>>> I'M LESTER HOLT.
TONIGHT ON "DATELINE" -- A DARK HOUSE ON A QUIET NIGHT.
AND A DOCTOR WHO WOULD BE DEAD BEFORE DAWN.
>> SHERIFF'S 911 >> MY HUSBAND'S BEEN SHOT.
>> OKAY, WHO SHOT HIM? >> I DON'T KNOW.
>> Reporter: DID IT JUMP OUT AT YOU AS ANYTHING IN PARTICULAR?
>> HE'S NOT YOUR AVERAGE VICTIM. >> I IMMEDIATELY HAD A MENTAL
PICTURE OF GUYS WITH GUNS BREAK DOWN THE FRONT DOOR.
>> I CAN'T IMAGINE WHO WOULD HAVE EVER BEEN MAD AT BUDDY
ENOUGH TO DO THAT. >> COULD THIS BE A SUICIDE
>> HE'S BEEN EVERYTHING TO ME. WE WERE GONNA GROW OLD TOGETHER.
>> Reporter: HOME INVASION -- THEY'RE NOT LIKELY TO SHOOT YOU
WHEN YOU'RE SLEEPING >> SOMETHING WASN'T -- NOT QUITE
RIGHT. >> AGENTS HAD COME AND SERVED A
SUMMONS ON THEM, REQUESTING TAX RECORDS.
>> THE WALLS WERE CLOSING IN >> Reporter: FIRST MURDER TRIAL?
>> YES, SIR. >> WE DIDN'T HAVE DNA.
WE DIDN'T HAVE IT ON VIDEO >> A LOT OF PEOPLE DO BAD THINGS
AND GET AWAY WITH IT >> AND THEN THEY READ THE
VERDICT. SOMEBODY'S LIFE IS ABOUT TO
CHANGE >> HERE'S KEITH MORRISON WITH
"THE DAY THE MUSIC DIED. >> Reporter: OH, HOW HE LOVED IT
HERE CHOSE IT, AFTER ALL.
FEW PLACES LOVELIER. AND NONE WITH A PAST LIKE THE
PAST THAT DELIGHTED HIM HERE THE HISTORY THAT STILL ECHOED IN
THE GREEN HILLS ALL AROUND BUT MOST OF ALL, HE SIMPLY LOVED
THE MUSIC. THE MUSIC ROOTED IN THESE BLUE
RIDGE MOUNTAINS. THE MOUNTAINS THAT ROLL AND RISE
AND DIP INTO ONE OF AMERICA'S LOVED LITTLE CITIES.
ASHEVILLE, NORTH CAROLINA. THE ADOPTED HOME OF
DR. FRANK McCUTCHEON, THE MAN EVERYBODY HERE KNEW AS SIMPLY
"BUDDY." [ LAUGHTER ]
THE DOCTOR PART WAS BUDDY'S DAY JOB.
PLASTIC SURGERY HIS SPECIALTY. BUT IN HIS HEART HE WAS A TRUE
MUSICIAN, PROMINENT AND POPULAR ENOUGH TO APPEAR ON LOCAL TV
* IN A WAY, BUDDY WAS A
PRESERVATIONIST OF THE MUSIC THAT MADE AMERICA.
* BANJO, BAGPIPES, MORE COMMON
INSTRUMENTS. HE KNEW THEM ALL
AND HE KNEW ALL ABOUT THE PEOPLE BEHIND THAT FAMOUS LINE, "THE
DAY THE MUSIC DIED." WHICH, IN BUDDY'S CASE, WAS A
FRIDAY NIGHT IN JULY 2016. STICKY, HOT.
TOURISTS, BROUGHT BY THE SUMMER AND THE TOWN FILLED THE MUSIC
CLUBS, CROWDED INTO THE BREW PUBS
WHILE A FEW MILES AWAY IN A FINE HOUSE ON AN UNCROWDED ROAD IN A
SUBURB JUST OUTSIDE OF TOWN, BUDDY McCUTCHEON AND HIS WIFE,
BRENDA, SETTLED DOWN IN THE AIR-CONDITIONED QUIET AND WENT
TO BED WAS IT SEALED BY THEN, THE FATE
THAT AWAITED THEM? SOMEONE WAITING OUT THERE IN THE
DARK SILENCE REIGNED.
1:00 A.M 2:00 A.M
3:00 A.M AND THEN -
>> SHERIFF'S 911 WHAT IS THE ADDRESS OF YOUR
EMERGENCY? >> MY HUSBAND'S BEEN SHOT.
>> OKAY, WHO SHOT HIM? >> I DON'T KNOW.
>> WHAT IS YOUR HUSBAND'S NAME >> FRANK Mc -- FRANK McCUTCHEON.
>> AND WHAT IS YOUR NAME >> BRENDA McCUTCHEON
>> Reporter: BRENDA WAS A NURSE, BUDDY'S PARTNER IN LIFE AND
WORK >> OKAY, WHERE WAS YOUR HUSBAND
SHOT AT? >> UM, ON THE COUCH IN THE -- IN
OUR TV ROOM. >> IS HE STILL ALIVE
IS HE STILL BREATHING? >> NO.
>> Reporter: BRENDA COULD BARELY TALK, BUT DID MANAGE TO GET OUT
THAT SHE HAD GONE TO SLEEP UPSTAIRS WHILE BUDDY HAD DOZED
OFF DOWNSTAIRS IN FRONT OF THE TV
AND THEN SHE AWOKE TO A SOUND LIKE A SHARP THUNDERCLAP
AND THE DOG BARKED, SO SHE RUSHED DOWNSTAIRS.
AND THERE HE WAS >> DO YOU KNOW WHERE ON HIS BODY
HE WAS HIT TAKE A DEEP BREATH
TAKE A DEEP BREATH FOR ME. >> IN THE HEAD
>> OKAY. >> THE HEAD.
>> Reporter: DAWN WAS STILL HOURS AWAY WHEN SHERIFF'S
DEPUTIES HEADED TO THE HOUSE THEIR BODY CAMS WERE ROLLING AS
THEY ENCOUNTERED BRENDA IN THE PITCH BLACK DARKNESS
>> WHAT'S GOING ON >> MY HUSBAND'S BEEN SHOT.
>> WHERE'S HE AT >> HE'S IN THE HOUSE
>> I'M GOING ON IN THE RESIDENCE.
HE'S SUPPOSED TO BE IN HERE. UNKNOWN IF THERE'S ANYBODY ELSE
IN THERE >> SHERIFF'S OFFICE!
>> Reporter: INSIDE IT WAS DARK, EXCEPT FOR THE GLOW OF THE
TV SCREEN. >> SHERIFF'S OFFICE.
IF YOU'RE IN THE HOME, COME OUT WITH YOUR HANDS UP
>> Reporter: BARELY VISIBLE, SPRAWLED ON THE COUCH, WAS THE
BODY OF 64-YEAR-OLD BUDDY McCUTCHEON
>> THERE'S A SHOTGUN HERE IN THE CORNER
I'M GONNA GO CHECK THE BACKYARD. THIS DOOR WAS UNSECURED WHEN I
CAME IN. >> Reporter: DETECTIVE
JOHN LEDFORD, ROUSED FROM SLEEP, DROVE THROUGH THE EARLY MORNING
LIGHT TO THE McCUTCHEON HOUSE AND TRIED TO PREPARE FOR
WHATEVER HE MIGHT FIND >> YOU'RE NERVOUS.
YOU'RE BRACING YOURSELF. WE KNEW THAT GOING INTO THIS,
THIS WAS PROBABLY GOING TO BE VERY COMPLEX IN NATURE
AND, UH, I DON'T THINK ANYTHING PREPARES FOR WHAT WE WOULD
ENCOUNTER. >> Reporter: LEDFORD WENT
INSIDE >> HE WAS LYING ON THE COUCH,
UH, FACING THE REAR OF THE COUCH.
>> Reporter: WAS IT OBVIOUS WHAT KIND OF INJURY HE'D RECEIVED
>> IT WAS OBVIOUS THERE WAS A GUNSHOT WOUND.
THERE WAS NO EXIT WOUND. BUT IT WAS FAIRLY APPARENT IT
WAS AN ENTRY WOUND TO THE TOP OF THE HEAD
>> Reporter: LEDFORD WASN'T SURE WHAT TO MAKE OF IT
VIOLENT CRIME LIKE THIS WAS UNCOMMON IN ASHEVILLE AND RARELY
INVOLVED A VICTIM LIKE DR. BUDDY McCUTCHEON
>> YOU'VE GOT A DOCTOR, A PLASTIC SURGEON IN -- IN AN
UPPER MIDDLE CLASS NEIGHBORHOOD, DECEASED IN HIS LIVING ROOM.
THAT IN AND OF ITSELF IS SOMEWHAT UNUSUAL.
>> Reporter: LEDFORD'S PARTNER, DETECTIVE WALT THROWER, ARRIVED
NEXT, ARMED WITH A WARRANT TO SEARCH THE HOUSE
>> THERE WAS SOME EARLY SPECULATION.
COULD THIS BE A SUICIDE? >> Reporter: OR SOMETHING MORE
SINISTER SOON THE HORRIBLE NEWS TRAVELED
AT THE SPEED OF PHONE CALLS, MILES WEST TO BUDDY'S HOMETOWN,
FAYETTEVILLE, ARKANSAS, WHERE BRENDA REACHED BUDDY'S BROTHER,
CLUTCH, AND HIS FIANCEE, BEKAH >> SHE JUST HAD STATED THAT
THERE HAD BEEN A HOME INVASION AND SOME KIND OF STRUGGLE AND
BUDDY HAD BEEN SHOT AND KILLED >> Reporter: WHAT WAS IT LIKE TO
HEAR THAT? >> WELL, IT WAS HORRIBLE
TERRIBLE >> Reporter: ALMOST
PHYSIOLOGICALLY THAT MUST DO SOMETHING TO YOU
RIGHT? >> OH, I DID
I JUST -- I DROPPED DOWN ON THE FLOOR.
I DROPPED THE PHONE AND I TOLD BEKAH.
I SAID, "COME GET THE PHONE," AND I JUST DROPPED DOWN.
I MEAN, I WAS JUST SAYING, "NO, NO, NO."
>> Reporter: CLUTCH WAS ONCE A MARINE FIGHTER PILOT AND TOUGH
BUT THIS NOW HE HAD THE GRIM TASK OF
CALLING HIS TWO OTHER BROTHERS FIRST JOHN, FOLLOWED BY MARC
THEN JOHN CALLED MELISSA, THE YOUNGEST MEMBER OF THE FAMILY.
>> WHAT HE SAID TO ME WAS SOME HOME INVADERS BROKE INTO BUDDY'S
HOUSE, AND HE'S DEAD >> Reporter: DO YOU REMEMBER
WHAT IT WAS LIKE TO HEAR ABOUT YOUR BROTHER'S DEATH
>> IT DIDN'T MAKE SENSE. I COULDN'T HAVE BEEN MORE
CONFUSED IF I'D GOTTEN A PHONE CALL SAYING BUDDY GOT ATTACKED
BY A SHARK IN HIS LIVING ROOM AND HE'S DEAD.
AND SO I SAID, "WHAT HAPPENED? AND HE WAS CRYING, "I DON'T
KNOW." AND THEN I STARTED CRYING.
AND THEN THAT WAS THE END OF INQUIRING AT THAT MOMENT
>> Reporter: FOR THE DETECTIVES, OF COURSE, THE INQUIRY WAS JUST
BEGINNING. THE AUTOPSY SHOULD TELL THEM
SOMETHING. DID BUDDY McCUTCHEON TAKE HIS
OWN LIFE DID HOME INVADERS SHOOT HIM
DEAD, OR WAS IT SOMETHING ELSE ALTOGETHER
THE FIRST QUESTION WOULD BE EASY
THE SECOND TWO, NOT EASY AT ALL. >>> THE MYSTERIOUS DEATH OF A
MAN WHO LOVED LIFE WHEN WE COME BACK.
>> BUDDY GOT THEM INVOLVED IN DIFFERENT SOCIAL GROUPS.
HE GOT THEM INVOLVED IN THE CIVIL WAR REENACTMENTS
HE DECIDED TO TAKE UP SAILING. DECIDED TO LEARN TO FLY A PLANE.
>> SO WHAT HAD HAPPENED IN THAT HOUSE?
>> I IMMEDIATELY HAD A MENTAL PICTURE OF GUYS WITH GUNS BREAK
DOWN THE FRONT DOOR, COME IN, BE *
>> Reporter: BUDDY McCUTCHEON'S WHOLE FAMILY WAS IN A STATE OF
SHOCK. BUDDY HAD BEEN SOMETHING OF A
PATRIARCH AMONG THE SIBLINGS AND THIS
IT WAS ALMOST TOO MUCH TO TAKE IN
>> I IMMEDIATELY HAD A MENTAL PICTURE OF GUYS WITH GUNS BREAK
DOWN THE FRONT DOOR, COME IN, BE VIOLENT.
SO MY NEXT QUESTION WAS, "IS BRENDA OKAY?
>> Reporter: BRENDA WAS PHYSICALLY OKAY.
BUT IN ONE AWFUL SECOND, HER HUSBAND OF OVER 30 YEARS WAS
TAKEN AND LIFE AS SHE HAD KNOWN IT WAS OVER.
WHEN SHE MET HIM HE WAS, TO SAY THE LEAST, AN ELIGIBLE YOUNG
MAN. >> THEY WERE BOTH WORKING AT THE
SAME HOSPITAL. SHE WAS A NURSE AND HE WAS A
YOUNG DOCTOR, SINGLE, GOOD LOOKING WITH THOSE DIMPLES HE
HAD, THAT JET BLACK HAIR BEFORE TOO LONG, THEY WERE
LIVING TOGETHER. AND AFTER A FEW YEARS, THEY WERE
MARRIED. >> Reporter: A TRADITIONAL
SCOTTISH WEDDING, IN FACT. KILTS AND BAGPIPES
BUDDY'S IDEA, NATURALLY. DID IT SEEM FROM THE BEGINNING
LIKE, OKAY, THIS IS A MATCH MADE IN HEAVEN?
>> I THOUGHT IT WAS MORE LIKE A CASE OF OPPOSITES THAT MUST'VE
ATTRACTED. BUDDY WAS MORE OF A RESERVED
PERSON HE WOULDN'T USE A LOT OF WORDS
WHEN A FEW WORDS WOULD DO. >> Reporter: I'LL BE
>> BUT BRENDA WAS VERY CHATTY AND SOLICITOUS AND, "WHAT CAN I
DO FOR YOU?" BUT THEY SEEM TO COMPLIMENT EACH
OTHER AND SEEM TO GET ALONG GREAT.
