Transcripts For KNTV Dateline NBC 20170424

But thats not true. Each is accusing the other of the crime . Yes. And you have to figure out who the killer is. Thats the problem. Reporter broken glasses, a pair of sandals, speck of blood. Would investigators get it right . No one on our side of the family had any doubt. We may have the wrong guy in jail here. Reporter would a jury . It was a battle. Both sides are coming guns blazing. Reporter im lester holt and this is dateline. His story is all lies. I didnt do it. Reporter who will you believe . Tonight, Dennis Murphy with true lies. Reporter bill kyne knew he was a lucky man. The single dad with five kids was getting a Second Chance at love. She was the most wonderful lady id ever met. Reporter he first set eyes on her at a nail salon, a business she ran with her twin sister. And theyre standing in front of this big neon sign that says, nails. And i said, do you all do nails here . And they just looked at the sign and then looked at me and said, yeah. Reporter her name was diane. A vivacious blonde, with a ready smile. He saw diane through the window, so the next weekend i went to get my nails done. Reporter rebecca kyne is bills youngest child. Gave him an excuse to meet her. Rebecca you were being used as bait. Do you realize this now looking back . Oh, i was fully aware at the time. Reporter it was a light moment and just what bill needed. Only eight months earlier, hed become a widower. My wife, krista, she fell in the middle of the night. They say she hit her head and she drowned in the pool. I pulled her out of the pool Easter Sunday morning in 2000. I pretty much fell apart. And there i was a single dad, trying to raise them and, you know, keep the family going. He loved my mom. He loves her to the moon and back and then he lost her. He was just lonely and you could see it in him. And my brothers were definitely egging him on to get out and meet somebody. Reporter and in diane, bill met somebody special. Diane comes into the picture and he has this beautiful woman and now shes taking care of him. He was in love with her. He needed that. He needed her. She was actually what i consider by dream girl. Blonde hair, blue eyes, and just a beautiful person inside and out. What did she like to do . What tickled her . She loved to raise animals. She bred yorkshire terriers. We loved going to nascar races together. She had just a big heart and she would reach out to family and friends, anyone who was in trouble, they could always count on her. Reporter and the person who counted on her most was her son kevin. Im an only child. I was actually through my whole childhood was raised by my nana. Now my mom, she worked full time and was a single parent. Reporter kevin could be a handful but he was always a bit of a mamas boy and diane doted on her young son. Me and my mom every day when we woke up, every night before id go to bed, wed say we love each other. I mean, we loved each other immensely. We were best friends. Reporter things moved quickly for diane and bill. Kevin thought they just seemed right for one another. He was a kind person. He did do a lot for my mom. He gave her what she wanted. And they lived a happy life. Reporter bill and diane married in 2002. Kevin was 15 years old when he walked his mother down the aisle. They moved into bills home on a quiet cul de sac in seminole, florida, near st. Petersburg. A solid neighborhood. Good schools. For the first time, kevin had a steady male role model in his life. So how was kevin fitting into the picture here . Kevin was fitting into the picture quite well really. He really took to me more than anyone else that diane dated with, she told me that. And you know, we got along very well. Reporter kevin appreciated bill so much, he wanted to take his name. He wanted his name to be the same as his mom and i. And i was very proud of that. Reporter so, whats wrong with this picture . Not much. Kevin got along fine with bill but joining a big family with five kids was a challenge. He didnt always fit in. There was tension, and a lot of it swirled around the new baby of the family, young kevin. You could tell he was raised as an only child because he was all about himself and all about his way all the time. Reporter but, kevins cousin tanya says the kyne kids didnt make things easy for their stepbrother. The kids werent accepting him at first. You know, they were mean and kevin felt like an outsider . A little bit, yeah. I think it was a lot of friction in the house. Reporter in the summer of 2010, things in the kyne house were tense and coming to a head. Kevin, now 23, was jobless and still living at home. And then he had brain surgery to remove a benign tumor. He felt he needed time to recover but bill and diane were ready for the next chapter of their lives and his. We had actually been talking a long time about buying our dream home. Diane and i wanted to get out on our own, start our own life together. We were looking for a place of our own. But kevin comes too. No, youre 23 years old. Its time for you to be on your own. I needed to get out. We all knew that. And i wanted to. They wanted the house to themselves. I wanted to be on my own, too. I dont wanna live with my parents the rest of my life even though were extremely close. Reporter on august 15, 2010 thoughts of dream homes and moving out faded into the routine of a hot florida sunday. Bill mowed the lawn and cleaned the pool. Kevin was looking forward to the nascar race and sprawled out on the couch. Diane settled into the master bedroom. Reporter