1 00:00:14,114 --> 00:00:18,818 "DATELINE. 2 00:00:18,818 --> 00:00:24,624 >> ALL YOU SEE ARE STATE TROOPERS CARS, SHERIFF CARS. 3 00:00:24,624 --> 00:00:28,328 I'M LIKE, "WHERE'S MY SISTER?" >> I SAYS, "WHERE'S YOUR WIFE? 4 00:00:28,328 --> 00:00:32,565 AND HE POINTED TO THE KITCHEN AREA 5 00:00:32,565 --> 00:00:34,701 >> VICTIM HAD BLOOD POOLING AROUND HER HEAD. 6 00:00:34,701 --> 00:00:36,803 >> ALL THEY TOLD US WAS THERE WAS AN INTRUDER. 7 00:00:36,803 --> 00:00:39,005 >> HER FIRST THOUGHT WAS TO PROTECT HER CHILDREN, AND SHE 8 00:00:39,005 --> 00:00:40,507 PUT UP A VERY GOOD FIGHT >> SHE OBSERVED MOMMY FIGHTING 9 00:00:40,507 --> 00:00:42,609 WITH WHAT SHE TERMED AS "THE ROBBER." 10 00:00:42,609 --> 00:00:44,177 >> Reporter: THIS IS A REAL WHODUNIT 11 00:00:44,177 --> 00:00:48,948 >> YEAH, VERY MUCH SO. >> I REMEMBER KELLEY NOT WANTING 12 00:00:48,948 --> 00:00:52,619 TO BE HOME ALONE >> I'VE NEVER ENCOUNTERED A CASE 13 00:00:52,619 --> 00:00:56,289 THIS COMPLICATED OR COMPLEX. >> SOMETHING IS NOT RIGHT HERE 14 00:00:56,289 --> 00:01:00,527 >> IT'S THE TYPE OF CASE THAT MOVIES ARE MADE OUT OF 15 00:01:00,527 --> 00:01:15,842 >> EVERYTHING YOU THOUGHT YOU KNEW WAS ALL A LIE 16 00:01:15,842 --> 00:01:22,215 >> HERE'S ANDREA CANNING WITH "THE HOUSE IN THE WOODS. 17 00:01:22,215 --> 00:01:28,555 >> Reporter: HE WASN'T EXACTLY SURE WHERE THE HOUSE WAS OR WHAT 18 00:01:28,555 --> 00:01:39,132 HAD HAPPENED THERE BUT HE KNEW IT WAS BAD 19 00:01:39,132 --> 00:01:41,801 >> YEAH, THESE ONES ARE NOT FUN TO DO. 20 00:01:41,801 --> 00:01:43,903 >> Reporter: FINALLY HE FOUND IT, DOWN A SECLUDED DRIVEWAY 21 00:01:43,903 --> 00:01:45,505 A MAN ON THE FRONT LAWN WAVING HIM IN 22 00:01:45,505 --> 00:01:47,607 >> WHAT'S GOING ON >> HEY 23 00:01:47,607 --> 00:01:49,843 I'M THE NEIGHBOR >> Reporter: INSIDE THE DEPUTY 24 00:01:49,843 --> 00:01:51,778 COULD SEE SIGNS OF A STRUGGLE. BLOOD ON THE FLOOR 25 00:01:51,778 --> 00:01:53,446 >> YOU GOT BLOOD ON THE WALL BLOOD ON THE STEPS 26 00:01:53,446 --> 00:01:55,115 >> Reporter: A BROKEN WALL HE SEARCHED THE HOUSE. 27 00:01:55,115 --> 00:01:57,117 >> OKAY. KIDS' ROOMS. 28 00:01:57,117 --> 00:01:59,753 THIS ONE'S CLEAR LET ME CHECK THIS LAST ROOM. 29 00:01:59,753 --> 00:02:02,422 CLEAR. >> Reporter: THE TRAIL LED TO 30 00:02:02,422 --> 00:02:09,429 THIS, TO SOMEONE IN A LITTLE ROOM JUST BEYOND THE STAIRS 31 00:02:09,429 --> 00:02:13,867 BEYOND ALL HOPE NOW. >> OH, MY GOD! 32 00:02:13,867 --> 00:02:16,503 >> YEAH. >> Reporter: THE HOUSE IN THE 33 00:02:16,503 --> 00:02:19,172 WOODS WAS HOME TO TOM AND KELLEY CLAYTON AND THEIR TWO ADORABLE 34 00:02:19,172 --> 00:02:21,274 CHILDREN HE'D BEEN A LOCAL STAR OF SORTS, 35 00:02:21,274 --> 00:02:23,410 A HOCKEY PLAYER. AND KELLEY 36 00:02:23,410 --> 00:02:27,647 SHE WAS A HOMETOWN GIRL RAISED RIGHT HERE IN THE FINGER LAKES 37 00:02:27,647 --> 00:02:30,283 REGION OF NEW YORK STATE >> WHEN YOU GROW UP HERE -- IT 38 00:02:30,283 --> 00:02:33,520 ACTUALLY TOOK FOR ME TO MOVE AWAY AND GO TO COLLEGE BEFORE I 39 00:02:33,520 --> 00:02:36,256 CAME BACK AND REALLY APPRECIATED HOW PRETTY IT IS 40 00:02:36,256 --> 00:02:38,825 >> Reporter: ANDREA SPIRAWK IS KELLEY'S BEST FRIEND 41 00:02:38,825 --> 00:02:42,996 THEY GREW UP TOGETHER NEAR ELMIRA, NEW YORK. 42 00:02:42,996 --> 00:02:46,132 SHE SAYS IT WAS AS IF THE LAND HAD BRED A SWEETNESS INTO 43 00:02:46,132 --> 00:02:49,336 KELLEY MAYBE A LITTLE TARTNESS TOO. 44 00:02:49,336 --> 00:02:51,438 AFTER ALL, MARK TWAIN ALSO LIVED HERE 45 00:02:51,438 --> 00:02:53,573 HOW DID YOU SEE KELLEY'S SENSE OF HUMOR 46 00:02:53,573 --> 00:02:56,209 >> SHE WAS VERY GOOFY, ALWAYS HAPPY, ALWAYS TRYING TO HAVE 47 00:02:56,209 --> 00:03:06,786 FUN. SHE LOVED TO LAUGH 48 00:03:06,786 --> 00:03:16,830 >> SHE WAS SARCASTIC >> WITTY 49 00:03:16,830 --> 00:03:18,932 >> SHE ALWAYS MADE THINGS FUN. >> Reporter: FUNNY AND 50 00:03:18,932 --> 00:03:21,067 BEAUTIFUL. THEY COULDN'T KEEP A GIRL LIKE 51 00:03:21,067 --> 00:03:22,669 THAT IN A SMALL TOWN FOREVER AFTER COLLEGE, KELLEY BROKE SOME 52 00:03:22,669 --> 00:03:24,771 NEWS TO HER BIG SISTER KIM >> SHE WAS ENTICED BY SOME 53 00:03:24,771 --> 00:03:27,173 BRIGHT LIGHTS OUT WEST >> ABSOLUTELY. 54 00:03:27,173 --> 00:03:28,475 AND SHE'S LIKE, "I'M MOVING TO VEGAS. 55 00:03:28,475 --> 00:03:30,210 >> WHAT DID YOU THINK WHEN YOU HEARD THAT 56 00:03:30,210 --> 00:03:32,178 >> I WAS SAD BUT I WAS SAD, BUT I WAS, "OH MY 57 00:03:32,178 --> 00:03:34,547 GOD, GO! YOU'RE SO BRAVE. 58 00:03:34,547 --> 00:03:36,416 DO IT NOW! >> DID YOU SEE HER OFF 59 00:03:36,416 --> 00:03:38,518 >> ABSOLUTELY. AND I REMEMBER SHE HAD PARKED, 60 00:03:38,518 --> 00:03:41,154 YOU KNOW, AT HER MOM'S HOUSE AND I JUST REMEMBER RUNNING DOWN 61 00:03:41,154 --> 00:03:43,757 THE STREET >> DID YOU HAVE ANY PARTING 62 00:03:43,757 --> 00:03:45,291 WORDS OR ADVICE FOR HER WHEN SHE LEFT 63 00:03:45,291 --> 00:03:46,893 >> I ACTUALLY HAVE A PHOTO OF US HUGGING. 64 00:03:46,893 --> 00:03:49,262 AND IT WAS, LIKE, IT'S SUCH A SAD PHOTO TO ME. 65 00:03:49,262 --> 00:03:50,597 IT WAS, LIKE, THE SADDEST DAY OF MY LIFE. 66 00:03:50,597 --> 00:03:52,732 >> Reporter: KELLEY CAME HOME TO VISIT OFTEN ENOUGH, INCLUDING 67 00:03:52,732 --> 00:03:55,602 CHRISTMAS OF 2003. BY THEN, ELMIRA HAD A NEW 68 00:03:55,602 --> 00:03:59,639 ATTRACTION, A MINOR LEAGUE HOCKEY TEAM. 69 00:03:59,639 --> 00:04:03,443 >> MY MOM, MY SISTER, AND I WERE AT A HOCKEY GAME, AN ELMIRA 70 00:04:03,443 --> 00:04:06,780 JACKALS HOCKEY GAME. AND THIS PLAYER GETS CHECKED 71 00:04:06,780 --> 00:04:09,149 INTO THE BOARDS AND HIS HELMET COMES OFF. 72 00:04:09,149 --> 00:04:13,853 AND ALL THREE OF US WERE LIKE -- "WOW, HE'S PRETTY CUTE." 73 00:04:13,853 --> 00:04:15,422 >> Reporter: KELLEY'S MOM LIZ. >> WE ENJOYED WATCHING HIM 74 00:04:15,422 --> 00:04:17,524 SKATE. HE WAS FUN 75 00:04:17,524 --> 00:04:20,160 HE WAS FUN HE -- HE REALLY WAS. 76 00:04:20,160 --> 00:04:24,330 >> Reporter: "HE" WAS TOM CLAYTON. 77 00:04:24,330 --> 00:04:27,534 HE SERVED AS THE JACKAL'S "INSTIGATOR," THE GUY WHO STARTS 78 00:04:27,534 --> 00:04:30,737 FIGHTS WHEN HE AND KELLEY LOCKED EYES, 79 00:04:30,737 --> 00:04:33,373 IT WAS GAME OVER >> SHE MET HIM THAT WEEKEND. 80 00:04:33,373 --> 00:04:36,076 SHE MET HIM THAT WEEKEND AND - >> SHE MET THE BAD BOY 81 00:04:36,076 --> 00:04:38,645 >> YES, SHE DID. >> WAS IT INSTANT FOR THEM 82 00:04:38,645 --> 00:04:41,381 >> YES IT WAS 83 00:04:41,381 --> 00:04:44,150 >> Reporter: THEY WERE MARRIED ABOUT TWO YEARS LATER. 84 00:04:44,150 --> 00:04:46,086 AND A FEW AFTER THAT CAME THE KIDS 85 00:04:46,086 --> 00:04:48,688 >> Reporter: A GIRL AND A BOY. TOM TRADED IN HIS HOCKEY SKATES 86 00:04:48,688 --> 00:04:53,460 FOR WORK BOOTS TO RUN A HOME RESTORATION BUSINESS 87 00:04:53,460 --> 00:04:55,562 NOW ANDREA HAD HER BEST FRIEND BACK HOME, PLUS TOM. 88 00:04:55,562 --> 00:04:59,733 >> WHAT DID YOU LOVE ABOUT HIM >> HE WAS VERY GENEROUS. 89 00:04:59,733 --> 00:05:02,902 HE WOULD SHOWER HER WITH THINGS. WE HAD A MUTUAL FRIEND, WHO HE 90 00:05:02,902 --> 00:05:06,573 AND HIS WIFE PASSED AWAY IN A CAR ACCIDENT 91 00:05:06,573 --> 00:05:09,242 AND HE -- TOM IMMEDIATELY CALLED MEN -- ME AND WAS LIKE, "WE'VE 92 00:05:09,242 --> 00:05:11,378 GOT TO DO THIS LET'S DO THIS FUNDRAISER." 93 00:05:11,378 --> 00:05:14,547 WE DID, YOU KNOW AND HE WAS LIKE A BROTHER. 94 00:05:14,547 --> 00:05:17,717 >> Reporter: ALMOST TEN YEARS INTO THE MARRIAGE, KELLEY STILL 95 00:05:17,717 --> 00:05:20,920 GUSHED ABOUT HER TOM >> AND SHE WAS JUST TALKING 96 00:05:20,920 --> 00:05:24,057 ABOUT HE'S THE GREATEST GUY. I HIT THE JACKPOT WITH HIM 97 00:05:24,057 --> 00:05:27,727 >> DID THAT MAKE YOU HAPPY HEARING THAT 98 00:05:27,727 --> 00:05:29,829 >> YEAH. IT REALLY DID IT WAS LIKE, "WOW, THERE'S 99 00:05:29,829 --> 00:05:32,399 REALLY SOMEBODY OUT THERE LIKE THAT." 100 00:05:32,399 --> 00:05:34,501 >> Reporter: GREG AND LINDA MILLER GOT TO KNOW THE CLAYTONS 101 00:05:34,501 --> 00:05:37,637 WELL OVER THE YEARS. THEY HOSTED POKER GAMES WITH TOM 102 00:05:37,637 --> 00:05:39,773 AS A FREQUENT GUEST. THEY AFFECTIONATELY CALLED THE 103 00:05:39,773 --> 00:05:41,408 FORMER SKATER "HOCKEY PUCK." BUT THERE WAS ONE THING THE 104 00:05:41,408 --> 00:05:45,078 MILLERS DIDN'T ENVY ABOUT THE CLAYTONS, WHERE THEY LIVED 105 00:05:45,078 --> 00:05:47,747 >> BECAUSE IT'S OUT IN THE MIDDLE OF NOWHERE. 