Page 2 - James Matlean News Today

Ben was a good guy. they had their problems. everybody loved him. he didnt deserve to die. >> reporter: so for the time being its a he said/she said story. and the d.a.s deal with dawn to the dismay of james matleans attorney means she may never face a murder charge. >> the prosecutor made a deal with the devil. now we just need to show him how far in hell she is. >> deal with the devil? the d.a. says without dawns testimony at the preliminary hearing, the murder charge against james would never...

Yada, yada, and james said, "ill go out and kill him right now. you just say the word ill kill him." she was like a broken record. "i want him dead. i want him dead." >> sound like a woman who was shocked when the murder happened? but there was more. it was after that when james matlean told his attorney ken stover it was time to tell the whole story. >> i could tell he was telling the truth. over the course of 15 months hes always told the same story. >> reporter: so now comes another story. ja...

That sometimes you need the help of one of the people involved to get the main person. >> reporter: and so dawn oxley was offered a limited immunity agreement, cooperate with the prosecution, testify truthfully against james and you wont be prosecuted. a sort of get out of jail free card. why go ahead and make that deal with her so soon? you had her statement. why not hold off for a while and be patient and then get them both? >> lets say we dont do the deal with her and we go out and arrest him...

To sleep, she said. and the next thing she knew, james was back. >> he woke me up and he said, "its done." i was totally drunk. and then turned around and now im waking up out of a dead sleep. im like what the hell are you talking about? he said, "the cops are going to be here." seriously right now youre telling me my ex-husband is dead? >> reporter: and she did not take part, she swore, not at all. >> i didnt drive. i was not -- i didnt. i did not go anywhere. i did not plan this. i did not wan...

Melissa oxley and james matleans attorney kent stover firmly agreed, only half a measure of justice since dawn is protected by that immunity agreement she signed with the d.a. >> james is not the type of boy whos going to go out and commit a murder in the hopes that dawn will find it acceptable. he didnt do this as a surprise gift. >> reporter: dawn herself declined our request for an interview. but her mom, the retired deputy sheriff, has remained in her corner. >> i know that a lot of people b...

Sent to prison on another offense. she pleaded guilty to using her teenage daughter brandy to sell prescription drugs. was she kind of employing you as her assistant in that business? >> i was driving, yes. >> reporter: dawn was released from prison in march of 2014, but not to be the mother of alyssa. the judge terminated her parental rights. both alyssa and brandy went to live with melissa, who offered them a kind of family life they didnt know with their biological mom. >> it is a family and ...

Watching them. >> reporter: surveillance video show dawn with james and her two daughters, brandy, her 13-year-old daughter from a previous marriage and alyssa 7 by this time. thats right. a year into the investigation, little alyssa was back with her biological mom who had then the courts weaned her back there permanently. so there you are still trying to grieve the loss of ben, at the same time alyssa is being pulled back toward dawn? >> yeah. i lost both of them, truly. >> reporter: and, well...

>> james is not the type of boy who is going to go out and commit a murder in the hopes that dawn will find had acceptable. he didnt do this as a surprise gift. >> dawn herself declined our request for an interview. her mom, the retired deputy sheriff, has remained in her corn corner. >> i know that a lot of people believe that. that it was a blatant conspiracy on her part. but i dont think dawn really wanted ben dead. i dont think dawn was there. >> hold it all together. >> all the way along an...

>> sorry. >> in exchange for his guilty plea, the d.a. agreed to recommend that james could be eligible for parole after serving 24 years. final decision up to the judge. defense attorney stover made the argument. and then melissa took the stand. >> emotionally the damage you have caused me is almost unbearable. for alyssa, you crumbled her foundation and everything she knew to be right and true. and as hard as this is to do or believe, i also want you to know that i have found it in my heart to...

He didnt deserve to die. >> for the time being, its a he said/she said story. the d.a.s deal with dawn to the dismay of james mat vi ans attorney means she may never face a murder charge >> prosecutor made a deal with the devil. now we need to show how far she is. >> deal with the devil? the d.a. said, without dawns testimony at the preliminary hearing, the murder charge against james would never have stuck. but dawn wasnt totally off the hook because there was one possibility still. if the d.a....