as helpful as i can.

>> reporter: the early moments of the investigation didn't give lieutenant tucker enough to make an arrest, or even reach a conclusion about what actually happened. so investigators turned to the people who knew jason and nichole best to learn about their marriage. nichole's mother said trouble had been brewing. >> she wasn't happy that last couple years. and there were just signs that, you know, that something wasn't right. >> what were the signs? >> he was controlling. he was very controlling. and it -- and it just seemed to get worse and worse as time went on. >> reporter: sherry said nichole was so intimidated that she would hide while making calls to her family. >> she said -- i can't -- talk on the phone without him following me from room to room. i have no privacy on the phone. i have to hide in the closet. >> what would she talk to you about that she felt that she needed to be in the closet? >> at that point how unhappy she was. >> reporter: lieutenant tucker says the story of a rocky

relationship solidified his belief that jason payne killed nichole and taylor and staged the crime scene. that made sense to sherry hawthorne. the thought that her grandson taylor could have killed his own mother and then himself seemed outrageous. >> like, telling me that the -- the sky's made outta swiss cheese. i can't see how that could remotely be possible. >> reporter: sherry spoke to lieutenant tucker about the case. >> i said -- "you know, i think you should be able to tell me soon that my grandson did not do this." >> reporter: but lieutenant tucker was cautious. he wanted the forensic reports before making a move. weeks turned into months with no word. nichole's family was frustrated and confused. jason's family was too. his sister wanted the case to be solved. >> i just thought it was weird. i just didn't understand. i just thought it was taking forever.

>> reporter: in fact it took 9 months before the key lab result finally came back -- the testing on that bloody rag found in jason's truck. turned out, the blood was nichole's. for tucker, that closed the deal. >> we decided that we had enough to -- to write a warrant for jason and -- to arrest him. >> reporter: on september 27, 2008, police staked out a park where jason and his mother faye were going for a family outing. the moment they arrived, police made their move. >> they got me out of the car. they me -- made me lay down. >> how shocking was that? >> very shocking. >> you're -- you're at the park to see your -- >> we're at the park -- >> grandchildren and your son gets arrested for double murder. >> yeah. and we're both layin' down on the ground. that was bad. that was -- that was -- i cried -- there i cried all the way home. >> reporter: jason payne pleaded not guilty on a charge of capital murder.

his future would soon be in the hands of a jury. coming up -- prosecutors had a possible motive. >> the defendant was running out of cash. >> but not much else. >> had no witnesses. no dna, had no fingerprints. that's a lock of things that are lacking. talk to farmers. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ atcreate your own seafood trios you can try something new with every bite. pick 3 of 9 all-new creations for $15.99. like baked lobster alfredo chimichurri shrimp and crab cakes bursting with crab meat.

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it had been a lonely year preguntararle ¿ lo hiciste?. i just looked at him, and i said, "i need to know what happened. i need you to tell me the truth." and the look on his face was like i had just stabbed him for even asking. but it's just who i am. and he was like, "i came home, and nichole was laying in the

bed." >> reporter: jason's family believed taylor had murdered his own mother and then killed himself. daniel said his step-dad was devastated over the charges. >> jason was very much emotionally distraught from all of this, and i think it bothered him even more that everybody started to think he would even do it. i was like, "yeah, there is no way. there is no way." >> reporter: but prosecutors thought taylor was an innocent victim. thomas cloudt is a texas assistant attorney general. while he wasn't involved in the trial, he knows the facts of the case. >> jason payne committed this murder beyond a reasonable doubt. >> reporter: in january of 2010, jason went to trial. prosecutors told the jury they thought he shot both nichole and taylor in the morning. they then think he placed the rifle on taylor's body to frame him for the murder of his mother. lt. miles tucker testified he believed taylor died first.

>> his body was getting stiff. so -- which is normally an indication of -- a body being deceased for several hours. and her body was warm to the touch. to me, that gave me a conclusion that he had been killed before her. >> reporter: prosecutors argued one motive for jason to commit the murders was money. there was a $100,000 life insurance policy on nichole. and, investigators said, they discovered the paynes were having financial troubles. >> the defendant was running out of cash, running out of liquid money. he had assets, his house and a car. but his bank account had gone down to virtually nothing. >> reporter: prosecutors pointed to financial documents that showed the couple had burned through that settlement money from jason's car accident. within just nine months, one of the payne's banking account's went from over $300,000 to a negative balance. and there may have been another issue besides money problems. something much more serious.

nichole's sister-in-law testified nichole was thinking of leaving jason, that she feared for her life. >> she said that he wanted to burn the house down with her in it because she wanted to leave. she said, "avenge me if something happens to me. you avenge me." >> reporter: and the prosecutors told the jury there was more than just motive. >> the most telling and damning piece of evidence is the rag that was recovered from the defendant's truck. >> reporter: remember, nichole's blood was on that rag. first responders testified how the blood appeared "fresh," implying jason had just used it in the crime. still, the prosecution's case was circumstantial. >> no witnesses. no dna from jason payne. no fingerprints. that's a lot of things that are lacking in a case like this. >> the evidence that was there speaks loudly and decisively as to the defendant's guilt.

