"DATELINE.
>> ALL YOU SEE ARE STATE TROOPERS CARS, SHERIFF CARS.
I'M LIKE, "WHERE'S MY SISTER?" >> I SAYS, "WHERE'S YOUR WIFE?
AND HE POINTED TO THE KITCHEN AREA
>> VICTIM HAD BLOOD POOLING AROUND HER HEAD.
>> ALL THEY TOLD US WAS THERE WAS AN INTRUDER.
>> HER FIRST THOUGHT WAS TO PROTECT HER CHILDREN, AND SHE
PUT UP A VERY GOOD FIGHT >> SHE OBSERVED MOMMY FIGHTING
WITH WHAT SHE TERMED AS "THE ROBBER."
>> Reporter: THIS IS A REAL WHODUNIT
>> YEAH, VERY MUCH SO. >> I REMEMBER KELLEY NOT WANTING
TO BE HOME ALONE >> I'VE NEVER ENCOUNTERED A CASE
THIS COMPLICATED OR COMPLEX. >> SOMETHING IS NOT RIGHT HERE
>> IT'S THE TYPE OF CASE THAT MOVIES ARE MADE OUT OF
>> EVERYTHING YOU THOUGHT YOU KNEW WAS ALL A LIE
>> HERE'S ANDREA CANNING WITH "THE HOUSE IN THE WOODS.
>> Reporter: HE WASN'T EXACTLY SURE WHERE THE HOUSE WAS OR WHAT
HAD HAPPENED THERE BUT HE KNEW IT WAS BAD
>> YEAH, THESE ONES ARE NOT FUN TO DO.
>> Reporter: FINALLY HE FOUND IT, DOWN A SECLUDED DRIVEWAY
A MAN ON THE FRONT LAWN WAVING HIM IN
>> WHAT'S GOING ON >> HEY
I'M THE NEIGHBOR >> Reporter: INSIDE THE DEPUTY
COULD SEE SIGNS OF A STRUGGLE. BLOOD ON THE FLOOR
>> YOU GOT BLOOD ON THE WALL BLOOD ON THE STEPS
>> Reporter: A BROKEN WALL HE SEARCHED THE HOUSE.
>> OKAY. KIDS' ROOMS.
THIS ONE'S CLEAR LET ME CHECK THIS LAST ROOM.
CLEAR. >> Reporter: THE TRAIL LED TO
THIS, TO SOMEONE IN A LITTLE ROOM JUST BEYOND THE STAIRS
BEYOND ALL HOPE NOW. >> OH, MY GOD!
>> YEAH. >> Reporter: THE HOUSE IN THE
WOODS WAS HOME TO TOM AND KELLEY CLAYTON AND THEIR TWO ADORABLE
CHILDREN HE'D BEEN A LOCAL STAR OF SORTS,
A HOCKEY PLAYER. AND KELLEY
SHE WAS A HOMETOWN GIRL RAISED RIGHT HERE IN THE FINGER LAKES
REGION OF NEW YORK STATE >> WHEN YOU GROW UP HERE -- IT
ACTUALLY TOOK FOR ME TO MOVE AWAY AND GO TO COLLEGE BEFORE I
CAME BACK AND REALLY APPRECIATED HOW PRETTY IT IS
>> Reporter: ANDREA SPIRAWK IS KELLEY'S BEST FRIEND
THEY GREW UP TOGETHER NEAR ELMIRA, NEW YORK.
SHE SAYS IT WAS AS IF THE LAND HAD BRED A SWEETNESS INTO
KELLEY MAYBE A LITTLE TARTNESS TOO.
AFTER ALL, MARK TWAIN ALSO LIVED HERE
HOW DID YOU SEE KELLEY'S SENSE OF HUMOR
>> SHE WAS VERY GOOFY, ALWAYS HAPPY, ALWAYS TRYING TO HAVE
FUN. SHE LOVED TO LAUGH
>> SHE WAS SARCASTIC >> WITTY
>> SHE ALWAYS MADE THINGS FUN. >> Reporter: FUNNY AND
BEAUTIFUL. THEY COULDN'T KEEP A GIRL LIKE
THAT IN A SMALL TOWN FOREVER AFTER COLLEGE, KELLEY BROKE SOME
NEWS TO HER BIG SISTER KIM >> SHE WAS ENTICED BY SOME
BRIGHT LIGHTS OUT WEST >> ABSOLUTELY.
AND SHE'S LIKE, "I'M MOVING TO VEGAS.
>> WHAT DID YOU THINK WHEN YOU HEARD THAT
>> I WAS SAD BUT I WAS SAD, BUT I WAS, "OH MY
GOD, GO! YOU'RE SO BRAVE.
DO IT NOW! >> DID YOU SEE HER OFF
>> ABSOLUTELY. AND I REMEMBER SHE HAD PARKED,
YOU KNOW, AT HER MOM'S HOUSE AND I JUST REMEMBER RUNNING DOWN
THE STREET >> DID YOU HAVE ANY PARTING
WORDS OR ADVICE FOR HER WHEN SHE LEFT
>> I ACTUALLY HAVE A PHOTO OF US HUGGING.
AND IT WAS, LIKE, IT'S SUCH A SAD PHOTO TO ME.
IT WAS, LIKE, THE SADDEST DAY OF MY LIFE.
>> Reporter: KELLEY CAME HOME TO VISIT OFTEN ENOUGH, INCLUDING
CHRISTMAS OF 2003. BY THEN, ELMIRA HAD A NEW
ATTRACTION, A MINOR LEAGUE HOCKEY TEAM.
>> MY MOM, MY SISTER, AND I WERE AT A HOCKEY GAME, AN ELMIRA
JACKALS HOCKEY GAME. AND THIS PLAYER GETS CHECKED
INTO THE BOARDS AND HIS HELMET COMES OFF.
AND ALL THREE OF US WERE LIKE -- "WOW, HE'S PRETTY CUTE."
>> Reporter: KELLEY'S MOM LIZ. >> WE ENJOYED WATCHING HIM
SKATE. HE WAS FUN
HE -- HE REALLY WAS.
>> Reporter: "HE" WAS TOM CLAYTON.
HE SERVED AS THE JACKAL'S "INSTIGATOR," THE GUY WHO STARTS
FIGHTS WHEN HE AND KELLEY LOCKED EYES,
IT WAS GAME OVER >> SHE MET HIM THAT WEEKEND.
SHE MET HIM THAT WEEKEND AND - >> SHE MET THE BAD BOY
>> YES, SHE DID. >> WAS IT INSTANT FOR THEM
>> YES IT WAS
>> Reporter: THEY WERE MARRIED ABOUT TWO YEARS LATER.
AND A FEW AFTER THAT CAME THE KIDS
>> Reporter: A GIRL AND A BOY. TOM TRADED IN HIS HOCKEY SKATES
FOR WORK BOOTS TO RUN A HOME RESTORATION BUSINESS
NOW ANDREA HAD HER BEST FRIEND BACK HOME, PLUS TOM.
>> WHAT DID YOU LOVE ABOUT HIM >> HE WAS VERY GENEROUS.
HE WOULD SHOWER HER WITH THINGS. WE HAD A MUTUAL FRIEND, WHO HE
AND HIS WIFE PASSED AWAY IN A CAR ACCIDENT
AND HE -- TOM IMMEDIATELY CALLED MEN -- ME AND WAS LIKE, "WE'VE
GOT TO DO THIS LET'S DO THIS FUNDRAISER."
WE DID, YOU KNOW AND HE WAS LIKE A BROTHER.
>> Reporter: ALMOST TEN YEARS INTO THE MARRIAGE, KELLEY STILL
GUSHED ABOUT HER TOM >> AND SHE WAS JUST TALKING
ABOUT HE'S THE GREATEST GUY. I HIT THE JACKPOT WITH HIM
>> DID THAT MAKE YOU HAPPY HEARING THAT
>> YEAH. IT REALLY DID IT WAS LIKE, "WOW, THERE'S
REALLY SOMEBODY OUT THERE LIKE THAT."
