details. that was the worst day of my life that i found out about my mom. >> a loving couple. a romantic hike. a secluded spot. >> she was turning to look at the bird. it's like her feet just went out from under her. >> all of a sudden i hear yelling coming from downstream. there was mrs. muller floating face up. >> a wife falling to her death. her husband falling apart. >> he was panicking and shaking. crying. >> the evidence at the scene makes you believe something entirely different happened. >> he told me she fell 20 feet. where were the injuries? why did i not see what i expected to see? >> a search for truth in the woods and water. >> if your theory is right, it is. loo like she was being hunted. >> almost like a hare and a wolf. >> two chilling accounts of what happened to the mom they adored. one seemingly unsolve able mystery. >> you either believe crazy story a or crazy story b. both stories are crazy. which one do you want to go with? winding down a mountain in southwest colorado, waterfalls spill over granite. and sunlight filtered through aspens and evergreens. cottonwood creek. an only in the west sort of backdrop. what a spot to preserve a memory. careful though, this is wilderness. the dangerous kind. >> she's in the river. >> reporter: the frigid currents can take a life and maybe sweep away secrets. >> where is the perfect place to commit a murder where nobody would see you? >> if you go into it looking for trouble, you will find it. >> reporter: and up in the mountains, sometimes questions are left behind. >> i don't have an explanation. but it haunts me. >> reporter: the story begins with those pictures. together, they form a couple. husband and wife. leslie and fred mueller. married almost 27 years. >> they were always super affectionate. they acted like two high school kids that had just started dating. all over each other. >> it was like ew. >> reporter: these are the mueller's three children. they were brought up in texas near the town of san angelo. but for fun, the family headed out to their second home in lake city, colorado. those photos of their parents were taken nearby. >> they both loved the cabin and going up to colorado. >> it was so pretty. it was in a valley. you would look and it looked like a postcard. mountains. >> there was a river running right near there. >> reporter: their rockies get away was a family place to escape. >> what was it like? >> we would go there summers. hiking and horse back riding and hang out as a family. >> was there a lot of family bonding? >> definitely. we had a lot of fun. board games, going out hiking an doing all these different activities together. >> reporter: in texas, leslie had an obgyn practice and worked long hours delivering babies. >> she was the area's first female obgyn. >> she was. she was very much a pioneer in that sense. >> she was very strong willed. a feminist in a way she was all about i can do anything that any man can do and i can do it better. >> reporter: in 2004, leslie decided to make a change in her life. she retired from medicine and devoted her time to the church. she even studied theology, but most of all, leslie loved the outdoors, especially riding horses. >> i think if she had her choice, she would be riding horses every day. she was a super woman. >> reporter: their mom embraced adventure. >> one time mom and i went. just the two of us. i hadn't been horse back riding for a while. i didn't want to go five or six miles. she said i found a trail that is eight miles and by the time it ended it was 16 miles. we had such a wonderful time but the next day i was not moving. >> reporter: as for fred, he owned a multimillion dollar company importing steel for construction. but their dad was not all business all the time. >> in the traditionally motherly roles he wasn't afraid to be mr. mom. >> reporter: the mueller kids said their parents fit one another perfectly. >> you make a point of every night, to try to do something nice for her. >> he was so proud of her. they talked all the time. any type there was a disagreement about the dishes weren't done. they would talk about it until they were completely resolved and the next second, they would be all over each other and perfectly happy again. >> reporter: it was a happy weekend at the mueller's colorado cabin. may 3rd, 2008. now that leslie was no longer working she was spending more time up here. that saturday, the spring day was sunny. the high altitude air still chilled. morning began with chores. >> i think we were unloading some hay. doing stuff like that around the house. >> so was this a typical weekend in colorado? >> yeah. >> it was just alex, then, 14, up with his parents on this trip. >> reporter: that afternoon the three went to mass in town. later after a snack, his parents suggested they cap off the day with a hike to photograph some stunning waterfalls nearby. >> i was pretty wiped out by that time. i just kind of wanted to hang out in the cabin and just read a book or something like that. so i turned them down. ongoing for the hike. >> reporter: fred and leslie headed off with her dog gracie, a border collie pup. >> i think she was only six months old. >> rambunctious? >> for sure. she's the type of dog that when the ceiling fan would be going, she would try to jump up and follow it around. >> reporter: fred and leslie parked at the base of the trail. snow still covered the ground in patches. they hiked up past a series of waterfalls, up until they found the perfect spot for pictures. they had arrived at cottonwood creek. fred struck a pose first, next, leslie's turn. one more of fred. big smile. and then, leslie again. this time, with her beloved gracie. then, something went wrong. >> it's like it happened in slow motion in front of me. >> reporter: in an instant, leslie was gone. >> at the waterfall. she's in the river. >> reporter: what happened at cottonwood creek? coming up. >> is she dead? too soon to know. >> reporter: the hunt for answers would start with a frantic search. >> at the waterfall, she fell and they can't find her. >> his wife? >> yeah. >> reporter: where was leslie mueller? and did she survive? >> all of a sudden i hear yelling and yelling is coming from downstream. >> reporter: when dateline continues. orter: when dateline continues. with dupixent, show off your clearer skin and less itch. because you have plenty of reasons to show off your skin. with dupixent, the number one prescribed biologic by dermatologists and allergists, you can stay ahead of your eczema. it helps block a key source of inflammation inside the body that can cause eczema to help heal your skin from within. many adults saw 90% clearer skin. some even achieved long—lasting clearer skin and fast itch relief after first dose. serious allergic reactions can occur that can be severe. tell your doctor about new or worsening eye problems such as eye pain or vision changes including blurred vision, joint aches and pain, or a parasitic infection. don't change or stop asthma medicines without talking to your doctor. ♪♪ show off to the world. ask your eczema specialist about dupixent. only purple's gel flex grid passes the raw egg test. no other mattress cradles your body and simultaneously supports your spine. ask your eczema specialist memory foam doesn't come close. get your best sleep guaranteed. save up to $800 during our memorial day sale. visit purple.com or a store near you alex mueller was alone at his family's vacation cabin in colorado. alex mueller was alone at his family's vacation cabin in colorado. his sisters weren't on this weekend trip. and that saturday afternoon, his parents went out for a hike without him. >> do you remember the last words you sated to your mom as she was leaving the cabin? >> see you later. >> just a normal of course i'm going to see my mom in an hour. >> exactly. not nothing really memorable. >> and so then, there is a whole period of time they are gone. what's the next thing you remember? >> so, reading, kind of hanging around. i think the first time i noticed, it was getting a little late. dark. no one should be hiking when it is dark. >> reporter: alex had no inkling of the tragedy unfolding at cottonwood creek. it started right after his dad took this picture of his mother leslie. leslie and gracie posed here. you can see it is a stunning setting. but just about an arm's length behind me is a cliff. a steep drop off to the granite below. and the icy cold waters of cottonwood creek. right after fred snapped the picture, leslie fell and was swept away in the water. unable to find her, fred raced for help. driving more than a mile to the nearest house. >> somebody just showed up at my house. >> reporter: with no cell service at the creek, the owner of the house, justin sparks, was the first to call 911. >> he told us she's in the river. she fell and they can't find her. he is frantic, of course. >> his wife? >> yes. >> reporter: the homeowner offered right away to help fred. they sped back up the mountain and fred dropped him off at a spot to begin searching. just down the road, physicians assistant and ems volunteer michael was on duty. >> a call went out over the radio for a female drowning victim. >> reporter: he headed over to the base of the trail. there, he ran into fred. >> he comes barreling down at a very high rate of speed. slams on his brakes. slams let's go, let's go. >> reporter: the ems responder noted this man could also be injured. fred's face was scratched up. >> he has superficial lacerations. i take a minute to make sure this is not my second victim. to make sure he is okay. he ensures me he is fine. >> reporter: as fred drove, he seemed disoriented. he pulled over. but he couldn't seem to find where leslie fell. >> i start to unload from the jeep. we get back in the jeep. upstream or uphill. >> reporter: after another stop, they found the right place and hiked toward the creek. >> all of a sudden i hear yelling. coming from downstream. >> reporter: it