TONIGHT ON "DATELINE:"
>> WE WENT HOME AND HAD COCKTAILS, MORE COCKTAILS.
>> Reporter: AND GOT KINDA CARRIED AWAY
>> YEAH. >>> DRAMATIC NEW DEVELOPMENTS IN
A DEADLY MYSTERY THAT BEGINS WITH COCKTAILS AND ENDS WITH A
TWIST. >> THEY STARTED DRINKING AND --
AND ONE OF THEM WOUND UP DEAD. >> HE SHOT HIMSELF
I DONT GET IT. HE SHOT HIMSELF!
>> I REMEMBER WALKING OUT, AND JUST SAYING, WHAT?
WHAT ARE YOU DOING >> IT CAME DOWN AS A POSSIBLE
SUICIDE. >> A RED FLAG WENT UP
IMMEDIATELY IN MY MIND >> THINGS DIDN'T MAKE SENSE.
>> I NEVER BELIEVED THAT MY BROTHER, WITH HIS DAUGHTERS 20
STEPS AWAY SLEEPING, WOULD TAKE A GUN AND SHOOT HIMSELF IN THE
EYE. >> I KEYED ON THAT GUN THAT WAS
IN HIS RIGHT HAND. IT LOOKED LIKE IT WAS PLACED
THERE. >> IT JUST KINDA MADE THE HAIR
BACK OF MY NECK STAND ON END >> WHY DIDN'T I DO ANYTHING TO
STOP IT? >> IT WAS DISBELIEF, SHOCK,
ANGER. WE JUST ASKED, "WHY?
WHY? >> IT WASN'T ABOUT THE TRUTH.
IT WAS ABOUT THEM WINNING A CASE, AND WE PAID THE PRICE FOR
IT >> Reporter: SOME PEOPLE BLAMED
THE BOOZE. THAT IS, WHEN IT WAS ALL OVER,
IN THE HARD LIGHT OF A WINTER MORNING HERE IN PHOENIX,
ARIZONA. >> HE WAS EXTREMELY INTOXICATED.
>> Reporter: WHEN THE BODY BAG MADE ITS WAY TO THE MORGUE, AND
THE FOLKS FROM CSI CRANED THEIR NECKS AROUND FALLEN FURNITURE
AND TELLTALE POOLS OF BLOOD, AND THE SURVIVORS STRUGGLED TO
EXPLAIN -- >> I'M TRYING TO REMEMBER IT AS
BEST I CAN >> Reporter: -- THAT IT MUST
HAVE BEEN THE BOOZE, OR THE GUN. >> A PISTOL, A SEMI-AUTOMATIC
HANDGUN. >> Reporter: WHERE DID THAT COME
FROM? OR THAT EMAIL, THE ONE THAT
PRECEDED SO MUCH VODKA >> AND I WAS LIKE, "WHY ARE --
WHY ARE YOU TRYING TO WORRY ABOUT THIS NOW?
LIKE, THERE'S NOTHING YOU CAN DO
>> Reporter: SOMETHING HAD TO BE GOING ON THAT NO ONE UNDERSTOOD.
>> THIS DOESN'T MAKE SENSE. MY BROTHER WOULD NEVER DO THIS
>> WHEN YOU START PUTTING ALL THE PIECES TOGETHER, YOU ONLY
GET ONE EXPLANATION AND THAT'S MURDER
>> Reporter: WELL, TO UNDERSTAND ANY OF IT, THIS IS AS GOOD A
PLACE AS ANY TO BEGIN. SAN CLEMENTE, CALIFORNIA
TIME, THE MORNING OF THE PREVIOUS DAY, A WEDNESDAY,
DECEMBER 29TH, 2010, A MAN NAMED ROB FISHER, EX-POLICE OFFICER
TURNED ATTORNEY WITH A THRIVING PRACTICE IN FAMILY LAW, GOT INTO
HIS CAR AND POINTED EAST TO PHOENIX, SIX HOURS INTO THE
DESERT, WHERE HIS GRANDCHILDREN WERE EAGER TO SEE THEIR PAPA
>> IT WAS A SHORT TRIP JUST TO KIND OF EXCHANGE PRESENTS.
>> Reporter: THIS, EVERY CHRISTMAS, WAS ONE OF HIS
FAVORITE ERRANDS OF THE YEAR >> I'M SURE EVERY GRANDFATHER
SAYS THIS, BUT YOU KNOW THEY THROW UP THEIR HANDS AND SCREAM,
"PAPA," AND COME AND RUN AND ALMOST KNOCK YOU OVER.
>> Reporter: THERE'S NOTHING QUITE LIKE THAT, IS THERE?
>> IT'S PRETTY WONDERFUL >> Reporter: IN FACT ROB FISHER
FELT LIKE A LUCKY MAN AGAIN. DIDN'T FOR A LONG TIME.
NOT AFTER AN INJURY PREMATURELY ENDED HIS POLICE CAREER, AND
CERTAINLY NOT WHEN HIS THEN-WIFE SUFFERED SO HORRIBLY THROUGH HER
CANCER, AND THEN DIED HOLDING ONTO HIS HAND.
BUT NOW? HE WAS SURROUNDED BY GOOD
FRIENDS, HIS CAREER WAS FINALLY BACK ON TRACK.
HE WAS HAPPILY REMARRIED, AND STILL CHERISHED THE RELATIONSHIP
WITH HIS FORMER WIFE'S FAMILY. >> HE WAS GONNA COME AND SEE THE
GIRLS AND SPOIL THEM, LIKE HE ALWAYS DID, TAKE 'EM SHOPPING
FOR CHRISTMAS. >> Reporter: THIS IS ROB'S
ONE-AND-ONLY STEP DAUGHTER, BELINDA.
>> THEY WOULD RUN, RUN AND JUMP IN HIS ARMS, "PAPA," SCREAMING,
AND IT WOULD JUST BRIGHTEN HIS DAY.
YOU COULD SEE THAT IT WAS JUST GENUINE, THE LOVE BETWEEN THEM
>> Reporter: THE BRIEF CHRISTMAS HOLIDAY VISIT FROM ROB WOULD BE
FOR BELINDA ANOTHER CHANCE TO WORK THROUGH THE GRIEF, THE
SEARING GRIEF SHE STILL FELT FOR THE MOTHER LOST TO CANCER.
SO THIS IS WELL, SOMETHING THAT YOU STILL HAD WITH ROB
AFTERWARDS, IS THAT YOU HAD -- >> YEAH.
>> Reporter: -- YOUR MOTHER. >> UH-HUH.
>> Reporter: AND YOU HELPED EACH OTHER WORK THROUGH THAT LOSS
>> IT WAS HARD FOR ME. BECAUSE THAT WAS STILL -
>> Reporter: SURE. >> -- A CONNECTION TO MY MOM
>> Reporter: ROB WAS ALSO LOOKING FORWARD TO SEEING
BELINDA'S HUSBAND -- WHAT WOULD YOU CALL HIM, HIS
STEP SON-IN-LAW? LEE RADDER
HARDLY A CLASSIC SON-IN-LAW RELATIONSHIP
>> THEY WERE ONLY -- THEY'RE ONLY, LIKE, A YEAR AND HALF
APART IN AGE >> Reporter: YEAH, DID THEY --
DID THEY BEHAVE LIKE FRIENDS, OR LIKE -
>> YEAH, LIKE -- >> Reporter: -- FATHER, SON --
>> -- BUDDIES. NO, NOT LIKE FATHER AND SON,
MORE LIKE BUDDIES. >> I DON'T HAVE ANY BIOLOGICAL
CHILDREN, SO THAT WAS MY FAMILY. >> Reporter: ROB, LIKE BELINDA,
LOVED LEE'S OUTSIZED PERSONALITY, HIS BURSTING
CONFIDENCE AND CHARISMA. >> LOUD-TALKIN' NEW YORKER, BIG
SALESMAN, ALWAYS FILLED UP THE ROOM, "I'M MACHO KINDA GUY."
>> Reporter: THIS IS LEE'S SISTER, LISA
>> HE WAS A SELF-MADE ENTREPRENEUR, NO COLLEGE DEGREE,
STARTED SEVERAL COMPANIES. >> Reporter: SOMETIMES THEY DID
REASONABLY WELL, SOMETIMES, OFTEN IN FACT, NOT SO MUCH. BUT
GIVE UP? NAH.
IN FACT, EVEN AS ROB DROVE ACROSS THE DESERT TO PHOENIX ON
THAT 29th OF DECEMBER, LEE RADDER WAS WAITING FOR NEWS
ABOUT HIS LATEST VENTURE, A BIG ONE.
THE BIG ONE, WAITING FOR WHAT HE BELIEVED COULD BE THE BEST NEWS
OF HIS WHOLE BUSINESS LIFE >> IT WAS GONNA MAKE US
BOATLOADS OF MONEY >> Reporter: AND THAT WAS WHERE
THINGS WERE WHEN POP-POP CAME TO VISIT.
>> YUP >> Reporter: ROB ARRIVED A
LITTLE AFTER NOON. BELINDA WAS AT WORK WHEN HE
PICKED UP THE GIRLS AND TOOK THEM SHOPPING FOR THEIR BELATED
CHRISTMAS PRESENTS THEN THE WHOLE FAMILY GOT
TOGETHER FOR DINNER AT THIS RESTAURANT
AND AFTERWARDS WENT BACK TO THE HOUSE, WHERE HAPPY LITTLE GIRLS
WERE TUCKED INTO BED. AND LEE POURED THE NIGHTCAPS
>> LEE WAS A GOOD HOST. OKAY?
HE LIKED - >> Reporter: GLASS WAS NEVER
EMPTY -- >> HE LIKED TO MAKE SURE THAT
YOU HAD, YOU KNOW THAT THERE WAS BEVERAGES THERE IF YOU WANTED TO
PARTAKE. >> Reporter: AND THEN, WELL INTO
THEIR EVENING OF LIQUID REFRESHMENT, LEE RECEIVED AN
EMAIL. A MOMENT YOU'LL WANT TO
REMEMBER, AS YOU HEAR THIS STORY.
AND AFTER? HE DRANK, QUITE A LOT.
BELINDA, WINE, THE MEN, VODKA. >> COCKTAILS, MORE COCKTAILS
>> Reporter: AND GOT KINDA CARRIED AWAY WITH THE COCKTAILS.
>> YEAH. >> Reporter: A GREAT DEAL OF
VODKA. >> THEY STARTED DRINKING AND THE
GIRLS WENT TO BED AND ROBERT AND MY BROTHER STAYED UP
>> Reporter: ONE OF THEM WOUND UP DEAD.
>> AND ONE OF THEM WOUND UP DEAD
>> Reporter: WHAT HAPPENED IN THOSE BOOZY, BLEARY HOURS
BETWEEN MIDNIGHT AND DAWN? WELL, THAT'S THE MYSTERY, ISN'T
IT?. AND A VERY STRANGE TALE IT WILL
BE >> 9-1-1, WHAT'S YOUR EMERGENCY?
>> YEAH, HE SHOT HIMSELF. I DON'T GET IT.
HE SHOT HIMSELF. >> OKAY, WHO SHOT HIMSELF?
>>> COMING UP -- AN EVENING OF HOLIDAY CHEER,
ENDING IN GUNFIRE. >> IT IS HORRIFIC AND NUMBING TO
SEE SOMEONE YOU LOVE, LYING THERE DEAD
>>> A TRAGIC SCENE AND, FOR BELINDA, A HAUNTING QUESTION
>> I REMEMBER, JUST NOT EVEN BELIEVING THIS, JUST SAYING,
"WHAT? >>> IT WAS AN EARLY WINTER
MORNING, DECEMBER 30, 2010 OUTSIDE IT WAS VERY DARK
INSIDE, ICE MELTED IN GLASSES HALF FULL OF VODKA
AND FINALLY, SILENCE DESCENDED ON THE HOUSE
>> Reporter: DO YOU REMEMBER GOING TO BED THAT NIGHT?
>> I REMEMBER SAYING, "I -- I GOTTA GO TO BED, 'CAUSE I GOTTA
GET UP EARLY." >> Reporter: ANY IDEA HOW MUCH
YOU HAD TO DRINK >> OH, PROBABLY QUITE A BIT OF
WINE >> AND THEN, A SINGLE GUN SHOT
IT WAS ROB WHO DISCOVERED HIS SON-IN-LAW LEE, CLEARLY DEAD,
LYING ON THE KITCHEN FLOOR >> IT IS HORRIFIC AND NUMBING TO
SEE SOMEONE YOU LOVE LYING THERE DEAD
>> I REMEMBER WALKING OUT, AND LOOKING -- AND JUST NOT EVEN
BELIEVING THIS, JUST SAYING, "WHAT?
WHAT ARE YOU DOING?" >> IT DIDN'T LOOK REAL, SAID
BELINDA, CERTAINLY NOT IN HER STILL INEBRIATED DAZE.
>> Reporter: YOU THOUGHT THEY WERE PUTTING ON SOME SORT OF ACT
FOR YOU, OR -- >> I THOUGHT IT WAS LIKE A BAD
JOKE I REALLY DID
>> BUT IT WASN'T, OF COURSE, NOT A JOKE AT ALL.
INSTINCT KICKED IN THEN. ROB, THE COP TURNED ATTORNEY,
CALLED 911 AROUND 5:00 A.M >> 911
WHAT'S YOUR EMERGENCY? >> YEAH, HE SHOT HIMSELF
I DON'T GET IT HE SHOT HIMSELF.
>> SERGEANT CHRIS LAFKO OF THE MARICOPA COUNTY SHERIFF'S
OFFICE, GOT THE CALL, RUSHED OVER THERE
>> IT CAME DOWN AS A SHOOTING CALL -- SHOOTING VICTIM,
POSSIBLE SUICIDE >> ONCE INSIDE THE HOUSE, THE
SERGEANT TOOK A GOOD LOOK AT THE VICTIM, THERE WAS AN ENTRY WOUND
AT LEE'S EYE HIS HAND WAS GRASPING THE GUN.
AND THERE WAS ROB FISCHER, STILL KNEELING BESIDE LEE, STILL
HOLDING THE PHONE HE'D USED TO CALL 911
>> MR. FISCHER STOOD UP AND SAID "I'M A RETIRED POLICE OFFICER.
I'M A POLICE OFFICER." >> AND THERE WAS BELINDA
>> SHE WAS GOING, "WHAT'S GOING ON
WHATS GOING ON?" >> SHE WAS IN SHOCK THEN, OR SO
SHE SAID LATER, STILL PERHAPS UNWILLING TO GET HER BRAIN
AROUND WHAT HAPPENED >> I DON'T THINK IN YOUR WORST
NIGHTMARE YOU WAKE UP AND SEE SOMEONE YOU LOVE ON THE FLOOR
WITH BLOOD AROUND THEM >> AND THEN TO BE TOLD THAT HE'D
SHOT HIMSELF SURE, HE SEEMED A LITTLE UPSET
BY THE NEWS HE GOT IN THAT E-MAIL THE NIGHT BEFORE, BUT
BUSINESS TROUBLES WERE NOTHING NEW TO LEE AND BELINDA RADDER.
