Transcripts For WCAU Dateline NBC 20141220

We lived how we lived. Robbing peter to pay paul. Investigators became suspicious. I keyed on the gun that was in his right hand. It looked like it was placed there. The dead mans wife said she had been asleep. How is it you didnt hear the shot . Her stepdad said he had no idea what happened. I dont remember a lot. We drank two bottles of vodka. Prosecutors said, one of them had to be lying. There were two glasses with ice in both glasses. It tells us that two people are up drinking. Now a Stunning Development in this holiday tragedy. Suicide or something truly s sinister. Im lester holt and this is dateline. Here is Keith Morrison with in the dead of night. Reporter some people blamed the booze. That is, when it was all over he was extremely intoxicated. Reporter when the body bag made its way to the morgue, and the folks from csi craned their necks around fallen furniture and telltale pools of blood, and the survivors struggled to explain im trying to remember it as best i can. Reporter that it must have been the booze or the gun. A pistol, a semiautomatic handgun. Reporter where did that come from . Or that email, the one that preceded so much vodka. And i was like, you know, why are why are you trying to worry about this now . Like, theres nothing you can do. Reporter something had to be going on that no one understood. It was weird and it didnt make sense. He would never do that. When you start putting all the pieces together, you only get one explanation and thats murder. Reporter well, to understand any of it, this is as good a place as any to begin san clemente, california. Time the morning of the previous day. A wednesday, december 29th 2010. A man named rob fisher, expolice officer turned attorney with a thriving practice in family law, got into his car and pointed east to phoenix six hours into the desert, where his grandchildren were eager to see their papa. It was a short trip just to kind of exchange presents. Reporter this, every christmas, was one of his favorite errands of the year. Im sure every grandfather says this, but you know they throw up their hands and scream, papa, and come and run and almost knock you over, you know. Reporter theres nothing quite like that, is there . Its pretty wonderful. Reporter in fact rob fisher felt like a lucky man again. Didnt for a long time. Not after an injury prematurely ended his police career, and certainly not when his then wife suffered so horribly through her cancer, and then died holding onto his hand. But now . He was surrounded by good friends, his career was finally back on track. He was happily remarried and still cherished the relationship with his former wifes family. He was gonna come and see the girls and spoil them, like he always did, take em shopping for christmas. Reporter this is robs oneandonly step daughter, belinda. They would run, run and jump in his arms, papa and it would just brighten his day. You could see that it was just genuine, the love between them. Reporter the brief Christmas Holiday visit from rob would be for belinda another chance to work through the grief, the searing grief, she still felt for the mother lost to cancer. This is well, something that you still had with rob afterwards, is that you had yeah. Reporter your mother. Uhhuh. Reporter and you helped each other work through that loss. It was hard for me. Because that was still reporter sure. A connection to my mom. Reporter rob was also looking forward to seeing belindas husband. What would you call him, his step soninlaw . Hardly a classic soninlaw relationship. They were only theyre only, like, a year and half apart in age. Reporter yeah. Did they did they behave like friends, or like yeah, like reporter father, son buddies. No, not like father and son. More like buddies. I dont have any biological children, so that was my family. Reporter rob, like belinda, loved lees outsized personality, his bursting confidence and charisma. Loudtalkin new yorker, big salesman, always filled up the room, im macho kinda guy. Reporter this is lees sister lisa. He was a selfmade entrepreneur, no college degree, started several companies. Reporter sometimes they did reasonably well. Sometimes, often in fact, not so much. But give up . Nah. In fact, even as rob drove across the desert to phoenix on that 29th of december, lee radder was waiting for news about his latest venture, a big one. The big one. Waiting for what he believed could be the best news of his whole business life. It was gonna make us boatloads of money. Reporter and that was where things were when poppop came to visit . Yup. Reporter rob arrived a little after noon. Belinda was at work when he picked up the girls and took them shopping for their belated christmas presents. Then the whole family got together for dinner at this restaurant. And afterwards went back to the house where happy little girls were tucked into bed. And lee poured the nightcaps. Lee was a good host. Okay . He liked reporter glass was never empty. He liked to make sure that you had, you know that there was beverages there if you wanted to partake. Reporter and then, well into their evening of liquid refreshment, lee received an email. A moment youll want to remember, as you hear this story. And after . He drank. Quite a lot. Cocktails, more cocktails. Reporter and got kinda carried away with the cocktails. Yeah. Reporter a great deal of vodka. They started drinking and the girls went to bed and robert and my brother stayed up. Reporter one of them wound up dead. And one of them wound up dead. Reporter what happened in those boozy, bleary hours between midnight and dawn . Well, thats the mystery, isnt it . And a very strange tale it will be. Whats your emergency . He shot himself. I dont get it. He shot himself. Okay. Who shot himself . How could a night that started out with family exchanging gifts, end in gunfire . For belinda, it would be a haunting question. I remember walking out, and just not even believing this, just saying, what . What are you doing . Right away, investigators would be asking belinda their own questions. Reporter if, apparently, he shot himself, why did you take belinda down to the station . Awwww. We call it the awww moment. And thats why he went to jared. The galleria of jewelry. Whaoh wow t . hello, humans. Focus on me focus on the guard. Dont tell anyone what youve seen in here. Have you seen whats in there . They have intel. This is where it all changes. Wefa la la la la. Ies today come on everybody say. Fa la la la. The most amazing thing about the ford fusion isnt the way it looks. The most amazing thing . Is the way it sees. With blind spot technology, a lanekeeping system and a standard rearview camera, the fusion is ready for whatever comes your way. Go prepared. Go further. Wow [ narrator ] on a mission to get richard to his campbells chunky soup. Its new chunky beerncheese with beef and bacon soup. I love it. And mama loves you. And mama loves you. Lets spark the fire. Use your mastercard with apple pay okay handbag out there. Surprise and you could get a priceless surprise. Woah whos next . Four from golf experiences to concert tickets. So much cooler when you do it do it do it. Lets spark the fire. Even the chance to meet gwen stefani. Lets spark the fire. Cool hair ah haha priceless. Everybody lets go reporter it was an early winter morning, december 30th 2010. Outside it was very dark. Inside, ice melted in glasses half full of vodka. And finally, silence descended on the house. Do you remember going to bed that night . I remember saying, i i gotta go to bed, cause i gotta get up early. Reporter any idea how much you had to drink . Oh, probably quite a bit of wine. Reporter and then, a single gun shot. It was rob who discovered his soninlaw lee. Clearly dead. Lying on the kitchen floor. It is horrific and numbing to see someone you love lying there dead. I remember walking out, and looking and just not even believing this, just saying, what . What are you doing . Reporter it didnt look real, said belinda. Certainly not in her still inebriated daze. You thought they were putting on some sort of act for you, or i thought it was like a bad joke. I really did. Reporter but it wasnt of course. Not a joke at all. Instinct kicked in then. Rob, the cop turned attorney, called 911 around 5 00 a. M. 911. Whats your emergency . Yeah, he shot himself. I dont get it. He shot himself. Reporter Sergeant Chris lafko of the Maricopa County Sheriffs Office, got the call. Rushed over there. It came down as a shooting call shooting victim possible suicide. Reporter once inside the house, the sergeant took a good look at the victim, there was an entry wound at lees eye. His hand was grasping the gun. And there was rob fischer, still kneeling beside lee, Still Holding the phone hed used to call 911. Mr. Fischer stood up and said, im a retired police officer. Im a police officer. Reporter and there was belinda. She was going, whats going on . Whats going on . Reporter she was in shock then or so she said later. Still perhaps unwilling to get her brain around what happened. I dont think in your Worst Nightmare you wake up and see someone you love on the floor with blood around them. Reporter and then to be told he shot himself . Sure he seemed a little upset by the news he got in that email the night before, but business troubles were nothing new to lee and Belinda Radder, theyd been on a financial roller coaster for years. Lee was always chasing the next big thing, even when they suffered, when the car was repossessed, or when he couldnt pay the electricity and the power was off for 5 days but they got along. But during the years you were together, the big thing wasnt happening. No. Reporter had to be pretty frustrating, i would think. It was frustrating. It was frustrating. Reporter and on occasion, lee turned for financial help to his