it happened a little before 2 00 p. M. A desperate call for 911. Help me, please. Please stop. Ok, calm down, so he killed my mom. Reporter then, moments later another call. A different voice. Oh, no, diane. Ok, theyre on their way, all right . I dont think shes breathing. Oh please. Sir . Be quick. Reporter something unspeakable had happened in the kyne house. A senseless, violent act. A mystery with lots of clues but no easy answers. Its almost like a Agatha Christie mystery, or something, where theres only three people there, and one of them is dead. So the killer has to be one of the other two. Reporter but which one of the other two . That was the question that would haunt police. When we come back. Its a difficult case. Reporter the evidence at the scene. Theres broken glasses and a shoe. Reporter who would it point to . Both father and son tell their stories down at the station. I said, kevin stop he grabs me and he throws me to the ground and takes off running. Hes very good at making up stories. But thats not true. Fivesecond rule protection. New lysol kitchen pro eliminates 99. 9 of bacteria without any harsh chemical residue. Lysol. What it takes to protect. Its your glass of willpower that helps keep cravings. Far, far away. 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Clearasil rapid action begins working fast for clearly visible results in as little as 12 hours. But will it stop this teen from chugging hot sauce . Oh jeremy. So lets be clear clearasil works fast on teen acne, not so much on other teen things. screaming when you see an intruder, you act fast. Boo. So do we. Uh, why arent you running away . Raid kills roaches seven times faster than the next leading ant and roach spray. Seven times faster . gasps raid get raid and get tough on roaches fast. Its good to be tough. Sc johnson, a family company. 911. Is this a fire, police or medical emergency . Reporter the 911 operators in Pinellas County, florida, are used to dealing with life and death emergencies. But this one was different. Diane kyne was dead. Her husband and son were both distraught and both making frantic calls. First, kevin. My dads trying to kill me. Help me, please. Hes outside of my house. Hes choking me. Okay, calm down. He killed my mom. Stay on the phone with me. I cant hold on much longer. Reporter and then, bill. My son just killed my wife. He and my wife were arguing and he was choking her. Where is your son . He he ran out the door. Reporter two calls from the same location, just minutes apart. Kevin kyne and his stepfather bill each accusing the other of murder. Oh, please. Sir . Be quick. Reporter Tampa Bay Times reporter Curtis Krueger says the competing calls were even more unusual because they were made in the heat of the moment. One person, presumably, is calling and telling the truth. The other person has already figured out the story that theyre going to use thats not true. Thats pretty rare, and certainly quick and devious thinking by someone. Reporter father and son, one falsely accused of an appalling crime. The other the real killer and a devious liar. The case would be a tough one. It went to veteran homicide detective jim beining. They both immediately accused each other as being the killer. So, you got to evaluate all these stories and figure out whats really going on. I do. Its a difficult case. Reporter First Responders found diane kynes lifeless body face up in her own bed. Kevins loving mother, bills loving wife, was just 49 years old. It appears that she is died from possible strangulation or asphyxiation. And theres some other things in the room. Theres broken glasses at the bottom of the bed and a shoe. Maybe most interestingly there was blood blood on the bed cover, blood on the victim, upper leg, huh . Yes, the the victim had three small spots of blood on her leg. Reporter things were in disarray both inside the house and in the front yard. Beining took a quick inventory. There are shirts in the driveway and the yard. Um, pair of shorts. A phone was in the front yard. Just those visual observations. Any of that stuff explain itself to you about what might have happened there . Not really, no. At this point, weve got to interview the the two people that were there. Who do you begin with . Begin with bill. Reporter detectives asked bill to come down to headquarters so they could get his story. All right, bill, um, you do know why were here tonight, right . His story is he and kevin were going to sit down and watch the nascar races on television. Reporter bill says kevin went to the master bedroom to talk to his mom. I hear her holler out, kevin, in a loud voice. And probably five, ten, 15 minutes goes by, so i get up to go see whats going on. I push the door open and i see kevin on top of diane. I ran in, grabbed kevin from the back, pulled him back off of diane. He slammed me back into the armoire and he scooted out the door. I caught him at the kitchen. He was throwing me around like i was a rag doll. He shook me off again, took off for the door, he ripped the metal off of the door handle pulling it out so hard. So, now this tussles going on in the yard. Its moved outside. Now, were out in the front yard. I grabbed him and and his shirt came off. At one point, i guess, his shorts came off. He had reached into his shorts before they came off, pulled out a cell phone and he dialed 911. And he says, hes outside of my house. Hes choking me. Please help. I said, kevin, stop lets stop this he says, okay, dad. Okay, ill stop. He grabs me and he throws me to the ground