Transcripts For MSNBCW Dateline 20200801

40yearold men dont just drop dead. Too many coincidences. They believed it was a poisoning. Someone else was there with him that morning. This is now a Murder Investigation. 100 . Oh, my god, this cant be happening. Reporter a new love makes the world seem a little brighter. He had a very smooth, i wanna say, almost sexy way about him. Reporter makes the heart beat a little faster. Reporter was it passionate . Yeah. Reporter but when that love is forbidden. I was, like, what . How can that be . How could i not have known . Reporter a family would wonder if other secrets might be hidden. Why would you do this . How could you be so irresponsible . The whole thing was an atrocity. It wasnt a tragedy. It was an atrocity. Reporter it all began just a couple of hours north of new york city. A photographers dream called the Hudson Valley. Rolling hills. A majestic river. And quaint small towns. For linda kolman, it was the Perfect Place to raise a family. I grew up in saugerties. Small schools, you know. Just involved in sports and things like that. Reporter everyone seems friendly and it just seems kind of yeah, theyre smallhome towns, you know . Reporter its where linda lived with her husband tom and their family. A loving home where they celebrated birthdays and holidays. Thanksgiving 2011 was a busy time, visiting relatives, overeating, and watching football. He just loved the game of football. And he was a giants fan from a kid. Reporter and you took him to his first giants game. I did. I have pictures of him, like, you know, standin down by the field like, look at me. Reporter kid in a candy store . Yeah, yeah. It was great. Reporter both linda and tom had been married before, but this felt like the real deal. Reporter what was it about toms personality that made him so lovable and made you love him . He had a shyness about him that was sweet. He had like a like a kinda shy, flirty kinda way. It was just adorable. Reporter when it came time to tie the knot they rolled the dice and eloped. Reporter Little White Chapel . A chapel in ballys. Yup. It was beautiful. Flowers, music. Really beautiful. Well, it was unusual, you know, walking through a casino and someones got a wedding gown on. Reporter the only guests were lindas parents and toms mom and dad, marie and tom senior. Reporter did they seem like a good match . I think they fit, yeah. Reporter both tom and linda had kids from their previous marriages. But a few years later, they welcomed a child of their own, ryan. He would say all along through the pregnancy, i dont care if the girl or boy, ill love it either way. You know, but i kinda knew deep down he wanted a boy. And so when he was delivered and he saw it was a boy, he cried. He was so happy. Really happy. Reporter did you immediately see a relationship made in giants heaven after that . Oh absolutely. Reporter they were a blended family his, mine and ours as they liked to call it. Linda had a daughter who lived with her and tom. While, toms two kids from his first marriage lived in colorado, brad and daughter jillian. I grew up knowing that my stepsiblings were my siblings. It never felt not normal, you know . It felt like at dads house, that was my house. Reporter and despite the distance, tom was very close to his oldest kids. I was a daddys girl, definitely, no doubt about that he always made sure that whenever brad and i were in town that we would have fun. Like we we wouldnt just, you know, be sitting around. We always had fun plans. Reporter jillian and her dad talked on the phone all the time. Thanksgiving weekend 2011 was no exception. And i remember we hung up and we blew a kiss over the phone like we used to when i was ten and we hadnt in years and i thought that was cute. Reporter and when the weekend of family and football was over, it was monday, november 28th. And lucky for tom, the new york giants were on tv. He stayed up and watched the football game, a giants football game. I went to bed. Reporter the next morning, as usual, he was up and out of the house before linda and the kids were even awake. He normally got up to go to the gym, around 5 30 and gimme a kiss on the forehead. Reporter after working out, like clockwork, he always went straight to his job as a physical therapy supervisor. He and linda usually texted soon after. But when linda sent him a message that morning i didnt get a response. And normally, toms very good at responding. I was gettin a little concerned. But, you know, maybe hes in a meeting, maybe hes, you know, whatever, hes tied up. Reporter she wasnt really worried until her phone rang. It was a friend of toms named gil. I got a phone call from gil saying have you heard from tom . And i said, no. Have you heard from tom . And he said, no, but he didnt show up at work. Reporter whats going through your mind . Is there concern or just, oh, maybe hes at the gym . Tom would never miss a morning of work. Reporter linda jumped in her car to to retrace her husbands steps, hoping to find him. She never imagined that search would lead where it did. When we come back, lindas heartbreaking discovery. I saw his car. I was like oh, my god. He had gone to gym. In fact, he was still there. Im like wake up. What are you doing . Theyre looking for you at work. I was like oh, my god, this cant be happening now. When dateline continues. Still fresh. Unstopables inwash scent booster. Downy unstopables. Children are suffering from treatable causes, living with conditions many have never seen. For more than 40 years, mercy ships has deployed floating hospitals with volunteer doctors who give their time to provide the free surgeries these children desperately need. I feel like my reason for being here is driven by love. I think its the love that changes the patients first. Join us. By calling or going to mercy ships dot org now. 19 a month will give children and families the hope and healing they never thought possible. And turn lives of pain into futures full of potential. Its a mission powered by love. Made possible by you. Call the number on your screen or donate now at mercyships. Org reporter tom kolman wasnt the kind of guy who didnt return calls from his wife and he always showed up for work. His family says he loved his job as a physical therapist. He was always dedicated to, you know, his work. And he loved it so much, he went to get his doctorate in physical therapy. Was he the type of person who liked helping people . He did. Elderly people just loved him. He was such a sweetheart. Reporter so that morning when tom went mia, linda was frantic as she jumped in her car to look for him. He usually goes to the gym and then to work. So i went to the gym. And i pulled in and at first i didnt see his car. But then as i pulled further through, i saw his car. I just pulled up alongside and i looked over. And i was, like, oh my god. He was layin down. And i thought, he fell asleep. Like, he looks like hes sleepin. And so i jumped outta the car and i opened the door and i jumped in. And i was, like, wake up. What are you doing . Theyre lookin for you at work reporter but tom wouldnt wake up. Linda called 911. Ulster 911, whats the address of your emergency . Im in. Im in the parking lot by Planet Fitness in kingston. I was looking my husband and found him in his car. And i dont know if hes breathing. What did you think had happened to him . At that point, maybe he had a migraine and took some migraine medicine and laid down. But hes not waking up while youre waiting for the ambulance, no matter what youre doing. His hands were really, really cold. And then i realized that his nails were blue. Youve got to send somebody. Maam. Are you able to check and see if his chest is going up and down . I dont think it is. Reporter paramedic, tim mitzel, was one of the First Responders. I believe we were here within about three minutes of the call. What did you see, as soon as you arrived here in the parking lot . Mr. Kolmans car was parked here. And mrs. Kolmans car was parked here. Mrs. Kolman was on the side. She was very distraught. Did you attempt to resuscitate him we did not. After my ex quick examination, i could tell that there was nothing that nothing that we could do. He had been deceased for a while. The paramedics, they just stood there. And i was, like, what are you doin . Like, help him. Just get in the car and help him. Like, and they just stood there. They were, like, no. And i was i just was, like, shocked, like, can you just try, you know the one just said, no, he hes gone. And he did, he just felt so cold. Did you just feel like this is so unfair . Yeah, i just i just was, like, oh my god, this cant be happenin now. You cant leave us now. Reporter shortly after toms friend, gil, called linda, and rushed to the scene. Thats him in this dashcam video off to the right, collapsing in grief as he learns the news. Meanwhile, First Responders and arriving officers processed the scene. Anything unusual about his body . Or did he just look peaceful . His trousers were open h just a little bit. His collar was undone. His shirt was kinda pulled out. And he was reclined back in his car. And i felt like he it looked like he took a nap and didnt wake up. There was a little presumption that it may have been a heart attack or, you know, cardiac event, or something had happened. He was a large man. Reporter but since toms death was what police call an unattended death, there had to be an investigation. Detective mike thomas and lieutenant kyle berardi both worked the case for the Ulster Police department. They took note, of how linda, the wife, was reacting at the scene. Her demeanor, was it exactly what you would expect from a wife making a discovery like this . 100 . 