THEY LOVE EACH OTHER THEY'RE HAPPY TOGETHER
>> Reporter: BRENDA WAS A TRUE SOUTHERN BELLE
BORN IN MEMPHIS AND GREW UP IN TENNESSEE.
>> MY BROTHERS LOVED HER I DON'T THINK IT'S -- IT'S AN
EXAGGERATION TO SAY THEY LOVED HER.
THEY EVEN ADORED HER >> SHE WAS VERY CARING AND A
VERY -- SO SWEET SHE WAS A WONDERFUL WIFE
>> Reporter: AND LOYAL WHEN BUDDY WANTED TO MOVE OR TRY
SOMETHING NEW, SHE WAS GAME. >> BUDDY GOT THEM INVOLVED IN
DIFFERENT SOCIAL GROUPS. HE GOT THEM INVOLVED IN THE
CIVIL WAR REENACTMENTS AND SHE KIND OF TAGGED ALONG WITH THAT
HE DECIDED TO TAKE UP SAILING. AND HE WAS THE ONE THAT DECIDED
TO LEARN TO FLY A PLANE. AND SO BRENDA WENT ALONG WITH
HIM WHILE HE FLEW A PLANE. >> Reporter: BRENDA WENT ALONG,
TOO, WHEN BUDDY LATER OPENED HIS OWN MEDICAL PRACTICE CALLED
COSMETIC SURGERY OF ASHEVILLE. INSTEAD OF CONTINUING HER
NURSING CAREER FULL TIME, BRENDA EVENTUALLY BECAME THE OFFICE
MANAGER, FREEING BUDDY UP TO FOCUS ON DOING THE SURGERIES
>> BUDDY WAS METICULOUS. AND I GUESS YOU NEED THAT IN A
PLASTIC SURGEON. >> Reporter: DID HE LIVE WELL?
DID HE LIVE AN EXPENSIVE LIFESTYLE?
>> YOU KNOW, APPEARANCES WERE IMPORTANT TO BUDDY
BUT HE WOULD BE MORE LIKELY TO PULL UP IN HIS TOYOTA AND GET
OUT OF THE TOYOTA WEARING BLUE JEANS.
>> Reporter: THEY NEVER HAD KIDS
BUT THEY HAD EACH OTHER. AND THEIR DOG.
AND A FINE HOUSE CLOSE ENOUGH TO NATURE THAT
BEARS SOMETIMES WANDERED INTO THEIR YARD
>> TEAR THAT BIRD FEEDER UP. >> THAT'S WHAT IT'S FOR.
>> Reporter: SO LIFE IN ASHEVILLE WAS GOOD
>> WE MUST HAVE BEEN DOING SOMETHING RIGHT.
>> HE WAS EXCELLENT. HE WAS A GREAT DOCTOR.
>> Reporter: SCOTT LUNSFORD WAS BUDDY'S BEST FRIEND GROWING UP
>> HE HAD A GREAT MIND, REALLY SHARP, REALLY QUICK.
I HEARD HIS BROTHER SAY HE MADE STRAIGHT "A's" ALL THE TIME.
>> Reporter: DID HE TALK ABOUT WHY HE WANTED TO BE A PLASTIC
SURGEON? >> I KNOW THAT HE WORKED ON
PEOPLE THAT HAD BECOME DISFIGURED BY CRASHES.
AND SO I THINK THAT TUGGED AT HIS EMPATHY GENE
AND I THINK HE LIKED MAKING THINGS BEAUTIFUL
>> Reporter: BUDDY ALSO LIKED -- LOVED -- MAKING MUSIC.
THAT WAS HIS TRUE PASSION. >> HE STARTED PLAYING GUITAR
WHEN HE WAS PROBABLY 7 OR 8, AND HE TAUGHT HIMSELF.
BY THE TIME IN HIGH SCHOOL, HE'D BEEN IN A BAND
>> Reporter: WITH SCOTT LUNSFORD
BEGINNING WITH A VERY SUCCESSFUL LOCAL ARKANSAS BASED BAND CALLED
THE VISCOUNTS. >> WE DID ALL THE LOCAL GIGS,
THE DEDICATION OF THE OPENING OF MONTGOMERY WARD OR SPAGHETTI
DINNER DANCES, EVEN IN THE BASEMENT OF CHURCHES
WE LOVED PLAYING >> Reporter: REALLY MADE YOU THE
COOLEST GUYS IN THE ROOM RIGHT?
[ LAUGHTER ] WE WERE POPULAR.
I CAN SAY THAT, YEAH >> Reporter: BUDDY, WITH HIS
LONG ROCK STAR HAIR AND '60s THREADS, PLAYED THE GUITAR
AND WAS THE UNQUESTIONED LEADER OF THE GROUP.
>> BUDDY HAD AN EAR. HE COULD PICK OUT ANY MELODY,
ANY CHORD. HE COULD SCORE THE CHORD CHANGES
FOR US ALL >> Reporter: COULD HE HAVE BEEN
A PROFESSIONAL MUSICIAN IF HE WANTED TO?
>> OH, YEAH. THERE'S NO QUESTION.
AND HE HAS SAID THAT HE WAS USING HIS MEDICAL CAREER TO PAY
FOR HIS MUSIC CAREER AND EVENTUALLY HAD SET UP A STUDIO
>> Reporter: BUT NOW BUDDY'S STUDIO WAS SILENT.
HE'D MAKE MUSIC NO MORE. >> YOU CAN'T REALLY GRASP THAT
HE'S GONE. IT'S A GREAT LOSS.
IT WAS A GREAT LOSS. >> Reporter: AS THE AFTERNOON
HEAT BEGAN TO SET IN, INVESTIGATORS COMPLETED THEIR
INITIAL SEARCH OF BUDDY AND BRENDA'S PLACE
BUT THE CLUES THAT MIGHT TELL THEM WHAT HAPPENED REMAINED
HIDDEN IN PLAIN SIGHT. >>> COMING UP --
>> HE'S BEEN EVERYTHING TO ME. WE WERE GOING TO GROW OLD
TOGETHER >> BRENDA HAS A THEORY ABOUT
WHAT HAPPENED AND WHO MIGHT HAVE KILLED BUDDY
>> NOBODY THAT HAS EVER COME INTO OUR HOUSE WOULD WANT TO
KILL MY HUSBAND. I MEAN, YOU KNOW, MAYBE IT WAS,
>>> I DON'T SEE ANYTHING BEHIND YOU.
SEE NOTHING IN THE CARPET. >> Reporter: IN THE DIM LIGHT
CAST BY BUDDY McCUTCHEON'S TV, NOTHING WAS OBVIOUS NOT RIGHT
AWAY FIRST RESPONDERS SIMPLY SAW A
MAN LYING ON HIS SIDE FACING THE BACK OF HIS LIVING ROOM COUCH.
THERE WAS A SINGLE GUNSHOT WOUND TO HIS HEAD, AND AROUND HIM,
NOTHING SEEMED DISTURBED SO SUICIDE
SADLY, IT HAPPENS, EVEN AMONG THE OUTWARDLY SUCCESSFUL
AND THEN A CLOSER LOOK AND LISTEN TO WHAT THEY'RE
SAYING, PICKED UP BY THEIR BODYCAMS
>> THE PROJECTILES HAD TO GO SOMEWHERE.
>> THE GUN HAD TO GO SOMEWHERE >> Reporter: "THE GUN HAD TO GO
SOMEWHERE. IF BUDDY HAD SHOT HIMSELF,
WOULDN'T THE GUN STILL BE IN OR CLOSE TO HIS HAND?
IT HAD TO BE SOMEWHERE IT JUST WASN'T HERE.
BESIDES, THE ENTRY WOUND WAS IN THE TOP REAR OF BUDDY'S SKULL.
HARD FOR A MAN TO REACH WHILE LYING ON THE COUCH
SO OPTION NUMBER TWO, HOMICIDE WHICH IS WHAT BRENDA McCUTCHEON
THOUGHT IT MUST BE AN INTRUDER MUST HAVE SHOT
BUDDY. >> SHE SAID THAT SOMEBODY HAD
CAME IN IS WHAT SHE TOLD ME. >> SHE WAS A LITTLE BIT FRANTIC
ORIGINALLY WASN'T SURE IF THERE WAS
SOMEBODY INSIDE THE RESIDENCE. THE DEPUTY WENT INSIDE AND BEGAN
CLEARING THE RESIDENCE TO ENSURE THAT NOBODY ELSE WAS INSIDE
THERE. >> Reporter: BRENDA, MEANWHILE,
STAYED OUTSIDE, WAITING TO TALK TO DETECTIVES.
>> THE THING I DISTINCTIVELY REMEMBER ABOUT HER, SHE WAS
BAREFOOT SHE HAD LEFT THE RESIDENCE
BAREFOOTED >> Reporter: WAS STILL WEARING
HER NIGHT CLOTHES. >> I THINK WE OUGHT TO DO A GSR
ON HER IF SHE -- IF SHE'S WILLING TO DO ONE.
>> Reporter: GSR, GUNSHOT RESIDUE, SOMETHING THAT CAN BE
DETECTED SO BRENDA WILLINGLY COOPERATED
AS THEY SWABBED HER HANDS. THAT'S JUST A NORMAL ROUTINE
THING TO DO, RIGHT >> YES
THEN IT'S PACKAGED UP. AND THAT WILL GO TO THE CRIME
LAB TO BE ANALYZED >> Reporter: MEANWHILE, THE
DETECTIVES HAD TO KNOW WHAT, IF ANYTHING, BRENDA KNEW ABOUT WHAT
HAPPENED SHE WAS CLEARLY UPSET, BUT
READILY AGREED TO GO TO THE SHERRIFF'S DEPARTMENT TO ANSWER
QUESTIONS, WHATEVER QUESTIONS SHE COULD.
>> I APPRECIATE YOU AGREEING TO COME DOWN HERE WITH US AND TALK
WITH US AND SEE IF WE CAN KIND OF BRING SOME RESOLUTION
WHAT'S YOUR FULL NAME? >> BRENDA KAY, K-A-Y
>> BRENDA KAY? >> McCUTCHEON, M-C -
>> Reporter: BRENDA RECOUNTED WHAT HAPPENED IN THE FINAL HOURS
OF BUDDY'S LIFE. >> I GUESS ABOUT 7:30, I WENT TO
SUBWAY SANDWICH AND GOT US A SUB SANDWICH
>> CAME BACK HOME? >> CAME BACK HOME.
ATE, WATCHED A LITTLE TV BUDDY GOT ON THE COMPUTER FOR A
LITTLE WHILE I DON'T KNOW WHAT HE WAS DOING,
FACEBOOK OR SOMETHING. HE'S BEEN POSTING -- WE HAD A
BEAR IN OUR BACKYARD A COUPLE OF NIGHTS AGO
>> Reporter: THEN A LITTLE AFTER 9:00 P.M., SAID BRENDA, SHE WENT
UPSTAIRS TO BED, WHILE BUDDY LAY DOWN ON THE COUCH.
>> YOU NORMALLY THINK OF A HUSBAND AND WIFE SLEEPING
TOGETHER IN THE SAME ROO OR PERHAPS, YOU KNOW, THEY HAD
DIFFICULTY SLEEPING TOGETHER >> Reporter: WHICH WAS CERTAINLY
TRUE OF BUDDY AND BRENDA HE'D TAKEN TO SLEEPING ON THE
COUCH DURING HIS DAYS AS AN ON-CALL MEDICAL RESIDENT
THEY JUST GOT USED TO IT >> I KNOW THAT SOUNDS REALLY
WEIRD. BUT THE REASON FOR IT IS, HE
CAN'T SLEEP WITHOUT A TV AND I CAN'T SLEEP WITH THE TV.
>> Reporter: ANYWAY, THEY TUCKED INTO THEIR RESPECTIVE PLACES
BRENDA, UPSTAIRS IN THE BEDROOM, FELL ASLEEP.
AND THEN SUDDENLY A FEW HOURS BEFORE DAWN --
>> SOMETHING WOKE ME UP -- REALLY LOUD.
>> YOU STAYED ASLEEP AND YOU WERE AWAKENED BY A LOUD NOISE?
>> YEAH. AND I THOUGHT -- I TRULY THOUGHT
IT WAS THUNDER THAT -- WE'VE BEEN HAVING SOME
REALLY BAD THUNDERSTORMS >> Reporter: BUT IT WASN'T
RAINING. SO BRENDA SAID SHE WENT
DOWNSTAIRS TO SEE WHAT HAPPENED. MAYBE A PICTURE FELL OFF THE
WALL OR SOMETHING? BUT THAT WASN'T IT
IT WAS HER NOSE THAT TOLD HER FIRST.
>> I COULD SMELL THAT SMELL -- THAT I KNOW WHAT GUNPOWDER
SMELLS LIKE FROM CIVIL WAR REENACTING
SO I WENT OVER TO HIM AND SAID HIS NAME
I DIDN'T TOUCH HIM, THOUGH AND I LOOKED AT HIM, AND HE
WASN'T BREATHING >> Reporter: BUT BRENDA KNEW
THERE WAS NO POINT IN TRYING TO REVIVE HIM
SHE KNEW VERY WELL WHAT DEATH LOOKED LIKE.
>> I'VE BEEN A NURSE FOR -- SINCE 1975, AND I LOST IT.
I -- I -- I FLEW OUT THE FRONT DOOR, WHICH WAS LOCKED
IT WAS LOCKED. AND WENT TO MY NEIGHBOR.
>> Reporter: NEIGHBOR DIDN'T ANSWER
SO BRENDA RAN BACK INTO THE HOUSE AND GRABBED THE PHONE AND
RUSHED OUT AND CALLED 911 FROM THE STREET
>> MY HUSBAND'S BEEN SHOT. >> OKAY.
WHO SHOT HIM >> I DON'T KNOW.
>> Reporter: NOW, A FEW HOURS LATER, SITTING IN THAT POLICE
INTERVIEW ROOM, BRENDA FINALLY HAD A CHANCE TO REFLECT ON WHAT
HAPPENED AND WHO COULD HAVE KILLED BUDDY
>> WHY WOULD ANYBODY -- NOBODY THAT HAS EVER COME INTO OUR
HOUSE WOULD WANT TO KILL MY HUSBAND.
I MEAN, YOU KNOW, THE -- MAYBE IT WAS -- I DON'T KNOW, A JUNKIE
WANTING SOMETHING. I DON'T KNOW
>> Reporter: A JUNKIE? AN INTRUDER?
PERHAPS SOMEONE WHO ACTUALLY KNEW THE McCUTCHEONS
BUT BUDDY HAD NO KNOWN ENEMIES HE WAS ADMIRED
PEOPLE LIKED HIM LOVED HIM.
MOST ESPECIALLY BRENDA >> HE'S BEEN EVERYTHING TO ME.