106 00:05:47,747 --> 00:05:52,952 WE BOTH SAID, SEE, WE COULD NEVER LIVE OUT IN THE WOODS LIKE 107 00:05:52,952 --> 00:05:56,656 THAT I MEAN THAT'S WHAT SHE SAID. 108 00:05:56,656 --> 00:05:58,725 I MEAN, JUST BEING OUT IN THE WOODS IS SCARY ENOUGH SOMETIMES. 109 00:05:58,725 --> 00:06:01,361 YOU KNOW WHAT I MEAN >> Reporter: NO ONE REMEMBERS 110 00:06:01,361 --> 00:06:04,030 KELLEY FEELING UNCOMFORTABLE EVEN AT NIGHT, EVEN ALONE. 111 00:06:04,030 --> 00:06:06,099 EXCEPT FOR ONE EVENING IN LATE SEPTEMBER 2015 112 00:06:06,099 --> 00:06:08,368 ANDREA WAS CHATTING ON THE PHONE WITH KELLEY. 113 00:06:08,368 --> 00:06:10,837 SHE WASN'T HER USUAL, HAPPY SELF 114 00:06:10,837 --> 00:06:13,039 >> SHE WAS LIKE, "ALRIGHT, I'M TIRED. 115 00:06:13,039 --> 00:06:14,541 GOOD NIGHT ALL RIGHT, LEAVE ME ALONE, 116 00:06:14,541 --> 00:06:16,743 PRETTY MUCH. >> WHY WAS IT ODD THAT SHE MIGHT 117 00:06:16,743 --> 00:06:20,280 WANT TO GO TO BED EARLY ONE NIGHT? 118 00:06:20,280 --> 00:06:23,483 >> I THINK SHE WAS REALLY STRESSED OUT 119 00:06:23,483 --> 00:06:27,153 BUT SHE DIDN'T -- SHE WAS A NIGHT OWL. 120 00:06:27,153 --> 00:06:29,856 SHE STAYED UP. HER KIDS STAY UP LATE, YOU KNOW? 121 00:06:29,856 --> 00:06:32,058 IT WASN'T NORMAL >> Reporter: NEITHER, OF COURSE, 122 00:06:32,058 --> 00:06:34,094 WAS WHAT FOLLOWED. >> SIR, YOU NEED TO CALM DOWN SO 123 00:06:34,094 --> 00:06:36,229 I CAN HELP YOU, OKAY >> YES 124 00:06:36,229 --> 00:06:38,865 >> WHAT'S YOUR NAME? >> MY NAME'S TOM 125 00:06:38,865 --> 00:06:42,068 >> Reporter: TOM CLAYTON WAS ON THE PHONE TO 911 126 00:06:42,068 --> 00:06:44,671 SOMETHING ABOUT HIS WIFE SHE WASN'T BREATHING 127 00:06:44,671 --> 00:06:47,273 >> HOW LONG HAS SHE BEEN DOWN? >> I DON'T KNOW. 128 00:06:47,273 --> 00:06:50,543 I DON'T KNOW I JUST GOT HOME. 129 00:06:50,543 --> 00:06:53,646 >> Reporter: THE CLAYTON HOME TUCKED DOWN A POCKET OF A LONG 130 00:06:53,646 --> 00:06:58,351 DARK ROAD. IT WOULD NEVER BE HOME AGAIN 131 00:06:58,351 --> 00:07:02,055 >>> WHAT HAD HAPPENED? WHEN WE COME BACK -- 132 00:07:02,055 --> 00:07:03,623 >> I FELT THERE WAS SOMETHING WRONG HERE 133 00:07:03,623 --> 00:07:05,225 >> Reporter: THAT MAYBE THIS ISN'T MEDICAL. 134 00:07:05,225 --> 00:07:06,826 >> THERE WAS SOMETHING MORE TO IT 135 00:07:06,826 --> 00:07:08,928 >> THERE CERTAINLY WAS >> I SAYS, "WHERE'S YOUR WIFE? 136 00:07:08,928 --> 00:07:10,663 AND HE POINTED TO THE KITCHEN AREA 137 00:07:10,663 --> 00:07:12,599 AND THAT IS WHEN I WALKED AROUND - 138 00:07:12,599 --> 00:07:31,051 >> OH! OH 139 00:07:31,051 --> 00:07:35,321 >> Reporter: CAR ACCIDENTS, DRUG OVERDOSES. 140 00:07:35,321 --> 00:07:37,957 THOSE ARE THE KINDS OF EMERGENCY CALLS DEPUTY DEAN SWAN OF THE 141 00:07:37,957 --> 00:07:41,661 STEUBEN COUNTY SHERIFF'S OFFICE RESPONDS TO. 142 00:07:41,661 --> 00:07:45,799 THE ONE HE AND HIS PARTNER GOT AFTER MIDNIGHT ON SEPTEMBER 29, 143 00:07:45,799 --> 00:07:49,569 2015, THAT WAS A FIRST >> HOW LONG HAS SHE BEEN DOWN? 144 00:07:49,569 --> 00:07:53,773 >> I DON'T KNOW. I DON'T KNOW 145 00:07:53,773 --> 00:07:56,910 I JUST GOT HOME. >> WE RECEIVED A DISPATCH FROM 146 00:07:56,910 --> 00:07:59,179 OUR 911 CENTER UNKNOWN POSSIBLE MEDICAL 147 00:07:59,179 --> 00:08:02,215 SITUATION. I RESPONDED. 148 00:08:02,215 --> 00:08:07,120 TO BE HONEST WITH YOU, EN ROUTE I DID NOT FEEL -- I FELT THERE 149 00:08:07,120 --> 00:08:09,055 WAS SOMETHING WRONG HERE JUST - 150 00:08:09,055 --> 00:08:12,258 >> Reporter: WHY >> COP INTUITION I GUESS IS -- 151 00:08:12,258 --> 00:08:15,462 >> Reporter: THAT -- >> -- WHAT IT WAS. 152 00:08:15,462 --> 00:08:17,030 >> Reporter: THAT MAYBE THIS ISN'T MEDICAL. 153 00:08:17,030 --> 00:08:19,132 >> THAT YEAH, THERE WAS SOMETHING MORE TO IT 154 00:08:19,132 --> 00:08:21,267 IT JUST SEEMED THAT WAY. >> Reporter: HIS INSTINCT PROVED 155 00:08:21,267 --> 00:08:23,370 RIGHT. STILL, HE DIDN'T EXPECT WHAT 156 00:08:23,370 --> 00:08:26,039 CAME NEXT INSIDE THE HOME OF TOM AND KELLEY CLAYTON 157 00:08:26,039 --> 00:08:28,641 THIS IS FOOTAGE FROM THE BODY CAMERA SWAN WAS WEARING THAT 158 00:08:28,641 --> 00:08:31,311 NIGHT. HE ARRIVED TO FIND A MAN OUTSIDE 159 00:08:31,311 --> 00:08:33,947 COMING TOWARDS HIM IT WAS A NEIGHBOR. 160 00:08:33,947 --> 00:08:36,616 >> HI, HOW YOU DOING >> I'M OKAY. 161 00:08:36,616 --> 00:08:40,053 >> WHAT'S GOING ON >> TOM JUST CAME 162 00:08:40,053 --> 00:08:41,554 I'M THE NEIGHBOR TOM JUST CAME OVER AND GOT ME 163 00:08:41,554 --> 00:08:43,823 OUT OF BED >> WHY 164 00:08:43,823 --> 00:08:45,125 >> THERE'S -- HE'S RIGHT IN THE HOUSE. 165 00:08:45,125 --> 00:08:47,260 HE'S - >> OKAY, WHAT HAPPENED THOUGH? 166 00:08:47,260 --> 00:08:49,396 >> HIS WIFE IS IN THERE. >> I WENT IN, LOCATED 167 00:08:49,396 --> 00:08:51,664 MR. CLAYTON. AND HE WAS KIND OF DOWN ON HIS 168 00:08:51,664 --> 00:08:53,166 KNEES. KIND OF BOBBING UP AND DOWN, 169 00:08:53,166 --> 00:08:54,834 VISIBLY UPSET AND IN THE HALLWAY BETWEEN THE HALLWAY AND THE 170 00:08:54,834 --> 00:08:56,836 TRANSITION AREA BETWEEN THE HALLWAY AND THE DINING ROOM. 171 00:08:56,836 --> 00:08:58,438 >> ANYBODY ELSE IN THE HOUSE, TOM? 172 00:08:58,438 --> 00:09:00,106 JUST YOU >> OH, MY GOD THE KIDS ARE AT 173 00:09:00,106 --> 00:09:02,108 THE NEIGHBOR'S HOUSE >> I SAY, "WHERE'S YOUR WIFE?" 174 00:09:02,108 --> 00:09:04,744 AND HE POINTED TO THE KITCHEN AREA 175 00:09:04,744 --> 00:09:06,680 AND THAT IS WHEN I WALKED AROUND AND I LOCATED THE VICTIM ON THE 176 00:09:06,680 --> 00:09:08,481 KITCHEN FLOOR. >> OH, OH. 177 00:09:08,481 --> 00:09:10,050 OKAY >> Reporter: IT WAS TOM'S WIFE 178 00:09:10,050 --> 00:09:12,152 KELLEY RIGHT AWAY THE DEPUTY KNEW SHE'D 179 00:09:12,152 --> 00:09:14,788 BEEN MURDERED. WHAT DID YOU SEE 180 00:09:14,788 --> 00:09:17,357 >> THE VICTIM. THERE WAS BLOOD, BLOOD SPATTER 181 00:09:17,357 --> 00:09:21,628 ON WALLS, CEILING. VICTIM HAD BLOOD POOLING AROUND 182 00:09:21,628 --> 00:09:24,798 HER HEAD >> TOM, WHERE WERE YOU WHEN THIS 183 00:09:24,798 --> 00:09:27,400 ALL WENT DOWN? >> PLAYING POKER WITH MY 184 00:09:27,400 --> 00:09:30,637 BUDDIES. >> Reporter: TOM SAID HE HAD 185 00:09:30,637 --> 00:09:33,773 JUST COME HOME FROM A POKER GAME TO FIND KELLEY DEAD ON THE FLOOR 186 00:09:33,773 --> 00:09:36,309 AND HIS 7-YEAR-OLD DAUGHTER SAYING SOMETHING ABOUT A 187 00:09:36,309 --> 00:09:39,045 BREAK-IN >> I CAME HOME AND MY DAUGHTER 188 00:09:39,045 --> 00:09:41,581 SAID THERE WAS A ROBBER IN THE HOUSE AND SHE SAW THEM 189 00:09:41,581 --> 00:09:44,284 >> OKAY. COME ON OUT HERE, MAN. 190 00:09:44,284 --> 00:09:45,885 COME OUT HERE. I WANT YOU TO HAVE A SEAT. 191 00:09:45,885 --> 00:09:47,454 YOU DON'T NEED TO SEE THAT ANY MORE OKAY? 192 00:09:47,454 --> 00:09:49,055 >> Reporter: HIS KIDS WERE HOME? >> KIDS WERE HOME WHEN THIS 193 00:09:49,055 --> 00:09:51,157 OCCURRED >> Reporter: WHERE WERE THEY 194 00:09:51,157 --> 00:09:58,665 >> WHEN I GOT ON SCENE, HE HAD TAKEN THEM TO THE NEIGHBOR 195 00:09:58,665 --> 00:10:02,469 SO I NEVER SAW THE KIDS. >> THE OFFICER LED TOM TO HIS 196 00:10:02,469 --> 00:10:05,205 PATROL CAR >> ALL RIGHT, COME ON. 197 00:10:05,205 --> 00:10:07,907 >> CAN I GET SOME WATER? >> YEAH, WE'LL GET YOU WATER, 198 00:10:07,907 --> 00:10:09,809 BUD. TAKE IT EASY 199 00:10:09,809 --> 00:10:18,918 TAKE IT EASY YOU'RE NOT IN TROUBLE. 200 00:10:18,918 --> 00:10:20,987 I'M JUST GOING TO HAVE YOU TAKE A SEAT SO WE CAN TALK TO YOU, 201 00:10:20,987 --> 00:10:22,555 ALRIGHT? TAKE IT EASY 202 00:10:22,555 --> 00:10:24,657 YOU'RE NOT IN TROUBLE, JUST SIT RIGHT DOWN 203 00:10:24,657 --> 00:10:26,793 I'M GOING TO LEAVE THE DOOR OPEN 204 00:10:26,793 --> 00:10:28,561 JUST SIT RIGHT THERE AND RELAX >> Reporter: THEN THE DEPUTY AND 205 00:10:28,561 --> 00:10:30,463 HIS PARTNER WENT BACK INSIDE THE HOUSE TO MAKE SURE THE KILLER 206 00:10:30,463 --> 00:10:32,532 WASN'T STILL HIDING INSIDE >> OK. 207 00:10:32,532 --> 00:10:35,035 KID'S ROOM THIS ONE'S CLEAR 208 00:10:35,035 --> 00:10:37,804 >> Reporter: AS THEY SEARCHED, GUNS DRAWN, IT BECAME CLEAR HOW 209 00:10:37,804 --> 00:10:40,440 THE CRIME UNFOLDED >> THERE'S BLOOD ALL OVER UP 210 00:10:40,440 --> 00:10:46,112 HERE >> FROM WHAT I COULD SEE, THE 211 00:10:46,112 --> 00:10:50,517 ATTACK STARTED IN THE MAIN BEDROOM, WENT OUT INTO THE 212 00:10:50,517 --> 00:10:53,953 HALLWAY. A FIGHT ENSUED 213 00:10:53,953 --> 00:10:57,057 LOOKED LIKE THERE WAS A PICTURE KNOCKED OFF-THE-WALL 214 00:10:57,057 --> 00:10:59,192 THERE WAS A LANDING. THE STAIRS GO STRAIGHT DOWN. 215 00:10:59,192 --> 00:11:00,760 AND THEN THERE'S A LEFT TURN LANDING. 