But first the nightline 5. Janet. Cough if you can hear me. Dont even think about it. I took mucinex dm for my phlegmy cough. What about mike . Works on his cough too. Mucinex dm relieves coughs for 12 hours. Lets end this. Come on and do it come on lets go got to get move come on lets go number one in just 60 good evening. Thank you for joining us. When a young mother of three turned up dead after a new Years Eve Party authorities ruled it suicide. Now three years later her husband, a former sheriffs as the case unfolds there are as many questions as there are answers. My wife just shot herself in the head please help me, please help me reporter a frantic 911 call on new years eve 2012 from a husband who just hours before had been dancing with his wife. Tom and ashley were welcoming in the new year at their home in evans, colorado, with family and friends. Ashleys coworker andrea more given sen captured the moment. My perceptions of their relationship when i shot the video was that they were happy and in love. Are you get this will too, mattie . Okay. Reporter but shortly after midnight three, two, one, happy new year reporter ashley was dead from a single gunshot wound to her head. At the time, five Law Enforcement agencies ruled it a suicide. The forensic analysis done did not support any indication ashley when the shot was fired. Reporter but today, four years later, ashleys husband is on trial for her murder. After new witness statements surface in 2014. Those new accounts led to a grand jury investigation which determined that tom fallas pulled the trigger. You do not accept the possible bety that your daughter committed suicide . If that was the truth, then yes. But you dont accept and youve never accepted that as a possiblity . Ive never had anything indicate that it was a suicide to accept it. Reporter today in court powerful witness testimony heard under oath for the first time. When i heard him saying, oh my god, what have i done. Oh my god, what have i done. Reporter nick glover, the fallas nextdoor neighbor, 15 at the time, said he heard through an open window tom confess to two people that he shot ashley. He proceeded to say, 80 shot my wife. How certain are you or are hearing is tom fallas voice that youre seeing standing in your driveway . I am 100 . You cant hear Something Like that and forget about it. Embedded in your mind for years reporter those two people tom was allegedly talking to . His parents. Jim and anna fallas. In testimony last week they deny he confessed to them. At that point in time, did tom ever make a statement to you that he shot ashley . Not at that time, not at any time. Reporter toms parents say they left the new Years Eve Party earlier that evening but came rushing back after getting texts and a phone call from their son saying, i need you now. In court last week, toms mother anna said she comforted her son, who was distraught. And when you are running up towards the driveway with your husband, you see your son . Yes. And hes hysterical . Yes. Crying . And what he said to you is, mom, i dont understand why she would do this, i love her, i love her . Correct. You hugged your son . Yes, and we cried. While youre standing there with tom in the driveway, did you ever hear him say i shot ashley . Never. Reporter ashleys mother jenna gave a different view of how tom was treating her daughter at that new years party. The end of the night i think his behavior towards her was very threatening and volatile and very scary. Reporter according to the indictment, tom fallas became irate at the end of the new Years Eve Party, stormed into the master bedroom, grabbed a 9 millimeter handgun, and shot ashley. The former colorado corrections deputy told police at the time he was innocent. I didnt shoot my wife reporter but ashleys mother didnt believe him. And worked with denver tv station kdvr to take a closer at that time i did not know my daughter had been shot. Nobody had told me. I do do you solemnly swear reporter one of the key witnesses unearthed in the news stations investigation said she heard ashley fallas arguing the night she died. She called kathy glover, the mom of that fallas neighbor nick, to ask if she called the police. My First Response was, what . No. And she said, please tell me you called the police. I said, no, i didnt, why . And she said, because your neighbor just shot his wife. And i said, what . And she said, i could hear her screaming get off me, get off me. Reporter today the woman who told her that, chelsea arego, seemed to take it all back. Did you recall telling kathy glover in a phone conversation that same early morning, i heard her screaming get off me, get i do not. Reporter still, ashley fallas family maintains that omitted information from their reports on her death in order to own. Accuse the Evans Police Department of covering up the murder of ashley fallas . Yes. They never pursued her death as a homicide. Reporter evans police have publicly denied any wrongdoing and say there was never a coverup. Specifically the allegations say the officer omitted material statements from witnesses and that he changed at least one statement of a key witness in the case to support a conclusion of suicide. Reporter they maintain this case was thoroughly investigated in 2012. No person is handled with any kind of preferential treatment regardless of their position in the community or anywhere else when were conducting a investigation. The victims family typically aligns with the police who are helping to make a case. Here you have the victims family essentially saying the original Police Department who is investigating this wasnt investigating it properly, Law Enforcement official. Reporter two of tom and ashleys three Young Children may have witnessed something. One of them drew this picture while she was being interviewed by the police. And reportedly said in heard an argument. The fact that one of their daughters is saying that