>> the position of john bender's body when found shows he was in a fetal position, asleep, when shot.no gun powder residue found on john's hands. >> the gun powder residue only appears on ann, in her hands and in her clothes. >> but forensic tests found no significant residue on ann's hands. and ann's attorney says the residue on her clothes does not prove she fired the gun. >> if someone shoots a firearm, the gun powder residue can end up coating another person's clothes. >> what would have been ann bender's motive for killing her husband? >> they were having problems because ann was frequently taking trips out of the country to buy precious stones and jewels. >> jewels found around the couple's mansion during the investigation. authorities removed them from the house by the suitcase load. >> we actually met. >> ann says the gem business was not a source of contention. >> it was a collection we had always wanted to make. we both loved gems since we were young. to him it was a sound investment. >> not only was it a sound financial investment but ann says john bought her the stones als

>>> it happened in san yisidro, a short time from ann and john bender's refuge, in april of 2001. >> so we were driving around and john mentioned there was a car behind us that just keeps following us. we pulled into where we were going to go. i looked at john and said this is a kidnapping. he just sat down on the ground because he knew they wouldn't be able to move him. >> they were not kidnapping him, they were acting as muscle for a past business associate of john's. john and ann no longer felt safe in costa rica. >> the first thing we did is we left the country. we went to canada. >> three months later they returned to their home in the rain forest. >> to come back, we had to be safe. so that is when we hired the private security. >> she and john also armed themselves. >> we both got gun permits. i never in a million years would have thought, and john said the same thing i can't believe i'm learning how to shoot a gun. both of us were very anti-gun. >> she said soon, their safety was threatened again. when their mountain top sanctuary was invaded in 2002 by armed men. >> and how f

starting with the gunshot that john bender died from. here, to the back right side of his head. most people if they're going to commit suicide don't choose that spot. >> they certainly don't arc their -- uncomfortably arc their arm back. >> as she said, she was trying to wrestle the gun away from him. also, the position of his body. he was laying in the fetal position, sort of curled up. the prosecutors say he was asleep. he also had ear plugs in. she said they were talking. and then the last really big point is the fact he didn't have any gun powder on his hands at all. there was no gun powder residue from the gun. so the prosecutors say because they're both mentally ill maybe she had somepsychotic break. >> talk to me about the mental illness. >> john bender, there was a lot of paranoia which developed for various reasons. they had full armed security on the property all the time. he was showing signs of depression. she told me there were times on a regular basis where he would ask her to gather all the pills in the house and they woul

a programming note tonight, randi kaye reports on the mysterious death of john bender in a lush forestde or murder? love and death in paradise coming up next at 9:00 p.m. tonight. we'll be back with another edition of "ac360." when we come back in this hour though, we remember the victims of the santa barbara massacre. an emotional tribute coming up next. ♪ (woman) this place has got really good chocolate shakes. (growls) (man) that's a good look for you. (woman) that was fun. (man) yeah. (man) let me help you out with the.. (woman)...oh no, i got it. (man) you sure? (woman) just pop the trunk. (man vo) i may not know where the road will lead, but... i'm sure my subaru will get me there. (announcer) love. it's what makes a subaru, a subaru. and the award goes to ceramics house. congratulations. thank you. the success of your small business depends on results. go vests! all organic, and there's tons of info on our website. that's why you rely on the best for your business. and verizon delivers the best devices on the best network. you're all big toes to me. so go ahead, stream and downl

the main thing that stands out to them, a single shot john b d bender died from.g is his body position. in bed, in a fetal position. looks like he was sleeping according to prosecutors. no way he would have shot himself during that and no gun res due found on john bender's hand. if the gun went off in his hand, why no gun residue? the motive. both mentally ill. maybe a psychotic break. maybe something that happened in that moment that drove her to kill her husband. >> you talk about the mental illness. was there any evidence or understanding that he might have been suffering from depression at that time or particularly suicidal? >> we talked to a lot of people who knew them. many said on several occasions throughout the years there were signs he was very depressed and sort of getting worse. we also talked to neighbors who know them very well, and who said that they were there about six months before john died, and that he was in a very, very dark place and she was, too. she was ill. weak, and the two of them were not in a healthy place. >> all of these things ring

. >> john bra bender what would be the calculus, if you are an outside group and want to help your candidate what would be the circumstances that would lead you to put a positive message out right now. >> i think a big part of it is if you look people started earlier this time. when dow start earlier the ads are more positive in the beginning and move to become more negative because somebody is losing. second of all there is a lot of primaries this time so if you are a conservative group you may want to help one conservative but it doesn't mean you want to take down a secretary conservative some there is a tennessee to stay more positive and to the go after somebody else who might agree with you 9 out of 10 times instead of 10 out of 10 times. >> woodruff: so pick up on that, i mean it is the fact that you have more people running in some of these primaries. >> you do. and when you have-- the other thing about primaries is it is not just that republicans don't want to attack other republicans but when you have a multicandidate race you run the risk of a tk somebody. and the third candidate c