216 00:11:00,760 --> 00:11:02,896 AND THERE WAS A BIG HOLE IN THE WALL, LIKE WHERE A BODY PART OF 217 00:11:02,896 --> 00:11:04,464 SOME KIND HAD GONE INTO THE WALL AND BROKE THE WALL 218 00:11:04,464 --> 00:11:06,066 I KNEW THAT JUST FROM MY EXPERIENCE, TRAINING THAT, 219 00:11:06,066 --> 00:11:08,168 "OKAY, THIS STARTED UP HERE AND WORKED ITS WAY DOWN THERE. 220 00:11:08,168 --> 00:11:09,669 >> Reporter: AND SHE WAS FIGHTING 221 00:11:09,669 --> 00:11:11,838 >> SHE WAS FIGHTING. YES, SHE WAS FIGHTING. 222 00:11:11,838 --> 00:11:13,506 >> Reporter: NEXT THEY SEARCHED THE BASEMENT AND THE REST OF THE 223 00:11:13,506 --> 00:11:15,475 HOUSE. >> I DON'T SEE ANY BLOOD DOWN 224 00:11:15,475 --> 00:11:18,111 HERE AT ALL. NOTHING THERE. 225 00:11:18,111 --> 00:11:19,679 >> Reporter: WERE YOU ABLE TO CLEAR THE HOUSE? 226 00:11:19,679 --> 00:11:22,349 DID YOU FIND A ROBBER? DID YOU FIND - 227 00:11:22,349 --> 00:11:24,451 >> NOPE. >> Reporter: -- AN INTRUDER OR 228 00:11:24,451 --> 00:11:26,553 ANY EVIDENCE OF AN INTRUDER? >> YEAH, WE CLEARED THE HOUSE. 229 00:11:26,553 --> 00:11:28,655 AND WE FOUND NO -- NOBODY IN THE HOUSE. 230 00:11:28,655 --> 00:11:30,757 >> Reporter: AND NO SIGN OF FORCED ENTRY 231 00:11:30,757 --> 00:11:32,826 BUT WHEN THEY WENT INTO THE GARAGE THEY REALIZED HOW THE 232 00:11:32,826 --> 00:11:35,929 KILLER MIGHT HAVE GOTTEN IN AND OUT. 233 00:11:35,929 --> 00:11:40,100 >> SIDE DOOR TO THE GARAGE WAS OPEN WITH THE INNER DOOR OPEN 234 00:11:40,100 --> 00:11:42,802 THAT GOES INTO A LAUNDRY ROOM. THAT DOOR FROM THE LAUNDRY ROOM 235 00:11:42,802 --> 00:11:46,473 INTO THE KITCHEN WAS ALSO OPEN >> Reporter: BY THEN, MORE 236 00:11:46,473 --> 00:11:49,909 OFFICERS HAD ARRIVED AND TOM CLAYTON, OUTSIDE BY A 237 00:11:49,909 --> 00:11:52,245 POLICE CAR, WAS STILL A MESS >> COME ON OVER HERE AND SIT 238 00:11:52,245 --> 00:11:54,848 DOWN >> I CAN'T, I CAN'T. 239 00:11:54,848 --> 00:11:56,950 I'M SHAKING. >> WELL, THAT'S WHAT I'M SAYING. 240 00:11:56,950 --> 00:11:59,119 YOU WANT TO SIT DOWN SOMEWHERE SIT DOWN 241 00:11:59,119 --> 00:12:00,754 >> I KEEP DOING IT I KEEP SITTING DOWN AND GETTING 242 00:12:00,754 --> 00:12:05,458 BACK UP. >> I SAY CALM HIM DOWN AND SAY, 243 00:12:05,458 --> 00:12:07,160 "CALM DOWN SIT DOWN 244 00:12:07,160 --> 00:12:09,062 RELAX. AND JUST TELL HIM, "HEY WE JUST 245 00:12:09,062 --> 00:12:10,663 NEED YOU TO STICK AROUND BECAUSE WE HAVE TO TALK TO YOU, TRY TO 246 00:12:10,663 --> 00:12:12,699 FIND OUT WHAT HAPPENED HERE. >> Reporter: BUT TO FIND OUT 247 00:12:12,699 --> 00:12:14,801 WHAT HAPPENED, THEY'D HAVE TO GO TO ANOTHER HOUSE WHERE ONE OF 248 00:12:14,801 --> 00:12:16,870 THE COUNTY'S TOP LAWMEN WAS ABOUT TO PERFORM ONE OF THE MOST 249 00:12:16,870 --> 00:12:19,539 DIFFICULT INTERVIEWS OF HIS CAREER 250 00:12:19,539 --> 00:12:22,242 >> IT TOOK ME, PERSONALLY, A LONG TIME TO GET TO WORK THROUGH 251 00:12:22,242 --> 00:12:25,779 IN MY OWN MIND IT STAYED WITH ME QUITE AWHILE 252 00:12:25,779 --> 00:12:28,948 >>> COMING UP -- A CHILD WITNESS. 253 00:12:28,948 --> 00:12:31,084 >> SHE OBSERVED MOMMY FIGHTING WITH WHAT SHE TERMED AS "THE 254 00:12:31,084 --> 00:12:33,620 ROBBER." >> AND A CHILLING SUSPICION. 255 00:12:33,620 --> 00:12:35,722 >> I JUST REMEMBER COREY WALKING UP AND DOWN THE ROAD THE WHOLE 256 00:12:35,722 --> 00:12:37,791 TIME "SOMETHING'S NOT RIGHT 257 00:12:37,791 --> 00:12:57,510 SOMETHING IS NOT RIGHT." RACED TO THE SCENE 258 00:12:57,510 --> 00:13:03,249 SHE'D GOTTEN THE CALL. KELLEY HAD BEEN HURT BADLY 259 00:13:03,249 --> 00:13:06,920 >> SO IT'S PITCH BLACK AND ALL YOU SEE ARE NEW YORK 260 00:13:06,920 --> 00:13:11,057 STATE TROOPER CARS, SHERIFF CARS, CORNING POLICE CARS. 261 00:13:11,057 --> 00:13:14,260 I SEE AMBULANCES ALL THESE LIGHTS 262 00:13:14,260 --> 00:13:19,532 >> OH, GOD, WHERE'S MY SISTER? >> I FIRST RUN TO THE AMBULANCE, 263 00:13:19,532 --> 00:13:22,669 BECAUSE I THINK THEY'RE GOING TO BE WORKING ON MY SISTER. 264 00:13:22,669 --> 00:13:26,906 I'M LIKE, "WHERE'S MY SISTER WHERE IS SHE?" 265 00:13:26,906 --> 00:13:32,145 >> Reporter: POLICE EXPLAINED THE AWFUL TRUTH, KELLEY WAS 266 00:13:32,145 --> 00:13:37,951 DEAD >> WE WERE SCREAMING, WAILING. 267 00:13:37,951 --> 00:13:40,553 I MEAN, I WAS THROWING UP ON THE SIDE OF THE ROAD 268 00:13:40,553 --> 00:13:44,224 >> YOU CAN'T BELIEVE SHE'S DEAD. I MEAN, IT'S, LIKE, IT'S 269 00:13:44,224 --> 00:13:46,292 INCONCEIVABLE THAT SHE COULD BE DEAD 270 00:13:46,292 --> 00:13:48,895 >> THEY WOULDN'T LET YOU SEE KELLEY EITHER, RIGHT 271 00:13:48,895 --> 00:13:50,997 >> NO. THEY JUST KEPT SAYING, "KIM, YOU 272 00:13:50,997 --> 00:13:53,667 DON'T WANT TO SEE HER. >> WAS YOUR FIRST INSTINCT THAT 273 00:13:53,667 --> 00:13:56,269 MAYBE THERE WAS SOME KIND OF A HOME INVASION? 274 00:13:56,269 --> 00:14:00,440 >> YES, IT WAS >> SOME STRANGER 275 00:14:00,440 --> 00:14:05,679 >> YES, IT WAS >> Reporter: KELLEY'S BEST 276 00:14:05,679 --> 00:14:12,052 FRIEND GOT A CALL FROM KIM'S HUSBAND COREY. 277 00:14:12,052 --> 00:14:14,621 >> AND MY DAD DROVE ME THERE AND BY THE TIME I GOT THERE, 278 00:14:14,621 --> 00:14:17,724 EVERYONE WAS THERE >> I JUST REMEMBER COREY 279 00:14:17,724 --> 00:14:19,959 CLENCHING, KEEP CLENCHING HIS FISTS, AND WALKING UP AND DOWN 280 00:14:19,959 --> 00:14:23,496 THE ROAD THE WHOLE TIME. SOMETHING'S NOT RIGHT. 281 00:14:23,496 --> 00:14:26,566 SOMETHING'S IS NOT RIGHT SOMETHING DOESN'T ADD UP 282 00:14:26,566 --> 00:14:29,836 AND WE WERE ALL JUST SO CONFUSED 283 00:14:29,836 --> 00:14:31,938 THEY WOULDN'T TELL US ANYTHING >> NOTHING, YOU KNEW NOTHING 284 00:14:31,938 --> 00:14:34,574 >> NOTHING >> CAN ONE OF YOU STAY WITH HIM? 285 00:14:34,574 --> 00:14:36,142 THAT'S THE HUSBAND >> Reporter: ONE COMFORT, 286 00:14:36,142 --> 00:14:38,778 OFFICERS TOLD THE FAMILY THAT KELLEY'S CHILDREN WERE SAFE AT A 287 00:14:38,778 --> 00:14:40,880 NEIGHBOR'S HOUSE THEY DIDN'T MENTION WHAT THE 288 00:14:40,880 --> 00:14:43,516 LITTLE GIRL HAD BEEN THROUGH >> SHE SAW EVERYTHING. 289 00:14:43,516 --> 00:14:46,152 AND SHE SAW IT HAPPEN. >> Reporter: STEUBEN COUNTY 290 00:14:46,152 --> 00:14:49,823 SHERIFF JIM ALLARD INTERVIEWED THE 7-YEAR-OLD THAT NIGHT. 291 00:14:49,823 --> 00:14:52,859 HE WAS ASTONISHED BY HER POISE AND BRAVERY AS SHE GAVE HIM THE 292 00:14:52,859 --> 00:14:55,595 DETAILS OF WHAT HAD HAPPENED >> HER STORY BEGINS THAT SHE WAS 293 00:14:55,595 --> 00:14:58,865 IN HER ROOM PLAYING ON HER TABLET, AND SHE SAID SHE HEARD 294 00:14:58,865 --> 00:15:01,868 MOMMY YELLING "RUN." MOMMY GOT TO HER DOOR AND GOT 295 00:15:01,868 --> 00:15:04,504 THE DOOR CLOSED. THEN SHE HEARD MORE COMMOTION. 296 00:15:04,504 --> 00:15:07,674 SHE OPENED, WENT INTO THE HALLWAY, FOLLOWED THE COMMOTION 297 00:15:07,674 --> 00:15:10,377 DOWN THE HALLWAY TO THE STEPS AND TO THE KITCHEN AND OBSERVED 298 00:15:10,377 --> 00:15:12,912 MOMMY FIGHTING WITH WHAT SHE TERMED AS "THE ROBBER. 299 00:15:12,912 --> 00:15:16,549 SHE GOT UP AND PANTOMIMED FOR ME OF A PERSON STANDING OVER 300 00:15:16,549 --> 00:15:29,696 ANOTHER PERSON WITH AN OBJECT IN THEIR HAND, STRIKING THAT PERSON 301 00:15:29,696 --> 00:15:35,468 THAT WAS ON THE GROUND AND SHE DESCRIBED THE OBJECT AS 302 00:15:35,468 --> 00:15:40,173 A CYLINDER THAT THE ROBBER, AS SHE KEPT CALLING HIM, USED 303 00:15:40,173 --> 00:15:43,843 >> Reporter: SHE WENT ON TO GIVE THE SHERIFF A DETAILED 304 00:15:43,843 --> 00:15:47,547 DESCRIPTION OF THE SO-CALLED "ROBBER'S" APPEARANCE. 