times right before the murder. >> reporter: frank jaramillo?ect. >> reporter: frank jaramillo, aka "el cubano," once managed the gym where nick trained. odd person to call just before committing a murder, unless, of course, he was in on it. how to find out? step one, said kris nelson, go back to nick harvey. lean on him a little bit. >> you got to talk to this guy before he gets arraigned. because once he's arraigned, you're screwed. he's going to get an attorney. >> reporter: sure. >> and his attorney's going to tell him to shut up. >> reporter: just what birdsall and his partner were thinking. so they confronted nick again. now two days after lynn's murder. >> you need to be fully truthful with my partner and i right now because it's only going to, you know, benefit you to tell the truth. this is getting uglier and uglier. >> we went at him one last time. tell us your story. he reiterates almost exactly what he said before. >> reporter: which was that he killed lynn schockner because the burglary he tried to carry out went bad. the cops still