a motive for murder. >> but they did have a business that was a viable, lucrative business, and it was worth maintaining. and if she hadn't been murdered, presumably they would have come to some settlement over the assets and some division of the property involved in the business. >> jim fayed did not testify. and he didn't make werksman's defense any easier. the prosecution's smoking gun was that tape made by police and a cooperative cellmate. >> i told you, she knew her boundaries. she -- she -- she ran her mouth too much. she -- she ran out of control. she started running her mouth. >> about your business. >> if she'd kept her mouth shut, yeah. >> on the tape, jim describes how he hired someone to kill pam and set up several scenarios to make that happen. but he says it was one missed opportunity after another. >> there was four different other occasions where i had it so it was perfectly clean.