Transcripts For MSNBCW Dateline 20200412

Death. Could she have been the killer . Or was someone keeping a secret . I said what do you do, what did you do . I dont know. Just the truth. Hello and welcome to dateline, the stuff of nightmares, intruder comes into bedroom in middle of the night and opens fire. For patricia oxley, the bad dream was all too real. She told prosecutors she had been awakened from her sleep to find her husband ben dead from a gunshot blast. Strange that nobody else was injured even patricia, sleeping by his side. Heres Keith Morrison with while they were sleeping. It was cold the night the full moon rose, desert cold. In the moonlight, silver pale, wind worried the gray ends of the grass, whistled past the unlocked door. Something evil afoot, something here inside where the moon peered into the window, into the master broor master bedroom, a little after 3 00 in the morning. Really dead. Whats really dead . My husband. Strange the things that happen to people. Who was who . This is a case built on lies and deception and cat and mouse. Who knew what it was. But the story when it began in 2005 was about love. Or what certainly felt like it. In fact fair to say it was two kinds of love. There was what happened to ben when he met melissa. As soon as he met melissa, it was something id never seen, just for no reason hed call her and say i love you. Changed man. Absolutely. He was happy, melissa made the difference. If anybody would know, his best friends would, cindy and scott graham. Ben was family. Bens other love, brightest thing in his life, one good thing that came from his first marriage, alyssa. Everybody said that he loved me more than anything and i think its true. Quite true of course, a little jockeying at first, two women and one man, even if one of the women was just three. Our first date alyssa was there, we were eating and i was trying to talk to ben and get to know him, alyssa was like, dont talk to my dad. I remember meeting her, i didnt really like her. She was talking to my dad. More than talking as it turns out. Moved in just a month later. Threeyearold finds hard to understand. She said i love you, i said dont talk to my dad that way. It was a love story for both of them. Jamie hart, friend and future bridesmaid put it he was truly her best friend and he was the best dad. All he cared about was melissa, take care of her. Melissa and ben and alyssa, the threesome. Really like two peas in a pod. One september day in 2006 as the sun was setting into the Sierra Nevada mountains, ben and melissa got married, ceremony at nearby lake tahoe. Melissa a glowing bride, alyssa the Little Flower girl. It was marrying alyssa too. They made a ceremony of it. Alyssa, will you promise to share in the love of this family . Will you say i will . I will. I got her a little bracelet, letting her know i would always love her as my own. From that moment on, called melissa mom. How did it make you feel . Happy, very happy. What a happy couple they were, happy family. For her to be my wife, its a blessing. Thats what you wait for all your life. What were your plans . To buy a house, to have babies, have a family. They eventually moved here, three bedroom ranch in the carson valley, looking up toward the Sierra Nevadas. Alyssa spent half time with ben and melissa, other time with her birth mom, bens exwife, dawn. Above all what ben really wanted was to have his little girl permanently. He never thought he could have his daughter. I was like, yeah you can. You could. And he won custody. It was him and his daughter, what he always wanted. And then the little household grew, melissas teenage brother craig moved in. Then winter came, and the wind. And february 20th, 2008, the moon rose full over the carson valley. After dinner ben, melissa, her brother craig and little alyssa settled in the den to watch a movie. Remembers falling asleep on the couch, waking up with a start. Think i was late for work, 2 30 in the morning. Oh, im not late. Got into bed. Crawled in with ben, she said, moonlight on the covers, warmth inside. An hour later i was woke up by the smell and loud noise. My ears were ringing, at first i thought i was dreaming. The smell . The smell of the gunpowder. As she told it, looked over to ben, he appeared to have slept through whatever it was. Nudged him. Didnt stir. Thought i would go check it out. Halfway down the hallway, realized the front door was open. But you didnt see anybody . No. Halfway down the hall, cold air rushing in, knew something was wrong, ran back to the bedroom, turned on the light. Went to wake him up and i could see him. Hard to get that out of your head, isnt it . Yeah. And thus her call to 911 and the detective who rushed over to find out what happened and discovered that he could not tell. You got the wife, youve got a small sixyearold child and 15yearold boy in the house and everybody saying they dont know what happened. How did everyone else survive that night without a scratch . Coming up, the investigation begins and melissa is at the very center. Asking you to help me solve the problem, the questions i have, okay . A Dramatic Police interrogation when