hello and welcome to dateline. to outsiders, every marriage is a mystery. some who knew the couple in our story, sought to people in love. others, a marriage in trouble. all agreeing this has been in wife did have one thing going for them, they both loved hunting. they were also both excellent shots. so good, they rarely missed, whatever the target. here is keith morrison with as darkness fell. >> twilight. the day going fast now, night eating up the track the, meadow, the wild black -- >> when did she know. now she studied herself in the truck bed, was it hours ago in september sunlight? did she know already in the morning? or, was it later, much later, when they show to the evidence. when darkness swallowed them all. >> i'm dara brown, we have breaking news. after weeks of back and forth between novak djokovic,'s lawyers, an australian government, we finally have an answer. the tennis star will be deported, and will therefore mr. tournament. he has been scheduled to play tomorrow. the panel of appeals court judges made their decision, after hearing arguments from both sides about whether djokovic should be allowed to stay in australia. the federal government had to decide to canceled his veto for a second time, on public health grounds, on friday. australia will requires non-citizens to be novak's -- let's bring in msnbc's foreign correspondent, molly hunter,. molly, according to what the pm had been saying, and the immigration officers, this really isn't a big surprise. how is it going to the tennis world? >> look, this is a man who is not used to losing. he was gearing up, as you, said to play in just a couple of hours. the australian open opens on monday morning. this is been going on, this is a saga, this is a story that just hasn't led up since january 4th, when djokovic was flying into australia. now, as you mentioned, he said he was flying in with an exemption, so australia largely, over the last two years, has been shut outsiders, as they have gradually reopened. they have very strict border controls. on his immigration form, there were a couple of big issues that raised red flags. one, he says that there was an administrative error. his team says he didn't travel before arriving to australia. that turned out not to be true. then, one of the biggest things, he lied about when he exactly had covid. so dara, one of the big issues that we've been talking about over the last two weeks, is that he had covid in december. he apparently went to an interview the day after his diagnosis, that became public, center of the controversy. what is a legal team an immigration ministry has been fighting about for the last couple of days, is the immigration officers have argued, if djokovic is allowed to stay. that would ignite an act time vaccination sentiment in australia, wn covid see surging. his legal team argued, he's not endangering anyone, and his deportation could also ignite that kind of anti vax sentiment. the other thing, we haven't learned a lot from this judge panel just moments ago, they are going to explain the reasoning more in coming days. the other thing they order djokovic, is to pay back the cost of the government's legal team. that was something that australians were getting fired up about over the last couple of weeks. his first, again this is the second time is visas been canceled, the first time, that hearing happened, the taxpayers footed the bill for the legal team. that was sparking quite a bit of outrage, among australians. >> so, molly, the question is will this be the end of it? will there be another chance to get an appeal, or is this the end of the rope for him for, this open? >> this appears to be the end of the road. over the weekend, there was an option for either a one judge panel, or a three judge panel. if it had been a one judge panel, there might have been illegal pathway for djokovic's legal team to appeal, once again. this is a three judge federal panel, which apparently, blocks the way for any further appeal. we also heard the immigration minister, just about 48 hours ago, he said, if djokovic loses on sunday, at this final hearing, he will be on one of the first flights out of the country. when that news broke, in melbourne, there was honking, there was excitement among the public. when you listen to australians, who have been interviewed over the last couple of weeks, they are furious, that djokovic has gotten some kind of elite, special treatment, when they have been leaked down in their houses. unable to see their families, unable to leave the country, or have family members come into the country. >> molly hunter, thank you so much for joining us. we appreciate it. let's bring in, christopher clary, tennis correspondent, he is in melbourne. we also have stephanie miles joining us, she is the publisher of the tennis website, open court. i thank you both for joining us. christopher, what would