is the homeowner justice sparks. michael took off toward him. >> there was mrs. mueller dressed in a lime green jacket floating face up. he found her. i believe he used the word pinned under the log and face down. >> reporter: leslie had no pulse. but he thought there was still hope she would be revived. fred had caught up, towering over them from the creek embankment. >> he says is she dead? i tell him it is too soon to know. >> reporter: he sent fred back down the road to look for more help. by then, a small village of first responders had assembled at the start of the trail. among them, deputy casey. >> we had officers responding. the ems personnel. fire personnel coming with the fire trucks. >> reporter: dispatch put a call into local sheriff ron bruce. >> we had gotten a report of a drowning. they said they would keep you advised. >> reporter: a group of medical responders went up to the creek to help. but still, no heartbeat. not a breath from leslie and it was clear, she was gone. >> we were not going to be able to bring ms. mueller back. >> reporter: at the cabin, alex was wondering why his parents weren't back yet. their hike was only supposed to last an hour or so but they had been gone three hours. >> were you worried? >> not really worried as in something happened to them. it was weird they would stay out past dark. >> reporter: it was past 8:00 p.m. when his dad got home. without his mom. >> it is my dad. and, the deputy. and they come in. it is kind of a shock to see when you are expecting somebody. you see strangers coming in, instead. >> what do you think when you see that? >> not a whole lot of time. you go into shutdown mode. >> reporter: alex recalled husband dad seemed like he was in shock. >> he was very disheveled. had been crying a lot. and he gave me a big hug. and that was how it broke. >> i can't imagine getting that news when you just thought your parents were going for a quick hike. >> disbelief really. the whole thing seemed so surreal. >> reporter: then father and son were shuttled to the sheriff's department where fred could file a report about the accident. >> i remember them saying you take fred and i'll take alex. >> reporter: sheriff bruce was at the station to meet them. >> my initial reaction to fred was he was a victim. a grieving husband. >> reporter: fred gave a brief handwritten statement. >> we want to make sure we have dotted the is and crossed the ts . we are dealing with the death of a woman. >> reporter: then fred and alex headed back to the empty cabin and the home that had been full of such happy memories. they endured the longest night of their lives. >> we stayed together in the same night. >> did your dad sleep? >> it was a long night. >> reporter: they had no idea it was just the first sleepless night in what would become the longest ordeal of their lives. coming up. >> we started taking photos. took a few of me. >> reporter: fred gives investigators a detailed account of what happened to leslie. >> it looked to me like she just did a swan dive. and lands on the rocks. right by the water. >> reporter: and he is very clear on who is to blame. >> it was that dog tangled up in her legs is what i think it was. >> reporter: what would police think of that? when dateline continues. think of that? when dateline continues. then i found a chance to let in the lyte.” discover caplyta. unlike some medicines that only treat bipolar i, caplyta is proven to deliver significant symptom relief from both bipolar i & ii depression. and in clinical trials, movement disorders and weight gain were not common. caplyta can cause serious side effects. call your doctor about sudden mood changes, behaviors, or suicidal thoughts right away. anti-depressants may increase these risks in young adults. elderly dementia patients have increased risk of death or stroke. caplyta is not approved for dementia-related psychosis. report fever, confusion, or stiff muscles, which may be life threatening, or uncontrolled muscle movements which may be permanent. common side effects include sleepiness, dizziness, nausea, and dry mouth. these aren't all the side effects. in the darkness of bipolar i & ii depression, caplyta can help you let in the lyte. ask your doctor about caplyta. find savings and support at caplyta.com. only purple's gel flex grid passes the raw egg test. no other mattress cradles your body and simultaneously supports your spine. ask your doctor about caplyta. memory foam doesn't come close. get your best sleep guaranteed. save up to $800 during our memorial day sale. visit purple.com or a store near you ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. it's hard to run a business on your own. make it easier on yourself. with shopify, you can have your inventory, payments, and customers in sync across all the places you sell. start your journey with a free trial today. fred and leslie mueller's daughters, amanda and ariel, were hundreds of miles away from colorado when it happened. their dad had to break the terrible news to them by phone. he said, i'm so sorry. i'm so sorry. and i said, what happened? and he said, we were hiking. i was trying to take her picture. she fell. and i remember saying, but she's going to be ok? and he said, no, she's dead. and i kind of lost it. i started crying terribly. and he said, i'm so, so sorry, mandy. what did your dad say to you when you got him on the phone? i don't even think i asked him what happened because you don't want to hear details. i mean, i could easily say that was the worst day in my life >> thati don't think i asked hi what happened. you don't want to hear details. i could easily say it was the worst day of the life i found out about my mom. and, the only detail that matters is she was gone. >> reporter: the tragic details, however, were the business of hensdale county sheriff ron bruce. he and his small office had the huge job of patrolling more than 1100 square miles of potentially dangerous wilderness and wildlife. >> should they have not gone to that area? >> no. it was perfectly fine. i think he related it was something of an idyllic day. >> reporter: the day after leslie died, sheriff bruce stopped by the mueller's cabin to get a more precise account of what happened. bruce's undersheriff and a state investigator talked to fred. >> you know, shouldn't have ian taken her up there. it's all my fault. >> reporter: the conversation at the mueller's kitchen table was recorded. >> we started taking photos. she took a few of me. i took a few of her. >> reporter: fred described how that kodak moment went wrong. >> i suggested she take a picture with her dog. it's a border collie. extremely skittish dog. she looks at me and i take her picture and we think everything is cool. and, i think like a bird kind of flutters by. >> reporter: fred says the rambunctious border collie got startled. >> the dog just jumps out as she is turning, it's like her feet went out from under her. like it happened in slow motion in front of me. she falls forward and i remember lunging forward to try to get to her but i was probe seven feet from her. >> reporter: fred says he witnessed leslie free fall. >> it looked to me like she just did a swan dive and lands on the rocks right by the water. just like head and shoulders. and, and just just crumples and slides like mush into the channel. i should have just jumped in. >> reporter: fred said he lost sight of leslie in the water so he ran down toe where he thought the current would take her. said he got scratched up as he stumbled up and down the embankment. >> i must have tripped, i don't know. a few times. i'm sure i hit something coming down a few times. >> reporter: he told how he had left the camera with the last images of his wife behind. >> i imagined i just dropped it while i was screaming. >> reporter: unable to locate leslie, he abandoned his search of the creek bed and made the decision to go for help. >> hauled butt down to justice's house. i'm honking and screaming at him. i think my wife is dead. >> reporter: after listening to fred's story, the sheriff wanted to go up to the site of the accident. >> you take fred back up to the mountain? >> yes, we did a walk through on the scene. >> reporter: up at the scene, fred repeated how the dog seemed to cause leslie's fall. >> it was that dog tangled up in her legs is what i think it was. >> reporter: gracie ran off into the woods right after the accident. a member of the sheriff's department found her and took her back to his house. >> everything changed that day. >> reporter: changed forever. in ways the kids could not in their immediate grief begin to grasp. that is because while their father was on that mountain talking to authorities, seeds of doubt were being planted. right in the landscape around cottonwood creek. coming up. one of those seats found near the ledge where leslie spent her last moments. >> all the alarm bells were going off. even to this day it gives me the chills. >> reporter: and a family worries about their grieving father. >> you just didn't know if he was going to do something crazy or ever get over this and be able to move on. >> reporter: when dateline continues. >> reporter: when dateline continues. ime. i hear that. that's why we protect all your vehicles here. but hey...nothing wrong with sticking it to the boss. ooooh, flo, you gonna take that? 