>> Reporter: GREG AND LINDA MILLER GOT TO KNOW THE CLAYTONS
WELL OVER THE YEARS. THEY HOSTED POKER GAMES WITH TOM
AS A FREQUENT GUEST. THEY AFFECTIONATELY CALLED THE
FORMER SKATER "HOCKEY PUCK." BUT THERE WAS ONE THING THE
MILLERS DIDN'T ENVY ABOUT THE CLAYTONS, WHERE THEY LIVED
>> BECAUSE IT'S OUT IN THE MIDDLE OF NOWHERE.
WE BOTH SAID, SEE, WE COULD NEVER LIVE OUT IN THE WOODS LIKE
THAT I MEAN THAT'S WHAT SHE SAID.
I MEAN, JUST BEING OUT IN THE WOODS IS SCARY ENOUGH SOMETIMES.
YOU KNOW WHAT I MEAN >> Reporter: NO ONE REMEMBERS
KELLEY FEELING UNCOMFORTABLE EVEN AT NIGHT, EVEN ALONE.
EXCEPT FOR ONE EVENING IN LATE SEPTEMBER 2015
ANDREA WAS CHATTING ON THE PHONE WITH KELLEY.
SHE WASN'T HER USUAL, HAPPY SELF
>> SHE WAS LIKE, "ALRIGHT, I'M TIRED.
GOOD NIGHT ALL RIGHT, LEAVE ME ALONE,
PRETTY MUCH. >> WHY WAS IT ODD THAT SHE MIGHT
WANT TO GO TO BED EARLY ONE NIGHT?
>> I THINK SHE WAS REALLY STRESSED OUT
BUT SHE DIDN'T -- SHE WAS A NIGHT OWL.
SHE STAYED UP. HER KIDS STAY UP LATE, YOU KNOW?
IT WASN'T NORMAL >> Reporter: NEITHER, OF COURSE,
WAS WHAT FOLLOWED. >> SIR, YOU NEED TO CALM DOWN SO
I CAN HELP YOU, OKAY >> YES
>> WHAT'S YOUR NAME? >> MY NAME'S TOM
>> Reporter: TOM CLAYTON WAS ON THE PHONE TO 911
SOMETHING ABOUT HIS WIFE SHE WASN'T BREATHING
>> HOW LONG HAS SHE BEEN DOWN? >> I DON'T KNOW.
I DON'T KNOW I JUST GOT HOME.
>> Reporter: THE CLAYTON HOME TUCKED DOWN A POCKET OF A LONG
DARK ROAD. IT WOULD NEVER BE HOME AGAIN
>>> WHAT HAD HAPPENED? WHEN WE COME BACK --
>> I FELT THERE WAS SOMETHING WRONG HERE
>> Reporter: THAT MAYBE THIS ISN'T MEDICAL.
>> THERE WAS SOMETHING MORE TO IT
>> THERE CERTAINLY WAS >> I SAYS, "WHERE'S YOUR WIFE?
AND HE POINTED TO THE KITCHEN AREA
AND THAT IS WHEN I WALKED AROUND -
>> OH! OH
>> Reporter: CAR ACCIDENTS, DRUG OVERDOSES.
THOSE ARE THE KINDS OF EMERGENCY CALLS DEPUTY DEAN SWAN OF THE
STEUBEN COUNTY SHERIFF'S OFFICE RESPONDS TO.
THE ONE HE AND HIS PARTNER GOT AFTER MIDNIGHT ON SEPTEMBER 29,
2015, THAT WAS A FIRST >> HOW LONG HAS SHE BEEN DOWN?
>> I DON'T KNOW. I DON'T KNOW
I JUST GOT HOME. >> WE RECEIVED A DISPATCH FROM
OUR 911 CENTER UNKNOWN POSSIBLE MEDICAL
SITUATION. I RESPONDED.
TO BE HONEST WITH YOU, EN ROUTE I DID NOT FEEL -- I FELT THERE
WAS SOMETHING WRONG HERE JUST -
>> Reporter: WHY >> COP INTUITION I GUESS IS --
>> Reporter: THAT -- >> -- WHAT IT WAS.
>> Reporter: THAT MAYBE THIS ISN'T MEDICAL.
>> THAT YEAH, THERE WAS SOMETHING MORE TO IT
IT JUST SEEMED THAT WAY. >> Reporter: HIS INSTINCT PROVED
RIGHT. STILL, HE DIDN'T EXPECT WHAT
CAME NEXT INSIDE THE HOME OF TOM AND KELLEY CLAYTON
THIS IS FOOTAGE FROM THE BODY CAMERA SWAN WAS WEARING THAT
NIGHT. HE ARRIVED TO FIND A MAN OUTSIDE
COMING TOWARDS HIM IT WAS A NEIGHBOR.
>> HI, HOW YOU DOING >> I'M OKAY.
>> WHAT'S GOING ON >> TOM JUST CAME
I'M THE NEIGHBOR TOM JUST CAME OVER AND GOT ME
OUT OF BED >> WHY
>> THERE'S -- HE'S RIGHT IN THE HOUSE.
HE'S - >> OKAY, WHAT HAPPENED THOUGH?
>> HIS WIFE IS IN THERE. >> I WENT IN, LOCATED
MR. CLAYTON. AND HE WAS KIND OF DOWN ON HIS
KNEES. KIND OF BOBBING UP AND DOWN,
VISIBLY UPSET AND IN THE HALLWAY BETWEEN THE HALLWAY AND THE
TRANSITION AREA BETWEEN THE HALLWAY AND THE DINING ROOM.
>> ANYBODY ELSE IN THE HOUSE, TOM?
JUST YOU >> OH, MY GOD THE KIDS ARE AT
THE NEIGHBOR'S HOUSE >> I SAY, "WHERE'S YOUR WIFE?"
AND HE POINTED TO THE KITCHEN AREA
AND THAT IS WHEN I WALKED AROUND AND I LOCATED THE VICTIM ON THE
KITCHEN FLOOR. >> OH, OH.
OKAY >> Reporter: IT WAS TOM'S WIFE
KELLEY RIGHT AWAY THE DEPUTY KNEW SHE'D
BEEN MURDERED. WHAT DID YOU SEE
>> THE VICTIM. THERE WAS BLOOD, BLOOD SPATTER
ON WALLS, CEILING. VICTIM HAD BLOOD POOLING AROUND
HER HEAD >> TOM, WHERE WERE YOU WHEN THIS
ALL WENT DOWN? >> PLAYING POKER WITH MY
BUDDIES. >> Reporter: TOM SAID HE HAD
JUST COME HOME FROM A POKER GAME TO FIND KELLEY DEAD ON THE FLOOR
AND HIS 7-YEAR-OLD DAUGHTER SAYING SOMETHING ABOUT A
BREAK-IN >> I CAME HOME AND MY DAUGHTER
SAID THERE WAS A ROBBER IN THE HOUSE AND SHE SAW THEM
>> OKAY. COME ON OUT HERE, MAN.
COME OUT HERE. I WANT YOU TO HAVE A SEAT.
YOU DON'T NEED TO SEE THAT ANY MORE OKAY?
>> Reporter: HIS KIDS WERE HOME? >> KIDS WERE HOME WHEN THIS
OCCURRED >> Reporter: WHERE WERE THEY
>> WHEN I GOT ON SCENE, HE HAD TAKEN THEM TO THE NEIGHBOR
SO I NEVER SAW THE KIDS. >> THE OFFICER LED TOM TO HIS
PATROL CAR >> ALL RIGHT, COME ON.
>> CAN I GET SOME WATER? >> YEAH, WE'LL GET YOU WATER,
BUD. TAKE IT EASY
YOU'RE NOT IN TROUBLE.
I'M JUST GOING TO HAVE YOU TAKE A SEAT SO WE CAN TALK TO YOU,
ALRIGHT? TAKE IT EASY
YOU'RE NOT IN TROUBLE, JUST SIT RIGHT DOWN
I'M GOING TO LEAVE THE DOOR OPEN
JUST SIT RIGHT THERE AND RELAX >> Reporter: THEN THE DEPUTY AND
HIS PARTNER WENT BACK INSIDE THE HOUSE TO MAKE SURE THE KILLER
WASN'T STILL HIDING INSIDE >> OK.
