seconds. good evening. thank you for joining us. when a young mothehe of three turned up dead after a new year's eve party authorities ruled it suicide. now three years later her husband, a formeme sheriff's deputy, is on trial for murder. as the case unfolds there are as many questions as there are answers. >> my wife just shot herself in the head! please help me, please help me! >> reporter: a frantic 911 call on new year's eve 2012 from a husband who just hours before had been dancing with his wife. tom and ashley were welcoming in the new year at theirir home in evans, colorado, with family and friends. ashley's co-worker andrea more given sen captured the moment. >> my perceptions of their relationship when i shot the video was that they were happy and in loveve >> are you get this will too, mattie? okay. >> reporter: but shortly after

year! >> reporter: ashley was dead from a single gunshot wound to her head. at the time, five law enforcement agencies ruled it a suicide. >> the forensic analysis done did not support any indication that tom was in proximity of ashley when the shot was fired. >> reporter: but today, four years later, ashley's husband is on trial for her murder. after new witness statements surface in 2014. those new account led to a grand jury investigation which determined that tom fallas pulledthe trigger. >> you do not accept the possible bety that your daughter committed suicide? >> if that was the truth, then yes. >> but you don't accept and you've never accepted that as a possiblity? >> i've never had anything indicate that it was a suicide to accept it. >> reporter: today in court powerful witness testimony heard under oath for the first time. >> when i heard him saying, oh

oh my god, what have i done. >> reporter: nick glover, the fallas' next-door neighbor, 15 at the time, said he heard through an open window tom confess to two people that he shot ashley. >> he proceeded to say, 80 shot my wife." >> how certain are you or are you not that the voice you're hearing is tom fallas' voice that you're seeing standing in your driveway? >> i am 100%. you can't hear something like that and forget about it. i mean, that's going to be embedded in your mind for years to come. >> repororr: those two people tom was allegedly talking to? his parents. jim and anna fallas. in testimony last weekk they deny he confessed to them. >> at that point in time, did tom ever make a statement to you that he shot ashley? >> not at that time, not at t y time. >> reporter: tom's parents say they lefthe new year's eve party earlier that evening but came rushing back after getting texts and a phone call from their son saying, i need you now.

anna said sheomforted her son, who was distraught. >> and when you are running up towards the driveway with your husband, you see your son? >> yes. >> and he's hysterical? >> yes. >> crying? >> he's crying. >> and what he said to you is, mom, i don't understand why she would do this, i love her,r i love her? >> correct. >> you hugged your son? >> yes, and we cried. >> while you're standing there withom in the driveway, did you ever hear him say "i shot ashley"? >> never. >> reporter: ashley's mother jenna gave a different view of how tom was treating her daughter at that new year's party. >> the end of the night i think his behavior towards her was very threatening and volatile and very scary. >> reporter: according to the indictment, tom fallas became irate at the end of the new

the master bedroom, grabbed a 9 millimeter handgun, and shot ashley. the former coloradoo corrections deputy told police at the time he was innocent. >> i didn't shoot my wife! >> reporter: but ashley's mother didn't believe him. and worked with denver tv station kdvr to take a closer look at the case. >> at that time i did not know my daughter had been shot. nobody had told me. >> i dodo you solemnlnlswear -- >> reporter: one of the key witnesses unearthed in the news station's investigation said she heard ashley fallas arguing the night she died. she called kathy glover, the mom of that fallas neighbor nick, to ask if she called the police. >> my first response was, what? no. and she said, please tell me you called the police. i said, no, i didn't, why? and she said, because your neighbor just shot his wife. and i said, what? and she said, i could hear her screaming "get off me, get off me." >> reporter: today the woman who

seemed to take it all back. >> did you recall telling kathy glover in a phone conversation that same early morning, i heard her screaming "get off me, get off me"? >> i do not. >> reporter: still, ashley fallas' family maintains that law enforcement purposely omitted information from their reports on her death in order to protect tom fallas, one of their own. >> --ccuse the evans police department of covering up the murder of ashley fallas? >> yes. yes. they never pursued h h death as a homicide. >> reporter: evans police have publicly denied any wrongdoing and say there was never a cor-up. >> specifically the allegations say the officer omitted material statements from witnesses and that he changed at least one statement of a key witness in the case to support a conclusion of suicide. >> reporter: they maintain this case was thoroughly investigated in 2012.

regardless of their position in the community or anywhere else when we're conducting a investigation. >> the victim's family tically aligns with the police who are helping to make a case. here you have the victim's family essentially saying the original police department who is investigating this wasn't investigating it properly, because maybe he was a fellow law enforcement official. >> reporter: two of tom and ashley's three young children may have witnessed something. one of them drew this picture while she was being interviewed by the police. and reportedly said in questioning at the time that she heard an argument. >> the fact that one of their daughters is sayayg that dad seemed mad becomes very important here and fits in with the prosecution's theory of the case, that he was enraged, and that he killed her. >> reporter: the kids said they did not see their father sot their mother. >> this is not an easy case for prosecutors. people like to think that eyewitness testimony is the best kind of evidence you can have i a case. when in reality, the best kind evidence you can have is dna.