and takes off running. And hes gone. Hes gone. Reporter bill then tried to catch his breath and collect his thoughts. His daughter rebecca found him head in hands outside the house. He looked so empty. When we got to my dad, he just he looked he looked like you just took the life right out of him. You took his life away again. And i just i broke down for him. I couldnt do anything but just reach out and hug him. Reporter with bills story on the record, detective beining then talked to kevin to get his version of events. He said it started as just another sunday, with no hint of the tragedy to come. I was just kind of feeling a little off so i laid down on the couch, was watching the race and stuff. Bill tapped me on the head and said, your mom needs to talk to you right now. And he actually tapped me on the scar. It was still scarred up and it hurt. And i said, okay, well im sleeping im not feeling good right now. Tell her ill be a minute. And he came back again, did the same thing, your mom needs to talk to you right now. I went towards her room and i pushed the door open. And as soon as i pushed the door open, he grabbed me from the back of the neck and put me in a choke hold. Bill did . Yes, sir. And he put me in a choke hold. And i was screaming, mom, mom, mom, mom, please help me, anybody. And i saw my moms face. Her face was black and blue. It was it wasnt even blue. It was just black and it was absolutely horrible. And thats a mental picture thats going to be in the back of my mind for the rest of my life probably. Youve been fighting on the front lawn. Youve been calling to the neighbors for help. Youre calling 911 for help. Where does it go next . Well, at that point, i finally got away from him. I did break free. I ran as fast as i could. Are you running away from a murder scene . Yes, sir. Im running away from somebody that had just murdered my mother and somebody that was trying to murder me. Now, this story gets told a completely different way from bill. His version is that he comes into your mothers bedroom sees you on top of her, that you were on top of your mother killing her. Did that happen, kevin . No, sir. Hes very good at making up stories. But thats not true. You didnt kill your mother. No, sir, i did not. Reporter two distraught 911 calls. Two dramatic stories describing a coldblooded murder. Only one of them could be true. Reporter coming up did you lie . I did not lie. Reporter a polygraph, dna and the curious death of wife number one. Bill had a wife that drowned in the pool. Reporter was bill kyne becoming suspect number one . When dateline continues. Hey youve gotta see this. Cmon. No. Alright, see you down there. Mmm, fine. Okay, what do we got . Okay, watch this. Do the thing we talked about. What do we say . Its going to be great. Watch. Remember what we were just saying . Go irish see that . Yes im gonna just go back to doing what i was doing. Find your awesome with the xfinity x1 voice remote. A woman murdered. Two men in the house. Each is accusing the other of the crime. Yes. Only one did it. And you have to figure out who the killer is . Thats the problem. Its an axiom in your business that the spouse is always a suspect until theyre not. Yes. Reporter not only is the husband always a suspect, this husband had already been accused of killing his wife by his own son. So, detective jim beining started taking a hard look at bill kyne. Are you finding out anything about bill . Well, we did that puts him in the frame . Sure. You know, bill had a previous marriage and they lived at the same home. And he had a wife that was, that drowned in the pool. That would interest me. Sure it would. Did it interest you . Oh, absolutely. Reporter bills first wife krista died in the middle of the night. There were no witnesses, but investigators believe she tripped, hit her head, and ended up drowning in the pool. Police ruled it an accident and bill collected on an insurance policy. Do you know how much money was paid out on her death . I believe it was approximately 250,000. Reporter bill had other insurance payouts too. One when his automotive shop burned down, another on an Investment Property fire. He was also the beneficiary on policies for diane totalling 750,000. Are you a guy that plays fraud games on insurance on the companies of bill . No. Every one of those was investigated. Is this all consistent, the arson, the insurance payouts, including up to dianes death . Right. cause thats the picture that comes together against you. Yeah. I understand that. This is not fraud on your part. Absolutely not. Reporter but kevin, bills main accuser, says the motive for his mothers murder is obvious. She was worth more dead than alive to his stepdad. Let me hear your indictment for bill kyne for murder. Kills your mother why . Money. 