KID'S ROOM THIS ONE'S CLEAR
>> Reporter: AS THEY SEARCHED, GUNS DRAWN, IT BECAME CLEAR HOW
THE CRIME UNFOLDED >> THERE'S BLOOD ALL OVER UP
HERE >> FROM WHAT I COULD SEE, THE
ATTACK STARTED IN THE MAIN BEDROOM, WENT OUT INTO THE
HALLWAY. A FIGHT ENSUED
LOOKED LIKE THERE WAS A PICTURE KNOCKED OFF-THE-WALL
THERE WAS A LANDING. THE STAIRS GO STRAIGHT DOWN.
AND THEN THERE'S A LEFT TURN LANDING.
AND THERE WAS A BIG HOLE IN THE WALL, LIKE WHERE A BODY PART OF
SOME KIND HAD GONE INTO THE WALL AND BROKE THE WALL
I KNEW THAT JUST FROM MY EXPERIENCE, TRAINING THAT,
"OKAY, THIS STARTED UP HERE AND WORKED ITS WAY DOWN THERE.
>> Reporter: AND SHE WAS FIGHTING
>> SHE WAS FIGHTING. YES, SHE WAS FIGHTING.
>> Reporter: NEXT THEY SEARCHED THE BASEMENT AND THE REST OF THE
HOUSE. >> I DON'T SEE ANY BLOOD DOWN
HERE AT ALL. NOTHING THERE.
>> Reporter: WERE YOU ABLE TO CLEAR THE HOUSE?
DID YOU FIND A ROBBER? DID YOU FIND -
>> NOPE. >> Reporter: -- AN INTRUDER OR
ANY EVIDENCE OF AN INTRUDER? >> YEAH, WE CLEARED THE HOUSE.
AND WE FOUND NO -- NOBODY IN THE HOUSE.
>> Reporter: AND NO SIGN OF FORCED ENTRY
BUT WHEN THEY WENT INTO THE GARAGE THEY REALIZED HOW THE
KILLER MIGHT HAVE GOTTEN IN AND OUT.
>> SIDE DOOR TO THE GARAGE WAS OPEN WITH THE INNER DOOR OPEN
THAT GOES INTO A LAUNDRY ROOM. THAT DOOR FROM THE LAUNDRY ROOM
INTO THE KITCHEN WAS ALSO OPEN >> Reporter: BY THEN, MORE
OFFICERS HAD ARRIVED AND TOM CLAYTON, OUTSIDE BY A
POLICE CAR, WAS STILL A MESS >> COME ON OVER HERE AND SIT
DOWN >> I CAN'T, I CAN'T.
I'M SHAKING. >> WELL, THAT'S WHAT I'M SAYING.
YOU WANT TO SIT DOWN SOMEWHERE SIT DOWN
>> I KEEP DOING IT I KEEP SITTING DOWN AND GETTING
BACK UP. >> I SAY CALM HIM DOWN AND SAY,
"CALM DOWN SIT DOWN
RELAX. AND JUST TELL HIM, "HEY WE JUST
NEED YOU TO STICK AROUND BECAUSE WE HAVE TO TALK TO YOU, TRY TO
FIND OUT WHAT HAPPENED HERE. >> Reporter: BUT TO FIND OUT
WHAT HAPPENED, THEY'D HAVE TO GO TO ANOTHER HOUSE WHERE ONE OF
THE COUNTY'S TOP LAWMEN WAS ABOUT TO PERFORM ONE OF THE MOST
DIFFICULT INTERVIEWS OF HIS CAREER
>> IT TOOK ME, PERSONALLY, A LONG TIME TO GET TO WORK THROUGH
IN MY OWN MIND IT STAYED WITH ME QUITE AWHILE
>>> COMING UP -- A CHILD WITNESS.
>> SHE OBSERVED MOMMY FIGHTING WITH WHAT SHE TERMED AS "THE
ROBBER." >> AND A CHILLING SUSPICION.
>> I JUST REMEMBER COREY WALKING UP AND DOWN THE ROAD THE WHOLE
TIME "SOMETHING'S NOT RIGHT
SOMETHING IS NOT RIGHT." RACED TO THE SCENE
SHE'D GOTTEN THE CALL. KELLEY HAD BEEN HURT BADLY
>> SO IT'S PITCH BLACK AND ALL YOU SEE ARE NEW YORK
STATE TROOPER CARS, SHERIFF CARS, CORNING POLICE CARS.
I SEE AMBULANCES ALL THESE LIGHTS
>> OH, GOD, WHERE'S MY SISTER? >> I FIRST RUN TO THE AMBULANCE,
BECAUSE I THINK THEY'RE GOING TO BE WORKING ON MY SISTER.
I'M LIKE, "WHERE'S MY SISTER WHERE IS SHE?"
>> Reporter: POLICE EXPLAINED THE AWFUL TRUTH, KELLEY WAS
DEAD >> WE WERE SCREAMING, WAILING.
I MEAN, I WAS THROWING UP ON THE SIDE OF THE ROAD
>> YOU CAN'T BELIEVE SHE'S DEAD. I MEAN, IT'S, LIKE, IT'S
INCONCEIVABLE THAT SHE COULD BE DEAD
>> THEY WOULDN'T LET YOU SEE KELLEY EITHER, RIGHT
>> NO. THEY JUST KEPT SAYING, "KIM, YOU
DON'T WANT TO SEE HER. >> WAS YOUR FIRST INSTINCT THAT
MAYBE THERE WAS SOME KIND OF A HOME INVASION?
>> YES, IT WAS >> SOME STRANGER
>> YES, IT WAS >> Reporter: KELLEY'S BEST
FRIEND GOT A CALL FROM KIM'S HUSBAND COREY.
>> AND MY DAD DROVE ME THERE AND BY THE TIME I GOT THERE,
EVERYONE WAS THERE >> I JUST REMEMBER COREY
CLENCHING, KEEP CLENCHING HIS FISTS, AND WALKING UP AND DOWN
THE ROAD THE WHOLE TIME. SOMETHING'S NOT RIGHT.
SOMETHING'S IS NOT RIGHT SOMETHING DOESN'T ADD UP
AND WE WERE ALL JUST SO CONFUSED
THEY WOULDN'T TELL US ANYTHING >> NOTHING, YOU KNEW NOTHING
>> NOTHING >> CAN ONE OF YOU STAY WITH HIM?
THAT'S THE HUSBAND >> Reporter: ONE COMFORT,
OFFICERS TOLD THE FAMILY THAT KELLEY'S CHILDREN WERE SAFE AT A
NEIGHBOR'S HOUSE THEY DIDN'T MENTION WHAT THE
LITTLE GIRL HAD BEEN THROUGH >> SHE SAW EVERYTHING.
AND SHE SAW IT HAPPEN. >> Reporter: STEUBEN COUNTY
SHERIFF JIM ALLARD INTERVIEWED THE 7-YEAR-OLD THAT NIGHT.
HE WAS ASTONISHED BY HER POISE AND BRAVERY AS SHE GAVE HIM THE
DETAILS OF WHAT HAD HAPPENED >> HER STORY BEGINS THAT SHE WAS
IN HER ROOM PLAYING ON HER TABLET, AND SHE SAID SHE HEARD
MOMMY YELLING "RUN." MOMMY GOT TO HER DOOR AND GOT
THE DOOR CLOSED. THEN SHE HEARD MORE COMMOTION.
SHE OPENED, WENT INTO THE HALLWAY, FOLLOWED THE COMMOTION
DOWN THE HALLWAY TO THE STEPS AND TO THE KITCHEN AND OBSERVED
MOMMY FIGHTING WITH WHAT SHE TERMED AS "THE ROBBER.
SHE GOT UP AND PANTOMIMED FOR ME OF A PERSON STANDING OVER
ANOTHER PERSON WITH AN OBJECT IN THEIR HAND, STRIKING THAT PERSON
THAT WAS ON THE GROUND AND SHE DESCRIBED THE OBJECT AS
A CYLINDER THAT THE ROBBER, AS SHE KEPT CALLING HIM, USED
>> Reporter: SHE WENT ON TO GIVE THE SHERIFF A DETAILED
DESCRIPTION OF THE SO-CALLED "ROBBER'S" APPEARANCE.
>> SHE DESCRIBED THE PERSON TO ME AS A MALE WEARING JEANS AND A
DARK SHIRT AND A MASK. AND I OFFICIALLY ASKED HER, YOU
KEEP SAYING IT'S A MAN HOW DO YOU KNOW IT'S A MAN
AND SHE TOLD ME, "BECAUSE OF HIS EYES."
