>> i didn't want to get my hopes up, but i thought, wow! this is just incredible. >> but there was still a potentially fatal weakness in the case. dna certainly put art gutierrez, christie's former boyfriend, in her condo, and her compulsion for neatness strongly suggested art's visit occurred just before the murder. but that by itself didn't prove he killed her. one thing that could help persuade a jury that gutierrez was, indeed the killer, and that was a suspected lie he had repeated to detective davis. the last time he saw christie, he had said, was about two to three months before her murder and never once after that. trouble was, none of that was on tape. the jury wouldn't be able to hear gutierrez tell his incriminating lie. >> there's an instruction that jurors are given that basically says that any unrecorded statement of the defendant you are to view with caution. you know, that's a hurdle. >> perhaps even a jury hanger, especially given the circumstantial nature of this