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The state. they just said we forgot to do it. reporter: but the centerpiece of the defense case against the cops was something else they didn t do. they d been so busy investigating seth, who d been behind bars since his arrest two years before, that they never really paid attention to lisa. the new defense team would change all that starting with her cell phone and the secrets it held. you found out the story told by the phone, that there was some guy, co-worker right. reporter: it was a bombshell. lisa was having an affair with a fellow jailer. her lover was a married man, a father of four. this is not making out in the back of the car. no. he thought he he could be the father of the child. he thought that. reporter: so they called lisa s lover, jason tennis, to the stand. and back in may of 2012, did you know a lisa techel? yes, i do. reporter: jason testified that the affair started before lisa married seth and ended just ....
here s a legitimate suspect that should have been investigated. reporter: investigators never spoke to jason while they were building their case against seth. prosecutors finally contacted him just days before the third trial started. between may of 2012 and sometime in june of 2014 no one talked to you didn t talk to anyone about this at all? no, sir. reporter: but prosecutors fought back. jason had an alibi witness his wife. they called her to the stand. do you have any memory, miss tennis, as to the whereabouts of your husband on may 26th, 2012, at approximately 5:00 a.m.? he was sleeping with me at our house. reporter: and dna testing on jason done right before trial also proved he was not the father of lisa s baby. but the defense still believed that raising the story of lisa s affair and how police never uncovered it would give jurors ....