THEY'D BEEN ON A FINANCIAL ROLLER COASTER FOR YEARS
LEE WAS ALWAYS CHASING THE NEXT BIG THING, AND EVEN WHEN THEY
SUFFERED, WHEN THE CAR WAS REPOSSESSED OR WHEN HE COULDN'T
PAY THE ELECTRICITY AND THE POWER WAS OFF FOR FIVE DAYS THEY
GOT ALONG. >> Reporter: BUT DURING THE
YEARS YOU WERE TOGETHER, THE BIG THING WASN'T HAPPENING
>> NO. >> Reporter: PRETTY FRUSTRATING,
I WOULD THINK. >> IT WAS FRUSTRATING.
IT WAS FRUSTRATING >> AND ON OCCASION, LEE TURNED
FOR FINANCIAL HELP TO HIS STEP FATHER IN LAW, ROB FISCHER
>> IN THE YEARS I KNEW HIM, HE WENT FROM OWNING A VERY
SUCCESSFUL COMPANY TO BEING BANKRUPT AND NEEDING OUR HELP.
>> THAT'S WHY BELINDA WENT BACK TO SCHOOL AND GOT HER NURSING
DEGREE HER PAYCHECK MAINTAINED SOME
STABILITY WHILE LEE KEPT TRYING. >> Reporter: DID YOU EVER HAVE
ANY REGRETS ABOUT BEING WITH LEE?
>> NO, HUH-UH. WE DID THE ROLLER COASTER.
DID I WANT HIM TO GET A STABLE JOB?
HELL YES >> EVERYONE WHO KNEW LEE WAS
USED TO THE ROLLER COASTER, BUT NEVER SAW IT GET LEE DOWN.
>> Reporter: WHAT DID YOU ADMIRE ABOUT HIM?
>> I THINK HIS ABILITY TO ALWAYS SEE THE GLASS HALF-FULL.
HE WAS NOT A NEGATIVE PERSON >> THIS IS LEE'S FRIEND AND
SOMETIMES BUSINESS ASSOCIATE ERIC LAMPEL.
>> I'VE SEEN LEE BE RICH, RICH, RICH WITH A NEW JAGUAR, AND I'VE
SEEN HIM IN BANKRUPTCY AND LOSING HIS HOUSE
>> AND BESIDES THAT LATEST THING LOOKED SO PROMISING.
>> WELL, WE STARTED THIS COMPANY CALLED SENACON
HE CAME UP WITH THIS TECHNOLOGY THAT USES COMPUTERS TO TRACK
GAMING TRENDS. >> THIS TIME LEE WAS ON THE
VERGE OF SCORING BIG, CLOSING A BIG DEAL THAT WOULD MAKE THEM
BOTH RICH. >> LEE WAS CERTAIN IT WAS GOING
TO HAPPEN IN THE NEW YEAR. >> SO THAT EVENING, SAID ROB,
LEE WAS IN A VERY GOOD MOOD INDEED
>> HE WAS ENTHUSIASTIC >> AND THEN, IT WAS LATE, THEY
WERE ALREADY WELL INTO THEIR CUPS
LEE GOT THAT EMAIL AND LEFT THE ROOM TO MAKE A PHONE CALL.
>> Reporter: SO THIS WASN'T JUST A LITTLE QUICKIE HE WAS CALLED
AWAY FOR, IT WAS A LONGER -- >> NO, IT WAS --
>> Reporter: PERIOD OF TIME? >> A LONGER PERIOD OF TIME
AND I REMEMBER HIM COMING BACK AND SHOWING ME SOMETHING ON HIS
PHONE, LIKE THE E-MAIL OR SOMETHING AND BEING UPSET ABOUT
IT AND I WAS LIKE THERE'S NOTHING
YOU CAN DO IT'S 11:00 O'CLOCK AT NIGHT, OR
WHATEVER IT WAS, AND LIKE, SAVE IT FOR TOMORROW.
>> AND THAT WAS IT, SHE SAID SHE DIDN'T GIVE IT A LOT OF
THOUGHT, BECAUSE SHE AND ROB WERE IN DEEP CONVERSATION ABOUT
HER LATE MOTHER. THOUGH ROB DID NOTICE LEE SEEMED
SEEM A LITTLE THROWN >> HE DID MAKE COMMENTS THAT
NIGHT THAT, AGAIN, I TOOK AS SARCASM.
IN RETROSPECT I WISHED I WOULD'VE PAID MORE ATTENTION
>> Reporter: ABOUT HIS SITUATION.
>> YEAH. >> BUT REALLY, WHAT COULD HAVE
BEEN IN THAT E-MAIL THAT WAS SO BAD HE'D DECIDE TO KILL HIMSELF?
>> THERE WAS PROBABLY A LOT MORE PRESSURE ON HIM THAN HE WOULD
LET ON >> BUT THAT CONCLUSION,
REASONABLE OR NOT CAME LATER, WITH SOBRIETY.
WHEN THE COPS ARRIVED THAT EARLY BLOODY MORNING, THE ROB THEY
ENCOUNTERED WAS CLEARLY PLASTERED, BARELY COHERENT
BUT HOW'S THIS FOR A RED FLAG? HE ACTED, SAID THE SERGEANT,
LIKE HE DIDN'T EVEN KNOW WHO WAS DEAD
>> HE ASKED ME IS THAT LEE IN THERE, MEANING HIS SON-IN-LAW.
AND IT'S JUST IN THE BACK OF MY MIND, "WELL, WHY WOULDN'T YOU
KNOW WHO THIS PERSON IS? >> SO WHAT WAS REALLY GOING ON
HERE A DETECTIVE NAMED MICHAEL BROOKS
ARRIVED, TOOK ONE LOOK AT TWO INTOXICATED ADULTS AND SUGGESTED
A RIDE TO THE SHERIFF'S DEPARTMENT FOR A FEW QUESTIONS
SOMETHING ABOUT THIS DID NOT LOOK RIGHT
>>> COMING UP -- AND SOMEBODY WASN'T ACTING
RIGHT, EITHER, ACCORDING TO INVESTIGATORS.
>> IF MY SPOUSE IS LYING ON THE GROUND SUFFERING A FATAL WOUND,
I'D MAKE EVERY EFFORT TO AT LEAST LOOK AT MY SPOUSE.
SHE DIDN'T DO THAT >> Reporter: IT WAS STILL EARLY
MORNING, WHEN POLICE DESCENDED ON THE HOUSE WHERE LEE RADDER
WAS SHOT DEAD ON THE KITCHEN FLOOR.
AND A DETECTIVE TOLD BELINDA HE WANTED TO MEET HER -- PRIVATELY
-- DIDN'T GIVE HER A CHOICE,
ACTUALLY >> We're taking you to downtown
Phoenix, and we need you to drop off your daughters somewhere
>> Reporter: DETECTIVE MICHAEL BROOKS
IF APPARENTLY, HE HAS SHOT HIMSELF, WHY DID YOU TAKE
BELINDA DOWN TO THE STATION? >> IN SUICIDES IN -- IN ANY, ANY
DEATH INVESTIGATION, THAT COULD BE A GRANDMA THAT DIES IN HER
BED, YOU'RE GONNA TALK TO THE PEOPLE THAT ARE THERE TO FIND
OUT WHAT HAPPENED. >> Reporter: THERE WAS A REASON
-- THE ARRIVING OFFICER THOUGHT SOMETHING WAS OFF ABOUT THE WAY
BELINDA WAS REACTING >> I MEAN TO ME IF MY SPOUSE IS
LYING ON THE GROUND SUFFERING AN INJURY, A FATAL WOUND, I'D MAKE
EVERY EFFORT TO FIND OUT, LOOK AT -- AT LEAST LOOK AT THE-- MY
SPOUSE SHE DIDN'T DO THAT
>> Reporter: SO THERE WAS BELINDA BEING INTERVIEWED BY THE
DETECTIVE. >> I'M TRYING TO FIGURE OUT WHAT
HAPPENED >> YOU AND ME BOTH
I DON'T KNOW >> Reporter: SO, ASKED DETECTIVE
MICHAEL BROOKS, WHY WOULD LEE HAVE KILLED HIMSELF?
>> WE'VE HAD FINANCIAL TROUBLE WE ALWAYS SEEM TO MAKE IT
THROUGH. YOU KNOW, IT'S LIKE-- I
JUST--I-- I JUST DON'T GET IT. I DON'T GET IT
WE DON'T OWN A GUN >> Reporter: WHICH WAS ANOTHER
QUESTION...NOT ONLY WHY, BUT HOW -- WHEN HE DIDN'T HAVE A GUN
SO, TO THE BEGINNING ASKED DETECTIVE BROOKS
DON'T LEAVE ANYTHING OUT >> WE WENT TO DINNER AT ABOUT
7:00 >> YOU CAME BACK TO THE HOUSE
AND CORRECT ME IF I'M WRONG, BUT YOU TALKED A LITTLE BIT AND THE
GIRLS WENT TO SLEEP? >> MM-HMN.
>> WHAT TIME -- ABOUT WHAT TIME DID THE GIRLS GO TO SLEEP?
>> 10:30 >> Reporter: AND THAT WAS ABOUT
THE TIME LEE GOT THAT EMAIL ABOUT THE BIG BUSINESS DEAL HE
WAS BANKING ON, SAID BELINDA -- AND THEN THE PHONE CALL WITH HIS
BUSINESS PARTNER >> AND HE WENT IN THE OTHER ROOM
AND TALKED TO HIM. AND ROB AND I JUST SAT AT THE
TABLE AND, YOU KNOW, JUST KEPT TALKING.
AND, UM, HE CAME BACK. I GOT UP TO GO TO THE BATHROOM
AND CAME BACK AND THERE HE WAS >> ABOUT WHAT TIME DID THIS
HAPPEN >> THE GIRLS WENT TO BED AROUND
10:30. UM -- SO IT WAS AFTER THAT
I DON'T -- I DON'T KNOW. >> Reporter: WAIT -- SOMETIME
AFTER 10:30? DETECTIVE BROOKS WAS BAFFLED
AFTER ALL THAT 911 CALL REPORTING LEE'S DEATH CAME IN AT
5:00 AM. WAS BELINDA SAYING SHE COULDNT
ACCOUNT FOR WHAT HAPPENED FROM 10:30PM UNTIL FIVE THE NEXT
MORNING? DIDNT MAKE SENSE
>> OK. WERE YOU, UM, INTOXICATED?
>> PROBABLY. OH, YEAH, I'M SURE
>> WE GOT OUR FIRST CALL ON THIS AT 5:00 IN THE MORNING
>> OK. I DON'T --
>> THAT'S PRETTY SIGNIFICANT FROM 10:30, RIGHT -- FROM THE
KIDS GOING TO BED 10:00, 10:30 >> RIGHT
>> TO 5:00 O'CLOCK IN THE MORNING.
>> Reporter: BUT WAS SHE JUST CONFUSED, THE DETECTIVE WONDERED
-- OR WAS SHE HIDING SOMETHING >> IS THERE SOMETHING MORE TO
THIS >> NO.
DO I NEED TO HAVE A LAWYER OR SOMETHING?
>> Reporter: BELINDA CAME OUT OF HER FOG.
SHE COULD SENSE WHERE THIS WAS GOING.
>> I'M JUST TRYING TO PUT THE PIECES OF THE PUZZLE TOGETHER.
>> RIGHT >> OK, UM.
>> I DIDN'T KILL MY HUSBAND. I DIDN'T WANT HIM DEAD
I'D NEVER DO ANYTHING LIKE THAT. >> WAS THERE AN ACCIDENT THAT
HAPPENED >> NO! NO. NOTHING
I MEAN, NOTHING. >> WOULDN'T YOU AGREE THAT
THERE'S A BIG DIFFERENCE BETWEEN 10:30 AT NIGHT AND 5:00 IN THE
MORNING? >> WELL, ABSOLUTELY.
>> I MEAN, YOU WOULD KNOW IF - >> BUT I ALSO KNOW THAT I DIDN'T
KILL MY HUSBAND, IF THAT'S WHERE THIS IS GOING-- IF THIS --
THAT'S WHAT THIS IS ABOUT THEN >> Reporter: BEFORE SENDING HER
HOME DETECTIVE BROOKS KEPT BELINDA IN
THIS LITTLE ROOM AT THE SHERIFF'S OFFICE FOR HOURS
THAT BUSINESS OF THE TIME SHIFT, BOTHERED HIM IMMENSELY
YOU DIDN'T FEEL LIKE SHE WAS NECESSARILY BEING STRAIGHT WITH
YOU? >> I DIDN'T WANT TO JUMP TO ANY
CONCLUSIONS AT THAT POINT. >> Reporter: IF THE DETECTIVE
WAS SUSPICIOUS, SO WAS LEE'S FAMILY BACK IN BUFFALO
OR AT LEAST, THEY WERE WHEN BELINDA FINALLY CALLED TO BREAK
THE NEWS TO THEM TWO WHOLE DAYS AFTER LEE DIED
LEE'S MOM, LIZ RADDER, DESCRIBED HER MEMORY OF THAT PHONE CALL.
IT WAS NEW YEARS DAY >> "LIZ? YES? THIS IS BELINDA,
YES?"LEE SHOT HIMSELF. >> THEN IN THE COURSE OF TALK --
TALKING TO THEM FOUND OUT THAT IT HAPPENED THURSDAY MORNING
>> Reporter: AND THIS WAS A SATURDAY AFTERNOON
>> THIS WAS SATURDAY NIGHT I SAID, "WHAT TOOK YOU SO LONG
WHY DIDN'T YOU-- YOU KNOW, I COULD HAVE GONE THERE
IMMEDIATELY. "OH, WELL, THE POLICE
CONFISCATED OUR PHONES SO I DIDN'T KNOW YOUR PHONE NUMBER.
>> Reporter: THE CALL WAS BRIEF, SAID LIZ RADDER.
>> AND THAT'S THE LAST THING-- PROBABLY THE LAST WORD I HEARD
FROM HER >> Reporter: BUT THAT SHOCKING
WORD -- SUICIDE. IT WAS A WORD LEE'S FAMILY DID
NOT BUY -- NOT FOR A MINUTE. >> THIS DOESN'T MAKE SENSE
MY BROTHER WOULD NEVER DO THIS I DON'T BELIEVE THAT HE KILLED
HIMSELF. THERE'S JUST NO WAY.
>> Reporter: NO, THOUGHT THE FAMILY
SOMETHING ELSE MUST HAVE HAPPENED IN THE HOUSE THAT
NIGHT. BUT WHAT
>> COMING UP - WHY POLICE THOUGHT THIS MIGHT
JUST BE A MAJOR CLUE >> I KEYED ON THAT GUN THAT WAS
IN HIS RIGHT HAND. AND IT JUST DIDN'T LOOK RIGHT.