AND I SAID, WELL, WHAT ABOUT HIS EYES LET YOU KNOW IT'S A MAN
SHE SAID, HIS EYES ARE JUST LIKE DADDY'S.
SO THEN I STOOD UP AND I SAID, HOW TALL WAS THE GUY
WAS HE TALLER THAN ME OR WAS HE SHORTER THAN ME?
SHE SAID, "HE WAS SAME HEIGHT AS DADDY.
AND I SAID, OKAY AND THEN I SAID, HOW MUCH DID HE
WEIGH? DOES HE -- WAS HE HEAVIER THAN
ME WAS HE THINNER THAN ME
HE WAS THE SAME AS DADDY AND SHE SAYS, "AND THE MASK HE
HAD ON IS JUST LIKE DADDY'S MASK THAT HE WEARS HUNTING.
>> Reporter: THE GIRL SAID THAT AFTER THE ROBBER LEFT, SHE
RUSHED TO HUG HER MOTHER, AND THEN KNEW THERE WAS ONE MORE
THING TO DO. SHE HAD TO GO UPSTAIRS AND TAKE
CARE OF HER 3-YEAR-OLD BROTHER > Reporter: TO THE SHERIFF, THE
7-YEAR-OLD'S STORY WAS BOTH CHILLING AND HEARTBREAKING
>> IT WAS A MEMORY I'LL HAVE WITH ME THE REST OF MY LIFE.
IT'S ONE OF THOSE THAT TAKES A LITTLE PART OF YOU WITH THEM
HERE'S A LITTLE GIRL WHO DOES REMIND ME VERY MUCH OF MY OWN
DAUGHTER AND SHE'S WORKING THROUGH, "I
JUST WATCHED MOMMY BRUTALLY ATTACKED
IT COULD BE DADDY. WHERE AM I
WHERE DOES THIS LEAVE ME >> Reporter: BUT COULD IT BE
TRUE DID SHE REALLY JUST SEE HER
FATHER KILL HER MOTHER THIS HAD BEEN A VERY BLOODY
MURDER AND DEPUTY DEAN SWAN HAD LOOKED
TOM CLAYTON OVER CAREFULLY >> DID TOM HAVE ANY BLOOD ON
HIM? >> I DID NOT SEE ANY ON HIM.
NO NOPE
I ACTUALLY CHECKED HIM FOR ANY INJURIES, OR ANY BLOOD, OR
ANYTHING ON HIM. AND HE HAD NOTHING
>> Reporter: TOM HAD TOLD THE DEPUTY HE'D ONLY JUST COME IN
THE DOOR TO FIND HIS WIFE DEAD HE'D BEEN GONE ALL NIGHT AT HIS
FRIENDS' HOUSE, THE MILLERS, PLAYING POKER.
SO THAT'S WHERE INVESTIGATORS WENT
>> I HEARD THE BANGING ON THE DOOR AND RINGING OF THE
DOORBELL AND I WOKE HIM UP.
I'M LIKE, SOMEBODY'S BANGING AT THE DOOR
>> WHAT TIME IS THIS >> THIS IS, LIKE, 6:00 IN THE
MORNING. >> 6:00.
>> RIGHT >> THAT'S PRETTY EARLY TO GET A
KNOCK ON THE DOOR. >> "NOTHING GOOD HAPPENS FROM
ANSWERING THE DOOR-- >> RIGHT
>> AT 6:00 IN THE MORNING. >> Reporter: WHEN GREG REALIZED
IT WAS THE POLICE AT HIS DOOR, HIS FIRST THOUGHT WAS THAT HIS
DAUGHTERS HAD BEEN IN A CAR ACCIDENT
>> THE INVESTIGATOR TOLD ME, "NO, NOTHING IS WRONG WITH YOUR
DAUGHTERS. DID A GUY NAMED HOCKEY PUCK, AS
YOU KNOW HIM, OR TOM, PLAY POKER HERE LAST NIGHT?
>> HOCKEY PUCK IS TOM'S NICKNAME
>> CORRECT AND I SAID, "YES, HE DID."
HE SAID, "WELL, WHEN HE WENT HOME HE FOUND HIS WIFE MURDERED
LAST NIGHT." >> WOW
>> AND INSTANTLY IT WAS, LIKE, WE'RE LOOKING AT EACH OTHER AND
IT WAS LIKE WE'RE IN A STATE OF SHOCK.
AND I SAID, "OBVIOUSLY YOU PROBABLY WANT TO COME IN."
>> Reporter: GREG GAVE THE OFFICERS THE DETAILS OF THE
PREVIOUS NIGHT TOM HAD BEEN IN HIS BASEMENT
PLAYING POKER UNTIL AROUND MIDNIGHT
>> AND NORMALLY WHAT TIME DID THE GAME WRAP UP
>> USUALLY THE GAMES WOULD GO AT 1:30
BUT WE QUIT AT 12:00, AND BY THE TIME EVERYBODY GOT OUT OF THERE,
IT WAS ABOUT 12:10 >> Reporter: IT SOUNDED LIKE TOM
WAS TELLING INVESTIGATORS THE TRUTH ABOUT WHERE HE'D BEEN AT
POKER NIGHT. THEY LATER DETERMINED THE MURDER
HAPPENED BEFORE THE GAME WRAPPED UP
>> THIS IS A REAL WHODUNIT >> YEAH.
VERY MUCH SO >> COME ON OVER HERE, TOM.
YOU'RE NOT IN TROUBLE, OKAY? I'M JUST GOING TO HAVE YOU HAVE
A SEAT SO WE CAN TALK TO YOU >> Reporter: SO DESPITE WHAT THE
LITTLE GIRL THOUGHT SHE SAW, THE INVESTIGATION WAS FAR FROM OVER.
AUTHORITIES WERE ASKING, WHO ON EARTH WOULD WANT KELLEY CLAYTON
DEAD >>> COMING UP --
>> I REMEMBER KELLEY, YOU KNOW, NOT WANTING TO BE HOME ALONE IF
HE WAS THERE >> A SUSPECT WHO'S NO SURPRISE
TO SOME. AND A SECOND SUSPECT WHO IS.
>> IT DOESN'T FEEL LIKE A SLAM DUNK HERE.
>> Reporter: INVESTIGATORS WERE TRYING TO FIGURE OUT WHAT HAD
HAPPENED IN THE MURDER OF KELLEY CLAYTON.
THEY WERE LOOKING TO THE FAMILY FOR LEADS.
>> THEY WERE LIKE, "LISTEN, LIKE, DO YOU GUYS KNOW OF ANYONE
THAT POSSIBLY, LIKE, COULD OF DONE THIS?
>> Reporter: KELLEY'S NIECE MOLLY HAD AN IDEA.
>> I KIND OF, LIKE, LOOKED AT MY MOM.
AND I WAS LIKE, "YEAH. >> Reporter: MOLLY, ONLY 16 AT
THE TIME, TOLD POLICE SHE'D SPENT THE SUMMER WORKING FOR HER
UNCLE AT HIS RESTORATION BUSINESS, SERVPRO.
AND THERE SHE MET ONE OF HIS EMPLOYEES.
A MAN NAMED MICHAEL BEARD. TOM TOLD HER TO KEEP HER
DISTANCE >> HE NEVER REALLY WANTED ME
AROUND MICHAEL BEARD HE DIDN'T WANT ME, LIKE, WORKING
WITH HIM >> Reporter: MICHAEL BEARD WAS
NO STRANGER TO THE FAMILY. >> HE ACTUALLY HAD DONE WORK AT
MY SISTER'S HOME MY SISTER WOULD GIVE HIS
DAUGHTER HAND-ME-DOWNS, CLOTHES, TOYS
MY SISTER WOULD MAKE LUNCH FOR HIM WHEN HE WAS THERE WORKING AT
HER HOME >> Reporter: WHILE KELLEY WAS
KIND TO BEARD, SHE TOLD HER SISTER SHE DIDN'T ALWAYS FEEL
COMFORTABLE AROUND HIM >> I REMEMBER KELLEY, YOU KNOW,
NOT WANTING TO BE HOME ALONE IF HE WAS THERE
YOU KNOW, HE -- HE WAS CIVIL HE WAS NICE.
