Transcripts For KNTV Dateline NBC 20150202

20 noshow rate down to 8 . A 12 improvement. Whats that say . That says that number one, they listened to what you all had to say. And they made the corrective they made the corrections. And it just tells me that they want to do the right thing. They did the right thing. But our latest review of recent Court Records found not everyone got that message. The officer is not present in your matter. Reporter on this day a Santa Clara County sheriff deputy failed to appear. So this matter will be dismissed. Initial justice. Lack of prosecution. Reporter our review of Court Records for the past five months found santa clara sheriffs deputies missing court 20 of the time, a 6 increase from last years numbers. The largest noshow rate of any major agency. That number is a little higher than i expected and thats the reason i was surprised when you presented me with the data. Reporter captain rick song responded to the numbers, saying the Santa Clara County Sheriffs Office like other agencies will now focus on tracking deputies appearances in court. Whats the message youre taking to your deputies from this data . Take care of your business. This is what we have to do as a government entity. You come to us with a problem, and youre looking for a solution. And were here to provide that solution. Bottom line we found the agencies that do track when their officers show up have the best attendance records. We also discovered when its not importanted theres a greater chance the ticket gets dismissed because the officer failed to appear. Ultimately Wasting Court resources and your tax dollars. When we return we dont want to waste taxpayers money by having vaccine go to waste. We investigate flu vaccines. Why some bay area counties are letting thousands go unused. The numbers next. Who wants to try a new burger . Thats good its really good. Very juicy. Thats melted garlic herb butter. Its original. I like soft buns. I would buy this. This is amazing could this be from jack in the box . Definitely not jack in the box no. Im not a big fan of jack in the box burgers and. This is really good thanks. I guess. That is my new buttery jack with garlic herb butter melted right on. You can go classic or bacon swiss will they melt in your mouth . You butter believe it. If you have a story for the Investigative Unit call our tip line at 888996tips or send us an email to theunit nbc bay area. Com. The calendar says were right in the middle of flu season, the time when local Health Departments spend a lot of time and money to fight the virus. But Investigative Reporter vicky nguyen has learned thousands of flu vaccines go to waste every year. Vaccines you paid for. Vaccines purchased with tax dollars. Are you ready . Come sit over here with me. Reporter Alameda County launched shoo the flu at oakland schools this year. Whats your name . Reporter its part of a Massive Public Health Campaign to distribute some 20,000 vaccines over the next couple months. Are you a little scared . Reporter and its working. Alameda county ranks number one in the state for how little vaccine is wasted each season. Thats it. Theyre asking us do we have anywhere from 110,000 to 190,000 illnesses in Alameda County are caused by flu every year. Reporter dr. Erica pan is the countys director of Communicable Disease control and planning. She says the county works with 22 partners ranging from Health Clinics to homeless shelters. I think were proactive and our partners are proactive, yes. Want to hold my hand while we wait . Reporter but not all counties appear to be as proactive. The Investigative Unit looked at the past five years of vaccine usage data from the state Health Department. We found on average more than 88,000 vaccines go unused each year throughout the state. Every year the state provides free flu vaccines to each county based on potential demand. But unlike other vaccines the flu vaccine is only good for one season before it expires. State records reveal a wide variance between unused vaccine rates, ranging from an average 1 in Alameda County to 23 in Orange County to 38 in cal veras county. That begs the question as to why are some counties doing so well and other counties not so well. Reporter ucsf epidemiologist Robin Gershon says all yointz need to have an effective system for distribute being vaccines not only for flu but because its practice for any outbreak. So if we cant get it right with flu we wont be in a good position if a more serious disease outbreak occurs . This certainly is a great trial run for us to really ramp up if and when we ever need to. So lets hope to get this right. We need to get this right. Reporter here in the bay area date sooezhows that marin and Solano County posted the highest rates of unused vaccine at 19 . That outpaced santa clara at 9 and San Francisco at 8 . Were aiming to give out all our doses of vac scene. Reporter danielle highser is the coordinator. She wasnt in charge of distribution in 2011 when the department reported 38 of its vaccines went unused but she says shes adding more public clinics to get vaccines off the shelves. She says in 2014 we returned only 5 of our doses. Which is great. And thats definitely a huge improvement. Reporter while all counties are required to report their numbers to the state, we found that none of the counties we spoke with had any idea how they compared and theres virtually no oversight from the state. We dont want to waste taxpayers money by having vaccine go to waste. Reporter at around 11 a dose, unused vaccines have cost the state at least 5. 