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Other women. >> he told us he had -- they had an open marriage, they were seeing different people. he actually said he had been with like 50 to 60 women. >> she was okay with it according to him. >> according to him, yes. >> but he told detectives he and jody had become unhappy with their free love life-style, so they came to this romantic, if treacherous spot, to recommit to each other, stephen said, to kiss and make up. >> the spot where they went is not a spot where you would go to reconcile with anybody. >> detectives were not buying the story for another reason. they had found something s...

>> and if police were so suspicious of his client two nights later, the defense said, why didn't they videotape their interview with him. that way, jurors could have judged stephen scharf's supposedly odd demeanor for themselves. >> why didn't you? >> not an interrogation. he wasn't in custody. i don't know. >> the defense attorney also argued that police misinterpreted what his client said in his home just hours later. >> my client never said this wasn't an accident. >> and as for that hammer police thought was a weapon -- >> the hammer was examined by the forensic experts. there was nothing ...

Pole at that point. >> did you think that might be a murder weapon? >> i thought that might have been plan a. he didn't use it, so he went to plan b. >> which linum believed was to push or throw jody off that cliff. so detectives asked stephen scharf the obvious. what was a hammer doing in that picnic bag? >> he told us he fixed a drawer in his kitchen with the hammer and he just forgot to put it back in the garage. he put it in the bag with the picnic items. it was a convenient excuse for having the hammer. >> detectives asked to check out the drawer and the rest of the how is that night. he ...

Physical evidence to the less tangible clues. he quickly learned from jody's friends that this was a couple not in love but in crisis. the subject wasn't wine and roses on those cliffs. it was divorce. >> she was going to go through with it, yes. absolutely. >> jody's long-time friend told detectives that jody had been determined to take her 10-year-old son jonathan and leave her husband. she was convinced stephen had been cheating on her. >> she couldn't prove anything, but women called the house. sometimes they would call and hang up on her. >> in fact, linum learned jody had served her husb...

>> she got coffee thrown at her. >> now, in court, he had even more to tell about his childhood, like the afternoon he sat cowering in the back seat of a car, watching his mother suffer. >> my mom was driving, and my dad was hitting her with the bottom of his fist. and i was just like begging him to stop doing it. >> he also remembered the last day of his mother's life. he was 10. and said his mother told his father that she didn't want to go out with him alone. >> she said, if i wanted to go out with you, i wouldn't be divorcing you. >> but where was the proof that stephen had planned to kill...