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(♪♪) how long have you been tracking the value of our car? helps deliver tshould we sell it? we hold... our low mileage is paying off. you think we should... hold... hoooold!!! hooold! now!!!! i'm on it. i'm, on it. already sold to carvana. go to carvana and track your car's value today. i'm jessica layton with the hours top stories. israel has proposed a three- part plan to end the war in gaza. now, if accepted, the proposed plan would begin with six weeks of a complete cease fire. and then, the release of women and children hostages. less than 24 hours after donald trump was found guilty of 34 felony counts, the former president railed against his conviction and the justice system. he also referenced several of the cases' witnesses, potentially violating the gag order against him. and now back to dateline. >> reporter: fred mueller spent the day after his wife's death talking with investigators about the accident on cottonwood creek. the next day, he and his son alex flew home to texas ferried by a friend in a private plane. >> you never think it could happen to you. >> reporter: there, fred and alex were reunited with amanda and ariel, alex's older sisters. >> you hear horrible stories and feel for these people. it was surreal we were now that family. just trying to get through it. >> reporter: so many came to pay their respects. but mourning took its toll. >> i would hold myself together in front of people or visit. i would go in the other room to cry and break down. it is just saving face. >> reporter: leslie, the horse lover, was buried on the texas ranch where she grew up riding. >> when the blur was over and you finally had time to process what had happened, what did you think about with your mom and your future? >> i was angry. i was really looking forward to being pregnant and calling my obgyn mom any time i had any kind of odd thing happen. >> two weeks before my graduation, it was a week before my prom. all these big things that are not the biggest things in the world, but just things your mom should be there for. seeing us grow up. >> reporter: the kids were not just grieving their own loss, they felt their father's too. >> i had never seen him so sad. you didn't know if he was going to do something crazy or ever get over this and move on. >> reporter: up in colorado, sheriff bruce wasn't moving on either. he still had questions about the accident and fred's story. he sent deputy justin casey up to cottonwood creek to document the site. casey brought his brother with him. they snapped photos and shot video along the way. >> we started below where mrs. mueller's body was found and took photographs below as we progressed upstream. >> reporter: as the casey brothers moved up the creek, they noticed that the creek's flow didn't seem very strong. >> it didn't push us around as we were walking. we were careful with our footing in the sense that there are slippery rocks underneath the water but it wasn't hard to go against the current. >> reporter: the deputy couldn't help but wonder, how had leslie's body floated so far? >> the water is coming down but it is not a raging river. it is not fast moving. >> reporter: deputy casey reported back to sheriff bruce who by that time had talked to the couple who lived by the trail and had helped fred in those first frantic moments. what they said cast a new light on that story. >> a little tickling at the back of their neck gave them red flags. >> reporter: they said fred was frantic one minute, and seemed calm the next. >> they said the vibes were all wrong from him. they became very uncomfortable. >> did they in hindsight think back? or was it right then? >> they were immediately concerned. thatsomething was amiss. >> reporter: it was the husband, justin, who found leslie's body in the creek, but he told the sheriff fred had sent him down to search too far downstream. >> he drove up a short ways. he said he was sure that his wife's body was somewhere in that area. >> was it possible that fred was disoriented? it is a tough area to navigate. >> it's possible. >> reporter: he got a strange vibe and the next day when they went back up to cottonwood creek. >> his emotions seemed extremely flat and rehearsed. >> is that fair, though, with everyone being different in this world, and everyone reacting differently to tragedy? was it fair for you to judge him based on how you think he should be acting. >> i don't know if it is fair, but in my business, it's realistic. you have to look at all angles of an event and make sure that you are uncovering everything that is there. >> reporter: on a ledge, investigators found fred's camera and the photos of leslie's last moments alive. as he stared at leslie, the vibrant wife and mother, sheriff bruce's gut told him to keep looking. >> the vibes were all wrong. a little bit gives me the chills. coming up, vibes are one thing, but investigators thought they also had evidence that fred wasn't telling the truth. >> he told me she fell 20 feet. where was the trauma? the injuries? >> no broken bones. any substantial abrasions or contusions. >> reporter: what really happened to leslie that day? when dateline continues. that ? when dateline continues. but shingrix protects. only shingrix is proven over 90% effective. shingrix is a vaccine used to prevent shingles in adults 50 years and older. shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. an increased risk of guillain-barré syndrome was observed after getting shingrix. fainting can also happen. the most common side effects are pain, redness, and swelling at the injection site, muscle pain, tiredness, headache, shivering, fever, and upset stomach. ask your doctor or pharmacist about shingrix today. for the folks charged with keeping the woods and waters shivering, fever, and upset stomach. around cottonwood creek safe, leslie mueller's drowning was >> reporter: for the folks charged with keeping the woods and waters around cottonwood creek safe, leslie mueller's drowning was a tragedy, but also a mystery. >> i put myself in fred's shoes and they didn't fit. >> reporter: sheriff ron bruce had thought fred's demeanor the day leslie died was unusual. fred, to him, showed a lack of emotion. but what really spoke volumes to the sheriff and his team was something they knew well. the terrain around cottonwood creek. as fred told them, leslie did a swan dive from up there, landing on her head and shoulders on this rock. then, she slid into the water. a horrible accident. but to local law enforcement something seemed off. the first trained rescuer on the scene noticed at first what appeared to be a major inconsistency in that story. after such a treacherous fall, leslie's body didn't look at all injured. >> he told me she fell 20 feet. where was the trauma? where were the injuries? why did i not see what i expected to see? >> reporter: one look at the dropoff and sheriff bruce was asking the same thing. >> there were no broken bones. any substantial abrasions or contusions. they simply weren't there. >> every accident is different. every fall is different. is it possible she just fell in a certain way? didn't produce those injuries you were looking for? >> no. if she handed head first, she would have had head injuries, facial fractures. spinal trauma. none of that was present. >> reporter: so sheriff bruce made a quick conclusion. no injuries meant no fall. we went back to the sheriff in may of 2014. >> we got a late snowstorm this year. >> reporter: a spring storm had just blanketed the woods and rocks. >> i have to say, i'm honestly nervous just standing here. this is very steep. >> it's a sheer dropoff. >> reporter: it was up here where they had posed for pictures that sheriff bruce showed me what he thought were key pieces to their puzzle. >> the evidence here at the scene makes us believe that something entirely different happened. >> reporter: they found tramples bushes, what they thought looked like scuff marks and a pair of broken glasses that turned out to be fred's. >> there was evidence of a struggle where fred's mangled glasses were found. >> reporter: sheriff bruce formed a theory that after snapping the photos, they got into a physical fight. >> we think at that point, i think anyway, that she was able to break free of his grasp at that point. and she ran back this way and down parallelling this path that goes down and eventually meets up with the stream. >> you think he chased after her? >> i think he parallelled her down that road until he got to the point where he could easily intercept her. and she is going down by the stream. >> if your theory is right, that is almost like she was being hunted. >> almost like a hare and a wolf. >> reporter: according to bruce's theory, fred chased his wife into the shallow pool where she was found. >> that is where he held her underwater and drowned her. >> reporter: bruce admits investigators lacked evidence to back up that scenario. >> what about footprints? >> by that time, we had investigators and it had been tracked up pretty good. >> so the evidence was ruined if there was. >> right. >> reporter: sheriff and agents worked together investigating what they now thought was a homicide. they went down to where the muellers lived to poke around in fred's life. but they couldn't find anyone to say anything bad about him. >> we found that the interviews were largely unproductive. >> you were hitting walls. >> in wall, texas. an outlying community outside of san angelo. a closed community. >> reporter: inside that community, none of leslie's friends or family doubted fred and couldn't understand why folks up in colorado were asking questions. >> people love dad. that is why he had an immense amount of support. >> reporter: and then, ten months after leslie's death, fred mueller got an invitation from the cbi. an agent wanted fred to come back up to colorado for a talk. >> you mention oh yeah, i'm going up to colorado. they wanted me back. he is just saying i don't know what they are doing either but it is just, we got to cooperate. they're doing their job. let's get past it so we can move on. >> i just wanted to first, fred, thank you for coming. >> you're welcome. >> reporter: again, he shared his recollections about that day at the vacation home. >> it was a beautiful day. and it went to hell. there are so many things i wish i had done differently. >> reporter: again, described what happened to leslie after she posed for that last photo. >> she was flailing in the air. screaming. and i was screaming and she hit. and never made identity