100 . There was nothing out of the ordinary with her reaction, her words. It was more hysteria. Reporter Police Escorted linda down to the station to ask her questions about toms health. She had mentioned to us that he had hypertension. He had sleep apnea, which if youre not familiar with sleep apnea, unfortunately, they ultimately stop breathing at certain times during the night. That sounds dangerous. Absolutely. He was diagnosed by his doctor as having a severe case of sleep apnea. Did you, kind of, think that this was g going to be an open and shut case once you got the autopsy results . Yeah. Absolutely. And and that unfortunately was not not the outcome the next day. Reporter instead, the results would turn this tragedy into a tangled mystery. Coming up 40yearold men dont drop dead like that. He was always in good shape. Exercised and everything. You look at the closest people first. Usually the spouse. A blockbuster new clue. What did that video show . We were able to observe a white suv arrive in the parking lot. Someone else was there with him that morning. When dateline continues. Heck, theyd come all the way out here just for a blurry photo of me. Oh, thats a good one. Wait, whats that . Thats just the lowbattery warning. Oh, alright. Now its all, check out my rv, and, lets go fourwheeling. Maybe theres a little part of me that wanted to be seen. Well, progressive helps people save when they bundle their home with their outdoor vehicles. So theyve got other things to do now, bigfoot. Wait, whatd you just call me . Bigfoot . My name is daryl. They have businesses to grow customers to care for lives to get home to they use stamps. Com print discounted postage for any letter any package any time right from your computer all the Amazing Services of the post office only cheaper get our special tv offer a 4week trial plus postage and a digital scale go to stamps. Com tv and never go to the post office again reporter just after a busy thanksgiving weekend, linda kolman found herself surrounded by family and friends again. This time it was not to celebrate, but to grieve. Tom, her husband of ten years, was dead. Think she was just in such a state of shock that its almost like she wasnt there. Reporter lindas sister, debra, raced to saugerties. My family were there my parents. And there were some friends. I had gathered some of the close friends. Reporter there were so many people to tell toms siblings broke the news to his parents. When i came home at 3 00, all my children were at my house. They were told, which was that it looked like a cardiac event and he didnt survive it. But we just couldnt believe it. Why didnt you believe it . Well, he was always in good shape, exercised and everything. All right, hes a little overweight. But still, he tried to, you know, he was he was healthy. Reporter his daughter jillian and son brad, found out from their mom, michele toms exwife. She just looked at both of us and no beating around the bush, just said, your dad is dead. And i just everything was a blur. I mean, words like, heart attack, and, aneurism, kept flying at me and none of it was registering. It was just utter heartbreak. The three of us stood together hugging and then collapsed onto the floor. But it did seem to be a really long time that we just didnt let go of each other. Reporter they flew to new york and joined the growing crowd at tom and lindas house. Linda was a wreck. She needed help standing up sometimes. She was just riddled with grief. Reporter as the kolmans made funeral arrangements, investigators met with the medical examiner to nail down the cause of toms death. What they heard changed everything. It was undetermined pending toxicology results. Reporter the medical examiner explained there was no evidence of a heart attack, aneurysm, or any Health Related event. You got an undetermined cause of death on a 40yearold male, which 40yearold men dont just dont drop dead like that. Are you still thinking that this could be medical or are you starting to think, we could have a homicide on our hands . You can think both at that point in time because weve had had to wait for toxicology reports to come back to to come up with a cause of death. But in the meantime, were were thinking i would say thinking the worst. Until we can disprove that its not a homicide, weve got to treat it as such. Reporter crime scene techs worked on toms car and took swabs for clues. While detectives set out to learn more about his movements on the day he died. Linda told police the last time she saw tom was the night before, watching football. She assumed he left for the gym the following morning around 5 30, so investigators pulled security video of the parking lot to see what that could tell them. It was dark and grainy but revealed a lot. In the video itself we were able to observe a white suv arrive in the parking lot of Planet Fitness and that was about 4 30 in the morning. Ten minutes later we actually see Thomas Kolmans vehicle pull into the parking lot and park right next to this white suv. Thats when we knew that obviously someone else was there with him that morning. The plot really thickened, im sure, after seeing that video. Yes. So this is the Planet Fitness right here . This is Planet Fitness to your right. This is where where tom worked out every morning. Ill pull into toms spot. Reporter bill weishaupt is a retired fbi agent and the chief investigator for the Ulster County District Attorney. He showed us in the light of day whats hard to see in that grainy video. This is exactly where tom was parked, right here. Which is as you can see, its a great distance away from the Planet Fitness where he normally worked out. And so this would not be a normal parking spot to pull into at that hour in the morning to work out in that gym. And the mystery suv pulled up where . Mystery suv pulled up right here. So they were both facing which is this is north. Could you identify a person, a make, a model of the car . What details were you getting . No, it was pitch black. These lights were not providing any illumination at all. The only thing we could observe was that the two vehicles were parked side by side for about 3035 minutes. Reporter the mystery suv left around 5 30am. But toms car never moved. What does that tell you . There had to be contact between the two to meet at this point, at that hour. So we knew now that someone had met with him prior to his death. And we now have to figure out who that is. Reporter easier said than done, of course. We just pulled up here. And lo and behold, there was a white suv here beside us. There is a white suv there. There is a white suv there. Once you think about it, theres a lot of white suvs. Theyre everywhere. Theyre everywhere. Reporter but thanks to the video, investigators now thought they had an important lead to help narrow their search. Whoever tom was interacting with in this white suv, he was expecting him. And he he knew him. Reporter time for investigators to start looking at toms inner circle. Picking apart his simple suburban life. Linda kolman, i would imagine, would be someone that you would wanna look closely at. No question. If theres a death that is not a natural death, you look at the closest people first, usually the spouse. Coming up he did want to talk to me. Soon they discover another reason to take a look at linda kolman. We had a relationship. Sexual relationship . Hes having an affair with linda koleman. It caught us off guard. When dateline continues. Heres whats happening on friday. Testifying before the house coronavirus Sub Committee dr. Fauci is confident americans will have access to a vaccine beginning in 2021. At that same hearing the nations testing czar said getting coronavirus test results within the 48 to 72 hour window is not possible given the current testing demand. If testimony comes as cdc predicts the death toll could top 180,000 by the end of august. Back to dateline. Reporter with no obvious medical explanation for tom kolmans death, Ulster Police decided to treat it as a possible homicide, but said nothing to his family. We just had to just s sit back and wait till we found out a cause of death. And thats what we did. We just sat back. Reporter for toms parents, burying their firstborn was excruciating. But something the funeral director said gave them comfort. When people c die, and if theyre well respected, people come from all over. And they did. I had relatives from rochester, long island, new jersey, virginia even from california. How moved were you at the funeral as you heard people speak about tom and all the love that was in that room . Just cryin all the time. Walking into the wake was probably one of the hardest things ive ever done. I i waited for all my siblings and all four of us walked in arm in arm, faces down, just bawling bef like and we walked up to the coffin and just all almost just collapsed together and just wept. Reporter detectives discreetly sent an officer to the funeral home to observe. If toms death was a homicide, they wanted to keep an eye on linda, but they also needed to find out if tom had any enemies. From speakin to everyone, including her, tom was just a great guy. He was a middleclass man, hard working, loved his family, would do anything for them. We couldnt find any enemies in the world that would wanna do anything against tom. You had a real mystery you had to solve here. Oh, absolutely. Reporter investigators were interested in speaking to anyone close to tom, including his good friend who raced to the scene that morning. Gilberto nunez was his full name and he was a prominent, local dentist, originally from the dominican republic. How long, i guess, have you known him . We be i mean, ive known him for four years but we were starting a friendship around three years