be your take on this? tennis is your spot that you cover, how is this going to affect the tennis world? this is been made very political. >> i've been covering tennis for over 30 years. this is the most extraordinary story i've ever seen, and terms of a top player, most dominant player in the world. nine-time australian open finalist. he's being basically -- with a visa if you look, there's not been able to play, it appears. i don't see a pathway for a minute to play, even though they're talking about possibilities for deportation, formally when they, announced a rule ten minutes ago. it's an extraordinary situation, it has a lot of ripple effects. >> what do you think those ripple effects would be for the tennis world? >> novak djokovic is currently tied with roger federer and rafael nadal, for the all-time lead in grand slam singles with 20. he's 34 years old, still in great form. this is a huge blow if it ends up being the way it. is i don't know how many more opportunities he'll get. it also carries, theoretically, a theory ban from revisiting australia. there was some discussion in the hearing, today, from that being lightened to a one-year ban, but there's no guarantee. this is a player who's dominated this, tournament building reputations -- i think, it really could have a negative effect on his career, and change the math, and the way this grand slam chase finishes up. >> stephanie, if you could join us, what is the tennis world saying about possibly why he would've been not really honest about this one, he was going into australia? he knew what the rules, we're a he knew the rules were. why did this become such a big issue? >> the rules were a little mighty. djokovic is hardly the only one who can take a bit of the blame for this. certainly tennis australia was very motivated to get him to play, and i think, when he left spain, to come here, he thought he had the -- now, who told him that? is something we will find out in the intervening weeks. ultimately, a lot of people got this wrong. i think, had not been novak djokovic, it wouldn't even have been heard. the ripple effects in this tournament, for the rest of the season, are significant, because this is not the only country that he'll have trouble getting into if he's not vaccinated. >> you bring up a good point, if this had not been djokovic, would it have been such a big deal? do you think they would've made such a big deal, just in general, if it had been other tennis players? >> djokovic is such a high-profile player, he should've announced that he was coming with an exemption, on social media. they were kind of waiting for him, as they were waiting, they contacted other players, who had managed to slide through with the exemption, and said, hey, wait a second, you guys have to leave too. they obviously did not the resources, or the will to fight it, as djokovic did. so, they went home. so, it wasn't only him, but his high profile, and his -- defective his appearance, or non appearance, in this tournament, being a nine-time champion, being the best in the world is magnified it for everybody. >> and, christopher, what does come with this? i know you mentioned it, possible ban for three years. but, we do know, at this point, there is no process for appeal here. so, how it is going to play out for djokovic? >> to be totally honest, almost sports writer, i've covered a number of things, but i'm not an australian legal expert. i'm not sure with the ultimate endgame is. it only appears there's no more time. he's scheduled to play tomorrow, in the evening, in the second match in a night session. his serbian compatriot. it's very hard to see a pathway for this to be resolved in time for that. he can't play in that round, he can't play in the tournament. talking about, deportation i will get ahead of ourselves, but i do feel like it looks unlikely that'll be able to play. if that ban is in place, is going to restrict his ability to add to his grand slam total. he will still be, if in good form, the favorite of the french open, but there's a young generation rising, and he's not a young player anymore. >> to your point, will there be the same ramifications for playing in those other countries, or is just that australia has the most stringent immigration rules about having vaccination, and being open about it? >> this is a very fluid situation, as we all know. the predictions on what's going to happen with the coronavirus are pretty -- is clear that he's going to have issues. the spring tournaments in miami -- we already have a ban on nonresidents coming into the country, almost have exemptions, which are pretty hard to get, if you're not vaccinated. that's already one potential hurdle -- adamant about being vaccinated -- i think stephanie's right, we're going to be piecing the whole series of hurdles from here, if he remains unvaccinated. this is a very grinding experience