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Transcripts for MSNBC Dateline 20211211 09:28:15 archive.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from archive.org Daily Mail and Mail on Sunday newspapers.
Alone. reporter: that s a big step. did you feel safer? yeah. reporter: but then tom, all of 23 years old barged into bryan rein s place middle of the night when she was there, demanding to know the 31-year-old doctor s intentions. what did bryan think of this? he thought he was a stupid kid. reporter: well, he was being a stupid kid. you d have to agree with that. yeah, because i asked him, should i file a restraining order? should i do something? and he said, no, he s just a stupid kid. he ll get over it. just give him time to get it out of his system. reporter: but he didn t get over it. and one night when nobody was home he went into ann s house, into her bedroom. and he said he found my journal and read it. reporter: what did it feel like to have your personal journal read like that by him? it just felt like i d been violated. reporter: how did ann learn about it? tom told her. and quoted from her journal. at the end i said and it ....
Suspect, no question, was still tom jaraczeski. but how to prove it. well, as luck would have it, a bloodhound was at the crime scene that day owned by a local guy. a dog named calamity jane. so they let the dog sniff tom s baseball cap. and? the dog went right into the trailer, went right out the back door, went right to where the holster had been found, went right to the caragana bushes where there was an indication that somebody had been standing in there. reporter: what did you think? well, we believed that was a connection. that was the closest thing we had to a link from tom to the holster to a possible hiding spot. reporter: so you must have thought, we got him? well, it was the best that we had, given that we had no physical evidence. reporter: of course, they kept trying to find some of that, too. at tom s place. what did they want from you? ....
Attorney peterson could not have been more surprised. it was almost verbatim the same affidavit that was used in 1998 to charge him. reporter: no new evidence? none. i couldn t believe that they would bring these charges back up again and not have one piece of new evidence to justify them doing that. reporter: you were mad? it made me mad, yes. i know i m not being very outraged about that. we defense attorneys have to control our emotions. reporter: who was the defense attorney angry with? we had a prosecutor with a big ego, fashioned himself to be a cold case expert and an investigator who has stewed about this case since the beginning of it in 1996 and had an obsession with tom. ....
reporter: besides, he said, tom already admitted he d been around there days earlier. maybe that s what calamity jane hit on. so bob peterson got calamity jane s handler up on the witness stand at a hearing here at the courthouse. and what do you know, neither dog nor handler were properly certified. when i asked him for all the paperwork, he told me about how he d put the paperwork about the dog and himself on top of his suburban and it had, unfortunately, all blown away. so he couldn t provide it. reporter: not quite the dog ate my homework, but close. so what did the judge do? he threw out the evidence. and just like that, the state dismissed the case against tom because without calamity jane, the prosecution decided there simply wasn t a provable case. ....