peep. >> reporter: if fred's account of the accident was the same, the tone of this interview was different. the cbi agent made it clear they didn't believe his story. >> and you know i want to take this opportunity to ask you. >> reporter: they questioned fred about the broken glasses found at the scene. >> i was just going to say it. i think you two had an argument by this bush. >> no, ma'am. no, ma'am. my wife and i did not have an argument anywhere that day. that was the best day of our lives until that accident. >> reporter: the best day of their live ins the agent clearly suspected there had been trouble in the mueller's marriage. a suggestion fred coolly dismissed. >> so i can see after 27 years, the two of you grow apart. >> i think we made a hell of a good pair. >> and you don't know how to deal with naloxone. >> or, or, one could say that after 27 years, we were looking forward to retirement. >> reporter: and fred insisted on the day she died, he found her more attractive than ever. >> she was beautiful. and i would tell her that. she became more beautiful from being already beautiful. we had a very active sex life. and we got along great. and if y'all did a good autopsy, you would know that. you would know that. >> what are you trying to tell me? >> that we made love that morning. >> reporter: but even as the seemingly confident fred grew clearly irritated, the agent wasn't deterred. what about the scratches on his face the day leslie died? >> so these vertical scratches you got from bushes? >> bushes or the ground, or running down this hill falling a few times. it had today have been from some of that. there is no other explanation. that is factual. >> there was no altercation. >> no, ma'am. no, ma'am. look at her fingernails if you think there is something in her nails missing off my face. it didn't happen. there was no altercation. write it down. none. >> reporter: for now, it seemed that was all the agents could do. document fred's story and let him leave. >> i'm sorry to be crude. >> time is 11:23. i'm turning off the recorder. >> reporter: investigators have their theories but did they have a case? fred went home to texas where his family thought that would be the end of it. >> his entire philosophy through all of this was it was an accident. i'm telling the truth. >> he wanted to help them see that. >> reporter: but investigators hadn't seen that. not at all. if fred couldn't answer their questions. they would head back to cottonwood creek and hope the water could. coming up, fred has always said that water carried leslie away. to here. where her body was found. now, investigators put that story to the test. >> we had to go back and try to duplicate the water flow as it was on the evening of the event. they said there was no way that her body would have ended up under that log unless it had been placed there. >> when dateline continues. d t. >> when dateline continues. ♪you're the one that i want!♪ nexgard® plus helps you protect your dog from fleas, ticks, heartworm disease and more... all in one delicious, monthly soft chew. use with caution in dogs with a history of seizures or neurologic disorders. nexgard® plus. the one you want for one-and-done protection. everybody wants super straight, super white teeth. they want that hollywood white smile. new sensodyne clinical white provides 2 shades whiter teeth and 24/7 sensitivity protection. i think it's a great product. it's going to help a lot of patients. you can feel it, when your dream becomes a pursuit. and with vitiligo, the pursuit for your pigment is no exception. it's time you had a proven choice to help restore what's yours. opzelura is the first and only fda-approved prescription treatment for nonsegmental vitiligo. proven to help repigment skin over time. restoring what's yours. it's possible with a steroid-free cream that you can apply yourself. opzelura can lower your ability to fight infections including tb or hepatitis b or c. serious lung infections, skin cancer, blood clots, and low blood cell counts occurred with opzelura. in people taking jak inhibitors, serious infections, increased risk of death, lymphoma, other cancers, and major cardiovascular events have occurred. the most common side effects were acne and itching where applied. repigmentation is possible. ask your dermatologist today about starting or refilling opzelura. pursue it. about starting ortime went by, andra. the muellers didn't hear anything from the colorado investigators. >> reporter: time went by and the muellers didn't hear anything from the colorado investigators. the kids assumed the sheriff and his team had finally decided to believe their dad, too. >> we didn't hear for them three years after that. i guess they finished up their paperwork or whatever they needed to do and it was over. >> reporter: it wasn't over. in fact, after fred's interview with the cbi, investigators kept working. what drove them was their theory about a possible struggle. and that curious lack of injuries on leslie's body. the sheriff knew they needed more. and he put that photo of leslie behind his desk. >> she was my constant reminder. that photo was the nudge that kept me going on this case. >> reporter: investigators decided to zero in on one aspect of fred's story. was it really possible for leslie's body to float from where he said she fell to where she was found 150 feet and three waterfalls downstream? >> when we brought in the really topnotch water flow experts, we had to go back and try to duplicate the water flow as it was on the evening of the event. >> reporter: in august of 2009, 15 months after leslie died, investigators headed up to cottonwood creek. they dressed a woman around leslie's size in similar clothing and positioned the female stand-in on the rock ledge. >> they tried to float her from that location. the water did barely touched her body. >> reporter: so investigators put her in the water to see what would happen. >> she was then moved into the very center of that stream. and, it wouldn't budge her. >> reporter: finally, they went down to the pool where leslie was found. >> they then put her in a wet suit which gives her buoyancy. >> reporter: she was able to float. but unassisted she had a hard time making it all the way to the log where leslie's body had been pinned. this meant something big to the investigators. >> so it belied what he told us about this raging torrent tearing her away from his view. >> reporter: they tried it all again with a mannequin. and again. what they saw did not match what fred recalled in the deeper pools, the mannequin sank. and it got stuck at the falls. >> each time she had to be physically moved over the lip of those waterfalls. the stream would not move her. >> did you feel like because this case was hard enough as it was, that this testing had to be just as perfect as it could be? >> of course. with no witnesses we are dealing strictly with circumstantial evidence. that is often enough to get you a conviction. but we knew we had to have a lot of it. >> reporter: to investigators, these tests confirmed their suspicions. to them, fred's story of leslie's accident was impossible. >> they said there was no way her body could have ended up under that log unless it had been placed there. that the forces of nature would not have put her under there. >> reporter: but were these tests enough to make a full- fledged criminal case? the first person they would have to convince was the local district attorney. >> he was quickly brought on board as to what we were investigating. >> reporter: it turned out to be a hard sell. >> for whatever reason, we could never pique his interest. he never said no. but i didn't find the enthusiasm. >> reporter: even after those tasks, the da wasn't ready to press charges. months went by. then a year. leslie's picture was still there right behind sheriff bruce's desk. the investigators were not about to shelve their case. >> were the wheeling turning? >> there were things yet to be done. but the months did run on. >> reporter: all this time, fred was a free man in texas. >> his business ventures were moving on. at home, we were all saying fred mueller believes he got away with murder. >> reporter: but sheriff bruce says fred mueller might have underestimated the hensdale county sheriff's department. >> that's what he thought. he was going to get a bumbling buffoon to show up and he was going to walk away on this. >> what do you say to someone who says you are a small town sheriff with tunnel vision who focused on this rich outsider and just like a dog with a bone would not let go? >> i would say they are wrong. i have thick skin. we did the right thing. >> reporter: they kept working and testing and poking around. not sure if it would ever amount to anything. as the years moved on, investigators were continuing to build a case against fred. though his children were one aware their father was under such intense suspicion. they were trying hard to remember the happy moments with their mother and put the colorado tragedy behind them. >> what became of the cabin that held so many memories for all of you? >> i think after the accident, it wasn't going to be a happy place for us anymore. so dad decided to sell the place. shortly after mom died. >> i would imagine that whole area is just kind of bittersweet now. >> yeah. unfortunately. it's a beautiful area. just not for us. >> reporter: for the mueller children, life seemed to be stabilizing. amanda was settling in with her husband. ariel was in college, and alex, a high school student, was dreaming of a career in the navy. but his dad was having a harder time of it. >> he married mom when he was 18 or 19. he depended so much on my mother. now to be cast adrift. >> reporter: eventually, fred's counselors and friends suggested he was ready to meet someone new. >> he finally start getting back on his feet. started thinking about moving on and he met wendy. >> reporter: wendy and fred were introduced