750,000 could help him out a lot. Reporter detectives thought they had a plausible motive. Now they combed through bills 911 call and his lengthy interview on the day of the murder. Not everything seemed to add up. Reporter Curtis Krueger noticed something curious reported by the first deputy at the scene. The First Responders arrived, and attempted to take a pulse of diane, and they found her body to be somewhat cold. And that of course indicates that she may have been dead for a while. Reporter that deputy arrived just minutes after bill said hed caught kevin in the act. Dianes body temperature may have suggested a different timeline. Detective beining was troubled by another part of bills story. He said he never went back to check on diane after kevin ran off. I assumed that she was already dead. But it had all been so brief. Did you get a good look at her no, i did not. What her condition was. I would think, when you come back in, youd immediately go to her bedside and thats see whats goin on. That probably wouldve been i wish i would have. But you didnt do that. I didnt do that. Reporter bill would not have had to check on diane if, as kevin said, he was the one who killed her. And when the crime lab reported on the first items sent for dna testing, the results seemed to place bill directly at the crime scene. Remember, diane died of asphyxiation. Testing showed bills dna profile on a sample taken from her neck. We were a very loving couple. We slept in the same bed together. Yeah, my my dna should be on her. Reporter a reasonable explanation for a bad fact. But was it the truth . Detective beining reached into his toolbox for something to help assess bills credibility. He asked him to take a lie detector test. You agreed to take a lie detector test. And you flunked the critical questions. I flunked certain questions. Two questions, and i wont paraphrase, but they both had to do with whether you caused her death or knew what happened to her. Reporter one of the questions, did you cause the death of diane kyne . Bills answer, no. Another question did you lie about kevin being on top of diane on august 15, 2010 . Bills answer . Once again, no. According to the test results, both of those answers showed deception. Central stuff, not peripheral stuff, the central questions. Youre not getting through the lie detector. Did you lie . I did not lie. Thats why they dont use lie detectors in courtrooms, cause they can issue false readings. If the guys flunking the test and the son says he did it, its not a good set of facts. No. For bill, is it . No. Thats why we, now we have to attack bill. Reporter did they ever. Beining, along with detective anthony stevens, brought bill in for more questioning the same day he flunked his polygraph test. This time they put the screws to him. Shes dead and theres only two people who could have done it. Okay . And im here to tell you right now his dnas not on her neck and yours is. You also said you didnt go in the room, too. You already knew she was dead. Thats why you didnt go in the room and the only way you could have known that is to possibly be involved. Reporter it was a withering interrogation and bill kyne cracked. He changed his story and said he did, in fact, go into his bedroom after the fight with kevin. Why would you lie to us about certain statements . Got no logical explanation. Detectives dont like to be lied to and here hes told you a lie. First statement, im not in the room. Now youre sweating him and and he is in the room. And now hes in the room. And its like, you know, bill, you said you werent in the room. Whats goin on . Does he backpedal again from that story, detective . He does. He just says hes i thought it would be better if i said i was in the room. Reporter if bill thought changing his story about going into the bedroom to check on diane made him look better, he was probably the only one. I have told you what really happened. Which version are we supposed to believe . You havent been truthful to us at this point. You see how this is going . Uhhuh. You fail a polygraph. Your dna is on her neck. His isnt. The mountains starting to build. Reporter detectives thought it looked like a mountain of evidence against bill kyne. What would the evidence say about kevin . Reporter coming up his glasses were found at the bottom of the bed. Reporter could there be a mountain of evidence against kevin too . I said your blood was found on your moms leg. Whats your explanation for that . How your clothes smell can say at lot about you. Thats why new downy protect and refresh conditions fibers to lock out odors. So clothing odors dont do the talking for you. Lock out odors with new downy protect and refresh. Clearasil rapid action begins working fast for clearly visible results in as little as 12 hours. But can ot fix this teens skateboarding mishap . Nope. So lets be clear clearasil works fast on teen acne, not so much on other teen things. Sure shutup i can do that do i have to . I dont want there to be white marks. Good bye beautiful dress i never got to wear. Nothing no dust, theres no marks. Its really dry what is this . Oh my god, its dove i knew it its a 48 hour antiperspirant. No white marks. On a 100 colors. I would absolutely use this. I think you converted me ltry align probiotic. N your digestive system . 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Ill only use an oralb the 1 brand used by dentists worldwide. Oralb. Brush like a pro. Clearasil rapid action begins working fast for clearly visible results in as little as 12 hours. But will it stop this teen from chugging hot sauce . Oh jeremy. So lets be clear clearasil works fast on teen acne, not so much on other teen things. Reporter detectives thought they had compelling evidence against bill kyne. And when they started checking out his stepson, kevin, they realized hed been on their radar before. Your deputies had a history of being called out to that house. They did. Reporter five years earlier, when kevin was 18, he got into an argument with his mothers sister. Assistant state attorney Bill Loughery describes what kevin did next. The Police Showed up he fought with the police and even was trying to have his dog attack the police during it, so he was arrested for battery on a Law Enforcement officer and resisting arrest. Reporter