outcome, ashley's mother jenna has a pending civil suit against several law enforcement agencies that were responsible for her daughter's investigation. ashley's friend andrea says she's still not sure what happened on new year's eve four years ago. >> so sweet. >> i don't think she would have shot herself, but i'm not going to judge tom if he says he didn't. next, a controversial custody battle spurring two communities to take a stand. while one family fights to keep a foster daughter they've grown to love. but first the sexist tennis slam that has superstar serena willllms firing back. >> if i was a lady player i'd go down every, every night on my knees and thank god that a roger federer and a rafe nadal were born because they've carried this sport.

star and director of the open. about the state of women's tennis. >> in my next life when i come back i want to be someone in the wta. because they ride on the coattails of the men. >> williams, who holds the most grand slam titles of any active ayer, male or female, blasting moore. way. and we shouldn't have to drop to our knees at any point. >> reporter: the backlashh extending to social media. one person tweeting, raymond moore shohod be on his knees begging to keep his job. and tennis great billie jean king writing, he is wrong on so many levels. moore quickly apologized, calling his comments in poor taste and erroneous. and tonight news that he has stepped down as ceo and tournament director. maybe someone should have told him that at last year's u.s. open the women's final sold out before the men's.so i'm gonna take this opportunity to direct.

evening, film noir, smoke, atmosphere... bob... you're a young farmhand and e trade is your cow. milk it. e trade is all about seizing opportunity. constipated? trust number one doctor recommended dulcolax use dulcolax tablets for gentle overnight relief suppositories for relief in minutes and stool softeners for comfortable reli of hard stools.

if you have allergy congestion... to get relief, anything is fair game. introducing rhinocort allergy spray from the makers of zyrtec . powerful relief from nasal allergy symptoms, all day and all night. try new rhinocort allergy spray. muddle no more red lobster's lobsterfest is back. so come try the largest variety of lobster dishes of the year, like lobster lover's dream or new dueling lobster tails. it's a party on every plate, and you're invited.

that's why i got a subaru impreza. love. it's what makes a subaru, a subaru. tonight, a california family was left reeling wn their 6-year-old foster daughter was removed from their home. all due to the enforcement of a controversial law that says because of her native american blood, she must be placed with relatives who happen to live hundreds of miles away. >> reporter: tonight a family devastated after a dramatic custody battle comes to a head. 6-year-old lexie, her image blurred to protect her identity, in the arms of her foster father. >> love you, lexie, we're fighting for you!

four long years. but now he is forced to hand her over to child protective services. >> we love you, lexie! we love you! >> about want you! >> rusty paige then breaking down in tears. >> i'm lexie's superman. and superman - - bring back my daughter. do n let the world go unnoticed of this. please. please. this is not right for anyone. this is not right for lexie more than anyone. >> reporter: this santa clarita community rallying around the family, their hearts also broken. >> how long are you going to stay here? >> as long as we can. >> as long as you can? >> yeah. >> reporter: emotions have been running high here for days. >> keep fighting for her. keep fighting for what's right in all this.

>> reporter: lexie had been in two foster homes before she came to summer and rusty paige. they've been her foster parents pince she was 2 years old. they say she knows them as mom and dad. >> she's going to wonder why mommy and daddy didn't fight for her, why she's not at home. she's going to question our love. she's going to question if she can trust any adult ever again. >> reporter: according to court documents lexie had been removed from the custody of her birth mother when she was 17 months old because of substance abuse problems and her birth father who has a criminal history. but last friday, a court ruled lexie should be taken to live with her extended family i utah where an attorney representing the little girl tls abc nene, we are relieved that our client will finally be reunited with her siblings and her extended family. >> it's also the federal law, so we have to comply. >> we've had people ask us why we're going to the media. and why we're dragging lexie through this. but at the end of the day it's about lexie.

take her, in five, ten years, she's got to know we fought for her. >> reporter: the legal fight began four years ago after relatives of the girl's biological father, who is native american, petitioned his indian tribe and the l.a. department of children and family for custody, challenging the paiges' temporary custody by invoking a law meant to protect the rights of indian famili. >> the intent behind the icwa is to make sure that native american children are kept not only within the family but within the tribe and within the culture. >> reporter: lexie is just 1/64 choctaw indian but is enough to meet the legal definition of an indian child. but this law is not without controversy. in 2013 the supreme court heard the complex custody case of little veronica. that confusing legal battle beginning when veronica's birth mother put her baby up for adoption.

