kenneth barnes. >> like i say, i would never kill anybody. >> barnes pled guilty and is serving a 20-le in the case. but it is this fbi search warrant affidavit, now obtained by cnn, which raises even more questions about why jay stockton has been allowed to go free. according to the affidavit, barnes and others involved in the case say floyd stockton was deeply involved in the plot. barnes even telling the fbi, on the day of the crime, it was stockton who went into the garage, got the collar bomb, and handed it to rothstein. when we asked then u.s. attorney for western pennsylvania, mary beth buchanan, why stockton never testified, and was never charged, she initially told us, stockton was sick, had suffered several strokes and was unable to travel. after our initial phone call, buchanan never talked to us again and at a news conference in erie, the current u.s. attorney, david hickton, wasn't forthcoming either. >> what about mr. stockton? what can you tell us about his status? will he ever be prosecuted for this? >> we're not in a position to comment on in mr. stockton. >> douglas,