kevin pleaded guilty. And now, deputies from Pinellas County were back at the house, this time investigating the murder of diane kyne. Bill, whod said his son did it, was painting a picture of kevins violent past. I had never seen anybody act the way that kevin acted out. Reporter just three months before, bill said kevin had brandished a knife against his mother. He was frustrated about something and said, youre going to listen to me. He had a knife in his hand. And it scared the heck out of her. Reporter kevin says that never happened. Another time, kevins mother bolted her bedroom door to keep him out. He kept pounding on the door and pounding on the door and he finally kicked it in. And it broke the door. Reporter was bill deflecting attention away from himself . Or telling the truth about the man he insisted killed his wife . His daughter, rebecca, backed him up and attacked kevin in her interview with the cops. He was a little hothead. He would come in and throw his weight around. Reporter like the time, she said, kevin tried to goad bill into a fight at the house, siccing the cops on him. He would puff up and get in my dads face screaming for him to hit him, please hit me. Ill call the police, and youll go to jail right now. It was the classic kinda boy crying wolf scenario, because bill apparently hadnt done anything. It was just kevin trying to get bill in trouble and calling 911. Reporter kevin says he didnt goad bill, and made that call because bill shoved him. And things got so bad bill and diane even took legal action to throw him out. Diane told him, kevin, dont push me. Youre going to see what we can do to get you out of this house. He didnt believe her. I went to my attorney. He drew up the papers and we had him legally evicted. You can do that . You can evict a child . He was 21 at the time. Reporter but diane loved her only child and couldnt cut the cord. She let him come home. The summer of 2010, however, was racing towards a showdown. Tensions in the family were high. The kyne house was cramped with four extra people. Bills son and his family camping out on couches because of financial troubles. Kevin wasnt making things any easier, obnoxious about sharing the household computer. He was the computer hog. Thats all he ever wanted to do was sit on the computer. It wasnt even his computer, but he would change the passwords and kick everybody off. Reporter kevins mother was furious. Shed stop talking directly to him, trying to avoid the persistent arguments. Theyre just talking via emails . Completely. 30 feet across the house and theyre communicating by email . Not even 30 feet at times. Reporter the last straw was kevin cursing out his mother in front of the encamped family. Called her a bitch, called her the c word. Called her a retard. Reporter diane and bill gave kevin a deadline to get out for good, september 21st. But five weeks before that deadline day, diane was dead, and bill said kevins temper and violent past pointed to him as the only one who could have done it. Did kevin kyne kill his mother, diane . Yes. And the reason he did it . Because he was being kicked out of the house and wanted to get his own way. And the reason that you should not be looked at for her murder is what . I didnt do it. Im the one that pulled her murderer off of her that day. Reporter but kevin had already told detectives that that was all lies. He hadnt been near his mother. Never made it into the bedroom. Detectives, however, knew theyd found something important inside and it belonged to kevin. His glasses were found at the bottom of the bed. Which seems to belie his statement that he didnt get into the room . Right. Reporter kevins violent history and those glasses did him in. He was arrested, charged with killing his mother and held in jail. But that wasnt the end of the story. Not by a long shot. Remember, bill kyne had flunked his lie detector test. Kevin, meanwhile, had also agreed to be wired up. They asked you the critical questions. Oh, of course. All around one question, did you kill your mother . Exactly. You passed the polygraph test. Yes, sir. Passed it, flying colors. When the polygraph stuff came back, your thought was, we may have the wrong guy in jail here. Reporter the prosecutor acted quickly. He handed kevin a getoutofjailfree card, releasing this accused killer back into the community. I felt as a prosecutor, and my goal here is justice, that i thought it would be wrong to have kevin sitting in jail with with the status of the case at that moment. Now, that doesnt necessarily mean we had enough evidence to put bill in jail. Reporter so the prosecutor convened a grand jury in early 2011, hoping to sort things out. He asked kevins lawyers about letting kevin testify. Allison miller was one of his public defenders. We found him credible. We found him compelling. Shoot, maybe we put him in front of a grand jury and they believe him and he never gets indicted. I wanted the story out there. I wanted the truth to be out there. And i felt like it would help me if i could present myself to these people. Reporter kevin told his story to the grand jury. How he stood at the bedroom door, shocked by his mothers ghastly appearance, and then bill jumping him from behind. He goes into how he never went in the room. Reporter but kevin was at a big disadvantage. He at that point doesnt know about the blood evidence. Reporter three specks of blood had been found on dianes leg and more on her bed cover. Lab analysis, just back, showed it was kevins blood, but only the prosecutor knew that. I