dateline continues. Your lips are like no others, and need a lip routine thats just right for you chapstick has you covered chapstick. Put your lips first. With this one little nexgard chew comes power, confidence, reassurance youre doing whats right, to protect your dog from fleas and ticks for a full month. This one little nexgard chew is the 1 vet recommended protection. And its the only chew, fda approved to prevent infections that cause lyme disease. Plus, its safe for puppies. Theres a lot of power in this one little nexgard chew. Nexgard. What one little chew can do. Its starting to people are surprising themselves the moment they realize they can du more with less asthma. Thanks to dupixent, the addon treatment for specific types of moderatetosevere asthma. Dupixent isnt for sudden breathing problems. It can improve lung function for better breathing in as little as 2 weeks and help prevent severe asthma attacks. Its not a steroid but can help reduce or eliminate oral steroids. Dont use if allergic to dupixent. Serious allergic reactions can occur, including anaphylaxis, which is severe. Tell your doctor right away about signs of inflamed blood vessels, such as rash, shortness of breath, chest pain, tingling or numbness in your limbs. Tell your doctor if you have a parasitic infection and before stopping any asthma medicines, including oral steroids. Du more with less asthma. Talk to your doctor about dupixent. [car[clicking of ignition]rt] uh wha woof eeh woof wuh [silence] [engine roars to life] [dog howls] dramatic opera music swells from radio [howling continues] sensitivity its very common to have a gum Health Concern as well. But if you have sensitive teeth, you probably arent going to brush your teeth as effectivity because it causes pain. And if you see blood you should do something about it. You know, i talk to dentists every day and theyre able to recommend one product, new sensodyne sensitivity gum, to address both conditions at the same time. If we only treat one versus the other, the patients mouth is never going to be where it needs to be. Its really good dentistry to be able to recommend one product for patients that can address two conditions. I was just confused and shocked because at this point i still felt like i was asleep. Melissa oxley called 911. Okay, theres gun noises like a gunshot . No, i turned on the lights and saw my husband and hes really, really dead. Certainly was. Ben oxley had been shot point blank in the head. Yet melissa lying in bed right beside him was unharmed. She ran then to alyssas room to check on her and call 911, alyssa, six years old and completely unaware of what happened, asked to see her father. I want to see my dad and i told her you cant see your dad. Ron elgis got the call. Do you remember that call . Yeah, because i was sleeping. Woke up to a big problem, killing didnt make sense. Appearing that ghost had done this, no evidence, no weapon, everyone in the house said i dont know. A ghost. Thats what it feels like because you have no idea. How was it possible melissa hadnt seen the person that shot ben, had been lying right next to him. Why was she unharmed. Thats a red flag popping up, doesnt seem right. And had craig, melissas teenage brother slept through the whole thing as he claimed . I opened my eyes and right in my face was a bunch of barrels from a machine gun. Police guns he was looking at, police who had discovered shotgun shells on his dresser. Was he faking . Melissa, craig and alyssa were taken to the police department. Best friend jamie got a phone call. It was alyssa, im at the police department, come down here, my daddys been shot. Alyssa was being grilled by detectives. Had questions, lots of them. So many things about the murder didnt make sense. Why didnt they take you out, you were right there . Thats what i thought. And another thing, you dont see anything . I dont know. Honestly dont know. Maybe the man ben warned her about, a rough customer, once dated dawn and threatened to kill any man dawn had been with. Was this true . Sleepy but unharmed. Man in question was hundreds of miles away when the murder happened. Again the questions for for melissa. Sometimes people know more than they want to tell or share. But im telling you, i honestly dont know. Alyssa was six by this time, only person who remembered seeing anything unusual and she told the detective right away. I woke up, heard this creek, saw somebody walking in. And then i just went back and do you know who they were . I dont know who it was. She saw a shadow in her doorway looking at her, the shadow left. She went back to sleep and melissa came in, grabbed her and was talking to 911. The bullet that killed ben was a number 8 bird shot. Same as in craigs room. Question to craig. Apologize for doing it but i have to, did you kill ben . I did not. Sure enough when they tested craig for gun residue or blood cast off, he was clean. Could not have fired that gun. Back to melissa. Doesnt make any sense to me either. Its not necessarily a bad thing. Its the worst feeling that you think youre to blame for your husbands dead. I understand that, im not blaming you, im asking