9 million since 2009. The state Health Department declined our request for an interview. But after we started asking for data the state began requiring counties to report vaccine usage rates in the winter and summer to better track the numbers. Fear gripping the east coast as the cdc reporter with the ebola virus now making headlines and the vaccine currently in the works, gershon says its more important than ever for Public Health leaders to be prepared. If we were to have a vaccine and we need to get it out to the entire population quickly, this Influenza Program is the model. It is the model. Doctors do recommend flu shots, saying they can shorten the illness or make it less severe. Now, we have put together a map showing how many flu vaccines went wasted in each california county. Just go to our website at nbcbayarea. Com and click on the Investigative Unit tab. Youll find this story on page 4. Coming up next and i saw the truck. I just thought he was going to stop. But he never did. A commercial delivery truck plows into a bus, but its never reported. Next we investigate how some accidents are going untracked by the department of transportation. If you have a story for the investigative upt call our tip line at 888996tips or send us an email to theunit nbcbayarea. Com. We all share the road with big delivery trucks. Tonight an investigation into what happens or more accurately what doesnt happen following a crash. Law enforcement is required to report it to the government. That way it can keep an accurate Safety Record on all companies. But Investigative Reporter Elyse Kirschner found thats not always happening and some major accidents have gone unreported. Reporter imagine being a passenger on this bus when in a flash a fedex ground truck plows into you. People just they would be flying all over. All over the bus. Reporter knocking passengers out of their seats. And i saw the truck. I just thought he was going to stop. But he never did. Reporter thats what happened to Nelson Andino. He was on his way to a beach in miami in january 2012 when a fedex ground truck hit the bus he was riding in. You can see him sitting in the back row wearing a white tshirt and headphones clearly shaken by the impact. A lot of policemen. A lot of paramedics. People like screaming in pain. Reporter miami city Officials Say 18 people including andino were taken to local hospitals. Its all because according to authorities the truck ran a red light and tboned the bus. Law enforcement agencies are required to notify the department of transportation when a crash involving a motor carrier causes fatalities serious injuries or requires vehicles to be towed from the scene. And it doesnt matter if the carrier is responsible or not because past crashes are a good predictor of future crashes. As far as the accident in miami the feds confirm it should have been reported to the d. O. T. But that didnt happen. So the collision is not part of fedex grounds safety score. Its listed as satisfactory. If you dont have all the accidents recorded then you dont know the Safety Record of the company. Reporter rob diordan runs runs the mineta transportation institute, a transportation public think tank in san jose. He says all accidents need to be reported so the government can better concentrate its intervention efforts on Motor Carriers that have high preventable crash rates. If theyre not receiving the accident reports they cant then recommend legislation that reduces the accidents. Reporter the d. O. T. Currently lists 1,313 crashes involving fedex ground from january 2012 to may of this year. During that same time period the Investigative Unit has found 15 major collisions that are missing from fedex grounds Safety Record. In many cases the crashes involved multiple injuries and even fatalities. One person has been killed after a fedex truck and a bus collided reporter like this one in atlanta. A fedex driver died after colliding with a bus. Another crash involving fedex shut down this freeway in texas. In Providence Rhode island traffic came to a standstill on the interstate there after a car hit a fedex truck. Here in california memorial marks where a fedex driver hit and killed a father in brentwood. And in Orange County a driver of a bigrig died after colliding with a stalled fedex truck on the freeway. The Investigative Unit discovered all of these accidents are