through old family friends. >> she came into a very tough situation, but also, she brought my dad out of a very dark place. she saved his life essentially. because he was so depressed. >> reporter: after two years as a widower, fred married wendy. >> she was really great and understanding and helped him move forward. >> reporter: a fresh start. such a long way from fred's tough grilling in colorado. he had good reason to think it was all over. >> there were times where we were real frustrated. when they say the wheels of justice turn slowly, we felt like they were turning too slow this time. >> all the while as the years were passing, you were looking at leslie's photo in your office every day. >> yes i am. >> is that keeping you going? focused? >> absolutely. >> reporter: then, in 2011, two- and-a-half years after leslie's death. a new da took office and the sheriff lobbied him to take action. >> we were able to get 30 minutes of his time and say here is what we are looking at. here is what we think occurred. he said let's go. >> reporter: the da assembled a team to look into the case. matthew durkan, a colorado attorney general came on board. he was on loan from the boulder county da. >> what was your impression? >> a tough case. >> reporter: they combed through the case file. fred's statements. leslie's autopsy and all the tests conducted at the creek. >> this location was a breathtakingly beautiful place in the middle of nowhere. it was the perfect place to commit a murder where nobody would see you. coming up, authorities take a close look at the scene. >> the defendant's story did not match up. >> reporter: and for the mueller kids, a shock. >> i was just like, why? and they said oh, we can't tell you that. >> reporter: a new chapter opens. but nothing in this case will go the way anyone think it is. when dateline continues. . i'm craig melvin. and i'm natalie morales. and this is "dateline." was happily remarried and running his successful business in texas. but up in lake city, colorado, there was a new da, and he assembled a team to look into the mysterious death of mueller's first wife, leslie. they began to see what the sheriff had suspected from the start. the defendant's story did not match up with the landscape, treatment they begin to see what the sheriff had suspected from the start. >> the defendant's story did not match up with the landscape at the scene, and all the other evidence that the colorado bureau of investigation was able to develop your >> at what point did finally all of you say, we've got enough, let's go get him? >> i feel like it was when we had tested this thing to death, yet everything we could possibly put together to take to the jury. >> february 6, 2012, just over 3 1/2 years since lesley mueller died, a monday, fred was at his office when a texas ranger showed up with an arrest warrant in hand. sheriff morgan bruce from colorado stood a few feet away peers >> he looked at us almost in shock and said, i can't believe you people are taking this serious. >> how was that for you to finally make that arrest? speak like it felt great. it felt great. at that point, i said, lesley, we are going to make this right. >> alex was in school when he was suddenly pulled out of class. there are some texas rangers here, and i asked, what is going on, why are you really here? your father has been arrested. i was like oh why? they said, we can't tell you that. i said, it took you four years, what exactly are you doing what they said, we just can't tell you that. >> did you ever think for one second that there must be something, he must have done something for him to be arrested to be going through this? >> we never doubted his story. we never doubted it. we never thought he would do anything wrong or anything to hurt mom, ever. that is something i could not fathom, because he would have never done anything like that. >> the kids believed the authorities had it in for their dad and trumped of things like how the fact their father had no emotion after her death peers >> he showed no emotion, he was not crying. >> remember, only alex was in colorado at the time and thinking back, he got angry about the way he and his dad were treated peers >> they separated us, like you would if you were criminals. >> to the kids, it all pointed to a rush to judgment that turned into an obsession. >> going looking for trouble, you will find its peers >> we were all as a family were never informed of what they were doing at cottonwood creek, that they were paying for experts, doing all kinds of tests on the water and things like that. this was a closely guarded secret they felt they should share with him were the family, or the victim, my mother. >> fred mueller's spent the next year in jail in colorado. >> he sank into a deep depression right after mom died and kind of sank back into it while sitting in jail. >> and he was completely cut off from his family for a year. >> the kids were eager for their dad to take on his accusers. roger siegel was a part of fred's legal team peers >> after reading through the evidence, what were your first thoughts? >> bye was this guy arrested for murder? it was the question from the very beginning, what evidence do they really have? >> he would soon find out in court, more than four years after leslie trialed in cottonwood creek me fred mueller would stand trial for murder. coming up, the prosecution challenges fred's entire story, including stunningly the one thing that never seemed in doubt, his rocksolid marriage. >> fred was telling people that in fact the marriage had gone stale and that he did have a wandering eye. >> went "dateline" continues . . e used to prevent shingles in adults 50 years and older. shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. an increased risk of guillain-barré syndrome was observed after getting shingrix. fainting can also happen. the most common side effects are pain, redness, and swelling at the injection site, muscle pain, tiredness, headache, shivering, fever, and upset stomach. ask your doctor or pharmacist about shingrix today. what can you do with sensitive skin? 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>> yes, definitely. i want to see why they put us all through this. what do they think they have? >> is the trial got underway that frigid january 2013, inside the courtroom, the prosecution felt an icy chill. normally, when you walk into a courtroom during a murder trial, it is very divided. i walked into that courtroom and everybody was on fred's side, leslie's family including. was that daunting to you at all? >> i would not say daunting. it was certainly unique. we had to stay focused on what we needed to do. we believed that the defendant was responsible for his wife's murder. >> it would all come down to two complete different versions of what happened here. fred's story, leslie accidentally went over this cliff and was swept by the current, or the prosecution's, that fred was lying to cover up leslie's murder.>> the prosecution began its case with testimony about fred's behavior that day. they called jennifer sparks, whose house fred drove to me looking for help. >> did you observe him becoming emotional at any time? >> no. >> she told the jury fred's lack of emotion concerned her. >> what conversation did you have with your husband at that time? >> i told him, something's not right, be careful. >> her husband, justin, testified that fred's demeanor seemed staged as they drove together to look for leslie. >> just it sounded like somebody was crying, but he acted like he was very upset, and a few seconds later, he would act like we were buddies driving down the road in a car. >> the prosecution had hoped to bring the jury to cottonwood creek, but in january, the terrain was virtually impassable with snow and ice. it was up to prosecutors to set the scene and share why they thought fred's story defied common sense and science. >> injuries are going to tell you a story that leslie mueller was drowned by her husband . >> prosecutors called michael golda, the first trained rescuer on the scene peers >> i'm asking, what happened? tell me what happened. and he relates that she apparently had fallen off the waterfall. >> fred told golda the same thing he told investigators. he watched leslie swan dive off a cliff, hitting granite before sliding into the water. >> all of a sudden, i was struck with the fact that there was no trauma. there was no deformities, there was no blood. >> even leslie's clothing seemed unscathed. >> did you notice any markings, tears, scrapes on the jacket, or the cold? >> there was none. it was remarkably pristine. >> the pathologist who performed leslie's autopsy was also surprised by the lack of injuries to her body. >> did you observe any injuries to mrs. mueller that were consistent with breaking a fall? >> no, i did not. >> did you observe any consistent with falling on her head and shoulders off a cliff on the granite as described to you? >> no. >> and what is more, investigators found no forensic evidence that leslie ever hit the rock peers >> there were no fibers on this rock. there is no blood on this rock. there is no hairlines on this rock peers >> this is very unique case in the sense that there is a lack of evidence, there is no evidence peers >> that is the tough part of the case. what we have is the evidence that what the defendant says is impossible. >> and he was the heart of the prosecution's case, those tests investigators conducted at the creek me tests they said, proved fred's story was a lie. they showed the jury a video of those tests, pointing out in one , how the female stand-in was not swept downstream, and in another, the manikin was not lost over the waterfall, and eventually sank to the bottom . >> are you seeing any sliding of the manikin into the water? >> no. >> washing or bruising? >> no. >> the prosecution was blunt here to her, the story was pure fiction. >> there was nothing in that environment, or