came into our lives. and sected us to be the parents to her daughter. >> reporter: matthew and melanie raised veronica for first two years of her life, but when the child's father, dustin brown, a member of the cherokee nation, learned she had been adopopd, he sued for custody. south carolina supreme court initially gave the child to brown. ting that same federal law designed to keep native american families together. >> we tkedd veronica into bed from the time she was 2 days oldn right up until they took her away from us. >> reporter: they fought back, taking their case to the u.s. supreme court, which reversed the state court, ruling that brown had relinquished his parental rights, which cleared the way for veronica to stay withth her adoptive parents. the same law is being applied here in lexie's case. but there are some significant differences. although the paiges say they want to adopt lexie, right now,

do not have permanent parental rights. >> foster family is always supposed to be a temporary family. a temporary placement. and so oftentimes, more often than not, you want to place a child with a family member. even if that family member is an extended family. >> reporter: according to court documents, lexie's extended family has been part of her life for a number of years. visiting frequently. and has intended to get her back. >> california law requires us to place that child, if at all possible, with a relative. whether it's a a native american individual or not. >> reporter: in a statement, the choctaw nation said it wants what's best for lexie. e tribe's values of faith, family and culture are whatake our tribal identity so important to us. >> you're going to fight for her to the end? >> till i die. >> this is our worst nightmare. this is this family's worst nightmare. >> reporter: the paiges and

soal worker on lexie's case, argues it's not lexie's blood line or background that should matter. >> it's about the child. it's about who she views and she personally recognizes as her parents, as her family, as her communitit as her teachers and her neighbors. and that't' what it's about. and they're not thinking about that at all. they haven't been. >> reporter: tonight the family angry, saying that the%child they raised is being used to make a politic point. >> this outrageous abuse of power must stop now. let mepeak directly to the people who took our daughter. and you have her now. i'm begging every american within the sound ofy voice to help us bring lexie back home. to all her supporters, you are true angels on earth. from the bottom of our hearts and from our entire family --

with so much at stake, the sides may disagree on the best path forward. but everyone seems to be fighting for what's best for lexie. and next, an abc news exclusive. david muir joins president obama for his historic visit to cuba.

about cuban leader raul castrw. let's get these dayquil liquid gels and go. but these liquid gels are new. mucinex fast-max. it's the same differencece this one is max strength and fights mucus. mucinex faststax. the only branded cold and flu liquid gel that is max-strengng and fights mucus.

f finally tonight, the last time a sitting president of the

was in 1928. president oba arrived on sunday and he spoke exclusively to our david muir. >> reporter: president obama arrived with hisfamily in havana. david muir was right there to talk with the commander in chief. >> you have said that you would speak candidly with president castro about the serious differences you have with the cuban government. >> what i indicated to him is we can't force changes onn cuba. but what we can do and ll continue to do is to stand up for the rights that we consider to be universal. >> with so many americans b!ck home asking this, which, is tourism in cuba? >> i ihink it's going to be happening very soon. but we now have an agreement with cruise lines can travel fromhe united states directly to havana. weave now direct u.s. flights to cuba which will me it much easier to travel. >> i wanted to ask you about the political climate back home because it's back in the news again today. you're aware that donald trump has predicted riots if the

him, if there's a contested convention, saying, i think you'd have riots. i'm representing many millions of people. >> well -- this is an issue that the republican party's going to have to work through. there's an expectation that our leaders will not trumpet violence or justify it. there's an expectation that those who run for the highest office seek to represent everyone and not just some, or appeal to an "us" versus a "them." >> our thanks to david. thank you for watchin abc news. tune into "good morning america" tomorrow. and as always we're online at abcnews.com and our "nightline"

good night, america. >> president and raul castro at the revolutionary palace tonight. >> and earlier today this the star spangled banner song of freedom played on cuban soil. >> and diplomacy ending with a khand shake and having a testy news conference. >> gave me a list of the political prisoners and periodpolitical prisoners and peodically just mention the list. . >> and after that, challenge by raul castro awkward and abrupt ending to that news conference. it was a format that clearly left the cuban leader uncomfortable. and highlighted one of f e

countries namely freedom of the press. team coverage continues with colin hughes. calvin, what a full day. >> it really was and the president wrapped up his day after a state dip were raul castro. and just about everything on the preredent's schedule is carefully core graphed and metic eye lusly timed out hour by hour until the news conference earlier today where reporters were able to ask questions to both leaders obama and castro and it was pretty clear obama is used to answering questions and castro is not and that difference was made very clear. a night the pomp and circumstance as president barack obama attend aid state dinner with raul castro and the two breakin bread after wrapping up a historic day. the american national anthem playing this morning as

by taking part in the memorial ceremony remembering cuban revolutionary and joined by cuban vice-president salvador valdez. from there it was on to historic bilateral meeting with cuban president raucastro and a moment frozen in time as president obama shook hands with a cuban leader on cuban soil andt was not the most memorable handshake of the day. >> and awkward ending and at times uncomfortable news conference forecast row. the cuban leader and president opening the floor to questions and journalists did not hold back for either leader. >> in your meeting with president castro what words do you use to urge him to pursue democratic reforms and expand human right here in cuba will you invite president castro to the white house. >> our starting point we have two different systems and two different systems of government and two different xheez and we