step fatherinlaw, rob fischer. In fact, after their home went into foreclosure, rob rescued their house, he bought it and lee and belinda continued to make the monthly mortgage payments. In in the years i knew him, he went from owning a very Successful Company to being bankrupt and needing our help. Reporter thats why belinda went back to school and got her nursing degree. Her paycheck maintained some stability while lee kept trying. Did you ever have have any regrets about being with lee . No. Reporter even though sometimes it was tough, right . Oh, yeah. A lot of times, we did the roller coaster. Did i want him to get a stable job . Hell, yes. Would i have loved that . Would it have made my life so much easier . Absolutely. Reporter everyone who knew lee was used to the roller coaster but never saw it get lee down. What did you admire about him . I think his ability to always see the glass halffull. He was not a negative person. Reporter this is lees friend and sometimes business associate eric lampel. Ive seen lee rich, rich, rich with a new jaguar, and ive seen him in bankruptcy and losing his house. Reporter and besides that latest thing looked so promising. Well, we started this Company Called senacon, he came out with technology that uses computers to track gaming trends. Reporter this time lee was on the verge of scoring big, closing a big deal that would make them both rich. Lee was certain it was going to happen in the new year. Reporter so that evening, said rob, lee was in a very good mood indeed. He was enthusiastic. Reporter and then, it was late. They were already well into their cups. Lee got that email and left the room to make a phone call. So this wasnt just a little quickie he was called away for, it was a longer no, it was reporter period of time . A longer period of time. And i remember him coming back and showing me something on his phone, like the email or something and being upset about it. And i was like, you know, why are why are you trying to worry about this now . Like, theres nothing you can do. Its 11 00 oclock at night, or whatever it was, and like, save it for tomorrow. Reporter and that was it, she said. She didnt give it a lot of thought, because she and rob were in deep conversation about her late mother. So thats where your mind was. Mmhmm. Reporter though rob did notice lee seemed seem a little thrown. He did make comments that night that, again, i i took as sarcasm. In retrospect i wished i wouldve paid more attention. Reporter about his situation . Yeah. Reporter but really, what could have been in that email that was so bad hed decide to kill himself . There was probably a lot more pressure on him than he would let on. Reporter but that conclusion, reasonable or not came later, with sobriety. When the cops arrived that early bloody morning, the rob they encountered was clearly plastered, barely coherent. But hows this for a red flag . He acted, said the sergeant, like he didnt even know who was dead. He asked me is that lee in there meaning his soninlaw. And its just in the back of my mind, well, why wouldnt you know who this person is . Reporter so, what was really going on here . A detective named Michael Brooks arrived, took one look at two intoxicated adults and suggested a ride to the Sheriffs Department for a few questions. Something about this did not look right. And somebody wasnt acting right, either, according to investigators. I mean to me if my spouse is lying on the ground suffering a fatal wound, id make every effort to at least look at the my spouse. She didnt do that. Belinda, under the microscope when dateline continues. This week, at kmart give the gift of joe boxer with buy one, get one free on sleepwear. Kmart. Where members always get more. My at t cell phone bill. In your hand . Verizon bill . Yeaaah. Thats cool. Noooo. How much are you spending per month . 110 bucks 120 bucks 330 yeeeah. What if sprint could cut your rate plan in half . And give you unlimited talk and text in the u. S. , and match your data. Goodbye verizon. I am done with at t. Bring in your verizon or at t bill, turn in your old phone, and well cut your rate plan in half. Visit us online or visit a sprint store today. I tell them aveeno®. Because Beautiful Skin goes with everything. [ female announcer ] aveeno® daily moisturizing lotion has active naturals® oat with five vital nutrients naturally found in healthy skin. Where do i wear aveeno® . Everywhere. Aveeno® daily moisturizing lotion. And try the body wash too. Aveeno®. Naturally beautiful results™. Reporter it was still Early Morning when police descended on the house where lee radder was shot dead on the kitchen floor. And a detective told belinda he wanted to meet her privately. Didnt give her a choice, actually. Were taking you to downtown phoenix, and we need you to drop off your daughters somewhere. Reporter leaving them on their own when after a thing like this happened, how tough was that . Really tough. Really tough. Did what i was told to do. Reporter detective Michael Brooks. If apparently, he has shot himself, why did you take belinda down to the station . In suicides, in in any any death investigation, that could be a grandma that dies in her bed, youre gonna talk to the people that are there to find out what happened. Reporter there was a reason the arriving officer thought something was off about the way belinda was reacting. It may have been a a play, or it may have been an act on her part. I mean to me if my spouse is lying on the ground suffering injury, a fatal wound, id make every effort to find out, look at at least look at the my spouse. She didnt do that. Reporter so there was belinda being interviewed by the detective. Im trying to figure out what happened. You and me both. I dont know. Reporter so, asked detective Michael Brooks, why would lee have killed himself . Weve had financial trouble. We always seem to make it through. You know, its like i just i i just dont get it. I dont get it. We dont own a gun. Reporter which was another question. Not only why, but how when he didnt have a gun . So, to the beginning, asked detective brooks. Dont leave anything out. We went to dinner at about 7 00. You came back to the house and correct me if im wrong, but you talked a little bit and the girls went to sleep . Mmhmm. What time about what time did the girls go to sleep . 10 30. Reporter and that was about the time lee got that email about the big business deal he was banking on, said belinda, and then the phone call with his Business Partner. And he went in the other room and talked to him. And rob and i just sat at the table and, you know, just kept talking. And, um, he came back. I got up to go to the bathroom and came back and there he was. About what time did this happen . The girls went to bed around 10 30. Um so it was after that. I dont i dont know. Reporter wait. Sometime after 10 30 . Detective brooks was baffled. After all that 911 call reporting lees death came in at 5 00 a. M. Was belinda saying she couldnt account for what happened from 10 30 p. M. Until 5 00 the next morning . Didnt make sense. Ok. Were you, um, intoxicated . Probably. Oh, yeah, im sure. We got our first call on this at 5 00 in the morning. Ok. I dont thats pretty significant from 10 30, right . From the kids going to bed 10 00, 10 30 right. To 5 00 in the morning. Reporter but was she just confused, the detective wondered, or was she hiding something . Is there something more to this . No. Do i need to have a lawyer or something . Reporter belinda came out of her fog. She could sense where this was going. Im just trying to put the pieces of the puzzle together. Right. Ok, um i didnt kill my husband. I didnt want him dead. Id never do anything like that. Was there an accident or no no. Nothing. I mean, nothing. Wouldnt you agree that theres a big difference between 10 30 at night and 5 00 in the morning . Well, absolutely. I mean, you would know if but i also know that i didnt kill my husband, if thats where this is going if this thats what this is about then. Reporter before sending her home, detective brooks kept belinda in this little room at the Sheriffs Office for hours. But was the detective satisfied with her answers . No, he was not. That business of the time shift bothered detective brooks immensely. Even if she was as drunk as a skunk, she ought to know the difference between 10 30 p. M. And 5 00 a. M. And whats more, when they looked at belindas blackberry, they found on it two photos of her dead husband lying on the kitchen floor. They were timestamped around 5 00 a. M. And later when they asked belinda, she denied taking them. You didnt feel like she was necessarily being straight with you . I didnt want to jump to any conclusions at that point. Reporter well, if the detective was suspicious, so was lees family back in buffalo. Or at least, they were when belinda finally called to break the news to them two whole days after lee died. Lees mom, liz radder, described her memory of that phone call. It was new years day. Liz . Yes . This is belinda. Yes . Lee shot himself. Then in the course of talk talking to them found out that it happened thursday morning. And this was a saturday afternoon . This was saturday night. [ sniffing ] i said, what took you so long . Why didnt you you know, i could have gone there immediately. Oh, well, the police confiscated our phones so i didnt know your phone number. Reporter the call was brief, said liz radder. And thats the last thing, probably the last word i heard from her. Reporter but that shocking word suicide. It was a word lees family did not buy, not for a minute. This doesnt make sense. My brother would never do this. I dont believe that he killed himself. Theres just no way. Reporter no, thought the family. Something else must have happened in the house that night. But what . Coming up police thought this might just be a major