missing from the d. O. T. s Accident Data base. The possible reasons . Law enforcement never reported the crash, recorded the accident report or recorded the wrong d. O. T. Number. It starts out with that initial officer who investigates the collision. Hes required to collect all that data. Reporter captain Brandon Johnson is the commander of the commercial vehicle unit in california. The california Highway Patrol investigated the two crashes in Orange County and brentwood. So the bottom line was it some type of human error when youre looking at why those accidents werent reported . It was human error. And what happened was its probably a training issue. Reporter he says in both of the california accidents officers failed to include fedex grounds d. O. T. Number in the crash reports. The federal government relies on that Accident Data to evaluate how safe a motor carrier is on our roads. And gives grant money to local Law Enforcement to report Important Information to the d. O. T. The Investigative Unit found california received more than 75 million in the last five years for motor carrier oversight, paid for by your tax dollars. Now that we provided that information, will those accidents be a part of fedexs Safety Record . Yes. Since you guys have talked to us about these two collisions weve looked into it. Reporter since the Investigative Unit alerted chp to the oversight captain johnson says the two accidents in california will now be part of fedex grounds overall Safety Record. Its going to go out statewide to everyone. Its going to advise them what kind of information needs to be on the accident report so this doesnt happen again. Reporter the federal Motor Carrier Safety Administration says its unclear whether 15 crashes would significantly affect the companys safety score. The bus actually turned. Reporter but those involved in nonreported crashes like Nelson Andino say every crash should count. You know people get injured. So just to be forgotten like that is not fair. Its not fair. Now fedex ground declined our interview request about the missing data. The company pointed out that a carrier isnt obligated to report that to the government. Bottom line this really comes down to Law Enforcement doing a better job sharing accident information. Now, many of our stories come from viewers just like you. If you have a story for us call our tip line at 888996tips. Or send an email to theunit nbcbayarea. Com. Finally tonight, we thank you for watching. As always youre invited to join us regularly right here on nbc bay area. Its a perfect combination. You watch and we investigate. Im tony kovaleski. Good night. Charles capone. The grounds . She said hed tried to choke her. Its nice to be able to just walk around with your head up. Reporter the cops werent so sure and were now chasing down his friends, including his good pal david stone, a married High School Baseball coach and employee at the moscow, idaho, maintenance department. To the investigators astonishment, david volunteered that hed been hanging out with charles and rachael at the garage the friday night she went missing. Its absolutely huge. Reporter now you got another guy, someone with information. Somebody with information. It immediately raises the question, why didnt Charles Capone ever mention david stone to me during the entire time i interviewed him . Reporter threedays after rachael was reported missing, the Task Force Detectives sat david stone down and grilled him. He provided a timeline for that evening, and it was different than Charles Capones timeline. Reporter the husbands friend told the cops rachael came by the shop about 5 00 p. M. And waited for charles to finish her car. David stone says he then left to get some food at an a w. When he got back to the garage around 8 00, rachael was gone. Stone said he drove charles to a local bar, swung by his home for a while, then went out later to pickup charles at the bar. Many of the investigators knew david stone and his wife alisa. She worked in Moscow City Hall as a grants writer. Who was your dave, personality, character . Yeah. Someone that was very caring, was a really good stepdad. You know, was on the volunteer fire department. Reporter Charles Capone, were they friends . Yes, yes. Reporter did you know rachael . I knew her only from church. Reporter alisa knew her husband was at the garage that friday night and said nothing seemed amiss. What did he say was going on . He said he dropped charles off, mingles and that there had been some interaction with rachael that wasnt happy. And charles said he wanted to have a drink. And so he dropped him off and was going to go back, and hed be home. Reporter intriguing perhaps, but the two friends mismatched stories did nothing to advance the cops case. Rachel still missing, there was no evidence an actual crime had even occurred. All they had were their suspicions about david stone and Charles Capone. So now you got two different versions of friday night. Two different