BUT I'D -- I DON'T THINK SHE WANTED TO BE LEFT HOME ALONE
>> Reporter: NOW, MOLLY TOLD INVESTIGATORS THAT HER UNCLE TOM
HAD RECENTLY FIRED BEARD >> MICHAEL BEARD WAS FIRED
SEPTEMBER 17TH AND THEN KELLEY WAS MURDERED
THE, LIKE, NIGHT OF THE 28TH, 29TH
SO IT WASN'T LONG AT ALL >> Reporter: WAS IT POSSIBLE
THAT BEARD WAS ANGRY ABOUT LOSING HIS JOB AND THAT KELLEY'S
MURDER WAS SOME KIND OF REVENGE? MOLLY WENT THROUGH HER CELL
PHONE AND HER FACEBOOK CONTACTS AND GAVE INVESTIGATORS BEARD'S
ADDRESS. >> I GAVE THAT TO THEM
AND THEY WERE JUST LIKE, "OKAY, THANK YOU.
>> Reporter: THE STEUBEN COUNTY SHERIFF'S OFFICE NEEDED ALL
HANDS ON DECK AND CALLED IN THE NEW YORK STATE POLICE FOR
ASSISTANCE >> I WAS CONTACTED BY
INVESTIGATORS THE DAY OF THE HOMICIDE
>> Reporter: INVESTIGATOR MATT LAMBERT WAS ASSIGNED TO RUN DOWN
THE MICHAEL BEARD LEAD WHAT DID YOU KNOW ABOUT MICHAEL
BEARD'S BACKGROUND >> HE ACTUALLY WAS A PRETTY
WELL-RESPECTED EMPLOYEE UNTIL SEPTEMBER 17TH, WHEN -- WHEN TOM
HAD FIRED HIM. >> Reporter: WHY DID TOM FIRE
HIM? >> STEALING FROM JOBS AND
DRINKING, I THINK, ON THE JOB AND THAT HE FIRED HIM ON THE
17TH BECAUSE THERE'S MAYBE SOME COMPLAINTS FROM OTHER EMPLOYEES
AT SERVPRO >> Reporter: SO THERE'S SOME
ISSUES THERE >> RIGHT
>> Reporter: BUT BEARD WAS POLITE AND COOPERATIVE WHEN THE
INVESTIGATOR KNOCKED ON HIS DOOR
>> WE SAID, "HEY, CAN YOU, YOU KNOW, TAKE A RIDE WITH US UP TO
THE BARRACKS." AND HE SAID, "YEAH, JUST LET ME
LET MY WIFE KNOW." >> Reporter: AND HE ALREADY KNEW
WHAT IT WAS ABOUT? >> WE TOLD HIM THAT WE WANT TO
TALK TO HIM ABOUT THE -- THE HOMICIDE OF KELLEY CLAYTON
>> Reporter: THE INVESTIGATOR ASKED BEARD WHERE HE WAS THE
NIGHT OF KELLEY'S MURDER HE SAID HE WAS HOME EXCEPT FOR A
BEER RUN >> HE ACTUALLY KIND OF ALIBIED
HIMSELF AT THAT POINT SAYING THAT HE WAS AT THAT STORE THE
NIGHT BEFORE, AND THAT SAME CLERK WORKING SHE COULD PROVE
THAT HE WAS IN THE STORE THE NIGHT BEFORE
>> Reporter: DID - DID HE EXPRESS THAT HE KNEW
ANYTHING ABOUT KELLEY'S MURDER >> NO, HE DIDN'T SAY THAT HE
KNEW A THING ABOUT THE MURDER. >> Reporter: IS HE TELLING YOU
ANYTHING ABOUT TOM CLAYTON >> NO.
JUST THAT HE HAD WORKED FOR HIM. >> Reporter: AND BEARD DENIED
ANY HARD FEELINGS TOWARD HIS FORMER BOSS, SAID HE AND TOM
WERE STILL FRIENDS IN FACT HE TOLD THE INVESTIGATOR
IT WAS TOM'S PARTNER WHO FIRED HIM, NOT TOM
AND TOM WAS EVEN TRYING TO HELP BEARD FIND ANOTHER JOB
>> Reporter: ARE YOU GETTING ANY BAD FEELING FROM HIM
ARE YOU SUSPICIOUS OF HIM? >> NOT AT ALL.
>> Reporter: SO YOU'RE THINKING THIS IS GOING TO BE SOMETHING
THAT WE'RE GOING TO CROSS OFF THE LIST
>> YES I DIDN'T EXPECT TO SEE HIM
AGAIN. >> Reporter: TO THE INVESTIGATOR
AND THOSE CLOSE TO KELLEY, MICHAEL BEARD DIDN'T SEEM LIKE A
GOOD SUSPECT AFTER ALL >> Reporter: DID YOU THINK IT
WAS -- IT WAS POSSIBLE THAT HE'S A DISGRUNTLED EMPLOYEE
HE WAS, YOU KNOW, TAKING REVENGE?
>> I DIDN'T. BECAUSE IF YOU'RE DISGRUNTLED,
WHY WOULDN'T YOU KILL THE PERSON THAT YOU'RE DISGRUNTLED AGAINST?
I MEAN, "I'M -- I'M ANGRY AT YOU, SO I'M GOING TO GO KILL
YOUR WIFE. >> Reporter: BUT AS A MATTER OF
PROCEDURE, THE INVESTIGATOR ASKED BEARD FOR A DNA SWAB AND
PERMISSION TO LOOK THROUGH HIS CELL PHONE
>> HE WAS VERY, VERY FORTHCOMING.
VERY WILLING, NO PROBLEMS. JUST VERY COOPERATIVE.
>> Reporter: WHILE THE STATE INVESTIGATOR WAS CHECKING OUT
THE NOT-SO-PROMISING MICHAEL BEARD TIP, SHERIFF'S
INVESTIGATORS HAD TOM DOWN AT THE STATION.
DETECTIVE DONNIE LEWIS SAID THEY STILL HAD QUESTIONS.
>> Reporter: FOR THE MOST PART, IT LOOKS PRETTY GOOD FOR TOM
>> CORRECT >> Reporter: THIS ALIBI IS
PRETTY STRONG. >> ABSOLUTELY.
I MEAN, THE WITNESSES THAT SEE HIM AT THE POKER GAME, WE KNOW
WHERE HE WAS ALL NIGHT >> Reporter: THAT'S NOT THE END
OF THE STORY, THOUGH >> THAT IS NOT THE END OF THE
STORY. >> Reporter: NOT THE END OF THE
STORY BECAUSE THERE WAS SOMETHING INVESTIGATORS JUST
COULDN'T GET AROUND, THE DAUGHTER'S STORY
HER DESCRIPTION OF THE KILLER, IT WAS POWERFUL EVIDENCE THEY
COULDN'T IGNORE. AND SO JUST HOURS AFTER THE
MURDER - >> DEFENDANT WAS REMANDED IN
STEUBEN COUNTY JAIL WITHOUT BAIL
>> Reporter: THEY ARRESTED KELLEY'S HUSBAND TOM CLAYTON AND
CHARGED HIM WITH MURDER. >> Reporter: HOW CAN YOU ARREST
HIM? WHAT ARE YOU ARRESTING HIM BASED
ON >> THERE -- THERE'S A LOT OF
SUSPICION. THERE'S A LOT OF -
AND BASICALLY WE HAVE TO HAVE PROBABLE CAUSE TO MAKE AN
ARREST >> Reporter: WHAT WAS THE
PROBABLE CAUSE >> THE BIGGEST THING, THE OLDEST
CHILD HAD MADE COMMENTS THAT IT LOOKED LIKE DADDY, IT HAD
DADDY'S EYES >> AND AS OF THE END OF TODAY --
>> Reporter: TANNER JUBENVILLE COVERED THE STORY FOR NBC
AFFILIATE WETM-TV. >> I DON'T KNOW HOW THEY CHARGED
HIM HONESTLY I DON'T KNOW HOW THEY CHARGED
HIM SO QUICKLY >> Reporter: HE SAYS THE ARREST
HAD EVERYONE IN THE NEWSROOM SCRATCHING THEIR HEADS
>> THOMAS HAD A GREAT ALIBI. I MEAN, HE WAS AT A POKER GAME
15 MINUTES AWAY. EVEN HOURS AFTER THEY ARRESTED
HIM, I DON'T REALLY KNOW WHAT GROUNDS THEY HAD AS FAR AS
ACTUAL EVIDENCE CONNECTING HIM TO THE DEATH
>> Reporter: IF TOM WAS KILLER, THEN THERE HAD TO BE A HOLE IN
THAT ROCK SOLID ALIBI. OR MAYBE THE AUTHORITIES,
THINKING THE HUSBAND ALWAYS DOES IT, HAD ACTED TOO FAST
>> IT DOESN'T FEEL LIKE A SLAM DUNK HERE, ARRESTING THIS MAN.