IT LOOKED LIKE IT WAS PLACED >> Reporter: THE MYSTERY
SURROUNDING THE UNTIMELY DEATH OF LEE RADDER SHOULD NOT, BY
RIGHTS, HAVE BEEN SO TERRIBLY DIFFICULT TO SOLVE
IF IT WASN'T SUICIDE, THAT IS, AND WITHIN MINUTES OF HIS
ARRIVAL THE FIRST OFFICER AT THE SCENE STRONGLY DOUBTED THAT IT
WAS. >> I WAS PRETTY CERTAIN IN MY
MIND THAT THIS WAS GOING TO BE A HOMICIDE INVESTIGATION
>> Reporter: SO, IF HE WAS RIGHT, IT WOULD BE THE FIRST
HOMICIDE HE'D EVER SEEN IN THAT LITTLE PHOENIX SUBURB, BUT WHY
MURDER AND NOT SUICIDE >> I KEYED ON THAT GUN THAT WAS
IN HIS RIGHT HAND. AND IT JUST DIDN'T LOOK RIGHT.
IT LOOKED LIKE IT WAS PLACED THERE.
>> Reporter: IN FACT, LOOKED TO HIM LIKE SOMEBODY MOVED A BUNCH
OF THINGS AROUND >> IT JUST KINDA MADE THE HAIR
BACK OF MY NECK STAND ON END >> Reporter: WHICH PERHAPS
EXPLAINS WHAT FELT TO BELINDA LIKE AN INQUISITION DOWN AT THE
SHERIFF'S OFFICE >> THEY WOULDN'T LET ME GO TO
THE BATHROOM, THEY WOULDN'T LET ME HAVE WATER.
I WAS FREEZING, I ASKED FOR A BLANKET, NOTHING
>> Reporter: WAS BELINDA INVOLVED
TOO SOON TO SAY PERHAPS. THEY TURNED THE SAME FOCUSED
ATTENTION THEN ON PAPA -- OR, IF YOU WILL, ROB FISHER
>> I LOVED HIM AS THE FATHER OF MY GRANDCHILDREN, THE HUSBAND OF
MY STEP- DAUGHTER AND -- AND A FRIEND TO ME
>> Reporter: ROB WAS STILL IN HIS PAJAMAS, AND STEWING IN AN
ALCOHOL LEVEL THAT WAS STILL TWICE THE LEGAL LIMIT, WHEN THE
DETECTIVE USHERED HIM INTO THE INTERVIEW ROOM
>> CAN YOU TELL ME WHAT HAPPENED
>> LEE, BELINDA AND I WERE OUT WE WERE HAVING SOME COCKTAILS.
WE WERE TALKING LIKE WE ALWAYS DO
EVERYBODY WENT TO BED AND I HEARD A POPPING SOUND.
CAME OUT AND SAW SOMEBODY LAYING ON THE GROUND.
>> WHAT CONDITION WAS HE IN WHEN YOU TALKED TO HIM?
>> WELL, HE WAS INTOXICATED. HE WASN'T FALL DOWN STUPID
DRUNK, IN THAT I CARRIED ON A CONVERSATION WITH HIM.
HE WAS ANSWERING QUESTIONS >> Reporter: ROB TOLD THE
DETECTIVE HE WAS ASLEEP IN THE GUESTROOM WHEN IT HAPPENED
>> YOU HEARD A POP? YOU COME OUT OF THE ROOM?
>> YEAH. >> AND THEN WHAT DID YOU SEE
>> LEE ON THE FLOOR. YOU KNOW, STILL TO THIS DAY
DIFFICULT TO -- TO THINK OF -- OF LEE, LYING THERE, DEAD.
>> Reporter: BUT REMEMBER, LEE DID NOT HAVE A GUN, NOR DID
BELINDA. SO WHERE DID IT COME FROM?
SERGEANT LAFKO MAY HAVE ANSWERED THAT QUESTION HIMSELF WHEN HE
LOOKED IN ROB'S GYM BAG IN THE GUEST ROOM
>> I FIND THE BLUE NYLON DUFFLE BAG, AND I SEE A GUN HOLSTER
>> Reporter: AN EMPTY HOLSTER. ROB ADMITTED IT WAS HIS GUN THAT
KILLED LEE, ALWAYS TOOK IT WITH HIM ON THE ROAD.
AFTER ALL, HE WAS AN EX-COP, WAS FULLY LICENCED
>> OKAY. AND YOUR BAG WAS IN YOUR ROOM?
>> YEAH. >> Reporter: BUT HOW DID ROB'S
UNLOADED GUN GET FROM A HOLSTER IN THE GUEST ROOM INTO LEE'S
HAND, AND WITH BULLETS IN IT GOOD QUESTION.
ROB COULDN'T SEEM TO ANSWER IT >> MIKE, I WAS REALLY DRINKING
AND I DON'T REMEMBER A LOT WE DRANK TWO BOTTLES OF VODKA.
WHO KNOWS? >> Reporter: AFTER A ROUND OF
QUESTIONS, THEY PAUSED, AND, STANDARD PROCEDURE, TOOK ROB'S
CLOTHES FOR TESTING, AND THE DETECTIVE BORED IN FOR ANSWERS
>> IT LOOKS LIKE LEE DIDN'T -- DIDN'T COMMIT SUICIDE.
AND THAT IS WHY I'M -- I'M TURNING TO YOU TO HELP FILL IN
SOME OF THE -- SOME OF THE VOIDS.
>> WISH I COULD. >> SOMEBODY MOVED HIM.
>> I DON'T KNOW. >> WHAT DO YOU FEEL HAPPENED
>> I DON'T BELIEVE I SHOT HIM. I WOULD NEVER SHOOT HIM.
I LOVED HIM. WE HAVE NEVER FOUGHT
WE HADN'T FOUGHT I'M TRYING TO REMEMBER IT AS
BEST I CAN UM, YOU KNOW, I WILL SAY I DON'T
REMEMBER EVERYTHING. AND IT IS -- IT'S -- AND THAT'S
MADDENING IN AND OF ITSELF >> Reporter: MADDENING INDEED,
SO MANY "I DON'T KNOWS" FROM BOTH ROB AND BELINDA THAT
MORNING. BY THE END OF THE INTERVIEWS
WITH BOTH BELINDA AND WITH ROB, WHAT WERE YOU THINKING ABOUT
THEIR STORIES TAKEN COLLECTIVELY
>> WERE THERE QUESTIONS THAT I HAD?
ABSOLUTELY I DIDN'T KNOW WHAT I WAS DEALING
WITH >> Reporter: BUT FOR ALL THE
IMMEDIATE SUSPICION, THE POLICE INVESTIGATION DIDN'T SEEM TO GO
ANYWHERE ROB WENT HOME TO HIS LAW
PRACTICE IN CALIFORNIA >> Reporter: HOW MUCH DO YOU
BEAT YOURSELF UP THAT YOU ALLOWED YOURSELF TO TAKE THAT
GUN INTO THEIR HOME? >> IT WAS MY NORMAL PRACTICE
DO I WISH ON THAT ONE PARTICULAR TRIP I WOULDN'T HAVE
OF COURSE. >> Reporter: AND BELINDA WENT TO
CALIFORNIA TOO, WITH HER GIRLS, TO BE WITH HER BIOLOGICAL
FATHER, JERRY. AND IT WAS THERE SHE TRIED TO
EXPLAIN THAT THEY LOST THEIR FATHER
>> WE WERE ON MY DAD AND MY STEPMOM'S COUCH.
WE WERE JUST, LIKE, A LITTLE POWWOW CIRCLE.
AND JUST TOLD THEM THAT DADDY WAS IN HEAVEN --
SORRY. >> Reporter: UP IN BUFFALO,
MEANWHILE, LEE'S MOTHER AND SIBLINGS WERE SUFFERING THEIR
OWN BRAND OF AGONY, OF THE MUSHROOM IN THE DARK VARIETY
THEY KEPT ASKING WHAT WAS GOING ON, AND NOBODY TOLD THEM
ANYTHING >> IT WAS AN OPEN INVESTIGATION.
AND IT REMAINED AN OPEN INVESTIGATION FOR A VERY LONG
TIME >> Reporter: EVEN THE CORONER
MAINTAINED AN OFFICIAL SILENCE FOR MONTHS THERE WAS NO RULING
ON THE QUESTION OF SUICIDE OR HOMICIDE
AND THEN, HALF A YEAR AFTER LEE'S DEATH, BELINDA ORGANIZED A
CELEBRATION OF LIFE. LEE'S BUFFALO RELATIVES GOT THE
INVITATION, AND FLEW OUT TO ATTEND
THE TENSION WAS PALPABLE LEE'S SISTER ANN CONFRONTED
BELINDA. >> I WENT UP AND SAID, "YOU
KNOW, I JUST -- I NEED ANSWERS YOU WERE THERE
YOU MUST BE ABLE TO, YOU KNOW, JUST TELL ME WHAT HAPPENED."
"YOU'LL NEVER KNOW WHAT HAPPENED."
>> Reporter: NOT I DON'T KNOW WHAT HAPPENED MYSELF -- BUT,
"YOU'LL NEVER KNOW." >> NOPE, JUST, "YOU'LL NEVER
KNOW WHAT HAPPENED." >> Reporter: WE ASKED BELINDA,
WHAT DID SHE REMEMBER OF THAT CONVERSATION
>> -- NOT WHAT I SAID. I --
>> Reporter: REALLY? >> -- WOULD NEVER SAY THAT
WHAT I SAID WAS "THIS IS NOT THE TIME OR THE PLACE TO HAVE THAT
KIND OF DISCUSSION." >> Reporter: AND ROB
HE WAS THERE TOO, BUT -- >> NEVER SAID A WORD TO US
IF MY GUN KILLED YOUR SON I WOULD CERTAINLY APOLOGIZE TO
YOU. >> Reporter: SO, AS WE SAY,
TENSION. >> I DON'T KNOW IF I COULD EVER
SAY ANYTHING THAT WOULD CHANGE HOW THEY FEEL.
>> Reporter: LEE'S FAMILY WAS MORE FRUSTRATED THAN EVER.
SEEMED LIKE A COVER-UP TO THEM DO YOU HAVE ANY FIRM IDEAS ABOUT
WHAT HAPPENED TO YOUR SON? >> SOMEBODY KILLED HIM
>> Reporter: BEYOND THAT >> THERE WERE ONLY TWO ADULTS IN
THE HOUSE BESIDES HIM. >> Reporter: AND IF NOBODY ELSE
WOULD TELL HER WHAT HAPPENED, LEE'S SISTER DECIDED SHE WAS
GOING TO FIND THE ANSWER HERSELF.
>>> COMING UP -- LEE'S FAMILY GETS HOLD OF THE
ENTIRE 911 CALL. >> AND WHO IS THIS PERSON THAT
IS SHOT, IT IS A FAMILY FRIEND >> HE IS MY DAUGHTER-IN-LAW'S
COUSIN, I THINK. >> -- TRIGGERING NEW SUSPICIONS
ABOUT ROB'S BEHAVIOR >> IT DOESN'T MAKE SENSE TO ME
I MEAN IF YOU'VE KNOWN A GUY FOR 12 YEARS, YOU CERTAINLY KNEW WHO
IT WAS THAT WAS LAYIN' THERE >> Reporter: IT WAS A DARK TIME
FOR LEE RADDER'S FAMILY IN BUFFALO.
>> WE'RE NOT IN ARIZONA. SO, ALL OF OUR ANGST IS ALMOST
COMPOUNDED BECAUSE WE'RE SO FAR AWAY FROM IT ALL
>> Reporter: A BELOVED SON AND BROTHER GONE
NO ANSWERS TO SATISFY THEIR DEEP SUSPICIONS
IT WAS LISA WHO DECIDED, "IF NOBODY ELSE WILL GIVE US
ANSWERS, I'LL FIND THEM MYSELF." >> IT'S JUST MY DETECTIVENESS
INSIDE OF ME >> Reporter: HOW'D YOU GO ABOUT
DOING THAT >> CALLED THE SHERIFF'S OFFICE
AND SAID I'D LIKE TO REQUEST THE 911 TAPE
GOT -- GOT MY CD IN THE MAIL >> Reporter: THEN THE FAMILY
GATHERED TO LISTEN AND WHAT THEY HEARD ON THAT 911
RECORDING SEEMED VERY ODD INDEED
>> 911, WHAT'S YOUR EMERGENCY? >> HE SHOT HIMSELF
I DON'T GET IT HE SHOT HIMSELF.
>> OKAY, WHO SHOT HIMSELF? >> I DON'T KNOW WHO HE IS.
HE'S LIKE -- LIKE -- WIFE'S COUSIN
>> Reporter: WHAT WAS THAT ROB TOLD THE 911 OPERATOR, AND
LATER THE POLICE, HE WASN'T SURE WHO THE DEAD MAN WAS
MIGHT HAVE BEEN HIS WIFE'S COUSIN
>> AND WHO IS THIS PERSON THAT IS SHOT, IT IS A FAMILY FRIEND
>> HE IS MY DAUGHTER-IN-LAW'S COUSIN, I THINK.
>> IT DOESN'T MAKE SENSE TO ME I MEAN IF YOU'VE KNOWN A GUY FOR
12 YEARS, YOU CERTAINLY KNEW WHO IT WAS THAT WAS LAYIN' THERE
>> DO YOU KNOW HOW OLD HE IS >> HE LOOKS -- NO I DON'T KNOW
HIS AGE BUT I'M LOOKING AT HIM >> Reporter: THE FAMILY THOUGHT
THEY WERE HEARING A COVER UP IN PROGRESS -- SOME KIND OF ACT
THE CALL WAS DISCONNECTED. ROB CALLED 911 AGAIN
>> WHO -- WHO IS THIS PERSON TO YOU?
>> WHAT? >> WHO IS THIS PERSON TO YOU
>> HE -- WHO IS HE >> WHO'S WHO
>> Reporter: AND WHAT WAS ALSO STRANGE -- BELINDA'S VOICE IN
THE BACKGROUND, TO THEM, IT SEEMED FAR TOO CALM.
>> IS IT A FRIEND OR RELATIVE OR --
>> HE IS MY DAUGHTER-IN-LAW'S -- FRIEND
>> HOW OLD IS HE >> HOW OLD IS HE
>> FIFTY >> FIFTY
>> I DON'T HAVE A FRANTIC WIFE IN THE BACKGROUND SCREAMING,
"OH, MY GOD. MY HUSBAND'S DEAD.
IT WAS HEART WRENCHING, HEART WRENCHING.
I THINK IT REALLY, KIND OF, SOLIDIFIED OUR BELIEF THAT MY
BROTHER DID NOT COMMIT SUICIDE >> Reporter: SO THEY WENT BACK
AND FORTH -- WAS BELINDA COVERING UP FOR ROB?
WAS ROB COVERING FOR BELINDA BACK AT HOME, ROB DID THE
PRUDENT THING -- HE HIRED AN ATTORNEY
>> JUST TO LET MARICOPA COUNTY KNOW THAT I WAS WILLING TO
COOPERATE. >> Reporter: IN FACT, SAID ROB,
HIS ATTORNEY CALLED THE POLICE IN ARIZONA TO CHECK ON THE
INVESTIGATION. BUT, AS FAR AS ROB COULD TELL,
NOBODY WAS INTERESTED IN TALKING TO HIM AGAIN
>> WE MADE THOSE TYPES OF -- OF INQUIRIES MULTIPLE TIMES WITH
THEM >> Reporter: OH, BUT THE SAME
WAS NOT TRUE FOR BELINDA >> THEY CAME TO MY HOUSE FIVE,
SIX, SEVEN TIMES I WASN'T RESISTING ANYTHING.
