john lewin had presented a powerful opening statement. >> i had seen the defendant during the opening and i thought maybe, you know, something had gotten to him. >> the d.aafter the opening defense attorney andrew flyer had spoken to howard who then made a stunning admission. >> for the first time in my career, i heard a defendant confess to a crime and i was the first one he told. >> until that moment, his defense was i wasn't there and i didn't have anything to do with it? >> correct. >> reporter: the defense attorney walked into the courtroom and made a statement that caused mouths to fall open. >> defense attorney gets up and he says that you're going to see something you'll never see in a court ever. he says my client killed dee dee keller but he didn't murder her. >> reporter: what did that mean? >> they trying to to see if they could get a manslaughter out of it. >> reporter: the d.a. asked to speak with erwin howard behind closed doors and made an offer. plead guilty to second-degree murder and be eligible for parole in 15 years. >> my memory as he is saying this he is nodding. >> reporter: this wasn't just about he admitteding it to you? he had