otherwise, that could've gotten her to the top. a human being had to physically put the body in that position. >> so what really happened? in court, the prosecution could only hint at the dramatic story the sheriff told us, his theory of a struggle, a chase, and a drowning. there were no witnesses for any of that, so it never was actually presented as evidence but an investigator who searched the area where is fred said leslie fail, did testify about finding fred's broken glasses . >> this site was broken, the left-hand side, sticking in the dirt. >> did you see anything in the ground? >> four foot from the glasses, there were what appeared to be scuff marks, as if someone had slipped and had moved the dirt. >> and on the stand, this witness, the corner. >> those where the gloves leslie was wearing . >> trying to connect the scratches on fred's face to the bumps or ovens on leslie's gloves . >> to me, those plastic numbers are consistent with the scratch marks on mr. mueller's face then branches or tweaks. >> however, after a defense objection, the judge ruled the coroner's statement could not be used. they still had a theory to present for the why. >> they were high school sweethearts. he had never abused her, in anyone's knowledge. he had no life insurance policy out on her that he was trying to collect. what is the motors? -- motive? >> fred was telling people, one being a close friend and one an employee, in fact the marriage had gone stale. it was the same old same old between he and leslie and that he did have a wandering eye. >> and according to the prosecution his eye had wandered here. >> we were very good friends. >> jeannie bars, fred's former assistant, called-- testified that fred had called her outside of work. >> did that make you a little uncomfortable? >> a little bit . >> and wants fred told to her about divorce. >> he just kind of mentioned that their interests had kind of grown apart. >> according to the prosecution team, fred picked an idyllic spot in the middle of nowhere to find a way out of his marriage and concocted a story of her fall as a cover up. >> two people went up, one came back and we only got his story and we know his story is false, through and through. >> the defendant has asked people to believe what is impossible, impossible. >> but fred's lawyers were about to turn the state's case on its head. those tests at cottonwood creek come in fact, any so-called evidence of murder just did not hold water at all. coming up, defense experts tell the jury that the weight leslie died is absolutely clear. >> what was it in my opinion? that's what i would have put on the death certificate. >> when "dateline" continues. with bounce pet, you can cuddle and brush that hair off. bounce, it's the sheet. nexium 24hr prevents heartburn acid before it begins. get all-day and all-night heartburn acid prevention with just one pill a day. choose acid prevention. choose nexium. long after guests leave, viruses and bacteria linger. air fresheners add a scent. but only lysol air sanitizer helps erase the trace, eliminating odor and killing 99.9% of viruses and bacteria in the air. scent can't sanitize. lysol can. [♪♪] if you're only using facial moisturizer in the morning, scent can't sanitize. did you know, the best time for skin renewal is at night? olay retinol24 renews millions of surface skin cells while you sleep. wake up to smoother, younger-looking skin with olay retinol24. for three cold colorado weeks, as prosecutors laid out their case for murder, fred mueller's defense attorney for 3, cold, colorado weeks , as prosecutors laid out their case for murder, fred mueller's defense attorney, roger sehgal , sat by his side. >> how was fred feeling throughout the trial? >> he was nervous, his life was on the line. it was tense, no doubt about it. >> fred's children found it especially hard . >> the worst day of your life, imagine that, being analyzed by a room full of people, being drug out publicly and scrutinized. your personal, private tragedy exposed to the world and being picked apart. >> to the siblings, each day in court felt like an unrelenting attack against their family and their father. >> you can't react. you can't say anything. you have to sit there and take it and watch them say all these horrible accusations about my dad . >> are looking for one person to stand up and say, this is preposterous. there is no evidence. he is a good guy. he has never shown any history of violence. it was his wife for goodness sake, can we just put a stop in this? >> now, fred's lawyers were ready to push back. defense counsel mike d garin told jurors, there was an obvious rush to judgment that contaminated the entire investigation. >> an evil suspicion from the get-go. >> first responder, michael go live, testified that neighbor, justin sparks, started making accusatory comments while they were still trying to revive leslie. >> justin at one point turned to me and said something along the lines of, i never trusted that slb . >> i think the suspicion started with mr. sparks , and never stopped . >> you think it was somewhat of a snowball effect? >> yeah, i do. >> and even though golab was a restitution witness, he admitted, he personally did not find anything odd about fred's behavior that day. >> everyone deals with tragedy difference. i felt in the context, it seemed appropriate . >> but what about the important evidence against fred, the apparent lack of injuries on leslie's body ? >> did you wonder at all why your mom did not have more injuries, as some people felt she should? >> no. you can't say what people are supposed to. >> she was bundled up, she was in cold water. we've thought about this more than anyone should ever have to think about what their mother's body did after she got . >> the defense called its own forensic expert, veteran pathology warner spitz. he testified, there were bruises on her hand, and a small skull fracture that no one else had highlighted. >> if you look carefully at this, you will see there is an area in here that is not like it should be. >> after looking at the medical examiner's report and leslie's x-rays, dr. spitz said, there was no evidence this was a homicide. >> what was it in my opinion? accident, that is what i would have put on the death certificate . >> a better emergency room doctor backup spitz's conclusion, saying, not all falls are catastrophic . >> i don't see how you can rule out a fall from any of the circumstances or injuries that i have seen. >>, it was time to counter all of those prosecution water tests, the backbone of the state's case. the defense all major problems with the tests and called its own water expert, a hydrolysis who had been measuring current flows for years. >> is a general rule, that increase upstream flow comes in the late afternoon and evening. >> the defense expert pointed out that water in the mountains changes constantly, and in 2008, the year leslie died, there was more snow melt than usual. >> was 2008 a height water year? >> it was tremendously a high water year . >> those prosecution tests were done more than a year later, and in a different season, not spring, but summer, with the creek's water level is usually lower . >> the flows august 4th and august 5th, and august night were less than streamflow may 3rd and may 4th, 2008. >> although so-called evidence that proved fred's story was possible, the defense that it was useless. >> the testing you did in 2009 will not be reflective of what did or did not happen in 2008. the bottoms of the creek change, the walls of the creek can change, there was erosion of crete. every time you go up there, it seemed a little different . >> and the defense attacked the state's expert for what it said was another lot with the mannequin test. >> they did not start that test with the mannequin falling from the ledge, right? >> absolutely not . >> and therefore, your testing did not account for any kinetic energy that would have been initiated from the fall, correct ? >> that's correct. >> and what about fred's story? a jumpy dog distracted by a blue jay and a swan dive toward the rocky water? the defense said, it was the truth and not at all far- fetched. >> it is steep and angular. there is ice on the rocks. it's slippery. it seemed perfectly plausible that she had fallen and floated . >> the defense brought in a canine behavior expert who analyzed that last photo of leslie and said, the young border collie looked spooked and ready to bolt . >> the dog is under stress, pushing back . he is pushing back from mrs. mueller. she is trying to control him with an ear pinch, and the dog is looking totally off in another direction. >> to the defense, it was clear, fred's story was entirely plausible and the prosecution's was not. >> why would he do this? why would i got married 27 years, with no history of violence, no history of any sort of domestic disputes, all of a sudden decide on his vacation that he was going to murder his wife with his bare hands? it just seems, that part of the case seems so far-fetched . >> friend after friend arrived from texas to support fred . even his in-laws took the stand. leslie's own mother, jenny, vouched for her former son-in- law's character . >> all those years, any signs of fred being abusive or violent to leslie? >> no, i never saw a sign of fred being violent to anyone. >> and each of fred's children also faced the jury to tell them about their parents' long and happy marriage. ariel described one nightly routine . >> mom and dad would walk to the pond about 200 yards from our house, holding hands and they would be out there 30 minutes , an hour, while the sun would be setting . >> amanda recalled how devastated her father was in the wake of her mother's death. >> i know he was not sleeping well. he would stay in bed a lot during the day. he cried all the time. >> and alex's testimony brought out an emotional response from fred in court. >> did you ever see your dad able to get over it? >> no. i'm looking at him right now and he's not over it. >> but what about fred's former assistant? the woman who had given prosecutors a semblance of motive? in fact, during cross- examination, the assistant said to me fred and his wife showed affection for each other all the time . >> she would come in and go straight to his desk, give him a kiss, and go back to her desk in the back. >> the absolute bottom line is, there was no affair with jeannie barnes. fred did not kill his wife, he certainly did not kill his wife for jeannie barnes. >> the defense was sure it had shown the jury who fred was. the people who know him best said, there was no way in the world fred could kill his wife. now, it was up to a jury of 12 people to decide if he did. coming up, waiting for a verdict. >> the longer it took, the more we were getting nervous. >> and then a bombshell. >> i was almost in tears. >> when "dateline" continues. 