>> reporter: it was now the defense's turn. doug parks, a veteran attorney who's handled hundreds of murder cases, said the prosecution's theory was outlandish, based on nothing more than hearsay and irrelevant facts. >> it was murder/suicide. there was no question about it. >> reporter: the defense's theory, taylor shot his mom after an argument, went back to his room and shot himself. parks argued there was no direct evidence linking jason to the crime. he also had a simple explanation for that rag. there was testimony that about two months before her death, nichole got a fishing hook stuck in her neck. >> did you feel that was a very plausible reason for why that blood was on that rag? >> yes. it was consistent with her having held the rag against a bleeding, small bleeding wound. no one ever disputed that, and there's no explanation how that would have gotten on that rag from this crime scene.

>> reporter: after a six-day trial, the case went to the jury. it took just a little over four hours before they came back with a verdict. guilty. nichole's mom was relieved. >> my husband and i hugged each other. our family was there and we -- we all hugged and -- and cried. >> reporter: daniel, who thought of jason as his dad, was stunned. when they read the verdict and it was guilty -- >> i was -- they're wrong. you hear about stories about an innocent man being found guilty. i'm like, "you guys are wrong. you guys are wrong." >> reporter: in january of 2010, jason payne was sentenced to life without the chance of parole. his family though, never wavered in its support. they started a campaign to free jason. >> so many e-mails to every talk show, to every station. >> reporter: one of those messages reached tucson, arizona and dick blanchard. he's the founder of a website called "advocates 4 wrongfully convicted."

>> there is absolutely positively no doubt in my mind whatsoever that not only jason payne didn't commit this crime. he couldn't have possibly committed this crime. >> reporter: blanchard is a former marketing executive. he volunteers his time to help publicize cases when he believes justice hasn't been served. >> i felt that i could see this where a jury couldn't because, frankly, the jury doesn't get to see everything. >> reporter: after reading volumes of court material, blanchard was convinced jason payne was an innocent man. he created this webpage in support of jason, trying to drum up publicity for his cause. >> there really is another side to this case. >> reporter: at the same time, jason's attorney appealed his case. in february of 2013, jason's conviction was overturned. the court ruled testimony about nichole fearing for her life was hearsay and prejudiced the jury.

jason would get a new trial. it was a decision that devastated nichole's mom. >> murder trials are just horrendous on the family. and then on top of that, to have this group of people out there, just practically, you know, making him -- like -- a hero, you know? or that -- or -- at the very least, making him -- him the victim. >> reporter: but for the payne family, it was a time for hope. to jason's sister, it was a sign from above. >> the clouds have parted? >> yeah. there are stories in the bible where people have been in jail, and -- and they had to tell stories. and i'm like -- i kept telling jason, "i guess that right now god's got a story that you need to tell." and i'm like, "i'm so excited." >> reporter: excited her brother might finally be exonerated. especially after new evidence emerged that the payne family felt could set jason free. coming up --

>> you believe taylor shot himself? >> yes. >> is that what happened in that garage? >> the bullet entered to the left of the mouth, exited out here on top of the head. >> when "dateline" continues. big is exciting... daring... for everyone. pets don't just make life better - they make it bigger. purina. live big. (vo) whewe ate anything.ake home until i decided we both needed to eat better. now jake gets purina cat chow naturals indoor a nutritious formula for indoor cats with no artificial flavors. it helps to control hairballs and maintain a healthy weight.

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>> reporter: in march of 2016, jason payne faced a jury for the second time. he had already served six years behind bars for the murders of

his wife and her son. but his lawyer, doug parks, said this time, there was a significant piece of new evidence. >> i had a lot stronger case from the science standpoint the second time than the first time, because by now, the dna had been done. i told the jury this case was about the science. and that the science would show that our client was innocent. >> reporter: in the first trial, the blood on the rifle was never tested. this time around, it was. and the results showed only taylor's blood was on it. >> all of the blood on the rifle barrel was taylor's. it's consistent with taylor having been shot with that gun last. >> there was none of nichole's dna found on that rifle anywhere. >> so that shows you that -- >> nichole was shot first -- >> nichole was shot first. >> taylor second. >> reporter: parks says if taylor used the gun last. that would mean the prosecution's timeline was