dad seemed mad becomes very important here and fits in with the prosecutions theory of the case, that he was enraged, and that he killed her. Reporter the kids said they their mother. This is not an easy case for prosecutors. People like to think that eyewitness testimony is the best kind of evidence you can have in a case. When in reality, the best kind of evidence you can have is dna. Reporter regardless of the outcome, ashleys mother jenna has a pending civil suit against several Law Enforcement agencies that were responsible for her daughters investigation. Ashleys friend andrea says shes still not sure what happened on new years eve four years ago. Shot herself, but im not going to judge tom if he says he didnt. Next, a controversial custody battle spurring two communities to take a stand. While one family fights to keep a foster daughter theyve grown to love. But first the sexist tennis slam that has superstar Serena Williams firing back. If i was a lady player id go down every, every night on my knees and thank god that a Roger Federer and a rafe nadal were born because theyve carried this sport. Raymond moore, former tennis star and director of the open. Igniting a firestorm when asked about the state of womens tennis. In my next life when i come back i want to be someone in the wta. Because they ride on the coattails of the men. Williams, who holds the most player, male or female, blasting moore. We as women have come a long way. And we shouldnt have to drop to our knees at any point. Reporter the backlash extending to social media. One person tweeting, Raymond Moore should be on his knees begging to keep his job. And tennis great Billie Jean King writing, he is wrong on so many levels. Moore quickly apologized, calling his comments in poor taste and erroneous. And tonight news that he has stepped down as ceo and tournament director. Maybe someone should have told him that at last years u. S. Open the womens final sold out before the mens. So i m gonna take this opportunity to direct. Thank you, we ll call you. Evening, film noir, smoke, atmosphere. Bob. You re a young farmhand and e trade is your cow. Milk it. E trade is all about constipated . Trust number one doctor recommended dulcolax use dulcolax tablets for gentle overnight relief suppositories for relief in minutes and stool softeners for comfortable relief of hard stools. If you have allergy congestion. To get relief, anything is fair game. Introducing rhinocort allergy spray from the makers of zyrtec. Powerful relief from t nasal allergy symptoms, t all day and all night. Try new rhinocort x allergy spray. X muddle no more red lobsters lobsterfest is back. So come try the largest variety of lobster dishes of the year, like lobster lovers dream or new dueling lobster tails. Its a party on every plate, and youre invited. So come in while it lasts. Theres no one road out there. No one surface. No one speed. No one way of driving on each and every road. Can conquer them all. The mercedesbenz cclass. Five driving modes let you customize the steering, shift points, and suspension to fit the mood youre in. And the road youre on. The 2016 cclass. Lease the c300 for 399 a month tonight, a California Family was left reeling when their 6yearold foster daughter was removed from their home. All due to the enforcement of a controversial law that says because of her native american relatives who happen to live hundreds of miles away. Reporter tonight a family devastated after a dramatic custody battle comes to a head. 6yearold lexie, her image blurred to protect her identity, father. Love you, lexie, were fighting for you reporter as she has been for four long years. But now he is forced to hand her over to child protective services. We love you, lexie we love you about want you rusty paige then breaking im lexies superman. And superman bring back my daughter. Do not let the world go unnoticed of this. Please. Please. This is not right for anyone. This is not right for lexie more than anyone. Reporter this Santa ClaritaCommunity Rallying around the family, their hearts also broken. How long are you going to stay here . As long as we can. As long as you can . Yeah. Reporter emotions have been running high here for days. Keep fighting for her. Keep fighting for whats right in all this. And know that were thankful. Reporter lexie had been in two foster homes before she came to summer and rusty paige. Theyve been her foster parents since she was 2 years old. They say she knows them as mom and dad. Shes going to wonder why mommy and daddy didnt fight for her, why shes not at home. Shes going to question if she reporter according to Court Documents lexie had been removed from the custody of her birth mother when she was 17 months old because of Substance Abuse problems and her birth father who has a criminal history. But last friday, a court ruled lexie should be taken to live with her extended family in utah where an attorney representing the little girl tells abc news, we are relieved that our client will finally be reunited with her siblings and her extended family. Its also the federal law, so we have to comply. Weve had people ask us why were going to the media. And why were dragging lexie through this. But at the end of the day its about lexie. And shes got to know if they take her, in five, ten years, shes got to know we fought for her. Reporter the legal fight began four years ago after relatives of the girls biological father, who is native american, petitioned his indian tribe and the l. A. Department of children and family for custody, challenging the paiges law meant to protect the rights of indian families. The intent behind the icwa is to make sure that native American Children are kept not only within the family but within the tribe and within the culture. Reporter lexie is just 1 64 choctaw indian but is enough to meet the Legal Definition of an indian child. But this law is not without controversy. In 2013 the Supreme