I DIDN'T HAVE WHAT THEY WANTED I DIDN'T HAVE ANY ANSWERS.
>> Reporter: LEE HAD LIFE INSURANCE, BELINDA WAS THE
BENEFICIARY -- IT WAS BLOCKED FOR MONTHS WHILE THE POLICE
INVESTIGATED AND WHEN THE D.A. SUMMONED
BELINDA'S CHILDREN TO A DEPOSITION, SHE, FOR A WHILE AT
LEAST, RESISTED. >> AND IT WASN'T UNTIL THE
HARASSING GOT TO A POINT THAT THEY -- THAT THE DISTRICT
ATTORNEY THREATENED TO CALL CHILD PROTECTIVE SERVICES ON ME
IF I DIDN'T HAVE MY CHILDREN FORENSICALLY DEPOSED, THAT I
ENDED UP HIRING AN ATTORNEY. AND THAT WAS THE ONLY REASON
>> Reporter: BUT IT WASN'T HARASSMENT AT ALL, SAID THE
SHERIFF'S DEPUTIES ASKING QUESTIONS WAS JUST THEIR
JOB. AND EVENTUALLY, THEY HEARD
BELINDA'S SOBERED UP ANSWERS OF GOING TO BED BY MIDNIGHT, AND
BEING WOKEN UP BY ROB RIGHT BEFORE HIS 911 CALL AROUND 5:00
IN THE MORNING >> I REMEMBER GETTING UP, HIM
SHAKING ME, WAKING ME UP, AND SAYING, "WHERE'S LEE
WHERE'S LEE? AND I'M THINKING, "WHAT DO YOU
MEAN?" >> Reporter: HOW IS IT THAT YOU
DIDN'T HEAR THE SHOT >> I, MYSELF, AM A VERY SOUND
SLEEPER. PRAISE GOD, MY DAUGHTERS ARE
VERY SOUND SLEEPERS, 'CAUSE THEY DIDN'T HEAR IT EITHER.
>> Reporter: SO IF HER DEMEANOR SEEMED OFF ON THE 911 CALL, OR
LATER TO THE ARRIVING OFFICER, SHE SAID, REMEMBER, AT FIRST
THOUGHT THE BLOODY SCENE IN THE KITCHEN WAS A PRANK.
>> I WAS THINKING THAT IT WASN'T REAL, THAT IT WAS FAKE
>> Reporter: AND NOT KNOWING THE DIFFERENCE BETWEEN 10:30 P.M.
AND 5 A.M. IN HER FIRST POLICE INTERVIEW --
WELL, THAT SHE BLAMED ON THE WINE
AND LATER BELINDA TOLD POLICE A TIMELINE THAT MADE SENSE
WHY WAS YOUR STORY DIFFERENT LATER THAN IT WAS EARLY?
>> I -- I DON'T THINK THAT I WAS REMEMBERING EVERYTHING THAT HAD
TRANSPIRED I DON'T THINK THAT I WAS REALLY
THINKING OF THE, YOU KNOW, THE CHRONOLOGICAL ORDER OF THINGS.
>> Reporter: AND AFTER MANY SESSIONS WITH BELINDA,
INVESTIGATORS WERE FINALLY SATISFIED THAT SHE WAS TELLING
THE TRUTH. AND THEN, ALMOST SIX MONTHS
AFTER LEE'S DEATH, IN MAY 2011, THE MEDICAL EXAMINER FINALLY
ISSUED AN AUTOPSY REPORT IN BUFFALO, BELIEFS CONFIRMED --
>> IT WAS NOT RULED A SUICIDE, IT'S WAS RULED A HOMICIDE.
>> Reporter: BUT IN PHOENIX -- >> IT WAS COMPLETELY SURPRISING.
>> Reporter: AND AT ROB'S PLACE IN CALIFORNIA --
>> THERE IS A LEVEL OF DISBELIEF.
IT'S, YOU KNOW, HOW DO YOU -- HOW DID THAT HAPPEN, KIND OF
THING. >> Reporter: GOOD QUESTION
AND HERE'S ANOTHER ONE -- WHY STILL WASN'T ANYBODY ARRESTED?
IN SPITE OF THE MEDICAL EXAMINER'S RULING THAT IT WAS
HOMICIDE, A WHOLE YEAR WENT BY ROB THOUGHT THIS MIGHT BE A CASE
THEY SIMPLY WEREN'T GOING TO PURSUE
>> YOU'RE LOOKING FORWARD IN YOUR LIFE.
YOU'RE NOT LOOKING OVER YOUR SHOULDER
>> Reporter: MAYBE HE SHOULD HAVE BEEN, OR WOULD HAVE BEEN,
HAD HE KNOWN THE QUESTIONS BELINDA WAS BEING ASKED BACK IN
PHOENIX, ARIZONA >> THEY KEPT SAYING, "WELL, DO
YOU THINK THERE WAS A FIGHT BETWEEN THEM THAT NIGHT?
I'M LIKE "NO -- NO WAY." THEY WOULDN'T -- THEY NEVER
FOUGHT >> Reporter: NO, THE CASE WASN'T
DEAD AT ALL. THE MURDER SUSPECT STILL UNDER
THE MICROSCOPE WAS ROB FISCHER >>> COMING UP --
WHY ROB? THOUGH HE CLAIMED HE WAS NOWHERE
NEAR LEE WHEN THE GUN WENT OFF, EVIDENCE SEEMS TO TELL A
DIFFERENT STORY. >> THERE WERE TWO GLASSES, WITH
ICE IN BOTH OF THOSE GLASSES, TELLS US THAT TWO PEOPLE ARE UP
>> Reporter: ROB FISCHER WAS A BUSY MAN IN THE SPRING OF 2012,
TENDING TO HIS THRIVING LAW PRACTICE AND HIS HORSES IN
SOUTHERN CALIFORNIA. ALMOST A YEAR-AND-A-HALF AFTER
LEE RADDER'S SUDDEN DEMISE, ROB HAD BEGUN TO PUT THE WHOLE SAD
BUSINESS BEHIND HIM, THOUGH -- >> IN THE BACK OF YOUR MIND,
THERE'S ALWAYS A PART OF YOU THAT THERE --
KNOWS THERE'S NO RESOLUTION TO THIS YET
>> Reporter: BUT OF COURSE, ROB DID NOT KNOW WHAT INVESTIGATORS
HAD BEEN SAYING ABOUT HIM SINCE THOSE VERY FIRST HOURS AFTER THE
SHOOTING >> A RED FLAG WENT UP
IMMEDIATELY IN MY MIND >> Reporter: DIDN'T KNOW WHAT
THE PROSECUTOR WAS HEARING THAT JUST LIKE LEE'S FAMILY,
DETECTIVES BELIEVED ROB MAY HAVE BEEN FAKING THE EXTENT OF HIS
DRUNKEN CONFUSION. >> I DON'T KNOW WHO HE IS.
HE'S LIKE -- LIKE -- WIFE'S COUSIN
>> I WOULD THINK YOU WOULD BE ABLE TO IDENTIFY HIM
I MEAN THE WOUND WASN'T THAT DISFIGURING THAT HE SHOULDN'T
HAVE BEEN ABLE TO TELL THAT WAS HIS SON-IN-LAW
>> Reporter: INVESTIGATORS ALSO BELIEVED THAT IT WASN'T THE HAZE
OF INEBRIATION BUT A DELIBERATE LIE WHEN ROB SAID HERE DURING
HIS ONLY INTERVIEW THE ONE CONDUCTED THAT MORNING,
THAT HE WAS NOWHERE NEAR LEE WHEN THE GUN, ROB'S GUN, WENT
OFF IN THE KITCHEN >> YOU WERE IN THE FRONT BEDROOM
IN -- IN THE BED >> YEAH.
>> Reporter: PROBLEM WAS, COPS SNAPPING PICTURES AT THE HOUSE
DIDN'T THINK THE GUEST BED LOOKED SLEPT IN AT ALL
AND WHEN PROSECUTOR JAY RADEMACHER WAS SHOWN PHOTOS OF
THE KITCHEN TABLE, IT LOOKED TO HIM LIKE ROB FISHER WAS CAUGHT
IN HIS LIE >> THERE WERE TWO GLASSES, ONE
ON THE TABLE, ONE ON THE KITCHEN COUNTER, WITH ICE IN BOTH OF
THOSE GLASSES TELLS US THAT TWO PEOPLE ARE UP DRINKING
>> Reporter: AND THEN IT WAS A FINE MAY MORNING, AND ROB WALKED
OUT OF HIS HOUSE TO GO TO WORK >> I WAS IN THE DRIVEWAY, AND I
SAW PEOPLE RUNNING UP AT ME WITH BOTH SIDES WITH GUNS POINTED AT
ME AT FIRST, I DIDN'T RECOGNIZE
THEM AS LAW ENFORCEMENT. I WASN'T THINKING OF LAW
ENFORCEMENT. AND SO YOU -- YOU -- KIND OF,
YOUR -- MY SPLIT SECOND INITIAL REACTION IS, YOU KNOW, "I'M
BEING ATTACKED." >> Reporter: AND, IN A WAY, HE
WAS -- BUT NOT BY THUGS. BY COPS.
>> THEY PUT ME DOWN ON THE GROUND
AND, YOU KNOW, HANDCUFFED ME >> Reporter: AND THEN ROB
FISCHER WAS CARTED OFF TO JAIL, AND EXTRADITED RIGHT AWAY TO
ARIZONA AND CHARGED WITH SECOND DEGREE MURDER.
>> MY PHONE RANG I ANSWERED THE PHONE
IT WAS DETECTIVE BROOKS. HE SAID, "I JUST WANTED TO TELL
YOU THAT WE'VE ARRESTED ROB FISCHER.
THAT WE HAVE ROB FISH -- FISCHER IN CUSTODY."
AND THAT WAS ALMOST LIKE DISBELIEF, LIKE FINALLY, LIKE WE
WAITED 490 DAYS FROM THE DATE OF THE ACCIDENT TO THE -- TO THE
DAY THAT HE WAS CHARGED. >> Reporter: FINALLY
SOME SATISFACTION FOR LEE'S FAMILY IN BUFFALO, BUT WHEN WORD
OF THE ARREST RACED AROUND ROB'S CIRCLE OF FRIENDS, NOT A SINGLE
ONE OF THEM COULD BELIEVE IT LIKE FELLOW ATTORNEY CHRIS
MILLER, WHO WAS APPALLED, SHE SAID
>> ABSOLUTELY THE LAST PERSON IN THE WORLD.
I MEAN, IF YOU TOLD ME THESE 20 OTHER PEOPLE DID IT, YEAH, I --
OKAY UH-HUH
BUT NOT M -- NOT ROB NOT THE ROB I KNOW
NOT OUR ROB. HE DIDN'T DO IT.
>> Reporter: SOMEBODY MADE A BIG MISTAKE, SAID CHRIS.
AND AS A FORMER SHERIFF, SHE OUGHTA KNOW.
BUT AREN'T THE LAW ENFORCEMENT OFFICIALS AND OFFICERS JUST
TRYING TO GET AT THE TRUTH HERE? >> POSSIBLY.
BUT EVEN WANTING TO GET OUT OF THE TRUTH DOESN'T PREVENT YOU
FROM MAKING MISTAKES I MEAN, I SAW IT WHEN I WAS A
SHERIFF. >> Reporter: FROM HIS JAIL CELL,
ROB FOUND A PHOENIX-BASED DEFENSE ATTORNEY
A MAN NAMED DWANE CATES. >> I DON'T THINK ROBERT FISCHER
SHOULD EVER HAVE BEEN CHARGED WITH A CRIME
>> Reporter: WHY NOT >> BASED ON THE EVIDENCE
THERE IS ABSOLUTELY NO EVIDENCE THAT HE KILLED LEE RADDER.
>> Reporter: CATES GOT ROB RELEASED ON HALF A MILLION
DOLLARS BAIL BUT ROB WAS ORDERED TO STAY PUT IN ARIZONA
THAT'S WHERE WE TALKED TO HIM AS HE WAITED FOR HIS TRIAL.
AND BELINDA? SHE HAD NO IDEA WHETHER OR NOT
SHE MIGHT BE CHARGED TOO WERE YOU AFRAID YOU WERE GONNA
BE ARRESTED? >> OH, SURE.
YOU'RE JUST IN KNOTS ALL DAY LONG
AND YOU JUST DON'T KNOW WHAT TO EXPECT
AND -- YOU KNOW, YOU THINK, "IF THEY'RE -- IF THEY THINK ROB'S
CAPABLE OF THIS -- ROB, LIKE, THIS SUPER GOOD GUY,
THEN THEY -- FOR SURE THINK I'M CAPABLE OF IT.
>> Reporter: AND BELINDA HAD TO FACE THE FACT THAT EITHER HER
HUSBAND TOOK HIS OWN LIFE OR HE WAS MURDERED BY HER OWN
STEP-FATHER. SHE FOUND BOTH OPTIONS VERY HARD
TO BELIEVE BUT AS TIME WENT ON, SHE BEGAN
TO THINK, MAYBE, THE PROSECUTOR KNEW SOMETHING SHE DIDN'T.
THEY WOULDN'T ARREST HIM IF THEY DIDN'T HAVE SOME EVIDENCE.
>> RIGHT AND WHERE I -- YOU KNOW, I WAS
BROUGHT UP THAT WE BELIEVE THE POLICE OFFICERS, WE BELIEVE THAT
MY GRANDFATHER WAS A POLICE OFFICER.
ROB WAS A POLICE OFFICER LIKE, THEY DON'T JUST CHARGE
PEOPLE IT -- HE HAD -- HE HAD TO HAVE
DONE IT. >>> COMING UP --
AT TRIAL, THE BLOOD EXPERT'S BOMBSHELL THEORY
WHY HE SAYS THE EVIDENCE POINTS TO ONLY ONE CONCLUSION --
>> MR. FISCHER MOVED MR. RADDER'S BODY TO MAKE IT LOOK
LIKE MR. RADDER HAD SUSTAINED A SHOT AND -- AND FELL
BACKGROUNDS. >> REPORTER: IT WAS THE MORNING
OF NOVEMBER 6TH, 2013, A WEDNESDAY, WHEN PROSECUTOR JAY
RADEMACHER ROSE IN THE PHOENIX COURTHOUSE TO PRESENT HIS MURDER
CASE AGAINST ROB FISCHER >> THIS CASE IS ABOUT A
COVER-UP >> Reporter: LEE RADDER'S FAMILY
WATCHED FROM THE GALLERY, HOPING, THREE YEARS AFTER LEE'S
DEATH, FOR JUSTICE >> WILL WE EVER FIND OUT WHAT
HAPPENED TRUTHFULLY, I DON'T KNOW
DO I WANT SOMEBODY TO PAY FOR HIS DEATH?
