in fact, you've known paul ebert 42 years. what went wrong? >> the problem is that prosecutors start cases with the presumption that the defendant is guilty. if they didn't have that presumption, they wouldn't be prosecutors, but that's not the presumption in the eyes of the law. the presumption is the presumption of innocence and so when they try to manipulate evidence or don't disclose evidence tending to help the defendant escape punishment, they don't see a problem with that and that's the problem. >> and the judge said this case was irrevocably tampered because of essentially what he called prosecutorial misconduct. ebert was caught on tape going in to talk to barber basically saying if you change your testimony, here are the consequences. >> well, if you don't change your testimony. his last testimony was that wolfe was innocent and paul obviously believed that that was perjured testimony because he believes wolfe is guilty, same with the current special prosecutor and so what he was trying to do is to get him to get off of the perjury a

now, the commonwealth's attorney has recused himself from the case paul ebert. says that they're not going to comment. he only said we respectfully disagree with the judge's decision. so he's leaving it up to the attorney general to really kind of head the case and say we still stand by our 2002 case and the 2002 testimony by this trigger man who at the time said i was paid off by wolfe to do it. >> have they talked about the time of day today he may get out and could something happen before? his mom is kind of like he's this close to getting out before and she's kind of scared. >> i'm sure she's scared. she's not going to sleep all night. he's been in this position before and had stays of execution twice over the decade or so he's been locked up. initially we thought it would be early in the morning. now there's indications it could be a little later, around 4:30 indicating perhaps they're waiting for that appeal, perhaps word from the appeal to come down and that could change everything. so without a doubt, it will be a highly emotional day. we'll have peggy f

>> prince william county commonwealth attorney paul ebert recused himself from all this since it was his team that has come under fire for the way the case was handled. a special prosecutor was appointed to take over. fairfax county commonwealth attorney ray morrogh says he believes wolfe was involved in petrole's death and should be retried. back to you. >>> a plea deal reportedly in the works for a former prince george's county jail guard accused of ignoring a dying inmate. anthony mcintosh was scheduled for trial next week, but we've learned a plea marrying is scheduled tomorrow. mcin -- hearing is scheduled tomorrow. mcintosh is accused of failing to alert emergency workers when he found ronnie white unconscious in his jail cell in 2008. he'd been arrested hours early in the hit and run death of a county police officer. >>> another big story tonight, the drop in the district's murder rate, it's at its lowest level in more than a half century. 88 murders were committed in 2012. police say 82% of those murders were solved. d.c. mayor vince gray and police chief cathy lanier say the