just because we have an undetermined call doesn't mean we don't push forward. >> so they asked a different medical examiner to look at the case. a south dakota pathologist, dr. brad randall. >> and dr. randall gave an opinion of the injuries suggestive of a struggle, and ruled it a homicide. >> homicide. and there was only one suspect. in april of 2013, 15 months after emily died, alex fazzino was arrested and charged with his wife's murder. >> they said you're under arrest. and i was in complete shock. when you're innocent, you don't think it can happen. you think, they're going to come to their senses. they're going to see it. but no. >> he spent three weeks in jail before being released on bond. >> the truth will come out. >> alex's sister marguerite says her brother was charged with murder because of small town politics.