>> NO, IT DOES NOT >>> COMING UP, THE MYSTERY OF
THE MISSING PHONE CALL >> I PULLED UP MY PHONE AND I'M
LIKE, SEE IF THERE WAS A NUMBER THERE.
AND THERE WAS NOTHING. >> Reporter: STEUBEN COUNTY
SHERIFF'S INVESTIGATORS HAD MADE A QUICK ARREST IN KELLEY
CLAYTON'S MURDER, HER HUSBAND, TOM.
TO MANY, INCLUDING KELLEY'S BEST FRIEND ANDREA, IT DIDN'T MAKE
SENSE. >> I LOVED HIM
SHE LOVED HIM. HE WAS PART OF OUR FAMILY.
WE WERE PART OF THEIRS >> Reporter: THE MILLERS WERE
ALSO CONFUSED. THEY KNEW TOM COULDN'T HAVE
KILLED KELLEY BECAUSE HE WAS AT THEIR HOUSE WHEN SHE WAS
MURDERED >> WAS THIS A NORMAL NIGHT, JUST
LIKE ANY OTHER MONDAY? >> ABSOLUTELY, JUST LIKE ANY
OTHER MONDAY, YES. >> Reporter: BUT NOW THE MILLERS
WONDERED, HAD THEY MISSED SOMETHING?
THEY STARTED THINKING LIKE DETECTIVES
>> I'M, LIKE, GOING OVER EVERYTHING IN MY HEAD.
AND I'M LIKE, "WHAT THE HECK WHY?
YOU KNOW, ALL THIS STUFF "WHO COULD IT BE
WHAT'S GOING ON? >> Reporter: THEN LINDA MILLER
REMEMBERED TOM AT THE POKER GAME, ASKING A FAVOR
>> I WAS DOING DISHES, AND HE CAME INTO THE KITCHEN AND SAID,
"HEY, CAN I BORROW YOUR PHONE FOR A SECOND?"
HE SAYS, "I LEFT MINE OUT IN MY CAR.
I HAVE TO CALL WORK. I SAID, "OH, OKAY.
SURE." I SAID, "OH, IT'S ON CHARGE.
JUST A SECOND. AND HE FOLLOWED ME INTO THE
BEDROOM. AND I UNPLUGGED IT, AND I HANDED
IT TO HIM. AND HE SAID, "THANKS."
AND IT SEEMED LIKE JUST A COUPLE OF MINUTES LATER HE WAS BACK AND
LIKE, THANK YOU. AND HE PUT IT ON THE TABLE
>> Reporter: IT WASN'T ODD AT THE TIME, BUT NOW THE PHONE CALL
AROUND 11:00 P.M SEEMED IMPORTANT.
WHOM HAD TOM CALLED? >> I PULLED UP MY PHONE AND I'M,
LIKE - SEE IF THERE WAS A NUMBER THERE.
AND THERE WAS NOTHING. >> SO THERE SHOULD BE A NUMBER
IF - >> SHOULD BE A NUMBER HE
CALLED - >> HE CALLED SOMEBODY ON THE
PHONE. >> RIGHT, AND I'M LIKE, "THAT'S
STRANGE. AND I SAID, "GREG, CAN YOU LOOK
AT MY PHONE? >> I SAYS, "THERE'S --
THERE'S -- THERE'S NOTHING." >> IS PART OF YOU THINKING, "OH,
MAYBE HE JUST DECIDED NOT TO MAKE THE CALL"
>> NO, BECAUSE I HEARD HIM TALKING.
YOU'D HEAR THE - LIKE, THE MUMBLING, JUST A VOICE
SPEAKING OF SORTS, BUT NOTHING INTELLIGIBLE
>> Reporter: AS THE MILLERS STRUGGLED TO MAKE SENSE OF THAT,
THEY CALLED THE OTHER MEN WHO'D BEEN AT THEIR HOUSE THAT NIGHT
THE POKER PLAYERS RECALLED THE SAME DETAIL.
TOM'S PHONE WAS ALWAYS WITH HIM. >> HE HAD HIS PHONE AT THE POKER
TABLE? BUT HE TOLD YOU HE LEFT HIS
PHONE IN HAD CAR >> THAT'S WHAT HE TOLD ME.
>> Reporter: MORE THAN A LITTLE SUSPICIOUS, THE MILLERS KEPT
DIGGING. THEY WENT ONLINE TO CHECK
LINDA'S PHONE RECORDS. AND THERE IT WAS, THE NUMBER TOM
DIALED ABOUT AN HOUR BEFORE THE MURDER, A NUMBER THEY DIDN'T
RECOGNIZE. INVESTIGATOR DONNIE LEWIS TOOK
IT FROM THERE. >> SO WHAT I DID WAS I GOT THE
NUMBER AND PUT IT INTO ACTUALLY FACEBOOK ON MY PHONE, AND AS
SOON AS I PUT THAT PHONE NUMBER IN THERE THE PROFILE THAT POPS
UP IS MICHAEL BEARD. >> Reporter: MICHAEL BEARD, THE
EX-EMPLOYEE WHO'D BEEN SO COOPERATIVE WITH INVESTIGATORS
SUDDENLY, HE DIDN'T SEEM SO INNOCENT
NOW POLICE HAD TO RECONSIDER THEIR THEORY OF THE CRIME.
MAYBE IT WASN'T TOM WHO'D BEATEN KELLEY TO DEATH.
MAYBE HIS DAUGHTER'S DESCRIPTION OF THE KILLER WAS WRONG.
MAYBE IT WAS MICHAEL BEARD SHE SAW.
>> THIS PHONE CALL, THIS IS, LIKE, THE KEY.
THIS IS IT >> THAT'S THE FIRST REAL
CONNECTION THAT WE HAD THAT PUT BEARD ANYTHING TO DO WITH THE
MURDER THAT KIND OF JUST ALERTED US
RIGHT OFF THE BAT AS WE NEED TO GO TALK TO MICHAEL BEARD AGAIN
>> HE DENIED ANY TYPE OF INVOLVEMENT.
HE EVEN DENIED RECEIVING THE PHONE CALL
THEY NEVER TALKED. >> DID THAT SEEM ODD TO YOU?
>> THAT DID SEEM ODD HE DENIED HAVING ANY TYPE OF
CONVERSATION HE SAID HE DIDN'T EVEN REMEMBER
RECEIVING IT, AND HE WOULDN'T HAVE ANSWERED A CALL THAT
WASN'T -- THAT HE DIDN'T KNOW THE NUMBER
>> Reporter: AND WHEN INVESTIGATORS LOOKED AT BEARD'S
PHONE, THERE WAS NO SIGN OF A CALL FROM LINDA MILLER'S CELL.
>> IT HAD BEEN, UH, ERASED HE EXPLAINED THAT AWAY BY SAYING
THAT HE, THE NIGHT BEFORE, HAD TO RECYCLE HIS MINUTES ON HIS
PHONE. IT WAS A LITTLE BIT SUSPICIOUS
TO ME. >> Reporter: DID YOU START TO
COME DOWN REALLY HARD ON HIM LIKE, I DON'T -- WE'RE NOT
BUYING YOUR STORY? >> IT WASN'T HARD.
IT WAS MORE LIKE I WAS TRYING TO SAY, "LET THE TRUTH OUT,"
BECAUSE HE WAS HAVING PHYSICAL -- LIKE, HIS STOMACH
WAS ROLLING. AND I WAS SAYING, "MIKE, JUST
LET THE TRUTH COME OUT LET IT COME OUT.
IT WANTS TO COME OUT LET THE TRUTH COME OUT
IT'S NOT ADDING UP YOU GOT TO STOP.