ago. Okay. Reporter gil seemed to know a lot about toms life, his work hours, his marriage, even his medical history. Any medical conditions that you know of . Yes. That i know of, he had sleep apnea reporter investigators also fished for information about toms wife. Hows linda doing, i guess . Have you talked to her since tuesday . Yes. Oh, yes. Yes . Yes, ive been there. I go to the house and stuff. Okay. Hows she doing . Shes not doing too well. Yes . Shes very i mean, shes really, really bad. Shes in bad shape. Reporter but that wasnt all gil had to say about linda kolman. He had something far more interesting to share with the detectives. I dont know if you guys know but, anyway, me and linda we had a relationship, so. Okay. Sexual relationship, im assuming . Yeah. Whats that moment like when he reveals hes having an affair with linda kolman . I think it caught us all offguard because that was the first time we discovered thatwe had no reason to ask him about that type of relationship with linda. How long ago did that start . About a year. A year, okay. Reporter and gil revealed yet another detail that was even more surprising. Did tom know about that . Oh, yeah. He knew . He knew about our relationship, yeah. Okay. He found out sometime in the summer. Reporter gil said that not only did tom know about the affair, the two men continued their friendship. And he saw that i was honest about it, and he was honest about it, so we got pretty close. I mean, to the point of, like, he got me into football, which i didnt have a clue. How crazy is this, though, that tom continued to hang out with gilberto . They stayed friends even after he finds out hes sleeping with his wife. Better man than i am. Its just not the norm. Its not something that you see. I mean, is your head starting to spin a little bit . Were trying to get ahold of what we got now because it, you know, stemmed from unattended death in the parking lot of a fitness club to now we got all this. So and within days, the things are starting to pile up. Now. I would imagine you, more than ever, need to talk to linda kolman. We do. They did wanna talk to me. A few days after. And one of the first questions was, what is your relationship with Gilberto Nunez . Coming up he had a smooth sexy way about him. His personality was sucking me in. Did he kiss you while you were in the chair . Yeah. Which blew me away. Youre just living in almost two different lives . I had real life and i had fantasy life. Passion, secrets, anger. He comes right at me with it. What the hell is going on . Its scandalous. Imt i said this is whats been going on. When dateline continues. I. Well i switched to swiffer wet jet and its awesome. Its an allinone that absorbs dirt and grime deep inside. And it helps prevent streaks and haze. Stop cleaning. Start swiffering welcome to camp tonsafun on xfinity its summer camp, but in your living room. Learn how to draw with a minions expert. How to build an indoor Obstacle Course plus. Whatever shes doing. And me, jade cattapreta. The host of es the soup camp tonsafun. Its like summer camp, but minus the poison ivy. Unless you own poison ivy. In which case, why . Just say summer camp into your xfinity voice remote to join. Reporter tom kolmans cause of death was still a mystery. But detectives now had a juicy love triangle smack in the middle of their investigation. They asked linda to come down to the station to share her side of the story. I told em everything. I didnt care anymore. At that point, i wasnt hiding a thing. How did you meet Gilberto Nunez . I met him at my sons kindergarten orientation. He had a child in the same kindergarten class. He had a child in the same kindergarten class. Right. A son . Yes. Reporter that was in 2009, gil was married then. And the two couples started socializing. We all seemed to like each other and were friendly and, they would just say, hey, wanna go out to dinner, whatever, and okay. And then, you started to get to know him better . Over time, yeah. Through school events, or . Through that and then, our sons both did karate together. They were in the same karate class. Reporter tom and gil also hit it off and became close. Talking sport, and watching giants games. And like tom, gil was a handson dad. he went to all his sons karate classes, where he would see linda. So gil and i would sit next to each other and just talk. And this was, like, three times a week for an hour. What was it about gilberto that you liked . Very friendly, very personable. Reporter a year went by before linda says she realized something was happening between them. Every time he would leave, he would give me a kiss goodbye and on the lips . For him to give me a hug and a kiss on the cheek, you know, see ya next week. Kinda thing, really wasnt that big of a deal to me. Like, it was kind of his culture but then as the weeks started goin by, and i noticed when i was leaving, the kiss was no longer on the cheek. So i would go back to my car, like, was that an accident . Lingering or just quick . No, fairly quick. Reporter linda said nothing to her husband, and she and gil never discussed whatever it was that was going on. Until one day he finally said it. He actually called me one night. He basically was like, you know you know, i cant get you off my mind, youre beautiful. And, you know, i just i adore you. And i was like, oh. Thats a hot potato right there. Yeah, yeah. So from then, he started just textin me. Here and there we would talk, and it just progressed. Did you think he was handsome . Not really. [ laughter ] ill be honest with ya. But he had he had a way about him. He had a very smooth, i wanna say, almost sexy way about him. With the with the accent. Latin thing goin on. Yes, yes, totally, totally. Its his personality was sucking me in. Reporter it was early 2011. Both gil and lindas marriages were going through rough patches. In all honesty, you know, tom and i, we were havin some struggles in the home. What were you struggling with . I think probably the same stuff that every marriage after ten years struggles with. You know, paying the bills, workin two jobs. Reallife problems. Yeah, just yeah. And they were stressful. So was was gilberto a little bit of an escape for you . Yes, yes. Thats a really good way to put it. How does it finally get acted upon . I went and had some dental work in his office. So then you can imagine once im there and im in the chair and next step. Did he kiss you while you were in the chair . Yeah. Which blew me away. The fact that this dentist, this smart guy, this, you know, smooth guy who seems to have everything,would even want to kiss me, or choose me. Like, i just dont think of myself as someone why would he be interested in me, you know . Was it passionate . Yeah. Reporter pretty soon, they were meeting for sex. And by spring, gil had separated from his wife and was living in an apartment above his dental practice. You had a busy life, a job, husband, children, in a small town. How are you carrying on this affair . Still was the wife and the mother. I was home for my kids every night after work. And i would see him lunchtime. Reporter linda thought it was a wellkept secret. But maybe, not so much. A few months into the affair, someone tipped off tom with an anonymous text message. He comes right at me with it. You know, im getting these texts that youre with you know, that youre with gil. What the hells goin on . Its so scandalous. And i said, this is whats been goin on. I i cleared the table. You know, i have been having an affair. It was with him. Was there any part of it that felt, i dont wanna use the word good, but you got it off your chest, you werent carrying yeah. Around this secret anymore . It did. Because then, because then at least i could talk to tom about it. At one point he said to me, linda, i can see he has some kind of hold of you. Hes like, i see it. And he did. Reporter and linda told us what detectives had found so hard to believe. How did it affect tom, the fact that it was gilberto, and he was friends with both of you . Strangely enough, they still continued to be friends. That is so hard to grasp. I know it is. But they did. They cared, they cared about each other. They were, like, buddies. Tom would invite him over for sunday dinners. I know it sounds nuts. Yeah. I know it does. A little bit. Yeah. I i know. And what are how are you handling that . I mean im just, like, in the middle, like, what do i do . Youre the object of both of their affection. Yeah. And i loved them both. Wed say, well, you know, we dont have to decide tomorrow. We have to just take some time and figure this out, you know . Reporter linda says tom didnt pressure her to end the affair. To the contrary, he gave her the time and freedom to continue seeing gil and sort out her feelings. Youre just living in almost two different lives. Yeah. But theyve intersected. I had a real life and then i had fantasy life, basically. Reporter but everyone in the triangle knew it couldnt last. Linda had to make a choice, gil or tom. And a few weeks before toms death, she did. Coming up. Her husband or her lover . He threw me on the bed. Who would linda choose . He knew by my body language. Ask knowing me. He was losing me had she and gil been telling police the truth . Maybe linda wanted tom out of the way so she could be with gilberto . No question. Ro. 