said, you know, your blood was found on your moms leg. Whats your explanation for that . I have no explanation. Reporter in the battle of competing stories, the grand jury broke the tie. Kevin kynes gamble to testify had backfired. He was indicted on the spot for first degree murder. As hes leaving the courthouse from the grand jury, hes brought back in and arrested again. Reporter the case had been unpredictable from the start. It had rival 911 calls. Conflicting murder accounts. My son just killed my wife. Reporter now in the courtroom, thered be even more surprises. Reporter coming up the sandal scandal. He actually says ive never seen them before. But what did science find . His dna was on them. Reporter would a jury vote to convict kevin . Or could it all swing right back to bill . Its just so fake reporter when dateline continues. And my hygienist says it does. But. Theyre not all the same. Turns out, theyre really. Different. Who knew . I had no idea. So, she said look for. One thats shaped like a dental tool with a round. Brush head. Go pro with oralb. Oralbs rounded brush head surrounds each tooth to. Gently remove more plaque and. Oralb crossaction is clinically proven to. 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Straight years, and its still recommended today. Use as directed. The following ad for your viewing convenience. I finally switched to geico. Oh yeah . Ended up saving a ton of money on car insurance. I hear they have a really great mobile app. The interface is remarkably intuitive. Thats so important. Clearasil rapid action begins working fast for clearly visible results in as little as 12 hours. But will it stop this teen from being embarassed by her parents . Nope. So lets be clear clearasil works fast on teen acne, not so much on other teen things. screaming when you see an intruder, you act fast. Boo. So do we. Uh, why arent you running away . Raid kills roaches seven times faster than the next leading ant and roach spray. Seven times faster . gasps raid get raid and get tough on roaches fast. Its good to be tough. Sc johnson, a family company. Reporter july 2012. Two years after diane kyne was murdered in her own bed, her son, kevin, stood trial for killing her. Bill kyne, the other man whod been under intense suspicion, came to the courthouse every day, still feeling the loss of his wife. She was everything id ever dreamed of in a lady. We were going to spend the rest of our lives together. Sheriffs office. Reporter in this unusual case of dueling 911 calls and conflicting murder accounts, the prosecutor was confident that blood evidence would sink the sons story and fully support the husbands. Who was your best witness . I think probably anna cox was, really. Reporter anna cox, a bloodstain expert, testified that kevins blood was not only on his mother but also on her bed cover. If he says he wasnt in the room, does your scientific finding deny that premise . Yes. Theres no question in your mind. Science tells you he was in that room. Yes. You had to be right next to the comforter. Reporter to the prosecutor, it was a home run, confirming bill kynes story that he opened the door and saw kevin straddling the bed on top of diane. And, loughery argued, kevins blood at the crime scene had to get there during a struggle with his mother or when bill pulled him off her. It put the lie to his story that he was not in there. Theres no innocent explanation. Reporter and his broken glasses had been found in the bedroom, along with birkenstock sandals, one inside the room, one by the door. He was adamant they were not his sandals. Yes. He never wore them. He actually says, ive never seen them before. But what did science find . His dna was on em. So, why would he lie about those shoes . And the reason hed lie is cause the shoes show hes in the room. Reporter bill kyne took the stand to tell his horror story about that day. And he put his personal stamp on those birkenstocks. Diane and i bought them for him at sams club about a year or so prior to this incident. Reporter bill recalled the time when kevin tried to pick a fight with him, then called 911. Testimony the defense fought to keep out but lost. I wanted the jury to know that he was like a boy who cried wolf who would make 911 calls frequently. Reporter bill said kevin was hardest on his mother, especially in the summer of 2010 when she gave him the deadline to move out, and he cursed her out in front of the whole family. Thats it. She says, i cant live with you one second longer. How close is that to the day the awful day . Probably a week. Reporter the prosecutor theorized kevin just snapped and killed his mother in a rage after one last argument. Kevins lied. His dnas in the room. Its consistent with bills story. Its inconsistent with his story. Therefore, he did it. We both believed bill kyne was the person who killed diane kyne. Reporter the defense argued that bills story was not true and that his dna was all over the crime scene. The dna on dianes neck, the dna on the pillows, the dna on the folded sheets, to me, was a slam dunk. Thats reasonable doubt. Reporter the defense offered a theory that kevins blood had sprayed toward the bed after he was scratched by bill in their fight at the door. The defense also argued that bill was the real killer. If its not our guy, it has to be him . We did say that. I dont know if it was just not as aggressively as it needed to be said. Reporter maybe if theyd hit bill harder, jurors would have found reasonable doubt. But they didnt. After four hours, the jury came