clue. I keyed on that gun that was in his right hand. And it just didnt look right. It looked like it was placed there. Have been masters of jewelry design for centuries. Ly this levian collection is amazing. Maybe its time to start your own. Kay jewelers presents todays levian collection. Featuring exclusive levian chocolate diamonds. Including incredible limited edition styles like these. One more reason kay is the numberone Jewelry Store in america. Its. she cant find the words a work of art . Every kiss begins with kay. Acidity was in my diet. Much that it was damaging the enamel. I wanted to fix it right away. My dentist recommended pronamel. He said pronamel can make my teeth stronger. Pronamel is helping me lead the life that i want to live. Surface sos my surface, its just as powerful. Mac you can you write with a pen . Surface you can say that again. Surface i really like my surface pro 3. Mac hey whats that, is it a kickstand . Surface touchscreen too, its pretty slick, man. Mac it comes apart i see. Surface its got a usb. Mac i think i like your surface pro 3. Surface no seriously where can i get one. You can pay online with just a few clicks. Just enter your password and check out. But can Maria Kochetkova pay for Holiday Gifts at gap. Com while dancing the nutcracker . Confirmed eleven holiday sweaters and five. Shhh its for them. Sign up at gap. Com. Visa checkout. The easier way to pay online. Visa. Everywhere you want to be. Reporter the mystery surrounding the untimely death of lee radder should not, by difficult to solve. I was pretty certain in my mind that this was going to be a homicide investigation. Reporter so, if he was right, it would be the first homicide hed ever seen in that Little Phoenix suburb, but why murder and not suicide . Sgt. Lafko wasnt a homicide detective but by his reckoning, lees body looked as if it had been tampered with after death, staged in other words. I keyed on that gun that was in his right hand. And it just didnt look right. It looked like it was placed there. Reporter in fact, looked to him like somebody moved a bunch of things around. It just kinda made the hair back of my neck stand on end. As soon as the detectives got there, you know, theyre theyre finding other things, too that, you know, this this isnt right. This this doesnt seem right. Reporter which perhaps explains what felt to belinda like an inquisition down at the Sheriffs Office. They wouldnt let me go to the bathroom, they wouldnt let me have water. I was freezing, i asked for a blanket, nothing. I think it was a total of, like, four or five hours. Reporter was belinda involved . Too soon to say perhaps, they turned the same focused attention then on papa or, if you will, rob fisher. I loved him as the father of my grandchildren, the husband of my step daughter. And and a friend to me. Reporter rob was still in his pajamas, and stewing in an alcohol level that was still twice the legal limit, when the detective ushered him into the interview room. Can you tell me what happened . Lee and belinda and i were out. We were having some cocktails. We were talking like we always do. Everybody went to bed, and i heard a popping sound. Came out and saw somebody laying on the ground. Reporter what condition was he in when you talked to him . Well, he was intoxicated. He wasnt fall down stupid drunk in that i carried on a conversation with him. He was answering questions. Reporter rob told the detective he was asleep in the guest room when it happened. You were in the front bedroom in in the bed . Yeah. Reporter then he said he heard the shot, saw the body you heard a pop . You come out of the room . Yeah. And then what did you see . Lee on the floor. You know, still to this day difficult to to think of of lee, lying there, dead. Reporter but remember, lee did not have a gun, nor did belinda. So where did it come from . Sergeant lafko may have answered that question himself when he looked in robs gym bag in the guest room. I find the blue nylon duffle bag. It was already opened. I look inside the bag and i see a gun holster. Reporter an empty holster. So, would rob confirm the gun was his . Do you own any firearms . Mmhmm. Did you travel . In my bag. Ok. What type of firearm was it . Sig. 380, it was unloaded because of the kids i had taken all the bullets out and put it in the compartment of my bag. Reporter admission number one the gun that killed lee belonged to rob. Rob said he always took it with him on the road. After all, he was excop, was fully licensed. Ok. And your bag was in your room . Yeah. Reporter but how did robs unloaded gun get from a holster in the guest room into lees hand and with bullets in it . Good question. Rob couldnt seem to answer it. Mike, i was really drinking and i dont remember a lot. We drank two bottles of vodka. Who knows . Reporter after a round of questions, they paused, and standard procedure took robs clothes for testing and the detective bored in for answers. It looks like lee didnt didnt commit suicide. And that is why im im turning to you to help fill in some of the some of the voids. Wish i could. Somebody moved him. I dont know. What do you feel happened . I dont believe i shot him. I would never shoot him. I loved him. We have never fought. We hadnt fought. Im trying to remember it as best i can. You know, i will say i dont remember everything. And it is its and thats maddening in and of itself. Reporter maddening indeed, so many i dont knows from both rob and belinda that morning. By the end of the interviews with both belinda and with rob, what were you thinking about their stories taken collectively . Were there questions that i had . Absolutely. I didnt know what i was dealing with. Reporter but for all the immediate suspicion, the Police Investigation didnt seem to go anywhere. Rob went home to his law practice in california. How much do you beat yourself up that you allowed yourself to take that gun into their home . It was my normal practice. Do i wish on that one particular trip i wouldnt have . Of course. Reporter and belinda went to california too with her girls to be with her biological father, jerry. And it was there she tried to explain that they lost their father. We were on my dad and my stepmoms couch. And we brought the girls in. And i had been crying, obviously, pretty severely. And we were just, like, a little pow wow circle. And just told them that daddy was in heaven sorry. Reporter up in buffalo, meanwhile, lees mother and siblings were suffering their own brand of agony. Of the mushroom in the dark variety, they kept asking, whats going on and nobody told them anything. It was an open investigation. And it remained an open investigation for a very long time. Reporter but of course investigators couldnt reveal what they knew or didnt know. Standard procedure, but excruciating for lees family. When i talked to the detective cause he kept saying, theyre doing theyre doing tests. Theyre doing tests. We dont have an answer. He said they were still processing the evidence. Processing the evidence. And then he i didnt hear from him for two months, which was very strange. Reporter even the coroner maintained an official silence for months there was no ruling on the question of suicide or homicide. And then, half a year after lees death, belinda organized a memorial service. I had a celebration of life on what would have been his 50th birthday, in california, at the restaurant that we had our first date. Reporter lees buffalo relatives got the invitation, and flew out to attend. The tension was palpable. Lees sister ann confronted belinda. I went up and said, you know, i just i need answers. You were there. You must be able to, you know, just tell me what happened. Youll never know what happened. Reporter not i dont know what happened myself but youll never know . We asked belinda, what did she remember of that conversation . Not what i said. I would never say that. What i said was, this is not the time or the place to have that kind of discussion. Reporter and rob . Was there, but never said a word to us. If my gun killed your son i would certainly apologize to you. If you cant come up and face a person and talk to them, thats guilt. It was emotional. It was difficult because this is the first time we have seen the first time ive ever seen robert fisher. And he was very secluded off into a corner of the room. So, i never really got to speak to him. Reporter so, as we say, tension. I dont know if i could ever say anything that would change how they feel. I mean, we all lost someone we loved that day. Reporter lees family was more frustrated than ever, seemed like a coverup to them. Do you have any firm ideas about what happened to your son . Somebody killed him. Reporter beyond that . There were only two adults in the house besides him. Reporter and if nobody else would tell her what happened, lees sister decided, she was going to find the answer herself. Coming up lees family gets ahold of the entire 911 call. It triggers new suspicions about robs behavior. It doesnt make sense to me. And belindas why isnt belinda doing cpr on my brother . Shes a nurse. Symbicort doesnt replace a rescue inhaler for sudden symptoms. Symbicort helps provide significant improvement of your lung function. 