for him, he's a strong and resilient person, but he's also going to be affected by this. it's a blow. >> it is a tough blow for him. i know there's a lot of back and forth in the tennis world, because he has supporters, the serbian government behind, him saying, he should be able to play. but, the australian government said, no, you're out. stephanie miles, thank you for your time. christopher, thank you for your time. thank you both for joining me. i'm going to bring back in msnbc's molly hunter. molly, as you could hear from what christopher said, and stephanie, this is really quite an upset. something that's never been seen before in the tennis world. australia has been very firm in their rules, and their borders. that's what's kept australia safe, having these strong rules. how is this going to play forward for other events coming in? no >> having the australian government has now, after two, weeks sent a very clear message that no one is above the law. no one gets the slide in, no matter who you are. i know, look, watching twitter and social media, a lot of australians have an incredibly frustrated, that suddenly it appears a special rule, if you are world-class tennis player. one that didn't apply to them. looking at all the interviews, and social media, the last two, weeks australians, largely, will support this. they will feel vindicated that he did not get to slide through. you mentioned how the tennis communities reacting, over the weekend, we looked at what people were saying. raphael nidal head -- talked about how the australian open is bigger than any other player. we should focus on the matches, we shouldn't be so tied up in this. from the tennis community, even if there were some supporters of the world number one, there is a sense that, this was a distraction, let's move on to what's important which, is the matches that started a few hours. >> molly hunter, thank you so much for joining me. again, we're going to say, novak djokovic, the tennis star, defending champion, will be deported and therefore missed the tournament to the. tournament will begin -- it'll be another chance for him to defend his australian open title, and possibly another grand slam. i'm dara brown, you've been watching our coverage on msnbc. we now return to our progress. dateline >> >> so, now the questions veered into their the of cops everywhere. >> so, have you and marc ever had any marital issues or problems? >> we had the perfect life, perfect marriage, perfect family. i loved him so much. he is my everything. i could not get him to -- that is when i live for. we had a great life. and we had so much in common. coach i do not know how to go without him. >> okay i think where deadly interview now. >> investigators left mary beth to grieve. and of course, called the family with the awful news. mary beth's first call with her friend. >> she said, oh mark was dead. he was shot. i asked who shot him? and she said, i did. she was crying so hard, it was difficult to make out which he would say. i said, -- >> mary got on the phone to. not to the father, or his, brother or sisters. he called -- >> linda called me, and said mark was gone. i said what do you mean markets gone? and he said, mary beth shot him. she thought he was a barren shot him. >> and then the fatherly. >> i will never forget the look on her face when she came in. right away, it was mark. mark's gone. >> just like that? . >> yes, the most devastating thing to ever happen to me in my life. >> mark and his baby -- the son most like him. >> back in newfoundland, they asked him -- of course she said, yes. neither she or very slept at all that night. >> i cried all night, and threw up all night. it is a tragic experience to come home to. >> the first, night they went back to the clearing to collect mark's body and document with the video what they saw. all very sad. in newfoundland, as in many places, hunting -- is common. then the cops got back to headquarters, and all hell broke loose. >> we were getting bombarded. >> calls from mark's family, dean mostly. demanding the police do something. so many calls they asked them to stop. >> they had a satellite phone. they said our office can hardly -- >> there was, of course, a reason for all those calls. and everyone will find out about that soon enough. >> back in pennsylvania, mark's family was shocked. but there was something else to. coming up, >> we had that instinct that this was not an accident. >> when dateline continues. accident >> when dateline continues wondering what actually goes into your multi-vitamin? at new chapter its innovation organic ingredients and fermentation. fermentation? yes, formulated to help your body really truly absorb the natural goodness. new chapter. wellness well done how not to be a hero: because that's the last thing they need you to be. you don't have to save the day. you just have to navigate the world