305 00:15:47,547 --> 00:15:51,751 >> SHE DESCRIBED THE PERSON TO ME AS A MALE WEARING JEANS AND A 306 00:15:51,751 --> 00:15:54,921 DARK SHIRT AND A MASK. AND I OFFICIALLY ASKED HER, YOU 307 00:15:54,921 --> 00:15:57,557 KEEP SAYING IT'S A MAN HOW DO YOU KNOW IT'S A MAN 308 00:15:57,557 --> 00:16:00,160 AND SHE TOLD ME, "BECAUSE OF HIS EYES." 309 00:16:00,160 --> 00:16:03,830 AND I SAID, WELL, WHAT ABOUT HIS EYES LET YOU KNOW IT'S A MAN 310 00:16:03,830 --> 00:16:09,636 SHE SAID, HIS EYES ARE JUST LIKE DADDY'S. 311 00:16:09,636 --> 00:16:11,738 SO THEN I STOOD UP AND I SAID, HOW TALL WAS THE GUY 312 00:16:11,738 --> 00:16:13,840 WAS HE TALLER THAN ME OR WAS HE SHORTER THAN ME? 313 00:16:13,840 --> 00:16:15,442 SHE SAID, "HE WAS SAME HEIGHT AS DADDY. 314 00:16:15,442 --> 00:16:17,077 AND I SAID, OKAY AND THEN I SAID, HOW MUCH DID HE 315 00:16:17,077 --> 00:16:19,079 WEIGH? DOES HE -- WAS HE HEAVIER THAN 316 00:16:19,079 --> 00:16:22,248 ME WAS HE THINNER THAN ME 317 00:16:22,248 --> 00:16:25,919 HE WAS THE SAME AS DADDY AND SHE SAYS, "AND THE MASK HE 318 00:16:25,919 --> 00:16:28,054 HAD ON IS JUST LIKE DADDY'S MASK THAT HE WEARS HUNTING. 319 00:16:28,054 --> 00:16:31,691 >> Reporter: THE GIRL SAID THAT AFTER THE ROBBER LEFT, SHE 320 00:16:31,691 --> 00:16:35,328 RUSHED TO HUG HER MOTHER, AND THEN KNEW THERE WAS ONE MORE 321 00:16:35,328 --> 00:16:38,531 THING TO DO. SHE HAD TO GO UPSTAIRS AND TAKE 322 00:16:38,531 --> 00:16:42,402 CARE OF HER 3-YEAR-OLD BROTHER > Reporter: TO THE SHERIFF, THE 323 00:16:42,402 --> 00:16:46,406 7-YEAR-OLD'S STORY WAS BOTH CHILLING AND HEARTBREAKING 324 00:16:46,406 --> 00:16:54,080 >> IT WAS A MEMORY I'LL HAVE WITH ME THE REST OF MY LIFE. 325 00:16:54,080 --> 00:16:57,951 IT'S ONE OF THOSE THAT TAKES A LITTLE PART OF YOU WITH THEM 326 00:16:57,951 --> 00:17:00,587 HERE'S A LITTLE GIRL WHO DOES REMIND ME VERY MUCH OF MY OWN 327 00:17:00,587 --> 00:17:02,122 DAUGHTER AND SHE'S WORKING THROUGH, "I 328 00:17:02,122 --> 00:17:04,758 JUST WATCHED MOMMY BRUTALLY ATTACKED 329 00:17:04,758 --> 00:17:07,927 IT COULD BE DADDY. WHERE AM I 330 00:17:07,927 --> 00:17:10,563 WHERE DOES THIS LEAVE ME >> Reporter: BUT COULD IT BE 331 00:17:10,563 --> 00:17:12,632 TRUE DID SHE REALLY JUST SEE HER 332 00:17:12,632 --> 00:17:15,268 FATHER KILL HER MOTHER THIS HAD BEEN A VERY BLOODY 333 00:17:15,268 --> 00:17:18,438 MURDER AND DEPUTY DEAN SWAN HAD LOOKED 334 00:17:18,438 --> 00:17:20,540 TOM CLAYTON OVER CAREFULLY >> DID TOM HAVE ANY BLOOD ON 335 00:17:20,540 --> 00:17:23,176 HIM? >> I DID NOT SEE ANY ON HIM. 336 00:17:23,176 --> 00:17:25,311 NO NOPE 337 00:17:25,311 --> 00:17:27,947 I ACTUALLY CHECKED HIM FOR ANY INJURIES, OR ANY BLOOD, OR 338 00:17:27,947 --> 00:17:30,817 ANYTHING ON HIM. AND HE HAD NOTHING 339 00:17:30,817 --> 00:17:33,720 >> Reporter: TOM HAD TOLD THE DEPUTY HE'D ONLY JUST COME IN 340 00:17:33,720 --> 00:17:36,322 THE DOOR TO FIND HIS WIFE DEAD HE'D BEEN GONE ALL NIGHT AT HIS 341 00:17:36,322 --> 00:17:38,458 FRIENDS' HOUSE, THE MILLERS, PLAYING POKER. 342 00:17:38,458 --> 00:17:41,061 SO THAT'S WHERE INVESTIGATORS WENT 343 00:17:41,061 --> 00:17:44,197 >> I HEARD THE BANGING ON THE DOOR AND RINGING OF THE 344 00:17:44,197 --> 00:17:46,800 DOORBELL AND I WOKE HIM UP. 345 00:17:46,800 --> 00:17:48,935 I'M LIKE, SOMEBODY'S BANGING AT THE DOOR 346 00:17:48,935 --> 00:17:51,071 >> WHAT TIME IS THIS >> THIS IS, LIKE, 6:00 IN THE 347 00:17:51,071 --> 00:17:53,106 MORNING. >> 6:00. 348 00:17:53,106 --> 00:17:55,241 >> RIGHT >> THAT'S PRETTY EARLY TO GET A 349 00:17:55,241 --> 00:17:58,445 KNOCK ON THE DOOR. >> "NOTHING GOOD HAPPENS FROM 350 00:17:58,445 --> 00:18:01,114 ANSWERING THE DOOR-- >> RIGHT 351 00:18:01,114 --> 00:18:03,116 >> AT 6:00 IN THE MORNING. >> Reporter: WHEN GREG REALIZED 352 00:18:03,116 --> 00:18:05,218 IT WAS THE POLICE AT HIS DOOR, HIS FIRST THOUGHT WAS THAT HIS 353 00:18:05,218 --> 00:18:07,320 DAUGHTERS HAD BEEN IN A CAR ACCIDENT 354 00:18:07,320 --> 00:18:13,626 >> THE INVESTIGATOR TOLD ME, "NO, NOTHING IS WRONG WITH YOUR 355 00:18:13,626 --> 00:18:17,831 DAUGHTERS. DID A GUY NAMED HOCKEY PUCK, AS 356 00:18:17,831 --> 00:18:21,501 YOU KNOW HIM, OR TOM, PLAY POKER HERE LAST NIGHT? 357 00:18:21,501 --> 00:18:26,773 >> HOCKEY PUCK IS TOM'S NICKNAME 358 00:18:26,773 --> 00:18:29,909 >> CORRECT AND I SAID, "YES, HE DID." 359 00:18:29,909 --> 00:18:32,545 HE SAID, "WELL, WHEN HE WENT HOME HE FOUND HIS WIFE MURDERED 360 00:18:32,545 --> 00:18:34,114 LAST NIGHT." >> WOW 361 00:18:34,114 --> 00:18:36,249 >> AND INSTANTLY IT WAS, LIKE, WE'RE LOOKING AT EACH OTHER AND 362 00:18:36,249 --> 00:18:38,852 IT WAS LIKE WE'RE IN A STATE OF SHOCK. 363 00:18:38,852 --> 00:18:43,556 AND I SAID, "OBVIOUSLY YOU PROBABLY WANT TO COME IN." 364 00:18:43,556 --> 00:18:46,126 >> Reporter: GREG GAVE THE OFFICERS THE DETAILS OF THE 365 00:18:46,126 --> 00:18:48,928 PREVIOUS NIGHT TOM HAD BEEN IN HIS BASEMENT 366 00:18:48,928 --> 00:18:51,965 PLAYING POKER UNTIL AROUND MIDNIGHT 367 00:18:51,965 --> 00:18:54,567 >> AND NORMALLY WHAT TIME DID THE GAME WRAP UP 368 00:18:54,567 --> 00:18:57,837 >> USUALLY THE GAMES WOULD GO AT 1:30 369 00:18:57,837 --> 00:18:59,806 BUT WE QUIT AT 12:00, AND BY THE TIME EVERYBODY GOT OUT OF THERE, 370 00:18:59,806 --> 00:19:02,409 IT WAS ABOUT 12:10 >> Reporter: IT SOUNDED LIKE TOM 371 00:19:02,409 --> 00:19:05,045 WAS TELLING INVESTIGATORS THE TRUTH ABOUT WHERE HE'D BEEN AT 372 00:19:05,045 --> 00:19:07,147 POKER NIGHT. THEY LATER DETERMINED THE MURDER 373 00:19:07,147 --> 00:19:10,016 HAPPENED BEFORE THE GAME WRAPPED UP 374 00:19:10,016 --> 00:19:11,885 >> THIS IS A REAL WHODUNIT >> YEAH. 375 00:19:11,885 --> 00:19:14,020 VERY MUCH SO >> COME ON OVER HERE, TOM. 376 00:19:14,020 --> 00:19:16,623 YOU'RE NOT IN TROUBLE, OKAY? I'M JUST GOING TO HAVE YOU HAVE 377 00:19:16,623 --> 00:19:19,192 A SEAT SO WE CAN TALK TO YOU >> Reporter: SO DESPITE WHAT THE 378 00:19:19,192 --> 00:19:22,929 LITTLE GIRL THOUGHT SHE SAW, THE INVESTIGATION WAS FAR FROM OVER. 379 00:19:22,929 --> 00:19:27,100 AUTHORITIES WERE ASKING, WHO ON EARTH WOULD WANT KELLEY CLAYTON 380 00:19:27,100 --> 00:19:30,804 DEAD >>> COMING UP -- 381 00:19:30,804 --> 00:19:37,077 >> I REMEMBER KELLEY, YOU KNOW, NOT WANTING TO BE HOME ALONE IF 382 00:19:37,077 --> 00:19:39,179 HE WAS THERE >> A SUSPECT WHO'S NO SURPRISE 383 00:19:39,179 --> 00:19:41,348 TO SOME. AND A SECOND SUSPECT WHO IS. 384 00:19:41,348 --> 00:19:59,733 >> IT DOESN'T FEEL LIKE A SLAM DUNK HERE. 385 00:19:59,733 --> 00:20:02,402 >> Reporter: INVESTIGATORS WERE TRYING TO FIGURE OUT WHAT HAD 386 00:20:02,402 --> 00:20:04,504 HAPPENED IN THE MURDER OF KELLEY CLAYTON. 387 00:20:04,504 --> 00:20:07,674 THEY WERE LOOKING TO THE FAMILY FOR LEADS. 388 00:20:07,674 --> 00:20:09,709 >> THEY WERE LIKE, "LISTEN, LIKE, DO YOU GUYS KNOW OF ANYONE 389 00:20:09,709 --> 00:20:11,344 THAT POSSIBLY, LIKE, COULD OF DONE THIS? 390 00:20:11,344 --> 00:20:12,879 >> Reporter: KELLEY'S NIECE MOLLY HAD AN IDEA. 391 00:20:12,879 --> 00:20:15,115 >> I KIND OF, LIKE, LOOKED AT MY MOM. 392 00:20:15,115 --> 00:20:18,118 AND I WAS LIKE, "YEAH. >> Reporter: MOLLY, ONLY 16 AT 393 00:20:18,118 --> 00:20:20,754 THE TIME, TOLD POLICE SHE'D SPENT THE SUMMER WORKING FOR HER 394 00:20:20,754 --> 00:20:23,923 UNCLE AT HIS RESTORATION BUSINESS, SERVPRO. 395 00:20:23,923 --> 00:20:27,594 AND THERE SHE MET ONE OF HIS EMPLOYEES. 