versions. They were supposedly together, but theyre telling two different stories. Reporter tangled somewhere in the differing accounts, the cops thought, there must be a buried clue about what had happened to rachael. Meantime, her heartbroken daughters did what they could to fill the awful hours. Organizing searches, building a webpage, and pressuring the police. We searched ditches. We searched, gosh, abandoned buildings. We searched. Abandoned mines. We put yeah, we put fliers in towns, hoping that someone would see her passing through. Their mom meant so much to them. And they did not want this to just become another cold case. Reporter the investigation was heading that way until the detectives revisited an early lead. A nefarious scheme, if true. Hard to believe that something as evil as that could happen in the palouse. This is a very tantalizing thread that comes together this is the stuff of the movies. Absolutely. Coming up the case is about to go in an unthinkable direction. With the clock ticking, police realize another woman may also be a target. 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[jerry bell iii] deep couch sitting yes . Where . This doesnt look like an accident. Im sorry. Hes the one who did this to you, right . A special svu, all new wednesday here on nbc reporter the high and low search across the eerily beautiful palouse country for any trace of Rachael Anderson was turning up nothing. Months after her disappearance detectives were convinced they had identified their prime persons of interest, rachaels estranged husband charles and his churchgoing buddy, david stone. But the investigation had stalled and was at an apparent dead end. No secret what the biggest obstacle was for lead investigators captain dan hally and detective Jackie Nichols. Its an axiom in Law Enforcement, no body, no crime. Its a challenge. At this point, we dont even know for sure that we have a death. We believe that in our gut. Reporter as the cops dug deeper into the background of the husbands friend david stone, the case suddenly became way more complex. A mind blowing theory, maybe this wasnt just about one wife, rachael, maybe it was about two. The investigation had led them to the city maintenance yard where stone worked. A fellow employee there had related a conversation hed had with david stone awhile back. It surfaces that there had been some conversations between david stone and this individual about a plan to kill stones wife for 10,000. Reporter then stone, the story went, came back sometime later and told the maintenance yard guy to forget theyd talked. Hed arranged a plan b for murder. And that later that that deal was canceled because stone had reached an agreement with Charles Capone that they would kill each others wives. Reporter ill kill your wife if youll kill mine. This is the stuff of the movies. Right. It is, absolutely. Lets say that that youd like to get rid of your wife. Reporter to be specific, a 1950 Alfred Hitchcock thriller titled strangers on a train. In the movie two strangers each agree to commit a murder for the other. They swap murders. Reporter did capone and stone each agree to do in the others wife . Could that be . Do you believe it . I think there was something to it because the yeah, i definitely think there was. Reporter mrs. Stone is alive and well and among us. Did you talk to her . She is. Yes, we did. Reporter boy, what a table conversation, huh . We wanted the cops are telling me that youre trying to kill me . We wanted her to know that she was potentially in danger herself. Reporter you get some devastating news but you continued to share a house with him, huh . I did. I remember many times when i would question david and say somethings not right. Reporter david stone was able to convince alisa that the cops had dreamed up the murder plot story as a way to put pressure on him to turn him against his friend. And putting pressure on that friend, Charles Capone, is what happened next. Hed been found in a possession of a gun, a big nono for a former felon. Capone was placed in the county jail while awaiting federal charges on a firearm violation. In a cell, the visiting detectives had his full attention. And i get this interesting visit from dan hally and Jackie Nichols. I essentially opened it up with, today, charles, youre going to tell me you killed rachael and where her body is. And his response was, well, you only got one of those right. But i didnt kill her. Reporter if charles didnt kill her, who did . The investigators landed hard on david stone, the only other person known to have been with rachael that night. And we confront him with, stone, we know you got blood on your hands. His response was he just sat back, and he said, i need a drink of water. Never denied it. But thats when then he wanted his attorney after that. Reporter with no reason to hold him, david stone was free to go home to wife alisa, the woman cops feared he wanted dead. But not charles. He was