it was part of the trust packet. and at this point, the numbers i m getting from the court were over 33,000 pages of documentation. quite frankly, we missed it. reporter: they had missed evidence that seemed to show harvey wasn t stealing from steven at all, had no motive to kill him. suddenly, the whole case against harvey, fragile to begin with, seemed in danger of falling apart. and amid doubt about the new evidence, the judge declared a mistrial. i thought, oh, my god, he s being set free. reporter: but harvey wasn t set free. instead, the state appointed to the case its third prosecutor in five years. this was my first case of this particular type. reporter: prosecutor john mckinney. how do you get ready? quickly. reporter: his first task, to address that alleged loan between harvey and steven s father, the issue that caused the mistrial. he spoke to steven s best friend and heard this. he said, i know it s complete fiction.
at this point the numbers i m getting from the court were over 33,000 pages of documentation. quite frankly, we missed it. reporter: they had missed evidence that seemed to show harvey wasn t stealing from steven at all, had no motive to kill him. suddenly the whole case against harvey fragile to begin with seemed in danger of falling apart. amid doubt about the new eviden eviden evidence, the judge declared a mistrial. i thought, oh, my god he s being set free. but harvey wasn t set free. instead the state appointed to the case its third prosecutor in five years. this was my first case of this particular type. prosecutor john mckinney. how do you get ready? quickly. reporter: his first task, to address that alleged loan between harvey and steven s father, the issue that caused the mistrial. he spoke to steven s best friend and heard this. i said i know it s complete fiction. i know it s fraud. reporter: and sure enough, when prosecutor mckinney took a