you to help me solve the problem with the questions im asking, okay . Because there was blood on melissa and gunshot residue. I dont know what to tell you. Just the truth is all im hoping youre giving me. Melissas friend jamie was there when she came out of the interrogation room. Melissa just dropped to the floor when she saw me. She had a little bit of blood on her. She just said i didnt did do. And we i know you didnt do it. But jamie knew there were others and not just the police who were very suspicious of melissa. Shes the prime suspect, the wife, laying in bed with him, doesnt make sense she wasnt shot. Did melissa do it . Jeez, i hope not, but i knew she could have, why wasnt she shot . If she did commit the murder, shes going to make a mistake, you can only live that lie so long. Coming up, a new clue, what Police Believe might be a reason for murder. 400,000 Life Insurance policy. She had the motivation to want this to happen. When dateline continues. Announcer does your home wifi need a boost . It could be as simple as repositioning your wireless gateway. Place your xfinity xfi gateway, or your other gateway out in the open, off the floor, and close to where you use your devices most. Dont crowd your gateway. Avoid other electronic devices. Need even more coverage . Adding xfi pods may help extend the wifi signal in your home. To get the most out of your wifi, go to xfinity. Com wifihelp. And platelet donations and asks all healthy donors to schedule an appointment to give. Now, with the corona virus outbreak, it is important to maintain a sufficient blood supply. Your Blood Donation is critical and can help save lives. Please schedule an appointment today. Download the blood donor app. Visit redcrossblood. Org or call 1 800 red cross today. You can make a difference. Melissa oxley was just 27 years old and already a widow. Her 36yearold husband, ben, shot dead while he slept in bed right next to her. As far as she could tell, said melissa, the shooter managed to break into the house, walk right into the master bedroom, shoot ben without harming her and leave not a trace of evidence behind. The case boggled the detectives mind. Is there somebody who doesnt like him . Is it a murder for hire pay . What could this be . Melissas closest friend believed her when she insisted she had nothing to do with it, in fact, she lost the love of her life. And that now she and those around her were probably in terrible danger. Because you dont know who did it. You dont know if theyre going to come back for melissa. Melissa was supposed to be in that. Melissa meanwhile tried to be a source of comfort for her 6yearold stepdaughter alyssa. The little girls father had been her world, leaving her now in a world of chaos. And with her home and love nest now a crime scene, melissa and alyssa moved in with the woman who had been the bridesmaid, jamie, and when curtains were drawn, watched melissa in pain. Many nights i would hear her, i just went and laid in bed with her. I didnt sleep, couldnt sleep. Just getting into a bed after that happened i didnt want to. So where would you sleep . On the floor. And if the pain and suffering of losing her husband wasnt hard enough, melissa was a lead suspect and not just in the eyes of the police. Because nobody including the public, including the family had any idea why this would happen. Theyre all grasping at straws to try to figure out this possibility, that possibility. Bens sister was certain that melissa arranged bens murder and wasnt afraid to make it known around town. She had quite a little following of all these people. Its always the wife, you know. So did that mean little alyssa just 6 years old so vulnerable was living with a murderer . Alyssa began to spend more time at her mother dawns house and one day while she was there, bens sister warned her about the stepmom she had come to love. She told me that she thought my stepmom killed my dad that night. Must have been pretty weird to hear that. Yeah. I didnt believe it. You didnt believe it at all . No. But if alyssa didnt believe it, others did. And before long they had more ammunition because of Something Else the detective discovered. A 400,000 Life Insurance policy. It sounds a lot like she had the motivation to want this to happen. And once again, melissa found herself answering difficult questions. I didnt even know about the insurance policy. I guess i was sort of naive to it. We were looking at it for retirement. But while the investigation went on, the Insurance Company held back any payments while the whispers went around. It was shocking really. Ben had been dead just a few months, and melissa was dating already. It was soon sort of but it was like if i didnt do it then, you almost would get stuck in this rut of never doing it. I would have just hung up the towel and been done. Put on a black dress and be a widow the rest of your life. Yeah. The detective, of course, was keeping track and trying not to be judgmental. She has to do what she needs to do to heal. It doesnt mean i wasnt paying attention to what was going on. But as months passed and elgis scratched away at the few paltry leads that went anywhere