wrong. >> it was critical for the state's case, absolutely critical, that taylor be shot first. if he was not shot first, their case falls completely apart. >> reporter: and while most of the evidence in this trial would be the same as before, parks insisted a lot of what the state presented was based on opinion. remember, investigators said nichole was warm to the touch and taylor cold, and that's how the prosecution formulated its timeline of the murders. but the defense said there was no science to back that up. did any of the deputies take the temperature of the bodies? >> no. >> did you feel like those tests should have been done? >> certainly, if they were gonna rely on that as evidence to -- try to convict someone of capital murder, they should have done it. >> reporter: parks told jurors investigators also failed to take into account where the bodies were found that cool december morning. >> nichole was killed inside the house, in an insulated room, and he was shot in the garage.

one wall was just a metal door. you could see outside in parts of it. >> reporter: but the defense felt its strongest evidence in this trial came from the sheriff's own crime scene investigator, the very person who was on the scene the day of the deaths. he concluded that taylor killed his mother, and then turned the rifle on himself. >> is this a seasoned investigator? >> yes. it made no sense to me that the very person that they called to work the scene, because he's the most experienced man in -- in east texas, at that. and -- and for them to not listen to what he had to tell them was really astounding. >> reporter: larry renner was part of the defense's team of forensic experts. >> you believe taylor shot himself. >> yes, that's what the physical evidence tells me. >> reporter: we asked renner to demonstrate how the defense believed taylor killed himself. we placed a mattress on the floor.

it's at the approximate height of taylor's bed. the rifle we provided was a similar, but somewhat longer one than the murder weapon. show us what you believe happened. >> okay. taylor was sitting at the head end of the bed. >> reporter: renner said the gun could have been as close as four inches from taylor's face when it was fired. >> he was holding the barrel with his right hand. and he then had the -- length to release the safety and pull the trigger. the bullet entered just to the left of the mouth, exited out here on top of the head. he drops the gun. his hand drops. he goes on over here as he's collapsing back to the position that he's found in. >> reporter: renner argued it would have been much more difficult for jason to be the killer. he believes based on the trajectory of the bullet, jason would have had to position the gun on or near the floor, which would've been extremely awkward. >> if it was another individual shooting him, would basically have to be on the floor, shooting up.

>> reporter: renner said he couldn't find anything that pointed to jason as the shooter. >> was there any evidence indicating a struggle, that taylor -- >> no. >> was trying to fight off jason? >> no. there's no indication of a struggle at all in the room. >> reporter: as the defense came to the end of its case, it called a crucial witness, nichole's own son daniel who firmly stood with his stepfather. >> a lot has been made of jason and nichole's relationship. and you had a front row seat. >> yes. >> what did you see? >> they were happy. i mean, they were always together. they did almost everything together, and they were just a typical marriage. >> was jason controlling? >> no. >> reporter: but the prosecution had its own new evidence, possibly a bombshell. coming up -- the tale of the tapes. >> i'm talking about the tapes now, and there was one that was, uh, me and nichole -- i want you to just tear those up. >> reporter: a different take on the shooting. >> to reach the trigger with

your finger to do it, you really can't. >> reporter: and, the verdict, take two. why are we not representing it? ¡tan bonitas! 4k on an iphone, wake up people! and the winner is... "onions." [cheering] ♪ perfect union of a cheez-it and a chip. you mean like they got married? umm... i guess... you'd make a pretty bride in that wedding gown. oh, it's a lab coat so...

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>> reporter: the defense was confident that new evidence was free jason payne. thomas cloudt, who prosecuted the second trial, was just as confident payne would remain behind bars. >> are you trying to get everything you can for this second trial? >> yes. we want evidence. evidence tells you the truth. evidence tells you what happened. >> reporter: cloudt felt he had a powerful piece of new evidence for this second one. he played recordings for jurors of mysterious jailhouse phone calls made between jason and his mother. >> i'm talking about these tapes, and there was one that was, uh, me and nichole. >> reporter: the phone calls

were made about three months after jason's second trial was granted in 2013. jason asked his mother to find tapes, stored at her home. >> i want you to, uh, just tear those up. >> you don't want them anymore? okay, i can do that. >> like, pull the insides out, and then throw them on the leaves and just burn it or something. >> okay. >> do you know what was on them? >> no, no. i never heard them. >> reporter: his mother, faye payne says she never did find those tapes. but to the prosecutors, it didn't matter. because they wanted to leave jurors with the impression jason was trying to destroy evidence. >> whatever was on those tapes was obviously something that the defendant did not want anyone to know about. >> reporter: prosecutors still needed to counter the sheriff's own crime scene investigator who concluded this was a murder/suicide. and they had a second opinion. back during the initial investigation, lieutenant tucker had those doubts about taylor's suicide. so he brought in another forensic expert. tom bevel testified for the prosecution that this was a

