they would soften the focus on the boogeyman of the first two trials -- brian tate. >> our conclusioneranged person that they tried to portray him as being. >> the way he was speaking to law enforcement that afternoon would not seem like the person that would have walked into a trailer home at 5:00 in the morning and murdered his neighbor. >> reporter: the defense attorneys made a tactical decision. since recordings of tate didn't make him look like a dangerous killer, they would not show tapes of him to the jury. and they'd roll the dice, hoping the prosecutors wouldn't either. >> the caldwells and techels had been put through the wringer for more than two years, their once close relationship had frayed. and now the third trial was pushing everyone to the brink. it was an impossible situation, but somehow todd caldwell and doug techel managed to find a moment of grace. >> i went over to him and i just said, "doug, i want you to know that i think you're a great guy. i think you're a good person." >> reporter: did you really? >> "no matter how this turns out, i just want you to know th