at all, a certain clarity began to emerge. Despite his own early suspicions and those of others, hard evidence against melissa just didnt materialize, in fact, he couldnt help thinking she probably didnt do it. She was so startled she went into a fight or flight response and just jumped out of bed. And then went to a normal reaction which is whats going on . And thats when she discovered that he thats when she discovered he has been shot. But there was another reason melissa dropped down the detectives list of suspects, and that reason was a certain someone else who it became clear did not like that love story we told you about. Not one bit. I said what did you do . What did you do . And she said, what do you mean what did i do . Youve known me all these years and you would think that i would do Something Like that . And i said, absolutely. Coming up, a whole new theory of the crime. A whole new list of suspects eager to share secrets. I didnt know. I didnt know. No, no, no, no, no. When dateline continues. No wonder you rub your eyes hundreds of times a day. But now, relief is just one drop away. Introducing pataday® full prescription strength pataday works right in your eyes. Right on the cells that make them itch. Fast. Just one drop, once a day means relief that lasts all day. So turn your day, into a pataday. Now get pataday without a prescription. Everywhere. And its negatively impacting your enamel. Eating and drinking healthy things that are acidic thinning and yellowing can happen as a result of that. Pronamel is a proactive solution designed to help protect your enamel. Hello, im dara brown, u. S. Is leading the world in deaths related to coronavirus, surpassing italy, more than 20,300 in this country. World Health Organization is investigating reports of recovered coronavirus patients later testing positive again for covid19. South korean officials said this happened to 91 patients, days after cleared of the virus but before they were discharged from the hospital. Back to dateline. Im keith mel vin, shifted o someone they believe held a grudge. Story she would tell would send it in a new direction. If you knew ben, theres no way you would want him dead. I couldnt think of anybody that would want him dead, you know, besides dawn. Dawn, dawn oxley, ben oxleys exwife, alyssas mother. And as more than a few gossipers pointed fingers at melissa, bens best friends told each other everything in me said that dawn had something to do with that. Of course, just a few years back that sort of thinking would have been unimaginable to dawn and bens best friends scott and cindy graham. Not dawn. Dawn, the force of nature, the center of any room she was in. I dont know if its manipulating or what, but everybody agreed with dawn. As long as dawn was happy, then were all happy. But after five years of marriage, neither ben nor dawn was happy. And the marriage went up in flames. Ben had cheated on dawn. I could see that. This probably wasnt going to be something that she was ever going to get over. Dawn changed after that said cindy, didnt seem to want to act like a parent anymore. She met a guy and she would stay the night at his house. I mean when her kids are calling us up saying we dont have any food in the house, can you come and bring us food, theres a problem. And so when dawn and ben went to court to fight for custody of alyssa, cindy had to tell the truth. I told the judge that dawn wasnt taking care of her kids anymore. They werent a priority. They werent even number five. When ben won custody of alyssa and more than 200 a month in child support, dawn was devastated. This is her mother sherry rosten, a retired deputy sheriff. She would sit in the garage and just bawl about not about not getting her day in court. This was eating her alive. Yeah. It was really taking its toll on her. Dawn started drinking heavily. Her teenage son devin watched his mother fall apart. She started to lose jobs. Its like all hell broke loose in her head. But murder . Remember, the police went to see dawn just a couple hours after ben was killed, found her fast asleep. What time did you think you went to sleep . Oh, gosh, i watched a movie the departed and, i dont know, about 4 00. In fact, she happened to be sharing her bedroom with a 21yearold family friend named james matlian. We watched a movie and went to bed. Yeah, thats her story. Thats it. Not exactly a convincing alibi. Any more than the obvious fiction that james, a new man in her life, was just a friend. Even less convincing when detective ron elgis learned about a trip to a 7eleven store, middle of the night, an hour and a half before the murder. Why are they hiding little pieces thats seem insignificant to what is going on . Then we started to do surveillance on them. Now theyre starting to get worried because they think were watching them. Surveillance photos show her with james and her two daughters, brandy, her 13yearold daughter from a previous marriage and alyssa, 7 by this time. Thats right. A year into the investigation, little alyssa was back with her biological mom, with ben dead, the courts had weaned her back there permanently. So there you are still