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Would possibly be. >> reporter: but that didn't happen. not to say, though, her behavior wasn't suspicious. remember the vigil the le family held a week after michelle's disappearance, the one attended by giselle's ex-boyfriend, scott? it turns out giselle was there too -- sort of. the tracking device showed giselle circling the block as michelle's family pleaded for help. and later it showed her driving past scott's house. why? ritchie was all but sure now. giselle had something to do with michelle's disappearance. the question now was did she have some help? >> it was something that we had t...

>> i'm not sure i took it all in at first. >> that this is over. >> it was super exciting. everyone was so happy. everyone was in tears. >> not quite everyone. assistant d.a. bill gargen was fuming. >> you were willing to get arrested over this. >> absolutely. i was more than willing to have handcuffs placed on me to argue my point. i didn't cross any lines. >> what recourse do you have? >> there's no appeal. that i know of. >> so charlie tan is free. >> that's it. there is no appeal as of from this trial order of dismissal, because there has not been a verdict by the jury. >> the event didn't...

Exceptional young man in prison. these are lawyers and surgeons and big powerful people in new york state who are behind this kid. >> oh, yeah. >> we wish that hadn't happened but the kid deserves a break. >> the community felt that very strongly. >> so when the trial began less than a year after the shooting, the sworn representative of the people with a murder case to prove found herself in an odd spot. >> the biggest problem was the defendant himself, because he did appear to be, you know, an upstanding, nice young man. >> monroe county district attorney sandra dorley. >> from the very begi...

>> apparently, he can. >> well, he did it. he did it. >> reporter: you're convinced that was jermeir. >> oh, it was jermeir. >> reporter: so whose voice would ultimately ring true? a three-year investigation was now in the hands of 12 people. two families now waited anxiously inside the durham county courthouse. as did assistant d.a. david saacks. >> i'm never confident when a case goes to the jury. >> reporter: you've been slapped in the face by juries before. >> too many times. that's the lesson here, you never know. >> reporter: then, after just one day, the jury reached a decision. shannon...

>> reporter: word of shannon's reported rape traveled quickly to durham, where detective shawn pate and assistant d.a. saacks were now preparing for her trial. they wondered if shannon was certain the attacker was jermeir. >> i asked her, "well, how did he know you were going to be walking a dog at 3:00 in the morning?" and i guess he just stalked the house and saw his opportunity. so for four hours he raped her. so if it was 3:00, then when does the sun start to come up? four hours. you know, you're looking at 7:00. >> reporter: it would have been daylight then. >> yes. dog doesn't bark, anyt...