proof enough that the prosecution's argument didn't hold up. >> when you walk in the house, there's no way that there's even 12 feet there. >> reporter: what's more, according to the defense team, conrad never told the police heidy shot herself in the bathroom. instead he told them he had no idea where she was when he heard the shot. tell me your theory of what happened here. >> we believe that heidy truman shot herself in this very area, and we believe that she fell right in the area directly in front of me on the ground, and that's the very area where she was found when law enforcement entered the home that night. >> reporter: which they also said was completely consistent with the m.e.'s testimony that heidy would have fallen after only a step or two. >> she would have gone to the ground immediately. >> reporter: your argument is she did fall down. >> exactly! >> reporter: and she fell right about here. >> yes. that's exactly what our argument is. >> reporter: according to moffat, this was not a simple mistake. is this just a case of a smalltown police department