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For bathroom odors that linger try febreze small spaces. Just press firmly and it continuously eliminates odors in the air and on soft surfaces. For 45 days. Theyeach one suffering withds. A story that breaks your heart. Like ravette, who needed help, because every step brought her pain. Their only hope is a ship unlike any other. Mercy ships. The largest floating civilian hospital in the world to bring free surgeries and care to people who have no other hope. Only 62 cents a day. 19 a month will help provide urgently needed surgery for the worlds forgotten poor. If you have ever wondered how can i, just one person, make a difference . This is your answer. So many are still suffering. So dont wait. Call the number on your screen call or donate now at mercyships. Org reporter it was just a few days after her husbands death when linda admitted to detectives that yes, she was having an affair with her husbands best friend. For a little bit of time there, it was me, tom, and gil really tryin to to decide what we wanted to do, or what was i gonna do. They were letting me decide, you know . Reporter for months, lindas affection pingponged between the two men. That is, until her october wedding anniversary rolled around. She and tom decided to take the kids away for the weekend. I think it was really that weekend that i realized that i just want i just wanna be with my husband. [ light laughter ] hes my best friend. I love him. I dont want i dont wanna do this anymore. Ive been stupid and foolish and ridiculous and its i dont wanna do it anymore. Reporter you chose tom . I chose tom. Reporter a couple of weeks later, it was thanksgiving. Still on friendly terms, gil shared the holiday with tom, linda and their family. Monday, linda met with gil alone, but decided to postpone telling him their affair was over. Reporter what was that discussion like with gilberto . What did you tell him . The holidays are here. We have all these kids. Like, we cant you know . After the holidays. And he was, like, okay, ill wait for your decision, you know . Reporter do you think he knew . Hindsight, i think he knew [ sighs ] probably by my body language. And just him knowin me as well as he did, that he was losin me. Reporter that night, linda felt she and tom were back on track. I remember comin upstairs and he picked me up and threw me on the bed and was, like, ticklin me. I think we both just felt like theres light at the end of this tunnel. And this is the old us. Were happy and silly and and were gon well get through this, you know . Reporter the next morning tom was dead. And investigators were now learning details about his complicated personal life. A bit of a soap opera going on here. Funny thing is, prior to meetin you guys, we said this is a dateline case. Reporter and here we are. [ laughter ] here we are. Reporter despite what they heard from linda and gil, investigators were somewhat skeptical that this love triangle really had no jealousy or resentment. D. A. Investigator bill weishaupt. We had to try to determine, was there some type of relationship that we werent seeing between the victim and nunez . What was going on between the two of them that they would all that tom kolman would allow the sexual relationship to continue between his wife and nunez . Reporter did you have to think of the scenario that maybe linda wanted tom out of the way so she could be with gilberto . No question. That was top on the priority list. Reporter and the first question for investigators did linda or gil drive a white suv . Detectives knew that linda didnt. But gil did. He drove a white nissan pathfinder. I mean, there are a million white suvs out there. Sure. Reporter once you think about it and you start looking, theyre everywhere. Oh, absolutely. Reporter a coincidence, but a suspicious one. Detectives were also remembering how gil showed up at the scene of toms death to console linda, and his reaction struck them as odd. It was described as that he was hysterical, almost jumping up and down like a pogo stick. Very dramatic. Not a common reaction that you would see. Reporter if its a good friend, though, who died, is that not possible that someone would have a very hysterical reaction to that . You do see strange reactions from em, but i believe his reaction was more than overdramatic, would i say. We kept in the back of our heads for later on. Reporter both linda and gil told police the affair was now over. But investigators werent so sure, and began watching them closely. There was electronic surveillance in terms of constantly monitoring their phone records, their computer records. And we also had a a gps tracker on nunezs car for a while. Reporter what were you hoping to find with that . We just wanted to determine whether, in fact, they were still together, if they were together at all. Reporter it looked like gil and linda were telling the truth. After weeks of watching them, police found no signs theyd been together since tom died. Phone records also proved tom and gil were indeed friendly until the end, texting each other throughout that last giants game tom watched. And gil, like tom, was wellrespected around town. He works hard, and he is not interested in money, as far as i can tell. Reporter zach sklar is a patient of gils and has always admired his generosity. Does a lot of volunteer work in poor areas. Reporter did he ever say why he likes to do that . I think hes a man who cares. Its as as simple as that. I mean, he cares about his patients. And he cares that about, you know, people having access to good dental care. Reporter he was a member of the local chamber of commerce, a volunteer firefighter, voted one of the top Hudson Valley dentists five times, and chosen to endorse products in online ads. Im dr. Gilberto nunez. Im a practitioner in kingston, new york. It was a very thriving practice. We were v were very busy. Reporter his office manager, irene prehn, has worked for gil for 13 years. Hes always very positive and very upbeat, very kind. Hes a pleasure to work for. Reporter and everyone else police spoke to said the same. Gil nunez seemed to have nothing to hide. Whats more, after weeks of investigating, there was still no clear cause of death. So all investigators could do was wonder if the love triangle was just an interesting story that had nothing to do with toms death. But that would all change when the toxicology report came back, and it was a shocker. There was a narcotic. A conscious sedative. In toms system. No one heard of it before. At least in our field. You had never seen it in a murder or street drug or something people abuse . Nothing. It it wasnt a common thing. From speaking to medical examiner. Its not a common street drug. To investigators the most interesting thing the medical examiner could tell them was this. It was only used in a medical field. By a dentist or a doctor. In a in patient procedure. The fact this sh used by dentists. Its too many coincidences. Adding up. And they all come from gill. The dentist. That put a whole new spin on the investigation. They wonder if gill used the medication to somehow poison his friend and romantic rival. Its put in coffee or juice to mask the taste of it. Its a bitter taste. Toms autopsy had shown liquid in his stomach that might have been coffee. We have a gentleman who is friends with the family. Having an affair with the wife. Drives the same type of vehicle we have on the video. Next to our victim the morning hes found. This is a Murder Investigation. 100 . They called linda to the station for more questions. They asked if i knew what drugs were in his system. More about the relationship with gill. They asked me what i knew of the morning. They decided to tell her about suspiciouses they believe tom was murdered and gill was a prime suspect. It was hard to accept. He loved us, he loved me. He loved tom. Would he do that . Was a part of you saying he couldnt have done it. Im in the room with the detective and they were like you think he could have . And i was like no. He would never do that to him. After digesting what investigators told her. She realized this were signs of trouble. And she began revealing details that suggest the love triangle was far from tension free. In fact, gill had made it clear he was making long term plans for them. And bought her a ring. We were having dinner and he proposed. And i said i cant. Howd he take that. I know, i know. We have a lot to get through. But i said youre premature with that. It looked like he was growing impatient. Eager to get tom out of the way. Remember the anonymous texts to tom. Telling him about the affair . They came from gill. I was furious. I screamed at him. Why would you this . Very devious. Very. According to linda, he cried and felt tom should know the truth. He begged for forgiveness and threatened to kill himself. He felt bad he felt suicidal. Its a crazy situation. Im not going to let him kill himself over it. Well work it out somehow. She was still worried that gill was suicidal and decided to postpone telling him the affair was over until after the holiday. She seems sincere. Investigators wonder if they plted together to get rid of tom. Coming up. Linda under the mike scope. She took a polygraph . Pass, fail . This isnt the strongest alibi. No alibi. When dateline continues. Subut when we realized she wasn hebattling sensitive skin, we switched to new tide plus downy free. Its gentle on her skin, and dermatologist recommended. New tide pods plus downy free. Safe for sensitive skin with eczema and psoriasis. The sudden endeath remained a mystery. I hope they dont think i was in on this with someone or i had something to do with this because of the affair. Not really. I had the affair, but no way in hell would i ever want harm done to my husband ever, you know. Detectives went so far as to check out linda at her job. They went to where they could see if she had access to midazolam. They also asked her to take a polygraph test. Did she pass, fail . Passed. She was ruled out in our eyes. That left one Person Police needed to talk to again, her former lover, gil, and this time they