and that was the day that susan was going to be run over. >> how may i help you? >> hi, i made reservations last night for cinco de mayo, and i wasn't sure if i told you 7:30 or 8:00. >> it's an alibi. kelly and ira wanted everybody from work to see that they were with them acting normal when susan got killed. >> reporter: as the trial date drew closer, moran was feeling pretty good about his case and his star witness. but there was a hitch. after kelly got out of jail, instead of rolling on ira, she moved in with him. kelly seems like she has this fierce loyalty to ira. >> she certainly does. >> reporter: kelly was now too much of a wildcard, so instead of going to trial the prosecutor offered ira a deal. 15 years in prison, eligible for parole in five. >> there was a real defense here. >> reporter: ira's attorney, jeff millman, says even though he believed ira had a strong defense he knew going before a jury could be a gamble.