WE WERE GOING TO GROW OLD TOGETHER
WE WERE GONNA RETIRE WE WERE GONNA SIT ON THE FRONT
PORCH IN THE ROCKING CHAIR >> Reporter: BUT THAT WOULD
NEVER HAPPEN NOW IN ONE SPLIT SECOND, THAT LIFE
WAS YANKED AWAY. AS BRENDA AND THE DETECTIVES
STRUGGLED TO UNDERSTAND, A MESSAGE CAME IN FROM THE
McCUTCHEON HOUSE A CLUE HAD TURNED UP
WEIRD. AMBIGUOUS.
MAYBE IMPORTANT. >>> COMING UP --
>> DIDN'T TOUCH A GUN, DIDN'T FIRE A GUN
>> DIDN'T FIRE A GUN >> DIDN'T SHOOT YOUR HUSBAND
>> NO! >> QUESTIONS THAT HAVE TO BE
ASKED, LEAVING BRENDA DEMANDING ANSWERS.
>> I'M TELLING YOU THE TRUTH THAT HAPPENED TO ME.
I'M HOPING YOU CAN FIND THE TRUTH THAT HAPPENED TO HIM AND
GET ME SOME CLOSURE BECAUSE I'M >> Reporter: AS THE HOURS PASSED
ON THAT FIRST TERRIBLE DAY, BRENDA McCUTCHEON WORKED WITH
DETECTIVES DOWNTOWN AND TRIED TO PROCESS SUDDEN WIDOWHOOD
AND SHE REFLECTED ON THOSE FIRST MOMENTS AFTER DISCOVERING BUDDY
WAS DEAD >> AT THAT POINT, ALSO SCARED.
>> MM-HMM. >> I DIDN'T KNOW IF SOMEBODY WAS
IN THE HOUSE >> Reporter: INVESTIGATORS
SEARCHED INSIDE AND OUTSIDE THE McCUTCHEON HOUSE AND FOUND NO
ONE. BUT THEY DID UNCOVER A FEW
POSSIBLE CLUES A BACK GATE WAS OPEN
AN EXTERIOR DOOR NEAR BUDDY'S COUCH WAS AJAR
SO INTRUDER? NO
THERE WAS NO SIGN OF A ROBBERY THAT POINT THEY CHECKED WITH
BRENDA >> DID YOU SEE THAT -- AS IF
SOMETHING HAD BEEN TAKEN LIKE, UM -- SOMETHING LIKE, YOU
KNOW, THEY HAD RUMMAGED THROUGH ANYTHING, THAT THEY MIGHT HAVE
BROKE IN >> I DID NOT NOTICE.
I TRULY DIDN'T NOTICE ANYTHING >> Reporter: BRENDA DID SAY
BUDDY KEPT GUNS, SOME LOADED, AROUND THE HOUSE
ONE OF THEM A SILVER-COLORED .38-CALIBER PISTOL
OFFICERS FOUND THE GUNS. PLENTY OF AMMO, TOO.
FOUND THEM ALL EXCEPT THE PISTOL
>> ONE OF THE LAST TIMES SHE HAD SEEN THE FIREARM, SHE THOUGHT IT
WAS IN A KITCHEN DRAWER. AND ONE OF THE THINGS THAT WAS
KIND OF ODD ABOUT IT WAS THE DRAWER WAS SO FULL OF HOUSEHOLD
ITEMS, IT DIDN'T APPEAR LIKE THE GUN WOULD FIT IN THERE
>> Reporter: ANYWAY, IT WAS MISSING, OR MAYBE BUDDY HAD
MOVED IT THE INTERVIEW STRETCHED WELL
INTO THE MORNING QUESTION AFTER QUESTION.
>> I DO NOT TRULY BELIEVE ANYONE WOULD WANT TO HURT HIM.
HE WAS FACING THE BACK OF THE COUCH.
I'M TRYING TO THINK IF -- IF I SAW ANYTHING
HE WAS SHOT RIGHT HERE. >> Reporter: AS BRENDA KEPT
TALKING, NEWS CAME FROM AN INVESTIGATOR AT THE HOUSE.
THEY FOUND THE GUN AND WHERE THEY FOUND IT WAS --
WELL, IT WAS CURIOUS >> IT WAS FOUND ALONG, LIKE, A
LITTLE, SMALL PATH A BREAK IN SOME IVY THAT WENT IN
BETWEEN HER RESIDENCE AND HER NEIGHBOR'S RESIDENCE WHERE SHE
RAN. >> Reporter: AND SOON AFTER,
COPS AT THE HOUSE FOUND A RECEIPT THAT MATCHED THE GUN,
CONFIRMING IT BELONGED TO BUDDY. DETECTIVES COULDN'T WAIT TO TELL
BRENDA THE NEWS. >> WHAT WE'VE LOCATED IS ONE OF
THE GUNS THAT YOU'VE DESCRIBED >> OKAY.
GOOD WHO HAD IT
>> NOT WITH ANYBODY. IT WAS FOUND OUTSIDE THE
RESIDENCE. >> IT'S FOUND ON THE CURTILAGE
OF THE RESIDENCE, BUT NOT IN THE HOUSE.
>> OKAY. >> AND THAT'S WHAT I'M ASKING
YOU. I'M -- I WANT YOU TO WALK ME
THROUGH IN YOUR MIND HOW THAT MIGHT HAVE GOTTEN THERE.
>> YOU'RE THE DETECTIVE. >> I AM.
>> YOU KNOW, IF SOMEBODY SHOT HIM AND RAN OUT OF THE HOUSE AND
THREW IT AWAY? I DON'T KNOW
>> Reporter: THING WAS, THE DETECTIVES WERE AWARE OF CASES
WHERE A FAMILY MEMBER, TRYING TO PROTECT REPUTATIONS, HIDES THE
SUICIDE GUN. >> WE ASKED MISS McCUTCHEON IF
THERE WAS ANY POSSIBILITY DR. McCUTCHEON MIGHT'VE
COMMITTED SUICIDE AND SHE MOVED THE WEAPON
>> Reporter: BUT SHE WAS ADAMANT?
>> SHE WAS ADAMANT SHE DID NOT MOVE THE WEAPON.
>> HE NEVER WOULD'VE KILLED HIMSELF.
>> I DIDN'T MOVE A WEAPON. I DIDN'T MOVE A GUN.
I DIDN'T PICK ANY -- >> DIDN'T TOUCH A GUN?
DIDN'T FIRE A GUN? >> DIDN'T FIRE A GUN
DIDN'T - >> DIDN'T SHOOT YOUR HUSBAND
>> NO! NO
HE WAS EVERYTHING TO ME.
>> YEAH. >> AND HAS BEEN FOR ALMOST ALL
MY ADULT LIFE. >> Reporter: IT WAS A STANDARD
QUESTION, THOUGH IT ALWAYS SOUNDS LIKE AN ACCUSATION, AND
LOVED ONES SOMETIMES DON'T TAKE IT SO WELL
>> I'M TELLING YOU THE TRUTH THAT HAPPENED TO ME.
>> OKAY. >> I DO NOT KNOW THE TRUTH THAT
HAPPENED TO HIM. >> I UNDERSTAND.
>> I'M HOPING YOU CAN FIND THE TRUTH THAT HAPPENED TO HIM
>> OKAY. >> AND GET ME SOME CLOSURE
BECAUSE I'M STARTING TO GET REALLY MAD
>> DON'T -- DON'T GET UPSET, BRENDA
LET ME ASK YOU THIS. >> I CAN'T HELP IT
>> Reporter: THEY TOOK A BREAK AND AFTER --
>> HEY, BRENDA >> HOW ARE YOU
>> I'M GOOD. >> Reporter: ANOTHER COP
CONTINUED THE INTERVIEW. >> SO YOU AND BUDDY'S
RELATIONSHIP IS GOOD UH, IF ANYBODY SAID OTHERWISE,
THEY'D BE LYING? >> YES, THEY WOULD BE.
>> NOBODY'S EVER SEEN YOU FUSS, ARGUE, OR ANYTHING LIKE THAT
>> NO. WE HAVE OUR DISAGREEMENTS, BUT
WE TALK ABOUT IT WE DON'T SPIT -- SPAT AT EACH
OTHER, YOU KNOW. WE'RE -- WE'VE BEEN TOGETHER
35 YEARS, SO OF COURSE WE'RE GONNA HAVE SOME DISAGREEMENTS
ONCE IN A WHILE. BUT IT'S A GOOD RELATIONSHIP
>> Reporter: APPARENTLY DEVOTED TO EACH OTHER.
>> EVERYTHING WAS FINE BETWEEN THE TWO.
YOU KNOW, THEY WERE STILL INTIMATE WITH ONE ANOTHER.
>> Reporter: AND TOGETHER 24/7 THEY WORKED TOGETHER EVERY DAY
AT THE CLINIC. SO MAYBE SHE KNEW ABOUT THIS
>> WHILE WE WERE THERE AT YOUR HOUSE, I THINK THERE WERE SOME
DOCUMENTS THERE AND SOME INFORMATION THAT HAD COME TO
LIGHT THAT THERE -- IS IT THE IRS?
>> UH, NO. THE STATE --
>> THE STATE >> -- DEPARTMENT OF REVENUE.
>> Reporter: THE NORTH CAROLINA DEPARTMENT OF REVENUE WAS
SEEKING FINANCIAL STATEMENTS FROM BUDDY AND BRENDA'S MEDICAL
PRACTICE "OH, YES," SHE SAID.
SHE KNEW ABOUT THAT. >> THEY SAID, "YOU NEED TO GET
DOCUMENTS. HERE'S THE DATE THEY NEED TO BE
THERE. IT WAS W-2s, 1099s, CHECK STUBS,
WITHHOLDING, FILINGS >> Reporter: WASN'T A BIG DEAL
THEY WERE SORTING IT OUT SO AFTER THAT LONG, GRUELING
INTERVIEW, DETECTIVES WERE DON EXCEPT FOR A FEW ROUTINE
PROCEDURES >> THERE WERE PHOTOGRAPHS TAKEN
OF HER BODY TO MAKE SURE THERE'S NO INJURIES OR ANYTHING THAT'S
VISIBLE. DNA SWABS TAKEN.
AND THE CLOTHES WERE ACTUALLY SUBMITTED TO THE CRIME LAB AND
TESTED FOR GUNSHOT RESIDUE >> Reporter: BRENDA WAS TAKEN
HOME AND DECIDED TO STAY AT THE NEIGHBOR'S FOR THE NIGHT, AFRAID
OF THAT BIG EMPTY HOUSE. IT HAD BEEN A WHIRLWIND 15 HOURS
FOR BOTH BRENDA AND THE DETECTIVES
AND THEY WERE JUST GETTING STARTED.
>>> COMING UP -- IS BRENDA IN THE CLEAR
>> SHE DIDN'T HAVE GUNSHOT RESIDUE ON HER HANDS
>> WE ARRANGED TO POLYGRAPH HER ON THE QUESTION OF WHETHER SHE
HAD SHOT HER >>> WE DECIDED -- I GUESS HE
JUST DECIDED WE WERE GONNA DO SOMETHING FOR FUN.
>> Reporter: BUDDY McCUTCHEON NEVER LIKED BEING THE CENTER OF
ATTENTION. QUIET, HUMBLE, UNDERSTATED
BUT NOW, IN DEATH, HE WAS SUDDENLY BIG NEWS ALL OVER TOWN.
>> DR. BUDDY McCUTCHEON -- >> -- WAS FOUND GUNNED DOWN.
>> BUDDY McCUTCHEON'S DEATH REMAINS A MYSTERY.
>> FROM THE BEGINNING, DETECTIVES HAD TO CONSIDER ALL
THE POSSIBILITIES, ACCIDENT, SUICIDE, OR MURDER
WHEN THE AUTOPSY WAS COMPLETE, THERE COULD NO LONGER BE ANY
DOUBT. BUDDY DID NOT TAKE HIS OWN LIFE.
>> THERE WAS NO WAY THIS WAS AN ACCIDENTAL
AND ACCORDING TO THE AUTOPSY, IT COULD NOT HAVE BEEN
SELF-INFLICTED >> Reporter: MURDERED IN HIS OWN
HOME WITH HIS VERY OWN GUN AND MORE THAN THAT, WHOEVER
KILLED HIM MADE ABSOLUTELY SURE OF IT.
THE DOCTOR WAS SHOT IN THE TOP OF HIS HEAD.
SOMEBODY WANTED BUDDY McCUTCHEON DEAD IN THE WORST POSSIBLE WAY
THERE WAS NO AMBIGUITY ABOUT IT. >> IT WAS A HOMICIDE AND RULED A
HOMICIDE >> Reporter: WORD THAT BUDDY HAD
ACTUALLY BEEN EXECUTED TRAVELED FAST TO FAYETTEVILLE, WHERE
BUDDY'S FAMILY AND FRIENDS, ALREADY REELING, NOW HAD TO
ABSORB THIS. >> IT WAS BRUTAL
>> COLD-BLOODED. >> I CAN'T IMAGINE WHO WOULD
HAVE EVER BEEN MAD AT BUDDY ENOUGH TO DO THAT.
I COULDN'T IMAGINE WHAT HE COULD HAVE DONE THAT WOULD HAVE
THREATENED SOMEONE TO THAT LEVEL THAT THEY FELT LIKE THEY NEEDED
TO GET RID OF BUDDY TO BE SAFE THAT -- IT JUST DIDN'T EQUATE TO
ME >> Reporter: AND BAD ENOUGH HE'S
DEAD BUT TO HEAR THAT HE WAS
MURDERED VIOLENTLY >> YEAH, I KNEW THAT IT WAS A
GUNSHOT TO THE HEAD. WHAT A WASTE
WHAT A HORRIBLE LOSS >> Reporter: SO NOW A KILLER
REALLY WAS ON THE LOOSE IN ASHEVILLE.
AND BUDDY'S FAMILY DIDN'T THINK BRENDA SHOULD BE LIVING IN THAT
BIG EMPTY HOUSE ALL BY HERSELF WERE YOU WORRIED ABOUT HER, TOO?
UH, LIKE, IF THIS WAS A HOME INVASION -
>> I WAS I TOLD HER SHE SHOULD COME HERE.
AND SHE SAID, "NO, I'M GONNA STAY."
>> Reporter: SO AFTER THAT LONG NIGHT WHEN HER HUSBAND WAS
KILLED AND THE EXHAUSTING ROUND OF INTERVIEWS THAT FOLLOWED,
BRENDA GOT WHAT REST SHE COULD AND THEN, WELL, THERE WERE
ISSUES TO DEAL WITH AT WORK. A STAFF TO INFORM, AN OFFICE TO
CLOSE, A PLASTIC SURGERY BUSINESS TO SHUT DOWN.
