this man kevin tubbs. coming forward saying he'd seen michelle the morning after she was supposed to have been killed arguing with another man at the foot of his driveway. cal was granted a second trial and again he was found guilty. and astonishingly again, the verdict was tossed out. this time because of procedural concerns. >> millionaire on trial for a third time for killing his wife -- >> reporter: during the third trial, a breakthrough. the judge allowed the jury to but he would not allow evidence related to a new suspect, saying much of it was circumstantial. while other portions were hearsay. that trial ended in a hung jury last may. >> we got closer to justice, but we're not there yet. >> reporter: the legal process has led this once-millionaire to run out of money, struggling to pay a fraction of his legal fees. but he has high hopes about the fourth time around. >> the last trial we came close. it was an evenly split jury. bitterly but evenly split. so we made some progress over the first two tr