YOU HEAR YOUR BODY RIGHT NOW YOUR BODY'S TELLING YOU THAT
YOU'RE NOT TELLING THE TRUTH JUST GET IT OUT.
>> Reporter: WHILE INVESTIGATOR LAMBERT WAS SPEAKING WITH BEARD,
HE WAS INTERRUPTED BY A COLLEAGUE WHO HAD BEEN GRILLING
BEARD'S WIFE SHE MENTIONED A DRAMATIC PIECE
OF INFORMATION, SOMETHING ABOUT A BIG PAYMENT BEARD WAS
EXPECTING TO GET FROM TOM. $10,000.
THE INVESTIGATORS CONFRONTED BEARD.
>> AT THAT POINT, HE WAS JUST DEFEATED
I LOOKED AT HIM AND SAID, "$10,000, IS THAT WHY YOU KILLED
KELLEY?" AND HE LOOKED AT ME AND SAID,
"YES." >> THIS WAS YOUR BIG MOMENT?
>> THAT WAS THE -- THAT WAS THE WIN
>> Reporter: MICHAEL BEARD WAS ARRESTED FOR MURDER.
AND TOM, ALREADY IN CUSTODY, WAS NOW ACCUSED OF ORCHESTRATING THE
CRIME. BUT TOM'S NEWLY-HIRED DEFENSE
ATTORNEY WASN'T HAVING IT. >> HE WANTS TO BE REUNITED WITH
HIS CHILDREN HE FRANKLY IS GRIEVING THE LOSS
OF HIS WIFE. >> Reporter: INVESTIGATORS HAD
QUICKLY ARRESTED TOM BASED LARGELY ON A CHILD'S
DESCRIPTION, WHICH TURNED OUT TO BE WRONG
NOW HIS ATTORNEY SAID THEY SEIZED ON A CONFESSION THAT WAS
ANYTHING BUT TRUE. WHO WOULD BE BELIEVED?
>> THIS IS EVERY INNOCENT PERSON'S NIGHTMARE
>>> COMING UP, A SECRET REVEALED
>> HE TOLD ME THAT HE WAS SLEEPING WITH OTHER WOMEN.
>> Reporter: WAS THAT ENOUGH OF A MOTIVE FOR A JURY TO CONVICT
TOM OF MURDER? >> I HAVE NEVER BEEN IN A ROOM
THAT WAS FILLED WITH SO MUCH ANXIETY.
>> Reporter: TOM CLAYTON STOOD ACCUSED OF HIRING A HITMAN TO
KILL HIS WIFE, AND KELLEY'S FAMILY AND FRIENDS WHO ONCE
LOVED TOM LIKE A SON AND BROTHER WERE TRYING TO PROCESS THE IDEA
THAT HE MIGHT BE A KILLER. >> THE BETRAYAL AND THE
CONFUSION. YOU DON'T KNOW WHAT TO THINK
THE FEAR, JUST BECAUSE NOTHING IS MAKING SENSE AND YOU TRY TO
MAKE SENSE OF SOMETHING THAT'S NOT LOGICAL.
>> THIS HAS BEEN SUCH A BETRAYAL OF SOMEONE THAT'S BEEN IN OUR
LIVES FOR A NUMBER OF YEARS. >> WERE YOU TRYING TO GIVE HIM
THE BENEFIT OF THE DOUBT AT ALL? >> I WANT TO SAY THERE WAS NO
LOOKING BACK YOU KNOW
I BELIEVE HE WAS INVOLVED. >> Reporter: IF KELLEY'S SISTER
HAD ANY DOUBT ABOUT TOM'S GUILT, IT WAS ERASED WHEN SHE SAW HIM
IN COURT FOR THE FIRST TIME. >> I WAS THERE AT HIS BAIL
HEARING. HE HAD A BULLET PROOF VEST ON,
SHACKLES, NO EMOTION HE DOESN'T LOOK.
HE DOESN'T CRY AND HE GETS OUT ON $250,000 CASH
BAIL >> THAT'S PRETTY LOW
>> AND HE'S BEEN OUT EVER SINCE. >> Reporter: AND HE SEEMED
DETERMINED TO PROFESS HIS INNOCENCE TO ANYONE WHO'D
LISTEN >> HE SAID, I'D LIKE TO TELL YOU
MY SIDE OF THE STORY I SAID, I REALLY DON'T WANT TO
HEAR IT. I DON'T WANT TO GET ANY MORE
INVOLVED AND HE'S, LIKE, PARTIALLY CRYING
AND HE'S SAYING, YOU KNOW, I WOULDN'T DO THAT
>> Reporter: MONTHS WENT BY AS THE STATE PREPARED THE CASE
AGAINST EACH MAN MICHAEL BEARD WAS THE FIRST TO
GO TO TRIAL. IN COURT, HE RECANTED HIS
CONFESSION AND CHANGED HIS ACCOUNT OF THE MURDER.
BUT PROSECUTOR WEEDEN WETMORE SAID EVIDENCE PUT BEARD AT THE
CRIME SCENE. >> HIS DNA WAS FOUND WHERE SHE
HAD FLED AFTER BEING STRUCK IN THE HEAD WITH THE MURDER WEAPON.
>> Reporter: IT TOOK JURORS ONLY SEVEN HOURS TO CONVICT HIM
>> A JURY FINDS MICHAEL BEARD GUILTY OF WHAT THE PROSECUTION
IS CALLING A MURDER FOR HIRE SCHEME
>> Reporter: IF BEARD'S CASE HAD BEEN A SLAM-DUNK FOR
INVESTIGATORS, TOM CLAYTON'S WOULD BE ANYTHING BUT.
THE PROSECUTOR KNEW HE COULDN'T USE BEARD TO TESTIFY AGAINST
TOM. >> EVEN IF HE CAME FORWARD AND
SAID, "I WANT TO TESTIFY NOW," HE HAD LIED SO MANY TIMES.
HE HAD LIED AT HIS OWN TRIAL >> BEARD HAD CHANGED HIS STORY
SO MUCH AT HIS OWN TRIAL THAT HE WOULDN'T HAVE BEEN A CREDIBLE
WITNESS. >> Reporter: TOM AND HIS LAWYER
POUNCED ON THAT, TELLING REPORTERS THAT BEARD ACTED ON
HIS OWN. >> THIS IS PURELY MR. BEARD'S
DOING, WHAT WE DO KNOW IS THAT MR. CLAYTON HAD NOTHING TO DO
WITH THE DEATH OF HIS WIFE >> Reporter: AND TOM'S LAWYER
DIDN'T STOP AT MICHAEL BEARD HE WENT AFTER THE INVESTIGATORS.
HE SAID THEY HAD TUNNEL VISION WHEN IT CAME TO HIS CLIENT
>> HE SAID, "YOU'LL HEAR IT. YOU'LL HEAR IT FROM THE BODY CAM
VIDEO. >> SHE'S BEAT THE [ BLEEP ]
SHE'S BEAT UP. >> YOU GOT A SUSPECT
>> THE HUSBAND >> THE HUSBAND
Reporter: THE LAWYER BELIEVED EVERYTHING THAT FOLLOWED IN THE
INVESTIGATION HAD BEEN POISONED. >> HE WAS SIMPLY JUST BEING
WRONGFULLY ACCUSED AND POLICE JUST RUSHED TO JUDGMENT AND THAT
THEREFORE LED TO AN INCOMPLETE INVESTIGATION.
>> Reporter: AND IN FACT, INVESTIGATORS NEVER FOUND
EVIDENCE THAT TOM PAID BEARD FOR A HIT.
>> Reporter: AS FAR AS TOM CLAYTON, THERE WAS NO
CONVERSATION OVERHEARD THERE WAS NO MONEY EXCHANGING
HANDS. YOU COULDN'T EVEN USE THE
CONFESSION FROM MICHAEL BEARD. SO, THERE WERE A LOT OF THINGS
YOU DIDN'T HAVE. >> RIGHT, BUT IF YOU LOOK AT
THOMAS CLAYTON'S CONDUCT, HE NEVER MENTIONED MICHAEL BEARD.
EVERYBODY SAYS, "MICHAEL BEARD SHOULD BE AN IMMEDIATE SUSPECT."
HE NEVER MENTIONED MICHAEL BEARD TO THE POLICE.
TO ME, THAT'S -- THERE'S A REASON FOR THAT.
