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Contaminated. >> what are you thinking when you hear that? >> well, i'm thinking a couple things. i'm thinking, "that's gonna be a problem at trial because of the contamination." but i'm also thinking, "thank god, we get a little break. >> and after all the additional testing, the medical examiner finally had a cause of death, acute midazolam poisoning. investigators took everything they had to a special prosecutor and argued they were sure gilberto nunez had killed the man he called his best friend. >> i don't think that nunez was ever a friend to kolman. not for a minute do i believe that. h...

You're there with your significant other, she's behind you texting her lover? they weren't repairing things. >> so gil had no reason to kill tom, the defense said because he didn't think the affair was over. >> reporter, james nani. >> linda admitted on the stand that up to the night before mr. kolman died that they had still seen each other, they had still spoken via text. i think that weakens the prosecution's narrative that there is an obsessive person that'll do anything to get this person, to get linda to go back into his arms. >> the defense was trying to say that you're telling tom one ...

We were playin'his game so that he wouldn't kill himself over the holidays. so yeah, it was just a dirty, stupid game. >> the defense set out to dismantle the rest of the prosecution's case point by point. all that business about the cia they said was more like a joke, hardly criminal. and irrelevant to the charge of second degree murder. and there was ample evidence that gilberto cared too much about tom to ever hurt him. >> tom kolman and gilberto nunez were best friends. did spend time together. did make plans. did talk about going into a business together. there was no motive whatsoever fo...

Meeting for sex. and by spring, gil had separated from his wife and was living in an apartment above his dental practice. >> you had a busy life, a job, husband, children, in a small town. how are you carrying on this affair? >> i still was the wife and the mother. i was home for my kids every night after work. and i would see him lunchtime. >> linda thought it was a well-kept secret. but maybe, not so much. a few months into the affair, someone tipped off tom with an anonymous text message. >> he comes right at me with it. you know, "i'm getting these text that is you're with gill. what the h...

>> they send it to me. and i put it in there, and the rest of them, they get tossed. >> okay. so let me just say this, then. if there's midazolam in the emergency kit -- >> okay. >> then your fingerprints would be on it, because you put it in there. >> yeah. >> and when investigators asked gil about those text messages to tom, tipping him off about the affair, he had an explanation for that too. >> i would say, okay i'm going to try to figure out how to let him know. >> yeah. >> because if he was me, i want to know. i wouldn't be, you know, this. so i guess he took that as a sign of, like, cou...