thought it was a bird foot and it had blood on it. >> it could be the penguin. >> yes. at that point we didn't know how the foot played into it or not. >> was it webbed? >> you know, i guess i don't recall if it was webbed or not. >> but the thinking was this came from if not the actual person who had done the beating, at least somebody who was there during the fight. >> yes, absolutely that was the thinking. >> police swarmed downtown ground forks, and at another bar they found one of the costumed-characters they were looking for. >> that same night we found the clown. >> and the clown was crying? >> yes, he was. >> what was he crying about? >> well, you know, initially that's something that made us wonder, why is this guy crying. >> the tears of a clown, it made police suspicious. one officer reported the clown's hands were shaking. from the cold or from something else? >> october 28th, 2007. >> by the time the clown was brought to the police station, he had dried his tears but he