forever, dad. the first day the jury went home without a verdict. as the hours ticked by the next morning, still nothing from the jury. in the afternoon, alex got a phone call the jury had reached a decision. when they called me and said the jury s in, i could barely breathe. emily s family and friends rushed to the courthouse. prosecutors were confident. did the best that we could in putting on the evidence that we had. and hopefully the jury would see it our way, and convict him. the defense attorneys were confident as well. we had the facts, we had the experts. but you never know. but you never know. good luck, honey. love you. both sides couldn t be any more raw or more on edge. alex was facing life in prison. and finally, after four long years is this the verdict that each and every one of the members of the jury
she could ve fallen in that bathtub. unable to even lift herself up. and that also explains why there weren t any of those drugs found in her system? correct. exactly. reporter: could emily fazzino have simply drowned accidentally in the tub? alex s attorneys were hoping to plant that thought in the minds of the jurors, but what about those bruises? they called their own pathologist who said he didn t know what had caused them. do you know any determination where they could conclude how that particular injury occurred. no, sir. it s unknown to them and to me, unlike the tv shows you can t just look at that and tell exactly how it happened. reporter: no expert, they argued, could say for certain that that there had even been a murder. i do not know the cause of death, i do not know the manner of death. that s not an intellectual failure, that s intellectual honesty. reporter: and the defense was all too happy to remind jurors that even the state s own m.e.,
reporter: but with the operator s help, alex tried. tilt her head back, okay. she s did you i m just gonna did you do that? yeah. reporter: sergeant john wiebold of the boone police department got the call and arrived at the house with two other officers. his body camera was rolling as alex led them to the bathroom. as we entered the master bathroom, emily was laying on the floor, face up, and she had a bluish tint to her. please help me! okay, how long has she been in here? i don t know, she was taking a bath. could you tell whether she was still alive? i checked right away. i checked for a pulse and breathing, didn t feel any, so i instantly started cpr. how long? i don t know. she s freezing cold. blood? no blood. no blood anywhere. she did have a big bruise on her forehead, the left side of her forehead. what was around, anything? the bathtub was full of water, and there were oil droplets on top the water, like
crime was that emily never received the help she needed. the defense called emily s mother to the stand to show that detox at her house was at best amateur hour. you have no certificate or any license. no i don t. are you telling this jury that you know all the subtleties of withdrawal? absolutely not. reporter: kutmus tried to cast doubon thelaim that emily had gotten completely clean before she died. were you in denial at that time about your daughter s condition. absolutely not. reporter: to drive home that point, the defense called witnesses who say they saw signs emily was still abusing those s pain pills and alcohol in the weeks before she died. one of them was alex s mother. she was argumentative. agitated and she didn t really seem to comprehend sometimes what we were talking about. reporter: signs, the defense said, that are evident in this
remorse. in that initial 911 call, alex sounds pretty genuinely traumatized to me. he doesn t sound like somebody who was faking it. part of the argument to to the jury is that it has to be a horrific thing to commit a murder. what we re hearing is his horror at having just committed a murder of someone who is close to him. that would be a way to characterize it, yes. reporter: prosecutors claimed that in that 911 call, alex had already concocted a story that emily committed suicide or died from a drug overdose. my wife s killed herself. my wife s killed herself. please help me. who? reporter: even at that police interview a few hours later, prosecutors said alex was pushing his theory that emily had somehow overdosed. maybe she didn t kill herself. maybe it was an accident. reporter: then the prosecution called the state medical examiner to tell jurors about that key piece of evidence, the toxicology report. did you also have testing done on body fluids and blo