so that a foster child isn't doing it solo. you just have to stand up for a kid who isn't fluent in bureaucracy, or maybe not in their own emotions. so show up, however you can, for the foster kids who need it most— at helpfosterchildren.com new year, new start. and now comcast business is making it easy— to get going with the ready. set. save. sale. get started with fast and reliable internet and voice for $64.99 a month with a 2-year price guarantee. it's easy... with flexible installation and backing from an expert team, 24/7. and for even more value, ask how to get up to a $500 prepaid card. get a great deal for your business with the ready. set. save. sale today. on september 17th, 2006, less comcast business. powering possibilities. than 72 hours after she mistook her husband for bear, she had the sad ride back to -- her children with her. and mark? his body was shipped back in a casket. >> [inaudible] >> in a few days after her tear stained statement, she pulled up in pennsylvania with a trophy in the truck. a few caribou's carved of four states, and the dead bear that mark shot before she shot him. the bear she had stuffed, in order to honor her husband. but her in laws were already -- now adding to their complaints, what they saw was appalling taste and a bad attitude. >> if i would've killed someone, you would've had to put me under sedation. i cannot imagine taking a life like that, and being able to function. >> was she calm? >> eerily calm. i did not want to believe that she did it on purpose. i gave her every opportunity to tell me that she was sorry. and it never happens. and there were no tears. no i'm sorry. no, oh my god what have i done. nothing. >> of course, grief is varied and personal. not leaving the in laws the best to judge mary best method. but they did not seem to believe that she was grieving. and though they were all shocked by the killing, they were not really surprised. >> we all knew that something like that could happen. >> knew that this could happen? how? well for one thing, they knew that she was a crack shot. that she was equipped with a sophisticated light enhancing microscope. for about 200 feet. how could she have mistaken her husband for bear? >> the fact that it was 60 meters, and an open area. we had an instance that this was not an accident. it did not make any sense. >> no, they suspected the worst sort of foul play. a calculated killing. by a woman they did not like or trust one bit. especially dean, his eyes were open a few years earlier when he lived with them. it did not end well. >> i fell out of favor with mary beth because she could not control me. it got really intense. she was so dominating in her manners. >> dean claimed he saw disturbing things in his short unhappy stay with the couple. >> i saw her slapping mark, and just violence. >> slap him? >> until his lips were bleeding. -- [inaudible] she may have killed him. and he said, our love is so strong she would never do it to me. if she did, it would be the best thing that ever happened to her. >> dean thought he was crazy for staying with mary beth. but mark loved her. and even stayed with her, even when the family got riled up. >> they would come back and everything would be fine. >> he seemed able to control her. >> of course dean was not alone. not for long. the rest of the family saw the very same signs of trouble. >> she never allowed him to be with any of us alone. she was very controlling. it was like he was brainwashed. >> with the music crashing in on them and the years-long grievances against mary beth, they saw the temper temperatures -- the disappearing acts. they said they put up with it because they loved mark and they wanted to keep the family together. they knew something else too. they knew mary beth was diagnosed as bipolar. and when she did not take her medication when she was pregnant -- >> it was uncomfortable to be around her. >> i told him he needs to think of the safety of himself and hit those children and. that she needed proper treatment. and he was always concerned about whether she was admitted somewhere. she would not be able to hunt. that's what they lived for. she would not be able to lose her gun privileges. >> she agreed to let mark take her to a psychiatric hospital just over a year after the trip. >> her family said that she signed the papers herself. to keep her hunting privileges. but she did not like the place. >> no, she said no one will ever put me in this place again when she got out. >> and she blamed mark for putting her there. >> but, did she ever forgive him for putting her into a psychiatric? >> we all thought that. >> so when they heard about the accident, they -- mark had always been a good fighter. worked hard to pay for that big new house that was being built. and just five months earlier, he and mary beth decreased his life insurance by half 1 million. >> it was a joke at