YES. MOST SERIOUSLY
BECAUSE HE DIDN'T DESERVE TO DIE.
>> Reporter: AT THE DEFENSE TABLE, ROB FISCHER WAS CONFIDENT
THERE WAS SIMPLY NO CASE AGAINST HIM.
>> I'VE NEVER HEARD A THEORY I'VE NEVER HEARD A MOTIVE.
I'VE NEVER HEARD ANYTHING. >> Reporter: THAT WAS ABOUT TO
CHANGE POINT NUMBER ONE, SAID THE
PROSECUTOR -- LEE RADDER'S DEATH WAS CLEARLY NOT A SUICIDE.
>> LEE LOVED HIS FAMILY, ESPECIALLY HIS GIRLS
LEE WOULD HAVE NEVER DONE SOMETHING LIKE THIS INSIDE OF
HIS HOME >> Reporter: EVIDENCE OF THAT?
THIS IS LEE'S CHILDHOOD BEST FRIEND
WHO TOLD THE JURY LEE NEVER GOT DEPRESSED ABOUT MONEY.
>> ONE OF HIS FAVORITE SAYINGS TO ME THAT I'VE TRIED TO BE
MOTIVATED BY IS JUST, "ADAM, YOU CAN ALWAYS MAKE MORE MONEY."
>> Reporter: AND THERE WAS THIS -- LEE SPOKE WITH HIS BUSINESS
PARTNER DONOVAN DURBIN THAT NIGHT, AND DURBIN TOLD THE JURY
LEE DID NOT SOUND SUICIDAL AT ALL.
>> HE WAS HAPPY. HE SAID HE HAD FAMILY OVER
HE WAS GOING TO GO HAVE A COUPLE COCKTAILS AND HE WOULD CALL ME
TOMORROW >> Reporter: THE PROSECUTOR
CALLED BELINDA TO THE STAND, TOO.
LATER SHE TOLD US SHE WANTED TO TESTIFY, BUT WAS NOT HAPPY TO BE
A PROSECUTION WITNESS. SHE TOLD THE JURY THAT, THOUGH
LEE DID FRET A LITTLE ABOUT THE EMAIL HE RECEIVED THAT NIGHT, HE
WAS OTHERWISE THE SAME OLD LEE >> JUST LIKE A REGULAR NIGHT
>> NOTHING WAS DIFFERENT >> NOT THAT I RECALL
>> Reporter: SO LEE HAD NO REASON TO TAKE HIS OWN LIFE,
SAID THE PROSECUTOR. NOW, THE ONLY POSSIBLE
EXPLANATION WAS THAT HE WAS MURDERED
>> SEE, THE PHYSICAL EVIDENCE, THE BLOOD, THE TRAJECTORY, ALL
OF THAT, THAT DOESN'T LIE. MURDER EXPLAINS ALL OF IT.
>> Reporter: HIS THEORY -- AS LEE RADDER AND ROB FISCHER SAT
AT THE KITCHEN TABLE DRINKING VODKA INTO THE WEE HOURS OF THAT
MORNING, SOMETHING MUST HAVE HAPPENED -
SOMETHING THAT SO AROUSED ROB, HE WENT AND GOT HIS GUN, AND
CAME BACK, AND SHOT LEE THROUGH THE RIGHT EYE, AND THEN
PANICKED, AND WENT ABOUT STAGING THE SCENE.
>> THE SCIENCE DOESN'T LIE, PEOPLE DO.
>> Reporter: SO, FORENSICS THE ARRIVING OFFICER TOLD THE
JURY HOW HE GOT SUSPICIOUS WHEN HE SAW THE GUN STILL WRAPPED IN
LEE'S DEAD HAND. >> TO ME IT APPEARED THAT IT WAS
PLACED IN HIS HAND >> Reporter: A VERY IMPORTANT
FIRST DISCOVERY, THE PROSECUTOR TOLD US.
>> HOW IS GRAVITY NOT TAKING ITS COURSE, FROM EITHER PULLING
LEE'S BODY FORWARD, OR ALLOWING THAT GUN TO DROP OUT OF HIS
HAND >> Reporter: BUT IT DOESN'T
REALLY WORK WITH ROBERT PUTTING THE GUN IN HIS HAND EITHER, DOES
IT I MEAN, WHY WOULD A COP, FOR
EXAMPLE, PUT THE GUN IN HIS HAND THAT WAY, WITH THE THUMB
THROUGH? THIS IS AN EX-COP WE'RE TALKIN'
ABOUT. >> AN EX-COP THAT'S DRUNK.
>> Reporter: BUT, SAID THE PROSECUTOR, NOT SO DRUNK HE
WOULDN'T KNOW WHO HIS SON IN LAW WAS WHEN HE MADE THAT 911 CALL
THAT WAS PURE THEATER. >> THE DEFENDANT KNEW THAT WAS
LEE ON THE GROUND, BUT HE'S TRYING TO COVER UP A MURDER.
>> Reporter: THERE WAS MORE, SAID THE PROSECUTOR.
ROB DID SOMETHING ANY EX-COP SHOULD KNOW YOU DON'T DO -- HE
DISOBEYED A DIRECT ORDER >> HE SAID, "HEY I AM A RETIRED
POLICE OFFICER." I SAID, "OKAY, JUST STEP AWAY.
HE SAID, "I'M GONNA WASH MY HANDS," AND I SAID, "NO, DON'T
WASH YOUR HANDS. >> Reporter: BUT ROB WASHED HIS
HANDS ANYWAY THE PROSECUTOR SHOWED THE JURY
THE PICTURES FROM THE SCENE THAT SEEMED TO PROVE ROB LIED ABOUT
BEING IN THE GUESTROOM BEDROOM ASLEEP WHEN THE GUN WENT OFF
THE NEATLY MADE BED, THOSE TWO GLASSES IN THE KITCHEN WITH ICE
STILL FRESH IN THE WEE HOURS OF THE MORNING.
>> DID YOU FIND IT ODD THAT THERE WAS ICE IN THE GLASSES AT
5:15 IN THE MORNING? >> YES
>> Reporter: BUT THE KEY PIECE OF EVIDENCE, SAID THE
PROSECUTION, WAS THE STORY TOLD BY THE BLOOD AT THE SCENE.
THERE WAS BLOOD ON THE PANTS ROB WAS WEARING THAT, WHEN EXAMINED,
CERTAINLY LOOKED LIKE ROB HAD BEEN SITTING VERY CLOSE TO LEE
WHEN THE GUN WENT OFF. AND THERE WAS BLOOD ON THE
FLOOR, WHICH, SAID THE STATE, PROVED ROB WAS INVOLVED.
>> MR. FISCHER MOVED MR. RADDER'S BODY AND MANIPULATED
THE -- THE -- THE AREA TO MAKE IT LOOK LIKE MR. RADDER HAD
SUSTAINED A SHOT AND -- AND FELL BACKWARDS.
>> Reporter: THE PROSECUTION'S BLOOD SPATTER EXPERT, RUDY
ACOSTA, WAS HIS NAME, DEMONSTRATED HOW, IN HIS
OPINION, LEE'S BODY WOULD HAVE SLUMPED FORWARD IN THE CHAIR
AFTER THE GUN WENT OFF, NOT BACKWARD THE WAY HIS BODY WAS
FOUND. MEANING, ROB MUST HAVE MOVED
LEE'S BODY >> I BELIEVE -- I THINK HE JUST
DRAGGED HIM ONTO THE GROUND. >> Reporter: WHAT'S MORE, SAID
THE EXPERT, AS ROB MOVED AROUND THE BODY, HE LEFT HIS FOOTPRINTS
IN LEE'S BLOOD >> FOOTPRINTS TELL ME THAT HE
OBVIOUSLY STEPPED IN THE BLOOD WHEN THE ORIGIN OF BLOOD
HAPPENED, THE LEFT FOOT WAS IN THE BLOOD, OBVIOUSLY SAID --SAW
THAT WE SHOW THERE'S AN INTERRUPTION
OF BLOOD, AT LEAST, MORE THAN ONE.
>> Reporter: BUT, AS WE HEARD THE STATE'S CASE, WE COULDN'T
HELP BUT WONDER, WAS SOME OF IT GUESSWORK?
DID IT REALLY AMOUNT TO PROOF THAT ROB SHOT LEE, OR WALKED
AROUND IN THE BLOOD IN ORDER TO MOVE LEE'S BODY?
WE CHALLENGED THE PROSECUTOR ON THAT
SO, BUT THOSE FOOTPRINTS DON'T SHOW CULPABILITY THOUGH?
>> THEY SHOW MOVEMENT. >> Reporter: THEY SHOW MOVEMENT,
YEAH, BUT THAT'S ALL THEY SHOW, RIGHT?
I MEAN, HE MAY HAVE BEEN SURPRISED BY -- HE MAY HAVE BEEN
SITTING THERE. HE SHOOTS HIMSELF, HE GETS UP,
WALKS AND -- DOESN'T NECESSARILY MEAN THAT HE'S MANIPULATING THE
SCENE JUST BECAUSE HIS FOOTPRINTS ARE THERE
>> YOU KEEP COMING UP WITH THESE POSSIBILITIES.
>> Reporter: WELL, SO DO YOU >> I DON'T COME UP WITH
POSSIBILITIES. I HAVE THE PHYSICAL EVIDENCE
THAT SUPPORTS THE STATE'S THEORY OF THIS CASE
>> Reporter: SO SAID THE PROSECUTOR
THE FORENSICS SAID MURDER EVEN THOUGH -
THERE'S NO EVIDENCE OF A DISAGREEMENT BETWEEN THE TWO OF
THEM THERE'S NOTHING LIKE THAT.
>> NO. >> Reporter: BUT THAT WASN'T THE
ISSUE, SAID THE PROSECUTOR HARD EVIDENCE WAS.
>> MURDER IS SUPPORTED BY THE BLOOD EVIDENCE, BY WHAT THE M.E.
TESTIFIED, BY THE BLOOD EXPERTS. MURDER IS SUPPORTED BY COMMON
SENSE AND GRAVITY IN THIS CASE >> Reporter: OH, BUT OF COURSE
IT WASN'T QUITE THAT SIMPLE. THERE WAS ANOTHER POSSIBILITY
ALTOGETHER, AS THE JURY WAS ABOUT TO HEAR.
>>> COMING UP -- A DEFENSE WITNESS REVEALS THAT A
BIG BUSINESS OPPORTUNITY WENT UP IN SMOKE BEFORE LEE DIED -
>> YOU TELL HIM NO >> YES
I NEED SOMEBODY WHO HAS DISTRIBUTION CENTERS WORLDWIDE
SO HE WAS TOLD NO, SO THAT THAT WAS NOT GOING TO HAPPEN.
>> AND THEN, TESTIMONY THAT THE BLOOD SPATTER EVIDENCE ACTUALLY
MAKES THE CASE FOR SUICIDE - >> THIS IS A SELF-INFLICTED
GUNSHO >> Reporter: ROB FISCHER'S
ATTORNEY, DWANE CATES, HAS STOOD UP FOR A LONG PARADE OF CLIENTS
OVER THE YEARS, MANY OF THEM GUILTY AS SIN.
BUT THIS CASE? THIS WAS DIFFERENT, SAID MR.
CATES. >> INNOCENT PEOPLE ARE THE
HARDEST TO REPRESENT. I DON'T SLEEP AT NIGHT
REPRESENTING INNOCENT PEOPLE, BECAUSE LOSING'S NOT AN OPTION
>> Reporter: ROB'S SUPPORTERS, INCLUDING FELLOW ATTORNEY AND
GOOD FRIEND CHRIS MILLER, TRAVELLED TO PHOENIX FOR THE
TRIAL. >> REPORTER: WHAT'S YOUR
EXPECTATION OF THE EVENTUAL RESULT HERE?
>> I BELIEVE THAT ROB WILL EVENTUALLY BE FOUND NOT GUILTY
>> LADIES AND GENTLEMAN, THIS CASE IS ALL ABOUT WHOSE FINGER
WAS ON THE GUN THE NIGHT THAT LEE RADDER DIED.
ROB DIDN'T HAVE ANY MOTIVE TO SHOOT LEE, AND LEE CERTAINLY HAD
SOME REASONS TO COMMIT SUICIDE >> Reporter: WAIT, HE DID HAVE A
REASONS FOR SUICIDE? YES, SAID ROB'S ATTORNEY.
THIS TIME, LEE'S LIFE WAS SPINNING OUT OF CONTROL.
>> THERE'S NO MONEY COMING IN AND LEE DOESN'T KNOW WHAT HE IS
GOING TO DO. >> Reporter: LEE'S FRIENDS HAD
NO IDEA HOW BAD IT WAS, SAID CATES.
TENS OF THOUSANDS IN LOANS AND, UNPAID CREDIT CARDS.
$15,000 OWED TO THE IRS, ANOTHER $25,000 STILL OWED TO A FORMER
EMPLOYER >> NO DOUBT THAT WE, YOU KNOW,
HAD SOME FINANCIAL TROUBLES AHEAD OF US.
>> Reporter: BELINDA WAS A PROSECUTION WITNESS REMEMBER,
BUT, SHE TOLD THE JURY THAT LEE, WITH HIS $100,000 LIFE INSURANCE
POLICY, TOLD HER, JOKING OR NOT, THAT HE WAS WORTH MORE TO HER
DEAD THAN ALIVE. >> HE WOULD SAY THAT NUMEROUS
TIMES OVER HIS LIFE. >> Reporter: THEN, THAT NIGHT,
DECEMBER 29th. HE GOT THAT EMAIL, REMEMBER, AND
EXCUSED HIMSELF FROM THE TABLE TO TAKE A CALL FROM HIS BUSINESS
PARTNER. YOU'LL REMEMBER THAT BUSINESS
PARTNER TOLD THE PROSECUTOR LEE SEEMED TO BE IN GOOD SPIRITS AT
THE END OF THE CALL. BUT, HE ALSO HAD TO ADMIT THAT
WHEN THE CONVERSATION STARTED, LEE WAS NOT HAPPY.
>> HOW WAS HE ACTING >> HE WAS KIND OF UPSET.
>> Reporter: THE JURY NEVER GOT TO READ THE EMAIL -- NO ONE
SEEMS TO HAVE A COPY BUT LEE SHOWED IT TO BELINDA
THAT NIGHT AND SHE RECALLED IT WAS BAD NEWS ABOUT THE DEAL.
>> SOMETHING ABOUT HE HAD INTRODUCED THESE TWO COMPANIES
TOGETHER, AND NOW HE WAS KINDA BEING SQUEEZED OUT OF IT
>> WELL, HE WAS A FRANTIC. HE FELT BETRAYED THAT TWO
COMPANIES WERE TRYING TO CUT HIM OUT OF THE DEAL.
