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May 21, 2018
Michael beard, the ex-employee whod been so cooperative with investigators. suddenly, he didnt seem so innocent. now police had to reconsider their theory of the crime. maybe it wasnt tom whod beaten kelley to death. maybe his daughters description of the killer was wrong. maybe it was michael beard she saw. >> this phone call, this is, like, the key. this is it. >> thats the first real connection that we had that put beard anything to do with the murder. that kind of just alerted us right off t...
May 21, 2018
And hes, like, partially crying and hes saying, you know, i wouldnt do that. >> reporter: months went by as the state prepared the case against each man. michael beard was the first to go to trial. in court, he recanted his confession and changed his account of the murder. but prosecutor weeden wetmore said evidence put beard at the crime scene. >> his dna was found where she had fled after being struck in the head with the murder weapon. >> reporter: it took jurors only seven hours to convict h...
May 21, 2018
>> reporter: molly, only 16 at the time, told police shed spent the summer working for her uncle at his restoration business, servpro. and there she met one of his employees. a man named michael beard. tom told her to keep her distance. >> he never really wanted me around michael beard. he didnt want me, like, working with him. >> reporter: michael beard was no stranger to the family. >> he actually had done work at my sisters home. my sister would give his daughter charlies hand-me-downs, cloth...
May 21, 2018
September 17th. and then kelley was murdered the, like, night of the 28th, 29th. so it wasnt long at all. >> reporter: was it possible that beard was angry about losing his job and that kelleys murder was some kind of revenge? molly went through her cell phone and her facebook contacts and gave investigators beards address. >> i gave that to them. and they were just like, "okay, thank you." >> reporter: the steuben county sheriffs office needed all hands on deck and called in the new york state ...
May 21, 2018
Hands. you couldnt even use the confession from michael beard. so, there were a lot of things you didnt have. >> right, but if you look at thomas claytons conduct, he never mentioned michael beard. everybody says, "michael beard should be an immediate suspect." he never mentioned michael beard to the police. to me, thats -- theres a reason for that. >> reporter: as they prepared for trial, investigators kept digging. they discovered a flurry of calls and texts in the weeks leading up to the crim...
May 21, 2018
Witness. >> reporter: tom and his lawyer pounced on that, telling reporters that beard acted on his own. >> this is purely mr. beards doing, what we do know is that mr. clayton had nothing to do with the death of his wife. >> reporter: and toms lawyer didnt stop at michael beard. he went after the investigators. he said they had tunnel vision when it came to his client. >> he said, "youll hear it. youll hear it from the body cam video." >> shes beat the [ bleep ] shes beat up. >> you got a suspe...
May 21, 2018
Kidding around with family members. his lawyer, though, was on the attack. he told the jury how investigators had immediately labeled tom a killer on the night of the murder. >> i think he attacked her. >> reporter: and the defense said investigators refused to change their minds even after it was clear michael beard was the one who beat kelley to death. >> the defense had basically alluded to the fact that there was a psychosis in michael beard. and that he out of just hate and revenge against ...
May 21, 2018
>> reporter: are you getting any bad feeling from him? are you suspicious of him? >> not at all. >> reporter: so youre thinking this is going to be something that were going to cross off the list? >> yes. i didnt expect to see him again. >> reporter: to the investigator and those close to kelley, michael beard didnt seem like a good suspect after all. >> reporter: did you think it was -- it was possible that hes a disgruntled employee? he was, you know, taking revenge? >> i didnt. because if you...
May 21, 2018
>> that was the -- that was the win. >> reporter: michael beard was arrested for murder. and tom, already in custody, was now accused of orchestrating the crime. but toms newly-hired defense attorney wasnt having it. >> he wants to be reunited with his children. he frankly is grieving the loss of his wife. >> reporter: investigators had quickly arrested tom based largely on a childs description, which turned out to be wrong. now his attorney said they seized on a confession that was anything but...
May 21, 2018
>> reporter: as the millers struggled to make sense of that, they called the other men whod been to their house that night. the poker players recalled the same detail. toms phone was always with him. >> he had his phone at the poker table? >> thats what poker players are saying. yes. it was -- it was there. yes. yes. >> so he has his phone at the poker table, but hes telling you hes left his phone in the car? >> uh-huh. thats what he told me. >> reporter: more than a little suspicious, the mille...