Court heard the complex custody case of little veronica. That confusing legal battle beginning when veronicas birth mother put her baby up for adoption. We were praying for a child to love and raise when christie came into our lives. And selected us to be the parents to her daughter. Reporter matthew and melanie raised veronica for first two years of her life, but when the childs father, dustin brown, a member of the cherokee nation, learned she had been adopted, he South CarolinaSupreme Court initially gave the child to brown. Citing that same federal law designed to keep native American Families together. We tucked veronica into bed from the time she was 2 days old. Right up until they took her away from us. Reporter they fought back, taking their case to the u. S. Supreme court, which reversed the state court, ruling that brown had relinquished his parental rights, which cleared the way for veronica to stay with her adoptive parents. The same law is being applied here in lexies case. But there are some significant differences. Although the paiges say they want to adopt lexie, right now, they are foster parents and they do not have permanent parental rights. Foster family is always supposed to be a temporary family. A temporary placement. And so oftentimes, more often than not, you want to place a child with a family member. Extended family. Reporter according to Court Documents, lexies extended family has been a part of her life for a number of years. Visiting frequently. And has intended to get her back. California law requires us to place that child, if at all possible, with a relative. Whether its a native american individual or not. Reporter in a statement, the choctaw nation said it wants whats best for lexie. The tribes values of faith, family and culture are what make our tribal identity so important to us. Youre going to fight for her to the end . Till i die. This is our worst nightmare. This is this familys worst nightmare. Reporter the paiges and their supporters, even a former social worker on lexies case, argues its not lexies blood line or background that should matter. Its about the child. Its about who she views and she personally recognizes as her parents, as her family, as her community, as her teachers and her neighbors. And theyre not thinking about that at all. They havent been. Reporter tonight the family angry, saying that the child they raised is being used to make a political point. This outrageous abuse of power must stop now. Let me speak directly to the people who took our daughter. And you have her now. Im begging every american within the sound of my voice to help us bring lexie back home. To all her supporters, you are true angels on earth. From the bottom of our hearts and from our entire family reporter in a custody case with so much at stake, the sides may disagree on the best path forward. But everyone seems to be fighting for whats best for lexie. David muir joins president obama for his historic visit to cuba. What the president has to say about cuban leader raul castro. Lets get these dayquil liquid gels and go. But these liquid gels are new. Mucinex fastmax. Its the same difference. This one is max strength and fights mucus. Mucinex fastmax. The only branded cold and flu liquid gel that is maxstrength and fights mucus. Finally tonight, the last time a sitting president of the United States traveled to cuba was in 1928. President obama arrived on sunday and he spoke exclusively to our david muir. Reporter president obama arrived with his family in havana. David muir was right there to talk with the commander in chief. You have said that you would speak candidly with president differences you have with the differences you have with the cuban government. What i indicated to him is we cant force changes on cuba. But what we can do and will continue to do is to stand up for the rights that we consider to be universal. With so Many Americans back home asking this, which, is whats the bottom line on tourism in cuba . I think its going to be happening very soon. But we now have an agreement with cruise lines can travel from the United States directly to havana. We have now direct u. S. Flights easier to travel. I wanted to ask you about the Political Climate back home because its back in the news again today. Youre aware that donald trump has predicted riots if the Republican Party tries to stop him, if theres a contested convention, saying, i think youd have riots. Of people. Well this is an issue that the Republican Partys going to have to work through. Theres an expectation that our theres an expectation that those who run for the highest office seek to represent everyone and not just some, or appeal to an us versus a them. Our thanks to david. Thank you for watching abc news. Tune into Good Morning America tomorrow. And as always were online at abcnews. Com and our Nightline Facebook page. Good night, america. Hi, im chris harrison, host of the allnew who wants to be a millionaire. This season, were mixing things up a little. No more jumping questions, no more easy answers just a Single Player determined to win that million dollars, one person answering the to be a millionaire . [dramatic music] welcome to the show. Are you guys ready to play who wants to be a millionaire . [cheers and applause] let me tell you about todays first contestant. He loves taking tests seriously and has gotten a perfect score on the sats and the acts not once, but five times. Nobody likes him. From holmdel, new jersey, please welcome chris cho. [cheers and applause] hi, man. Whats going on, buddy . How you doing . Good to see you. Great to see you. [applause] really . Its true, because i have a test prep company, and to do it right, i need to take these tests at least once, twice, three times every year, so. And you ace it every time. I cant say i score perfect every time, but i crush it pretty regularly. Wow. That is impressive. All right, well, were gonna put