jose turner dna at the scene of the crime. partment, detectives found them in jose 's car. along with this, a green notebook with notes in jose 's writing. >> they find almost a stream of conscious writing, event session on this one page and it says, i will have great pleasure tearing her apart. >> reporter: the defense, the writing was fiction and he was after all an actor and playwright and as for jose's dna at the crime scene, his attorney argued there was no way of knowing how and when it got there. jurors did not buy it. after just eight hours of deliberation, they found jose turner guilty of first-degree murder. his sentence, 26 years to life. >> i was heartbroken. yet very relieved that my sister got justice. >> reporter: looking back on lajoya's story there is one obvious fork in the legal road . that i she said jose choked her and she ran to her uncle's house . how is jose not locked up that night? >> she did not call the police and did not want the police involved. 3 she thinks it will make it worse? >> yes. she is no