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MSNBC Dateline January 30, 2021 09:04:00

a team of investigators said they had video proving his suv was at the scene. i never went to that gym. so i wasn t there. but if i but if i look you straight in the eye and i tell you that i know you were there? then i m telling you that you don t know because it s not true. that is, you know, all in the truth. so you think i would lie? well i think you are lying to me, yes. yes, totally. reporter: were you 100% sure that that was his white suv? was i 100% sure? i was 100% sure. but i could not physically give you a license plate to confirm that, no. reporter: and when investigators asked gil for his alibi i was home alone. okay. i m always home alone. i live alone. reporter: he was all alone? all alone. reporter: this isn t the strongest alibi. no alibi. reporter: but what about the sedative found in tom s system? gil didn t know it, but while he was being questioned, police ....

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MSNBC Dateline January 30, 2021 09:12:00

The police were saying you were involved? and i was, like, okay. you know, liar, and he was, like, i didn t, i didn t. reporter: but while both linda and the police were convinced gil was behind tom s death, investigators had no solid evidence. that grainy video didn t conclusively put him at the scene and they couldn t prove the sedative found in tom s system came from gil s office. the district attorney told his chief investigator they didn t have a case. we didn t have the evidence that i felt or that my boss felt was compelling to put before a jury. reporter: but the investigation wasn t over. detectives were hoping they would find gil s d-n-a in tom s car and link him to the crime scene. while they waited for those test results, they let tom s family know they were investigating the death as a homicide. tom s ex-wife, michele, called linda for an explanation. linda told me she had had an affair with gil. ....

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MSNBC Dateline January 30, 2021 09:03:00

To my husband. detectives went so far to check out linda at her job. she worked at hospital where she might have had access to hell would i ever want harm done midazolam. we made sure all the midazolam that they had was accounted for during that time period. reporter: they also asked her to take a polygraph test. she took a polygraph? yes, she did. reporter: pass? fail? passed. so she was ruled out, in in our eyes. reporter: that left one person policed needed to talk to again, her former lover, gil. and this time, they planned to confront him with all their suspicions. so they decided it was time to bring gil in for another talk. it lasted approximately seven hours. that s a long time. it was. there was a lot to cover. our biggest thing was the midzalam. the other thing was the vehicle. ....

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MSNBC Dateline January 30, 2021 09:55:00

Leaving it behind, just taken it away. reporter: was that a tough blow for your family? absolutely. yeah. my family believes he had a hand in it. reporter: but of course, gilberto s supporter s felt the exact opposite, amazing relief. we were just crying all of us. we were just, like, clinging to each other and crying. it was years and years of just not knowing what s gonna happen. you know, we were just so happy. i was pleased that he was found not guilty. clearly, the jury did feel that there was not enough evidence to convict him. i felt that all along. reporter: so how did the jurors come to their decision? some came up with their own theory. that maybe gil did give tom the midazolam, but not with the intention of killing him. from the very beginning, i believed that nunez was there at the scene but as a friend to ....

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Detailed text transcripts for TV channel - CNN - 20210129:09:57:00

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