>> would it take a genius to concoct that? >> brian was a desperate man with far motive for murder. a man at the end of his rope that had a desire for money and a plan for violence and the evidence in this case is going to prove it. >> still, the defense thought it had an uphill battle. he knew it didn't help his case that his client was an unfaithful husband and gambler. >> it showed he was a bad man because he gambled. he had an affair. they said that was another thing that showed he was a murder. it was just ludicrous. >> from the start, he and his co-counsel wanted the jury to know, okay, sure, brett a gambler himself was deep in debt but he was in debt to an old friend he had known since he was