the time, said susan. but it was certainly in their minds with dean and his family made those calls to the rcmp after the shooting. >> i wanted to talk to the commander of the mounted police. and i did. >> but the mounties, did not seem to share their suspicions. >> they made the comments, how could we be questioning this? that was to the point where i had one of the sergeants in the rcmp, they said no one tells us how to run our investigations. >> so it was upsetting to the family, but what could they do? they had ruled out murder, but any crime -- just >> the funeral was to say the least, awkward intense. >> it was almost if you touch drew a line to the middle of the -- >> i did not even know where his ashes were scattered. i do not know that. >> well, they had not been scattered at all. here is the earn on the shelf of the house. >> and that might have been the end of it really, except for the deep freeze that split the family. but it was not the end of it. because, not long after, said the, a strange thing happened. two of mark's friends came forward and claimed mark -- >> i think she's going to shoot me. mark hesitated, and then added, and she won't mess. >> and another funny thing. this time, it was barry, suddenly, berries marriage ended. and as for what he did next, well, what's in the world was happening? >> coming up, perhaps mary beth was not fighting with everyone in her husband's family. >> did you ever have a moment when you thought, you are trespassing on your brother's life? >> when dateline continues. when teamwork... long walks.... that's how you du more, with dupixent, dupixent is not for sudden breathing problems. it's an add-on-treatment for specific types of moderate-to-severe asthma that can improve lung function for better breathing in as little as two weeks. and can reduce, or even eliminate, oral steroids. and here's something important. dupixent can cause serious allergic reactions, including anaphylaxis. get help right away if you have rash, shortness of breath, chest pain, tingling or numbness in your limbs. tell your doctor if you have a parasitic infection, and don't change or stop your asthma treatments, including steroids, without talking to your doctor. are you ready to du more with less asthma? just ask your asthma specialist about dupixent. ♪ and i'm gonna keep on lovin' you, ♪ ♪ 'cause it's the only thing i wanna do. ♪ turns out everyone does sound better in the shower. and it turns out the general is a quality insurance company that's been saving people money for nearly 60 years. ♪ 'cause it's the only thing i wanna do ♪ shaq: (singing in background) can't unhear that. for a great low rate, and nearly 60 years of quality coverage - make the right call and go with the general. why does walgreens offer prescription copays and nearly 60 years of quality coverage as low as zero dollars? 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once again, here's keith morrison. >> in those said, dark days after mark harshbarger's death. his family suspicion solidified. his wife, mary beth, they were convinced had murdered mark. they told whoever would listen -- up in the newfoundland woods. >> his family was terribly upset. then they start blaming her. they wanted a reason, a person who would be responsible. while she was responsible, and she said she wasn't, she felt horrible. but, they wanted more, i guess. more than just saying, yes i did it, and i'm so sorry. >> of all the harshbarger,'s only barry stood by mary beth. barry who -- i brother dean's accusation, that she killed mark, out of revenge, to collect insurance money. dean just hated her, that's all, said berry. >> i feel it was a game. he was playing a game. persuaded everybody else to feel the same. >> meanwhile, barry did his best to comfort mary beth. >> crying and crying, days at a time. nights without sleep. who did she have, nobody really helped out. they say they offered to, but nobody was. here >> but, you are here? >> as much as possible. >> so much so that berries we have 24 years walked out,. it seemed like to the rest family indecent haste, barry moved in with mary beth. >> he swore to me, broke down crying, put on such a good front. he said, the only reason is there is because of those kids. he swore to me that that was the only thing that was going on. >> everybody in town knew they were a couple. >> i still don't want to believe that. i've lost two brothers, i have lost two brothers, not one. >> i just can't believe that these people think that they have a right to judge me. do i judge them? who they live with, or who they sleep with. >> did you ever have a moment when you thought, i'm trespassing on my brother's life? >> my brother is gone. that's no longer his life. i don't feel that way. trespassing? no. i never looked at it that way. no. >> by this time family relationships were very sour. >> yes, they were. >> because, why? they