about to be put on ice. Fivemonths after rachael disappeared, he pleaded guilty to the federal firearms charge and was sentenced to almost threeyears. So capone wasnt going anywhere. But still the Task Force Investigation focused on him and stone appeared to be at a dead end. The missing womans daughters were in limbo, too. It just went on for years. Years of one nightmare. Reporter as happens, rachael became old news and the case receded from the headlines. Fresh cases demanded the attention of detective Jackie Nichols. No problem, she took to looking for rachael on her days off. As you look around here you can see the vastness of the countryside here and all the various places that you could conceal a body. And going up into the mountains, coulees and gorges. Mountains, ravines. We even did some searches based on psychic visions and dreams. Reporter oh, really . Rachaels family, at as much of a dead end as the cops, also turned desperately to the supernatural. We did some pretty extreme things to find her. I even got hypnotized, once, to try to communicate with my mom, not alive, to have her to tell me where she was. I did everything i could possibly do. Reporter the hunt for the slightest trace of rachael continued for years. Meanwhile, david stone was on the street, and by 2013 his fellow suspect, buddy Charles Capone, was about to be released from jail. We said, now is the time. We have to charge these guys. We have to charge them both. We know that they did this crime. This case wasnt going to get any better. Reporter the idaho latah county prosecutor agreed and on may day 2013 three years after rachel vanished david stone and Charles Capone were charged with her murder. They pleaded not guilty. This case is all about smoke and mirrors and convincing people from day one that i murdered my wife. Everyone, please rise. Reporter in the preliminary hearing prosecutors laid out their theory of the crime, producing that maintenance yard worker who told the story about charles and davids alleged you kill my wife, ill kill yours plan. Stones wife alisa hung on every word. Frightening connections were being made in her head, and with that came the sudden awful awareness that the Sheriffs Officers may have had been right after all, her husband did want her dead. She immediately filed for divorce. The pieces all came together for me. Reporter and theres this account of him going to a coworker and saying, ill give you 10,000 bucks if youll kill my wife. What do you think of that story, that he was soliciting someone to kill you . Yeah, ill never know. Reporter this is beyond marital deceit. Oh yeah. Reporter if the stories were true, then you had married a stranger. Exactly. Reporter who is dave stone . Its a mystery to me at this point. Some of the things that came up in that preliminary hearing, i looked like a monster, and im not. Coming up david stone tells a chilling tale of what he says happened the night racael disappeared. I said what the [ bleep ] are you doing . He looked at me had a look on his face that i had described as satan. Imagine if razors could move up and down, and all around. Hugging tight, swirling left and turning right. Behold, new venus swirl. The only razor with five contour blades and a flexiball. To contour to your tricky places, bones, bends and all. Smooth and steady, going this way and that. Bumps and grooves, curvy and flat. For skin as flawless as flawless can be. New venus swirl, try it and see. Your clever moves wont stop the flu. But Healthy Habits can. Use lysol to kill 99. 9 of germs and help keep your family healthy. Everyone loves the way dark clothes make them feel. And no one wants that feeling to fade. Thats why theres woolite darks. 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Gonna get some cold cuts today reporter almost fouryears after that weekend Rachael Anderson never came home, her family believed they might finally get some answers. Police had arrested her estranged husband Charles Capone and his pal david stone in connection with her death. But this past september it was only Charles Capone in the latah county courthouse facing a murder charge. We are convinced that you will find the only possible verdict, finding the defendant, Charles Capone, guilty of first degree murder. Reporter as the trail opened, the states case had zigzagged another unpredicted turn. The maintenance yard worker had backpedaled on his murder for hire story and wouldnt testify to it. So now the jurors wouldnt hear of a juicy you kill my wife, ill kill yours plot, but rather a straightforward and nonetheless terrifying story of a lousy marriage turned fatal. County prosecuting attorney Bill Thompson and deputy prosecuting attorney mia vowels knew they had their work cut out for them. Our approach was convince the jury through the evidence not only that rachael was dead, but theres only one person in this world who could have been responsible for it, and thats Charles Capone. Reporter what was the biggest