motive was just jealousy. despite the fact that she was conducting an affair of her own, i think that she was just completely enraged that sam started stepping out on her as well. >> reporter: but in order to prove that in court, fraivillig felt she would need something she didn't yet have -- a statement from michael saying danielle acted as his accomplice. so she waited, thinking time would compel him to come forward and admit danielle was involved. he never did. michael maintained danielle played no role in sam's murder. was this possibly a twisted act of chivalry? >> i think that certainly one of his motivations, if not his sole motivation, was trying to protect the woman that he loved. >> reporter: did you say to him, why are you protecting her? >> yes. and he said, i'm not. he said, i'm not protecting her. >> we were hoping he would contact us through his lawyers