detective donnie lewis said they still had questions. >> for the most part it looks pretty good for tomrect. >> this alibi is pretty strong? >> absolutely. the witnesses that see him at the poker game, we know where he was all night. >> that's not the end of the story though? >> that is not the end of the story. >> not the end of the story because there was something investigators just couldn't get around, the daughter's story, her description of the killer. it was powerful evidence they couldn't ignore, and so just hours after the murder -- >> the defendant was remanded to steuben county jail without bail. >> they arrested kelley's husband tom clayton and charged him with murder. >> how can you arrest him? what are you arresting him based on? >> there's a lot of suspicion. basically we have to have probable cause to make an arrest. >> what was the probable cause? >> the biggest thing, the oldest child made comments that it looked like daddy, had daddy's eyes. >> as of the end of the day -- >> reporter: tanner covered the story for nbc affiliate webn tv. >> i don't know how they charged