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>> reporter: earnest believes justice is on his side. >> keep an open mind. realize there's more than one side to the story. >> reporter: he claims he never had any money problems and that he didn't know about marcy shepherd. >> did you develop a friendship with jocelyn? >> i did. >> reporter: or the journals or that jocelyn was frightened of him. >> in the end, make a decision when you have all the information. >> reporter: the women who stand by wesley earnest believe the evidence against him does not add up. >> a partial fingerprint in a place he called home for over ten years. excuse me, where's the d.n.a.? yes, he committed adultery. okay? being an adulterer does not make him a murderer.

>> reporter: do you think wesley is capable of murder? >> no. >> reporter: is there any chance that he's put one over on you, that you've fallen under wesley's spell? >> i don't think so. i feel like i'm strong enough to know when someone has pulled the wool over my eyes. >> reporter: jocelyn's father, bill, was now face to face with an alleged murderer who used to be his son-in-law. >> first time in a long time that i had seen wesley was in the courtroom. ( sighs ) i was thinking, "that is the son of a bitch who killed my daughter." >> reporter: if it's not you, do you want to find who did this? >> certainly. >> reporter: were you making an effort to do that? >> i've got the best defense team in the state. >> reporter: the defense won't be easy. the prosecution painted the assistant principal as a manipulative, desperate and

greedy man who executed his wife. a few days before her death, earnest borrowed a coworker's pickup truck. he was on the highway for hours, they say, driving from chesapeake to jocelyn's home on pine bluff drive. >> by the time he got there, it was dark. wesley earnest either snuck in through an unlocked door or forced his way in when jocelyn was at the door. he had time to run, and he pulled out a .357 and shot her in the back of the head. the evidence is overwhelming. >> reporter: it was wesley earnest, prosecutors say, who cranked up jocelyn's thermostat to 90 degrees to make it appear she had died much earlier in the day. >> i think that wesley earnest not only thinks that he's smarter than everybody else, he believes that he is smarter than everyone else. >> reporter: they insist the

note was not a suicide note but a homicide note earnest typed to stage the murder scene. do you think that wesley is capable of writing a fake suicide note? >> wesley would never end sentences in prepositions. some of the punctuation in there is wrong. no, he would know how to write a suicide note. >> reporter: and that truck earnest borrowed a few days before jocelyn died? oddly enough, he borrowed it again two weeks after her death. >> he goes to a kramer tire station, speaks to the manager. >> it was a chevy silverado, maroon color. >> appear the next witness, come forward, please. >> reporter: tire store manager rick kuehn remembers that truck and wesley earnest. >> and the gentleman picked the least-expensive tires that we had in that size. i said, "you sure you want to replace those tires?" i said, "i don't see a thing wrong with them." because the tires were almost

brand new. he said, "yeah, i don't like those tires. they give me a bad ride. please take them off." >> i can't speak for that tire expert, but all i know is wesley, if he thought they were damaged and needed to be changed, he would change them. changing the tires does not make him a murderer. >> reporter: then, on april 1, 2010. >> raise your right hand to be sworn. >> reporter: april fool's day, the star witness, assistant principal wesley earnest would finally tell his side of the story. >> did you learn of jocelyn's death? >> i did. >> reporter: earnest told the jury when he learned of wife jocelyn's death... >> it was devastating. >> reporter: ...and he testified about the weapon found near her body. >> do you recognize whose gun this is? >> yes, sir. it looks like the... yes, sir, i do. >> and tell me who purchased this gun? >> i purchased it.

>> reporter: it was a gift, he says, for jocelyn so that she could feel safe. >> did you kill jocelyn earnest? >> no, sir. >> did you return to this area on the 19th or the 20th and do anything that caused harm to her in any way? >> no, sir. >> reporter: what was it like watching him testify? >> sometimes it was hard to keep my lunch down. it was very fake, very rehearsed. >> ... was shunning your affection, true? >> "shunning" seems awfully harsh. >> my goal in his cross- examination was to let his real personality emerge. >> reporter: prosecutor randy krantz grilled him about his lies and deceptions. >> you lied to your friends and your coworkers with your marriage, didn't you? you mislead them. >> i was trying to move on. >> reporter: the questioning was heated... >> you misled them, didn't you, mr. earnest?