hill to climb in this . Because we didnt have a body, it was mostly a circumstantial case. Reporter mia vowels took the lead and called a parade of witness to convince the jury that rachael was indeed dead. A good mother. Had a good attitude toward family. Reporter her exhusband, dennis plunkett, had missed a call from her at 8 09 that friday night. And that was the last contact i ever had with her. Reporter rachaels two sons testified theyd never seen their mother again after that friday. Have you seen your mom since . No. Reporter to show jurors just how nasty charles and rachaels divorce was they played back some of those eerie stalking phone calls. Its funny. You just dont get it. Reporter captain dan hally testified that the defendant had been behind those headgame calls all along. Capone even admitted as much to him. He told me that he had been involved in the stalking and harassment. Yeah, i know she was afraid. Reporter ashley and amber, the daughters, recounted the terror of their moms ordeal. She had the feeling like her life was going to end, a dreadful feeling. Reporter the prosecutors zeroed in on charles character. Jennifer norberg recalled what her friends neck looked like after charles allegedly attacked rachael four months before she disappeared. I observed that she had some red, dark colored marks on her neck. Reporter then, prosecutors produced a business neighbor, an actual eyewitness, who saw charles arguing with a woman outside his auto shop that fatal night. She jumped out of the car, flailing her arms right up into his face. Raise your hand and be sworn please. Reporter so far, the testimony was all appetizers before the prosecutors main course. Their headsnapping all or nothing star witness, none other than charles good buddy david stone, no longer a codefendant for murder. Now the man pointing the accusing finger. Stone. Reporter stones journey to the witness stand began a year earlier during that preliminary hearing when capone whispered something to him. Charles leaned over to me and said, you shouldnt even be here. And i thought, how right you are, you son of a bitch. Reporter a shaken stone listened to the states mounting case against him and decided he wasnt going to take the fall for charles. The prosecution did a real good job of in making me out to be a monster, and im not. Reporter they told you something like, we know there is blood on your hands here. That was one of the things they said. Reporter in cop talk they flipped you. They flipped you against him. They were going to give you consideration in exchange for your story. The cops had nothing to do with me telling the story. Reporter stone says there was no deal with the cops, rather his pastor convinced him to come clean. Throughout numerous visits we prayed in closing prayer that the truth would set me free. Reporter maybe so, but the prosecution counted on his testimony to put away his former friend away for a long, long time. Do you know the defendant, Charles Capone . I do. Hes sitting next to mr. Monson. Reporter once on the stand, stone set off on his tale about the events of friday, april 16th, 2010. I was inside the shop, and id heard a noise. What kind of noise . Kind of like a thud or a bang, or just something kind of loud. Reporter when he looked outside, a struggle. When i came around closer toward the back side of rachels car, rachael was on her back, and charles, he was on top of her strangling her. Was rachel moving . Very little. What did you say . I said what the [ bleep ] are you doing . And he turned around and he looked back at me, had a look in his face i had described as satan. And he told me shut the [ bleep ] up you get a hold of myself. Youre in this with me now. I know where your familys at. Why didnt you intervene at this point . Fear. What were you afraid of . Im watching somebody kill his wife. I dont know what hes going to do to me. Reporter the two men moved rachels body into the shop. David stone testified they ditched the loaner vehicle rachael was driving at the Convenience Store bus depot near her home and then returned to stones garage. After that stone said he went to his job site and rounded up some old truck tire snowchains, like these from his jobsite, and they wrapped up rachaels body. Once we placed rachels body in the chain, we rolled her across the chains. Reporter then he said the two put rachels trussedup, weighteddown body into his suv. With david stone at the wheel they drove south and onto the red wolf bridge over the snake river. He just said stop i put the durango in park, got out, opened the hatch. We pulled rachael out, went to the side of the bridge and threw her over the side. Reporter prosecutors interrupted stones narrative to play for jurors a recording made at the bridge. He was pulling the package out and i assisted him. And we proceeded to the side of the wall here and threw the package over the side. And what was in the package . The body of Rachael Anderson. Reporter into the