>> Reporter: ALSO, SAID THE DEFENSE, LEE HAD BEEN
EXAGGERATING, FOR EVERYBODY, THE SIZE AND VALUE OF THE DEAL
THIS MAN IS FROM THE COMPANY "IGT" WITH WHICH LEE WAS HOPING
TO MAKE HIS MULTI MILLION DOLLAR DEAL-OF-A-LIFETIME, AND HE
TESTIFIED HE'D TOLD LEE PRIOR TO THAT NIGHT THAT THERE WASN'T
GOING TO BE A DEAL >> DID YOU TELL HIM NO
>> YES I NEED SOMEBODY WHO HAS
DISTRIBUTION CENTERS WORLDWIDE. SO HE WAS -- TOLD HIM NO, THAT
THAT WAS NOT GOING TO HAPPEN >> HE COMMUNICATED THAT CLEARLY
TO LEE, AND LEE WAS TELLIN' EVERYBODY THAT THERE WAS THIS
BIG DEAL PENDING. AND -- AND THAT WAS --
>> Reporter: LIVING A LIE. >> AND -- AND IT WAS ALL ABOUT
TO COME CRASHING DOWN ON HIM >> Reporter: LEE RADDER WAS
WORTH MORE DEAD THAN ALIVE. HE KNEW IT.
FOR SOME REASON HE COULDN'T BRING HIMSELF TO TELL HIS
PARTNERS AND HIS FRIENDS THAT THIS BIG DEAL WASN'T COMING.
SO, THE DEFENSE THEORY OF WHAT HAPPENED
AFTER ALL THOSE DRINKS WITH LEE, ROB PASSED OUT
RIGHT THERE, AT THE KITCHEN TABLE.
>> HIS BLACKOUT STARTS -- STARTS AS A UNBLOCK BLACKOUT MEANING HE
HAS NO MEMORY. IT'S LIKE NOTHING WRITES TO THE
HARD DRIVE >> Reporter: BUT LEE KEPT RIGHT
ON DRINKING AND DRUNK AND DISCOURAGED, HE WENT AND FOUND
THE GUN HE KNEW ROB ALWAYS TRAVELLED WITH, AND TURNED IT ON
HIMSELF, AND PULLED THE TRIGGER. AND THEN, AT THE SOUND OF THE
GUN, ROB WAS STARTLED INTO A CONFUSED CONSCIOUSNESS, AND
MERELY ASSUMED WHEN HE SPOKE WITH POLICE, HE MUST HAVE BEEN
IN BED >> IMAGINE, YOU'RE STILL DRUNK
AND SOMEONE IS LYING ON THE FLOOR IN A PUDDLE OF BLOOD WITH
A GUN IN THEIR HAND. YOU LOOK DOWN, YOU ARE IN YOUR
PAJAMAS, YOU'RE BAREFOOT, AND YOU'RE STANDING IN THE HALL
FACING AWAY FROM YOUR BEDROOM. WOULDN'T YOUR FIRST THOUGHT BE
GEEZ, I MUST HAVE BEEN IN BED? >> Reporter: LATER, WHEN HE
SOBERED UP, SAID ROB, HE REALIZED HE MUST HAVE BEEN AT
THE TABLE WITH LEE WHAT IS IT ABOUT YOU THAT SHOULD
MAKE US THINK THAT YOU AREN'T THE SORT OF PERSON WHO -- YOU
KNOW, MIGHT HAVE BEEN SHOWING LEE THE GUN, AND YOU'RE, YOU
KNOW, BOTH FIVE SHEETS TO THE WIND.
AND -- AND IT WENT OFF ACCIDENTALLY AND KILLED HIM.
>> WHETHER WE'RE DRINKING OR NOT, I DON'T BELIEVE THAT I
WOULD EVER BE SO IRRESPONSIBLE AS TO INTRODUCE A GUN TO THAT
ENVIRONMENT. THAT'S -- GOES AGAINST MY CORE
BEING. >> Reporter: THE DEFENSE CALLED
THIS DOCTOR, AN EXPERT IN ALCOHOL ABUSE, TO EXPLAIN SOME
OF ROB'S STRANGE BEHAVIOR. AROUND THE TIME OF THE 9-1-1
CALL, ROB'S BLOOD WAS THREE TIMES THE LEGAL LIMIT.
>> IN MY OPINION TO A REASONABLE DEGREE OF MEDICAL CERTAINTY HE
WAS IN A BLACKOUT >> Reporter: WHICH CERTAINLY
EXPLAINED NOT RECOGNIZING LEE, SAID THE EXPERT.
AS FOR THE BIG DEAL THE STATE MADE ABOUT ROB WASHING HIS HANDS
WHEN THE OFFICER TOLD HIM NOT TO
>> HAVE YOU EVER TOLD A DRUNK FRIEND TO DO SOMETHING?
IT'S KINDA LIKE HERDING CATS >> REPORTER: I KNOW, BUT HE'S A
LAWYER AND AN EX-COP >> RIGHT.
HE'S AN EXTREMELY DRUNK LAWYER AND EX-COP
>> Reporter: BUT WHAT ABOUT THE FORENSIC EVIDENCE?
THE VERY HEART OF THE STATE'S CASE
THE STATE'S EXPERT REMEMBER TOLD THE JURY THAT THE LAW OF GRAVITY
DICTATED THAT THE GUN SHOULD HAVE DROPPED OUT OF LEE'S HAND
AS SOON AS HE FIRED A BULLET INTO HIS HEAD.
BUT THE DEFENSE MEDICAL EXPERT PRODUCED STATISTICS SHOWING THAT
GUNS ACTUALLY REMAIN IN THE HANDS OF SUICIDE VICTIMS 25% OF
THE TIME >> HAVE YOU EVER SEEN THE GUN
STAY IN THE HAND OF SOMEBODY THAT COMMITTED SUICIDE
>> YES, SIR. >> Reporter: IN FACT, SAID
ATTORNEY CATES, IT WOULD HAVE BEEN ALMOST IMPOSSIBLE FOR ROB,
FROM WHERE HE HAD TO BE SITTING IN THE KITCHEN, TO SHOOT LEE AND
PRODUCE THE ACTUAL ROUTE THE BULLET FOLLOWED.
>> ROB WOULD'VE HAD TO HAVE GONE SOMETHING LIKE THIS IN ORDER TO
HAVE DONE IT >> Reporter: THEN ATTORNEY CATES
ATTACKED DIRECTLY THE STATE'S BLOOD SPATTER EXPERT
>> YOU HAVE -- YOU REALLY HAVE NO IDEA WHAT HAPPENED TO THE
CHAIR -- OTHER THAN IT WAS MOVED?
>> HOW THAT CHAIR GETS FROM POINT 'A' TO POINT 'B' NO, I
DON'T KNOW >> HE WOULD SAY ONE THING AND
THEN ON CROSS-EXAMINATION I WOULD ASK HIM AND HE'D SAY,
"WELL, I REALLY DON'T KNOW HOW IT HAPPENED.
>> YOU DON'T KNOW HOW MR. FISCHER PICKED UP MR. RADDER,
CORRECT? >> YES, IT'S ASSUMPTION.
THERE'S TOO MANY VARIABLES >> AFTER MY CROSS-EXAMINE AND
REDIRECT OF THAT WITNESS, I THOUGHT WE WON THE TRIAL
>> Reporter: STILL, THE CONFIDENT CATES WASN'T DONE
MAKING HIS CASE. HE CALLED HIS OWN BLOOD SPATTER
EXPERT TOO WHO LOOKED AT THE VERY SAME EVIDENCE AND SAID
THERE WAS NO DOUBT IN HIS MIND THE STATE HAD IT WRONG
>> THIS IS A SELF-INFLICTED GUNSHOT WOUND.
>> Reporter: FINALLY, SAID DEFENSE ATTORNEY CATES, THE CASE
CAME DOWN TO ONE CRUCIAL QUESTION
WHOSE FINGER WAS ON THE TRIGGER OF THE GUN
CATES PUT THE QUESTION TO THE STATE'S CRIME ANALYST.
>> YOU AT LEAST SAID YOU COULDN'T EXCLUDE MR. RADDER
CORRECT? >> THAT'S CORRECT.
>> THAT'S BECAUSE THERE WERE PORTIONS OF THIS PRINT THAT
MATCHED PORTIONS OF MR. RADDER'S PRINT?
>> THERE WAS, YES. >> Reporter: AND THE PERSON
WHOSE PRINTS DID NOT MATCH, WAS ROB FISCHER.
>> HIS FINGERPRINTS WEREN'T ON THE GUN.
HIS DNA WASN'T ON THE GUN, AND LEE'S WAS.
THEY DIDN'T FIND ANY FINGERPRINTS THAT MATCHED ROB
FISCHER ANYWHERE ON THE GUN. >> Reporter: WELL, WHAT DID THAT
SAY TO YOU >> LEE WAS THE LAST ONE THAT
HANDLED THE GUN. >> Reporter: BECAUSE, SAID DWAYE
CATES, LEE RADDER SHOT HIMSELF UP TO JURORS TO DECIDE THAT.
THEIR TURN NOW >>> COMING UP --
>> HAVE YOU REACHED A VERDICT? >> YES MA'AM
>> THE NEWS THAT WOULD ROCK THIS TRAUMATIZED FAMILY, ALL OVER
AGAIN. >> JOY CALLED ME -- MY ATTORNEY,
AND SAID "ARE YOU SITTIN' DOWN?" >> Reporter: IT WAS DECEMBER
2013 WHEN THE MURDER CASE AGAINST ROB FISCHER WENT TO THE
JURY ROB SAID HE FELT AT PEACE THEN
OR AT LEAST, AS MUCH AS A PERSON COULD BE, GIVEN --
ANYWAY, HE KNEW, HE SAID -- HE KNEW THAT HE DIDN'T DESERVE TO
BE HAULED OFF TO THE SLAMMER >> I KNEW I SHOULD BE GOING
HOME AND SO I WAS HOPEFUL THAT THE
JURY WOULD'VE SEEN IT THE SAME WAY.
>> Reporter: YOU HAD TO BE DOING SOME STRATEGIC THINKING TOO --
IF THIS, IF THAT SO WHAT -- WHAT WAS IN YOUR
HEAD >> I DID FEEL VERY CONFIDENT
>> Reporter: NO SURPRISE THE PROSECUTOR READ THE TEA LEAVES
RATHER DIFFERENTLY >> I KNEW WHEN THE JURY WAS
GOING BACK WITH THIS CASE, THAT THEY HAD ENOUGH INFORMATION TO
COME TO THE RIGHT CONCLUSION AND THEY WERE GONNA REALIZE THAT
MURDER EXPLAINS ALL THE EVIDENCE
>> Reporter: PRACTICALLY EVERYBODY THOUGHT IT WOULD BE
OVER SOON, INCLUDING ROB'S ATTORNEY
>> I THOUGHT THEY'D BE BACK IN A COUPLE HOURS WITH A "NOT GUILTY"
VERDICT. >> Reporter: DIDNT HAPPEN.
tHE HOURS TICKED BY AS THE JURORS APPARENTLY WRESTLED WITH
SOMETHING. ONE DAY BECAME TWO DAYS.
TWO BECAME THREE >> Reporter: YEAH, YOU HAD TO BE
THINKIN', "WHAT -- WHAT ARE THEY TALKING ABOUT BACK THERE?"
>> EXACTLY >> Reporter: AS THE DEBATE WENT
ON IN THE JURY ROOM, OUTSIDE, LEE'S NEW YORK FAMILY WAS
DESPERATE FOR A GUILTY VERDICT, SO THE WORLD WOULD KNOW THEIR
LEE DIDN'T TAKE HIS OWN LIFE, DIDN'T DO WHAT THE DEFENSE SAID
HE DID >> I WANNA PUT MY HEAD DOWN ON
MY PILLOW AT NIGHT SAYING THAT WAS A TERRIBLE, TERRIBLE THING
THAT HAPPENED, AND NO, MY BROTHER DID NOT COMMIT SUICIDE,
THAT HIS LIFE WAS TAKEN BY SOMEBODY ELSE.
AND THAT WILL GIVE ME CLOSURE. >> Reporter: AND THEN?
IT WAS DECEMBER 19th AND IT JUST HAPPENED TO BE ROB'S 53rd
BIRTHDAY WORD CAME THERE WAS A VERDICT.
ROB AND COMPANY HURRIED TO THE COURTHOUSE, HOPING FOR A
BIRTHDAY PRESENT FROM THE JURY >> PLEASE BE SEATED >> Reporter:
WHAT DID YOU SEE WHEN THEY WALKED IN?
>> THEY DIDN'T LOOK AT ME, WHICH AS A LAWYER I KNOW IS NOT A GOOD
SIGN >> HAVE YOU REACHED A VERDICT?
>> YES, MA'AM. "WE THE JURY FIND THE DEFENDANT
AS TO COUNT ONE SECOND DEGREE MURDER, GUILTY."
>> Reporter: GUILTY. ROB FISCHER STARED STRAIGHT
IN THE GALLERY, LEE'S FAMILY AND FRIENDS QUIETLY SOBBED
THEY HAD THEIR JUSTICE THE PROSECUTOR TOOK HIS VICTORY
IN STRIDE. >> Reporter: WERE YOU SURPRISED
AT ALL >> NO.
>> Reporter: A LOT OF PEOPLE AROUND -- IN THE COURTROOM WERE.
>> DEPENDS ON WHAT SIDE OF THE ROOM -- WHAT -- WHAT SIDE OF THE
AISLE YOU WERE SITTIN' ON. >> Reporter: YEAH.
BUT YOU WERE NOT SURPRISED AT ALL?
>> I WASN'T SURPRISED FOR THE FACT THAT I THOUGHT WE DID AN
EXCELLENT JOB IN EDUCATING THE JURY ON THE SCIENTIFIC EVIDENCE
IN THIS CASE, AND THAT THEY COULD ONLY COME TO ONE
CONCLUSION, AND THAT WAS MURDER. >> Reporter: THE CONSEQUENCES,
IN A SITUATION SUCH AS THIS, ARE IMMEDIATE.
ROB FISCHER WAS HANDCUFFED, AND LED THROUGH A DOOR THAT LED TO
THE COUNTY JAIL. >> I WANNA SAY IT'S A LITTLE
SURREAL. >> Reporter: AND THEN HE WAS
INSTALLED IN A TEMPORARY CELL WHILE HE AWAITED A SENTENCE OF
SOMETHING LIKE 25 YEARS IN PRISON
>> THE THOUGHT OF SPENDING THE NEXT -- IN ESSENCE THE REST OF
MY LIFE, IN CONFINEMENT, VERY DIFFICULT TO TRY TO PROCESS.
>> Reporter: BELINDA WASN'T IN COURT TO HEAR THE VERDICT.
BUT SHE CERTAINLY DID HEAR ABOUT IT, AND WAS SHOCKED.