planned to confront him with all of their suspicions. So they decided it was time to bring gil in for another talk. It would have lasted approximately seven hours. Thats a long time. Reporter thats a long time. It was. There was a lot to cover. Our biggest thing was the midazolam. The other thing was the vehicle. Reporter a team of investigators took turns confronting gil. They told him they had a video proving his suv was at the scene. I never went to that gym. I never, you know, nothing, so i wasnt there, so thats not but if i but if i look you straight in the eye and i tell you that i know you were there . Then im telling you that you dont know because its not true. That is, you know, all in the truth. So you think i would lie . Well i think you are lying to me, yes. Yes, totally. Reporter were you 100 sure that that was his white suv . Was i 100 sure . I was 100 sure. But i could not physically give you a license plate to confirm that, no. And when investigators asked gil for his alibi i was home alone. Okay. Im always home alone. I live alone. He was all alone . All alone. This isnt this isnt the strongest alibi. Its no alibi. No alibi. Reporter but what about the sedative found in toms system . Gil didnt know it, but while he was being questioned, police were at his office, executing a search warrant. And inside an emergency kit, they found two vials of midazolam. At first, gil denied knowing anything about midazolam, which also goes by the name versed. So you dont keep midazolam in your practice . What . Midazolam . Midazolam . Yeah, versed. Versed. No. We dont use versed. Reporter and with that, investigators thought theyd caught the dentist in a lie. They kept pushing, as gil tried to explain how the drug might have gotten inside that emergency kit. I dont go in there. I have never been in my emergency kit. Because, whatever comes in the emergency kit, its in there. Okay. So fair enough. So its easy. Thats easy. So by all means, your fingerprints certainly shouldnt be on it, then . On what . On my emergency kit . On your midazolam. Oh, if i put it in there, yeah. It wasnt until we said, well, what if we find your fingerprints on those midazolam bottles . At that point in time, his story changed. We went from original denial of not knowing anything about it to now hes handling it. They send it to me. And i put it in there, and the rest of them, they get tossed. Okay. So let me just say this, then. If theres midazolam in the emergency kit okay. Then your fingerprints would be on it because you put it in there. Yeah. Reporter and when investigators asked gil about those Text Messages to tom, tipping him off about the affair, he had an explanation for that too. I was like, okay, im going to try to figure out how to let him know. Yeah. Because if he was me, i want to know. I wouldnt be, you know, this. So i guess he took that as a sign of, like, courage and a sign of you know, my friendship. In one breath youre saying that you care about the guy. Yeah. But in the second breath you want to get rid of the guy because you want to have a relationship with his wife. I dont want to get rid of him. Theres no reason for me to get rid of him. I was in a sure there is. No. Reporter but investigators werent buying it, and the mood in the room turned tense. Coming up why didnt you stop. When dateline continues. When dateline continues. on top of what geico could already save you. Can i call you back . Your fathers been researching our geneology. Were vikings theres never been a better time to save with geico. Switch by october seventh for an extra 15 on car and motorcycle insurance. Hey, we lost the wifi password. Do you remember what that is . Love them, hate their laundry, protection. Lysol laundry sanitizer kills 99. 9 of bacteria. Detergent alone cant. Lysol. What it takes to protect. ® convinced gil killed his best friend, police hauled him in for questions. Now theyre about to turn up the heat. If you were his best friend, you wouldnt be [ bleep ] his wife and then sending Text Messages to try to break him up. I didnt send Text Messages to try to break them up. For hours investigators tried to rattle gil. There were cars on the road. Through it all, gil stayed calm and never asked for an attorney. I have nothing to hide. I have nothing to, to anything that is in my office. I had nothing to do with any of that. Did you give him a polygraph as well . We offed. Did he take it . No. The next day after that interview, we were contacted by a lawyer stating that there would be no further contact with his client. Meanwhile, linda was reeling from all that police had told her. From the images of the white suv in the video to the drug in her husbands system that a dentist like gil would have access to. Like investigators, she believed her longver had killed her husband. Im never wanted to speak to him again. But socrates is a small place. Hes sitting in the parking lot. He gets out of the car and started screaming at me. He said, theyre trying to pin this on me and they say you were involved. They were saying you were involved. Liar. But i didnt. Investigators had no solid evidence. That grainy video didnt conclusively put him at the scene, and they couldnt prove the sedative found in toms system came from gils office. The District Attorney told his chief investigator they didnt have a case. We didnt have a case i felt that i felt or my boss felt was compelling enough to put before a jury. But the investigation wasnt over. Detectives were hoping they would find the dna in gils car and link him to the crime scene. Why waiting for the results, they let the family know they were investigating toms death as a homicide. Linda told me she had had an affair with gil. She was crying on the phone, crying that this had happened and she didnt use the world responsible, but i know thats what she felt. Toms daughter jillian who was close with her stepmom was now furious. Why could you do this . How could you be so irresponsible. Just mad, confused, and trying to process it. It took a long time to process. I stopped talking to linda at that point. Lindas sister was also finding out about the affair for the first time. She was just very sad and very upset and i think embarrassed or ashamed for having been in a relationship other than her marriage. What did you tell her as the protective older sister . Its not your fault. Shes blamed herself from that moment on. You department choose this. People have affairs, millions of people every day, and no one deserves this. Toms parents were stunned by the new direction the investigation was taking. You go from thinking that your husband likely died from Natural Causes to now theres a Murder Investigation . It just seems like something that wouldnt happen. Piling the crap on top of you, right after the other. It was just what else are they going to tell me now. Did you call linda . No. Why did you decide to let it be with her . We were so devastated by the news, we didnt know how to deal with her. We didnt know what to think. If i called her and i spoke to her, im only getting one side of the story. My sons not around to tell his side or anybody. So i figure, well, if i ask her, i dont know what im being told. You must have been so angry. Reporter you mustve been so angry. We were angry. We were sad. But you know, you weve lost a son. Nothins gonna change that. But we just wanted answers. Reporter investigators wanted answers too. But when the dna results came back, a new question was at the center of the case. That was not only important, that was a showstopper. Coming up the new evidence. Would it clear gil nunez . It just wasnt possible he would do anything of that nature. When dateline continues. When dateline continues. Just a snack for dinner. So were using a speakerphone in the store. Is that a good idea . One of the ways i do that is to get them out of the home. Youre looking for a grout brush, this is garth, did he ask for your help . No, no. No. We all see it. We all see it. He has blue hair. Okay. Blue. Progressive cant protect you from becoming your parents, but we can protect your home and auto when you bundle with us. Keep it coming. You dont know him. When you bundle with us. Walk to end alzheimers alzheis everywhere. Tion on every sidewalk, track, and trail across this country. All of us are raising funds for one goal a World Without alzheimers and all other dementia. Because this disease isnt waiting, neither are you. Take the first step on your walk right now. Go to alz dot org slash walk. Hello. Im dara brown. Heres whats happening. Hurricane isaias is bearing down on the bahamas with sustained winds at 80 miles an hour. Its expected to strengthen and hit floridas eastern coast tonight. Beaches have been closed as the state contends with the storm amyth the coronavirus pandemic. And Supreme Court justice ruth bade er ginsburg is back he after a major repore to a bile duct stent. Now back to dateline. Reporter tom kolman had been found dead in his car, with his shirt loosened and his belt buckle undone. At the time, investigators didnt give his appearance much thought, but almost a year later, it became crucial to the case. We got a dna report back from the lab that indicated there was an unknown males dna on the inside of the belt flap of mr. Kolman near the belt buckle. Reporter did you test this dna against Gilberto Nunez . Yes. It was reporter was there a match . Not it was not his. Reporter no match . No match. Reporter where do you go from there . I mean, that is a thats a showstopper. Nothing moves in this investigation unless we can determine who that is. An unknown john doe. And thats a problem for me. Reporter Holley Carnright is the Ulster County District Attorney. I said, well, were not going to go forward with