396 00:20:27,594 --> 00:20:30,730 A MAN NAMED MICHAEL BEARD. TOM TOLD HER TO KEEP HER 397 00:20:30,730 --> 00:20:32,799 DISTANCE >> HE NEVER REALLY WANTED ME 398 00:20:32,799 --> 00:20:40,206 AROUND MICHAEL BEARD HE DIDN'T WANT ME, LIKE, WORKING 399 00:20:40,206 --> 00:20:42,308 WITH HIM >> Reporter: MICHAEL BEARD WAS 400 00:20:42,308 --> 00:20:44,911 NO STRANGER TO THE FAMILY. >> HE ACTUALLY HAD DONE WORK AT 401 00:20:44,911 --> 00:20:57,757 MY SISTER'S HOME MY SISTER WOULD GIVE HIS 402 00:20:57,757 --> 00:20:59,325 DAUGHTER HAND-ME-DOWNS, CLOTHES, TOYS 403 00:20:59,325 --> 00:21:01,428 MY SISTER WOULD MAKE LUNCH FOR HIM WHEN HE WAS THERE WORKING AT 404 00:21:01,428 --> 00:21:04,064 HER HOME >> Reporter: WHILE KELLEY WAS 405 00:21:04,064 --> 00:21:06,099 KIND TO BEARD, SHE TOLD HER SISTER SHE DIDN'T ALWAYS FEEL 406 00:21:06,099 --> 00:21:08,768 COMFORTABLE AROUND HIM >> I REMEMBER KELLEY, YOU KNOW, 407 00:21:08,768 --> 00:21:10,337 NOT WANTING TO BE HOME ALONE IF HE WAS THERE 408 00:21:10,337 --> 00:21:12,472 YOU KNOW, HE -- HE WAS CIVIL HE WAS NICE. 409 00:21:12,472 --> 00:21:14,541 BUT I'D -- I DON'T THINK SHE WANTED TO BE LEFT HOME ALONE 410 00:21:14,541 --> 00:21:16,776 >> Reporter: NOW, MOLLY TOLD INVESTIGATORS THAT HER UNCLE TOM 411 00:21:16,776 --> 00:21:18,778 HAD RECENTLY FIRED BEARD >> MICHAEL BEARD WAS FIRED 412 00:21:18,778 --> 00:21:20,847 SEPTEMBER 17TH AND THEN KELLEY WAS MURDERED 413 00:21:20,847 --> 00:21:23,483 THE, LIKE, NIGHT OF THE 28TH, 29TH 414 00:21:23,483 --> 00:21:27,087 SO IT WASN'T LONG AT ALL >> Reporter: WAS IT POSSIBLE 415 00:21:27,087 --> 00:21:30,523 THAT BEARD WAS ANGRY ABOUT LOSING HIS JOB AND THAT KELLEY'S 416 00:21:30,523 --> 00:21:33,426 MURDER WAS SOME KIND OF REVENGE? MOLLY WENT THROUGH HER CELL 417 00:21:33,426 --> 00:21:36,096 PHONE AND HER FACEBOOK CONTACTS AND GAVE INVESTIGATORS BEARD'S 418 00:21:36,096 --> 00:21:38,131 ADDRESS. >> I GAVE THAT TO THEM 419 00:21:38,131 --> 00:21:41,801 AND THEY WERE JUST LIKE, "OKAY, THANK YOU. 420 00:21:41,801 --> 00:21:45,271 >> Reporter: THE STEUBEN COUNTY SHERIFF'S OFFICE NEEDED ALL 421 00:21:45,271 --> 00:21:47,107 HANDS ON DECK AND CALLED IN THE NEW YORK STATE POLICE FOR 422 00:21:47,107 --> 00:21:49,642 ASSISTANCE >> I WAS CONTACTED BY 423 00:21:49,642 --> 00:21:55,348 INVESTIGATORS THE DAY OF THE HOMICIDE 424 00:21:55,348 --> 00:22:02,288 >> Reporter: INVESTIGATOR MATT LAMBERT WAS ASSIGNED TO RUN DOWN 425 00:22:02,288 --> 00:22:07,761 THE MICHAEL BEARD LEAD WHAT DID YOU KNOW ABOUT MICHAEL 426 00:22:07,761 --> 00:22:10,397 BEARD'S BACKGROUND >> HE ACTUALLY WAS A PRETTY 427 00:22:10,397 --> 00:22:12,499 WELL-RESPECTED EMPLOYEE UNTIL SEPTEMBER 17TH, WHEN -- WHEN TOM 428 00:22:12,499 --> 00:22:14,567 HAD FIRED HIM. >> Reporter: WHY DID TOM FIRE 429 00:22:14,567 --> 00:22:16,670 HIM? >> STEALING FROM JOBS AND 430 00:22:16,670 --> 00:22:18,271 DRINKING, I THINK, ON THE JOB AND THAT HE FIRED HIM ON THE 431 00:22:18,271 --> 00:22:20,340 17TH BECAUSE THERE'S MAYBE SOME COMPLAINTS FROM OTHER EMPLOYEES 432 00:22:20,340 --> 00:22:21,908 AT SERVPRO >> Reporter: SO THERE'S SOME 433 00:22:21,908 --> 00:22:23,476 ISSUES THERE >> RIGHT 434 00:22:23,476 --> 00:22:25,578 >> Reporter: BUT BEARD WAS POLITE AND COOPERATIVE WHEN THE 435 00:22:25,578 --> 00:22:27,147 INVESTIGATOR KNOCKED ON HIS DOOR 436 00:22:27,147 --> 00:22:29,282 >> WE SAID, "HEY, CAN YOU, YOU KNOW, TAKE A RIDE WITH US UP TO 437 00:22:29,282 --> 00:22:30,850 THE BARRACKS." AND HE SAID, "YEAH, JUST LET ME 438 00:22:30,850 --> 00:22:32,519 LET MY WIFE KNOW." >> Reporter: AND HE ALREADY KNEW 439 00:22:32,519 --> 00:22:34,721 WHAT IT WAS ABOUT? >> WE TOLD HIM THAT WE WANT TO 440 00:22:34,721 --> 00:22:36,589 TALK TO HIM ABOUT THE -- THE HOMICIDE OF KELLEY CLAYTON 441 00:22:36,589 --> 00:22:38,658 >> Reporter: THE INVESTIGATOR ASKED BEARD WHERE HE WAS THE 442 00:22:38,658 --> 00:22:40,760 NIGHT OF KELLEY'S MURDER HE SAID HE WAS HOME EXCEPT FOR A 443 00:22:40,760 --> 00:22:42,929 BEER RUN >> HE ACTUALLY KIND OF ALIBIED 444 00:22:42,929 --> 00:22:47,634 HIMSELF AT THAT POINT SAYING THAT HE WAS AT THAT STORE THE 445 00:22:47,634 --> 00:22:49,502 NIGHT BEFORE, AND THAT SAME CLERK WORKING SHE COULD PROVE 446 00:22:49,502 --> 00:22:51,338 THAT HE WAS IN THE STORE THE NIGHT BEFORE 447 00:22:51,338 --> 00:22:53,406 >> Reporter: DID - DID HE EXPRESS THAT HE KNEW 448 00:22:53,406 --> 00:22:55,508 ANYTHING ABOUT KELLEY'S MURDER >> NO, HE DIDN'T SAY THAT HE 449 00:22:55,508 --> 00:22:57,110 KNEW A THING ABOUT THE MURDER. >> Reporter: IS HE TELLING YOU 450 00:22:57,110 --> 00:23:00,747 ANYTHING ABOUT TOM CLAYTON >> NO. 451 00:23:00,747 --> 00:23:03,316 JUST THAT HE HAD WORKED FOR HIM. >> Reporter: AND BEARD DENIED 452 00:23:03,316 --> 00:23:06,486 ANY HARD FEELINGS TOWARD HIS FORMER BOSS, SAID HE AND TOM 453 00:23:06,486 --> 00:23:10,123 WERE STILL FRIENDS IN FACT HE TOLD THE INVESTIGATOR 454 00:23:10,123 --> 00:23:12,192 IT WAS TOM'S PARTNER WHO FIRED HIM, NOT TOM 455 00:23:12,192 --> 00:23:15,862 AND TOM WAS EVEN TRYING TO HELP BEARD FIND ANOTHER JOB 456 00:23:15,862 --> 00:23:18,665 >> Reporter: ARE YOU GETTING ANY BAD FEELING FROM HIM 457 00:23:18,665 --> 00:23:20,767 ARE YOU SUSPICIOUS OF HIM? >> NOT AT ALL. 458 00:23:20,767 --> 00:23:22,869 >> Reporter: SO YOU'RE THINKING THIS IS GOING TO BE SOMETHING 459 00:23:22,869 --> 00:23:24,404 THAT WE'RE GOING TO CROSS OFF THE LIST 460 00:23:24,404 --> 00:23:26,506 >> YES I DIDN'T EXPECT TO SEE HIM 461 00:23:26,506 --> 00:23:29,542 AGAIN. >> Reporter: TO THE INVESTIGATOR 462 00:23:29,542 --> 00:23:31,244 AND THOSE CLOSE TO KELLEY, MICHAEL BEARD DIDN'T SEEM LIKE A 463 00:23:31,244 --> 00:23:35,982 GOOD SUSPECT AFTER ALL >> Reporter: DID YOU THINK IT 464 00:23:35,982 --> 00:23:37,584 WAS -- IT WAS POSSIBLE THAT HE'S A DISGRUNTLED EMPLOYEE 465 00:23:37,584 --> 00:23:39,652 HE WAS, YOU KNOW, TAKING REVENGE? 466 00:23:39,652 --> 00:23:42,822 >> I DIDN'T. BECAUSE IF YOU'RE DISGRUNTLED, 467 00:23:42,822 --> 00:23:48,595 WHY WOULDN'T YOU KILL THE PERSON THAT YOU'RE DISGRUNTLED AGAINST? 468 00:23:48,595 --> 00:23:50,697 I MEAN, "I'M -- I'M ANGRY AT YOU, SO I'M GOING TO GO KILL 469 00:23:50,697 --> 00:23:52,799 YOUR WIFE. >> Reporter: BUT AS A MATTER OF 470 00:23:52,799 --> 00:23:54,901 PROCEDURE, THE INVESTIGATOR ASKED BEARD FOR A DNA SWAB AND 471 00:23:54,901 --> 00:23:57,003 PERMISSION TO LOOK THROUGH HIS CELL PHONE 472 00:23:57,003 --> 00:23:58,571 >> HE WAS VERY, VERY FORTHCOMING. 473 00:23:58,571 --> 00:24:01,207 VERY WILLING, NO PROBLEMS. JUST VERY COOPERATIVE. 474 00:24:01,207 --> 00:24:03,276 >> Reporter: WHILE THE STATE INVESTIGATOR WAS CHECKING OUT 475 00:24:03,276 --> 00:24:06,413 THE NOT-SO-PROMISING MICHAEL BEARD TIP, SHERIFF'S 476 00:24:06,413 --> 00:24:09,115 INVESTIGATORS HAD TOM DOWN AT THE STATION. 477 00:24:09,115 --> 00:24:12,786 DETECTIVE DONNIE LEWIS SAID THEY STILL HAD QUESTIONS. 478 00:24:12,786 --> 00:24:14,854 >> Reporter: FOR THE MOST PART, IT LOOKS PRETTY GOOD FOR TOM 479 00:24:14,854 --> 00:24:16,423 >> CORRECT >> Reporter: THIS ALIBI IS 480 00:24:16,423 --> 00:24:18,525 PRETTY STRONG. >> ABSOLUTELY. 481 00:24:18,525 --> 00:24:21,161 I MEAN, THE WITNESSES THAT SEE HIM AT THE POKER GAME, WE KNOW 482 00:24:21,161 --> 00:24:23,263 WHERE HE WAS ALL NIGHT >> Reporter: THAT'S NOT THE END 483 00:24:23,263 --> 00:24:25,331 OF THE STORY, THOUGH >> THAT IS NOT THE END OF THE 484 00:24:25,331 --> 00:24:28,068 STORY. >> Reporter: NOT THE END OF THE 485 00:24:28,068 --> 00:24:30,704 STORY BECAUSE THERE WAS SOMETHING INVESTIGATORS JUST 486 00:24:30,704 --> 00:24:33,807 COULDN'T GET AROUND, THE DAUGHTER'S STORY 487 00:24:33,807 --> 00:24:37,477 HER DESCRIPTION OF THE KILLER, IT WAS POWERFUL EVIDENCE THEY 488 00:24:37,477 --> 00:24:40,080 COULDN'T IGNORE. AND SO JUST HOURS AFTER THE 489 00:24:40,080 --> 00:24:42,649 MURDER - >> DEFENDANT WAS REMANDED IN 490 00:24:42,649 --> 00:24:44,751 STEUBEN COUNTY JAIL WITHOUT BAIL 491 00:24:44,751 --> 00:24:46,820 >> Reporter: THEY ARRESTED KELLEY'S HUSBAND TOM CLAYTON AND 492 00:24:46,820 --> 00:24:49,089 CHARGED HIM WITH MURDER. >> Reporter: HOW CAN YOU ARREST 493 00:24:49,089 --> 00:24:52,158 HIM? WHAT ARE YOU ARRESTING HIM BASED 494 00:24:52,158 --> 00:24:54,227 ON >> THERE -- THERE'S A LOT OF 495 00:24:54,227 --> 00:24:56,329 SUSPICION. THERE'S A LOT OF - 496 00:24:56,329 --> 00:24:58,465 AND BASICALLY WE HAVE TO HAVE PROBABLE CAUSE TO MAKE AN 497 00:24:58,465 --> 00:25:01,067 ARREST >> Reporter: WHAT WAS THE 498 00:25:01,067 --> 00:25:03,703 PROBABLE CAUSE >> THE BIGGEST THING, THE OLDEST 499 00:25:03,703 --> 00:25:05,772 CHILD HAD MADE COMMENTS THAT IT LOOKED LIKE DADDY, IT HAD 500 00:25:05,772 --> 00:25:11,544 DADDY'S EYES >> AND AS OF THE END OF TODAY -- 501 00:25:11,544 --> 00:25:13,680 >> Reporter: TANNER JUBENVILLE COVERED THE STORY FOR NBC 502 00:25:13,680 --> 00:25:16,116 AFFILIATE WETM-TV. >> I DON'T KNOW HOW THEY CHARGED 503 00:25:16,116 --> 00:25:17,851 HIM HONESTLY I DON'T KNOW HOW THEY CHARGED 504 00:25:17,851 --> 00:25:20,053 HIM SO QUICKLY >> Reporter: HE SAYS THE ARREST 505 00:25:20,053 --> 00:25:22,589 HAD EVERYONE IN THE NEWSROOM SCRATCHING THEIR HEADS 506 00:25:22,589 --> 00:25:24,657 >> THOMAS HAD A GREAT ALIBI. I MEAN, HE WAS AT A POKER GAME 507 00:25:24,657 --> 00:25:27,794 15 MINUTES AWAY. EVEN HOURS AFTER THEY ARRESTED 508 00:25:27,794 --> 00:25:39,339 HIM, I DON'T REALLY KNOW WHAT GROUNDS THEY HAD AS FAR AS 509 00:25:39,339 --> 00:25:41,441 ACTUAL EVIDENCE CONNECTING HIM TO THE DEATH 510 00:25:41,441 --> 00:25:43,543 >> Reporter: IF TOM WAS KILLER, THEN THERE HAD TO BE A HOLE IN 511 00:25:43,543 --> 00:25:45,078 THAT ROCK SOLID ALIBI. OR MAYBE THE AUTHORITIES, 512 00:25:45,078 --> 00:25:47,080 THINKING THE HUSBAND ALWAYS DOES IT, HAD ACTED TOO FAST 513 00:25:47,080 --> 00:25:49,716 >> IT DOESN'T FEEL LIKE A SLAM DUNK HERE, ARRESTING THIS MAN. 514 00:25:49,716 --> 00:25:52,352 >> NO, IT DOES NOT >>> COMING UP, THE MYSTERY OF 515 00:25:52,352 --> 00:25:56,156 THE MISSING PHONE CALL >> I PULLED UP MY PHONE AND I'M 516 00:25:56,156 --> 00:25:58,825 LIKE, SEE IF THERE WAS A NUMBER THERE. 