>> yes, sir. >> reporter: ...but earnest seemed to keep his cool. >> are you having difficulty understanding my question? >> no, sir. >> reporter: wesley earnest has a goal of success that he wouldn't allow anyone get in the way of. and we believe that it's his frustration over her unwillingness to give him that goose that lays the golden egg was ultimately what killed her. >> reporter: when asked on his whereabouts on the day jocelyn died, wesley testified he left work at 4:00 in the afternoon. >> i considered going to the wrestling match but, because my throat was hurting, i decided to take a nap instead. >> between 4:00 and the next morning, no one can vouch for your whereabouts, can they, mr. earnest? >> i suppose not. >> reporter: prosecutors believe the assistant principal's sore throat story was just one more lie, one more piece of his premeditated murder plot.

after ten days of testimony... >> when you have reached your unanimous decision there this case, if you'll knock on the door to let us know. >> reporter: ...the jury would finally get the case. are you prepared if the verdict comes back guilty? have you thought about that? >> i have. >> reporter: what do you do? >> stare at the walls in a six- by-eight cell. >> reporter: three hours and 35 minutes of deliberations, and then... >> they do have a verdict. defendant, sir, if you would stand, please. >> we, the jury, find the defendant guilty of first-degree murder. >> reporter: assistant principal dr. wesley earnest was guilty of murdering his wife, jocelyn. >> it's like a two-edged sword. i had to feel what his mother must have been feeling. >> reporter: a heartbreaking

defeat for earnest's family. he was now a convicted killer. but one month later, while waiting for sentencing... >> it was like we'd been punched in the stomach. >> reporter: ...a bombshell that could change wesley earnest's fate. >> a prosecutor has a duty to make sure that justice is done for jocelyn earnest, but also wesley earnest. [ woman ] my boyfriend and i were going on vacation,

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>> we, the jury, find the defendant guilty of first-degree murder as charged in the indictment. >> reporter: the guilty verdict was a victory for prosecutors, but it wouldn't last long. a posting on the local newspaper's web site was about to turn this contentious case upside down. >> the posting essentially said that the jurors had read the journals. >> reporter: that they weren't supposed to read. >> that they weren't supposed to read. to whatever extent they had evidentiary value, there was a strong rift that if these journals had been allowed in, it could have created all sorts of

issues on appeal that would require to us try the case over. >> reporter: turns out, those journals, jocelyn's handwritten, heartfelt thoughts, had been placed in the wrong box and taken to the jury room. >> and it came to my attention that there were media accounts of the journals of jocelyn earnest in the jury room during deliberations. >> reporter: a special hearing was called, and the jury admitted to reading the journals. the jurors said they based their guilty verdict on inadmissible evidence, jocelyn's very own words. >> it made us physically ill. we did not want those journals in for that very reason, and then a simple human error created that situation. >> reporter: the judge had no choice but to declare a mistrial. >> the court order the verdict in this matter is set aside. a new trial is ordered.

>> reporter: earnest would get a second chance, and jocelyn's family would have to face their nightmare all over again. >> i think that he's happy to be in the situation where he's no longer convicted of an offense in virginia. >> we're disappointed for the jurors, but most of all for the family. we know the judge did the right thing today. >> you have to pick yourself up and realize that life can kick you in the stomach sometimes. but in the back of my mind, there was jocelyn, and we can do it. we can do it for jocelyn. >> reporter: defense attorney joey sanzone believes a new jury will see reasonable doubt. >> nothing is ironclad and nothing is 100% certain in this case. >> reporter: nearly seven months after the first trial, more than two and a half years after jocelyn's death, assistant principal wesley earnest would once again face a jury for the murder of his wife.

there were no tv cameras allowed at the second trial. the prosecution focused on the purported suicide note, jocelyn's fear through the voices of her friends, her relationship with marcy shepherd, and earnest's debt and deceptive ways. the defense hammered on the unreliability of the fingerprint evidence and earnest's alibi. and once again, the assistant principal, wesley earnest, would take the witness stand. >> the question that i ask him, "isn't it true, mr. earnest, that you will lie and deceive people when it is in your best interest." and even then he eventually conceded, "yes, i will." >> reporter: same judge, new jury. but this time, earnest would be given more leeway to explain his answers, and it seemed the defense was gaining ground. >> we left the courtroom that day, i felt somewhat defeated. >> reporter: did you think "i could be losing this"? >> i felt that personally that i had let down the team.