trying to grieve the loss of ben at the same time as alyssa is being pulled back toward dawn. Yeah, i lost both of them truly. And, well, while the police were watching dawn, dawn was telling her children including brandy that the real suspect was melissa. She confidently told you it was melissa that committed this murder . Yes. Brandy was hearing that from her mother, dawn, who she could see was drinking too much, getting duis, spending more than a few nights in jail. They started getting arrested dawn and james both. We were finding reasons to take them to jail. And while they had james, they asked him point blank about the murder of ben oxley. Did i kill ben . No. Do i know who killed ben . No. Did dawn kill ben . No. Do i know anything about the murder . No. Were you and dawn involved in any way in the planning of the death of ben . No. Im looking you in your eyes. I did not kill him. But that was it. Lots of denials. No real evidence. A year and a half had gone by since the murder. It was the summer of 2009. On toward cold case territory. Getting there. Then one afternoon as detective elgis was recovering from a night on the graveyard shift, his cell phone rang. It was dawn oxley. She said she couldnt take it anymore. She wanted to talk. What were you thinking on the way to see her . Its about time. The detective drove over to dawns house. She was inebriated. Im hurting. But she had quite a story to tell about james. About how he offered to murder ben. The night ben died, he said now or never. And i said no. I said not today. Dont do it. No. I said no. I said no. No, no, no, no. Hours later, she said, james woke her up from a sound sleep and told her ben was dead. But that, she said, is all he told her. All she knew. So youre confident that james had something to do with it . I dont know. But was that really all she knew . Dawn had a 16yearold son named devin who detectives learned was at home and listening in the hours before ben oxley was murdered. So if anyone could confirm dawns version of events, surely it would be devin. But he wasnt talking. Not yet anyway. Coming up, the question haunting this whole case. Whats our evidence . Was there any proof against anyone . Prosecutors were about to make a deal to get the evidence they need. Do you want to talk about this case . 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Thanks to dupixent, the addon treatment for specific types of moderatetosevere asthma. Dupixent isnt for sudden breathing problems. It can improve lung function for better breathing in as little as 2 weeks and help prevent severe asthma attacks. Its not a steroid but can help reduce or eliminate oral steroids. Dont use if allergic to dupixent. Serious allergic reactions can occur, including anaphylaxis, which is severe. Tell your doctor right away about signs of inflamed blood vessels, such as rash, shortness of breath, chest pain, tingling or numbness in your limbs. Tell your doctor if you have a parasitic infection and before stopping any asthma medicines, including oral steroids. Du more with less asthma. Talk to your doctor about dupixent. Others see cracked concrete, instrundown courts. Ere. I see a way to bring pride back to communities. Thats why i made project backboard and a site with godaddy. How will you make your mark . Make the world you want. Finally, the story of ben oxleys murder, bit by bit, was leaking out. But could dawns version be believed that she had nothing to do with it . Heres what dawns mother sherry thought. I can see her sitting there saying, god, i wish he was dead. Yeah. And i can see james going you want me to go kill him for you and her going whatever . It was more of a disbelief than an affirmation. Thats the story dawn told, too, she did not want james to kill her exhusband. Do you want to talk about this case . You know i do. Okay. It was now the fall of 2009. Dawn was in jail for a dui and agreed to talk in more detail about the night of ben oxleys murder. And he said do you want me to go do that . Im sitting there going are you serious . Are you kidding me . All i know is hes on the phone. Hes asking me if i wanted him to go take care of ben and i was saying no. And then she went to sleep, she said. And the next thing she knew, james was back. He woke me up and he said its done. I was totally drunk. And then turned around and now im waking up out of a dead sleep. Im like what the hell are you talking about . He said the cops are going to be here. Seriously right now youre telling me the cops are going to show up at my house because my exhusband is dead . And she did not take part, she swore, not at all. I didnt drive. I was not i didnt. I did not go anywhere. I did not plan this. I did not want ben dead. So truth or fiction . There was no solid evidence earring either way, nor than James Matlean killed ben oxley, only dawns story at which point the assistant District Attorney tom gregory decided he needed her help. You love to get everybody involved in the case, but theres a reality in many cases that sometimes you need the help of one of the people involved to get the main person. And so dawn oxley was offered a limited immunity