fast moving river never to be seen again. What would the jury make of this man giving them such critical evidence, the play by play of the crime itself . You know theyre going to hate this guy . Thats the reality of the case. Reporter did it matter whether the jury sat in moral judgment on your star witness, mia . No. They wont like that he didnt intervene and that he helped dispose of her body, but that doesnt change the fact that he witnessed what he did. Reporter as the state rested, it looked, ironically, as though its star witness would prove to be the best thing the defense had going for it. David stone, would the jury believe a word he said . Coming up and what about the other man at the center of the case . Though he wont take the stand, Charles Capone take the tough questions from us. This whole thread of this thing, ill kill your wife if youll kill mine did that happen . The last good man in america. [children shouting] listen to me. Why are you swinging the bat at rocco like that . You hit my child not in front of the kids theyre going to come after you. This is how people get scarred for life. Im gonna put that maniac away. They want a fight . Im going to destroy them. Announcer the slap starting february 12th at 8 00 7 00 central part of the new nbc thursday. You may find yourself in a quandary about as to what actually happened. Reporter Charles Capones defense team had to convince the jury that their client hadnt strangled his estranged wife, rachael, and tossed her body into the snake river with the help of his friend david stone. Charles had maintained his innocence. This just cant be whats going on in life right now. I cant be, at this point right now, sitting here with a guy from dateline. Reporter and the guy from dateline is here because of what is believed to have happened by the authorities on that friday night. His attorneys strategy was threefold. Discredit the buddys damning eyewitness testimony. Sow reasonable doubt about the states evidence. And, offer alternate suspects. Right off the bat they suggested to the jury that there was another person who just might have had a hand in rachaels disappearance. Maybe that infatuated onetime boyfriend William Slemp. Slemp died before the case came to trial, so the defense attorney asked daughter amber what she knew about him. Did you also, in your conversation with your mother, consider another person as being the suspect . Yes. And was that William Slemp . Yes. Reporter and was the boyfriend perceived as a menace . The defense produced a request for a restraining order against slemp that rachael had filled out. During crossexamination the defense got detective Jackie Nichols to concede another connection between rachael and slemp. I recall seeing letters from William Slemp. Reporter after seeding the thought with jurors that maybe someone other than capone did it, the defense team turned its sights on the cops, all the things they hadnt found in their investigation. For starters, there was no physical evidence recovered at charles garage. You didnt see any signs of a struggle outside . Thats correct. Reporter and, when cops recovered rachels vehicle, there were fingerprints, but not capones. They didnt match anybody that was in the system. Reporter but, attacking the evidence wouldnt be enough. Everyone, please be seated. Reporter just as for the prosecution, the defense case lived or died on the credibility of david stone. During a grueling, daylong cross examination, charles lawyer attacked david stones veracity and his motives. David claimed he helped dispose of rachaels body, and then kept quiet all those years because he was in fear of his life from charles. And yet they continued to pal around. Why did you keep that contact every day . Well, i kind of like to know where someones at if im concerned about my safety. Reporter capones lawyer suggested that david stone was only out to save his own neck. And were you hoping for some leniency . And still am. Reporter hour after hour the lawyer hammered away at david, who had easily admitted to lying his way through any number of police interviews. Did you feel that your word might not be real good . I mean, based on the fact that i had been lying for three and a half years, wouldnt you . Reporter in the defense close, it came back again to a central question, could the jury believe david stone . At the end of the day, what stone is telling you, it cannot be true. There is no physical evidence of any foul play anywhere at or near that shop. Reporter Charles Capone declined to testify in his own defense. And you feel comfortable in that decision . Yes sir, i do. Reporter prosecutor Bill Thompson had the final word for the state. Rachaels gone forever. He insured that her body, her physical essence, is also gone forever. But we cant let that allow him to escape responsibility. Reporter after seven days of testimony the case went to the jury. Let me ask you that cut to the chase question. On friday that night at the