any indictment, were not going to go forward with any arrest until i have the answer to that. Investigators collected dna samples from all the First Responders to see if they could have accidentally left their dna at the scene. And they considered another pocket, that the dna belonged to an accomplice. We were also trying to get samples from people we had identified that were close to nunez. Thats a little trickier because you just cant walk up and ask for the dna. We call it castoff dna. And you would conduct a surveillance of those individuals and wait for them to discard an item that would most likely have their dna and then you would collect that. Reporter what kind of items did you collect . I think there was a cigarette butt and maybe a can of soda. Over many months, all the samples were processed, but it turned out to be a complete bust. It identified no one. Reporter its not the First Responders. Its not Gilberto Nunez. Who is it . At that point, i was banging my head against the wall. Reporter linda was also growing frustrated. She was now a widow, a single mom, shunned by her husbands family, and eagerly waiting for break in the case. A lot of time passed without an arrest. Torturous. Every day are you wondering, is today the day or is it never going to happen . You would kind of get through a point where youd say, okay, were going to live our lives and when it happens, it happens, you know . And then theyd need something from me. And id get pulled back in again. One of those times police met with linda to explain there was a problem with the original autopsy. Turns out it was incomplete because back then, no one suspected poisoning. Many samples like the contents of toms stomach that might have proved midazolam as the actual cause of death werent saved for testing. So the d. A. s office decided do something radical. And he said, we need to exhume toms body tomorrow. And i was, like, oh my god. I feel like the man can never rest in peace, you know. Reporter in fact, the medical examiner exhumed toms body twice to do additional testing. Reporter there wasnt just one exhumation in this case. There were two. Why twice . Well we were going to do whatever it took to get the evidence that we needed. Reporter meanwhile, gil was free his dental practice thriving. The public had no idea he was a murder suspect, but he did confide in his staff. And i remember him telling us that, you know, he was innocent and that we needed to just work hard to keep the, you know, the office opened. I knew the kind of person that he was. And it just wasnt possible that he would ever do anything of that nature. So gills life moved on. A year turned into two, then three. Its been, you know, very hard for him. I think the only way hes been able to keep going is the fact that he knows hes innocent. He fell in love again and got married in the dominican republic. They were married on the beach. It was very beautiful. And with all his family. And closest friends. He was very, very happy. Time was more cruel to the kolman family. Brad, toms son from his first marriage, became depressed after his fathers death and committed suicide. He was just eighteen. Brad made an attempt on his life with sleeping medications. And all i could say to him was, why . Why would you do this to yourself and to us . And his answer was, i just wanted to go to sleep and wake up with dad. Three months after that, he did commit suicide. He just wanted to be with him. So he made a decision. At this point now, you have this affair, this horrible choice that has now led to potentially to two deaths. It hurts, hurts a lot every day. Surreal. I remember just staring at the programs with his picture and Bradley Kolman and the dates and just like telling myself, youre at brads funeral right now. It became upsettingly familiar. I felt too comfortable at a funeral setting and i realized this isnt fair. Im getting too good at receiving bad news. Through it all, the d. A. Never gave up on toms case. Were conducting these other parts of the investigation, were developing video information. Were looking at the car, were doing some pretty interesting things with regard to the vehicle. But the unidentified dna was their biggest challenge. Investigators gathered the brightest minds from the state crime lab to ask for advice. And one of them said, have you checked the autopsies that were done before . Before tom kolman. Before tom kolman. Same day . Same day. I looked at this person and said, kind of always thought that was a sterile environment. And she said, well, you should give that a check. So, we did. Sure enough they got a match. Turns out the dna belonged to the deceased male whod been on the medical examiners table before tom. So the dna had nothing to do with the case, but it did mean that some evidence had been contaminated. What are you thinking when you hear that . Well, im thinking a couple things. Im thinking, thats gonna be a problem at trial because of the contamination. But im also thinking, thank god, we get a little break. And after all the additional testing, the medical examiner finally had a cause of death, acute midazolam poisoning. Investigators took everything they had to a special prosecutor and argued they were sure Gilberto Nunez had killed the man he called his best friend. I dont think that nunez was ever a friend to kolman. Not for a minute do i believe that. He is a master manipulator. He lives to manipulate. I believe he drew tom in because he wanted to be closer to the wife and have access to the wife. Nearly four years after toms death, Gilberto Nunez was indicted for seconddegree murder. How did you feel when you got that news . I cried. We all cried pretty hard. It felt it felt good in that, you know, were one step closer to justice for tom. But tough times were still ahead for linda. At trial, prosecutors were about to reveal new details about her affair. Coming up another stunning secret. He pulled out an i. D. That said the cia on top of it with his picture on it. Gilberto nunez, undercover agent . When dateline continues. Agent . When dateline continues. For bathroom odors that linger try febreze small spaces. Just press firmly and it continuously eliminates odors in the air and on soft surfaces. For 45 days. Children are suffering from treatable causes, living with conditions many have never seen. For more than 40 years, mercy ships has deployed floating hospitals with volunteer doctors who give their time to provide the free surgeries these children desperately need. I feel like my reason for being here is driven by love. I think its the love that changes the patients first. Join us. By calling or going to mercy ships dot org now. 19 a month will give children and families the hope and healing they never thought possible. And turn lives of pain into futures full of potential. Its a mission powered by love. Made possible by you. Call the number on your screen or donate now at mercyships. Org Simon Pagenaud takes the lead at the indy 500 coming to the green flag, racing at daytona. Theyre off. In the kentucky derby. Rory mcllroy is a two time champion at east lake. He scores stanley cup champions touchdown only mahomes. The big events are back and xfinity is your home for the return of live sports. 4 1 2 years after tom was found dead in his car, gil went on with his life. Toms parents still werent speaking to linda, and toms daughter jillian had limited contact with her while in town for the trial. I just knew i had to be there for as much of it as i could be. I needed that closure, and i wanted to hear everything i wasnt being told for all of those years. Gills supporters were also there, his new wife, employees, and several loyal patients. Jack sklaar was one of them. Why did you decide to be there . We live in a society where youre innocent until proven guilty. I saw nothing that would lead me to believe that this could possibly be true. And so i went there to support him, to show him particularly because he is dominican in a very white area, that there are people who will support him. But the prosecutions case would be difficult for gils friends to hear. The states theory, gil killed tom because he wanted linda all to himself. The special prosecutor summed it up on day one. Ladies and gentlemen, obsession. It was an obsession furthered by manipulation and deception. To show jurors just how obsessed they believed gil had become, prosecutors read emails he wrote to linda. I am not leaving you. Not today, not tomorrow, not ever. I am not going to let you just walk away from me. Never. Linda took the stand and testified about how the affair began and lasted until right before toms death. Toms parents couldnt believe the details they were hearing. We just assumed that it was a onetime episode between them. We didnt realize that it was ongoing for 11 months. We heard that in the courtroom. Wow. Thats amazing that you didnt know that. When you look back, you know, that first kiss, if she wouldve slapped him in the face or kicked him in the nuts, it it wouldnt happen. You believe that this affair is the reason that your son is no longer with us well, yes, if he didnt come into their lives, tom could be alive today. In court, prosecutors portrayed gil not just as a man desperately in love but also as someone capable of outrageous lies. Along with those anonymous Text Messages gil sent to tom about the affair, jurors also learned he sent texts to linda, posing as a woman named samantha. Linda received some disturbing anonymous Text Messages from a person samantha telling her that tom and she, samantha were having sex, wild sex. And that wasnt the only fiction gil created. Linda testified gil even told her he was in the cia. He had an i. D. Card and he said that he sometimes would put