allison miller was one of his public defenders. >> we found him credible. we found him compelling.e we put him in front of a grand jury and they believe him and he never gets indicted. >> i wanted the story out there. i wanted the truth to be out there. and i felt like it would help me if i could present myself to these people. >> reporter: kevin told his story to the grand jury. how he stood at the bedroom door, shocked by his mother's ghastly appearance, and then bill jumping him from behind. >> he goes into how he never went in the room. >> reporter: but kevin was at a big disadvantage. >> he at that point doesn't know about the blood evidence. >> reporter: three specks of blood had been found on diane's leg and more on her bed cover. lab analysis, just back, showed it was kevin's blood, but only the prosecutor knew that. >> i said, "you know, your blood was found on your mom's leg. what's your explanation for that?" "i have no explanation." >> reporter: in the battle of competing stories, the grand jury broke the tie. kevin kyne's gamble to testify had backfired. he was indicte