a year and a half had gone by since the murder, it was the summer of 2009. we re in cold case territory. getting there. then one afternoon, as the detective was recovering from a night in the graveyard shift, his cell phone rang. it was don. she said that she can take it anymore. she wanted to talk. what did you think when she called? that it was. time. he drove her to her house, she was inebriated. i m hurting. but she had quite a story to tell about james. about how he offered to murder ben. the night ben died, he said, now or never. and i said no. i said not today, don t do it no. i said no. i said no. no, no, no, no, no. hours later, she, said james walker up from a sound sleep and told heard ben was dead. but that, she said, was all he
but i don t think don really wanted ben dead. i don t think don was there. you re trying to hold it all together? all the way along and even now. you have to understand, ben was a good guy. they had their problems, everybody loved him. he didn t deserve to die. so for the time being, it is a he said, she said story. and the da s deal with don? to the dismay of james matlean attorney, may mean that she may never face a murder job. the prosecutor made a deal with the devil, now he ll have to short how far and how she is. deal with the double? well, the da said without don s testimony at the. preliminary hearing, a murder charge against james wind of stock. but don wasn t totally off the
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i don t know who it was. she saw a shadow in her jewelry looking at her. and then the shuttle left. she went back to sleep and then melissa came in and grabbed her and was talking to 9-1-1. the detective discovered the bullet that killed ben was a number eight bird shot. same ammunition they discovered in craig s room. so, the question quick. i apologize for doing that, if i have to, you know. did you kill ben? no, i did not. sure enough, when they tested craig for gunshot ready to do our blood cast off, he was clean. could not have fired that gun. and so, back to melissa. i know it doesn t make sense to you, but it is any sense to me either. it s not necessarily a huge, bad thing. but it s stuff it s the worst feeling, thinking that you re gonna be blame for your husband s death. melissa, understand that i m not blaming you. i m asking you to help me solve the problems with the questions
go do that? i m sitting there going, are you serious? are you kidding me? all i know is he was on the phone. he was asking me if i wanted him to go take care of ben. and i was saying no. and then she went to sleep, she said. the next thing she knew, james was back. he woke me up and he said, it s done. and i was totally drunk. and then they turn around and i waking up out of a dead sleep and i m like, what are you talking about? he said, the cops are going to be here. seriously, right now you re telling me the cops are going to show up at my house because my ex-husband is dead? and she did not take part, she swore. not at all. i didn t drive. i didn t. i did not go anywhere i. did not plan this. i did not want ben dead. so, truth or fiction? there was no solid evidence either way. nor that james matlean killed ben oxley. only dawn s story.