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Reporter it was a dark tme for lee radders family in buffalo. Were not in arizona. So, all of our angst is almost compounded because were so far away from it all. Reporter a beloved son and brother gone. No answers to satisfy their deep suspicions. I want to know what happened like what happened what happened next, what happened next, what happened next. We never got that. I never got that. Reporter to make it worse, said lees mom, her granddaughters were out of her life, too. The little one used to call me grandma from new york. So she would call me and shed say, hi, grandma from new york. Well, i havent heard from her. I have no idea why there isnt an communication i have called and my phone calls arent returned. Theyve had birthdays since then, and ive sent birthday birthday card with a birthday check, and the check never got cashed. Reporter it was lisa who decided if nobody else will give us answers, ill find them myself. Its just my detectiveness inside of me. Reporter how did you go about doing that . Called the Sheriffs Office and said id like to request the 911 tape. Reporter that was that . Then, they said, okay. You have to fill out a form and send a check and okay. And i got my cd in the mail. Reporter then the family gathered to listen and what they heard on that 911 recording seemed very odd indeed. 911, whats your emergency . He shot himself. I dont get it. He shot himself. Okay, who shot himself . I dont know who he is. Hes like like wifes cousin. Reporter what was that . Rob told the 911 operator and later the police he wasnt sure who the dead man was. Might have been his wifes cousin . Really . And who is this person that is shot, it is a family friend . He is my daughterinlaws cousin i think. Were sitting around, i dont, i mean, i think hes my stepdaughters cousin. I think, im not sure. It doesnt make sense to me. I mean if youve known a guy for 12 years, you certainly knew who it was that was layin there. Do you know how old he is . He looks no i dont know his age but im looking at him. Reporter the family thought they were hearing a cover up in progress some kind of act. The call was disconnected. Rob called 911 again. Who who is this person to you . What . Who is this person to you . Who is he . Whos who . Reporter and what was also strange belindas voice in the background, to them it seemed far too calm. Is it a friend or relative or he is my daughterinlaws friend . How old is he . How old is he . Fifty. Fifty . I dont have a frantic wife in the background screaming, oh my god. My husbands dead. Why isnt belinda doing cpr on my brother . Shes a nurse. It was heart wrenching, heart wrenching. Reporter kind of eye opening, too, i think. I i think it really, kind of, solidified our belief that my brother did not commit suicide. Reporter so they went back and forth. Was belinda covering up for rob . Was rob covering for belinda . Back at home, rob did the prudent thing. He hired an attorney. Just to let Maricopa County know that i was willing to cooperate. Reporter in fact, said rob, his attorney called the police in arizona to check on the investigation. But as far as rob could tell nobody was interested in talking to him again. We made those types of of inquiries multiple times with them. Reporter and heard nothing . No. No. Reporter oh, but the same was not true for belinda. They came to my house five, six, seven times. I let them in my house, we sat down and we talked, the i wasnt resisting anything. I didnt have what they wanted. I didnt have any answers. I didnt have any extra knowledge of anything. Reporter lee had Life Insurance, belinda was the beneficiary; it was blocked for months while the police investigated. And when the d. A. Summoned belindas children to a deposition. She for a while at least resisted. And it wasnt until the harassing [ banging ] got to a point that they that the District Attorney threatened to Call Child Protective Services on me if i didnt have my children forensically deposed that i ended up hiring an attorney. And that was the only reason. Reporter but it wasnt harassment at all, said the sheriffs deputies asking questions was just their job. And eventually, they heard belindas sobered up answers of going to bed by midnight, and being woken up by rob right before his 911 call around five in the morning. I remember getting up, him shaking me, waking me up reporter thats rob . Rob, yeah, and saying, wheres lee . Wheres lee . And im thinking, what do you mean . Reporter how is it that you didnt hear the shot . I, myself, am a very sound sleeper. Praise god, my daughters are very sound sleepers, cause they didnt hear it either. Reporter so if her demeanor seemed off on the 911 call, or later to the arriving officer she says, remember, at first she thought the bloody scene in the kitchen was a prank. And those pictures of lee that showed up so suspiciously on her blackberry . I think that in all likelihood i took the picture. And because i was thinking that it wasnt real, that it was fake. Reporter and not knowing the difference between 10 30 p. M. And 5 00 a. M. In her First Police Interview well, that she blamed on the wine. And later belinda told police a timeline that made sense. Why was your story different later than it was early . I i dont think that i was remembering everything that had transpired, i dont think that i was really thinking of the you know, the Chronological Order of things. Reporter and after many sessions with belinda, investigators were finally satisfied that she was telling the truth. Their suspicion of her, whether she knew it or not, dissipated, and then, almost 6 months after lees death, in may 2011, the medical examiner finally issued an autopsy report. In buffalo, beliefs confirmed. It was not ruled a suicide, it was ruled a homicide. Reporter but in phoenix it was completely surprising. Reporter and at robs place in california there is a level of disbelief. Its how do you how did that happen kind of thing. Reporter good question. And heres another one why still wasnt anybody arrested . In spite of the medical examiners ruling that it was homicide a whole year went by. Rob thought this might be a case they simply werent going to pursue. Youre looking forward in your life. Youre not looking over your shoulder. Reporter maybe he should have been or would have been, had he known. The questions belinda was being asked. Back in phoenix, arizona they kept saying, well, do you think there was a fight between them that night . Im like no no way. They wouldnt they never fought. Reporter no the case wasnt dead at all. But the murder suspect under the microscope wasnt belinda. It was rob fischer. Coming up why rob . Though he claimed he was nowhere near lee when the gun went off, evidence seemed to tell a different story. There were two glasses, with ice in both of those glasses, tells us that two people are up drinking. Football has a season. Baseball has a season. This is our season. Yeah so with at t next you get the new iphone for 0 down. Zero down . Zilch. Nothing. Nada. Small potatoes. No potatoes. Diddly squat. Big ol goose egg. The new iphone, zero down. Zero. Zilch. Said that already. Zizeroni. Not a thing. Zamboni. Think thats a hockey thing. You know what, just sign us up. Okay this way. With at t next get the new iphone for 0 down. Now get a 150 credit for each line you switch. 31 Million Students started college, but didnt complete a degree for lots of reasons at Devry University we believe there are also lots of reasons to finish so we help you maximize qualifying credits youve already earned so you can graduate sooner and get on to a great career because whatever kept you from finishing before. All that matters is your reason to do it now. See more reasons to finish and get started at devry. Edu. This week, at kmart give the gift of joe boxer with buy one, get one free on sleepwear. Kmart. Where members always get more. Reporter rob fischer was a busy man in the spring of 2012 tending to his thriving law practice and his horses. Here in Southern California almost a year and a half after lee radders sudden demise rob had begun to put the whole sad business behind him though. In the back of your mind, theres always a part of you that there knows theres no resolution to this yet. Reporter but of course, rob did not know what investigators had been saying about him since those very first hours after the shooting. A red flag went up immediately in my mind. Reporter didnt know what the prosecutor was hearing that just like lees family, detectives believed rob may have been faking the extent of his drunken confusion. I dont know who he is. Hes like like wifes cousin. I would think you would be able to identify him. I mean the wound wasnt that disfiguring that he shouldnt been able to tell that was his son in law. Reporter investigators also believed that it wasnt the haze of inebriation but a deliberate lie when rob said here during his only interview the one conducted that morning that he was nowhere near lee when the gun robs gun went off in the kitchen. You were in the front bedroom in in the bed . Yeah. Reporter problem was, cops snapping pictures at the house didnt think the guest bed looked slept in at all. And when prosecutor Jay Rademacher was shown photos of the Kitchen Table, it looked to him like rob fisher was caught in his lie. There were two glasses, one on the table, one on the kitchen counter, with ice in both of those glasses tells us that two people are up drinking. Reporter so rob couldnt have been in bed and asleep if that ice hadnt melted by the time the cops arrived. Had to be that lee and robert were still up drinking just before dawn. So the csi man took extra careful measurements of the body and the blood that fell on the floor and splashed around the kitchen and at the route the bullet took when it left rob fischers gun. We know the entry wounds and the exit wounds on lee. We know where. Reporter and ive got the hole in the wall behind him. Correct. And we have the hole in the wall behind him. And so those holes dont lie. Reporter no, and the story they told the angle of the bullet, meant, investigators believed that lee could not have fired the gun himself. And once d. A. Rademacher looked at the experts report, he said, the fuzzy story of what happened that boozy night finally came into sharp focus. What we do know is what the blood tells us and what the trajectory tells us, and where things were found inside the inside the home. And