SHE RETURNED TO WORK HAD TO
AND KNOWING THERE'D BE MORE QUESTIONS ABOUT BUDDY'S DEATH,
SHE HAD ASKED HIS AND HER ATTORNEY, SEAN DEVEREUX, TO
REPRESENT HER. BECAUSE ISN'T THE SPOUSE ALWAYS
A PERSON OF INTEREST ATTORNEY DEVEREUX, TO QUICKLY
DISPEL ANY DOUBT ABOUT HER INNOCENCE, HAD AN IDEA
>> WE ARRANGED FOR A RETIRED FEDERAL BUREAU OF INVESTIGATION
POLYGRAPH EXAMINER TO POLYGRAPH HER ON THE QUESTION OF WHETHER
SHE HAD SHOT HER HUSBAND SHE PASSED
THE NEEDLE NEVER FLICKERED ON THE -- ON THE MACHINE.
>> Reporter: IF THAT WASN'T ENOUGH, THOSE GUNSHOT RESIDUE
TESTS ALSO HAD A LOT TO SAY. REMEMBER, BRENDA'S HANDS WERE
SWABBED RIGHT AFTER BUDDY DIED AND --
>> SHE DIDN'T HAVE GUNSHOT RESIDUE ON HER HANDS
>> Reporter: MEANING NO EVIDENCE SHE FIRED A GUN.
AT LEAST NO EVIDENCE ON HER HANDS.
AS FOR HER CLOTHES - >> THERE WAS A TRACE AMOUNT OF
GUNSHOT RESIDUE ON THE CLOTHING, WHICH REALLY DIDN'T MEAN MUCH.
LOTS OF WAYS THAT LITTLE BIT COULD GET ON THE CLOTHES OF A
WOMAN BENDING OVER A HUSBAND WHO'D JUST BEEN SHOT TO DEATH.
>> THERE COULD BE SECONDARY TRANSFERS.
SHE COULD'VE TOUCHED SOMETHING, OR PARTICLES IN THE AIR, WHEN
SHE ENTERED THE ROOM SO THERE ARE A LOT OF DIFFEREN
EXPLANATIONS ON HOW THE GUNSHOT RESIDUE MIGHT'VE ARRIVED ON HER
CLOTHING >> Reporter: SO WITH NO REAL
EVIDENCE CONNECTING BRENDA TO THE CRIME, DETECTIVES MOVED ON,
KEPT DIGGING, CHECKING EVERY LEAD WHILE LOOKING FOR A PATTERN
OR PROFILE OF THAT POSSIBLE INTRUDER WHO MAY HAVE MURDERED
BUDDY. >> WE FOLLOWED UP WITH THE
REPORTED CRIMES WITHIN THE COMMUNITY IN THE AREA.
BREAKING AND ENTERINGS OR ANY OTHER TYPE CRIME IN CLOSE
VICINITY TO THE RESIDENCE. THOSE PEOPLE WERE SOUGHT OUT AND
INTERVIEWED. >> Reporter: YEAH.
>> IT'S A PROCESS OF ELIMINATION.
>> Reporter: YOU CHECKED, I'M SURE, TO SEE IF HE HAD ANY OTHER
ENEMIES. ANYBODY?
>> NO, SIR >> NO.
>> Reporter: MURDER MAKES A TERRIBLE WOUND IN A FAMILY
AND IN BUDDY'S FAMILY, ALONG WITH THE PAIN, A GREAT YAWNING
ABSENCE OF ANY INFORMATION AT ALL.
>> WE'VE ALL BEEN LEFT BEWILDERED AND TRYING TO MAKE
SENSE OF SOMETHING THAT YOU CAN'T MAKE SENSE OUT OF.
IT'S LIKE A BAD KAFKA SHORT STORY.
I BEGAN TO FEEL DISMAYED I BEGAN TO THINK THIS WAS GONNA
BE ONE OF THOSE CASES THAT THEY NEVER GET AN ANSWER FOR.
>> Reporter: MIND YOU, THINGS WERE HAPPENING
WHETHER THEY MADE SENSE OR NOT WAS ANOTHER QUESTION
>>> COMING UP -- A SUDDEN SALE AT THE DOCTOR'S
OFFICE >> THEY WERE SELLING EVERYTHING
DOWN TO, LIKE, GAUZE BANDAGES. ALL THE EQUIPMENT WAS ALL BEING
>> Reporter: A FEW DAYS AFTER BUDDY McCUTCHEON WAS MURDERED,
THE INVESTIGATION SHIFTED FROM HIS HOUSE TO HIS OFFICE AS
DETECTIVES WALT THROWER AND JOHN LEDFORD SHOWED UP TO TALK
TO THE STAFF SEE IF THEY KNEW ANYTHING OR
ANYONE WHO COULD HAVE KILLED THEIR BOSS
PERHAPS A DISGRUNTLED PATIENT? THEY WANTED TO LOOK AT THE
PAPERWORK, TOO, FOR ANY POSSIBLE CLUES.
ALL NORMAL PARTS OF A HOMICIDE INVESTIGATION.
BRENDA HAD STEPPED OUT BUT SOON ARRIVED TO FINISH SOMETHING SHE
HAD STARTED. SOMETHING THAT, TO DETECTIVES,
AT LEAST, DID NOT SEEM NORMAL. >> SHE WAS ACTUALLY DISPOSING OF
RECORDS. SOME WERE BEING THROWN IN A
DUMPSTER THERE IN THE PARKING LOT OF THE COMPLEX
>> Reporter: JUST A COUPLE OF DAYS AFTER HIS DEATH
>> YEAH, THEY WERE SELLING BANDAGES
ALL THE EQUIPMENT WAS ALL BEING LIQUIDATED
>> Reporter: BRENDA WAS POLITE TO THE COPS AS SHE FACILITATED
THE LIQUIDATION SALE AND DISPOSED OF PATIENT RECORDS.
>> Reporter: DID YOU ASK HER ABOUT THESE THINGS
>> WE WERE THERE TO SEARCH THE, UH, BUSINESS
WE INQUIRED ABOUT SPEAKING WITH HER FURTHER.
SHE CONSULTED AN ATTORNEY. SHE WANTED THE ATTORNEY PRESENT.
AND THE ATTORNEY ASKED US TO DELAY OUR INTERVIEW WITH HER
>> Reporter: THAT, YOU'LL RECALL, WAS ATTORNEY
SEAN DEVEREUX. >> SHE CALLED ME BECAUSE THEY
WANTED SOME DOCUMENTS OR, YOU KNOW, WHATEVER IT WAS.
AND SHE WAS PERFECTLY HAPPY TO COOPERATE WITH 'EM
BUT SHE WASN'T CLEAR EXACTLY WHY THEY WERE ASKING THE QUESTIONS
THEY WERE ASKING >> Reporter: THEY SEEMED TO BE
SUSPICIOUS, SAID ATTORNEY DEVEREUX, ABOUT THE ABRUPT
OFFICE SALE AND THE DISPOSAL OF RECORDS AND CLOSING UP SHOP SO
QUICKLY AFTER THE MURDER BUT DEVEREUX POINTED OUT THAT
BRENDA HAD VERY GOOD REASONS FOR ALL THAT
>> SHE HAD A $13,000 A MONTH NUT BETWEEN HIS MEDICAL PRACTICE
THAT WAS SHUT DOWN AND THEIR MORTGAGE AND BILLS THAT THEY HAD
TO PAY SHE HAD TO DEAL WITH ALL THAT.
>> Reporter: THING WAS, BUDDY AND BRENDA'S BUSINESS WAS NOT
EXACTLY ROBUST >> HE SHARED WITH ME THAT, SINCE
THE RECESSION THAT HIT IN 2008, 2009, 2010, HALF OF HIS
BUSINESS, THE PURELY COSMETIC SIDE THAT PEOPLE PAY CASH FOR,
'CAUSE INSURANCE WON'T COVER, HAD DRIED UP BECAUSE OF THE
RECESSION. >> Reporter: EVEN IN 2016, THE
YEAR BUDDY WAS KILLED, FINANCES WERE TENUOUS
THERE WERE DEBTS WERE THE McCUTCHEONS' MONEY
PROBLEMS SOMEHOW RELATED TO HIS MURDER
THE MAN WAS NOT FLUSH. >> HE WASN'T BRINGING IN A LOT
OF INCOME. IT WAS VERY, VERY MODEST FOR A
PLASTIC SURGEON. SO I THINK HIS PASSION WAS BEING
A MUSICIAN AND THAT HE DID THE OTHER JUST TO PAY THE BILLS.
>> Reporter: AND REMEMBER, BRENDA'S SPECIALTY WAS NURSING,
NOT BEING A BUSINESS MANAGER BUT IT DID SEEM A LITTLE STRANGE
TO DETECTIVES THAT BRENDA WAS ALSO TOSSING OUT WHAT APPEARED
TO BE BUDDY'S PERSONAL STUFF >> HIS MEDICAL CERTIFICATES FROM
HIS GRADUATION FROM MEDICAL SCHOOL AND DIFFERENT THINGS LIKE
THAT THAT MIGHT HAVE BEEN ON THE WALL OF HIS OFFICE
ALL THAT WAS DISPOSED OF SO WE WERE ACTUALLY RETRIEVING
FILES OUT OF THE DUMPSTER AND, UH, SEIZED COMPUTERS
>> Reporter: SHE'D ALREADY THROWN AWAY?
>> THAT SHE'D ALREADY THROWN AWAY
>> Reporter: BUT THAT WASN'T ALL.
THERE WERE FILES IN AN OFF-SITE STORAGE UNIT, TOO.
>> WORK RECORDS, PATIENTS' FILES, LOT OF DIFFERENT
INFORMATION. >> YES, THIS IS BRENDA
McCUTCHEON, AND YOU GUYS ARE SCHEDULED, UH, TO DO SOME
SHREDDING FOR ME THIS COMING WEDNESDAY.
>> Reporter: IN FACT, BRENDA HAD BEEN CALLING AROUND TO HIRE A
SHREDDING COMPANY. >> SHE WAS VERY DETERMINED TO
LIQUIDATE HERSELF OF ANYTHING SURROUNDING THE BUSINESS OR
MR. McCUTCHEON IT'S JUST UNUSUAL BEHAVIOR
>> I WAS GONNA SEE IF I CAN ADD A SECOND FACILITY, UM, ONTO THAT
SHREDDING AS WELL IF YOU COULD GIVE ME A CALL BACK.
>> WE PREPARED A SEARCH WARRANT TO RECOVER ALL THOSE FILES
AND TAKE THEM IN AS EVIDENCE >> Reporter: AGAIN, SAID
ATTORNEY DEVEREUX, THERE WERE GOOD REASONS FOR BRENDA PULLING
ALL THOSE FILES OUT OF THE OFFICE
>> SHE WAS BESIEGED AT THAT MOMENT
HE WAS A SOLO PRACTITIONER AND SHE WAS THE DE FACTO OFFICE
MANAGER IN ADDITION TO BEING A PRACTICING NURSE HERSELF
SO WHAT SHE NEEDED TO DO WAS TO GET PATIENT CHARTS TO OTHER
DOCTORS OR TO PATIENTS >> Reporter: THE DETECTIVES SHUT
DOWN THE SALE, AND THEN THEY SPOKE TO BRENDA AND BUDDY'S
OFFICE STAFF WHO WERE THERE WATCHING IT ALL.
THE MURDER HAD HIT THEM HARD, AND SEEING WHAT BRENDA WAS GOING
THROUGH, THEY FELT FOR HER >> THE OFFICE WORKERS WERE
COOPERATIVE WITH US, PASSED INFORMATION TO THE
INVESTIGATION. >> Reporter: INFORMATION ABOUT
BUDDY AND BRENDA AND HOW THEY RAN THEIR BUSINESS
>> THEY DESCRIBE MISS McCUTCHEON AS ALMOST OBSESSIVE ABOUT ANYONE
COMING INTO THE OFFICE WITH ANY TYPE OF FINANCIAL RECORD
THEY COULD ONLY SPEAK WITH HER THEN YOU START TO TALK TO THE
ACCOUNTANT, AND YOU FIND OUT THAT ALL THE INTERACTIONS AS FAR
AS THE PREPARATION OF TAX INFORMATION, HE DEALT WITH
MISS McCUTCHEON. AND YOU START TO SEE A PATTERN
EVOLVE THAT, IN FACT, SHE TOOK CARE OF ALL THE FINANCES
>> Reporter: DID BUDDY HAVE ANYTHING TO DO WITH IT
DID HE EVEN KNOW ABOUT WHAT WAS GOING ON
>> THERE WAS NO INDICATION THAT DR. McCUTCHEON WAS INVOLVED IN
THE FINANCIAL BUSINESS OF THE OFFICE
HE DID THE SURGERIES, AND SHE WAS THE OFFICE MANAGER
>> Reporter: BUT THAT WASN'T THE ONLY STORY ABOUT MONEY
THERE WAS ANOTHER ONE, TOO RATHER MORE SERIOUS.
IN FACT, IT WAS CRIMINAL >>> COMING UP -- A VISIT FROM
THE TAX COLLECTOR IS NEVER GOOD. THIS WAS WORSE
>> IT HAD TO BE FAIRLY SIGNIFICANT TO GET THE CRIMINAL
DIVISION DEPARTMENT OF REVENUE >> DID THE VISIT HAVE ANY
CONNECTION TO BUDDY'S MURDER >> Reporter: THIS WOULD HAVE
COME AS A BIG SURPRISE TO HIM, AS A SHOCK
>> IT SEEMED TO BE >> MAYBE NOT SO MUCH TO
>> Reporter: THERE'S NOTHING FLASHY OR GLAMOROUS ABOUT THE
NORTH CAROLINA DEPARTMENT OF REVENUE OFFICE IN ASHEVILLE,
JUST A NONDESCRIPT RED BRICK BUILDING
AND THEIR MISSION STATEMENT, WHICH READS IN PART, "COLLECT
THE TAXES DUE," IS EVEN MORE MUNDANE.
BUT A FEW DAYS AFTER THE MURDER, DETECTIVES THROWER AND LEDFORD
DISCOVERED THE D.O.R. HAD BEEN HAVING A LITTLE PROBLEM
COLLECTING TAXES DUE FROM BUDDY McCUTCHEON'S MEDICAL
PRACTICE >> AGENTS HAD COME AND VISITED
DR. McCUTCHEON AND MIS McCUTCHEON AT THEIR PLACE OF
BUSINESS AND SERVED A SUMMONS ON THEM REQUESTING SOME TAX RECORDS
RELATED TO THE BUSINESS. >> Reporter: WHAT DID YOU THINK
ABOUT THAT WHEN YOU SAW THAT MATERIAL
>> THAT WAS CONCERNING >> Reporter: THE MORE THE
DETECTIVES LEARNED ABOUT THE MEETING BETWEEN THE THE
McCUTCHEONS AND THE DEPARTMENT OF REVENUE, THE MORE CONCERNED
THEY BECAME. >> WE WERE ABLE TO SPEAK WITH
ONE OF THEIR AGENTS. AND THAT'S WHEN THEY KIND OF
LAID THE FOUNDATION THAT THIS IS NOT SOMETHING THAT JUST CAME UP.