517 00:25:58,825 --> 00:26:17,510 AND THERE WAS NOTHING. >> Reporter: STEUBEN COUNTY 518 00:26:17,510 --> 00:26:20,680 SHERIFF'S INVESTIGATORS HAD MADE A QUICK ARREST IN KELLEY 519 00:26:20,680 --> 00:26:24,351 CLAYTON'S MURDER, HER HUSBAND, TOM. 520 00:26:24,351 --> 00:26:26,953 TO MANY, INCLUDING KELLEY'S BEST FRIEND ANDREA, IT DIDN'T MAKE 521 00:26:26,953 --> 00:26:30,090 SENSE. >> I LOVED HIM 522 00:26:30,090 --> 00:26:33,793 SHE LOVED HIM. HE WAS PART OF OUR FAMILY. 523 00:26:33,793 --> 00:26:36,396 WE WERE PART OF THEIRS >> Reporter: THE MILLERS WERE 524 00:26:36,396 --> 00:26:38,665 ALSO CONFUSED. THEY KNEW TOM COULDN'T HAVE 525 00:26:38,665 --> 00:26:41,668 KILLED KELLEY BECAUSE HE WAS AT THEIR HOUSE WHEN SHE WAS 526 00:26:41,668 --> 00:26:45,338 MURDERED >> WAS THIS A NORMAL NIGHT, JUST 527 00:26:45,338 --> 00:26:48,541 LIKE ANY OTHER MONDAY? >> ABSOLUTELY, JUST LIKE ANY 528 00:26:48,541 --> 00:26:51,678 OTHER MONDAY, YES. >> Reporter: BUT NOW THE MILLERS 529 00:26:51,678 --> 00:26:54,280 WONDERED, HAD THEY MISSED SOMETHING? 530 00:26:54,280 --> 00:26:56,416 THEY STARTED THINKING LIKE DETECTIVES 531 00:26:56,416 --> 00:26:58,518 >> I'M, LIKE, GOING OVER EVERYTHING IN MY HEAD. 532 00:26:58,518 --> 00:27:00,620 AND I'M LIKE, "WHAT THE HECK WHY? 533 00:27:00,620 --> 00:27:03,757 YOU KNOW, ALL THIS STUFF "WHO COULD IT BE 534 00:27:03,757 --> 00:27:08,461 WHAT'S GOING ON? >> Reporter: THEN LINDA MILLER 535 00:27:08,461 --> 00:27:12,132 REMEMBERED TOM AT THE POKER GAME, ASKING A FAVOR 536 00:27:12,132 --> 00:27:14,501 >> I WAS DOING DISHES, AND HE CAME INTO THE KITCHEN AND SAID, 537 00:27:14,501 --> 00:27:16,836 "HEY, CAN I BORROW YOUR PHONE FOR A SECOND?" 538 00:27:16,836 --> 00:27:18,938 HE SAYS, "I LEFT MINE OUT IN MY CAR. 539 00:27:18,938 --> 00:27:21,107 I HAVE TO CALL WORK. I SAID, "OH, OKAY. 540 00:27:21,107 --> 00:27:23,643 SURE." I SAID, "OH, IT'S ON CHARGE. 541 00:27:23,643 --> 00:27:25,745 JUST A SECOND. AND HE FOLLOWED ME INTO THE 542 00:27:25,745 --> 00:27:27,881 BEDROOM. AND I UNPLUGGED IT, AND I HANDED 543 00:27:27,881 --> 00:27:30,483 IT TO HIM. AND HE SAID, "THANKS." 544 00:27:30,483 --> 00:27:33,653 AND IT SEEMED LIKE JUST A COUPLE OF MINUTES LATER HE WAS BACK AND 545 00:27:33,653 --> 00:27:36,222 LIKE, THANK YOU. AND HE PUT IT ON THE TABLE 546 00:27:36,222 --> 00:27:45,732 >> Reporter: IT WASN'T ODD AT THE TIME, BUT NOW THE PHONE CALL 547 00:27:45,732 --> 00:27:48,902 AROUND 11:00 P.M SEEMED IMPORTANT. 548 00:27:48,902 --> 00:27:50,537 WHOM HAD TOM CALLED? >> I PULLED UP MY PHONE AND I'M, 549 00:27:50,537 --> 00:27:52,539 LIKE - SEE IF THERE WAS A NUMBER THERE. 550 00:27:52,539 --> 00:27:54,441 AND THERE WAS NOTHING. >> SO THERE SHOULD BE A NUMBER 551 00:27:54,441 --> 00:27:56,776 IF - >> SHOULD BE A NUMBER HE 552 00:27:56,776 --> 00:27:58,878 CALLED - >> HE CALLED SOMEBODY ON THE 553 00:27:58,878 --> 00:28:00,447 PHONE. >> RIGHT, AND I'M LIKE, "THAT'S 554 00:28:00,447 --> 00:28:02,015 STRANGE. AND I SAID, "GREG, CAN YOU LOOK 555 00:28:02,015 --> 00:28:03,516 AT MY PHONE? >> I SAYS, "THERE'S -- 556 00:28:03,516 --> 00:28:05,819 THERE'S -- THERE'S NOTHING." >> IS PART OF YOU THINKING, "OH, 557 00:28:05,819 --> 00:28:07,287 MAYBE HE JUST DECIDED NOT TO MAKE THE CALL" 558 00:28:07,287 --> 00:28:09,923 >> NO, BECAUSE I HEARD HIM TALKING. 559 00:28:09,923 --> 00:28:13,626 YOU'D HEAR THE - LIKE, THE MUMBLING, JUST A VOICE 560 00:28:13,626 --> 00:28:16,229 SPEAKING OF SORTS, BUT NOTHING INTELLIGIBLE 561 00:28:16,229 --> 00:28:23,269 >> Reporter: AS THE MILLERS STRUGGLED TO MAKE SENSE OF THAT, 562 00:28:23,269 --> 00:28:29,476 THEY CALLED THE OTHER MEN WHO'D BEEN AT THEIR HOUSE THAT NIGHT 563 00:28:29,476 --> 00:28:32,912 THE POKER PLAYERS RECALLED THE SAME DETAIL. 564 00:28:32,912 --> 00:28:39,519 TOM'S PHONE WAS ALWAYS WITH HIM. >> HE HAD HIS PHONE AT THE POKER 565 00:28:39,519 --> 00:28:43,323 TABLE? BUT HE TOLD YOU HE LEFT HIS 566 00:28:43,323 --> 00:28:48,461 PHONE IN HAD CAR >> THAT'S WHAT HE TOLD ME. 567 00:28:48,461 --> 00:28:50,563 >> Reporter: MORE THAN A LITTLE SUSPICIOUS, THE MILLERS KEPT 568 00:28:50,563 --> 00:28:53,199 DIGGING. THEY WENT ONLINE TO CHECK 569 00:28:53,199 --> 00:28:55,301 LINDA'S PHONE RECORDS. AND THERE IT WAS, THE NUMBER TOM 570 00:28:55,301 --> 00:28:57,404 DIALED ABOUT AN HOUR BEFORE THE MURDER, A NUMBER THEY DIDN'T 571 00:28:57,404 --> 00:28:59,506 RECOGNIZE. INVESTIGATOR DONNIE LEWIS TOOK 572 00:28:59,506 --> 00:29:01,608 IT FROM THERE. >> SO WHAT I DID WAS I GOT THE 573 00:29:01,608 --> 00:29:03,710 NUMBER AND PUT IT INTO ACTUALLY FACEBOOK ON MY PHONE, AND AS 574 00:29:03,710 --> 00:29:08,048 SOON AS I PUT THAT PHONE NUMBER IN THERE THE PROFILE THAT POPS 575 00:29:08,048 --> 00:29:11,051 UP IS MICHAEL BEARD. >> Reporter: MICHAEL BEARD, THE 576 00:29:11,051 --> 00:29:13,653 EX-EMPLOYEE WHO'D BEEN SO COOPERATIVE WITH INVESTIGATORS 577 00:29:13,653 --> 00:29:15,755 SUDDENLY, HE DIDN'T SEEM SO INNOCENT 578 00:29:15,755 --> 00:29:18,391 NOW POLICE HAD TO RECONSIDER THEIR THEORY OF THE CRIME. 579 00:29:18,391 --> 00:29:21,027 MAYBE IT WASN'T TOM WHO'D BEATEN KELLEY TO DEATH. 580 00:29:21,027 --> 00:29:24,064 MAYBE HIS DAUGHTER'S DESCRIPTION OF THE KILLER WAS WRONG. 581 00:29:24,064 --> 00:29:26,833 MAYBE IT WAS MICHAEL BEARD SHE SAW. 582 00:29:26,833 --> 00:29:28,902 >> THIS PHONE CALL, THIS IS, LIKE, THE KEY. 583 00:29:28,902 --> 00:29:32,238 THIS IS IT >> THAT'S THE FIRST REAL 584 00:29:32,238 --> 00:29:35,175 CONNECTION THAT WE HAD THAT PUT BEARD ANYTHING TO DO WITH THE 585 00:29:35,175 --> 00:29:37,777 MURDER THAT KIND OF JUST ALERTED US 586 00:29:37,777 --> 00:29:39,412 RIGHT OFF THE BAT AS WE NEED TO GO TALK TO MICHAEL BEARD AGAIN 587 00:29:39,412 --> 00:29:41,514 >> HE DENIED ANY TYPE OF INVOLVEMENT. 588 00:29:41,514 --> 00:29:43,883 HE EVEN DENIED RECEIVING THE PHONE CALL 589 00:29:43,883 --> 00:29:45,685 THEY NEVER TALKED. >> DID THAT SEEM ODD TO YOU? 590 00:29:45,685 --> 00:29:48,321 >> THAT DID SEEM ODD HE DENIED HAVING ANY TYPE OF 591 00:29:48,321 --> 00:29:50,924 CONVERSATION HE SAID HE DIDN'T EVEN REMEMBER 592 00:29:50,924 --> 00:29:54,060 RECEIVING IT, AND HE WOULDN'T HAVE ANSWERED A CALL THAT 593 00:29:54,060 --> 00:29:57,230 WASN'T -- THAT HE DIDN'T KNOW THE NUMBER 594 00:29:57,230 --> 00:30:00,867 >> Reporter: AND WHEN INVESTIGATORS LOOKED AT BEARD'S 595 00:30:00,867 --> 00:30:04,037 PHONE, THERE WAS NO SIGN OF A CALL FROM LINDA MILLER'S CELL. 596 00:30:04,037 --> 00:30:07,140 >> IT HAD BEEN, UH, ERASED HE EXPLAINED THAT AWAY BY SAYING 597 00:30:07,140 --> 00:30:09,442 THAT HE, THE NIGHT BEFORE, HAD TO RECYCLE HIS MINUTES ON HIS 598 00:30:09,442 --> 00:30:11,344 PHONE. IT WAS A LITTLE BIT SUSPICIOUS 599 00:30:11,344 --> 00:30:14,014 TO ME. >> Reporter: DID YOU START TO 600 00:30:14,014 --> 00:30:16,082 COME DOWN REALLY HARD ON HIM LIKE, I DON'T -- WE'RE NOT 601 00:30:16,082 --> 00:30:18,184 BUYING YOUR STORY? >> IT WASN'T HARD. 602 00:30:18,184 --> 00:30:20,286 IT WAS MORE LIKE I WAS TRYING TO SAY, "LET THE TRUTH OUT," 603 00:30:20,286 --> 00:30:22,355 BECAUSE HE WAS HAVING PHYSICAL -- LIKE, HIS STOMACH 604 00:30:22,355 --> 00:30:23,957 WAS ROLLING. AND I WAS SAYING, "MIKE, JUST 605 00:30:23,957 --> 00:30:26,659 LET THE TRUTH COME OUT LET IT COME OUT. 606 00:30:26,659 --> 00:30:28,194 IT WANTS TO COME OUT LET THE TRUTH COME OUT 607 00:30:28,194 --> 00:30:30,296 IT'S NOT ADDING UP YOU GOT TO STOP. 608 00:30:30,296 --> 00:30:32,399 YOU HEAR YOUR BODY RIGHT NOW YOUR BODY'S TELLING YOU THAT 609 00:30:32,399 --> 00:30:36,336 YOU'RE NOT TELLING THE TRUTH JUST GET IT OUT. 610 00:30:36,336 --> 00:30:38,705 >> Reporter: WHILE INVESTIGATOR LAMBERT WAS SPEAKING WITH BEARD, 611 00:30:38,705 --> 00:30:42,375 HE WAS INTERRUPTED BY A COLLEAGUE WHO HAD BEEN GRILLING 612 00:30:42,375 --> 00:30:47,080 BEARD'S WIFE SHE MENTIONED A DRAMATIC PIECE 613 00:30:47,080 --> 00:30:50,183 OF INFORMATION, SOMETHING ABOUT A BIG PAYMENT BEARD WAS 614 00:30:50,183 --> 00:30:52,886 EXPECTING TO GET FROM TOM. $10,000. 