contaminated. what are you thinking when you hear that? well, i m thinking a couple things. i m thinking, that s gonna be a problem at trial because of the contamination. but i m also thinking, thank god, we get a little break. and after all the additional testing, the medical examiner finally had a cause of death, acute midazolam poisoning. investigators took everything they had to a special prosecutor and argued they were sure gilberto nunez had killed the man he called his best friend. i don t think that nunez was ever a friend to kolman. not for a minute do i believe that. he is a master manipulator. he lives to manipulate. i believe he drew tom in because he wanted to be closer to the wife and have access to the wife. nearly four years after tom s death, gilberto nunez was indicted for second-degree murder. how did that feel when you got that news? i cried. we all cried pretty hard. it felt good in cha we re one step closer to justice for tom. but tough times were
you re there with your significant other, she s behind you texting her lover? they weren t repairing things. so gil had no reason to kill tom, the defense said because he didn t think the affair was over. reporter, james nani. linda admitted on the stand that up to the night before mr. kolman died that they had still seen each other, they had still spoken via text. i think that weakens the prosecution s narrative that there is an obsessive person that ll do anything to get this person, to get linda to go back into his arms. the defense was trying to say that you re telling tom one thing, you know, that you wanna patch things up, you re telling gilberto another, stringing him along. yeah, i was. was there any truth in that? or did you feel that was unfair? no. there was some truth to it cause, you know, i i was stringin him along.
we were playin his game so that he wouldn t kill himself over the holidays. so yeah, it was just a dirty, stupid game. the defense set out to dismantle the rest of the prosecution s case point by point. all that business about the cia they said was more like a joke, hardly criminal. and irrelevant to the charge of second degree murder. and there was ample evidence that gilberto cared too much about tom to ever hurt him. tom kolman and gilberto nunez were best friends. did spend time together. did make plans. did talk about going into a business together. there was no motive whatsoever for this alleged murder. they stressed that none of the physical evidence linked gilberto to the crime scene. no dna, no fingerprints. as for that internet search for the word midazolam , the defense pointed out anyone in the office could have done it and they believed it revealed very little.
meeting for sex. and by spring, gil had separated from his wife and was living in an apartment above his dental practice. you had a busy life, a job, husband, children, in a small town. how are you carrying on this affair? i still was the wife and the mother. i was home for my kids every night after work. and i would see him lunchtime. linda thought it was a well-kept secret. but maybe, not so much. a few months into the affair, someone tipped off tom with an anonymous text message. he comes right at me with it. you know, i m getting these text that is you re with gill. what the hell s goin on? it s so scandalous.
they send it to me. and i put it in there, and the rest of them, they get tossed. okay. so let me just say this, then. if there s midazolam in the emergency kit okay. then your fingerprints would be on it, because you put it in there. yeah. and when investigators asked gil about those text messages to tom, tipping him off about the affair, he had an explanation for that too. i would say, okay i m going to try to figure out how to let him know. yeah. because if he was me, i want to know. i wouldn t be, you know, this. so i guess he took that as a sign of, like, courage and a sign of you know, my friendship. in one breath you re saying that you care about the guy. yeah. but, in a second breath, you want to get rid of the guy because you want to have a relationship with his wife. i don t want to get rid of him. there s no reason for me to get rid of him. i was in a