trackers in people s mouths? mouths. did you believe him okay. yeah. i i didn t think that much of it, honestly. he kinda showed me a little card and i was like, oh ! reporter: linda didn t make much of it, but prosecutors had another story they wanted the jury to hear a story they thought would show a darker side to gil s deceptions. it s just not a good idea. reporter: nick monaco is a retired police officer and friends with a guy who worked for gil. nick testified that the friend came to him one day saying that gil wanted to pay them to go harass and intimidate tom. he said, well, gil wants to know if you would want to accompany me to, you know, just kinda like scare the guy. and he goes, we may pretend like we re from the c.i.a. or or something like that. just as long as he he sees that, you know, you have a gun
significant other, she s behind you texting her lover? they weren t repairing things. reporter: so gil had no reason to kill tom, the defense said because he didn t think the affair was over. 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. it 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.
reporter: both linda and gil told police the affair was now over. but investigators weren t so sure, and began watching them closely. there was electronic surveillance in terms of constantly monitoring their phone records, their computer records. and we also had a a gps tracker on nunez s car for a while. reporter: what were you hoping to find with that? we just wanted to determine whether, in fact, they were still together, if they were together at all. reporter: it looked like gil and linda were telling the truth. after weeks of watching them, police found no signs they d been together since tom died. phone records also proved tom and gil were indeed friendly until the end, texting each other throughout that last giants game tom watched. and gil, like tom, was well-respected around town. he works hard, and he is not interested in money, as far as i can tell. reporter: zach sklar is a
yeah. and i loved them both. we d say, well, you know, we don t have to decide tomorrow. we have to just take some time and figure this out, you know? reporter: linda says tom didn t pressure her to end the affair. to the contrary, he gave her the time and freedom to continue seeing gil and sort out her feelings. you re just living in almost two different lives. yeah. but they ve intersected. i had a real life and then i had fantasy life, basically. reporter: but everyone in the triangle knew it couldn t last. linda had to make a choice, gil or tom. and a few weeks before tom s death, she did. coming up. her husband or her lover? he threw me on the bed. who would linda choose? had she and gil been telling police the truth? maybe linda wanted tom out of the way so she could be with gilberto? no question.
i said, well, we re not going to go forward with any indictment, we re not going to go forward with any arrest until i have the answer to that. investigators collected d-n-a samples from all the first responders to see if they could have accidentally left their d-n-a at the scene. and they considered another possibility that the d-n-a belonged to an accomplice. we were also trying to get samples from people we had identified that were close to nunez. that s a little trickier because you just can t walk up and ask for the dna. we call it cast-off dna. and you would conduct a surveillance of those individuals and wait for them to discard an item that would most likely have their dna and then you collect that. reporter: what kind of items did you collect? i think there was a cigarette butt and maybe a can of soda. over many months, all the samples were processed, but it turned out to be a complete bust. it identified no one. reporter: it s not the first responders. it s not g