is not enough unless i can show that there was a conspiracy. michael minor never gave me that information. >> reporter: what is your gut telling you, that danielle was indirectly involved, directly involved or -- >> she wasn't involved. >> reporter: had no part in this whatsoever? >> she wasn't involved in that homicide. >> reporter: news of the decision not to prosecute danielle for sam's murder made sam's sister, cindy, furious. >> do i think it's a tough case? yes, absolutely. but you know what? their job is not to prosecute cases that are easy. their job is to prosecute criminals. >> reporter: but just when everyone thought danielle was free and clear, prosecutor fraivillig said not so fast. remember michael minor's videotaped break-in of dianne mcknight's apartment? the prosecutor believed danielle not only helped plan the break-in, but she also instructed michael to steal some of dianne's possessions. danielle was charged with burglary and theft. at trial, the defense argued danielle never asked michael to