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[ bird squawks loudly ] to a pet shop. meg's moving company uses t-mobile. so she scaled down her fleet to save money. and don's paying so much for at&t, he's been waiting to update his equipment! there's a smarter way to save. comcast business mobile. you could save up to 70% on your wireless bill. so you don't have to compromise. powering smarter savings. powering possibilities. hi, i am jessica layton with the tower's top story. president biden hosted the super bowl champions, the kansas city chiefs at the white house on friday. harrison butker, a big source of controversy after he recently delivered an extremely sexist and anti-lgbtq college commencement speech. on friday, a nonprofit research group alarmingly reported that since donald trump's thursday's felony conviction, his supporters have taken to social media to threaten the judge and prosecutors in the case, while also calling for the jurors to be docs and harassed. now, back to "dateline." after a contentious five week long trial, the murder case against fred mueller finally went to the jury. >> what was it like waiting for that so important verdict? >> butterflies. >> yeah, we were all kind of nervous, but i think we were all pretty confident. in our gut, there's no way he would not be acquitted. >> day one of deliberations came and went without a verdict. as the waiting spilled into they two, the defense and prosecution agreed on one thing . >> that is the toughest time of the trial, is the waiting. you are literally in this holding pattern . >> that is the toughest part of any trial just not knowing what the results will be . >> sheriff bruce was back in his lake city office, waiting by that photo of leslie. >> i had no concerns. we were going through the process. and then i'll admit a little, i question why i-- it was taking so long. i thought, it wasn't a slamdunk, but i thought we had a solid case . >> at the courthouse, the jury was still out, three days, no decision . >> the longer it took, the more we were getting nervous, because it seems so clear-cut. >> it seemed obvious to us. >> it was the fourth day of deliberations when the jurors sent out a note here that everyone gathered in the courtroom to hear what they have to say. >> we are at an impasse . >> the judge offered them lunch and asked for one more try. fred's future was in their hands. 10 minutes later, they passed on the free food and were back. >> ladies and gentlemen, i do have another folk-- note from the folks and indicates that we are deadlocked . >> hopelessly so. the judge had no real choice, he declared a mistrial . >> it was extremely disappointing . >> very disappointing . >> extremely disappointing, because it was not the answer that we thought we deserved. >> mostly, i felt for fred. ultimately, it is his life that is on trial. and, so i felt sad for him that we couldn't get this resolved for him in the form of an acquittal. >> in fact, the defense had been very close. 11 of the 12 jurors voted not guilty. >> i heard the jury vote, i was almost in tears. and i thought, how did they miss, how did they miss what we were trying to say? >> after the mistrial, the defense argued for his release on bond and the judge granted it . >> i just can't wait to give him a hug, and just talk to him whenever i want. >> now, one full year after losing his freedom, fred was going to get out of jail. his daughters and wife, wendy, gathered to embrace him. son, alex, who was traveling, called in for an update. >> we are at the jail right now, just waiting for your dad. >> i have not had a hug in a year. we have not been able to see him in-person in a year. >> hey. >> got his bags packed, ready to go. >> i love you guys. >> it was so wonderful to get that hug that we had waited for . >> do you remember what you said to him? >> i love you. >> i love you. let's go home. when is the last flight out? >> it was so emotional that we were also excited, we finally got to take dad home. >> home to texas, but for how long? fred was only out on bond. he still was charged with murder and have the threat of a retrial hanging over his head. >> we were extremely helpful they could change their minds and decide to not go forward again. >> we were really hoping for that. >> more than just hoping. in fact, the family actually met with prosecutors and lobbied against another trial. >> did that way into whether to go into a second trial at all? the fact that this entire family, leslie's family included, did not want a trial marks >> absolutely. we have to consider their position. we have to consider where they are coming from . >> then, one part of the decision was made for them. the judge throughout the most serious charge, first-degree murder here and why? the judge ruled prosecutors did not have enough evidence to establish premeditation. >> we did manage to get an acquittal on the first-degree murder charge. >> prosecutors could still move ahead with second-degree murder, but would they? 11 to 1 both surely made a retrial daunting. but the prosecutors spoke to some of those jurors and found out, too many of them, not guilty did not mean innocent . >> and kind of behind those numbers were a group of people who, by and large felt that something had happened here, that fred mueller was not telling the truth. >> prosecutors weight it all and made the decision, fred would stand trial to murder again . >> i remember having a moment thinking, i can't do this again. and my mom would always be like, well you are gonna do it! and i felt like she was-- you're going to be fine, it's going to be good. >> your mom was kind of guiding you a little bit? >> in my head. she was always, suck it up, you're going to do it. >> the second trial would by no means be a carbon copy of the first with new attorneys and new witnesses, both sides hoped that this time, they would see a different result. coming up, the defense comes out swinging. >> what the prosecution asks you to believe is that fred mueller went from this, to a homicidal maniac within seconds. >> but then, a defense witness says something that might do fred more harm than good . >> fred is very successful. he could sell anything. >> would jurors think fred had sold everyone a lot about what had happened to leslie? when "dateline" continues. " c the number one prescribed biologic by dermatologists and allergists, that helps heal your skin from within. serious allergic reactions can occur that can be severe. tell your doctor about new or worsening eye problems such as eye pain or vision changes including blurred vision, joint aches and pain, or a parasitic infection. don't change or stop asthma medicines without talking to your doctor. ask your eczema specialist about dupixent. october 2013 felt like a grandma, groundhog day. fred mueller again in court , his family supporting him from the gallery. >> did you fill it all, okay, we know how this works now. we are a little stronger this time around? >> i think we could cut out the extraneous stuff and really focus on the, no case . >> but there were differences from the first trial to ensure an untainted jury pool, the case had been moved northeast to suburban denver, more than 250 miles away from cotton creek . >> the evidence in this case is that leslie mueller did not fall off a cliff . >> this time from the prosecution, jurors heard a streamlined version of events and how according to the state, fred mueller told a story of defied logic . >> like most murders, this what is hard to explain. he does not make sense. it does not make sense how or why this could happen. >> the witnesses to that awful day again came forward. neighbor, jennifer sparks, again told how she thought rhett was acting strangely when he pulled up to her house and she added this new detail . >> he was petting my dog. >> he was squatted down, petting the dog? >> the dog was right here, he was petting the dog. >> she felt like that demeanor was displaced. >> for prosecution, this trial was a second chance to explain to the jury how fred's story did not match up with the landscape . >> this area was not fast --cast, it was not huge. it was actually quite tight and small, making the defendant's statement in possible. >> our primary goal in the second trial was to get the jury to the scene. >> the judge considered a visit to cottonwood creek, but ruled it was too expensive and impractical to bring the jury that far . >> not being able to do that, we did our best in the second trial to bring the scene to the jury . >> the secondary had a new 3-d model of cottonwood creek to examine, and a second to consider. no way, said the state's new witness, an expert in reading x- rays . >> could you determined that there is any evidence of a fall from 20 feet onto a hard, granite surface? >> i did not see any other fractures. >> prosecutors hammered home their key points, leslie had no injuries from a fall, and tests showed she could not have floated downstream, as fred said she did . >> it just does not seem as a likely scenario. >> they