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Transcripts for MSNBC Dateline 20211129 08:46:00

not a search for a question about the drug. not how to kill with midazolam. a search that led to a wikipedia page. that search says nothing. as for the prosecution s star witness, the forensic video analyst who placed gilberto s s-u-v at the scene, the defense said his findings proved nothing. even the expert doesn t say, oh yes, i see in in the video surveillance it was tom kolman with gilberto in the car. no, he didn t even see if someone went from one car to the other car. the defense raised another possibility about who was in the white s-u-v. they reminded jurors, tom was found with his clothes disheveled and pants undone. and suggested that tom may have had some kind of liaison planned. an examination of his phone revealed that he had received an email from a hook-up website called be-naughty.com. the website that was found on his phone was benaughty.com, it was never the subject of any investigation in this case.

Transcripts for MSNBC Dateline 20211129 08:36:00

that gil, as a medical professional, figured out that tom s sleep apnea combined with the sedative could be a fatal combination. walk through your theory of what happened the morning of tom s death. the night before, i believe, gil and and tom had texted about meeting that morning. i think, at that point in time, gil wanted to meet up with tom because of the fact that he knew that he wasn t gettin linda. gil got out of his vehicle and entered tom s vehicle. at that point, maybe he brought him a coffee. i mean, it s early in the morning. here hey, bro. i brought you a coffee. we gotta talk. and a short time later, gil was driving away and tom was dead. but prosecutors faced a couple of obstacles. for one, the judge wouldn t let them use parts of gil s interview with the police because he had not been read his rights, so jurors never saw how gil initially denied to police he d ever heard of midazolam. so you don t keep midazolam in your office? what?

Transcripts for MSNBC Dateline 20211129 08:43:00

why are you so sure that there s not a darker side to gilberto nuã ez? i m not sure about anything. i think there s a darker side to all of us. people are complex. but there s absolutely no evidence that the guy committed murder. in court, gilberto was represented by two heavy hitters from new york city, evan lipton and gerald shargel who had previously defended mafia boss john gotti. they argued that the prosecution s case against their client was pure fantasy. they say that gil is such a schemer, but the plot they ve described here, it s like something out of a bad lifetime movie. the defense said if anyone was manipulating things it wasn t gil. it was linda. they read her texts to gil sent the very weekend she said she was rekindling her relationship with tom. i love you, i miss you. miss holding your hand. that soft spot scar on your face. mwah mwah mwah. can you just picture it?

Transcripts for MSNBC Dateline 20211129 08:38:00

and he told the jury, one more important detail. the s-u-v in the video had a fog light defect, one that cast a distinct headlight pattern. what we re seeing from this vehicle is that it has this white light that is on the ground that moves in front of the vehicle. detectives tracked down gil s white s-u-v which he sold a few weeks after tom s death and drove it along the same route seen in the security footage. sure enough, when we went out to the scene and did our tests, we turned the lights on and there was the pattern that was quite visible. gil s car had the same defect visible in the video. prosecutors thought it was just what they needed to place gil at the crime scene and tie all their evidence together. that was a unique feature to that vehicle. and it was still exactly the same a year later. i have yet to find another nissan pathfinder, color white,

Transcripts for MSNBC Dateline 20211129 07:58:00

maybe eager to get tom out of the way. remember the anonymous texts to tom, the one telling him about gil and linda s affair. she said they came from gil and when she found out she confronted him. i just screamed at him. very devious. very. according to linda, gil cried, said he only did it because tom should know the truth. said he begged for forgiveness and threatened to harm himself. tom felt bad he felt suicidal. tom was that kind of guy. i know this is a really crazy situation we re in, but i m not going to let him kill himself over it. we ll work this out somehow, you know. linda said she was still worried that gil was suicidal and that s why she decided to postpone telling him the affair was over until after the holidays. she seemed sincere but investigators had to wonder if

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