when you start putting all the pieces together, you only get one explanation and thats murder. Reporter and then it was a fine may morning, and rob walked out of his house to go to work. I was in the driveway, and i saw people running up at me with both sides with guns pointed at me. At first, i didnt recognize them as Law Enforcement. I wasnt thinking of Law Enforcement. And so you you you kind of your my split second initial reaction is, you know, im bein attacked. Reporter and, in a way, he was, not by thugs. By cops. They put me down on the ground. And, you know, handcuffed me. Reporter and then rob fischer was carted off to jail, and extradited right away to arizona and charged with Second Degree murder. My phone rang. I answered the phone. It was detective brooks. He said, i just wanted to tell you that weve arrested rob fischer. That we have rob fischer in custody. And that was almost like disbelief, like finally, like we waited 490 days from the date of the accident to the to the day that he was charged. Reporter you know, he maintains that they were good friends and that he had nothing to do with it. I just believe that the evidence they finally accumulated enough evidence to support that hes the one that was responsible for my brothers death. Reporter finally, some satisfaction for lees family in buffalo. But when word of the arrest raced around robs circle of friends, not a single one of them could believe it. Like fellow attorney chris miller who was appalled, she said. Absolutely the last person in the world. I mean, if you told me these 20 other people did it yeah, i okay. Uhhuh. But not rob. Not the rob i know. Not our rob. He didnt do it. Reporter somebody made a big mistake, said chris. And as a former sheriff, she oughta know. But arent the Law Enforcement officials and officers just trying to get at the truth here . Possibly. But even wanting to get out of the truth doesnt prevent you from making mistakes. I mean, i saw it when i was a sheriff. Reporter from his jail cell, rob found a phoenixbased defense attorney a man named dwane cates. I liked robert from the second i met him. I only got to talk to him through a piece of glass. And he struck me from the very beginning as somethin different about robert. Somethin from my normal normal clients. Reporter and once cates heard about the case against his new client, he made his opinion very plain. I dont think Robert Fischer should ever have been charged with a crime. Reporter why not . Based on the evidence. There is absolutely no evidence that he killed lee radder. Reporter cates got rob released on half a Million Dollars bail but rob was ordered to stay put in arizona. Thats where we talked to him as he waited for his trial. Something odd during that time. As robs new attorney and his friends leapt to his defense belinda said nothing. A silence robs friend chris couldnt quite understand. Im not really sure whats going on. Reporter curious . Very curious because i would be shouting from the mountaintops right now on what i believed one way or the other. And i dont think shes shouting or even whispering to anyone. Reporter but there were reasons for that, said belinda. For one thing she had no idea whether or not she might be charged too. Were you afraid you were gonna be arrested . Oh, sure. Youre just in knots all day long. Just dont know what to expect. And you know, you think, if theyre if they think robs capable of this rob, like, this super good guy, then they for sure think im capable of it. Reporter do you find yourself building a wall around yourself . For sure. Reporter very cautious about what . Oh. Reporter you say, about who you talk to, about everything. Everything. Reporter as for lees family in buffalo, according to belinda, they hadnt been close for years, and after the memorial, she said all she got from them was outright hostility. No, said belinda, there was nothing good about this for her. Either her husband committed suicide a very bad thing or he was murdered by her own step father. She found that last bad option very hard to believe. But as time went on she began to think maybe the prosecutor knew something she didnt. They wouldnt arrest him if they didnt have some evidence right and where you know, i was brought up that we believe the police officers, we believe that my grandfather was a police officer. Rob was a police officer. Like, they dont just charge people. It he had he had to have done it. Coming up. Rob fischers trial begins with a bang as the prosecution contends that blood evidence at the scene leads to only one conclusion. Mr. Fischer moved mr. Radders body to make it look like mr. Radder had sustained a shot and had fell backgrounds. You dont need to think about the energy that makes our lives possible. Because we do. Were exxonmobil and powering the world responsibly is our job. Because boiling an egg. Isnt as simple as just boiling an egg. Life takes energy. Energy lives here. Ah, h it. Push it. P. Push it real good ow oooh baby baby. Baby baby. If youre saltnpepa, you tell people to push it. Push it real good. Its what you do. Ah. Push it. If you want to save fifteen percent or more on car insurance, you switch to geico. Its what you do. Ah. Push it. Im pushing. 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Reporter at the defense table, rob fischer was confident there was simply no case against him. Ive never heard a theory. Ive never heard a motive. Ive never heard anything. Reporter that was about to change. Point number one, said the prosecutor, lee radders death was clearly not a suicide. Lee loved his family, especially his girls. Lee would have never done Something Like this inside of his home. Reporter evidence of that . This is lees childhood best friend. Who told the jury lee never got depressed about money. One of his favorite sayings to me that ive tried to be motivated by is just adam you can always make more money. Reporter and, remember that email . The one that came in late at night after which lee called his Business Partner apparently upset . Maybe he wasnt. The very man lee called told the jury lee did not sound suicidal at all. He was happy. He said he had family over. He was going to go have a couple cocktails and he would call me tomorrow. Reporter the prosecutor called belinda to the stand, too. Later she told us she wanted to testify, but was not happy to be a state witness. Still she told the jury that, though lee did fret a little about the email he received that night, he was otherwise the same old lee. Just like a regular night. Nothing was different . Not that i recall. Reporter so lee had no reason to commit suicide, said the prosecutor, no the only possible explanation was that he was murdered. See, the physical evidence, the blood, the trajectory, all of that, that doesnt lie. Murder explains all of it. Reporter his theory as lee radder and rob fischer sat at the Kitchen Table drinking vodka into the wee hours of that morning, something must have happened something that so aroused rob, he went and got his gun, and came back, and shot lee through the right eye, and then panicked, and went about staging the scene. The science doesnt lie, people do. Reporter so, forensics. The arriving officer told the jury how he got suspicious when he saw the gun still wrapped in lees dead hand. To me, it appeared that it was placed in his hand. Reporter a very important first discovery, the prosecutor told us. How is gravity not taking its course, from either pulling lees body forward, or allowing that gun to drop out of his hand . Reporter but it doesnt really work with robert putting the gun in his hand either, does it . I mean, why would a cop, for example, put the gun in his hand that way, with the thumb through. This is an excop were talkin about. An excop thats drunk. Reporter but, said the prosecutor, not so drunk he wouldnt know who his sonin law was when he made that 911 call. That was pure theater. The defendant knew that was lee on the ground, but hes trying to cover up a murder. Reporter there was more, said the prosecutor. Rob did something any excop should know you dont do. He disobeyed a direct order. He said, hey i am a retired police officer. I said okay just step away. He said, im gonna wash my hands and i said, no, dont wash your hands. Reporter but rob washed his hands anyway. The prosecutor showed the jury the pictures from the scene that seemed to prove rob lied about being in the guest bedroom asleep when the gun went off. The neatly made bed those two glasses in the kitchen with ice still fresh in the wee hours of the morning. Did you find it odd that there was ice in the glasses at 5 15 in the morning . Yes. Reporter but the key piece of evidence, said the prosecution, was the story told by the blood at the scene. There was blood on the pants rob was wearing that, when examined, certainly looked like rob had been sitting very close to lee when the gun went off. And there was blood on the floor which, said the state, proved rob was involved. Mr. Fischer moved mr. Radders body and manipulated the the the area to make it look like mr. Radder had sustained a shot and and fell backwards. Reporter the prosecutions blood spatter expert, rudy acosta was his name, demonstrated how, in his opinion, lees body would have slumped forward in the chair after the gun went off, not backward the way his body was found. Meaning, rob must have moved lees body. I believe i think he just dragged him onto the ground. Reporter whats more, said the expert, as rob moved around the body, he left his footprints in lees blood. Footprints tell me that he obviously stepped in the blood. When the origin of blood happened, the left foot was in the blood, obviously saw that. We show theres an interruption of blood, at least, more than one. Reporter but, as we heard the states case, we couldnt help but wonder, was some of it guesswork . Did it really