trackers in peoples mouths . Mouths. Did you believe him okay. Yeah. I i didnt think that much of it honestly. He kind of showed me a little card and i was like, oh. Linda didnt make much of it, but prosecutors had another story they wanted the jury to hear, a story they thought would show a darker side to gils decepti deceptions. Its just not a good idea. Nick monaco is a retired Police Officer and friends with a guy who worked for gil. Nick testified that the friend came to him one day saying that gil wanted to pay them to go harass and intimidate tom. He said, well, gil wants to know if you would want to accompany me to, you know, just kind of like scare the guy. And he goes, we may pretend like were from the cia or Something Like that. Just as long as he he sees that, you know, you have a gun on you and and a badge. He goes, if he sees the gun he goes, you dont have to wave it around or anything or take it out. And he says, well, you know, fwil was in the cia. I was like, no, i i didnt know that. He goes, oh, well, yeah. Did you believe that . No. And then, he pulled out an id that said, the c. I. A. On top of it. It had gils picture on it and his name. And then, it had this m badge in there that said, special officer. The badge was was obviously, you know, from walmart or or kmart or Something Like that. It was definitely a fake. Nick says he refused to participate and never heard about the plan to scare tom again. You have to wonder what what a jury would make out of all of this. James nani covered it for the local times herald record. Theyre hearing about a love triangle, and poisoning, and death and homicide, and a dentist, and emails, and the cia. Police later found the fake cia i. D. On gils computer and tacked on felony forgery charges. And on a computer server in gils office, police found an internet search for the word midazolam. If Thomas Kolman had been sleeping the prosecutor suggested that gil, as a medical professional, figured out that toms sleep apnea combined with the sedative could be a fatal combination. Walk through your theory of what happened the morning of toms death. The night before, i believe, gill and tom had texted about meeting that morning. I think at that point in time gill wanted to meet up with tom because of the fact he knew he wasnt getting linda. Gil got out of his vehicle and entered toms vehicle. At that point, maybe he brought him a coffee. I mean, its early in the morning. Here hey, bro. I brought you a coffee. We gotta talk. And a short time later, gil was driving away and tom was dead. But prosecutors faced a couple of obstacles. For one, the judge wouldnt let them use parts of gils interview with the police because he had not been read his rights, so jurors never saw how gil initially denied to police hed ever heard of midazolam. So you dont keep midazolam in your practice . What . Midazolam . Midazolam . And prosecutors still had to link gil to the crime scene. They wanted to prove the suspect suv seen at the Planet Fitness parking lot belonged to gil. So were able to track the movements of this vehicle through this gauntlet of cameras. Grant fredericks is a forensic video analyst and was the key to making that connection. And we can begin to make observations of the vehicle itself and the pattern. Police gathered additional video from nearby businesses to get a better look at the white suv. Grant then pored through a database of 18,000 vehicles thats used by the fbi. Each manufacturer, has a unique way of differentiating their vehicles. The length of the vehicle might be a bit longer. The shape of the windows will be slightly different from manufacturer to manufacturer. Fredericks testified that gils car was as close a match as he could find to the one in the security video, a 2010 nissan pathfinder. And he told the jury one more important detail. The suv in the video had a fog light defect, one that cast a distinct headlight pattern. What were seeing from this vehicle is that it has this white light that is on the ground that moves in front of the vehicle. Detectives tracked down gils white suv which he sold a few weeks after toms death and placed it along the same route seen in the security footage. And sure enough, when we went out to the scene then when we did our tests, we turned the lights on and there was the pattern that was quite visible. Gils car had the same defect visible in the video. Prosecutors thought it was just what they needed to place gil at the crime scene and tie all their evidence together. That was a unique feature to that vehicle. And it was still exactly the same a year later. I have yet to find another nissan pathfinder, color white, with those exact same issues. But, of course, the defense was about to tell a different story and had witnesses in store that could destroy the entire foundation of the prosecutions case. Coming up his heart was a ticking time bomb. Was this even a murder at all. When dateline continues. When. As Gilberto Nunezs trial for Second Degree murder played out blocks away from his practice, the dentist tried not to let it distract him from his patients. Even during his trial, he would come and see patients in the evenings. Some days were better than others. He seemed to be doing okay. Patient zach sklar never wavered in his support. Do i have doubts about his whether he murdered someone . Absolutely not. Why are you so sure that theres not a darker side to Gilberto Nunez . Im not sure about anything. I think theres a darker side to all of us. People are complex. But theres absolutely no evidence that the guy committed murder. In court, gilberto was represented by two heavy hitters from new york city, evan lipton and Gerald Shargel who had previously defended mafia boss john gotti. They argued that the prosecutions case against their client was pure fantasy. They say that gil is such a schemer, but the plot theyve described here, its like something out of a bad lifetime movie. The defense said if anyone was manipulating things, it wasnt gill. It was linda. They read her texts to gil sent the very weekend she said she was rekindling her relationship with tom. I love you, i miss you. Miss holding your hand. That soft spot scar on your face. Mwah mwah mwah. Can you just picture it . Youre there with your significant other, shes behind you texting her lover . They werent repairing things. So gil had no reason to kill tom, the defense said because he didnt think the affair was over. Reporter james nani. Linda admitted on the stand that up to the night before mr. Kolman died that they had still seen each other, they had spill spoken via text. You know, i think that weakens the prosecutions narrative that theres an obsessive person that will do anything to getlin da to go back into his arms. The defense was trying to say that youre telling tom one thing, you know, that you wanna patch things up, youre telling gilberto another, stringing him along. Yeah. It was was there any truth in that, or did you feel that was unfair . No. There was some truth to it because, you know, i was stringing him along. We were playing his game so that he would. Kill himself over the holidays. So yeah, it was just a dirty, stupid game. The defense set out to dismantle the rest of the prosecutions case point by point. All that business about the cia, they said it was more like a joke, hardly criminal and irrelevant to the charge of Second Degree murder. And there was ample evidence that gilberto cared too much about tom to ever hurt him. Tom kolman and Gilberto Nunez were best friends. Did spend time together. Did make plans. Did talk about going into a business together. There was no motive whatsoever for this alleged murder. They stressed that none of the physical evidence linked gilberto to the crime scene. No dna, no fingerprints. As for that internet search for the word midazolam, the defense pointed out anyone in the office could have done it, and they believed it revealed very little. Not a search for a question about the drug. Not how to kill with midazolam. A search that led to a wikipedia page. That search says nothing. As for the prosecutions star witness, the forensic video analyst who placed gilbertos suv at the scene, the defense said his findings proved nothing. Even the expert doesnt say, oh yes, i see in in the Video Surveillance it was tom kolman with gilberto in the car. No, he didnt even see if someone went from one car to the other car. The defense raised another possibility about who was in the white suv. They reminded jurors, tom was found with his clothes disheveled and pants undone. And suggested that tom may have had some kind of liaison planned. An examination of his phone revealed he had received an email from a hookup website called benaughty. Com. The website that was found on his phone was benaughty. Com, it was never the subject of any investigation in this case. The defense was essentially trying to throw some reasonable doubt into the equation. What role does this have to play . It was left as an open question. But their main argument, the prosecution couldnt prove that gil murdered tom because they couldnt even prove it was murder. They challenged the medical examiners conclusions, saying that despite all the tests, there was no way to know how much midazolam was in toms system when he died, and the amount that was found didnt look like enough to kill him. The reality . His heart was a ticking time bach. Bomb. He might have dropped dead at any minute. The defense put on their own medical expert who said toms death was more likely from Natural Causes. Dr. Sicirika. The defense was very succinct. They said they have one witness who looked over the records of mr. Kolman, who looked over the autopsies of mr. Kolman, and essentially says, mr. Kolman had an enlarged