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Clandestine meetings. >> investigators also pulled surveillance footage from outside tom's business. they believed this was video proof of a conspiracy. that's beard, they say, in a red truck that tom loaned him just hours before the murder, and that's tom following in his grown servepro truck. >> we also know that during that time period, beard turned his phone off, turned it on, turned it off again. >> why do you think he did that. >> the inference to be drawn from that is these guys are not that naive. they know that there's a possibility of being tracked with their phones. >> then after th...

Slam dunk for investigators, tom clayton's would be anything but. the prosecutor knew he couldn't use beard to testify against tom. >> even if he came forward and said i want to testify now, he had lied so many times, he had lied at his own trial. >> beard had changed his story so much at his own trial that he wouldn't have been a credible witness. >> tom and his lawyer pounced on that, telling reporters that beard acted on his own. >> this is purely mr. beard's doing. what we do know is that mr. clayton had nothing to do with the death of his wife. >> and tom's lawyer didn't stop at michael b...

And he gets out on $250,000 cash bail. >> that's pretty low. >> and he has been out ever since. >> and he seemed determined to profess his innocence to anyone who would listen. >> he said i would like to tell you my side of the story. i said i really don't want to hear it. i don't want to get any more involved, and he is, like, partially crying, and he is saying, you know i wouldn't do that. >> 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 whea...