knew you suspected her? >> well, they knew that i could not accept the fact that things happen the way that they did. it was just an accident. -- >> which is why, -- the harshbarger's took their suspicions to a police force closer to home. >> they intern took into the wilmington county district attorney's office. the detective there, he related to the -- encountered a. >> it was dean who call the cops in pennsylvania. dean who tested the mounties after the. shooting dean who learned, investigators went to the very spot where mary beth shot mark, and conducted a reenactment. the results inconclusive. it was possible, at least, that in high grass, mary beth could've mistaken mark for a bear. though, of course, another conclusion was also possible. by this time, with some help from the harshbarger's, pennsylvania media had got wind of mark's death. local gossip feasted on what was a juicy story. accident or not? >> it would be pretty hard to be mistake a human. forebear >> mary beth, she kept her mouth shut. or at least in public. though, she did fight heart, eventually, successfully, to pry the very substantial insurance money from firms, which first refused to pay. , she started competing again in the local shooting contests. and, when it came to the kids, mary beth claimed the harshbarger is never asked to see them, but -- she prevented any contact with those children. >> and, you lost two grandchildren? >> yes, it's sad. it's a sad situation. >> then, finally, on the one year anniversary of mark's death, meredith called a local nbc station, wbrc, talk about a bench she put on her property. what was the purpose for this bench? i see candles here, what is for? >> it's a memorial to mark, my husband. for the children, because mark was cremated. >> would you want them to know about you and mark? >> i loved my husband very, very much. and he loved me. >> what do you think he would say about some of this information and rumors that are going around? >> he wouldn't be very happy, at all. >> with the senior future? >> it's unclear at this time, i lived it today. >> as unclear as a result of the mounties second recreation was. still, local cops had requested the mounties were trying to put a case together. by september 2007, pennsylvania cops had dug up enough, mostly material from airbus past, to lure to mounties down to the u.s.. >> they were surprised that she did have a troubled past. a lot of the things that i didn't know about. >> there was, for example, an incident back in 1992, mary beth was convicted of assault, and in a day in jail and a stretcher probation. the mounties accepted a stack of investigative material from the pennsylvania investigators. >> they would take that back, and determine what would be the proper charge, to charge her with. >> still, months went by, as mary beth await your faith. it is taken quite a toll on her, to know that his family feels she is totally and completely responsible for mark's death. >> then, in 2009, the news, the mounties will file on charges. she fought the expedition for two long years, but, may 2010, almost four years after she shot, what wasn't there, it was decided. mary beth harshbarger would go on trial, in newfoundland, were very curious thing would happen, on the way to justice. >> coming up, mary beth's remarkable memory. >> she knew the numbers, off the top overhead. >> that seems a bit weird? >> it did raise eyebrows. >> when dateline continues. when dateline continues don't take rybelsus® if you or your family ever had medullary thyroid cancer or have multiple endocrine neoplasia syndrome type 2, stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. wake up to the possibility of lower a1c with rybelsus®. you may pay as little as $10 for up to a 3-month prescription. ask your healthcare provider about rybelsus® today. ♪ got my hair ♪ ♪ got my head ♪ ♪ got my brains ♪ ♪ got my ears ♪ ♪ got my heart ♪ ♪ got my soul ♪ ♪ got my mouth ♪ ♪ i got life ♪ where does your almondmilk come from? almond breeze starts here with our almond trees in our blue diamond orchard in california. my parents' job is to look after them. and it's my job to test the product. the best almonds make the best almondmilk. blue diamond almond breeze. we're a different kind of dentistry. one who believes in doing anything it takes to make dentistry work for your life. so we offer a complete exam and x-rays free to new patients without insurance - everyday. plus, patients get 20% off their treatment plan. we're on your corner and in your corner every step of the way. because your anything is our everything. aspen dental. anything to make you smile. book today at aspendental.com, walk in, or call 1-800-aspendental. why choose proven quality sleep from sleep number? because my sleep number 360 smart bed is temperature balancing so i stay cool. and senses my movement and effortlessly adjusts to help keep