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But first the nightline 5. Dont let dust and allergies get between you and lifes beautiful moments. With flonase they wont. When we breathe in allergens our bodies react by overproducing six key inflammatory substances that cause our symptoms. Most allergy pills control one substance, flonase controls six. Flonase outperforms the number one allergy pill. Seize those moments wherever you find them. Flonase, six is greater than one changes everything. Number one in just 60 seconds. Homecoming . Its awesome. But with the Citizens Bank education refinance loan, it gets even better. You know those people who pay a little extra and get all the legroom in coach . That could be you, if you refinance your Student Loans. I can refinance . Yes, you could replace your current Student Loans with one new loan and save money on interest. Sounds easy it is easy so, treat yourself to something from that inflight magazine. Or save up for a new car, a wedding or a down payment on the home of your dreams. Have a question about how much you can save . Ask a citizen at 18883330245 or visit lightenyourloan. Com good evening. Thanks for joining us. Tonight a man whos been put on trial not once, not twice, but four times for killing his wife. His children growing up amidst all the turmoil. What happened to their mother and will their father go to jail . Cal harris defense team claims to have new crucial evidence. But will it be permitted in court . Abcs matt gutman has the latest. Did you kill michelle . Absolutely not. Absolutely not. And the fact that im sitting here and having to go through this is just a horror show. Reporter for 15 years, cal harris has been adamant he did not kill his wife. Nobody should have to go through this. Nobody. Reporter in fact, he has given that same plea not once, not twice, but three times. Neither a murder weapon nor her body has been found. Reporter the first two guilty convictions overturned. The third trial ending in a hung jury. Through it all, his four children supporting their dad. It was unfair. We shouldnt have to live at home without both parents. Especially because our dad didnt do anything. Reporter today marking the beginning of cal harris fourth trial. A judge granting the teams request to waive a jury, meaning the verdict is now in the hands of the judge. His team confident that new information theyve obtained will finally prove harris innocence. We had evidence at the third trial that two individuals had burned bloody clothing in a burn pit about seven miles from where michelle and cal live. We dug up that burn pit and found physical evidence crock t corroborating clothing was burned there. Reporter evidence found this january in this outdoor fire pit located in the home once owned by stacy stewart, the man the defense suspects was last seen with Michelle Harris the day she went missing. According to a filed motion, the items found by a Forensics Team include buttons, a partial shoulder strap from a bra, a knife blade, a womans bathing suit, the latch of a womans handbag, and two fragments of charred fabric, one dark blue or black, the other light colored. Those colors match the coloring of the clothe mag she will harris was wearing the night she disappeared. She had on, as was described, a navy blue golf or polo shirt and a pair of khaki shorts. Reporter now its up to the judge to decide if the evidence is allowed to be introduced during the fourth trial. Unlike with a jury, with a judge you just need that one person to feel, maybe theres not proof beyond a reasonable doubt. For the defenses perspective, that could be their best bet. Reporter cal and michelle met in 1987. He was a millionaire car salesman and she a Pretty Office worker. She was just a stunningly beautiful girl. She was fun. She had a great personality. Reporter they built this beautiful home in upstate new york and had four kids. But things started to fall apart. I was working at the business, working a lot of hours. We werent able to spend as much time together alone as we had before. And so that put a started to put a strain on our relationship. Reporter they decided to get a divorce but they were still living under the same roof. I couldnt change diapers, i couldnt be here with kids during the day. So i just tried to provide for her as best i could. Reporter but then on the night of september 11th, 2001, a night when most families were huddling together, michelle disappeared from the driveway of their house. Hi, this is michelle. Leave me your name and number and ill call you back as soon as i can. Reporter you can hear her on voice mail. Michelle, honey, this is mary calling. Please call me if you can. Reporter the growing concern of friends as the hours passed. Where the hell are you . You need to call me as soon as possible freaking possible. I am worried to death about you. You need to call me. Reporter police were called to investigate on this videotape you can see eerie signs of an idyllic family life interrupted. For the children, then aged 2 to 7, it was almost impossible to grasp. So you dont have any memories of your mom, really . You dont have any . You were 5. Right. I mean 15 years ago, almost. Its a long time. Reporter their father was under suspicion. I knew they were focusing on me. Whatever they asked for, i gave them. Phone records, financial information. Reporter police put cal under constant surveillance. How did you find out they were tracking you . I took my truck into my shop. And i had one of my technicians put it up on the lift to service it, normal maintenance. And he came in my office a little while later and he said, you got to see this. We determined it was a tracking device that the state police had put on the truck. Reporter four years after her disappearance, cal was arrested and charged with the murder of michelle. Police say they found blood in the house and they found a witness who said theyd heard him threaten her. Theres no evidence that he ever threatened her in a way that really caused her fear. People say things during an argument or a divorce that they dont mean. Do you remember the first time the indictment came down, 2005 . Yep. That was pretty rough. I feel like