argued, fred must have drowned her right where she was found, right after a violent struggle . >> it was our intention to streamline the second trial as much as possible and focus in on the critical points of the case. >> but fred mueller also change things up in this trial. he hired a new powerhouse attorney, pamela mackey , who had a roster of high profile clients, like kobe bryant . >> and what the prosecution asks you to believe is that fred mueller went from this, to a homicidal maniac within seconds. >> fred's new lawyer argued that the state's case was beyond flimsy. >> their theory that because leslie mueller did not suffer any significant injuries in her fall from the ledge, fred miller must have drowned her. that's their case. they won't give you the why of that theory. they won't give you the how. >> the defense again criticized the prosecution's recreations, and told this jury there was no way anyone could know for sure what the water flow and depth where on the date leslie died . >> if someone measured the actual stream flow of cottonwood creek, within days or weeks of the incident, it would have been informative. >> and several new defense this is to the stand. there was a biomechanical engineer who examined the mannequin used in this test. >> frankly, it is not even right to call it testing . >> according to the defense's new expert, the defense had a big flaw, the dummy could not sink or float in water the same way human does. in fact, it was not even designed for this sort of experiment . >> as far as buoyancy is concerned, it is not a scientific instrument for determining that. it is the wrong tool for scientifically probing . >> this time, the defense brought in a memory expert to explain away possible holes in fred's story. the expert said, extremely stressful situations can play tricks with memories. so maybe fred did not actually see leslie fall on her head, as he said he did . >> false memories happen to us all the time. it is not a lie, it is just a memory that happens to be incorrect. >> but no expert could help jurors understand how fred truly felt about his wife of almost 27 years. to wrap up their case, the defense brought up fred's family to talk about how happy the muellers had been . >> that you observe anything to believe your folks have had difficulty in their marriage? >> no, never. >> leslie's mother, jeannie, again defended fred. the prosecution's ears perked up when she offered a new detail about her son-in-law. >> fred, fred is very successful. he could sell anything. he is a wonderful salesman . >> and final statements, the prosecutors used those words against fred . >> what we learned about the defendant yesterday is that he can sell anything, but he can't sell you the impossible . >> from our perspective, that is what he tried to do, he tried to sell emergency responders, cbi, the jury's, quite frankly try to sell a story that was simply impossible . >> could this jury rise to the challenge and once and for all make sense of what happened at cottonwood creek? coming up, jurors get the case . >> either you believe crazy story a, she fell down that cliff, or you believe crazy story b, that fred, who has no history of violence, killed his wife. both stories are crazy. which one do you want to go with? >> mueller when "dateline" continues. teline" continues. blistering rash that can last for weeks. ahhh, there's nothing like a day out with friends. that's nice, but shingles doesn't care! 99% of adults 50 years or older already have the virus that causes shingles inside them, and it can reactivate at any time. a perfect day for a family outing! guess what? 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looks right. nooo... nooo... quick, the quicker picker upper! bounty absorbs spills like a sponge. and is 2x more absorbent so you can use less. bounty, the quicker picker upper. ye it took more than five yes , dozens of witnesses, and hundreds of pieces of evidence in two colorado court rooms to get to this moment. again, 12 men and women were trying to decide if leslie mueller was murdered , or a victim of a freak accident. >> we all agreed that the accident, the fall, was completely crazy. i just kept thinking, crazy things happen in life all the time . >> we spoke to seven of the 12 jurors . >> either you believe crazy story a , or you believe crazy story b, that fred, who has no history of violence, killed his wife. both stories are crazy. which one do you want to go with? >> what were the key pieces of evidence for you, or the lack thereof? >> lack of injuries . >> you felt that she should have had more injuries? >> absolutely. to fall 15 to 20 feet on a granite platform, go face first on two waterfalls, be described as pristine . >> show of hands of who believed fred's story. >> we did take-- at one point in time, we all said, let's vote and see who thinks he is lying. we all raised hands, we convicted him of lying. >> the question beyond that was my question is, if we don't believe his story, does that make him guilty? >> he is not on trial for lying. he is on trial for murder, and i need to know how or why . >> there jurors wondered, where was the evidence that fred drowned her? if he really did kill her, prosecutors never provided a clear explanation of how he did it . >> there was no evidence to put him down at the recovery site. there were no footprints in the snow and no defensive wounds on her. if there was a scuffle, i would think she would have some bruises. she would have fought back. >> they poured over technical testimony about water in the creek. to them, the flood of data and expert testimony was a complete wash. >> you bring all the experts in, all the water tests, pointless because they always poke a hole in it because it was not done may 3rd, 2008 . >> like the jury before them, this group 's first day of deliberations ended without a verdict . >> as the deliberations took longer and longer, it became clear that we needed to be nervous again . >> while sheriff bruce felt more confident than ever this time around . >> i slept well, ate well, went about my normal duties at work here without a lot of concern about it and expected the phone call to come in and say, we got it. >> the 12 jurors returned the next morning, determined to make a fresh start . >> was in when you're consistently thinking about leslie, the mother, the wife, the doctor? >> we have all of the pictures and everything. i made the comment, leslie, talk to me, say something, because she could not speak . >> right to me she needed us . >> after 10 days of intense debate, the 12 jurors thought they were done. they sent out a note and the judge called everyone in the court room . >> latest adjustment, you have sent me a final note, you do not believe you could reach a verdict? is that correct? i am going to declare the jury deadlocked in this case . >> hopelessly deadlocked. a second jury unable to say for sure if fred mueller had killed his wife for not . >> when you hear those two words again, hung jury ? >> absolutely crushing. >> disappointing again on both sides . >> do you ever look back and think, maybe we should not have done this? it was not there from the beginning? >> absolutely not here to both of these trials were brought worthy of prosecution. a woman was murdered and both of these efforts were warranted . >> how close was the jury's verdict this time? eight believed fred was guilty and four voted to acquit . >> i had too many questions that were unanswered, therefore, i had reasonable doubt . >> i was steadfast guilty, he was steadfast not guilty, and we try to get everyone's impression of what happened, or what they thought . >> the prosecution wondered could one decision by the judge have changed it all the marks >> to this day, i believe that either one of these juries been able to go to the scene, perhaps it would have been a different result. >> and three weeks after the second mistrial, an announcement, the state dropped all charges against fred mueller . >> when we finally got the news, it was overwhelming with joy. we could finally rest at ease, my dad could move on with his life, finally move on . >> and relax. >> fred and his wife, wendy, returned to texas, where red still runs his thriving business. colorado, the case remains open . >> without any further investigation or witnesses that could come forward to provide some new bits of evidence, at this point, the case simply remains open. >> so, fred will essentially have this hanging over his head potentially forever? >> at this point, the case remains open . >> fred tell us, he is aware of this legal limbo. he wanted to do an interview with dateline, but is concerned that anything he says can be consorted by prosecutors and investigators who still believe he did something wrong. and that picture of leslie was prominently displayed in sheriff's rhonda bruce's office , until he retired in early 2019. he says, the photo is still with him. >> i think it was just the magnitude of the terrible tragedy that stuck with me and will stay with me the rest of my life . >> you get teary-eyed when you talk about this woman you have never met , was not even a member of your family. what is this connection you have with her? >> i can't put a finger on it. certainly, it does truly haunt me. i feel like i let her down. >> leslie's family chooses to remember her vividly, not as a victim, but as a cherished wife and mother they lost too soon . >> we don't want people to forget about how wonderful of a person she was before the accident and all the great things she did . >> all the babies she delivered . >> a great, great person. >> with a vacation home the mueller once loved, long sold, they are making new memories as a family far from colorado. in those magnificent rockies, seasons change, waters rise and fall, and some believe the secrets of cottonwood creek will remain a mystery, forever. i am craig melvin, and this is
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