amount to proof that rob shot lee or walked around in the blood in order to move lees body . We challenged the prosecutor on that. So, but those footprints dont show culpability though . They show movement. Reporter they show movement, yeah, but thats all they show, right . I mean, he may have been surprised by he may have been sitting there. He shoots himself, he gets up, walks and doesnt necessarily mean that hes manipulating the scene just because his footprints are there. You keep coming up with these possibilities. Reporter so do you. I dont come up with possibilities. I have the physical evidence that supports the states theory of this case. Reporter so said the prosecutor, the forensics prosecutor, the forensics said murder even though theres no evidence of a disagreement between the two of them. Theres nothing like that. Reporter no. No. Reporter but that wasnt the issue, said the prosecutor. hard evidence was. Murder is supported by the blood evidence, by what they testified, by the blood experts. Murder is supported by common sense and gravity in this case. Reporter but, of course, it wasnt quite that simple. There was another possibility altogether as the jury was about to hear. Coming up the defense presents evidence that rob simply could not have pulled the trigger. His fingerprints werent on the gun. His dna wasnt on the gun. And argues that the blood spatter evidence actually makes the case, for suicide. This is a selfinflicted gunshot wound. Youre down with crestor. Yes when diet and exercise arent enough, adding crestor lowers bad cholesterol up to 55 . Crestor is not for people with liver disease, or women who are nursing, pregnant, or may become pregnant. Tell your doctor all medicines you take. Call your doctor if you have muscle pain or weakness, feel unusually tired, have loss of appetite, upper belly pain, dark urine, or yellowing of skin or eyes. These could be signs of serious side effects. Im down with crestor make your move. Ask your doctor about crestor. You better pledge your allegiance youre not the only one listen up forefathers im not your son you better help the children let them have some fun some fun some fun. Kohls is open 24 hours all day and all night starting 6am friday through 6pm Christmas Eve now you can get all of your Holiday Shopping done, and save when you want to plus, everyone gets kohls cash. Find your yes. Kohls. Reporter rob fischers attorney, dwane cates, has stood up for a long parade of clients over the years. Many of them guilty as sin. But this case . This was different, said mr. Cates. Innocent people are the hardest to represent. I dont sleep at night representing innocent people. Because losings not an option. Reporter robs supporters, including fellow attorney and good friend chris miller, travelled to phoenix for the trial. Whats your expectation of the eventual result here . I believe that rob will eventually be found not guilty. Ladies and gentleman, this case is all about whose finger was on the gun the night that lee radder died. Rob didnt have any motive to shoot lee, and lee certainly had some reasons to commit suicide. Reporter wait. He did have reason to commit suicide . Yes, said robs attorney. This time, lees life was spinning out of control. Theres no money coming in and lee doesnt know what he is going to do. Reporter lees friends had no idea how bad it was, said cates. Tens of thousands in loans and, unpaid credit cards. 15,000 owed to the irs, another 25,000 still owed to a former employer. No doubt that we, you know, had some financial troubles ahead of us. Reporter belinda was a state witness remember, but, she told the jury that lee, with his 100,000 Life Insurance policy, told her joking or not that he was worth more to her dead than alive. He would say that numerous times over his life. Reporter then, that night, december 29th. He got that email, remember, and excused himself from the table to take a call from his Business Partner. Youll remember that Business Partner told the prosecutor lee seemed to be in good spirits at the end of the call. But, he also had to admit that when the conversation started, lee was not happy. How was he acting . He was kind of upset. Reporter the jury never got to read the email no one seems to have a copy. But lee showed it to belinda that night she said. Something about he had introduced these two companies together, and now he was kinda being squeezed out of it. Well, he was frantic. He felt betrayed that two companies were trying to cut him out of the deal. Reporter also, said the defense, lee had been exaggerating, for everybody, the size and value of the deal. This man is from the company igt with which lee was hoping to make his multi Million Dollar dealofalifetime. And he testified he told lee there wasnt going to be a deal. Did you tell him no . Yes. I need somebody who has Distribution Centers worldwide. So he was told him no, that that was not going to happen. He communicated that clearly to lee, and lee was tellin everybody that there was this big deal pending. And and that was reporter living a lie . And and it was all about to come crashing down on him. Lee radder was worth more dead than alive. He knew it. For some reason he couldnt bring himself to tell his partners and his friends that this big deal wasnt coming. Reporter so the defense theory of what happened . After all those drinks with lee, rob passed out. Right there at the Kitchen Table. His blackout starts starts as a unblock blackout meaning he has no memory. Its like nothing writes to the hard drive. Reporter but lee kept right on drinking. And drunk and discouraged, he went and found the gun he knew rob always travelled with, and turned it on himself, and pulled the trigger. And then, at the sound of the gun, rob was startled into a confused consciousness and merely assumed when he spoke with police, he must have been in bed. Imagine youre still drunk and someone is lying on the floor in a puddle of blood with a gun in their hand. You look down, you are in your pajamas, youre barefoot, and youre standing in the hall facing away from your bedroom. Wouldnt your first thought be, geez, i must have been in bed . Reporter later, when he sobered up, said rob, he realized he must have been at the table with lee. What is it about you that should make us think that you arent the sort of person who you know, might have been showing lee the gun, and youre, you know, both five sheets to the wind. And and it went off accidentally and killed him. Whether were drinking or not, i dont believe that i would ever be so irresponsible as to introduce a gun to that environment. Thats goes against my core being. Reporter the defense called this doctor, an expert in alcohol abuse, to explain some of robs strange behavior. Around the time of the 911 call, robs blood was three times over the legal limit. In my opinion to a reasonable degree of medical certainty he was in a blackout. Reporter which certainly explained not recognizing lee, said the expert. As for the big deal the state made about rob washing his hands when the officer told him not to. Have you ever told a drunk friend to do something . Its kinda like herding cats. Reporter i know. But hes a lawyer and an excop. Right. Hes an extremely drunk lawyer and excop. Reporter but what about the forensic evidence . The very heart of the states case . The states expert remember told the jury that the law of gravity dictated that the gun should have dropped out of lees hand as soon as he fired a bullet into his head. But the defense medical expert produced statistics showing that guns actually remain in the hands of suicide victims 25 percent of the time. Have you ever seen the gun stay in the hand of somebody that committed suicide . Yes, sir. Reporter in fact, said attorney cates, it would have been almost impossible for rob, from where he had to be sitting in the kitchen, to shoot lee and produce the actual route the bullet followed. Rob wouldve had to have gone Something Like this in order to have done it. Reporter then attorney cates attacked directly the states blood spatter expert. You didnt know how mr. Fischer, in your theory, picked up mr. Radder, but you demonstrated it here today . Correct. Yes, that was just one of many possibilities. And that was not in your report . The way in which he picked him up . Yeah. Yes, thats not in my report. He would say one thing and then on crossexamination i would ask him and hed say, well, i really dont know how it happened. You have you really have no idea what happened to the chair other than it was moved . How that chair gets from point a to point b no, i dont know. You dont know how mr. Fischer picked up mr. Radder, correct . Yes, its assumption. Theres too many variables. After my crossexamine and redirect of that witness, i thought we won the trial. Reporter still, the confident cates wasnt done making his case he called his own blood spatter expert too who looked at the very same evidence that was the backbone of the states case and said there was no doubt in his mind the state had it wrong. This is a selfinflicted gunshot wound. Reporter finally, said defense attorney cates, the case came down to one crucial question. Whose finger was on the trigger of the gun . Cates put the question to the states crime analyst. You at least said you couldnt exclude mr. Radder, correct . Thats correct. Thats because there were portions of this print that matched portions of mr. Radders print . There was, yes. Reporter and the person whose prints did not match was rob fischer. His fingerprints werent on the gun. His dna wasnt on the gun. And lees was. They didnt find any fingerprints that matched rob fischer anywhere on the gun. Reporter well, what did that say to you . Lee was the last one that handled the gun. Reporter because, said dwaye cates, lee radder shot himself. True . Up to the jury to decide that. Their