agreement, cooperate with the prosecution, testify truthfully against James Matlean, and you wont be prosecuted. A sort of get out of jail free card. Why go ahead and make that deal with her so soon . You had her statement. Why not hold off for a while and be patient and then get them both . Lets say we dont do the deal with her and we go out and arrest him. Whats our evidence . Dawn signed the agreement and james was charged with firstdegree murder. But the end of the story, oh, no, not even close. The truth had been hiding but it was itching to come out. Young devin, remember him . Dawns son . Devin finally decided it was time to reveal what he overheard the night of the murder. My mom was like i want ben to die. I just want him dead. Yada, yada, and james said ill go out and kill him right now. You just say the word ill kill him. She was like a broken record. I want him dead. I want him dead. Sound like a woman who was shocked when the murder happened . But there was more. It was after that when James Matlean told his attorney it was time to tell the whole story. I could tell he was telling the truth. Over the course of 15 months, hes always told the same story. So now comes another story. James story. Not a love story this time. Nobody could believe that i did what i did. I had never been a violent person. James did not have an easy start in life. By the time he was a teenager, he was drinking, doing drugs, stealing things. I had pretty much given up any hope on continuing successfully in life. Dawn, after her marriage to ben, befriended james. Made him feel rescued. Gave him a place to live. He had just been paroled from prison after doing time for stealing a truck. Kind of gave me a sense of hope. There was somebody out there besides my mom who cared. At dawns house, james discovered what others had, he said, as long as dawn was happy, everybody was happy. And if she wasnt well, then james could not be happy either. She was very, very upset the fact she lost alyssa. And she went on rants, he said about, ben oxley, a man james didnt know, had never met. But he listened. Kind of felt like you were in love with her . Yeah, for a little while. It gave me a sense of feeling wanted. And then he realized, he said, she would never be happy unless he fixed what was upsetting her. I just wanted to make dawn happy. So what happened . Dawn and james stories begin the same way. February 20th, 2008, night of heavy drinking at dawns house, a heated conversation about ben oxley. James asking dawn if she wants to have him killed. But thats where the stories diverge. Dawn remember, says she told james, no, dont do it and fell asleep on the couch. But thats not james story. She was ecstatic about what happened. She was happy i was going to kill somebody. It was after midnight. Dawn drew him a diagram of bens house so he could find his way to the bedroom. Then he went to the 7eleven, with dawns bank card, drew 40 out of the atm and then they went to the walmart. Dawn waited in the car while james did the shopping, shotgun shells, gloves, a flashlight. She was just very happy about it like you would imagine a kid going to disneyland, you know . But there was a problem. Theyd forgotten to bring the diagram of bens house with them. The plan wasnt for dawn to go in the house. The plan was just for me to go in the house. I didnt know how to get in. Or where the bedroom was . Or where the bedroom was. So dawn had to go inside. The front door was locked so dawn took him around back where a sliding glass door was unlocked and they eased their way in and walked down the hall. Then said james, dawn pointed him towards the master bedroom. And i turned around and she was going into alyssas room. Going into the room . Yeah. She was about half her body was into the room. She said she was going to take alyssa with her. I said you cant take alyssa. Is this true . Remember, alyssa just 6 years old at the time told police she remembered seeing someone in her doorway. I just looked out and i saw somebody walking in. And then said james, he walked into the master bedroom, saw ben and melissa sleeping in the moonlight. And i raised the gun. Thats where everything in my mind that should have happened three or four hours ago happened. I started thinking why am i here . Something i heard to my left a sudden noise . Yeah. And as i turned and jerked to see what it was, i pulled the trigger. He ran then, he said, left the front door wide open. Caught up to dawn with the truck. Who drove . She did. I started yelling at her when we got in the truck. The truth, said james, all of it. Dawn knows the truth and i know the truth. And thats all that matters. I take full responsibility for what i did. Dawn needs to take full responsibility for what she did. Coming up, was ben the only one who was in danger that night . What was it like to hear that . Unreal. One more revelation still to come. When dateline continues. 