was the miscarriage. that she spent the night masking her night with alcohol. she meant to dull it further with children after the party. that s why tom was upset. she was vulnerable. he was concerned about her. he didn t want her to add marijuana to this toxic system that was developing inside ashley fallis. the defense conceded ashley and tom quarrelled that night but insisted it never got physical. the scratches on tom s test, the one that prosecutors believed was proof of a struggle. dna tests did not match any of that. you did not find any of ashley s dna material from tom s chest, correct? reporter: tom told the police why he had the scratches. he had done a little man scaping to spice up his marriage.
new year s eve 2011, it was the miscarriage that broke her will to go on. that she spent the night masking her pain with alcohol that she planned to dull it further with marijuana after the party. and that s why tom was upset. she was vulnerable. he was concerned about her. he didn t want her to add marijuana to this toxic system that was developing inside of ashley fallis. reporter: the defense conceded ashley and tom quarrelled that night, but insisted it never got physical. those scratches on tom s chest? the ones the prosecutors believed were proof of a struggle? dna tests never found any evidence to support that. you did not find any of ashley fallis dna, cellular material on the swabs from tom s chest correct? that is correct. reporter: the defense reminded jurors that tom told police why he had the scratches, that he d done a little
taint or cover up, the case was turned over to the nearby fort collins police department. for the next seven months officers talked to witnesses both old and new and hired experts to reexamine forensic evidence. when their work was done well county d.a. decided to assemble a grand jury. what i want to do is put all of has the information as much as we can gather and almost use it as a test run. they indicted him. i got the phone call that they indicted him. i just started crying. tom was arrested in indiana, charged with second degree murder and brought back to colorado to stand trial. ashley s parents were finally optimistic. i believe that they will find him guilty. i believe that s going to happen. have you decided to believe it or do you really believe it? i really believe it. coming up a powerful
bleeding, but the type of injury that we are talking about is going to bleed a lot. that s not the kind of stain i would expect to see if that is what was occurring. something is keeping that blood from reaching that area. he believed that something was tom. remember, his clothing was drenched with blood so priest concluded tom and ashley must have been in close contact with the gun went off. he suggested there was a struggle when the shot was fired. i can keep blood stains from getting on to the wall or the cabinet and i can lower her continuing to bleed on to my shirt to where i get her in this position. the prosecution rested its case. what possible defense could there be? well, for a start, this? i have so much pain on the inside i can no longer take it. a letter.
and the holiday shopping season has officially begun. shoppers poured into the store in new york city tonight for early black friday deals. back to dateline. early black friday deals. back to dateline. welcome back to dateline. i m craig melvin. though covered in blood and suspicious scratches, tom insisted he did not harm his wife, that she was the one who pulled the trigger. ashley s parents weren t buying it. but would the police? here is keith morris with after the party. ashley 28 years old, wife and mother of three was dead. the gunshot wound in her head unsurvivable. it was suicide said her husband, tom. i didn t shoot my wife. i didn t do this. it was murder said her