heart, and that we think is the reason that he actually died. The prosecutors, the detectives, they want this medical testimony to show a murder. What it actually shows is heart disease, a likely heart attack. The prosecutor wants the toxicology to support a theory of poisoning. What it really shows is a nonlethal dose of midazolam, a widely used safe medication. As the case went to the jury, gilbertos supporters in court were more sure than ever that the dentist was innocent, but no one could be certain of the outcome. It doesnt matter if youre innocent or not. They can still sell you guilty whether you are or you arent. You know, it all depends upon the jury. Coming up did you both believe that was nunezs vehicle . I did. Yeah. Yeah. His car was there. A quick decision in the jury room and a storm in the courtroom. Sociopath. I wanted him to look at me. When dateline continues. When dateline continues of, alone time. Audible is a routine for me. Its like a fun night school for adults. I could easily be seduced into locking myself into a place where i do nothing but listen to books. I never was interested in historical fiction before, but im obsessed with it now. There are a lot of like, classic and big titles that i feel like i missed out since i dont have time to read, mean i might as well listen. If i want to catch up on the news or history or learn whats going on in the world, i can download a book and listen to it. Because i listened to her story over and over again, i made the decision to go ahead and follow my own dream, which was to help other veterans. I think theres like 180 books in my, in my library now. It changes your perspective; it makes you a different person. Its true, its so true. To start your free 30day trial, just text listen17 to 500500. To start your free 30day trial, if your adventure. Keeps turning into unexpected bathroom trips. You may have overactive bladder, or oab. Not again were seeing a doctor when we get home. Myrbetriq treats oab symptoms of urgency, frequency, and leakage. Its the first and only oab treatment in its class. Myrbetriq may increase blood pressure. Tell your doctor right away if you have trouble emptying your bladder or have a weak urine stream. Myrbetriq may cause serious allergic reactions, like swelling of the face, lips, throat or tongue, or trouble breathing. If experienced, stop taking and tell your doctor right away. Myrbetriq may interact with other medicines. Tell your doctor if you have liver or kidney problems. Common side effects include increased blood pressure, common cold or flu symptoms, sinus irritation, dry mouth, urinary tract infection, bladder inflammation, back or joint pain, constipation, dizziness, and headache. Looking for a destination that isnt always the bathroom . Ask your doctor if myrbetriq is right for you. And visit myrbetriq. Com. The case of the dentist accused of murdering his best friend was now in the hands of the jury. I was worried because, i mean, from day one, i had been told, this is a circumstantial case and its all in the hands of a jury. So while we will try our hardest and we do think its a strong circumstantial case, we can never guarantee the outcome. Whats the difference between that man that you got to know that you fell in love with, and the man you know now . The man i know, or see now is just a cold dead heart who doesnt care about anyone but himself. Toms family hoped the jurors felt the same. I thought that the case went very well for us and that the defense didnt do a good enough job to place doubt. I was pretty confident at that opponent. In the jury room, 12 men and women got right into it. Fran kwak and joseph dolan were two of the jurors who debated the friendship between tom and gil. I believe they were best friends. You do believe that. Oh, yes. As odd as it may seem, they had a lot in common. They loved a lot of the same people. The Police Believe totally the opposite, that mmhmm. Gilberto wanted the make you believe that they were best friends, but they really werent. I wasnt so sure about that. What . About the friendship . That they were best friends. I mean, i just find it difficult to believe that. But if the friendship was confusing, they say the security video made one thing clear. Did you both believe that was nunezs vehicle . I did. Yes. We all said we that he had something to do with it. Their deliberation didnt take long. After just six hours, the judge announced there was a verdict. Is that a good sign or a bad sign . I was back at Police Headquarters at the time. And mike had texted me. I was confident. I felt that a verdict was coming in that soon, that they they would v have decided it was guilty. If it happens too quick, its not good. If it happens too quick, it is good. Theres no rhyme or reason to it. So at that point we started praying. cause we just were like, this is it. Mr. Foreperson, how say you to count one, charging the defendant Gilberto Nunez, with murder in the Second Degree . Find the defendant not guilty. Is that verdict unanimous . Yes, sir. Not guilty. And not at all what toms family expected. It was utter heartbreak. It was almost five years of hope and like the beautiful possibility of closure and leaving it behind, just taken away. Was that a tough blow for your family . Absolutely. Yeah. My family believes he had a hand in it. But, of course, gilbertos supporters felt the exact opposite, amazing relief. We were just crying all of us. We were just, like, clinging to each other and crying. It was years and years of just not knowing whats going to happen. You know, we were just so happy. I was pleased that he was found not guilty. Clearly, the jury did feel that there was not enough evidence to convict him. I felt that all along. So how did the jurors come to their decision . Some came up with their own theory. That maybe gil did give tom the midazolam, but not with the intention of killing him. From the very beginning, i believed that nunez was there at the scene but as a friend to help kolman get some rest that he hadnt been getting, and that he left and everything was fine and he was as much surprised with toms death as anybody else was. You formed that opinion right away . Yep. First day . Yeah. Pretty much. As for the prosecutions medical evidence, they say it just didnt convince them of murder. What did you feel was the strongest point on the defenses side . That the midazolam yeah. Was not in an amount that could have or should have done any harm. I believe that it very well could have been just to help him sleep. Some people have criticized you for the six hours and change verdict time. Because it was so quick, right. Yeah. We could have went over it for another six hours and red the same stuff over and over again, and we would have come up with the same result. Same result. Exactly. It was a bitter pill for linda to swallow. She may have had a hand in starting the whole thing but couldnt leave the courtroom without having the last word. Lying piece of [ bleep ] psychotic sociopath stop, stop, stop. Sh, sh, sh. I lost it. I was, like, gil. I wanted him to look at me. Say, youre still a piece of [ bleep ]. And i just felt like on the way out the door, i had to say it. Hes a sociopa. Like, dont you like do you get that . Does anybody get that . Although gilberto was found not guilty of seconddegree murder, he was found guilty of the two forgeryrelated charges for the fake cia materials. And could serve a maximum of seven years in prison. We still damaged him. Hell still be a convicted felon. Its not what i wanted. But hes not walkin away completely free. Gilberto nunez declined to be interviewed on camera but invited us into his office. He told us in an email that he feels sorry for toms family, and is angered by what he calls the selective prosecution against him. And is extremely disappointed by the forgery convictions. And since the trial, gilberto has been convicted in an unrelated case. Found guilty of charges connected to insurance fraud. He also lied on a pistol permit application. His crimes resulted in a combined sentence of two to seven years in prison. In december of 2018 Gilberto Nunez was released on parole as part of a merit time program. And while the kolmans are united in their grief, the gulf between linda and the rest of the family remains. Toms daughter jillian has found a way to stay close to ryan her halfbrother, but it hasnt been easy. I do forgive linda. I wont forget what shes done and the effect that its had on me. And she will probably never be close enough to me again to have that effect again, but i forgive her. As she tries to move forward, linda says shes having a harder time forgiving herself. Do you feel that guilt still . Every minute of every day. I know things have been strained with toms parents. Is there anything that you would say to them if theyre watching this . Just that im really sorry. And that i understand why they hate me. I totally understand it. I live with those same feelings about myself every day. And to anyone that this has hurt, any of toms friends, his family, my family, anyone thats loved him. You know, for the role i played, i am deeply, deeply sorry. Im craig melvin. And im natalie morales. And this is dateline. They said, we need you to get in the car with us. They zip tied my arms and zip tied my legs, duct tape my hair. Theres no words. Im sitting there, just hysterical. Its terrifying. She thought he was mr. Right a confident, handsome surgeon. Til the good doctor, seemed to turn sinister. He put his hands over my face and said, go ahead and try to turn sinister. He put his hands over my face and said, go ahead and try to leave. I didnt know where else to go. I mean, she just broke down she looked afraid. Taunts. Threats. Then, something deadly