it wasnt fair because we didnt get to say bye. We came home one day after school and our aunt, uncle and nanny told us about it. He had already been taken away this. Yeah, we didnt get to say bye. Reporter he was put on trial for murder despite the fact that this case was largely circumstantial. Still a jury found him guilty. Just after the dpildy verdict a bomb shell. A new witness. This man kevin tubbs. Coming forward saying hed seen michelle the morning after she was supposed to have been killed arguing with another man at the foot of his driveway. Cal was granted a second trial and again he was found guilty. And astonishingly again, the verdict was tossed out. This time because of procedural concerns. Millionaire on trial for a third time for killing his wife reporter during the third trial, a breakthrough. The judge allowed the jury to hear tubbs testimony. But he would not allow evidence related to a new suspect, saying much of it was circumstantial. While other portions were hearsay. That trial ended in a hung jury last may. We got closer to justice, but were not there yet. Reporter the Legal Process has led this oncemillionaire to run out of money, struggling to pay a fraction of his legal fees. But he has high hopes about the fourth time around. The last trial we came close. It was an evenly split jury. Bitterly but evenly split. So we made some progress over the first two trials. We need to know what really happened to our mother. We know our dad had nothing to do with her disappearance. We also know there are people out there with information who can help us get answers. The fact that all four of his children support him is a very helpful fact. Whether it is admissible in evidence or not. And thats something that this judge will certainly know. Did they ever ask you, daddy, did you kill mom . No, theyve never asked me that. And i want to make sure they dont ever ask me. I want to make sure theres no doubt in their minds. We feel like we need to tell people that hes actually a really great guy and theres no way he could have done Something Like this. Did you ever ask him what happened that day . Absolutely not. Didnt have any doubt he wasnt involved. Hes been there for us through everything. Given us every opportunity weve ever asked for. Had our backs. Now its our turn to do the same for him. Reporter the trial is expected to begin thursday morning. For nightline, im matt gutman in new york. Up next, an Airline Pilot arrested after failing a breathalyzer shortly before takeoff. What would you do if you caught a pilot drinking before a flight . First tonights political punch. Donald trumps opponents say his twitter account often reads like a schoolyard bullys. Today nylon releasing a video of mean girls reading the republican frontrunners tweets. Make America Great again the video, touching on trumps famous battles. Im not a fan of megyn kelly, i think shes a thirdrate reporter. Including his ongoing feud with fox anchor megyn kelly. Why does megyn kelly devote so much time on her show to me . Get a life, megyn an homage to the cult classic mean girls. Boo, you whore. Its not endorsed by trump but written by him. I have never seen a thin person drinking diet coke. Talk to your doctor about viagra. Ask your doctor if your heart is healthy enough for sex. Do not take viagra if you take nitrates for chest pain or adempas® for pulmonary hypertension. Your Blood Pressure could drop to an unsafe level. To avoid longterm injury, seek immediate medical help for an erection lasting more than four hours. Stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. Ask your doctor about viagra. Your heart loves omega3s. But theres a difference between the omega3s in fish oil and those in megared krill oil. Unlike fish oil, megared is easily absorbed by your body. Which makes your heart, well, megahappy. Happier still, megared is proven to increase omega3 levels in 30 days. Megared. The difference is easy to absorb. Thats why i run on quickbooks. Details. I use the payments app to accept credit cards. And everything autosyncs. Those sales prove my sustainable designs are better for the environment and my bottom line. Thats how i own it. But grandma, we use charmint nultra soft t. So we dont have to wad to get clean. Mmm, cushiony. And we can use less. Charmin ultra soft gets you clean without the wasteful wadding. It has comfort cushions you can see that are softer. And more absorbent, and you can use up to 4 times less. Remember, thats charmin in there. No wasteful wadding we all go. Why not enjoy the go with charmin. You know, jetsetting around involves completely entrusting your comfort and safety to strangers. But that trust may be eroding after recent examples of Airline Crews behaving badly. Another pilot arrested this past weekend, failing two breathalyzers. We ask, what would you do if you spotted a pilot drinking before a flight . Long gone are the romantic days of air travel. Glamorous flight attendants. Handsome heroic pilots as depict in the shows like pan am and movies like catch me if you can. Are you a real pilot . Sure am, little lady. Reporter air travel can be a passengers worst nightmare. Imagine sitting in your seat moments before takeoff when you see this. Your pilot led away by police in handcuffs. Suspected of being intoxicated in the cockpit. I was getting a little nervous. I guess there was a good reason why. Reporter the wayne county Prosecutor Says the pilot, john francis mcguire, failed two breathalyzer tests on saturday. I believe i was speechless. That Something Like that could happen. And again that he could get that close to the aircraft. Reporter he was questioned and investigated before being charged with a misdemeanor. When reached by abc, a Family Member declined to comment on the charges. Among the flyers, this group of spring breakers contemplating consequences far worse than delayed beach time. Youre drunk. You dont really consider like the consequences of that. Of our lives. Which sucks. Reporter under the faas bottle to throttle rule, a pilot must wait eight hours after drinking before operating an aircraft. The legal limit for airplane pilots is. 04. Half of that for drivers. But still enough to impair judgment. Pilots