615 00:30:52,886 --> 00:30:56,022 THE INVESTIGATORS CONFRONTED BEARD. 616 00:30:56,022 --> 00:30:58,625 >> AT THAT POINT, HE WAS JUST DEFEATED 617 00:30:58,625 --> 00:31:00,760 I LOOKED AT HIM AND SAID, "$10,000, IS THAT WHY YOU KILLED 618 00:31:00,760 --> 00:31:02,862 KELLEY?" AND HE LOOKED AT ME AND SAID, 619 00:31:02,862 --> 00:31:05,065 "YES." >> THIS WAS YOUR BIG MOMENT? 620 00:31:05,065 --> 00:31:12,272 >> THAT WAS THE -- THAT WAS THE WIN 621 00:31:12,272 --> 00:31:14,908 >> Reporter: MICHAEL BEARD WAS ARRESTED FOR MURDER. 622 00:31:14,908 --> 00:31:16,443 AND TOM, ALREADY IN CUSTODY, WAS NOW ACCUSED OF ORCHESTRATING THE 623 00:31:16,443 --> 00:31:19,079 CRIME. BUT TOM'S NEWLY-HIRED DEFENSE 624 00:31:19,079 --> 00:31:22,716 ATTORNEY WASN'T HAVING IT. >> HE WANTS TO BE REUNITED WITH 625 00:31:22,716 --> 00:31:25,952 HIS CHILDREN HE FRANKLY IS GRIEVING THE LOSS 626 00:31:25,952 --> 00:31:29,122 OF HIS WIFE. >> Reporter: INVESTIGATORS HAD 627 00:31:29,122 --> 00:31:31,758 QUICKLY ARRESTED TOM BASED LARGELY ON A CHILD'S 628 00:31:31,758 --> 00:31:34,361 DESCRIPTION, WHICH TURNED OUT TO BE WRONG 629 00:31:34,361 --> 00:31:36,963 NOW HIS ATTORNEY SAID THEY SEIZED ON A CONFESSION THAT WAS 630 00:31:36,963 --> 00:31:41,167 ANYTHING BUT TRUE. WHO WOULD BE BELIEVED? 631 00:31:41,167 --> 00:31:45,372 >> THIS IS EVERY INNOCENT PERSON'S NIGHTMARE 632 00:31:45,372 --> 00:31:48,541 >>> COMING UP, A SECRET REVEALED 633 00:31:48,541 --> 00:31:50,610 >> HE TOLD ME THAT HE WAS SLEEPING WITH OTHER WOMEN. 634 00:31:50,610 --> 00:31:53,780 >> Reporter: WAS THAT ENOUGH OF A MOTIVE FOR A JURY TO CONVICT 635 00:31:53,780 --> 00:31:56,383 TOM OF MURDER? >> I HAVE NEVER BEEN IN A ROOM 636 00:31:56,383 --> 00:31:58,952 THAT WAS FILLED WITH SO MUCH ANXIETY. 637 00:32:16,202 --> 00:32:19,873 >> Reporter: TOM CLAYTON STOOD ACCUSED OF HIRING A HITMAN TO 638 00:32:19,873 --> 00:32:24,077 KILL HIS WIFE, AND KELLEY'S FAMILY AND FRIENDS WHO ONCE 639 00:32:24,077 --> 00:32:27,881 LOVED TOM LIKE A SON AND BROTHER WERE TRYING TO PROCESS THE IDEA 640 00:32:27,881 --> 00:32:30,917 THAT HE MIGHT BE A KILLER. >> THE BETRAYAL AND THE 641 00:32:30,917 --> 00:32:35,622 CONFUSION. YOU DON'T KNOW WHAT TO THINK 642 00:32:35,622 --> 00:32:39,859 THE FEAR, JUST BECAUSE NOTHING IS MAKING SENSE AND YOU TRY TO 643 00:32:39,859 --> 00:32:45,598 MAKE SENSE OF SOMETHING THAT'S NOT LOGICAL. 644 00:32:45,598 --> 00:32:49,803 >> THIS HAS BEEN SUCH A BETRAYAL OF SOMEONE THAT'S BEEN IN OUR 645 00:32:49,803 --> 00:32:53,473 LIVES FOR A NUMBER OF YEARS. >> WERE YOU TRYING TO GIVE HIM 646 00:32:53,473 --> 00:32:55,108 THE BENEFIT OF THE DOUBT AT ALL? >> I WANT TO SAY THERE WAS NO 647 00:32:55,108 --> 00:33:02,882 LOOKING BACK YOU KNOW 648 00:33:02,882 --> 00:33:05,051 I BELIEVE HE WAS INVOLVED. >> Reporter: IF KELLEY'S SISTER 649 00:33:05,051 --> 00:33:06,519 HAD ANY DOUBT ABOUT TOM'S GUILT, IT WAS ERASED WHEN SHE SAW HIM 650 00:33:06,519 --> 00:33:08,088 IN COURT FOR THE FIRST TIME. >> I WAS THERE AT HIS BAIL 651 00:33:08,088 --> 00:33:10,190 HEARING. HE HAD A BULLET PROOF VEST ON, 652 00:33:10,190 --> 00:33:11,825 SHACKLES, NO EMOTION HE DOESN'T LOOK. 653 00:33:11,825 --> 00:33:13,927 HE DOESN'T CRY AND HE GETS OUT ON $250,000 CASH 654 00:33:13,927 --> 00:33:16,529 BAIL >> THAT'S PRETTY LOW 655 00:33:16,529 --> 00:33:20,200 >> AND HE'S BEEN OUT EVER SINCE. >> Reporter: AND HE SEEMED 656 00:33:20,200 --> 00:33:22,369 DETERMINED TO PROFESS HIS INNOCENCE TO ANYONE WHO'D 657 00:33:22,369 --> 00:33:24,371 LISTEN >> HE SAID, I'D LIKE TO TELL YOU 658 00:33:24,371 --> 00:33:25,972 MY SIDE OF THE STORY I SAID, I REALLY DON'T WANT TO 659 00:33:25,972 --> 00:33:28,074 HEAR IT. I DON'T WANT TO GET ANY MORE 660 00:33:28,074 --> 00:33:29,642 INVOLVED AND HE'S, LIKE, PARTIALLY CRYING 661 00:33:29,642 --> 00:33:31,745 AND HE'S SAYING, YOU KNOW, I WOULDN'T DO THAT 662 00:33:31,745 --> 00:33:33,847 >> Reporter: MONTHS WENT BY AS THE STATE PREPARED THE CASE 663 00:33:33,847 --> 00:33:40,086 AGAINST EACH MAN MICHAEL BEARD WAS THE FIRST TO 664 00:33:40,086 --> 00:33:42,255 GO TO TRIAL. IN COURT, HE RECANTED HIS 665 00:33:42,255 --> 00:33:44,324 CONFESSION AND CHANGED HIS ACCOUNT OF THE MURDER. 666 00:33:44,324 --> 00:33:46,993 BUT PROSECUTOR WEEDEN WETMORE SAID EVIDENCE PUT BEARD AT THE 667 00:33:46,993 --> 00:33:50,630 CRIME SCENE. >> HIS DNA WAS FOUND WHERE SHE 668 00:33:50,630 --> 00:33:53,767 HAD FLED AFTER BEING STRUCK IN THE HEAD WITH THE MURDER WEAPON. 669 00:33:53,767 --> 00:33:57,937 >> Reporter: IT TOOK JURORS ONLY SEVEN HOURS TO CONVICT HIM 670 00:33:57,937 --> 00:34:00,073 >> A JURY FINDS MICHAEL BEARD GUILTY OF WHAT THE PROSECUTION 671 00:34:00,073 --> 00:34:03,209 IS CALLING A MURDER FOR HIRE SCHEME 672 00:34:03,209 --> 00:34:06,312 >> Reporter: IF BEARD'S CASE HAD BEEN A SLAM-DUNK FOR 673 00:34:06,312 --> 00:34:10,717 INVESTIGATORS, TOM CLAYTON'S WOULD BE ANYTHING BUT. 674 00:34:10,717 --> 00:34:13,687 THE PROSECUTOR KNEW HE COULDN'T USE BEARD TO TESTIFY AGAINST 675 00:34:13,687 --> 00:34:16,322 TOM. >> EVEN IF HE CAME FORWARD AND 676 00:34:16,322 --> 00:34:19,459 SAID, "I WANT TO TESTIFY NOW," HE HAD LIED SO MANY TIMES. 677 00:34:19,459 --> 00:34:24,230 HE HAD LIED AT HIS OWN TRIAL >> BEARD HAD CHANGED HIS STORY 678 00:34:24,230 --> 00:34:27,334 SO MUCH AT HIS OWN TRIAL THAT HE WOULDN'T HAVE BEEN A CREDIBLE 679 00:34:27,334 --> 00:34:29,969 WITNESS. >> Reporter: TOM AND HIS LAWYER 680 00:34:29,969 --> 00:34:33,106 POUNCED ON THAT, TELLING REPORTERS THAT BEARD ACTED ON 681 00:34:33,106 --> 00:34:37,811 HIS OWN. >> THIS IS PURELY MR. BEARD'S 682 00:34:37,811 --> 00:34:41,481 DOING, WHAT WE DO KNOW IS THAT MR. CLAYTON HAD NOTHING TO DO 683 00:34:41,481 --> 00:34:45,151 WITH THE DEATH OF HIS WIFE >> Reporter: AND TOM'S LAWYER 684 00:34:45,151 --> 00:34:47,754 DIDN'T STOP AT MICHAEL BEARD HE WENT AFTER THE INVESTIGATORS. 685 00:34:47,754 --> 00:34:51,458 HE SAID THEY HAD TUNNEL VISION WHEN IT CAME TO HIS CLIENT 686 00:34:51,458 --> 00:34:53,526 >> HE SAID, "YOU'LL HEAR IT. YOU'LL HEAR IT FROM THE BODY CAM 687 00:34:53,526 --> 00:34:58,231 VIDEO. >> SHE'S BEAT THE [ BLEEP ] 688 00:34:58,231 --> 00:35:00,333 SHE'S BEAT UP. >> YOU GOT A SUSPECT 689 00:35:00,333 --> 00:35:02,435 >> THE HUSBAND >> THE HUSBAND 690 00:35:02,435 --> 00:35:05,038 Reporter: THE LAWYER BELIEVED EVERYTHING THAT FOLLOWED IN THE 691 00:35:05,038 --> 00:35:10,310 INVESTIGATION HAD BEEN POISONED. >> HE WAS SIMPLY JUST BEING 692 00:35:10,310 --> 00:35:12,379 WRONGFULLY ACCUSED AND POLICE JUST RUSHED TO JUDGMENT AND THAT 693 00:35:12,379 --> 00:35:15,048 THEREFORE LED TO AN INCOMPLETE INVESTIGATION. 694 00:35:15,048 --> 00:35:17,684 >> Reporter: AND IN FACT, INVESTIGATORS NEVER FOUND 695 00:35:17,684 --> 00:35:20,286 EVIDENCE THAT TOM PAID BEARD FOR A HIT. 696 00:35:20,286 --> 00:35:22,389 >> Reporter: AS FAR AS TOM CLAYTON, THERE WAS NO 697 00:35:22,389 --> 00:35:25,525 CONVERSATION OVERHEARD THERE WAS NO MONEY EXCHANGING 698 00:35:25,525 --> 00:35:28,695 HANDS. YOU COULDN'T EVEN USE THE 699 00:35:28,695 --> 00:35:33,967 CONFESSION FROM MICHAEL BEARD. SO, THERE WERE A LOT OF THINGS 700 00:35:33,967 --> 00:35:37,637 YOU DIDN'T HAVE. >> RIGHT, BUT IF YOU LOOK AT 701 00:35:37,637 --> 00:35:41,341 THOMAS CLAYTON'S CONDUCT, HE NEVER MENTIONED MICHAEL BEARD. 702 00:35:41,341 --> 00:35:43,977 EVERYBODY SAYS, "MICHAEL BEARD SHOULD BE AN IMMEDIATE SUSPECT." 703 00:35:43,977 --> 00:35:46,079 HE NEVER MENTIONED MICHAEL BEARD TO THE POLICE. 