>> I WAS AT THE GYM, AND JOY CALLED ME -- MY ATTORNEY -- AND
SAID "ARE YOU SITTIN' DOWN?" BECAUSE, YOU KNOW, EVERYBODY
THAT KNEW INFORMATION, THEY REALLY THOUGHT THAT HE WAS GONNA
BE FOUND NOT GUILTY. >> Reporter: BUT SHE HERSELF, AS
SHE TOLD US IN A SEPARATE INTERVIEW, DIDN'T KNOW WHAT TO
THINK, OR WHO TO BELIEVE >> I -- I DIDN'T -- I DON'T KNOW
-- I'M 100% HONEST, I -- I DON'T KNOW WHAT I WANTED
I REALLY DON'T I DON'T THINK THAT THERE WAS A
VERDICT EITHER WAY THAT WOULD HAVE BEEN WHAT I WANTED.
>> Reporter: CERTAINLY WASN'T WHAT DWAYNE CATES WANTED
HOW HAD HE SO MISREAD THAT JURY? >> I WAS PERPLEXED
I HAD NO IDEA HOW THEY COULD HAVE COME TO THAT CONCLUSION
GIVEN WHAT THE EVIDENCE IN THE CASE WAS
>> Reporter: BUT GIVE UP NO, THAT HE COULD NOT DO, SAID
ROB'S ATTORNEY STILL, ANY CHANCE THAT A NEW
CHAPTER WOULD BE ADDED TO THIS STORY WAS VERY REMOTE INDEED
UNLESS - WELL, WE SHALL SEE
>>> COMING UP -- DWAYNE CATES GETS A BOLD IDEA.
>> Reporter: THAT'S GOTTA BE SUCH A LONG SHOT
>> ABSOLUTE LONG >> Reporter: IT WAS CHRISTMAS
AGAIN IN LEE RADDER'S FAMILY A DIFFICULT SEASON EVER SINCE
WHAT HAPPENED DURING THAT CHRISTMAS HOLIDAY IN 2010.
BUT NOW ROB FISCHER WAS A CONVICTED MAN, AND THE NEW YORK
BRANCH FELT THE KIND OF CONSOLATION THAT COMES WITH THE
BELIEF THAT JUSTICE HAS BEEN DONE
DO YOU THINK ABOUT HIM A LOT >> ABOUT ROB FISHER?
NO I TRY NOT TO PUT HIM IN MY MIND
AT ALL BECAUSE I DON'T WANT -- I DON'T WANT HATE IN MY SYSTEM
>> Reporter: OUT WEST, BELINDA WAS A MESS OF CONTRADICTIONS
AND, OF COURSE, SHE HAD TO TELL HER DAUGHTERS.
THE ELDEST THEN 12, TOOK IT HARD
COULDN'T GRASP THAT HER PAPA HAD KILLED HER FATHER.
>> MY DAUGHTER FINALLY ASKED ME ABOUT THREE DAYS LATER IF THE
VERDICT HAD COME BACK, AND I SAID, "YES."
AND SHE JUST LOOKS AT ME, AND I JUST STARTED CRYING.
AND RIGHT THEN, SHE KNEW >> Reporter: THAT THAT WAS HER
PAPA >> UH-HUH.
SHE WANTS TO HAVE A CONNECTION WITH HIM, BUT YET SHE DOESN'T
WANNA TALK TO HIM. SO I THINK SH -- SHE STRUGGLES
WITH THAT, AND MAYBE FEELING LIKE SHE'S NOT BEING LOYAL TO
HER DAD IN SOME WAY. >> Reporter: BELINDA HAD BEEN
LEANING ON HER FATHER AND STEP-MOM FOR SUPPORT SINCE LEE
DIED HER FATHER, JERRY DUPRE, IS A
PSYCHOLOGIST HE LOVED HIS SON-IN-LAW, LEE,
VERY MUCH, HE TOLD US -- BUT HE WAS CONVINCED THE JURY GOT IT
WRONG. >> MY WIFE AND I ARE BOTH
30-YEAR CLINICIANS, OKAY WE KNEW THAT LEE COMMITTED
SUICIDE, AND WE -- FROM THE GET-GO
>> Reporter: REALLY? >> YES
>> Reporter: WHAT MADE YOU THINK SO
>> LEE WAS A SALESMAN, AND THERE'S A LOT OF FALSE BRAVADO
TO THAT PROCESS. A GOOD MAN, HE CARED ABOUT
BELINDA, HE CARED ABOUT HIS CHILDREN, BUT A LOT OF FALSE
PRIDE. WHEN THAT COLLAPSES, THERE'S
NOWHERE FOR IT TO GO >> Reporter: WHICH IS EXACTLY
WHAT DEFENSE ATTORNEY DWANE CATES HAD ARGUED ALL ALONG
AN ARGUMENT THAT CLEARLY FAILED TO PERSUADE THE JURY, BUT DWANE
CATES WASN'T READY TO SAY UNCLE. NOT HIM.
SO WHAT CAN YOU DO ABOUT IT? IF YOU BELIEVE A JURY HAS
REACHED REALLY THE INCORRECT CONCLUSION, AND IT'S AN
INJUSTICE, WHAT CAN YOU DO ABOUT IT
>> WELL, THE FIRST THING I DO IS FILE A MOTION FOR NEW TRIAL.
>> Reporter: SO AS ROB FISCHER ENDURED CLAUSTROPHIA, AND FOUGHT
DESPAIR, IN HIS TEMPORARY CELL OVER AT THE MARICOPA COUNTY
JAIL, CATES WENT TO WORK TO TRY TO GET THE GUILTY VERDICT
TOSSED HE HAD TO FILE HIS MOTION TEN
DAYS AFTER THE TRIAL ENDED HE WORKED AROUND THE CLOCK AND
STRAIGHT THROUGH THE HOLIDAYS. >> YOU KNOW THIS WAS MY
CHRISTMAS VACATION OKAY
WAS WRITING THIS MOTION. >> Reporter: CATES BASED THE
MOTION FOR A NEW TRIAL ON TWO CENTRAL COMPLAINTS
NUMBER ONE, AN ALLEGATION OF PROSECUTORIAL MISCONDUCT,
ACCUSING THE OTHER SIDE OF USING UNFAIR LANGUAGE DURING THE
TRIAL, AND UNFAIR TACTICS EVEN BEFORE IT STARTED.
>> THEY PLAYED HARD WITH THE DISCOVERY.
GETTING US DISCOVERY GETTING US NOTES AFTER I DO THE
INTERVIEW INSTEAD OF BEFORE THE INTERVIEW.
>> Reporter: THEY COULD HAVE BEEN MORE FORTHCOMING.
IS THAT WHAT -- >> YEAH, I --
>> Reporter: YOU'RE SAYING >> YOU KNOW, THE PRACTICE OF LAW
DOESN'T HAVE TO BE AS HARD AS IT WAS IN THIS CASE
>> Reporter: SO THERE WAS THAT A COMMON COMPLAINT THOUGH WHICH,
FRANKLY, DOESN'T OFTEN GO ANYWHERE
BUT, SOMETHING ELSE, TOO CATES ARGUED THAT THE JURY'S
VERDICT WAS CONTRARY TO WEIGHT OF THE EVIDENCE, WHICH IS A
PRETTY BIG DEAL, AND ALSO A PRETTY BIG STRETCH
>> THE JUDGE CAN REWEIGH THE EVIDENCE, BECAUSE THE JUDGE WAS
THERE. THE JUDGE GOT TO SEE ALL THE
TESTIMONY. GOT TO HEAR ALL THE WITNESSES.
GOT TO -- GOT TO SEE EVERYTHING THAT HAPPENED IN THE COURTROOM
>> Reporter: THAT'S GOTTA BE SUCH A LONG SHOT, THOUGH,
BECAUSE JUDGES LOOK AT JURY VERDICTS ALL THE TIME AND THEY
SAY, "WELL, THE JURY -- YOU KNOW, THEY LOOKED AT THE SAME
EVIDENCE, THEY MADE THEIR DECISION AND THAT'S THE WAY THE
LAW WORKS. >> ABSOLUTE LONG SHOT.
>> Reporter: CATES PUT IT INTO HIS MOTION ALMOST AS AN
AFTERTHOUGHT REALLY HOPING AGAINST HOPE THAT THE JUDGE
WOULD SEE WHAT THE JURY APPARENTLY DID NOT, THAT THE
STATE'S BLOOD EXPERT'S TESTIMONY DIDN'T ADD UP.
DWANE CATES HAD BEEN AROUND FOR QUITE A WHILE, SO HE KNEW HE WAS
TILTING AT WINDMILLS APPEALS OF THAT SORT ALMOST
NEVER SUCCEED. ALMOST NEVER
>> ABSOLUTELY. IT WAS A HAIL MARY PASS.
BUT I FELT CONFIDENT IN IT >> Reporter: THE PROSECUTOR
SUBMITTED HIS OWN BRIEF TOO, DENYING ANY MISCONDUCT AND
STANDING BY THE EVIDENCE AND HIS CASE
THEN SO THEN WHAT, YOU SIT BACK AND
WAIT >> ABSOLUTELY.
>> Reporter: HOW WAS ROB DOING IN THE MEANTIME?
>> ROB WAS IN JAIL, SO I DON'T THINK ROB WAS DOING VERY WELL.
>> Reporter: IN HIS CELL, ROB FISCHER, LAWYER THAT HE IS,
FIGURED OUT THE TIMING OF THE THING.
FIRST THE JUDGE WOULD HEAR THE ARGUMENTS, THEN SPEND SOME TIME
WORKING ON HER RULING. SO THAT FIRST WEEK, HE DIDN'T
EVEN THINK ABOUT IT. SAME THE SECOND WEEK
IT WAS THEN ROB STARTED TO WORRY.
CATES WOULD VISIT HIM PERIODICALLY
DID YOU GET A CHANCE TO TALK TO HIM MUCH
>> I DID AND -- AND IT WAS HARD
I HATED TO GO SEE HIM IN JAIL. >> Reporter: WHAT HAD HAPPENED
TO THIS MAN'S LIFE SAME BUSINESS AS YOU
SUCCESSFUL ATTORNEY IN A DIFFERENT TYPE OF LAW, BUT JUST
THE SAME WHAT HAD HAPPENED TO THAT LIFE
OF HIS >> IT WAS GONE
IMAGINE, KEITH, SOMEBODY THAT -- SOMEBODY -- THE POLICE WALK IN
THE DOOR RIGHT NOW THEY PUT YOU IN HANDCUFFS AND
THEY LOCK YOU UP AND -- AND YOU LOSE EVERYTHING
YOU LOSE YOUR HOUSE, YOU LOSE YOUR BUSINESS, LOSE YOUR CAREER.
IT'S ALL GONE. BOOM
IN AN INSTANT, IT'S ALL GONE >> Reporter: BUT OF COURSE, IN
JUST ONE INSTANT, LEE RADDER'S LIFE WAS GONE, FOREVER
WHAT PRISON TERM WOULD ATONE FOR THAT
THAT WAS ALSO UP TO THE JUDGE. BUT FROM HER, AS THE DATE FOR
SENTENCING APPROACHED, THERE WAS NOT A WORD
>>> COMING UP -- STUNNING NEWS JOLTS EVERYONE IN
THE CASE >> IT WAS LIKE A SHOT TO THE
HEART. HOW IS THAT EVEN POSSIBLE?
>> DOES THAT HAPPEN? HAD NEVER EVEN HEARD OF THAT
>> Reporter: AS 2014 BEGAN, ROB FISCHER WAS WAITING -- WAITING
FOR THE JUDGE'S RULING ON THE MOTION FOR A NEW TRIAL, ALL THE
WHILE SITTING IN AN ISOLATION CELL IN THE MARICOPA COUNTY
JAIL YOU'RE AN EX-COP, WHICH ADDS TO
IT >> RIGHT
>> Reporter: HOW DID THAT COMPLICATE YOUR LIFE
>> THEY PUT ME IN PROTECTIVE CUSTODY, LOCKED DOWN FOR 23
HOURS A DAY. >> Reporter: ONE DAY AT A TIME,
THROUGH ALL OF JANUARY, THEN FEBRUARY
AND THEN, IT WAS THE 28th. ROB WAS DUE IN COURT IN A WEEK
FOR HIS SENTENCING HEARING AND THAT'S WHEN DWAYNE CATES
CAME TO CALL >> I ASKED HIM, YOU KNOW, "SO
DID WE HEAR ANYTHING?" HE GOES, "WELL, BEFORE WE TALK
ABOUT THAT, LET'S TALK ABOUT NEXT FRIDAY'S HEARING.
>> I TOLD HIM THAT, YOU KNOW, THAT HE'S GOTTA GET READY.
>> AND THEN HE LOOKS AT ME WITH A BIG GRIN AND SAYS, "IT'S NOT A
SENTENCING HEARING, IT'S A BOND HEARING --
>> "-- BECAUSE YOU'RE GETTIN OUT OF JAIL.
>> Reporter: IT WAS STUNNING OVERWHELMING
>> I WAS ECSTATIC, I WAS ELATED, I WAS THRILLED.
>> Reporter: AND DWAYNE CATES FELT LIKE HE'D JUST WON THE
LOTTERY. >> IT VERY RARELY HAPPENS THAT A
JUDGE WILL STEP IN AND ON THE WEIGH --
AND REWEIGH THE EVIDENCE AND SAY THE JURY JUST PLAIN GOT IT
WRONG. >> Reporter: REMEMBER, CATES
MADE TWO ARGUMENTS FOR A NEW TRIAL.
THE FIRST, AN ALLEGATION OF PROSECUTORIAL MISCONDUCT, WAS
REJECTED BY THE JUDGE. HIS SECOND ARGUMENT, THE TOTAL
LONG SHOT, WAS THAT ROB'S CONVICTION WASN'T SUPPORTED BY
THE EVIDENCE AND WHAT DO YOU KNOW
THE LONG SHOT -- THE HAIL MARY -- SUCCEEDED
AND CAUSED THE JUDGE TO THROW OUT THE VERDICT.
I'M GONNA READ A LITTLE BIT OF IT HERE.
"THE DETECTIVES' OPINION THAT THE DEFENDANT STAGED THE SCENE
BY MANIPULATING LEE'S BODY IS NOT SUPPORTED BY THE PHYSICAL
EVIDENCE, LACKS CREDIBILITY AND IS SHEER SPECULATION
THE DNA AND FINGERPRINT EVIDENCE ARE COMPLETELY INCONSISTENT WITH
THE VERDICT. "SHEER SPECULATION."
HAVE YOU EVER HEARD THAT FROM A JUDGE BEFORE
>> YES, BUT -- >> BUT -
[ LAUGHTER ] >> -- IT'S NICE TO HEAR IT WHEN
IT'S, YOU KNOW, ON THE OTHER SIDE
I MEAN -- AND IT WAS SHEER SPECULATION.
>> Reporter: THE JUDGE WAS PARTICULARLY SCATHING ABOUT THE
STATE'S BLOOD EXPERT SHE SAID HE WAS GUILTY OF A
"FATAL FLAW" WHEN HE TRIED TO DECIPHER THOSE BLOODY
FOOTPRINTS, BECAUSE HE WRONGLY INTERPRETED THE PRINTS AS FACING
THE OPPOSITE DIRECTION AND THE JUDGE SAID, ALL BUT
WAGGING HER FINGER, THAT HE BACKTRACKED AND REPEATEDLY
PROVIDED INCONSISTENT TESTIMONY ON THE STAND
>> THAT WAS THEIR KEY WITNESS. I MEAN THAT WAS THE KEY TO THEIR
CASE AND -- AND HE WAS NOT CREDIBLE
>> Reporter: AND SO, ONE CHILLY NIGHT IN MARCH 2014, ROB FISCHER
WALKED OUT OF THE COUNTY JAIL AND INTO THE ARMS OF HIS LAWYER,
THE GUY WHO TOOK A CHANCE ON THE LONG SHOT.