WE'VE BEEN INVOLVED WITH MISS McCUTCHEON ALMOST SINCE THE
BUSINESS HAS BEEN OPEN >> Reporter: IT TURNED OUT
COSMETIC SURGERY OF ASHEVILLE WAS A FEW YEARS BEHIND IN FILING
CORPORATE TAX RETURNS. BUT ACCORDING TO THE DEPARTMENT
OF REVENUE, THERE WAS EVIDENCE OF SOMETHING EVEN WORSE.
IT SEEMED THE BUSINESS HAD DEDUCTED PAYROLL TAXES FROM ITS
EMPLOYEES' PAYCHECKS BUT DID NOT SEND THAT MONEY ON TO THE STATE.
>> THEY HAD ACCOUNTANTS WHO WERE PREPARING TAX INFORMATION TO BE
TURNED IN TO THE DEPARTMENT OF REVENUE, BUT THERE WAS NO
INDICATION ANY PAYMENTS WERE EVER BEING MADE.
>> Reporter: THAT'S WHY THE D.O.R. ISSUED THIS SUMMONS
ORDERING BUDDY TO EXPLAIN WHY HIS PRACTICE DIDN'T PAY THE
STATE EMPLOYEE WITHHOLDING TAX TOTALED ABOUT $39,000.
NOT A HUGE SUM BUT IF TRUE, A SERIOUS CRIME
SO THIS WAS FRAUD ON A FAIRLY SIGNIFICANT SCALE?
>> IT HAD TO BE FAIRLY SIGNIFICANT TO GET THE CRIMINAL
DIVISION DEPARTMENT OF REVENUE >> THEY WERE ACTUALLY, UH,
CRIMINAL INVESTIGATORS >> Reporter: CRIMINAL
INVESTIGATORS FROM THE DEPARTMENT OF REVENUE.
THAT'S WHO SHOWED UP UNANNOUNCED AT THE MEDICAL OFFICE.
STAFF MEMBERS TOLD THE DETECTIVES THE VISIT SEEMED TO
CATCH BUDDY OFF GUARD. THIS WOULD'VE COME AS A BIG
SURPRISE TO HIM, AS A SHOCK? >> IT SEEMED TO BE
>> MAYBE NOT SO MUCH TO MISS McCUTCHEON.
>> Reporter: NOT SO MUCH TO BRENDA MAYBE BECAUSE, AS
DETECTIVES LEARNED, SHE DID ALL THE BOOKKEEPING, OFTEN BY HAND,
AND PROVIDED ALL THE FINANCIALS TO THE ACCOUNTANT FOR FILING
THEIR TAXES. >> MISS McCUTCHEON HAD BEEN
DELINQUENT IN PAYING STATE WITHHOLDINGS ON EMPLOYEES' TAXES
FOR MANY YEARS >> THIS WAS AN ONGOING PROBLEM
AND ALL OF A SUDDEN DR. McCUTCHEON BECOMES AWARE OF IT
>> Reporter: AND SOON AFTER, BUDDY PUT THE BRAKES ON THAT
MEETING. >> AND HE'S COMPLETELY
SURPRISED. STOPS THE INTERVIEW AND REQUESTS
TO BE ABLE TO CONSULT AN ATTORNEY
>> Reporter: THAT'S HOW ATTORNEY SEAN DEVEREUX GOT INVOLVED
BUDDY AND BRENDA KNEW HIM SOCIALLY
SO BUDDY CALLED HIM RIGHT AFTER HE MET WITH THOSE AGENTS FROM
THE REVENUE DEPARTMENT SO HE'S WORRIED ABOUT IT
HE DIDN'T KNOW WHAT TO DO. >> YOU GET A SUBPOENA FROM THE
DEPARTMENT OF REVENUE IN A TAX INVESTIGATION, MOST PEOPLE ARE
PROBABLY GONNA TALK TO A PROFESSIONAL
>> Reporter: BUT ATTORNE DEVEREUX TOLD US, CONTRARY TO
WHAT THE POLICE HEARD, BUDDY WAS NOT SURPRISED BY THE TAX ISSUES.
>> FOR YEARS AND YEARS, THERE HAD BEEN PROBLEMS WITH -- WITH
TAXES. I MEAN, BUDDY CLEARLY KNEW WHAT
WAS GOING ON WITH THE TAXES. THERE WERE LOTS OF CONFIRMED
COMMUNICATIONS TO DR. McCUTCHEON ABOUT THE PROBLEM.
>> Reporter: IN FACT, THE VERY SAME DAY AFTER THE D.O.R. VISIT,
BUDDY SENT ATTORNEY DEVEREUX AN EMAIL SAYING THEY WERE DEALING
WITH IT. "BRENDA HAS GOTTEN THE DOCUMENTS
FROM OUR TAX GUY AND HAS MADE COPIES
SHE AND I WILL GO THROUGH THEM THIS WEEKEND AND MAKE SURE
THINGS ARE IN ORDER. THAT DISTINCTION, WHETHER BUDDY
KNEW OR DIDN'T KNOW ABOUT THE TAX ISSUES, TURNED OUT TO BE A
VERY BIG DEAL, BECAUSE WHAT REALLY CAUGHT DETECTIVES'
ATTENTION WASN'T JUST THE TAXES. IT WAS THE TIMING OF THE
DEPARTMENT OF REVENUE'S VISIT. WAS IT YOUR ASSUMPTION THAT THIS
MIGHT'VE HAD SOMETHING TO DO WITH WHAT OCCURRED
>> IT DID, BECAUSE THE DEPARTMENT OF REVENUE AGENTS
CAME AND VISITED THEM ON THE 11th
>> IT WAS A MONDAY >> IT WAS A MONDAY
AND THEN HE WAS KILLED ON A SATURDAY MORNING
>> Reporter: THE VERY SAME WEEKEND BUDDY SAID THEY'D BE
GOING THROUGH THE TAX RECORDS. COINCIDENCE?
QUITE POSSIBLY OR POSSIBLY NOT NO WAY TO PROVE IT EITHER WAY.
AND BRENDA SHE WAS LEAVING ASHEVILLE IN HER
REARVIEW MIRROR. >>> COMING UP -- AN UNEXPECTED
VISIT MAY HOLD A CLUE. >> WHEN I HEARD HER SAY, "WE
ALWAYS LEAVE THE BACK DOOR OPEN AND UNLOCKED," I'M GOING, "OH,
WOW. >> Reporter: AUTUMN, 2016.
THE LOVELIEST TIME OF THE YEAR IN ASHEVILLE
BUT 800 MILES AWAY IN ARKANSAS, BUDDY McCUTCHEON'S BROTHER
CLUTCH WAS IN A DEEP DEPRESSION. WHAT DID BUDDY'S DEATH DO TO
YOU? HOW DEVASTATING WAS IT
HOW DID YOU HANDLE THE GRIEF >> YOU WAKE UP, AND THE FIRST
THING YOU DO IS THINK ABOUT THAT LOSS
>> I THINK IT WAS, LIKE, ALMOST SIX WEEKS.
IT WAS JUST HOME IN -- IN YOUR ROOM AND YOU DIDN'T REALLY COME
OUT OF IT. >> YEAH, YEAH, YEAH.
AND IT WAS THE WAY THAT HE LEFT THIS EARTH
WASN'T HIS TIME. >> Reporter: WHILE CLUTCH WAS
GRIEVING, HE WAS ALSO THINKING ABOUT BRENDA
CLUTCH ADORED BRENDA THEY'D BEEN CLOSE FOR YEARS.
BUT SOMETHING ONE OF THE INVESTIGATORS SAID ABOUT BUDDY'S
MURDER KEPT FLOATING AROUND IN HIS TORTURED MIND.
AND IT SEEMED TO CONFLICT WITH BRENDA'S ACCOUNT
>> I WAS UNDER THE IMPRESSION FROM HER DESCRIPTION THAT
THERE'D BEEN A HOME INVASION AND I REMEMBER ASKING THE
DEPUTY, "WAS THERE ONE GUY TWO?
THREE? I MEAN, HOW -- HOW BAD WAS IT?
AND THAT'S WHEN HE SAID, WELL, UH, "YOUR BROTHER WAS ASLEEP."
>> Reporter: HOME INVASION THEY'RE NOT LIKELY TO SHOOT YOU
WHEN YOU'RE SLEEPING >> NO.
THAT GOT ME THINKING THA SOMETHING WASN'T -- NOT QUITE
RIGHT. >> I DIDN'T LOOK AT THE FRONT
DOOR >> Reporter: IF THE MURDER
WASN'T PART OF A HOME INVASION, WHY WOULD BRENDA SAY IT WAS?
THAT'S WHEN HIS GRIEVING MIND BEGAN TO GO TO AN EVEN DARKER
PLACE. AND BEFORE LONG, HE WAS MAKING
HIS VIEWS KNOWN AROUND THE FAMILY
>> CLUTCH WAS DEFINITELY THE FIRST ONE TO SUSPECT HER
>> Reporter: WHAT'D YOU THINK WHEN YOU HEARD ABOUT THAT?
>> I DIDN'T KNOW IF BRENDA DID IT OR DIDN'T DO IT
I JUST FELT WE NEEDED FACTS IN FRONT OF US BEFORE WE JUST
ACCUSED HER. >> OKAY, WHERE WAS YOUR HUSBAND
SHOT AT? >> UM, ON THE COUCH, IN THE --
IN OUR TV ROOM >> IS HE STILL ALIVE
IS HE STILL BREATHING? >> NO.
>> Reporter: BUT THEN ONE OF CLUTCH'S DAUGHTERS DISCOVERED
ONLINE THE RECORDING OF BRENDA'S 911 CALL
SHE LISTENED AND THEN URGED HIM TO DO THE SAME
IT TOOK A FEW DAYS OF CONVINCING, BUT THEN CLUTCH
FINALLY HIT THE PLAY BUTTON. >> OKAY, WHAT IS YOUR HUSBAND'S
NAME >> FRANK Mc -- FRANK McCUTCHEON.
>> AND WHAT IS YOUR NAME >> BRENDA McCUTCHEON
>> Reporter: CLUTCH LISTENED CLOSELY AND THEN HEARD BRENDA
SAY SOMETHING THAT MADE HIS HEAD SNAP
>> HE NEVER LOCKS THE BACK DOOR, AND THE BACK DOOR WAS OPEN
>> Reporter: FIVE LITTLE WORDS, "THE BACK DOOR WAS OPEN."
AND WITH THAT, CLUTCH FLASHED BACK TO A TRIP HE AND BEKAH HAD
TAKEN TO ASHEVILLE, VISITING BUDDY AND BRENDA AT THEIR HOME
JUST A FEW DAYS BEFORE THE MURDER
>> IT WAS JUST PROVIDENCE THAT WE WERE THERE THAT WEEKEND
BUDDY LIVED IN A NICE NEIGHBORHOOD
EVERYBODY HAD AN ACRE OR TWO OF LAND, YOU KNOW
BUT THERE WERE A LOT OF BEARS. AND HE, UH, MADE A POINT IN THE
EVENINGS, WHENEVER I'D GO OUT BACK, AND HE'D SAY, "YOU LOCK
THE DOOR BECAUSE WE HAVE BEARS THAT COME UP HERE.
WE ALWAYS KEEP IT LOCKED." AND HE WAS THAT WAY EVERY NIGHT.
>> SUN BEARS >> SUN BEARS, THAT'S WHAT HE
LOOKED LIKE. >> Reporter: BUDDY EVEN SHOWED
THEM THAT HOME VIDEO OF THE BEARS IN THE BACKYARD.
THE BEARS. THE BACK DOOR.
BRENDA'S 911 CALL. FOR CLUTCH, SUDDENLY IT ALL
CLICKED. >> WHEN I HEARD HER SAY, "WE
ALWAYS LEAVE THE BACK DOOR OPEN AND UNLOCKED," I'M GOING, "OH,
WOW. >> Reporter: THAT'S NOT TRUE
>> NO. >> HUH-UH.
>> THAT WASN'T TRUE. >> Reporter: MELISSA LISTENED,
TOO. SHE HADN'T BEEN SURE QUITE WHAT
TO THINK ABOUT BRENDA'S POSSIBLE ROLE IN BUDDY'S KILLING.
BUT WHEN SHE HEARD THAT 911 CALL
>> AT THAT POINT, I BELIEVED SHE DID IT
>> Reporter: WHAT WAS IT ABOUT THE 911 CALL THAT MADE YOU THINK
THAT >> IT SOUNDED LIKE SHE WAS A
JUNIOR HIGH GIRL READING A SCRIPT FROM THE PLAY THAT SHE
TRIED TO MEMORIZE THE LINES FOR. PUTTING THAT ASIDE, IF I FOUND
MY HUSBAND, GOD FORBID, MURDERED IN OUR HOME IN THE MIDDLE OF THE
NIGHT AND I CALLED 911, I WOULD BE A BLITHERING IDIOT.
I WOULD BE FREAKING OUT. OH, MY GOD
WHEREAS SHE WAS EXPOUNDING UPON THE THEORY OF HOW THE INTRUDER
MUST HAVE GOTTEN IN. AND WHEN I HEARD THIS, MY
THOUGHT WAS, "SHE'S MAKING HER ALIBI.
SHE'S USING THE 911 CALL TO MAKE HER ALIBI.
>> Reporter: EXCEPT DETECTIVES THROWER AND LEDFORD COULD FIND
NO PHYSICAL EVIDENCE THAT BRENDA KILLED BUDDY
THEIR CASE WAS STUCK ALL THEY REALLY HAD WAS THIS -
>> THIS WAS A CASE OF, IF NOT MISS McCUTCHEON, THEN WHO WOULD
IT HAVE BEEN >> Reporter: BY NOW BRENDA WAS
LONG GONE FROM ASHEVILLE GONE BACK TO TENNESSEE WHERE SHE
HAD GROWN UP, STILL HAD FAMILY AND BECAUSE OF BUDDY'S SUDDEN
DEATH, THE TAX INVESTIGATION HAD STALLED.
ONE LESS THING FOR BRENDA TO WORRY ABOUT.
BUT BUDDY'S SIBLINGS WERE ALL ON THE SAME PAGE NOW.
THEY BELIEVED BRENDA KILLED THEIR BROTHER.
TO THEM, HER EVERY MOVE SEEMED SUSPICIOUS
>> SHE SOLD THE HOME HE LIVED IN, WENT HOME TO EVERY DAY
SHE SOLD THE BUSINESS HE DROVE TO EVERY DAY
SHE SOLD ANYTHING OF VALUE HE HAD.
