litigation the only three people who took the fifth amendment were the two lead detectives and the court reporter. >> the question for cooper was, why hadn't mulder shown this second videotape to the jury. >> i don't know why they didn't show the tape. he said put it in if you want, but they never did put that portion of the tape in. >> i think it was a huge mistake not to show the jury this memorial service. i think it would have effectively nullified any impact the silly string video had. >> as he continued to build darlie's appeal, cooper was confronted with another question. why had mulder never raised darlie's husband darin as a possible suspect. >> let's be practical about this. there are two adults in this house and two dead children. and darlie is sliced and cut and beat severely.