rusty rogers is a veteran agent of the fdle. what is he going to get out of it? >> that is a huge question that everybody has. that is the question. >> this guy really got to you, didn't he, sheriff? >> you know, i will tell you, he got to me, dennis, because this guy, i think he's a bully. i've been fighting bullies my whole life. that's what we do in law enforcement. >> both jeremy banks and scotto konl are now suing the fdle and rusty rogers who declined an interview with "dateline." michelle's daughter is now seven years old and being raised by her grandmother and the o'connell family recently hired its own attorney. ben crump. he's hoping to get florida's governor to order this case to a grand jury because in the end, michelle's family is not giving up. >> michelle, of all people, loved life, would have fought her way to live. there was no suicide in that child. >> michelle did not take her own life. michelle was on a path to better her life. she was not leaving life. she was leaving jeremy banks. >> jeremy banks, after som

fdle, the florida department of law enforcement had told them, nope. ain't nothing there. >> fdle said that hair was probably not mine. 28 out of 30 characteristics didn't match the hair. >> nope, ain't nothing there. >> they said we can't do it because there is no root. the state of dna testing at the time was we can't do anything with it. >> we went to the fbi. because they're the mac daddy of labs. and we asked them to take a look at it. >> mike malone is the fbi expert. he tested it and he comes up and says oh, yeah, this is mike -- jim duckett's hair. microscopically significant. so you have the preeminent investigative agency saying it is jim duckett's hair. that's powerful evidence to a jury. there is no question they're going on believe that. >> with advance dna science not yet available at the time of the trial the prosecution relied on inexact hair testing methods yielding results that would not be accepted in a court of law today. >> i consulted a couple of forensic experts i knew and there was no way anybody, fbi, no matter where they're fr