>> Reporter: SO MAYBE IT WAS NO SURPRISE THE McCUTCHEONS RARELY
HEARD FROM BRENDA ANYMORE. MEANWHILE, THE DETECTIVES
REMAINED RELENTLESS, SEARCHED FOR ANYTHING THAT MIGHT
DEFINITIVELY CONNECT BRENDA OR SOMEONE ELSE TO THE MURDER
THEN, AS HALLOWEEN APPROACHED, THEY FOUND SOMETHING, BURIED IN
DEEP IN A COMPUTER A LONG HELD SECRET
AND A POSSIBLE NEW SUSPECT >>> COMING UP --
A CLOSER LOOK AT BUDDY'S PAST LEADS DETECTIVES TO SOMEONE NEW.
>> WE INTERVIEWED HER, AND THEN WE WERE GONNA ALSO HAVE TO
>> Reporter: BUDDY McCUTCHEON HAD BEEN DEAD FOR ALMOST THREE
MONTHS WHEN THEY FOUND IT, THANKS TO THIS SEARCH WARRANT.
IT HAD BEEN HIDDEN ALL ALONG INSIDE ONE OF BUDDY'S COMPUTERS.
>> WE WERE ABLE TO FIND EMAILS GOING BACK AND FORTH BETWEEN
DR. McCUTCHEON AND THIS PARTICULAR STAFF MEMBER.
>> Reporter: DID IT SEEM TO RISE TO THE LEVEL OF SOMETHING THAT
NEEDED TO BE INCLUDED IN THE INVESTIGATION?
>> DEFINITELY. >> Reporter: THE EMAILS TOLD A
STORY WHICH STRETCHED OVER A FEW YEARS.
AN OFFICE ROMANCE. BUDDY HAD AN AFFAIR WITH A
MEMBER OF HIS STAFF, A MARRIED WOMAN.
>> THAT WAS SOMETHING THAT WE NEEDED TO NAIL DOWN.
WHEN DID THE AFFAIR TAKE PLACE HOW LONG AGO
COULD THE HUSBAND HAVE FOUND OUT ABOUT THAT
AND POTENTIALLY HE HAD SOMETHING TO DO WITH THAT?
>> Reporter: QUESTION BEING, DID AN ANGRY HUSBAND HAVE A MOTIVE
FOR MURDER >> Reporter: SO WHAT'D YOU DO
ABOUT A THING LIKE THAT? >> WE INTERVIEWED HER.
AND THEN WE WERE GONNA ALSO HAVE TO INTERVIEW HER HUSBAND
>> Reporter: DID HE KNOW ABOUT THIS
>> NO, HE DIDN'T WE HAD HOPED THAT SHE WAS GOING
TO SHARE THAT WITH HIM SO THAT WE WOULD NOT HAVE TO BE THE
INDIVIDUALS TO TELL HIM WHAT HAD TAKEN PLACE BETWEEN, UH, HIS
WIFE AND DR. McCUTCHEON. >> Reporter: BUT YOU WERE?
>> WE WERE THAT'S CORRECT
>> Reporter: WHAT WAS THAT LIKE? >> UNCOMFORTABLE
>> Reporter: STILL, BOTH THE OFFICE WORKER AND HER HUSBAND
INSISTED THEY HAD NOTHING TO DO WITH BUDDY'S MURDER.
>> WE WERE ABLE THEN TO GO THROUGH PHONE RECORDS.
WE COULD PRETTY WELL TELL AT THE TIME OF DR. McCUTCHEON'S DEATH
HE WAS NOT INVOLVED. >> BOTH HE AND HIS WIFE WERE AT
HOME WHEN THIS TOOK PLACE. >> Reporter: AND ONE MORE THING
ABOUT THE AFFAIR, IT WAS OVER LONG AGO
>> IT HAD HAPPENED SEVERAL YEARS AGO.
AND NOBODY SEEMED TO KNOW THAT IT HAD TAKEN PLACE
>> Reporter: SO NOW DETECTIVES REFOCUSED ON THE ONLY PERSON OF
INTEREST THEY STILL COULDN'T ELIMINATE, BRENDA McCUTCHEON
THERE WAS STILL ONE TEST PENDING THAT MIGHT PROVIDE SOME ANSWERS.
REMEMBER THE MURDER WEAPON FOUND IN THE IVY NEAR THE HOUSE?
IT HAD BEEN SWABBED FOR DNA. NOW, MONTHS AFTER THE MURDER,
THE RESULTS WERE FINALLY IN, WHICH INDICATED THREE
CONTRIBUTORS, ONE OF WHOM WAS BUDDY.
THE SECOND ONE DID NOT MATCH BRENDA
AND THE THIRD SAMPLE WAS INCONCLUSIVE
>> I DON'T THINK THERE WAS SUFFICIENT ENOUGH INFORMATION TO
BUILD, UH, A FULL PROFILE. SO WAS UNABLE TO DETERMINE WHO
THAT COULD'VE BELONGED TO. >> Reporter: REMEMBER, THERE WAS
NO GUNSHOT RESIDUE ON BRENDA'S HANDS.
ONLY A SPECK ON HER CLOTHES. COULD HAVE GOT THERE FROM JUST
BEING IN THE HOUSE THAT NIGHT. AND NOW NO DNA CONNECTION TO THE
GUN THAT KILLED HER HUSBAND. THE INVESTIGATION COOLED
AS THE FIRST ANNIVERSARY OF BUDDY'S DEATH APPROACHED, THE
McCUTCHEON FAMILY BEGAN TO LOSE HOPE THAT BUDDY'S MURDER WOULD
EVER BE SOLVED >> WE JUST PRETTY MUCH GAVE UP
THERE CAME A POINT, AFTER A CERTAIN AMOUNT OF TIME, YOU HAD
TO MOVE ON I FELT LIKE SHE WAS NEVER GONNA
BE CHARGED WITH ANYTHING >> Reporter: GOT AWAY WITH IT?
>> AND I THOUGHT SHE WAS GONNA GET AWAY WITH IT, YEAH
>> Reporter: BUT DETECTIVES WEREN'T ABOUT TO LET THE CASE
GO >> I THINK YOU JUST TRY TO
FOLLOW THE EVIDENCE WHERE IT LEADS.
EACH TIME WE RECEIVED INFORMATION THAT COULD'VE TAKEN
THE INVESTIGATION ANY NUMBER OF DIRECTIONS, WE TRIED TO FOLLOW
THOSE LEADS. AND EVERYTHING ALWAYS CAME BACK
TO BRENDA. >> Reporter: DURING THEIR
INVESTIGATION, DETECTIVES HAD PRESENTED THE CASE TO THE D.A.,
TODD WILLIAMS. HE'D BEEN FOLLOWING IT
HE WAS EAGER TO GET JUSTICE FOR THE McCUTCHEON FAMILY.
BUT WILLIAMS NEEDED SOMETHING MORE
SOMETHING TO PERSUADE A JURY IT ACTUALLY WAS BRENDA WHO KILLED
BUDDY. >> THIS WAS A CASE CHARACTERIZED
BY AN ABUNDANCE OF CAUTION WE DIDN'T HAVE THE DNA
WE DIDN'T HAVE IT ON -- ON VIDEO.
WE DIDN'T HAVE THOSE THINGS THAT, YOU KNOW, JURIES ARE --
ARE EXPECTING. >> Reporter: THEY WANT THAT
STUFF. >> IRONCLAD EVIDENCE, RIGHT?
IRONCLAD EVIDENCE. >> Reporter: DIDN'T SEEM
IRONCLAD OR JURY PROOF TO THE D.A.
SO DETECTIVE THROWER COMPILED AN EXHAUSTIVE POWERPOINT
PRESENTATION LAYING OUT THE ENTIRE CASE, CLUE BY CLUE.
>> Reporter: WHAT WERE THE KEY POINTS OF THE CIRCUMSTANTIAL
CASE AGAINST HER >> WHERE THE GUN WAS FOUND, WHO
THE GUN BELONGED TO. THE GUN HAPPENED TO BE IN THE
SAME PROXIMITY IN WHICH SHE SUPPOSEDLY RAN TO TO KNOCK ON
HER NEIGHBOR'S DOOR. >> Reporter: AND THERE WAS
SOMETHING ELSE ABOUT THAT GUN. >> MISS McCUTCHEON STATED THAT
ONE OF THE LAST TIMES SHE HAD SEEN THE FIREARM, SHE THOUGHT IT
WAS IN A KITCHEN DRAWER. >> Reporter: SOMEBODY WOULD HAVE
HAD TO KNOW WHERE THAT HANDGUN WAS?
>> YEP IT'S NOT A NORMAL PLACE YOU
WOULD KEEP A FIREARM >> Reporter: WHAT'S MORE,
BRENDA'S STORY THAT BUDDY LEFT THE BACK DOOR OPEN DIDN'T ADD UP
BECAUSE OF THOSE BEARS IN HIS BACKYARD
>> SUN BEARS. >> SUN BEARS, YEAH
>> Reporter: AND SHE WAS A NURSE.
SHOULDN'T SHE HAVE TRIED TO HELP HIM BEFORE CALLING 911
AND FINALLY -- >> THE BEHAVIOR OF HER IN DAYS
FOLLOWS DESPERATE TO -- TO GET THE BUSINESS CLOSED, TO GET IT
LIQUIDATED, TO GET THE HOUSE SOLD SO SHE CAN MOVE AWAY.
>> Reporter: THE D.A. TOOK A LONG, HARD LOOK AT DETECTIVE
THROWER'S POWERPOINT >> HE DID A REALLY GOOD JOB OF
PUTTING ALL THE PIECES TOGETHER THAT BASICALLY SAID IF THIS WERE
A WHODUNIT, THERE'S ONLY ONE PERSON WHO COULD HAVE DONE IT.
>> Reporter: BROUGHT IT INTO FOCUS FOR YOU?
>> HE BROUGHT IT INTO VERY CLEAR FOCUS.
THIS IS A CASE WITH NO OTHER SUSPECT THAN BRENDA McCUTCHEON
>> Reporter: BUT WILLIAMS WANTED TO BE SURE AND HE CALLED A
MEETING OF HIS ASSISTANT D.A.s TO GET THEIR OPINIONS.
ONE OF THEM WAS MEGHAN LOCK. >> TO ME, IT WAS OBVIOUS FROM
THE BEGINNING THAT IT WAS GONNA BE A DIFFICULT CASE.
>> Reporter: DO YOU RECALL WHAT YOU FELT LIKE AS YOU READ
THROUGH THAT MATERIAL? DID YOU HAVE AN OPINION ABOUT IT
YOURSELF >> THERE WAS NO DOUBT IN MY MIND
THAT BRENDA WAS THE ONE WHO HAD MURDERED BUDDY
>> Reporter: CANVASSING YOUR OFFICE STAFF IS ONE THING.
GOING TO TRIAL WITH 12 UNKNOWN JURORS, THAT'S QUITE ANOTHER
SO NOW D.A. TODD WILLIAMS HAD TO MAKE A BIG DECISION ABOUT
WHETHER TO TAKE THIS HIGHLY CIRCUMSTANTIAL CASE TO TRIAL
>> WE DO TAKE RISKS IN THE D.A.'S OFFICE.
WE DON'T JUST TRY THE SLAM DUNKS.
THERE'S A LOT OF COMPLEXITY TO THIS CASE, BUT THE CASE NEEDED
TO BE TRIED. IT NEEDED TO BE PRESENTED TO A
JURY >>> COMING UP --
THE ARREST >> SHE KNEW IT WAS COMING.
>> THE PROSECUTOR. >> Reporter: FIRST MURDER TRIAL?
>> YES, SIR. >> AND A FURIOUS FAMILY.
>> SHE DOESN'T GET TO KILL MY BROTHER AND THEN USE THE MONEY
SHE INHERITS FROM KILLING HIM TO GET HERSELF OUT OF JAIL FOR
KILLING HIM. HELL, NO
>> Reporter: IT DIDN'T TAKE LONG
AFTER REVIEWING ALL THAT CIRCUMSTANTIAL EVIDENCE,
D.A. TODD WILLIAMS REFERRED THE BUDDY McCUTHEON CASE TO GRAND
JURY, SEEKING TO INDICT BRENDA FOR MURDER
AND IN LESS THAN A DAY - >> THE GRAND JURY FOUND A TRUE
BILL >> Reporter: WHICH MEANT
BRENDA McCUTCHEON WOULD BE CHARGED WITH FIRST-DEGREE MURDER
AND COULD FACE LIFE IN PRISON. >> IT'S A MURDER THAT ROCKED A
NORTH CAROLINA TOWN. NOW INVESTIGATORS WANT TO ARREST
THE WIFE OF A PLASTIC SURGEON. >> Reporter: BRENDA HAD BEEN
LIVING QUIETLY OUTSIDE OF MEMPHIS.
>> SHE WAS IN TENNESSEE BECAUSE BOTH OF THE SISTERS LIVED FAIRLY
CLOSE BY SHE SPENT A LOT OF TIME WITH HER
NIECES AND HER SISTERS >> Reporter: BUT NOW, ALMOST A
YEAR AND A HALF AFTER BUDDY'S MURDER, SHE WAS OFFICIALLY
ACCUSED OF KILLING HER HUSBAND >> THE ARREST WARRANT FOR
FIRST-DEGREE MURDER FROM NORTH CAROLINA LISTS THIS
ADDRESS FOR BRENDA McCUTCHEON, WANTED FOR THE DEATH OF HER
PLASTIC SURGEON HUSBAND. >> I DON'T THINK SHE SAW THE
INDICTMENT AS INEVITABLE OR SHE WAS SURPRISED BY IT.
BUT IT WAS, LIKE, JUST ONE MORE BAD HAND THAT SHE'D BEEN DEALT
THAT SHE WAS GONNA DEAL WITH AND SHE DID.
SHE GOT IN HER LITTLE HONDA, AND SHE DROVE ALL THE WAY ACROSS
TENNESSEE TO WESTERN NORTH CAROLINA AND TURNED
HERSELF IN >> Reporter: TO THE BUNCOMBE
COUNTY JAIL, WHERE SHE WAS GREETED BY DETECTIVE
WALT THROWER >> IT WAS A MATTER OF PUTTING A
SET OF HANDCUFFS ON HER AND SHE'D BE PROCESSED
>> Reporter: HOW WOULD SHE HOLD UP
>> SHE WAS FINE. >> Reporter: COOL?
DIDN'T SEEM TERRIBLY UPSET, IN OTHER WORDS?