garage, did you get her down on the ground . No. Reporter did you throttle your wife and kill her . I can tell you honestly, no. Its a lie. Its been portrayed as stuff that absolutely didnt take place. Ive done many things, you know, that im not proud of, you know . Paid my dues, moved on, you know . Tried to be a better person. Reporter this whole thread of this thing, ill kill your wife if youll kill mine, did that happen . I cant answer that for you right now. Reporter you cant answer it . I cant. Reporter capone says hes made mistakes along the way, but did not kill rachael. I dont have that in me. I dont have that i want to care about people. I want to love on people. I dont want to take somebodys life. You know, one officer, she says im a sociopath and i have no heart, and i dont care, and i havent suffered from this. Yeah, okay. Reporter are you a sociopath . No, i dont believe so. Ive seen my share of psychologists and stuff like that. And i think im pretty normal. I mean i think, like most men, i just make poor decisions. Charles was on top of rachael, strangling her. Reporter why does he tell the story in court that he does . Because he sinks you. Because hes going to get charged with solicitation of murder. How much time was he going to do for trying to hire somebody to kill his wife, you know . Wouldnt you have tried to get out of that . Reporter it took the jurors nine hours to decide whether they believed david stones story. There was a verdict. Rachaels family and friends were called back to the courthouse. When the jury came in and we stood there, it seemed like for an eternity. Madam clerk, if you would read the verdict of the jury. You know, our hearts were pounding. Is the defendant Charles Anthony capone guilty or not guilty of murder in the first degree . Reporter the clerk read the jurys verdict. Guilty. It was like this weight just was lifted from everyone. Reporter rachaels daughters had waited 4 1 2 years for this day. So, you hear the words, huh . Umhmm. Its just bittersweet. Reporter youre not getting your mom back. No. Reporter at the end of this. Huhuh. All it is protecting other women and children from being harmed by him. Reporter Charles Capone will be sentenced in february. Because of his prior convictions, he faces life without parole. David stone, who ultimately pleaded guilty solely to failure to notify authorities of a death, was sentenced in october to three to seven years. I want to apologize to rachaels family. Reporter with good behavior, and credit for time served, he could be out in 18 months. Its a day that i think about every day. And i will the rest of my life. If i could change it, i damn sure would. Reporter why didnt you go get your phone and call 911 . You knew you had just witnessed a murder. I froze. And all the way up to that point, i thought he was my friend. Reporter did you solicit a hit on your wife . Never. Reporter did you want her dead in those days . No. Reporter so where did this story come from . Thats a good question. Reporter david stones former wife alisa still doesnt know for sure if he wanted her dead. I bet there are very few people on earth that could put themselves in your shoes and even understand what youve been through, alisa. You know, ive been through a lot, but nothing compared to what rachaels familys been through. I dont think my pains comparable to what her daughters and sons have been through at all. Reporter ever since the day in november 2013, when david stone gave his horrific tale to the cops, there have been intensive searches made of the snake river below the red wolf bridge. Captain dan hally enlisted multiple agencies including the coast guard and volunteers with specialized sonar to help. But the depths of the swiftmoving snake have yet to surrender rachaels body. Is she gone forever . I know were not going to give up. Hopefully, we might still find her remains. Reporter for the Justice System its case closed, but for those rachael left behind you know, theres no true justice. It doesnt bring her back. Reporter is there a new chapter opening up for you . Its just begun. Because when i found out my mom was missing, i fought tooth and nail. So did ashley. Thats what we did. And so at this point it feels like the fight is over. The grieving process for me has just begun. Because theres nothing left to fight for. Thats all for now. Im lester holt. Thanks for joining us. This super bowl sunday mitt romney gets out just as he was being pushed. I decided its best to give other leaders in the party the opportunity to become our next nominee. With romney out, the republican field is now set. Which candidates benefit from the romney departure . Ill be joined by mitt romneys 2012 running mate, congressman paul ryan. Plus, isis executes a second japanese hostage. Former defense secretary robert gates joins me on the fight against the terror group. Also, are the big hits the fans love jeopardizing the future of football . I wasould forget things, i would