tom clayton? i go, yes, he was.e you thinking? you hear that kelley was killed? >> i was numb. i was like -- i think he talked to us and i didn't even know what they said. >> i said, there's no way could tom could do anything like this. i said, there's no possible way. you're looking at the wrong guy. >> thomas clayton wanted the police to get off of him, stop looking at him and look elsewhere. check the gps in my truck. i got a solid alibi. >> and the gps records from his work truck confirm clayton's alibi. he didn't get back home until around 12:35 a.m. >> 911. >> he called 911 at about 12:38. >> he was not present at the time kelly clayton was murdered. >> clearly police knew they still had a lot of work to do. they've now charged thomas clayton with the murder rock-solid alibi.though he had - >> is it possible police have arrested the wrong man? >> and police discover that there was another person in the house. >> open the door, walks in, and get the shock of my life. i have moderate to severe plaque psoriasis.

the question was, what evidence was there that tom clayton actually hired michael beard? e really became all circumstantial. we don't have a smoking gun. >> 12 jurors will decide the fate of thomas clayton. >> reporter: when michael beard changed his story, the prosecution could not use him as a witness. >> the cell phone records turned out to be very pivotal in the investigation. >> the phones really provided a timeline of interaction, of planning. >> it's a pattern that clearly shows that michael beard and thomas clayton did this together. >> there's no direct proof that tom clayton engaged in a plot with beard to kill there was no record of any payment. >> the motive was to get rid of kelly. he didn't want to go through a divorce. part of our proof at trial was to show he engaged in extramarital affairs. >> it's a distraction. the question isn't whether it was right that tom clayton had affairs, the question is, did he do this crime? >> reporter: after several weeks in court, thomas clayton's fate now rests in the hands of the jury. >> breaking news out of steuben count