of heather elvis on the phone. . >> let me ask you this. after seeing that picture of heather back in 2014, do you expect this family to ever hear from her again? >> no. >> donald demarino, frankly, didn't have to testify. he didn't have to tell anybody what he saw. tammy moorer was his cousin, and the last thing he wanted to do was go against family. >> still, it was damaging testimony despite the fact that he couldn't produce the photograph. the question is, would anybody believe him? and the defense team was going to make sure the jury knew about his criminal past. >> what have you been convicted of in the past of? >> i got a burglary charge and a couple drug charges. >> what drug is it? heroin? >> yes, sir. >> donald demarino is a lot of things. he's an addict. you can call him a thief if you want to. one thing he's not is a liar. >> prosecutors confirmed there were no deals cut with demarino for his testimony. and it's impossible to know whether the jury believed him. and that's when prosecutors dropped the bom