turn now. Coming up jurors find themselves torn. We were a hung jury for the first two days. And then have you reached a verdict . Yes, maam. The news that would rock this family, whos already been through so much. My attorney called me, and said, are you sittin down . A typical male penguin shows his love by offering the female. A pebble. Some male penguins, however. Are a little smarter than others. This Christmas Everyone loves a gift from kay jewelers. Save up to 30 on select diamonds in rhythm. Its continuous motion catches light from every angle. At kay, the number one Jewelry Store in america. And, apparently antarctica. Every kiss begins with kay. Reporter it was december 2013 when the murder case against rob fischer went to the jury. Rob said he felt at peace then. Or at least, as much as a person could be. Anyway, he knew, he said he knew that he didnt deserve to be hauled off to the slammer. I knew i should be going home. And so i was hopeful that the jury wouldve seen it the same way. You had to be doing some Strategic Thinking too if this, if that. So what what was in your head . I did feel very confident. Reporter no surprise the prosecutor read the tea leaves rather differently. I knew when the jury was going back with this case, that they had enough information to come to the right conclusion. And they were gonna realize that, murder explains all the evidence. Reporter practically everybody thought it would be over soon including robs attorney. I thought theyd be back in a couple hours with a not guilty verdict. Reporter didnt happen. The hours ticked by as the jurors apparently wrestled with something. One day became two days. Two became three. Yeah, you had to be thinkin, what what are they talking about back there exactly. Reporter well, in fact, they were very divided when they started. Three jurors spoke to us after and told us. We were a a hung jury for the first two days. We were a hung jury. Reporter why . I did not find the state bloods expert that credible of a witness. Reporter but i dont think lee would have killed himself. I dont think he had that personality. Reporter as the debate went on in the jury room, outside, lees new york family was desperate for a guilty verdict, so the world would know their lee didnt take his own life. Didnt do what the defense said he did. Lisa radder. I wanna put my head down on my pillow at night saying that was a terrible, terrible thing that happened, and no, my brother did not commit suicide, that his life was taken by somebody else. And that will give me closure. Reporter and then . It was december 19th. Exactly one year ago. And, it just happened to be robs 53rd birthday. Word came there was a verdict. Rob and company hurried to the courthouse. Hoping for a birthday present from the jury. Please be seated. Reporter what did you see when they walked . They didnt look at me, which as a lawyer i know is not a good sign. Have you reached a verdict . We the jury find the defendant as to count one Second Degree murder guilty. Reporter guilty. Rob fischer stared straight ahead. Stunned. In the gallery, lees family and friends quietly sobbed. They had their justice. The prosecutor took his victory in stride. Were you surprised at all . No. Reporter a lot of people in the courtroom were. Depends on what side of the what what side of the aisle you were sittin on. Reporter you were not surprised at all . I wasnt surprised for the fact that i thought we did an excellent job in educating the jury on the Scientific Evidence in this case and that they could only come to one conclusion and that was murder. Reporter and indeed, said these jury members, it was the science that persuaded them in the end. I think we were educated a lot on like the trajectory of the bullet, how like blood spatter and the gun, everything. I think we were educated enough to make a decision. All of that convinced me of his guilt. Reporter the consequences, in a situation such as this, are immediate. Rob fischer was handcuffed and led through a door that led to the county jail. I wanna say its a little surreal. Reporter and then he was installed in a temporary cell while he awaited a sentence of Something Like 25 years in prison. The thought of spending the next in essence the rest of my life in confinement very difficult to try to process. Reporter belinda wasnt in court to hear the verdict but she certainly did hear about it, and was shocked. I was at the gym, and joy called me my attorney, and said are you sittin down . Because, you know, everybody that knew information they really thought that he was gonna be found not guilty. Reporter but she herself, as she told us in a separate interview, didnt know what to think or who to believe. I i didnt i dont know hon im 100 honest. I i dont know what i wanted. I really dont. I dont think that there was a verdict either way that would have been what i wanted. Reporter certainly wasnt what dwayne cates wanted. How had he so misread that jury . I was perplexed. I had no idea how they could have come to that conclusion given what the evidence in the case was. Reporter but give up . No, said robs attorney. He could not, would not, do that. Still any chance that a new chapter would be added to this story was very remote indeed. Unless well we shall see. 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The sleepless night. cough . baby crying . Sorry. Robitussin dm max nighttimes dual action liquid instantly soothes your throat and delivers fast, powerful cough relief. Robitussin. Dont suffer the coughequences. Wefa la la la la. Ies today come on everybody say. Fa la la la. This week, at kmart give the gift of joe boxer with buy one, get one free on sleepwear. Kmart. Where members always get more. Reporter it was christmas again in lee radders family a difficult season. Ever since what happened during that Christmas Holiday in 2010. But now rob fischer was a convicted man, and the New York Branch felt the kind of consolation that comes with the belief that justice has been done. Do you think about him a lot . About rob fisher . No. I try not to put him in my mind at all because i dont want i dont want hate in my system. Reporter out west, belinda was a mess of contradictions. And of course she had to tell her daughters. The eldest, then 12, took it hard. Couldnt grasp that her papa had killed her father. My daughter finally asked me about three days later if the verdict had come back, and i said, yes. And she just looks at me, and i just started crying. And right then she knew. Reporter that was her papa. Uhhuh. She wants to have a connection with him, but yet she doesnt wanna talk to him. So i think she struggles with that, and maybe feeling like shes not being loyal to her dad in some way. Reporter belinda had been leaning on her father and stepmom for support since lee died. Her father, jerry dupre, is a psychologist. He loved his soninlaw lee very much, he told us, but he was convinced the jury got it wrong. My wife and i are both 30 year clinicians, okay . We knew that lee committed suicide, and we, from the getgo reporter really . Yes. Reporter what made you think so . Lee was a salesman, and theres a lot of false bravado to that process. A good man, he cared about belinda, he cared about his children, but a lot of false pride. When that collapses, theres nowhere for it to go. Reporter which is exactly what defense attorney dwane cates had argued all along. An argument that clearly failed to persuade the jury. But dwane cates wasnt ready to say uncle. Not him. Because he was convinced an injustice had been done. So what can you do about it . If you believe a jury has reached really the incorrect conclusion, and its an injustice, what can you do about it . Well, the first thing i do is file a motion for new trial. Reporter so as rob fischer endured claustrophobia and fought despair in his temporary cell over at the Maricopa County jail, cates went to work to try to get the guilty verdict tossed. He had to file his motion ten days after the trial ended. He worked around the clock and straight through the holidays. You know this was my christmas vacation. Okay . Was writing this motion. Reporter cates based the motion for a new trial on two central complaints. Number one, an allegation of prosecutorial misconduct, accusing the other side of using unfair language during the trial. And unfair tactics even before it started. They played hard with the discovery. Getting us discovery. Getting us notes after i do the interview, instead of before the interview. Reporter they could have been more forthcoming . You know, the practice of law doesnt have to be as hard as it was in this case. Reporter so there was that. A common complaint though which, frankly, doesnt often go anywhere. But, something else, too. Cates argued that the jurys verdict was contrary to weight of the evidence which is a pretty big deal and also a pretty big stretch. The judge can reweigh the evidence, because the judge was there. The judge got to see all the testimony. Got to hear all the witnesses. Got to see everything that happened in the courtroom. Reporter thats got to be such a long shot, though, because judges look at jury verdicts all the time and they say, well, the jury, you know, they looked at the same evidence, they made their decision and thats the way the law works. Absolute long shot. Reporter cates put it into his motion almost as an afterthought really hoping against hope that the judge would see what the jury apparently did not that the states blood experts testimony didnt add up. Dwane cates had been around for quite a while so he knew he was tilting at windmills, appeals of that sort almost never succeed. Almost never. Absolutely. It was a hail mary pass. But i felt confident in it. Reporter the prosecutor submitted his own brief, denying any misconduct and standing by the evidence and his case. Then so then