me comfortable. the summer of 2010, pulled the sleep number 360 smart bed is on sale now. only from sleep number. toward an early autumn in new thin land, mary marsh burger was 35 years old. she had been awaiting trial for five months, while her brother in law berry, the only harsh pressure on her side, supervise the kids back in pennsylvania. >> it's been almost four years since mary harsh burger shot and killed her husband mark. >> she agenda up a lot of public opinion one way or the other. the question that drove the debate seemed mad inkling to answer. was it a simple hunting accident? or did a sharpshooter put a hole in her husband's chest on purpose. >> this was a trial that raised a lot of questions for people. they asked what? if >> she covered this story, and the trial. >> floor mary beth harsh burger, this was a horrible, tragic accident. and for people who don't believe her, there were people saying, if they don't believe her was it deliberate? >> murder was never on the table. they did not alleged murder. it was not the charge against mary beth harsh prayer. even though, as they complained, -- >> they were reporting on this as if it were a murder charge. or a manslaughter charge. that >> was the actual charge was, criminal negligence causing death. big difference. yet. >> there was almost a disconnect between the charge in the court and public opinion. >> there was absolutely no allegation of -- >> yes, really. agreed crown attorney, karen. >> the charge was that it was an unintentional shooting. >> the charge, in the simplest terms, was that she was responsible when she squeezed the trigger that night. in canadian law, there is specic penalties for that. some like life. -- the harsh burgers made their somber presence known. that the pilgrimage to the stand of brush where mary found her mark. and on september 13th, 2010, four years after the brush, mary was led into the courthouse for trial. in fact, the public fascination was intense, so the attorney wanted them to be tried by a judge alone. >> i was afraid that a jury might think, because she's american, maybe she had the intent to kill. >> so, in front of a judge but no cameras, no jury, she recalled the fateful moment. >> i said, what did you shot at, she said, i shot it a bear, did i get him. no, it was mark. >> the? -- the tall brush in which she claims she saw bare. >> there was a lot of terrain, there was a lot of tree stumps and fallen trees. >> and as you entered seeing the grass, it got taller. >> but the star witness was mary beth herself. the audiotape. that was, the recorded message he said the mounties after shooting him. >> i saw a bear, it was big and black. it was rounded at the back. like the head of a bear. >> do you know what it was that you fire that? >> yes. >> so it was her husband. >> i didn't see him. but i but he's dead. >> a man, some evidence that her in laws thought was incriminating. after her chat with the mounties, mary beth asked if there was life insurance. >> yes, on both of us. i don't know what it's worth. probably a year's pay. we have one through new york life that's with 100,000. and we just got through state farm in may, worth 500,000 as well. >> a big brand new life insurance policy on mark. >> and listen to what happens after -- a heartbroken woman for details. >> would you be able to provide me, phone numbers of those. >> i can givit to you now i think. state farm is area code five seven zero. eight three six. >> do you know new york? >> my representative is a good friend. her number is five seven zero, eight three six. >> she knew the numbers off the top of her head. >> that's a little weird, ha? >> it did raise eyebrows. >> the harsh burgers allegations that mary beth was a dangerous candidate, and mark may have feared for his safety, those allegations did not make it into the trial. because the crown attorney did not allege for a minute that mary beth intended to kill her husband. so, the harsh burgers allegations were iraq -- was about criminal careless only. >> when you look at the evidence that the prosecution did introduce, the herself as ad shot. yeah, it's that night she fired at a target that she did not identify. >> and her defense? one thing, maybe just mark did look like a bear that night. >> he was dressed in blue cover all, 6 to 3-day beard. real dark. >> how many bears you estimate you've seen in the wild? >> maybe a couple hundred. >> describe them. >> they stand on their hind legs, and sniff in smith, maybe go to one side. >> he was walking downhill, watching his staff. he, unknowingly, exhibited the characteristics of a bear. >> for the harshbarger family, the trial was not easy. >> i wanted and waited for years. it came with a lot of mixed emotions in that courtroom. >> and then? the judge adjourned the case for a week to ruminate about the verdict. a criminal negligence conviction would send mary beth to