>> ITS BEEN A LONG, LONG ROAD. ROB'S OUT, HE'S TIRED.
>> Reporter: BUT IF ROB WAS RELIEVED AND HAPPY, LEE'S FAMILY
WAS NOT. THEY'D BEEN MAKING PLANS TO FLY
TO ARIZONA FOR THE SENTENCING WHEN THEY GOT THE CALL
>> AND THE PROSECUTOR SAID, "DON'T GET ON THE PLANE.
DON'T COME." AND IT WAS LIKE A SHOT TO THE
HEART, BECAUSE HOW IS THAT EVEN POSSIBLE THAT A JUDGE CAN STEP
IN AS A 13th JUROR AND OVERTURN A VERDICT TRACK?
>> Reporter: BELINDA COULDN'T WRAP HER HEAD AROUND THE JUDGE'S
RULING EITHER. >> I -- I'M LIKE, "REALLY?
THIS -- I MEAN -- DOES THAT HAPPEN?"
I HAD NEVER EVEN HEARD OF THAT >> Reporter: SO NOW BELINDA HAD
TO ACCEPT THE SECOND OF THOSE TWO BAD OPTIONS.
THAT HER HUSBAND TOOK HIS OWN LIFE
>> I GOT A TEXT FROM MY DAD AFTER HE READ IT
AND HE JUST SAID, "THERE'S NO DOUBT.
ROB DIDN'T DO THIS." THAT LEE COMMITTED SUICIDE
I GUESS THERE'S JUST, UGH, NO DENYING IT NOW
>> Reporter: WELL, I GET IT NOW. IT'S LIKE YOU'VE -- YOU'VE BEEN
THROUGH -- A ROLLER COASTER OF DIFFERENT KINDS OF GRIEF, RIGHT?
>> YEAH. >> Reporter: AND WITH THAT KIND
OF GRIEF CAME GUILT. >> WHY DIDN'T I DO ANYTHING TO
STOP IT? WHAT IF I HAD ONLY SAID THIS, OR
IF I HAD ONLY DONE SOMETHING TO MAKE THAT DIFFERENT, FOR HIM TO
STILL BE HERE, FOR HIM TO KNOW HOW IMPORTANT AND THAT THE MONEY
DIDN'T MATTER? SO OF COURSE THE -- THE GOOD OLD
"WHAT IF" GAME IF ONLY I'D --
>> Reporter: YEAH, SURE. >> -- TOOK IT MORE SERIOUSLY,
YOU KNOW, REALLY LISTENED TO WHAT HE WAS TRYING TO SAY TO ME,
TO MAYBE HAVE BEEN A BETTER WIFE
>> Reporter: ROB WENT BACK TO CALIFORNIA TRYING, FROM SCRATCH,
TO PUT HIS LIFE BACK TOGETHER. >> THE STATE OF ARIZONA'S TAKEN
TWO YEARS OUT OF MY LIFE AND I REFUSE TO LET THEM TAKE ANY MORE
TIME SO WE ARE GOING FORWARD IN OUR
LIFE, AS ALL THIS IS BEHIND US >> Reporter: BUT PROSECUTOR JAY
RADEMACHER, WELL, HE HAD DIFFERENT PLANS FOR ROB FISCHER.
SO, END OF THE STORY OH NO.
NOT AT ALL >>> COMING UP --
FOR ROB, A DEVASTATING TURN OF EVENTS
>> JAY CALLED ME DIRECTLY AND SAID THAT "WE GOT ANOTHER GRAND
JURY AND WE'RE GOING TO ARREST HIM AGAIN.
>> I JUST BROKE DOWN, AND STARTED CRYING, JUST IN
DISBELIEF.
CONVICTION WAS THROWN OUT, ROB FISCHER TRIED TO GET HIS OLD
LIFE BACK. WHICH MEANT STARTING, FROM
SCRATCH, THE FAMILY LAW PRACTICE THAT IMPLODED AND DIED WHEN HE
WAS CHARGED. >> WE'VE LOST OUR HOME.
WE ARE LIVING, YOU KNOW, AT THE GOOD GRACES OF CLOSE FRIENDS
I JOKE WITH MY WIFE THAT IT'S LIKE WE'RE 17 AGAIN AND WE'RE
STARTIN' OVER. >> Reporter: LEE'S NEW YORK
FAMILY WAS STUCK IN PLACE, FELT LIKE JUSTICE HAD BEEN STRIPPED
AWAY >> IT WAS HORRIBLE.
IT WAS HORRIBLE. >> Reporter: THE PROSECUTOR TOLD
THEM BE PATIENT -- AND HE FILED AN APPEAL TO GET THE CONVICTION
REINSTATED, CLAIMING THE JUDGE HAD ABUSED HER DISCRETION.
>> IT'S LIKE KICK -- KICKING THE HOPEFUL CAN DOWN THE ROAD.
YOU KNOW, JUST PRAYING THAT, YOU KNOW, WE GET A RESOLUTION.
>> Reporter: AND BELINDA TOLD US RECENTLY, SHE JUST INCHED ALONG,
NO CHOICE REALLY AS A SINGLE MOM.
>> PRETTY HORRIBLE MOST OF THE TIME.
TRYING TO NAVIGATE THINGS FOR THE GIRLS.
>> Reporter: FULL OF UNCERTAINTIES.
>> FULL OF UNCERTAINTIES, AND FULL OF QUESTIONS.
>> Reporter: BUT SHE DID NOT ASK ROB THOSE QUESTIONS.
NEVER TALKED ABOUT, WHAT HAPPENED
>> Reporter: WERE YOU AFRAID TO DO THAT?
>> I THINK I WAS ANXIOUS, NERVOUS, EMOTIONAL
>> Reporter: AND HERE'S THE SAD TRUTH REALLY
BELINDA AND ROB HAD BONDED OVER THE SHARED GRIEF OF LOSING HER
MOTHER, HIS LATE WIFE, TO CANCER, BUT LEE'S DEATH DID THE
OPPOSITE what happened TO THE
RELATIONSHIP WITH ROB, YOUR RELATIONSHIP
>> IT WAS DIFFICULT THE LOSSES ON SO MANY LEVELS, IT
DRASTICALLY CHANGED OUR RELATIONSHIP IN A LOTTA WAYS
>> Reporter: WAS WHEN THE PROSECUTION'S APPEAL FINALLY
MADE ITS WAY TO THE ARIZONA SUPREME COURT, WHICH AGREED WITH
THE TRIAL COURT JUDGE THE JUSTICES WROTE "THERE WAS,
QUITE SIMPLY, NO PHYSICAL EVIDENCE THAT THE DEFENDANT
FIRED THE GUN THAT KILLED LEE. A LOSS FOR THE PROSECUTOR JAY
RADEMACHER AND LEE'S FAMILY. SO CASE FINALLY CLOSED?
NO >> I THINK JAY CALLED ME
DIRECTLY AND SAID THAT, "WE GOT ANOTHER GRAND JURY AND WE'RE
GOING TO ARREST HIM AGAIN. >> Reporter: WAIT.
RE ARREST ROB? THAT'S RIGHT.
DESPITE A JUDGE AND THE HIGHEST COURT SAYING THEY DIDN'T HAVE
THE EVIDENCE, THE STATE WAS FREE TO TRY HIM AGAIN
AND THAT'S JUST WHAT THE PROSECUTOR PLANNED TO DO
>> SO BASICALLY, WE'RE BACK AT SQUARE ONE
>> Reporter: IN FEBRUARY OF 2019, ROB FISCHER WAS AGAIN
CHARGED WITH SECOND DEGREE MURDER.
HE WAS RELEASED ON BAIL AND RETURNED TO CALIFORNIA AS HE
AWAITED TRIAL. >> WELL, WE WERE EXCITED, I
THINK, WHEN WE GOT THE FIRST TRIAL DATE
THEY LED US TO BELIEVE THAT THEY HAD A STRONG CASE GOING FORWARD,
STRONGER THAN THE FIRST TIME >> Reporter: BUT DID THEY?
A YEAR PASSED. AND THEN IT WAS 2020
AND COVID CLOSED DOWN COURTHOUSES, THAT YEAR, AND THE
NEXT YEAR. LEE'S MOM HAD SUFFERED A
DEBILITATING STROKE, BUT, SAID HER FAMILY, HOPE OF SEEING A
CONVICTION KEPT HER ALIVE. BY THE FALL OF 2021, IT HAD BEEN
MORE THAN A DECADE SINCE LEE WAS KILLED, AND THAT'S WHEN LEE'S
SISTER GOT THIS UPDATE FROM THE FAMILY'S VICTIM ADVOCATE
>> AND SHE'S LIKE, "I HAVE SOME BAD NEWS."
AND, YOU KNOW, THE WORST NEWS THAT YOU COULD EVER POSSIBLY
IMAGINE HER TO SAY WOULD BE, "THEY'RE DROPPING THE CASE," AND
THAT'S WHAT SHE SAID >> Reporter: THE STATE OF
ARIZONA HAD DISMISSED THE CASE AGAINST ROBERT FISCHER
THE COURT PAPERS SIMPLY SAID IT WAS "IN THE INTEREST OF
JUSTICE. >> IT'S DISBELIEF, THEN IT'S
SHOCK THEN ITS ANGER AND LIKE, I'M SHAKING JUST
THINKING ABOUT -- JUST THINKING ABOUT IT.
WHAT SHE TOLD US WAS THAT IT WASN'T JAY'S DECISION THAT THE
DECISION CAME FROM ABOVE HIM, FROM HIS SUPERIORS, FROM A
COMMITTEE OF HIGHER UPS LISA HAD ONE PHONE CALL WITH THE
PROSECUTOR'S OFFICE IN WHICH, SHE SAID, THEY MENTIONED CONCERN
ABOUT THE BLOOD EVIDENCE >> SO THEY DID SAY THAT THERE
WAS A STAIN THAT WAS LOOKED AT, AND IT WAS INCONCLUSIVE FOR
HOMICIDE OR INCONCLUSIVE FOR SUICIDE.
I DON'T KNOW IF THAT'S WHAT MADE THEM DECIDE, "LET'S NOT GO TO
TRIAL THEN." >> Reporter: WE WANTED TO ASK
PROSECUTOR JAY RADAMACHER WHAT HAPPENED TO THE EVIDENCE HE SO
CONFIDENTLY SAID POINTED TO MURDER
HE DECLINED TO BE INTERVIEWED, REFERRED US TO A SPOKESPERSON
FOR THE MARICOPA COUNTY ATTORNEY'S OFFICE.
WHO TOLD US "IT WAS DETERMINED THAT THERE WAS INSUFFICIENT
EVIDENCE TO PROCEED WITH A CRIMINAL PROSECUTION."
>> JUST IN DISBELIEF THAT 11 YEARS, WAS OVER JUST LIKE THAT
-- THAT WAS THE CLOSURE. >> Reporter: BELINDA SAYS THAT
WHILE SHE'S FINALLY GOT THAT ELUSIVE THING CALLED CLOSURE.
SHE'S ANGRY IT TOOK SO LONG. >> WHEN THERE WASN'T ENOUGH
EVIDENCE, THEY SHOULD'VE STOPPED, AND YET, THEY KEPT
GOING IRREGARDLESS. BECAUSE IT WASN'T ABOUT THE
TRUTH. IT WAS ABOUT THEM WINNING A
CASE, AND WE PAID THE PRICE FOR IT
>> Reporter: MIND YOU, ROB'S CASE WAS DISMISSED, WITHOUT
PREJUDICE, WHICH MEANS THE STATE COULD THEORETICALLY COME AFTER
ROB YET AGAIN. BUT THIS TIME IT SEEMS EVERYONE
WANTS TO MOVE ON >> NOW HAS TO BE THE TIME,
BECAUSE IT'S -- IT'S LIKE QUICKSAND, YOU'RE STUCK AND YOU
CAN'T MOVE. AND, YOU KNOW, IT -- IT'S
PARALYZING AND IT TAKES YOUR BREATH AWAY AND YOU CAN'T SLEEP.
AND -- BUT YOU CAN'T LIVE YOUR ENTIRE LIFE LIKE THAT.
>> Reporter: AND NOW, FINALLY, BELINDA COULD FIND THE COURAGE
TO ASK ROB THE HARD QUESTIONS SHE'D BEEN HOLDING IN HER HEART
FOR 11 YEARS WHAT WERE THE CENTRAL QUESTIONS?
>> HOW THE GUN GOT INTRODUCED THAT NIGHT
>> Reporter: WHAT DID HE TELL YOU?
>> BEFORE I GOT HOME THAT EVENING, LEE HAD WATCHED ROB
TAKE THE GUN APART, AND PLACE IT IN HIS BAG, WHICH ANSWERED ONE
OF THE QUESTIONS. HOW DID HE EVEN KNOW THE GUN WAS
THERE? THAT WAS A KEY FOR ME.
WHILE, SOME OF THE QUESTIONS WON'T BE ANSWERED UNTIL I
HOPEFULLY SEE HIM AGAIN, LEE IN HEAVEN, AT LEAST I'VE GOT A
LITTLE BIT OF CLARITY. >> Reporter: WHICH IS THAT LEE
KNEW WHERE TO FIND THE GUN HE MUST HAVE USED TO TAKE HIS OWN
LIFE ITS BEEN MORE THAN SEVEN YEARS
WHEN WE LAST INTERVIEWED. ROB FISCHER, AND RECENTLY HE
TOLD US OFF CAMERA HE IS STILL TRYING TO PIECE HIS LIFE BACK
TOGETHER . ROB HAS DECIDED NOT TO TALK TO
US FOR THIS REPORT. BUT WHAT HAS THIS DONE TO HIM?
>> HE'S READY TO MOVE ON WITH HIS LIFE
AND HE WANTS A RELATIONSHIP WITH THE GIRLS AND I AND I THINK HE'S
READY TO -- TO CLOSE THIS CHAPTER.
>> Reporter: AND NOW >> AND NOW WE MOVE FORWARD.
YOU KNOW? MY GIRLS HAVE A BRIGHT FUTURE
AHEAD OF THEM. AND HE WOULD BE SO PROUD
AND WE MARCH ON WITH MEMORIES OF A GREAT MAN.
>>> THAT'S ALL FOR THIS EDITION OF "DATELINE."
WE'LL SEE YOU AGAIN NEXT FRIDAY AT 9:00/8:00 CENTRAL AND OF
COURSE, I'LL SEE YOU EACH WEEKNIGHT FOR NBC NIGHTLY NEWS
I'M LESTER HOLT. FOR ALL OF US AT NBC NEWS,
GOODNIGHT.