back with a verdict guilty. Second degree murder. Kevin kyne was sentenced to life in prison. My throat went down to my ankles. I mean, it was a horrible feeling. There were no winners. Kevin was going to be in jail for the rest of his life. I i lost the woman i was going to grow old with. It was heartbreaking. Reporter but Allison Miller still believed in kevin and wouldnt give up. Murder convictions rarely get overturned but allison thought an appeal had a solid chance. Shed objected to the judge letting in the old 911 call kevin made to get bill in trouble. I argued that should not be admissible. Reporter she said it prejudiced the jury against kevin and an Appeals Court agreed. Two years after his conviction, kevin was granted a new trial. It was a stunning turnabout. Allison rushed to phone kevin in prison. So, i called and said, can i speak to kevin kyne . And some very helpful person was like, well, honey, it doesnt work like that. We cant just put him on the phone, you know . You have to schedule an appointment. And i was like, can you just tell him hes getting a new trial . I was astounded. I was extremely happy. I was hurting for my dad. No one on our side of the family had any doubt as to what happened that day. Reporter in february of this year, it was florida vs. Kevin kyne round two. Same courtroom, same judge and same prosecution strategy. Theres really nothing to change. And, considering that he was convicted the first time, you know, it wasnt like you would say, oh, we should have done it this way or done it that way. Reporter not so for the defense. Allison miller and cocounsel Jessica Manuele were in attack mode from the opening gavel. Were going to fight everything that needs to be fought. If were going down, we are going down swinging this time. You know, the judge and the state, they kept telling us, well, this wasnt an issue the first trial. Nobody objected to this the first trial. Hey, guys. I dont know if you realize but were hoping for a different outcome. Reporter one jawdropping difference the defendant himself, a classic beforeandafter weight loss, about 75 pounds worth. When i went to prison, my main goal was to lose everything and become fit. A lot of courtroom observers thought you cleaned your client up quite a bit. In appearances and also his interior, his demeanor, huh . Yeah, he looked a lot more presentable and also he he grew up a lot. Reporter the defense had pulled its punches on bill kyne in trial one but not this time. Hes the obvious suspect. Reporter now, it seemed as though bill was the one on trial. Bill kyne has lied over and over and over again. Hes lied to save his own skin. Hes lied to protect himself. Hes lied to set up my client for murder. And the state expects you to convict kevin based on that mans word. It was funny. Judge probably said 20 times, you know, there are two sets of prosecutors in this room. Reporter Allison Miller played bills 911 call, asking the jury to use its common sense. Why didnt he rush in to save diane . Sheriffs office. My son choked my wife. Your son choked your wife . Yes. Okay. They were fighting and okay. Hold on for me. Its so fake. I mean, the heavy breathing, and then he starts to get emotional. Oh, diane. Oh, no, diane. Its just so fake. This case is about money. Reporter the defense also hammered hard on motive bills. Bill kyne collected 750,000 when diane kyne died. Three quarters of a Million Dollars sounds a lot more like motivation to me than a computer password or wanting to stay in the house. Reporter the rebooted defense now had one last change a blockbuster new witness. And what is your decision . Im going to testify, maam. Reporter coming up on the stand, thered be some changes, too. The sandals he never wore . No, i wore them. Reporter the bedroom he never entered . I mightve took one or two steps just opening the door. Reporter will a jury believe his story this time . We felt confident that he would be able to hold it together. But you never know, do you . You never know. Exactly. I think we all know who you are. But tell us your first and last name for the record, please. Kevin lee kyne. Reporter this wasnt kevins first time under oath. He testified before the grand jury and thats when he got indicted. Now here he was again, putting himself and his story on the line. It was a highstakes gamble. Were you and your mom close . Very close. Reporter kevin was instructed by his attorneys, Allison Miller and Jessica Manuele, to talk directly to the jurors. We said if you expect them to believe what youre saying, you better look them in the eye and tell them the truth. Did you ever call your mom a bitch . I did. Did you ever call your mom a retard . Unfortunately, i did. We said, kevin, is this true . Are you disrespectful . Yes, maam. Well then, you concede it all. Reporter a preemptive strike, part of the plan to soften kevin and give jurors reason to doubt that an immature, bratty 23yearold could turn into a coldblooded killer. What this jury wants to hear is you say you didnt kill your mother. Kevin, did you kill your mom . No, maam. Reporter but evidence of kevins blood on dianes thigh had always been the defenses toughest challenge. The states theory is the blood got there once bill and kevin start struggling. Reporter but, from day one, kevin had maintained he never entered the room when he was attacked by bill. Now, he would give himself and his blood some wiggle room to get closer to his mother. When you opened the door, did you take any steps into the bedroom . I mightve took one or two steps