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Tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. If you take asthma medicines, dont change or stop them without talking to your doctor. So help heal your skin from within. And talk to your eczema specialist about dupixent. Its a rare thing to sit in a jailhouse room such as this while a murderer confesses chapter and verse, denial of the more common language here. I pulled the trigger. But James Matlean did not shrink from it. He murdered ben oxley in his sleep and must live with what he did for the rest of his days. Im afraid to deal with what i actually did. In december 2011, he told his story in court. It was after the d. A. Took the Death Penalty off the table and james decided to plead guilty. And thats when melissa sitting in the courtroom heard for the first time about Something Else james was supposed to do, kill her, too. Dawn asked me if i would kill melissa. I just automatically just said, yeah. There was a bullet there for you. What was it like to hear that . Unreal. Do you believe that she was in the house that night . I do, which makes me sick. I have a harder time with dawn than i do james, because if it wasnt for her, none of it would happen. And thats where Melissa Oxley and james attorney kent stover firmly agreed, only half a measure of justice since dawn is protected by that immunity agreement she signed with the d. A. James is not the type of boy whos going to go out and commit a murder in the hopes that dawn will find it acceptable. He didnt do this as a surprise gift. Dawn declined our request for an interview. But her mom, the retired deputy sheriff, has remained in her corner. I know that a lot of people believe that. That it was a blatant conspiracy on her part. But i dont think dawn really wanted ben dead. I dont think dawn was there. Youre trying to hold it all together. All the way along and even now. You have to understand. Ben was a good guy. They had their problems. Everybody loved him. He didnt deserve to die. So it was a he said she said story. And the d. A. s deal with dawn to the dismay of james attorney means she may never face a murder charge. The prosecutor made a deal with the devil. Now we just need to show him how far in hell she is. Deal with the devil . The d. A. Says without dawns testimony at the preliminary hearing, the murder charge against james would never have stuck. And dawn isnt totally off the hook because there is one possibility still. If the d. A. Could find hard evidence that dawn lied when she was given that get out of jail free deal when implicating james its still open case, if somebody comes in with credible evidence that she did go, we could prosecute her. She went to prison on another offense. She pleaded guilty to using her teenage daughter brandy to sell prescription drugs. Was she employing you as her assistant in that business . I was driving, yes. Dawn was released from prison in march of 2015, but not to be the mother of alyssa. Judge terminated. Alyssa and brandy moved in with melissa. Melissa who offered them the kind of family life they didnt know with their biological mom. It is a family and thats what i need. In 2011, after leading guilty for murder, James Matlean waited to be sentences. Is there redemption for a person like you . I dont know. I dont expect anybody that ive harmed for hurt to forgive me for what ive done. You looked in the lens as you said that. Youre talking to them. Right . Im talking to melissa. Im sorry. In exchange for his guilty plea, the d. A. Agreed to recommend that james could be eligible for parole after serving 24 years. All rise. The final decision was up to the judge. Defense attorney stover made the argument. And then melissa took the stand. Emotionally the damage you have caused me is almost unbearable. For alyssa, you crumbled her foundation and everything she knew to be right and true. And as hard as this is to do or believe, i also want to you know i have found it in my heart to forgive you. And then james got his sentence. The murder charge, youre sentenced to life in prison. Life without parole ever. Afterwards the little girl in the middle of the family drama turned to melissa with a remarkable request, alyssa asked to meet with james and was ushered in to see him before he was whisked away. I told him that i decided to forgive him and that i wanted him to have hope. And she wept then, tears of forgiveness, the lingering grief for her father. As for melissa, after the trial she told us she was ready to move on. Where will you keep ben . Always be in my heart, will never be forgotten, but we do have to go on, we still have to be here and live a daytoday life. If hes looking down and watching you, what would he think about his daughter . I think he still loves me and im doing much better than i was at my other house. Do you miss him . Yeah, i miss him a lot. Youre a pretty strong kid, arent you . Yeah. And thats all for this edition im craig melvin. And im natalie morales. And this is dateline. I just cant see why someone we knew would want to hurt her. How could this happen . How could this happen to someone that we knew . Its been a very long 13 years. Homecoming queen hannah hill was just 18 when she disappeared. Everybodys sweetheart. This doesnt happen to people like her. What, why, where, when . And who . Was it her boyfriend . They had fought before. Did you verbally abuse her