prison in canada for years, possibly for life. so what would it be? >> coming up, the verdict. >> she was visibly shaking. waiting for the judge to -- trembling. she was just shaking. >> when dateline continues. >> when dateline continues anna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. why hide your skin if dupixent has your moderate-to-severe eczema, or atopic dermatitis under control? hide our skin? not us. because dupixent targets a root cause of eczema, it helps heal your skin from within, keeping you one step ahead of it. and for kids ages 6 and up, that means clearer skin, and noticeably less itch. hide my skin? not me. by helping to control eczema with dupixent, you can change how their skin looks and feels. and that's the kind of change you notice. hide my skin? not me. don't use if you're allergic to dupixent. serious allergic reactions can occur, including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines, don't change or stop them without talking to your doctor. when you help heal your skin from within, you can show more with less eczema. talk to your child's eczema specialist about dupixent, a breakthrough eczema treatment. it would not be accurate to say the harshbarger family was satisfied with the canadian case against her there in law, mary beth. they believed mary beth murdered mark. when she thought he was a bear. still, criminal negligence causing death, the actual charge against mary beth, could bring the sentence of life in prison. on october 4th, 2010, four years after the shooting, justice was about to be served. a very nervous mary beth was led into the courtroom, launched by -- >> she was visibly shaking, waiting for the judge to -- >> trembling? >> she was shaking. >> mary beth's attorney had the jitters to. i was nervous. it was a cliff-hanger. he kept us on suspense for the bulk of his decision. >> there was suspense because the george read through a 35-page decision. it went on for some time. >> which he shot it was which he had. >> and then. >> i think we are about halfway through page 30, when he showed his hand. >> people cannot always lacked perfectly. and even when people act reasonably, accidents may unfortunately incur. the charge of criminal negligence against ms. harshbarger is dismissed. >> after that, not guilty of any crime at all. mary and harshbarger was free to go. >> she burst into tears and was let out. you can hear her sobbing as she was taken into the back room. >> it was great relief. i was glad for my client. it was a lot of work, and, it turned out -- they don't always turn out good. >> she left the courthouse with her attorney. and departed for pennsylvania the next day. returned to the kids and berry, and her lovely house, and her porsche, and our hummer, and what was left of the 600,000 dollar insurance settlement. and furious relatives. >> she knows what she dead. in my opinion she killed mark intentionally. she got away with murder. >> it was unbelievable that they would let her off with no consequences. no penalty whatsoever. >> mary beth? >> and mary beth? she expected a sunny reception in her big return, but there was a shake up. barry had run off with the babysitter. they had moved out and got married. you might have wondered by -- the shooting, the accusations, the trial, barry. of course, we wonder to. >> we met with mary beth as she went about rebuilding life with the kids, after spending months in jail with the trial. she says she avoids contact with the harsh burgers now. that happens to everybody in little towns where the gossip turns. she waited for -- and then as the date approached, she changed her mind. she won't do it. i don't care what anybody thinks about me. especially the harsh burgers, who were left now with only memories. >> the only thing we have left now to remind us of mark's family pictures, and of course those two grandchildren. mark children. >> lee harsh rug or walks the forests, and thinks about his son who loves to hunt. >> he had a favorite saying. well, that was another find a field. that was very, very rewarding. >> and mary beth? probably the gift she sent her attorney. it as heartfelt a comment as we will get. >> well, she sent me a little toke it of her appreciation. a bumper sticker that says, it is as bad as it gets, and they are bad to get you. i thought it was pretty fitting. >> that's all for this edition of dateline, i'm natalie morales. thanks for watching. th anks fori'm craig melvin, and im natalie morales. this is dateline. >> a beautiful woman at the heart of a generation old mystery. >> i can still hear them crying. >> a young mom, torn between her photographer husband, and your photographer lover found dead in her own home. >> there was blood everywhere. >> but, it would take years before dna science could advance enough to unlock the clues inside it. >> there's a story to tell. >> then there was this diary. it