their dna evidence establishes undeniably, unmistakably and without doubt that the murders were committed by two people and not anthony garcia. reporter: the claim was based on what the mottas believed to be a potential match between some unidentified dna found on shirlee sherman s bandana and some dna taken from a suspect in another case. they are taking alleles from dna, bits and pieces, and coming up with a theory that never made it to trial, but she throws it out there on the eve of trial, and prosecutors are incensed, and it really chapped the judge. reporter: the judge took it as a clear attempt to send information to potential jurors that the state s case was suspect. as a result the trial was postponed again, and the judge effectively kicked alison motta off the case.
inconsistencies with the way that they said that it went down that it just never came together for me that he was guilty. reporter: in a rare move, the defense team allowed dateline inside their private strategy sessions. we need to talk about our strategy on direct. reporter: it was a raucous group with alison motta shut the [ bleep ] up! reporter: serving as a passionate advisor. robert motta sr., the voice of experience. are we missing something? reporter: and local attorney jeremy jorgenson and an assortment of researchers sweating the details. the team rented a home out in west omaha, not far from the dundee nieghborhood. it was there that they plotted strategy. the first order of business? knock down the theory that anthony garcia killed two people in 2008 and two more in 2013 out of revenge. we ve got to get rid of her
as a clear attempt to send information to potential jurors that the state s case was suspect. as a result the trial was postponed again, and the judge effectively kicked alison motta off the case. the judge denies her application to practice in the state of nebraska, very controversial move. it was just i spoke to the public, and that put, you know, information that could ve, you know, been information to potential jurors, and that violated the pretrial publicity rule. reporter: the mottas wanted to fight alison s removal, but what their client anthony garcia apparently wanted was a trial. when the mottas appealed over his objection, anthony garcia completely stopped talking with his own lawyers. he d deteriorated mentally, coming into the trial to the extent where he really hadn t i mean, he didn t say one word to us. this guy s mental state at that point was just gone.
we have dna tests that prove that our guy was not at the hunter-sherman scene. reporter: alison motta spoke with wowt-tv via skype. their physical evidence and their dna evidence establishes undeniably, unmistakably and without doubt that the murders were committed by two people and not anthony garcia. reporter: the claim was based on what the mottas believed to be a potential match between some unidentified dna found on shirlee sherman s bandana and some dna taken from a suspect in another case. they are taking alleles from dna, bits and pieces, and coming up with a theory that never made it to trial, but she throws it out there on the eve of trial, and prosecutors are incensed, and it really chapped the judge. reporter: the judge took it
somebody, and i m going to use everything in my arsenal. reporter: for lead attorney, bob motta jr., that meant challenging or debunking everything jurors had heard from prosecutors for the past two weeks. there were so many inconsistencies with the way that they said that it went down that it just never came together for me that he was guilty. reporter: in a rare move, the defense team allowed dateline inside their private strategy sessions. we need to talk about our strategy on direct. reporter: it was a raucous group with alison motta shut the [ bleep ] up! reporter: serving as a passionate advisor. robert motta sr., the voice of experience. are we missing something? reporter: and local attorney jeremy jorgenson and an assortment of researchers sweating the details. the team rented a home out in west omaha, not far from the dundee nieghborhood. it was there that they plotted strategy. the first order of business?