704 00:35:46,079 --> 00:35:49,716 TO ME, THAT'S -- THERE'S A REASON FOR THAT. 705 00:35:49,716 --> 00:35:52,886 >> Reporter: AS THEY PREPARED FOR TRIAL, INVESTIGATORS KEPT 706 00:35:52,886 --> 00:35:56,523 DIGGING. THEY DISCOVERED A FLURRY OF 707 00:35:56,523 --> 00:36:00,160 CALLS AND TEXTS IN THE WEEKS LEADING UP TO THE CRIME. 708 00:36:00,160 --> 00:36:02,228 >> CLAYTON WAS CONTACTING BEARD, SAYING, "HEY, WE HAVE TO MEET. 709 00:36:02,228 --> 00:36:07,701 HE WAS GETTING HIM A BICYCLE, SO HE WAS HAVING THESE CLANDESTINE 710 00:36:07,701 --> 00:36:09,469 MEETINGS >> Reporter: INVESTIGATORS ALSO 711 00:36:09,469 --> 00:36:12,605 PULLED SURVEILLANCE FOOTAGE FROM OUTSIDE TOM'S BUSINESS 712 00:36:12,605 --> 00:36:15,875 THEY BELIEVED THIS WAS VIDEO PROOF OF A CONSPIRACY. 713 00:36:15,875 --> 00:36:20,613 THAT'S BEARD, THEY SAY, IN A RED TRUCK THAT TOM LOANED HIM JUST 714 00:36:20,613 --> 00:36:23,750 HOURS BEFORE THE MURDER. AND THAT'S TOM FOLLOWING IN HIS 715 00:36:23,750 --> 00:36:26,353 GREEN SERVPRO TRUCK. >> ALSO KNOW THAT DURING THAT 716 00:36:26,353 --> 00:36:28,455 TIME PERIOD BEARD TURNED HIS PHONE OFF, TURNED IT ON, TURNED 717 00:36:28,455 --> 00:36:31,091 IT OFF AGAIN >> WHY DO YOU THINK HE DID THAT? 718 00:36:31,091 --> 00:36:38,932 >> WELL, THE INFERENCE TO BE DRAWN FROM THAT IS THAT HE HAS 719 00:36:38,932 --> 00:36:41,167 GUYS ARE NOT NAIVE THEY KNOW THAT THERE'S A 720 00:36:41,167 --> 00:36:43,136 POSSIBILITY OF BEING TRACKED WITH THEIR PHONES. 721 00:36:43,136 --> 00:36:45,305 >> Reporter: THEN, AFTER THE MURDER, THE VIDEO SHOWS WHAT 722 00:36:45,305 --> 00:36:47,307 LOOKS LIKE BEARD RETURNING TO TOM'S BUSINESS TO DROP OFF THE 723 00:36:47,307 --> 00:36:50,076 TRUCK. THERE ARE ITS HEADLIGHTS 724 00:36:50,076 --> 00:36:53,680 ENTERING THE LOT AND INVESTIGATORS BELIEVE THAT'S 725 00:36:53,680 --> 00:36:56,316 BEARD GETTING ON THE BIKE TOM GAVE HIM, PEDALING AWAY UNDER 726 00:36:56,316 --> 00:37:00,020 THE COVER OF DARKNESS. >> THE TRIAL FOR THOMAS CLAYTON 727 00:37:00,020 --> 00:37:09,029 IS NOW SET TO BEGIN. >> Reporter: THE COURTROOM WAS 728 00:37:09,029 --> 00:37:11,064 PACKED AS TOM'S TRIAL BEGAN. >> I HAVE NEVER BEEN IN SUCH A 729 00:37:11,064 --> 00:37:13,667 TENSE, ANXIOUS ATMOSPHERE. THE COURTROOM WAS TYPICALLY 730 00:37:13,667 --> 00:37:15,735 TENSE THROUGHOUT THE ENTIRE TRIAL, BUT AS FAR AS ANXIETY WAS 731 00:37:15,735 --> 00:37:18,338 CONCERNED, I HAVE NEVER BEEN IN A ROOM THAT WAS FILLED WITH SO 732 00:37:18,338 --> 00:37:21,174 MUCH ANXIETY >> Reporter: THE ONLY ONE WHO 733 00:37:21,174 --> 00:37:24,144 DIDN'T SEEM TENSE TO THE REPORTER WAS THE DEFENDANT 734 00:37:24,144 --> 00:37:26,246 HIMSELF. HE SAW TOM CLAYTON SMILING AND 735 00:37:26,246 --> 00:37:29,049 KIDDING AROUND WITH FAMILY MEMBERS. 736 00:37:29,049 --> 00:37:32,052 HIS LAWYER, THOUGH, WAS ON THE ATTACK 737 00:37:32,052 --> 00:37:34,654 HE TOLD THE JURY HOW INVESTIGATORS HAD IMMEDIATELY 738 00:37:34,654 --> 00:37:38,825 LABELED TOM A KILLER ON THE NIGHT OF THE MURDER. 739 00:37:38,825 --> 00:37:41,961 >> I THINK HE ATTACKED HER >> Reporter: AND THE DEFENSE 740 00:37:41,961 --> 00:37:45,632 SAID INVESTIGATORS REFUSED TO CHANGE THEIR MINDS EVEN AFTER IT 741 00:37:45,632 --> 00:37:48,768 WAS CLEAR MICHAEL BEARD WAS THE ONE WHO BEAT KELLEY TO DEATH 742 00:37:48,768 --> 00:37:53,473 >> THE DEFENSE HAD BASICALLY ALLUDED TO THE FACT THAT THERE 743 00:37:53,473 --> 00:37:58,778 WAS A PSYCHOSIS IN MICHAEL BEARD. 744 00:37:58,778 --> 00:38:04,017 AND THAT HE OUT OF JUST HATE AND REVENGE AGAINST THOMAS AND HIS 745 00:38:04,017 --> 00:38:07,120 OTHER BOSSES WENT TO THE HOUSE THAT NIGHT WITH THE INTENT OF 746 00:38:07,120 --> 00:38:09,689 STEALING AND TAKING MONEY AND KILLED KELLEY IN THE PROCESS 747 00:38:09,689 --> 00:38:12,859 >> Reporter: THE PROSECUTION SAID THAT WAS NONSENSE 748 00:38:12,859 --> 00:38:15,462 MICHAEL BEARD HAD NO REASON TO MURDER KELLEY UNLESS HE WAS SENT 749 00:38:15,462 --> 00:38:18,264 THERE BY THE DEFENDANT, TOM CLAYTON. 750 00:38:18,264 --> 00:38:21,301 THE STATE CALLED LINDA MILLER TO TESTIFY. 751 00:38:21,301 --> 00:38:24,471 SHE RECOUNTED HOW TOM BORROWED HER PHONE AND THEN DELETED THE 752 00:38:24,471 --> 00:38:27,073 NUMBER HE'D DIALED, NEVER DREAMING SHE'D DO HER OWN 753 00:38:27,073 --> 00:38:29,676 DETECTIVE WORK >> YOU REALLY CONNECTED THE 754 00:38:29,676 --> 00:38:31,778 DOTS TO GET THE POLICE TO THIS 755 00:38:31,778 --> 00:38:34,914 MOMENT >> YEAH. 756 00:38:34,914 --> 00:38:40,120 >> SHE DID GOOD. >> IF YOU CAN CALL IT GOOD 757 00:38:40,120 --> 00:38:44,858 >> Reporter: FINALLY, THE PROSECUTOR SAID HE KNEW WHY TOM 758 00:38:44,858 --> 00:38:48,762 WANTED HIS WIFE DEAD HE CALLED KELLEY'S NIECE MOLLIE 759 00:38:48,762 --> 00:38:51,798 TO THE STAND >> HE JUST TOLD ME A LOT OF 760 00:38:51,798 --> 00:38:53,800 STUFF ABOUT THEIR RELATIONSHIP >> Reporter: MOLLY TOLD THE JURY 761 00:38:53,800 --> 00:38:56,403 ABOUT THE SUMMER SHE WORKED FOR HER UNCLE TOM. 762 00:38:56,403 --> 00:38:59,072 SHE SAID HE TALKED A LOT ABOUT HIS MARRIAGE 763 00:38:59,072 --> 00:39:01,675 >> THAT HE WASN'T IN LOVE WITH HER ANYMORE, THAT KELLEY WAS 764 00:39:01,675 --> 00:39:04,844 VERY LAZY. AND HE TOLD ME ABOUT HIM TRYING 765 00:39:04,844 --> 00:39:08,048 TO SLEEP WITH OTHER WOMEN AND THAT HE WAS SLEEPING WITH OTHER 766 00:39:08,048 --> 00:39:10,116 WOMEN. AND HE TOLD ME THAT HE ALSO WAS 767 00:39:10,116 --> 00:39:14,287 GETTING CLOSE TO A DIVORCE HE JUST WANTED TO BE DONE. 768 00:39:14,287 --> 00:39:18,024 >> Reporter: THE PROSECUTOR TOLD THE JURY THIS WAS TOM'S MOTIVE 769 00:39:18,024 --> 00:39:21,661 HE WANTED TO GET RID OF HIS WIFE BUT KEEP EVERYTHING ELSE 770 00:39:21,661 --> 00:39:24,297 >> I THINK HE WAS CONCERNED THAT HIS WIFE, IF THEY WENT THROUGH A 771 00:39:24,297 --> 00:39:32,639 DIVORCE, THAT SHE PROBABLY WOULD GET EVERYTHING AND THIS WAS AN 772 00:39:32,639 --> 00:39:39,145 OPPORTUNITY JUST TO START ANEW >> Reporter: AFTER SEVEN WEEKS 773 00:39:39,145 --> 00:39:44,551 THE CASE WENT TO THE JURY. KELLEY'S SISTER AND THE 774 00:39:44,551 --> 00:39:47,687 PROSECUTOR BRACED THEMSELVES >> NOW WE WAIT 775 00:39:47,687 --> 00:39:50,824 >> Reporter: BUT NOT FOR LONG. IT TOOK JURORS JUST SIX HOURS TO 776 00:39:50,824 --> 00:39:52,892 MAKE THEIR DECISION. AS THEY FILED BACK INTO THE 777 00:39:52,892 --> 00:39:55,061 COURTROOM, THE REPORTER NOTICED A CHANGE IN TOM CLAYTON. 778 00:39:55,061 --> 00:39:57,130 >> THAT WAS REALLY THE FIRST TIME THAT I SAW ON HIS FACE THAT 779 00:39:57,130 --> 00:39:59,199 YOU GOT THE SENSE OF THIS GUY FINAL KNEW THAT, OH, GOD, I 780 00:39:59,199 --> 00:40:01,301 COULD GO TO PRISON FOR LIFE, DEPENDING ON WHAT THEY'RE ABOUT 781 00:40:01,301 --> 00:40:03,436 TO SAY >> Reporter: AND THEN THEY SAID 782 00:40:03,436 --> 00:40:06,072 IT "GUILTY OF FIRST DEGREE MURDER." 783 00:40:06,072 --> 00:40:08,174 OUTSIDE THE COURTHOUSE THERE WERE TEARS 784 00:40:08,174 --> 00:40:10,276 LOTS OF THEM >> THANK YOU 785 00:40:10,276 --> 00:40:12,345 I BELIEVE JUSTICE WAS DONE HERE TODAY. 786 00:40:12,345 --> 00:40:14,447 I DO >> Reporter: TOM CLAYTON WAS 787 00:40:14,447 --> 00:40:16,549 SENTENCED TO LIFE WITHOUT PAROLE 788 00:40:16,549 --> 00:40:19,152 HE LATER FILED AN APPEAL BUT WAS DENIED 789 00:40:19,152 --> 00:40:24,391 HE HAS A NEW ATTORNEY WHO IS WORKING ON HIS CASE. 790 00:40:24,391 --> 00:40:32,232 MICHAEL BEARD HAS ALREADY BEGUN SERVING A LIFE SENTENCE. 791 00:40:32,232 --> 00:40:35,368 IT SEEMS SO MANY IN TOWN WANT TO HONOR KELLEY, EVEN TOM'S OLD 792 00:40:35,368 --> 00:40:38,505 HOCKEY TEAM. THE ELMIRA JACKALS JUST HELD A 793 00:40:38,505 --> 00:40:41,641 TRIBUTE FOR HER AND VICTIMS OF DOMESTIC VIOLENCE. 794 00:40:41,641 --> 00:40:44,244 KELLEY'S CHILDREN DROPPED THE CEREMONIAL FIRST PUCK TO START 795 00:40:44,244 --> 00:40:49,049 THE GAME >> I'M TELLING YOU, KELLEY IS 796 00:40:49,049 --> 00:40:54,554 WITH ME. AND I HAVE A VERY STRONG FAITH 797 00:40:54,554 --> 00:41:00,060 I HEAR HER DAYS, SAYING, GET UP. LET'S GO 798 00:41:00,060 --> 00:41:04,230 WE HAVE GOT TO DO THIS AND I DO 799 00:41:04,230 --> 00:41:08,435 I HAVE HER BEAUTIFUL BABIES AND MY OWN 800 00:41:08,435 --> 00:41:14,741 YOU KNOW, YOU HAVE TO KEEP ON KEEPING ON 801 00:41:14,741 --> 00:41:14,741 KEEPING ON 802 00:41:14,741 --> 00:41:14,741 >>> THAT'S ALL FOR NOW