>> IT WAS KINDA LIKE VANILLA THE WHOLE TIME
DIDN'T APPEAR TO BE UPSET. SHE KNEW IT WAS COMING
>> Reporter: BUT BUDDY'S FAMILY DIDN'T SEE IT COMING, ESPECIALLY
AFTER WAITING SO LONG FOR AN ARREST
>> I FELT GOOD THE PROSECUTORS MUST THINK THEY
HAVE A CASE OR AN ARREST WOULDN'T BE HAPPENING.
AND THAT GAVE ME HOPE THAT SHE WASN'T GONNA GET AWAY WITH IT.
>> Reporter: 67-YEAR-OLD BRENDA SAT IN JAIL, UNABLE TO MAKE BAIL
SET AT $750,000. SHE WANTED TO ACCESS MONEY FROM
BUDDY'S I.R.A., WHICH HAD ENOUGH CASH TO COVER THE BAIL BOND FEE.
BUT BECAUSE OF THE PENDING MURDER CHARGES, BRENDA WAS NOT
ALLOWED TO ACCESS THE ACCOUNT. >> AFTER SHE'D BEEN IN JAIL
ABOUT A YEAR AWAITING TRIAL, BRENDA'S ATTORNEY HAD REQUESTED
A HEARING AND WAS GONNA ASK THE JUDGE IF BRENDA COULD TAP INTO
THOSE FROZEN ASSETS TO MAKE BAIL AND GET OUT.
>> Reporter: THAT'S KIND OF CONUNDRUM, DOESN'T IT?
>> THE JUDGE WANTED TO KNOW BUDDY'S SIBLINGS' OPINIONS
MY OPINION WAS HELL, NO. SHE DOESN'T GET TO KILL MY
BROTHER AND THEN USE THE MONEY SHE INHERITS FROM KILLING HIM TO
GET HERSELF OUT OF JAIL FOR KILLING HIM.
HELL, NO >> Reporter: SO NO BAIL, AT
LEAST FROM BUDDY'S ESTATE. ANOTHER YEAR PASSED.
BUT THROUGH HER ATTORNEY, BRENDA GOT A SURETY COMPANY TO HELP
COVER THE BAIL AND THEN SHE RETURNED TO
TENNESSEE TO AWAIT HER DAY IN COURT.
>> WE WERE ABLE TO GET HER ON A KIND OF A HOME DETENTION
SHE HAD TO CALL IN I THINK SHE WORE A GPS TRACKING
MONITOR FOR A LITTLE WHILE >> Reporter: MEANWHILE, BACK IN
ASHEVILLE, D.A. TODD WILLIAMS HAD ANOTHER DECISION TO MAKE
PICKING HIS PROSECUTORS. ONE OF WHOM WAS IN THAT MEETING
WHEN HE FIRST EVALUATED THE CASE
MEGHAN LOCK. >> MR. WILLIAMS CAME TO ME ONE
DAY AND JUST SAID, YOU KNOW, WOULD I LIKE TO BE A PART OF
THAT CASE AND HELP PROSECUTE IT. AND I SAID, "ABSOLUTELY, I WOULD
LOVE TO. >> Reporter: FIRST MURDER TRIAL?
>> YES, SIR. >> Reporter: AND WHAT DOES IT DO
THE PIT OF YOUR STOMACH? DOES IT GIVE YOU KIND OF, "HOLY
COW, THIS IS IT" >> IT WAS NERVE-RACKING.
THERE WAS CERTAINLY A LOT OF INTERNAL PRESSURE.
I MEAN, YOU HAVE THE PRESSURE OF WANTING TO BE SUCCESSFUL FOR THE
FAMILY AND TO GET JUSTICE FOR THE VICTIM
SO TAKING A DIFFICULT CASE AS THE FIRST ONE, THAT WAS -- THAT
WAS HARD >> Reporter: HARD ALSO BECAUSE
LOCK WOULD BE SQUARING OFF AGAINST TWO SAVVY, EXPERIENCED
DEFENSE ATTORNEYS, STEVE CASH AND SEAN DEVEREUX, WHO WERE
EMPHATIC THERE WAS NO CASE AGAINST BRENDA
>> THERE WAS JUST ABSOLUTELY NO EVIDENCE, REGARDLESS OF MOTIVE,
THAT SHE HAD PULLED THE TRIGGER THAT KILLED HER HUSBAND.
IN FACT, THERE WAS EVIDENCE THAT ABSOLUTELY CONTRADICTED THAT
>> Reporter: ALL OF THIS WOULD BE HASHED OUT AT TRIAL
AND WHILE THE ATTORNEYS ON EACH SIDE WERE PREPARING, THE
McCUTCHEON FAMILY KEPT ASKING BRENDA TO GIVE THEM BUDDY'S
PERSONAL ITEMS, WHICH THEY HAD BEEN SEEKING EVER SINCE HIS
MURDER >> AT THIS POINT, IT'S BEEN
3 1/2 YEARS SINCE HE WAS MURDERED
MY BROTHERS HAD BEEN BEGGING BRENDA, COULD THEY PLEASE HAVE
SOME OF BUDDY'S MEMENTOS >> Reporter: BUT BRENDA KEPT
THEM AND RARELY TALKED TO BUDDY'S FAMILY UNTIL ONE DAY
WHEN BRENDA WAS OUT ON BAIL. >> BRENDA PHONES MY BROTHER JOHN
AND SAYS, "YES, IT'S ALL IN A STORAGE UNIT
AND I'VE MADE ARRANGEMENTS YOU CAN SHOW UP AND GET WHATEVER
YOU WANT OUT OF THAT STORAGE UNIT."
>> Reporter: BUT WHEN BUDDY'S BROTHER JOHN GOT THERE -
>> HE CALLS ME CRYING BECAUSE, NOT ONLY DID HE FIND BUDDY'S
CHERISHED, PRIZED POSSESSIONS RUINED BY VERMIN, RODENTS HAD
PEED AND POOPED AND CHEWED UP THE THINGS THAT MEANT THE MOST
TO BUDDY BUT BRENDA HAD TOSSED BUDDY'S
REMAINS IN THAT STORAGE ROOM >> Reporter: BUDDY'S ASHES FROM
HIS CREMATION THREE YEARS EARLIER, IN A BOX LIKE THIS ONE,
HAD NEVER BEEN INTERRED. JUST LEFT IT THERE
>> YEAH, 3 1/2 YEARS AFTER HE'S GONE
WHO PUTS THEIR SPOUSE'S REMAINS IN A RENTED STORAGE UNIT
IT WAS HORRIBLE. AND CAN YOU IMAGINE WHAT IT WAS
LIKE FOR HIM I'M SORRY.
I'M JUST -- MY BROTHER JOHN, DRIVING DOWN THE HIGHWAY AT
NIGHT WITH HIS MURDERED BROTHER'S REMAINS IN A SEAT
BESIDE HIM, CRYING >> Reporter: WE ASKED BRENDA'S
ATTORNEYS ABOUT THIS SHE HAD THE ASHES IN HER
APARTMENT -- >> SHE HAD KEPT THE ASHES.
AND BECAUSE OF THE FALLOUT BETWEEN HER AND THE McCUTCHEON
FAMILY, SHE WENT AND LEFT THOSE ASHES IN THE STORAGE UNIT FOR
THEM TO PICK UP. AND IT WAS ONLY IN THERE A VERY
BRIEF PERIOD OF TIME I MEAN, HOURS.
>> Reporter: BUT WHEN PROSECUTOR MEGHAN LOCK HEARD ABOUT ALL
THIS, WELL - - >> I DON'T REALLY KNOW HOW YOU
RESPECTFULLY PUT YOUR DEAD HUSBAND IN A STORAGE UNIT FOR
ANY PERIOD OF TIME >> Reporter: THE ASHES INCIDENT
SET THE STAGE. THE TRIAL WOULD BE CONTENTIOUS
AND ONE OF THE KEY WITNESSES WOULD BE BRENDA McCUTCHEON
>>> COMING UP -- >> SHE WOULD TELL US THAT, "I
WANNA HAVE A MOMENT WHEN I CAN STAND UP IN PUBLIC AND TELL
PEOPLE WHAT REALLY HAPPENED. >> BRENDA TELLS HER STORY TO THE
JURY WILL THEY BUY IT
>> WHO BREAKS INTO A HOUSE AND DECIDES TO JUST SHOOT
>> Reporter: THE ASHEVILLE COURTHOUSE IS A STATELY OLD
PLACE, BUILT NEARLY A CENTURY AGO.
HERE, IN JANUARY 2020, BRENDA McCUTCHEON WENT ON TRIAL.
SHE WAS ALMOST 70. DID SHE LOOK LIKE A DIFFERENT
PERSON TO YOU? >> WELL, I'LL BE HONEST WITH
YOU. I DIDN'T PAY MUCH ATTENTION TO
HER. I COULDN'T
I JUST DIDN'T. >> Reporter: DIDN'T OR COULDN'T?
>> I COULDN'T. I DIDN'T
BOTH I JUST DIDN'T.
I CHOSE NOT TO >> Reporter: SO, EMOTIONALLY,
WHAT WAS IT LIKE TO BE IN THERE? >> IT WAS NOT GOOD
>> Reporter: CAMERAS WERE NOT ALLOWED.
AND THE PROSECUTORS BEGAN PRESENTING THEIR CASE, WHICH
FEATURED ALL THAT CIRCUMSTANTIAL EVIDENCE THEY SAID POINTED ONLY
TO BRENDA. >> SHE WAS GIVEN EVERY BENEFIT
OF THE DOUBT AT EVERY TURN OF THE CORNER, UNTIL THERE WAS
NOWHERE LEFT TO TURN >> OKAY, WHAT'S GOING ON
>> MY HUSBAND'S BEEN SHOT. >> Reporter: THEY PLAYED
BRENDA'S 911 CALL, INSISTING IT WASN'T TRUE.
>> HE NEVER LOCKS THE BACK DOOR. AND THE BACK DOOR WAS OPEN
>> Reporter: BRENDA'S ENTIRE POLICE INTERVIEW WAS ALSO SHOWN.
>> WHY WOULD ANYBODY -- NOBODY THAT HAS EVER COME INTO OUR
HOUSE WOULD WANT TO KILL MY HUSBAND.
>> Reporter: WHERE SHE CLAIMED AN INTRUDER ENTERED THE HOUSE
AND KILLED BUDDY >> A PRETTY UNBELIEVABLE
POSSIBILITY. >> WHY DO YOU SAY IT'S
UNBELIEVABLE >> WHO BREAKS INTO A HOUSE TO
ROB SOMEBODY, DIGS AROUND, FINDS A GUN, DECIDES TO JUST SHOOT
SOMEBODY WHILE THEY'RE SLEEPING, AND THEN THAT ENTIRE PROCESS,
DOESN'T TAKE ANYTHING? >> Reporter: THEN MEGHAN LOCK
DETAILED WHAT THE PROSECUTION BELIEVED WAS BRENDA'S MOTIVE FOR
MURDER, CONTENDING IT UNFOLDED AFTER SHE AND BUDDY LEARNED THEY
WERE UNDER INVESTIGATION BY THE DEPARTMENT OF REVENUE.
>> IT WAS A CRIMINAL INVESTIGATION.
THERE WERE REAL CONSEQUENCES AT PLAY AT THIS POINT IN TIME
>> Reporter: SERIOUS CONSEQUENCES
POSSIBLE PRISON TIME THE TAX AGENT TESTIFIED BUDDY
WAS SURPRISED AND HAD NO CLUE ABOUT THE WITHHOLDING TAX
ISSUES IT WAS ALL BRENDA'S DOING.
>> SHE WAS CONCERNED SHE WOULD NOT ONLY BE IN TROUBLE, BUT SHE
WOULD BE THE ONLY ONE IN TROUBLE.
>> Reporter: SO WHY WOULD SHE KILL HIM THEN?
>> BECAUSE SHE WAS ABLE TO PIN IT ALL ON HIM.
SHE WAS ABLE TO -- IT FIXED ALL HER PROBLEMS
>> Reporter: IF SHE KILLED HIM --
>> SHE DIDN'T HAVE TO STAY IN ASHEVILLE.
SHE DIDN'T HAVE TO KEEP COSMETIC SURGERY AFLOAT
SHE DIDN'T HAVE TO WORRY ABOUT ANYTHING TO DO WITH THE
DEPARTMENT OF REVENUE. ONCE HE WAS DEAD, IT COULD BE
BUDDY THAT DID IT. >> Reporter: ISN'T THAT REALLY
JUST SPECULATION >> THE EVIDENCE IN THE
DEPARTMENT OF REVENUE FILE WAS GOING TO POINT TO
BRENDA McCUTCHEON AS BEING THE ONE THAT EMBEZZLED
THAT'S A MOTIVE. >> Reporter: BUT WHEN THE
DEFENSE'S TURN CAME, IT ARGUED THAT THE SO-CALLED MOTIVE WAS
BOGUS. NO SUBSTANCE AT ALL.
>> THE STATE WAS FISHING FOR A THEORY AND ULTIMATELY,
EVERYTHING THAT WAS BROUGHT IN BY THIS HUGE NET THAT THE STATE
TRIED TO EMPLOY FELL OUT OF THE NET.
>> Reporter: FELL OUT FOR ONE SIMPLE REASON, SAID THE DEFENSE.
AN UTTER LACK OF PHYSICAL EVIDENCE TYING BRENDA TO THE
MURDER >> THEY DIDN'T COME IN AND SAY,
"A-HA, BRENDA, YOUR DNA IS ON THIS WEAPON.
THEY DIDN'T SAY, "A-HA, BRENDA, YOUR FINGERPRINT IS ON THIS
GUN. THEY DIDN'T SAY, "A-HA, BRENDA,
YOU HAVE BLOOD SPLATTER ALL OVER YOUR BLOUSE.
THEY DIDN'T SAY, "A-HA, BRENDA, YOU'RE COVERED IN GUNSHOT
RESIDUE. NONE OF THAT WAS -- WAS REALITY.
>> WHAT WE SUGGESTED TO THE JURY IS THE POLICE, THE D.A.'S
OFFICE, DETECTIVES, DEPARTMENT OF REVENUE, THEY HAVEN'T BROUGHT
YOU ENOUGH EVIDENCE HERE TO PROVE BEYOND A REASONABLE DOUBT
THAT SHE DID THAT. >> Reporter: BACK IN ARKANSAS,
BUDDY'S SISTER MELISSA WAS GETTING DAILY UPDATES ON THE
TRIAL. A LAWYER HERSELF, SHE KNEW
JURIES WERE UNPREDICTABLE. SO, TO EASE HER ANXIETY DURING
THE TRIAL, SHE PAINTED. >> ART IS MY THERAPY
>> Reporter: SHE PAINTED PICTURES OF HER FEELINGS,
INCLUDING THIS ONE DONE DURING THE TRIAL.
>> IT'S CALLED "WAITING. AND IT'S A PERSON WAITING.
