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 didn t. 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, they re everywhere. oh, absolutely. reporter: a coincidence, but a suspicious one. detectives were also remembering how gil showed up at the scene of tom s 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.
so the d-n-a had nothing to do with the case, but it did mean that some evidence had been contaminated. reporter: what are you thinking when you hear that? well, i m thinking a couple things. i m thinking, that s gonna be a problem at trial because of the contamination. but i m also thinking, thank god, we get a little break. reporter: 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 don t 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. reporter: nearly four years after tom s death, gilberto nunez was indicted for second-degree murder.
was there any part of it that felt, i don t wanna use the word good, but you got it off your chest, you weren t 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. he s 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 i m just, like, in the middle, like, what do i do?
reporter: fredericks testified that gil s 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 s-u-v in the video had a fog light defect, one that cast a distinct headlight pattern. what we re seeing from this vehicle is that it has this white light that is on the ground that moves in front of the vehicle. reporter: detectives tracked down gil s white s-u-v which he sold a few weeks after tom s death and drove 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. reporter: gil s 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
internet search for the word midazolam. if thomas kolman had been sleeping reporter: the prosecutor suggested that gil, as a medical professional, figured out that tom s sleep apnea combined with the sedative could be a fatal combination. walk through your theory of what happened the morning of tom s death. the night before, i believe, gil and tom had texted about meeting that morning. i think, at that point in time, gil wanted to meet up with tom because of the fact that he knew that he wasn t gettin linda. gil got out of his vehicle and entered tom s vehicle. at that point, maybe he brought him a coffee. i mean, it s 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. reporter: but prosecutors faced a couple of obstacles. for one, the judge wouldn t let them use parts of gil s interview with the police because he had not been read his rights, so jurors never saw how gil initially