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Federal investigators and the couple were getting divorced. >> they were going to be divorced so the marriage was over no matter what and the relationship was over. >> reporter: jim fayed's attorney mark werksman said that none of that was a motive for murder. >> but they did have a business that was a viable, lucrative business, and it was worth maintaining. and, if she hadn't been murder, presumably they would have ce to some settlement over the assets and division of the property in the business. >> reporter: jim fayed didn't testify and didn't make werksman's defense any easier. the prosec...

Says mr. fayed's cellmate wants to talk to whoever is handling the investigation of mrs. fayed's death. >> and what does the cell mate tell you? >> the cell mate tells us that mr. fayed had confessed to him that he had hired someone to kill his wife. >> reporter: detectives believed that someone was jose moya, the ranch hand. the cell mate also had other information that had not been reported in the news. >> mr. fayed's cell mate had told us that mr. fayed had tried to set his wife up to be killed four different times. and what was interesting about that was that on one of these occasions he s...

Appear tough in order to survive. >> reporter: but on the tape jim told his cell mate how he wish he could have done the deed himself. >> i was waiting and waiting and waiting to figure something out. i wanted -- i just wanted to do it myself, but i knew i'd never [ bleep ] be able to get away with it. never. know what i mean? >> reporter: and prosecutors played the tape of what they said was jim trying to hire that second hit man to murder the first one and anyone else that might have been in on the plot for what would have been, they said, another $25,000. >> it should get done by next week ...

Talking. >> we had another young lady that was getting out of jail and she came to us and said that dawn had been talking about the murder. >> but that could have been just gossip, mind you. from a jailhouse snitch who couldn't back it up. but dawn did have a cell mate. >> she was kind of in a jam herself. she wanted us to try to help her. we can put a word into the d.a. or into the jail. >> that was enough to get cooperation from her. >> right. >> the objective was simple. get dawn talking, wrangle from her something that at least sounded like a confession. ellis and boyd outfitted dawn's cel...

>> such as? no cameras? >> yeah. such as walking out of a july 4th party down in malibu at a friend's house with 100 other people. >> they [ bleep ] -- >> yeah. it was a rural area. i even had the times, the dates, everything, the location. all he had to do was sit there, wait for her to get in the car, and jack it. and everybody at the party would have said, oh, yeah, she went home. >> reporter: jim's attorney says that conversation is all just playacting. >> jim would contend that he was conned into playing along with this cell mate in order to avoid appearing weak or vulnerable and he was s...