>> reporter: they desperately needed a new approach. prosecutor nantz came up with an idea at 4:15 in the morning. >> a piece of evidence that we had sort of set aside throughout the first trial and all the way through the second trial could be a key component to put mr. earnest in a corner that he would have a hard time backing out of. >> reporter: the plan was to confront earnest about a very unusual timeline handwritten by jocelyn, a detailed history of her life she had been keeping as part of her therapy. it was discovered inside her home, and prosecutors were certain wesley earnest had altered it. >> mr. earnest had written entries as if he was jocelyn earnest writing those. he would either have to deny writing that or he would have to admit that he had done this before. he had assumed her identity, just like the killer had in the fake suicide note. >> reporter: jocelyn's mother will never forget the question prosecutor nantz asked her former son-in-law. >> well, if you wrote on the

timeline, how did you get in the house to write on it? >> he was looking at the prosecution, and he just kept talking. >> he turns to the jury and, with a smile on his face, indicates that she had a broken window on her home and he pantomimes with his hands how he could move that window up and enter into it. >> frankly, i was shocked to, quite frankly, have a "perry mason" moment for the first time in my 15 years of prosecution. >> reporter: could you tell, looking at the jury, that they got it? >> i'm hoping and praying, "please hear every moment of this because he's nailing his own coffin." >> reporter: the second time around would be swift and deliberate. >> when it came time for the verdict, we sat there holding hands and i felt just this peace come over here. i got this, sir, don't worry. it'll work out.

>> reporter: once again, wesley earnest was found guilty of first-degree murder. the jury recommended a sentence of life in prison plus three years, and the judge agreed. >> i think there's an overwhelming sense of relief. a lot of dedicated people worked very hard to come to this day, and we're glad to see it finally here. >> reporter: all the faces of wesley earnest hardened into one defining image: pale and resigned. still, to his mother, he's a victim. when you look at him now, what do you see? >> i see an innocent man that's behind bars that was convicted by a jury that i feel had preconceived ideas. >> reporter: there's an old photo of earnest, a joke from his days as an assistant principal, that seems like an eerie prediction. the prisoner for a day is now locked away for life.

>> wesley earnest is a killer. he's a person who attempted to manipulate his wife and did so for many years. but when that stopped working and when she stood up to him, he had to remove her, and he did it in a very deliberate way. >> he's where he belongs. he has to pay for it. it doesn't bring jocelyn back. that hole in my heart will take a long time to heal. but we'll make it. we'll make it. we'll be fine.

captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org >> i was 20 years old and my little sister was 16. behind the refrigerator came out a man with his pistol pointed at me. another robber was pointing a gun at my mother. gunfire started exploding. >> i arrived at the cabin, the other man pulled the trigger. that blast was so close i could feel it. >> i survived being kidnapped, along with my baby sister. i had no idea what was happening or why.

this is 9news now. >> i am not going to be silenced and i am not going away. >> he is dropping out, but still defiant. what's next for herman cain and the remaining republican presidential hopefuls? hello, i'm bruce johnson. we'll have the latest on that

presidential race in a moment. but first, a brazen thief posing as a parent, stealing from a parent and police believe he may have done this before. armando trull begins our report. >> this man visited the all saint's preschool friday morning. >> he was let in under the ruse that he was beginning to get information, as if he was a parent enrolling his child. >> but the security camera captured the man doing far more. >> going through several rooms looking in desk drawers, opening purses, ultimately, he stole cash and a metro fare card from purses. >> police say the suspected thief was very busy because he apparently tried to same thing right across on the dc side at three other churches that also have schools and preschools. one of those churches was blessed. not so busy to take their eyes off the cash box.

>> it's the most wrong place to steal from. a church. a nonprofit church. so we posted it up here because we thought if he was going steal from the church, he would take the money out of here. so we posted his picture up here and wrote, beware, a church robber. >> chevy chase baptist is another church where the suspect was spotted. mildred is a volunteer there. if he comes back, he's not getting past her or the man upstairs. >> i feel sorry for him. >> why do you feel sorry for him? >> because he doesn't realize how dangerous he is, what danger he's in. because the lord's house, that's bigger than all of us put together. >> chevy chase pres presbyterian was the last church the suspect was seen. >> tonight, police are asking anybody who recognizes the suspect or may have been one of his victims to call this