>> Reporter: WHAT DOES THAT FEEL LIKE TO BE THAT PERSON WAITING
YOU PAINTED IT, BUT CAN YOU DESCRIBE IT WITH WORDS
>> I REALLY COULDN'T DESCRIBE IT WITH WORDS
THE PAINTING IS MY BEST EXPRESSION OF WHAT IT FELT LIKE,
TO BE HONEST >> Reporter: EVERYONE IN THE
COURTROOM ALSO WAITED AND WONDERED -
WOULD SHE TESTIFY? WOULD BRENDA McCUTCHEON TAKE THE
STAND AND TELL THE JURY HER STORY?
>> BRENDA INSISTED ON TESTIFYING FROM THE VERY BEGINNING.
SHE WOULD TELL US THAT, "I WANNA HAVE A MOMENT WHEN I CAN STAND
UP IN PUBLIC AND TELL PEOPLE WHAT REALLY HAPPENED."
>> Reporter: PUTTING ANY DEFENDANT ON THE STAND IS RISKY.
BUT BRENDA'S ATTORNEYS FIRST DID A LITTLE TEST RUN.
THEY HAD HER TAKE ANOTHER POLYGRAPH TEST BEFORE THE TRIAL.
AND ONCE AGAIN, SHE PASSED, SAID ATTORNEY DEVEREUX.
>> ABSOLUTE -- NO QUESTION AT ALL.
NOT EVEN -- THERE WASN'T A GRAY AREA
>> Reporter: POLYGRAPH EXAMS ARE NOT ADMISSIBLE AT TRIAL, BUT IT
WAS AN ASSURED BRENDA WHO TOOK THE STAND, RECITING MUCH THE
SAME STORY SHE TOLD DETECTIVES AFTER BUDDY WAS MURDERED
>> DIDN'T SHOOT YOUR HUSBAND >> NO.
NO NO
HE WAS EVERYTHING TO ME AND HAS BEEN FOR ALMOST ALL MY ADULT
LIFE >> WE ALWAYS THINK ABOUT WHETHER
OR NOT TO PUT ON A DEFENDANT TO TESTIFY.
BUT WE WERE CONFIDENT THAT SHE WAS GONNA SAY THE SAME THING SHE
ALWAYS DID, AND SHE DID. >> I THOUGHT SHE DID FINE.
AND I THINK SHE DID MAKE A GOOD WITNESS.
>> Reporter: BUT AS PROSECUTOR LOCK LISTENED TO BRENDA TELL HER
STORY OF HER LIFE WITH BUDDY, IT SUDDENLY CAME TO HER
MOTIVE MAYBE SHE'D ONLY GOT IT HALF
RIGHT. IT WASN'T THE JUST THE ALLEGED
TAX FRAUD. IT WENT DEEPER THAN THAT
MUCH DEEPER. MEGHAN LOCK FELT SURE OF IT.
>> IT WAS JUST VERY CLEAR THAT EVERYTHING SHE HAD EVER DONE WAS
FOR BUDDY, BUILT AROUND WHAT BUDDY WANTED, BUILT AROUND WHAT
BUDDY'S DREAMS WERE. AND SO HE STICKS HER IN THIS
OFFICE, HAVING TO DO THIS PAPERWORK, NOT EVEN UTILIZING
HER AS A NURSE IN THAT OFFICE, EVEN THOUGH THAT'S WHAT SHE
TRULY WAS. AND SHE VERY MUCH, I BELIEVE,
RESENTED HIM FOR THAT. >> Reporter: WHICH GAVE THE
PROSECUTORS AN IDEA THE NIGHT BEFORE THEY BEGAN THEIR
CROSS-EXAMINATION. >> WE DECIDED WE NEED TO MAKE
HER MAD. THEY NEED TO SEE THAT SHE IS
CAPABLE OF THIS, THAT NICE PEOPLE CAN DO BAD THINGS
>> Reporter: GETTING HER MAD WAS AN INTENTIONAL THING ON YOUR
PART >> YES
>> Reporter: PROSECUTOR LOCK THOUGHT SHE KNEW JUST HOW TO
PUSH BRENDA'S BUTTONS. >> I REFERRED TO HER AS A
SECRETARY, AND SHE GOT VERY UPSET ABOUT IT AND SNAPPED BACK,
"I'M NOT A SECRETARY." AND YOU COULD SEE IN HER
DEMEANOR AND HEAR IN HER TONE THIS RESENTMENT ABOUT LEAVING
HER CAREER >> Reporter: SO WHY WOULD THAT
TAX ISSUE HAVE LED TO THAT SHOOTING THAT NIGHT?
>> I THINK IT WAS THE STRAW THAT BROKE THE CAMEL'S BACK
SUDDENLY THIS BUSINESS THAT SHE NEVER WANTED, THAT SHE HAD PUT
HER WHOLE LIFE INTO, THAT SHE HAD BEEN MADE TO FIGURE OUT HOW
TO OPERATE, WAS IN TROUBLE AND SHE WAS ABOUT TO BE SOLELY
RESPONSIBLE FOR WHAT HAD HAPPENED
>> Reporter: FUELING EVEN MORE RESENTMENT, THE PROSECUTORS
ARGUED, ADDING TO WHAT HAD ALREADY BEEN BREWING FOR
DECADES. AND THAT LAST NIGHT --
>> I THINK SHE LAID DOWN IN THAT BED THAT NIGHT AND THOUGHT ABOUT
EVERYTHING THAT HAD BEEN MAKING HER MAD.
AND I THINK THAT SHE SNAPPED, AND SHE WENT DOWNSTAIRS AND SHOT
HIM IN THE HEAD WHILE HE SLEPT >> Reporter: IT WAS ONLY A
THEORY, OF COURSE. THERE WAS NO PROOF
AND THEN THE CASE WENT TO THE JURY
A LARGELY FEMALE JURY. THEY WOULD DECIDE IF BRENDA WAS
GOING HOME OR TO PRISON. >>> COMING UP --
>> SOMEBODY'S LIFE IS ABOUT TO CHANGE, THEN THEY READ THE
VERDICT. >> THE JURY SPEAKS
>> IT WAS A DIFFICULT PROCESS. >> I AM CERTAIN THAT WE GOT IT
RIGHT. NO REGRETS.
>> NO REGRETS. >> Reporter: 12 PEOPLE WERE
ABOUT TO DECIDE THE FATE OF BRENDA McCUTCHEON.
WHEN YOU SENT IT OFF TO THE JURY, HOW CONFIDENT WERE YOU
>> AS CONFIDENT AS I'VE EVER BEEN WITH A VERDICT.
>> SAME FOR ME I'VE NEVER BEEN AS CONFIDENT
SENDING A CASE BACK AS I WAS THAT DAY
>> Reporter: AND PROSECUTOR MEGHAN LOCK?
>> I WAS CAUTIOUSLY OPTIMISTIC AT THAT POINT.
>> Reporter: YES, BECAUSE WHEN IT COMES DOWN TO GIVING IT TO A
JURY, YOU JUST REALLY NEVER KNOW, RIGHT?
>> CANNOT PREDICT JURIES >> Reporter: SO WE TALKED TO A
FEW OF THE JURORS. >> WHEN YOU REALIZE YOUR
DECISION IS SENDING SOMEONE TO PRISON FOR LIFE OR LETTING
SOMEONE OFF, YOU HAVE TO MAKE SURE THAT JUSTICE IS SERVED.
AND THAT IS A HUGE RESPONSIBILITY
>> IT WAS ONE OF THE MOST DIFFICULT THINGS I'VE DONE IN MY
LIFE >> AND I FOUND MYSELF WAKING UP
AT NIGHTS THINKING ABOUT THIS THING AND HAVING NIGHTMARES
ABOUT IT >> Reporter: WHEN THEY GOT TO
THE JURY ROOM, THEY TOOK A PRELIMINARY VOTE
>> IT WAS FOUR NOT GUILTY AND EIGHT GUILTY
>> Reporter: SO THEY KEPT TALKING ABOUT THE CIRCUMSTANTIAL
EVIDENCE, ABOUT THE POSSIBLE MOTIVE, ABOUT BRENDA'S STORY
THAT AN INTRUDER MUST HAVE KILLED BUDDY
>> IT WAS A DIFFICULT PROCESS. THERE WERE MANY MOVING PIECES.
THERE WAS A LOT OF WITNESSES AND THERE WAS A LOT OF EVIDENCE THAT
WAS BROUGHT OUT FOR US TO REVIEW
>> Reporter: THEY VOTED AGAIN AND STILL COULDN'T AGREE
>> WE STILL NEED TO TALK ABOUT THIS BECAUSE THIS WOMAN'S LIFE
IS ON THE LINE BUDDY DESERVES JUSTICE
>> AND THEN WE HAD TO DRAG IN MORE EVIDENCE.
>> Reporter: THEY KEPT REVIEWING IT, AND THEN BY DAY TWO,
VALENTINE'S DAY, THEY VOTED ONE MORE TIME.
>> THE MOMENT THEY WALKED BACK INTO THE ROOM, THE NERVES HIT.
I WAS VERY NERVOUS >> Reporter: YOUR HEART'S
POUNDING IN YOUR CHEST THAT'S ABOUT AS NERVE-RACKIN
AS IT GETS >> I REMEMBER LOOKING AT THE
FAMILY I REMEMBER LOOKING TO THE OTHER
SIDE OF THE COURTROOM AND SEEING MS. McCUTCHEON'S SISTERS THERE
AND THERE WAS A HEAVINESS IN THE AIR.
SOMEBODY'S LIFE IS ABOUT TO CHANGE
AND THEN THEY READ THE VERDICT >> AND BREAKING NEWS, THE JURY
IN THE BRENDA McCUTCHEON MURDER TRIAL FINDS HER GUILTY OF
KILLING HER HUSBAND. >> Reporter: FINALLY, JUSTICE
FOR THE McCUTCHEON FAMILY. BUT THERE WAS NO CELEBRATION
>> WE HAD LEFT THE DAY BEFORE THE VERDICT.
I DIDN'T WANNA BE THERE. HUH-UH
>> Reporter: WHY >> IT REALLY DIDN'T MATTER
I MEAN, IT MATTERED. BUT IN THE BIG SCHEME OF THINGS,
IT DIDN'T BRING BUDDY BACK >> I WASN'T GLEEFUL OR JOYOUS
THAT SHE GOT CONVICTED, BUT I WOULD'VE BEEN OUTRAGED HAD SHE
WALKED OFF SCOT-FREE AND GOTTEN AWAY WITH IT
>> Reporter: HER DEFENSE ATTORNEYS WATCHED, DEVASTATED.
>> IT WAS A GUT-WRENCHING MOMENT IN MY LIFE TO HEAR THEM SAY
"GUILTY. >> I BELIEVED ENTIRELY, AND
CONTINUE TO BELIEVE, IN THE INNOCENCE OF BRENDA McCUTCHEON
>> I WISH I COULD LOOK BACK AND THINK OF THE DECISION THAT WE
MADE THAT LOST THE CASE OR THE PIECE OF EVIDENCE THAT, YOU
KNOW, CONVINCED THE JURY THAT SHE WAS A MURDERER
>> Reporter: SO WE ASKED THE JURORS, WHO WERE VERY CLEAR
ABOUT HOW AND WHY THEY CONVICTED BRENDA
>> SHERIFF'S OFFICE. >> AN INTRUDER WOULDN'T COME
RUNNING IN THE HOUSE AND GO TO THAT DRAWER, GRAB THE GUN AND
SHOOT BUDDY, AND THEN RUN OUT AND THROW THE GUN IN THE YARD.
THERE'S NO ONE ELSE THAT COULD'VE COME IN AND SHOT BUDDY.
IT HAD TO BE BRENDA. >> THIS WOMAN DID NOT ACT NORMAL
TO ME. SHE SHOULD'VE BEEN AN EMOTIONAL
ROLLER COASTER WHEN THEY STARTED SHOWING ALL THIS EVIDENCE.
SHE DIDN'T SHOW NO EMOTION AT ALL.
>> I AM CERTAIN THAT WE GOT IT RIGHT.
>> NO REGRETS. >> NO REGRETS.
NO SECOND THOUGHTS >> WOULD YOU BET YOUR LIFE ON
IT AND I THOUGHT, "WELL, YES, I
REALLY WOULD." AND I AM BETTING HER -- BRENDA'S
LIFE ON IT I HAVE NO DOUBT IN MY MIND
>> Reporter: BRENDA WAS STOIC AS SHE WAS SENTENCED TO LIFE
WITHOUT PAROLE >> AS SHE WAS WALKING OUT,
BUDDY'S COUSIN AND HIS WIFE STEPPED OUT OF THE AUDIENCE --
BUDDY'S COUSIN, AND HUGGED HER AND WHAT SHE SAID TO THEM WAS,
"I DIDN'T KILL BUDDY." THAT HAPPENED IN THE COURTROOM
AS SHE'S BEING LED AWAY TO -- TO THE LIFE IN PRISON WITH
HANDCUFFS ON >> Reporter: THE VERDICT WON'T
BRING BUDDY BACK, OF COURSE. AND AMONG HIS SIBLINGS, THE PAIN
LINGERS. >> IT'S TOUGH.
IT -- IT'LL ALWAYS BE HARD THE TEARS DRY UP A LITTLE BIT.
BUT IF YOU THINK ABOUT IT VERY OFTEN, UH, YOU KNOW, IT STILL
BREAKS YOUR HEART. >> Reporter: BUDDY'S SISTER
MELISSA COULDN'T QUITE FIND THE WORDS FOR WHAT SHE FEELS
SO SHE PAINTED IT. THIS ONE IS CALLED "ERASURE.
>> THERE'S A COLD, BLUE HAND HOLDING A GUN SHOOTING
AND THERE'S A FIGURE FALLING BACK
AND THEN THERE'S A GIANT PENCIL WITH AN ERASER ALREADY ERASING
PART OF THAT PERSON BECAUSE I FELT LIKE THAT'S WHAT SHE DID TO
BUDDY. * BRIGHT MORNING STARS ARE
RISING * * BRIGHT MORNING STARS ARE
RISING * >> Reporter: BUT THE McCUTCHEON
FAMILY DOES TAKE SOLACE IN FINALLY HAVING A PLACE TO HONOR
BUDDY. THEY BROUGHT HIS ASHES HERE TO
HIS HOMETOWN, FAYETTEVILLE, ARKANSAS
THE FINAL RESTING SPOT OF BUDDY McCUTCHEON, MEDICAL
DOCTOR, MUSICIAN, RENAISSANCE MAN.
NO ERASING HIM OR HIS VOICE, WHICH WILL LIVE ON
IN DIGITAL PERPETUITY FOREVER. * IN MY SOUL *
>>> 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, GOOD .