double homicide. >> so this is a similar rifle, the exact model -- >> it is the exact model, yes. >> of the one used in the crime? >> it is. it is. >> reporter: we asked bevel to demonstrate how he believes jason killed his 16-year old step-son. >> you would be sitting on the front edge of the mattress here. >> reporter: bevel placed a 10" wooden dowel in his rifle. >> that is the distance from -- you believe from where the gun was fired to taylor's face? >> yes. >> reporter: bevel's theory is that jason was standing in front of taylor when he killed him. he didn't have to be on the floor, as the defense said. bevel also believes that taylor was leaning back when he was shot. >> the head would have to go back as if -- you were moving away from the -- firearm. >> which one might expect if they were being killed. >> if you're looking at the -- the end of a muzzle being held by somebody else toward your face, the natural reaction would be to move backwards. >> reporter: as for taylor committing suicide --

>> can you show us why you believe it's -- it's not the case? >> i would -- be sitting. >> reporter: remember, bevel said the gun was about 10 inches from taylor's face, not as close as four, which the defense claimed. at 10 inches, he says, it would be very tough for taylor to pull the trigger. >> if you get the -- correct trajectory, which is here and out the -- back of the head, to reach the trigger with your finger to do it, you really can't. >> reporter: but which expert would jurors believe? prosecution? or defense? after six days of trial, both sides rested. did this really come down to experts, in your opinion? >> in my opinion, it came down to -- to the science of it, absolutely. >> reporter: a jury would finally decide if an innocent man had been wrongfully imprisoned since 2008. or whether jason payne really was a murderer. after about eight hours, there was a verdict.

>> the jury comes back. what do you hear? >> the judge say guilty again. no. i at least thought -- a hung jury. never would i have thought guilty again. >> reporter: in march, jason payne was sentenced to life in prison without the chance of parole. daniel, now 26, remains convinced his step-dad is innocent. >> what would you say to those people who truly believe jason payne is a killer? >> it's wrong. it's not the truth at all. >> reporter: to keep his mother's memory alive, daniel now has a dove tattooed on his arm. as for nichole's mom, she feels justice was served again. after more than eight years and two trials, she hopes her grandson's good name has finally been cleared. >> it was just heartbreaking to think that not only did a monster take taylor's life at 16 years old, but he also was trying to take his whole reputation and brand him as a

murderer. >> reporter: sherry hawthorne is raising nichole and jason's younger children. she says remington and jackson, now 11 and 14, are both thriving. back in quitman, the payne house has been virtually frozen in time since that dark december day back in 2007. after the deaths, it was abandoned. the christmas tree still stands today in the living room. nichole's prized garden, just weeds. but her mom tried to hold on to one piece of her daughter's memory. right after nichole's death, she took some rose clippings from her garden. >> she said that this rosebush represented life, hope and beauty. i took seven cuttings off of it. and i took them home. and, one by one, they all died. >> reporter: but, in what she considers a gift from god, one bush unexpectedly came back and

lived. >> and now, i have this big, giant rosebush in my yard. it's huge. it's covered in blooms. >> do you think of nichole every time you see it? >> absolutely. it's just amazing, that one cutting, it survived. >> it should be called the nichole rose. [ laughs ] >> that's right. maybe, so, we can rename it. yeah. it was a miracle. >> and that's all for this edition of "dateline." we'll see you again sunday at 7:00, 6:00 central for "on assignment." of course, i'll see you each weeknight for "nbc nightly news." i'm lester holt. for all of us at nbc news, good nbc 10 breaking news. >> i look at my windshield. my whole windshield is cracked. >> railroad spikes fall from the sky and through car windshields. tonight police say someone

hurled suppose spikes off an overpass. one person was injured. four cars were damaged. nbc 10's brandon hudson spoke to a driver who survived it happening to him. he's live in university city. >> reporter: jacqueline, someone threw railroad spikes like this one to give you a close look, about eight inches of length from this overpass here in university city. drivers were going this way down the road. police say someone had shattered glass in their eye. i want you to check this photo out. it shows one of the railroad spikes lodged into a wind shield. we found out the spikes damaged several other windshields and a car hood. officers did take a man who is in his 20s into custody and at this time he's being called a person of interest. early indications are he will at least be charged with trespassing for being on amtrak property. we spoke to a driver who described the impact on his car. >> as i'm driving i hear a boom. i look at my windshield. my whole windshield is cracked so i pull over. had some people in the car. so when i got out of the car, i