number. 301-654-7300. terrifying moments for two georgetown university students this weekend. police say a young lady was sitting in her living room on 36th street northwest. the last night when an unknown male emerged from a closet. the suspect said he was looking for a party and then ran away. 30 minutes later, another georgetown student a couple blocks away found an intruder in her bedroom. he also fled the house after the student screams. no injuries were reported in either case. tonight police are treating the burglaries as serious incidents. amid allegations of sexual harassment in the 13 year affair. tonight herman cain is out of the gop race for the presidential nomination. the announcement that he is suspending the campaign came today. cain said while he has made peace with his family, his wife, his god and himself, it's not in his best interest to continue the campaign. with his wife standing behind him, the allegations against

him are completely false and distracting from his message. >> now i have made many mistakes in life. everybody has. i have made mistakes professionally, personally, as a candidate in terms of how i have run my campaign, and i take responsibility for the mistakes that i made. >> cain's numbers have been in a steady decline since the allegations first surfaced. and he has since been passed by former speaker of the house, newt gingrich as the republican front runner. first the fbi shows up at his house with a search warrant and 9news now learned some of dc councilman's colleagues are asking him to stay away from the office on monday. that's when legislators are scheduled to vote on a new ethics bill. >> fbi and irs agents were watching the thomas home early friday. they waited until the wife and children were gone to school to summon the dc councilman back to his house. the car and motorcycle were

hauled away, but there were bags of items and records. the councilman's personal cell phone was also seized. neighbors watched. >> clearly they have solid evidence or this would not be happening. >> you think he cheated the folks? >> 100%. >> probe centers on allegations that the ward 5 councilman used his position to divert more than $300,000 public dollars from youth sports programs that he headed. >> did you use public money for yourself instead of going to kids programs? >> absolutely not. i think the body of work that my life represents will defend that and secondly the body of work in which i personally perform those clinics and other things involve with this was done and there was no misdirecting of funds. >> thomas in a civil settlement with attorney general agreed to repay the total amount in $50,000 installments. that second payment is not yet due. >> i have to say that we are extremely disappointed in this

violation of public service by mr. thomas. >> monday, council members are scheduled to vote on a new ethics bill. sources tell 9news now tonight they are asking harry thomas not to participate in that vote. we are also learning the council chairman, kwame brown has plans to talk with thomas before the weekend is out. with the fbi still at his house, some council members were pushing for a meeting to discuss possible senturing of harry thomas. sources say chairman brown is insisting in private talks that the federal probe be allowed to run its course first. >> tonight legal sources say all signs point to this now being a tax invasion case. the prosecutors are out to prove that he took money from the youth sports programs, convert the the funds to his personal use and failed to report the income and pay taxes on that income. the former penn state assistant coach charged with molesting eight boys say prosecutors misunderstood his work with

children and he never sexually abused any child. jerry sandusky tells the "new york times" they have taken everything i ever did for any young person and twisted it. sandusky is accused of using his second mile charity to find under privileged boys to abuse. he says, i think a lot of the kids reached out. that aspect of the relationships happen that way. >> he thought these kids are part of my family. >> you know, some of them would say that. >> but is that, i mean -- >> it was a mutual feeling, you know, a family-like feeling. you know, almost as an extended family. an extended father. >> the "new york times" interview conducted over two days this week sandusky insisted he never sexually abused any child. the second person died after being hit by a car outside a hyattsville home depot on thanksgiving day.

jose sanchez rosa of falls church died yesterday. he was one of five day laborers who was standing on an island in the parking lot when they were stuck by a lincoln town car. that accident also killed 41- year-old freddie casillo leo and injured five others. no charges have been filed. the police investigation continues tonight. listen up commuters. six stations on metro's red line are closed this weekend for maintenance work. takoma, silver spring, forest glenn, wheaten all closed down. they were shut down last night. metro says they will be reopened in time for the monday morning rush hour. maintenance work is affecting two stations on the orange line. train service is not running. passengers traveling through the area will have to take buses. tomorrow will be your last chance for drivers to take advantage. the new toll road opened last

month and runs from i-270 in gaithersburg to just east of interstate 95 and laurel. get your money ready, tolls will be ebb forced beginning monday. the maximum toll, $4. that's one way. coming up tonight on 9news now. we'll update the conditions of both graham and george mcgovern. both hospitalized this weekend. it's not an easy walk. it's not easy having to ask for help. >> some local veterans have a new place to call home tonight. we'll have that story just ahead. and it is cold out here. i can feel it. temperatures will be dropping down into the 30s and 40s around town. here's a look at your wake up weather foryour sunday. it's going to be milder. when we come back, i have your redskins and seven-day forecast.

hi, greetings to our son, darryl baker jr. in centerville. we miss you, we love you, and hope to see you soon.