are subject to random testing. You know as a commercial Airline Pilot that if you show up with anything in your blood, whether its drugs or alcohol, your chances of being caught are extremely high. Reporter but plenty of pilots are still charged with breaking the rules. Earlier this year a former Alaska Airlines captain was arrested on charges of flying two passenger aircraft while under the influence of alcohol in 2014. He pled not guilty and will face trial next month. Its far from a new problem. Back in 2002, two america west pilots, seen here drinking in this surveillance video, were arrested before the flight took off the next morning after tsa screeners smelled alcohol on their breath. They were found guilty y by a jury. Seat belts securely fast fastened reporter seemingly straight out of the hit movie flight. Denzel washington starring as an alcoholic pilot who pulls off a miraculous crash landing. His shortlived glory crushed after his blood alcohol level is revealed. This toxicology report states that you were drunk. Two martinis, please. Reporter in the real world would bystanders take action if they saw seemingly drunken behavior like this . You are one crazy man. Thats why im the captain reporter abcs what would you do with John Quinones put it to the test. When are you going to be at work . 2 30. Reporter while this woman looks like she cant believe what shes seeing, her friend seems to think its funny. Still others try their best to ignore them. These are just actors. Their drinks, just water. But these bystanders dont know that. As hidden cameras are rolling they carry a fake Business Card and make it clear theyre about to fly a commercial jet. We only got like another five minutes before we get on a flight. Many do little to stop them. You didnt say anything. I didnt know what to say. I wasnt sure if they were going to the airport to fly a plane. Reporter when she switch out the funloving duo for a downtrodden actor, drinking alone, some like this man take a stance. Whats your boss number . Let me call him. Reporter when the pilot gives the man his card im not going to believe you. So i can do the right thing. Reporter determined he makes the call. But it isnt just alcohol thats getting aviators into trouble. Two argentinean pilots were fired after allegedly inviting a model into the cockpit, giving her access to the accelerator during takeoff. And even snapping selfies together with their back to the control panel. Of course one of the strangest headlines, an American Airlines pilot allegedly moonlighting as a pimp in houston. Hardly the case of the century that the state makes it out to be. Reporter as for mcguire, that American Airlines pilot, he could have his license revoked, be forced to pay thousands in fines, and face jail time. Airline pilots have to respond instantaneously when things go wong wrong. You cannot have any impairment whatsoever. Thats why this is intolerable. Reporter the airlines saying in a statement, this is a serious matter and were assisting local law enforcement. The safety and care of our customers and employees is our highest priority. But the passengers, those business travelers ande erstwhie vacationers who depend on flight crews, theyre just happy a lengthy delay was the worst thing to happen. Up next, from one competition to the next. The top model whos now a dancing with the stars crowd favorite. 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. Ifor all the wrong reasons. Gical you may be muddling through allergies. Try zyrtec® for powerful allergy relief. And zyrtec® is different than claritin®. Because it starts working faster on the first day you take it. Try zyrtec®. Muddle no more®. Try cool mint zantac. Hey, need fast heartburn relief . It releases a cooling sensation in your mouth and throat. Zantac works in as little as 30 minutes. Nexium can take 24 hours. Try cool mint zantac. No pill relieves heartburn faster. He could install your ceiling fan. Ce said he couldnt. And that one time ron said another chili dog was a good idea. Yeah, it wasnt. So when ron said youd never afford a john deere tractor, you knew better. Now ron does too. The e series. Legendary john deere quality. Unexpected low price. E series compact tractors come with an industrybest, sixyear, nocost powertrain warranty. Nyle dimarco first stole hearts on the catwalk. Now winning many more strutting on dancing with the stars. An immediate crowd favorite. Tonight hes swaying to the beat even though he cant hear it. Watching watching as the credits all roll down reporter tonight this dancing with the stars duo taking on the rumba. Nyle dimarco rising to fame after winning the final season of americas next top model. Nyle, you are americas next top model reporter hes an early fan favorite and happens to be deaf. Like, wow, i can actually do this. Reporter how do they do it . Their secret weapon, a set of signals and cues. Between the two dancers that keeps them in step. Sometimes i tap his back. Thats to count him in, five, six, seven, eight. I have the squeeze. I go like this when i want to be brought back for the rumba. A good old scratch on the back. That means turn around. As soon as i lift my head thats his cue to come in. We do it hundreds and hundreds of times. So he gets to feel how long to hold something, how quickly to move through something. Reporter his interpreter, raymond norot, is there every step of the way. But nyle has an advantage over the other celebrities. They get freaked out by all the noise. Theres hundreds of people in the ball room. Nyle cant hear any of that. Reporter this is what it sounds like for him, silent. Hes in his own world with me, kind of perfect. He cant get distracted. Reporter nyles entire family is deaf going back four generations. His Success Story making him somewhat of a hero in the deaf community. To actually represent them, its an honor for me. Reporter hes paid as a Community Ambassador for convo, a Communications Company specializing in Software Equipment for the deaf and hearing impaired. Hello everyone out there. Im so glad to see a full house here. Reporter a superstar model and now a dancer, an inspiration to deaf and

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