just opening the door. Reporter in crossexamination, the prosecutor challenged kevin as a flipflopper. This taking one or two steps, this is the first time youve said that in four and a half years, right . I was always saying that i opened the door and thats as far as i went. You were always saying you never went in the bedroom, right . I did not go further than the door, sir. I think kevin was probably in a state of shock, and im not sure he entirely knows how far he got in that bedroom. Reporter kevin also shifted his story on those sandals. You dont recall wearing these . No, i wore them. They were comfortable shoes just to slide on around the house, to go out and smoke a cigarette. I dont think i understand. So theyre like the house shoes or something . Correct. Reporter after kevin left the stand, his attorneys could only hope their new strategy, clean up kevin and dirty up bill, had worked as the jury got the case and began deliberations. Your honor, the jury has indicated theyve reached a verdict. Reporter it took six hours. Would you hand the verdict form to the deputy, please. The little time it takes them to get that verdict form from the jury box up to the judge, to the clerk to read feels like eternity. In the state of florida vs. Kevin lee kyne the charge of murder in the second degree, the defendant is found not guilty. Reporter not guilty. That was probably the best feeling i felt in ten years. You got your life back that day . I did. Reporter kevins paternal grandmother, his biggest supporter, cried tears of joy. Across the aisle, bill kyne muttered to himself. I was devastated. I couldnt believe it. Sometimes, the bad guy wins. You reclaimed his life. You pulled him out of the abyss . Yeah, yeah. Good job. You, too. Any lawyer that tells you they never lost a case never tried any tough cases. Reporter prosecutor loughery was still certain he put the right defendant on trial twice. It doesnt mean he didnt kill his mother. It just means that a jury said he didnt. Reporter the jury foreman said the defenses strategy to put kevin on the stand worked. I just dont believe that the evidence points to kevin. Reporter not only was there reasonable doubt, this juror believed kevins testimony over bills, in part because kevin looked directly at him. Did that make a difference to you, making eye contact, acknowledging your presence . Yeah. cause the eyes tell something. Bill didnt look at us once. Reporter the next day, the judge released kevin. Good luck, mr. Kyne. Thank you, your honor. Please dont come back. I wont. Good. Reporter outside, kevin met his grandmother and then the local media. Im innocent. Theres got to be a guilty party. Wheres justice for your mother in all this . Im hoping, coming. So that way, justice is served for my mother. Reporter the fifth amendment prohibits double jeopardy so kevin cant face charges in this case again. But bill could. I would like the prosecutor to ask the Sheriffs Office to reinvestigate diane kynes death. Thats silly. Id love to be the defense attorney on that case. Theres no way bill kyne would be convicted. Because, not only does the evidence not show that, but the defense would be kevin did it. Who is kevin kyne . Who is this guy . Kevin kyne is a name on paper. That man is not a kyne. And he is not my family. So wheres justice for diane in all this . Kevin did serve some time in prison. And i i dont believe that diane would even want him to serve life in prison for her murder. But in my mind, he should still be behind bars. Reporter but now, kevins got a Second Chance at life. He says hes dedicating it to his mother. Shes looking down, and she sees that im maturing. And i am gonna be the man that she wanted me to be. Reporter so, in the end, what do we make of this mindboggling whodunnit where no one can say for sure who murdered diane kyne . Leaving a husband and son, still pointing the finger at each other, still professing love for diane but one of them still defiantly lying about having killed her. Reporter thats all for this edition of dateline. Im lester holt. Thanks for joining us. This sunday President Trump and the first 100 days. He is rejecting the deadline calling it ridiculous and at the same time rushing to meet it. No administration has accomplished more in the first 90 days. No vick toik like tory like obama care. But he got his man on the supreme court. The most important thing is appointing people to the United States supreme course. Plus, our brand new nbc news wall street journal poll. What the voters think of President Trump. The numbers are record setting. Also, who should be happy about that Georgia Special election . Democrats who came close . We have defied the odds. Or the republicans that forced a runoff. And the oreilly factor. What bill oreilly did for the conservative movement and what his departure could do now. Joining me are savanna guthrie. Peggy nunan, and cornell belcher. Welcome to sunday, its meet the press. The longest running show in television history, celebrating our 70th year. Good sunday morning, after being elected mayor of new york, he walked the streets saying how am i doing. President traump has dismissed the 100 day mark and also raced to meet it. We have a new poll to tell us how americans think the president is doing. In short, not well. 40 of those polled approve of his performance so far. And by far the lowest we have recorded at this stage of any presidency in our 25 year history of this poll. 64 say he is off to a fair or poor star. And finally 46 say they feel more hopeful with president