what, you sit back and wait . Absolutely. Reporter how was rob doing in the meantime . Rob was in jail, so i dont think rob was doing very well. Reporter in his cell, rob fischer, lawyer that he is, figured out the timing of the thing. First the judge would hear the arguments, then spend some time working on her ruling. So that first week, he didnt even think about it. Same the second week. It was then rob started to worry. Cates would visit him periodically. Did you get a chance to talk to him much . I did. And it was hard. I hated to go see him in jail. Reporter what had happened to this mans life . Same business as you. Successful attorney in a different type of law, but just the same. What had happened to that life of his . It was gone. Imagine, keith, somebody that somebody the police walk in the door right now. They put you in handcuffs and they lock you up. And you lose everything. You lose your house, you lose your business, lose your career. Its all gone. Boom. In an instant its all gone. Reporter but of course, in an instant, lee radders life was gone, forever. What prison term would atone for that . That was also up to the judge. But from her, as the date for sentencing approached there was not a word. Coming up im like, really . Does that happen . I had never even heard of that. Did you know that every year over 400 million Vacation Days go unused . Theyre paid Vacation Days. Well book you ttimes. Well get you back stage passes. Take a helicopter tour. I wanna see the sun, i wanna see the mountains. How about a finishing trip . Please . Bring the kids. Just take one more day. Just one more day. To plan your one more day contact mastercard Concierge Services or download the new app. Because one more day is priceless. Dont settle for 4g lte coverage thats smaller or less reliable when only one network is americas largest and most reliable 4g lte network verizon. With xlte, our 4g lte bandwidth has doubled in over 400 cities. And now, save without settling. Get 2 lines with 10gb of data for just 110. Or 4 lines for just 140. And get a 150 bill credit for each smartphone you switch. Only on verizon. Whaoh wow t . hello, humans. Focus on me focus on the guard. Dont tell anyone what youve seen in here. Have you seen whats in there . They have intel. This is where it all changes. Jara commercial forof jewelrwomen only. This is levian chocolate diamond jewelry. Levian, masters of jewelry design for centuries is the only company on earth to make jewelry with chocolate diamonds. And jared is the only place youll find these limited edition rings. And an amazing levian selection you wont find anywhere else. Levian. Thats why he went to jared. Reporter as 2014 began, rob fischer was holed up in a cell at the Maricopa County jail, waiting waiting for the judges ruling on the motion for a new trial. One day at a time through all of january, then february. And then, it was the 28th. Rob was due in court in a week for his sentencing hearing. And thats when dwane cates came to call. I asked him, you know, so did we hear anything . He goes, well, before we talk about that, lets talk about next fridays hearing. I told him that you know, that hes gotta get ready. Then he looks at me with a big grin and says, its not a sentencing hearing, its a bond hearing, because youre getting out of jail. Reporter it was stunning. Overwhelming. I was ecstatic, i was elated, i was thrilled. Reporter and dwane cates felt like hed just won the lottery. It very rarely happens that a judge will step in and on the weigh and reweigh the evidence and say the jury just plain got it wrong. Reporter remember, cates made two arguments for a new trial. The first, an allegation of prosecutorial misconduct, was rejected by the judge. His second argument, the total long shot, was that robs conviction wasnt supported by the evidence. And what do you know . The long shot, the hail mary, succeeded. And caused the judge to throw out the verdict. Im gonna read a little bit of it here. The detectives opinion that the defendant staged the scene by manipulating lees body is not supported by the physical evidence, lacks credibility and is sheer speculation. The dna and fingerprint evidence are completely inconsistent with the verdict. Sheer speculation. Have you ever heard that from a judge before . Yes, but its nice to hear it when its, you know, on the other side. I mean and it was sheer speculation. Reporter the judge was particularly scathing about the states blood expert. She said he was guilty of a fatal flaw when he tried to decipher those bloody footprints because he wrongly interpreted the prints as facing the opposite direction. And the judge said, all but wagging her finger, that he backtracked and repeatedly provided inconsistent testimony on the stand. That was their key witness. I mean, that was the key to their case. And he was not credible. Reporter and so one chilly night in march, rob fischer walked out of the county jail and into the arms of his lawyer. The guy who took a chance on the long shot. Its been a long road, robs out, hes tired. Reporter later, rob fischer told us about those dreary days cooped up in jail. Dreary days and worse. Youre an excop, which adds to it. Right. Reporter how did that complicate your life . Well, it they put me in protective custody locked down for 23 hours a day. Reporter the judges ruling that freed rob was a body blow for the prosecutor. And so he is appealing to a higher court. Arizonas court of appeals, asking it to reinstate the verdict and send rob to prison. Lees new york family is waiting to see what will happen told us, the decision is in gods hands and we have to believe that true justice will prevail. And jurors, were they unhappy that their verdict was thrown out . Lets say the feelings, at least of these three, were, mixed. I was upset at first. Why do we have a jury in place if she can just overturn our verdict just like that . But also again, she knew more more of the story than we did. Reporter and one of them, at least i felt a sense of relief because i felt like i had arrived at my conclusion too hastily. Reporter Belinda Radder couldnt get her head around the judges ruling when she first heard about it. I im like, really . This i mean does that happen . I had never even heard of that. Reporter so now belinda is dealing with the second of those two bad options of hers. That her husband did commit suicide. But at least, maybe he wasnt murdered after all. I got a text from my dad after he read it. And he just said, theres no doubt. Rob didnt do this, that lee committed suicide. I guess theres just no denying it now. Reporter well, i get it now. Its like youve youve been through a roller coaster of different kinds of grief, right . Yeah. Reporter and with this kind of grief comes guilt that belinda is trying to work through. Why didnt i do anything to stop it . What if i had only said this, or if i had only done something to make that different, for him to still be here, for him to know how important and that the money didnt matter. Reporter she is also beginning to rebuild her life. The money from the Life Insurance policy was eventually paid out. And belinda, a nurse remember, now works with alzheimers patients. Deeply satisfying work she told us. And meanwhile, she hopes, she said, that the relationship with her stepfather, rob will be renewed. Do you see your daughters having a relationship with rob in the a relationship with rob in the future, or you for that matter . I hope so. Reporter thats a one step at a time sort of thing . Yeah. Yeah. Reporter and rob fischer . Hes back in california now, trying, from scratch, to put a new life together and build up a family law practice that imploded and died when he was charged. Weve lost our home. We are living, you know, at the good graces of close friends. I joke with my wife that its like were 17 again and were startin over. Reporter this time, perhaps, with a slightly less trusting view about the system of justice to which hes devoted his life as a policeman and lawyer. Besides, as rob fischer prepares for another christmas the fourth since lee died he is well aware that his personal journey through the Justice System may not be over. The Arizona Court of appeals could still overturn the judges ruling and send him to prison. And even if the higher court agrees with the judges ruling, the prosecutor could still come after rob and retry him. The state of arizonas taken two years out of my life and i refuse to let them take any more time. So we are Going Forward in our life as all this is behind us. Reporter as for liz radder, the grandma from new york, she knows she said that one day shell get a call from the granddaughter she hasnt spoken to for so long. Someday i will. Someday ill when she gets older and understands life, shell talk to me again. Reporter but for now belinda devotes herself to keeping her daughters memory of their father alive. That big happy fast talking larger than life man who blew into her life and then left it much too soon. We send him birthday cards, we send him fathers day cards. They, you know, write em up, and we put eight million balloons on em so they dont get stuck in the trees, cause we had that happen once. And they send them up to their dad. So, yeah, hes still very much alive in our house. Thats all for now. Im lester holt. Nbc 10 news starts now. Brotherly love to the men and women in blue. Tonight, hundreds line the streets in support of police officers. The nationwide event Blue Lives Matter filled philadelphia streets on the same day this anti Police Graffiti covers the wall of a fence. Were joined live from northeast philadelphia tonight. Reporter jim, 3 to 400 people gather behind me tonight, not to protest police, but to support them. Were just fed up. We normally wouldnt come out on a cold night like this. But we just want to say we love our police and support