garrett. six-months after garrett's death, this civil lawyer had breathed new life into a dormant murder investigation, extracting what seemed like powerful new evidence from the prime suspect. but would it be enough for the >> reporter: but the person he had to convince was nicole duve, the then district attorney for st. lawrence county. so he sent her the transcript of nick's deposition where he admits to being in the high school parking lot and which seemed to be tailing garrett before he was killed. but the d.a. said it still wasn't enough. >> she believed there was not enough evidenced to convict nick hillary let alone arrest him. >> not a winnable case. >> not a winnable case. >> reporter: the d.a. met with tandy and told her the same thing. >> she used like a scale as example and it was one little pebble at a time and they just didn't have enough yet. >> she couldn't get enough pebbles to tilt it this way. >> right.