>> Reporter: AS THEY PREPARED FOR TRIAL, INVESTIGATORS KEPT
DIGGING. THEY DISCOVERED A FLURRY OF
CALLS AND TEXTS IN THE WEEKS LEADING UP TO THE CRIME.
>> CLAYTON WAS CONTACTING BEARD, SAYING, "HEY, WE HAVE TO MEET.
HE WAS GETTING HIM A BICYCLE, SO HE WAS HAVING THESE CLANDESTINE
MEETINGS >> Reporter: INVESTIGATORS ALSO
PULLED SURVEILLANCE FOOTAGE FROM OUTSIDE TOM'S BUSINESS
THEY BELIEVED THIS WAS VIDEO PROOF OF A CONSPIRACY.
THAT'S BEARD, THEY SAY, IN A RED TRUCK THAT TOM LOANED HIM JUST
HOURS BEFORE THE MURDER. AND THAT'S TOM FOLLOWING IN HIS
GREEN SERVPRO TRUCK. >> ALSO KNOW THAT DURING THAT
TIME PERIOD BEARD TURNED HIS PHONE OFF, TURNED IT ON, TURNED
IT OFF AGAIN >> WHY DO YOU THINK HE DID THAT?
>> WELL, THE INFERENCE TO BE DRAWN FROM THAT IS THAT HE HAS
GUYS ARE NOT NAIVE THEY KNOW THAT THERE'S A
POSSIBILITY OF BEING TRACKED WITH THEIR PHONES.
>> Reporter: THEN, AFTER THE MURDER, THE VIDEO SHOWS WHAT
LOOKS LIKE BEARD RETURNING TO TOM'S BUSINESS TO DROP OFF THE
TRUCK. THERE ARE ITS HEADLIGHTS
ENTERING THE LOT AND INVESTIGATORS BELIEVE THAT'S
BEARD GETTING ON THE BIKE TOM GAVE HIM, PEDALING AWAY UNDER
THE COVER OF DARKNESS. >> THE TRIAL FOR THOMAS CLAYTON
IS NOW SET TO BEGIN. >> Reporter: THE COURTROOM WAS
PACKED AS TOM'S TRIAL BEGAN. >> I HAVE NEVER BEEN IN SUCH A
TENSE, ANXIOUS ATMOSPHERE. THE COURTROOM WAS TYPICALLY
TENSE THROUGHOUT THE ENTIRE TRIAL, BUT AS FAR AS ANXIETY WAS
CONCERNED, I HAVE NEVER BEEN IN A ROOM THAT WAS FILLED WITH SO
MUCH ANXIETY >> Reporter: THE ONLY ONE WHO
DIDN'T SEEM TENSE TO THE REPORTER WAS THE DEFENDANT
HIMSELF. HE SAW TOM CLAYTON SMILING AND
KIDDING AROUND WITH FAMILY MEMBERS.
HIS LAWYER, THOUGH, WAS ON THE ATTACK
HE TOLD THE JURY HOW INVESTIGATORS HAD IMMEDIATELY
LABELED TOM A KILLER ON THE NIGHT OF THE MURDER.
>> I THINK HE ATTACKED HER >> Reporter: AND THE DEFENSE
SAID INVESTIGATORS REFUSED TO CHANGE THEIR MINDS EVEN AFTER IT
WAS CLEAR MICHAEL BEARD WAS THE ONE WHO BEAT KELLEY TO DEATH
>> THE DEFENSE HAD BASICALLY ALLUDED TO THE FACT THAT THERE
WAS A PSYCHOSIS IN MICHAEL BEARD.
AND THAT HE OUT OF JUST HATE AND REVENGE AGAINST THOMAS AND HIS
OTHER BOSSES WENT TO THE HOUSE THAT NIGHT WITH THE INTENT OF
STEALING AND TAKING MONEY AND KILLED KELLEY IN THE PROCESS
>> Reporter: THE PROSECUTION SAID THAT WAS NONSENSE
MICHAEL BEARD HAD NO REASON TO MURDER KELLEY UNLESS HE WAS SENT
THERE BY THE DEFENDANT, TOM CLAYTON.
THE STATE CALLED LINDA MILLER TO TESTIFY.
SHE RECOUNTED HOW TOM BORROWED HER PHONE AND THEN DELETED THE
NUMBER HE'D DIALED, NEVER DREAMING SHE'D DO HER OWN
DETECTIVE WORK >> YOU REALLY CONNECTED THE
DOTS TO GET THE POLICE TO THIS
MOMENT >> YEAH.
>> SHE DID GOOD. >> IF YOU CAN CALL IT GOOD
>> Reporter: FINALLY, THE PROSECUTOR SAID HE KNEW WHY TOM
WANTED HIS WIFE DEAD HE CALLED KELLEY'S NIECE MOLLIE
TO THE STAND >> HE JUST TOLD ME A LOT OF
STUFF ABOUT THEIR RELATIONSHIP >> Reporter: MOLLY TOLD THE JURY
ABOUT THE SUMMER SHE WORKED FOR HER UNCLE TOM.
SHE SAID HE TALKED A LOT ABOUT HIS MARRIAGE
>> THAT HE WASN'T IN LOVE WITH HER ANYMORE, THAT KELLEY WAS
VERY LAZY. AND HE TOLD ME ABOUT HIM TRYING
TO SLEEP WITH OTHER WOMEN AND THAT HE WAS SLEEPING WITH OTHER
WOMEN. AND HE TOLD ME THAT HE ALSO WAS
GETTING CLOSE TO A DIVORCE HE JUST WANTED TO BE DONE.
>> Reporter: THE PROSECUTOR TOLD THE JURY THIS WAS TOM'S MOTIVE
HE WANTED TO GET RID OF HIS WIFE BUT KEEP EVERYTHING ELSE
>> I THINK HE WAS CONCERNED THAT HIS WIFE, IF THEY WENT THROUGH A
DIVORCE, THAT SHE PROBABLY WOULD GET EVERYTHING AND THIS WAS AN
OPPORTUNITY JUST TO START ANEW >> Reporter: AFTER SEVEN WEEKS
THE CASE WENT TO THE JURY. KELLEY'S SISTER AND THE
PROSECUTOR BRACED THEMSELVES >> NOW WE WAIT
>> Reporter: BUT NOT FOR LONG. IT TOOK JURORS JUST SIX HOURS TO
MAKE THEIR DECISION. AS THEY FILED BACK INTO THE
COURTROOM, THE REPORTER NOTICED A CHANGE IN TOM CLAYTON.
>> THAT WAS REALLY THE FIRST TIME THAT I SAW ON HIS FACE THAT
YOU GOT THE SENSE OF THIS GUY FINAL KNEW THAT, OH, GOD, I
COULD GO TO PRISON FOR LIFE, DEPENDING ON WHAT THEY'RE ABOUT
TO SAY >> Reporter: AND THEN THEY SAID
IT "GUILTY OF FIRST DEGREE MURDER."
OUTSIDE THE COURTHOUSE THERE WERE TEARS
LOTS OF THEM >> THANK YOU
I BELIEVE JUSTICE WAS DONE HERE TODAY.
I DO >> Reporter: TOM CLAYTON WAS
SENTENCED TO LIFE WITHOUT PAROLE
HE LATER FILED AN APPEAL BUT WAS DENIED
HE HAS A NEW ATTORNEY WHO IS WORKING ON HIS CASE.
MICHAEL BEARD HAS ALREADY BEGUN SERVING A LIFE SENTENCE.
IT SEEMS SO MANY IN TOWN WANT TO HONOR KELLEY, EVEN TOM'S OLD
HOCKEY TEAM. THE ELMIRA JACKALS JUST HELD A
TRIBUTE FOR HER AND VICTIMS OF DOMESTIC VIOLENCE.
KELLEY'S CHILDREN DROPPED THE CEREMONIAL FIRST PUCK TO START
THE GAME >> I'M TELLING YOU, KELLEY IS
WITH ME. AND I HAVE A VERY STRONG FAITH
I HEAR HER DAYS, SAYING, GET UP. LET'S GO
WE HAVE GOT TO DO THIS AND I DO
I HAVE HER BEAUTIFUL BABIES AND MY OWN
YOU KNOW, YOU HAVE TO KEEP ON KEEPING ON
>>> THAT'S ALL FOR NOW