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those items where there. >> what was that like? >> i mean, only those involved would know these details, where the instruments were used to kill someone. >> so that was that they had their story and their culprit. except, there was one more very significant detail, offered up by both jessica and rocky. something the towns rumor mill failed to catch. by the time kevin and robert went out for the evening, a couple of days later -- >> we went bowling. we went out to eat, just had a grand old time. >> by that time, it was after midnight. time to go home, to bed. >> sitting in the parking lot, talking, just laughing. and all of the sudden, multiple police cars pulled up. they get out, guns drawn. they get out the vehicle first, they get me walking backwards, with my hands up. >> then, through all of the terror and confusion, it dawned on kevin marsh. it was not him they had come for. >> so then i see them getting robert out, kicking him down, knocking him to the ground, ramming his face into the asphalt, putting him in handcuffs.

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somebody else first, and then at some point, she put herself there. >> it was supposed to be routine, we go in, we find her purse, we take her money, and then we leave that was all that was supposed to happen. >> then, rocky went way off script, said jessica. tied ann to a bed with duct tape, and turned it into murder. >> broke in. >> okay >> who cut ann's throat? >> rocky. >> who stabbed her in the back? >> rocky. >> okay. >> jessica told detective giles, the murder weapons were a kitchen knife and a metal rod for bludgeoning, which they stashed in a hole outside of anns house >> she said they could not find it without her, we drove her out there, and we walked the entire path until we got to the hole. she said, that is it right there. lo and behold, we had some evidence folks with, us and

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>> if you push hard enough to find out, whether or not he was actually telling you the truth? >> i take with the client tells me. i do an independent evaluation, based on what i learned. >> so, he watched the tape of robert confession, and it did not look right to him. besides -- >> there was no physical evidence at the crime scene to tie robert to the crime. >> but just as intriguing, was this question. >> why would rocky and jessica include a kid like robert? >> the fugett siblings, as the kids at school and the neighborhood knew, bullied robert mercilessly. he was terrified of them. surely, he would not help them murder a neighbor? yet, rocky fugett was going to tell the court just that. >> his lawyer had advised me that rocky wanted to get a favorable sentencing, and was going to be testifying against robert.

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high school. >> people were afraid of them. they come through the hallway, people would just move out of the way, try not to be around them. >> kevin's friend, a shy and awkward robert seemed to be a favorite target. >> the used to pick on him all the time. they call them retarded, fat, ugly, stupid. >> robert said he tried to ignore it, but they knew his vulnerabilities. >> i tried to keep my distance when i could, and stay cordial wherever we were, in close proximity to each other >> safer that way, said robert. at any case, the detectives paid a visit to the fugett's house, where they learned enough to march the pair down to police headquarters for questioning. rocky admitted he was there, to rob the place. >> i was in the house, i started downstairs, jessica was there, i was supposed to just watch. >> detective phil giles interviewed jessica. >> she eventually acknowledged that, she tried to say it was

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then, as we waited for an answer -- >> i have nowhere, jessica sent, dear mr. rosenfield letter, emitting to the throat cutting, stab wounds to the back and was absolutely adamant that robert had nothing to do with it, whatsoever. >> so, jessica's affidavit was sent out to the governor to. everybody waited. and waited. then, on the governor's very last day in office, more than nine years into roberts sentence, the decision denied. rosenfield, devastated, drove to the prison to robert. >> our burden i hugged and cried. it probably is about the most potent full part of this process. >> robbers only door to freedom slammed shut. >> some of the tactics -- >> but half a world away,

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to police headquarters for questioning. rocky admitted he was there, to rob the place. >> i was in the house, i started downstairs, jessica was there, i was supposed to just watch. >> detective phil giles interviewed jessica. >> she eventually acknowledged that, she tried to say it was somebody else first, and then at some point, she put herself there. >> it was supposed to be routine, we go in, we find her purse, we take her money, and then we leave that was all that was supposed to happen. >> then, rocky went way off script, said jessica. tied her to a bed with duct tape, and turned it into murder. >> broke in. >> okay >> who cut ann's throat? >> rocky. >> who stabbed her in the back? >> rocky. >> okay. >> jessica told detective giles, the murder weapons were a kitchen knife and a metal rod for bludgeoning, which they

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who are falsely confessed to say was a motivating factor for falsely confessing. >> but by 8 am, six hours after the invitation began, randy snead had his convention. >> but you said tonight, is that true and accurate statement? >> yes. >> okay. >> one rosen feel delivered a clemency petition to virginia governor, nirider added volumes of evidence and support. then, as we waited for an answer, >> i have nowhere, jessica sent, dear mr. rosen feel letter, emitting to the throat cutting, stab wounds to the back and was absolutely adamant that robert had nothing to do with it, whatsoever. >> so, jessica's affidavit was sent out to the governor to. everybody waited. and waited. then, on the governor's very last day in office, more than

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stashed in a hole outside of her house. >> she said they could not find it without her, we drove her out there, and we walked the entire path until we got to the hole. she said, that is it right there. lo and behold, we had some evidence folks with, us and those items where there >> what was that like? >> i mean, only those involved would know these details, where the instruments were used to kill someone. >> so that was that they had their story and their corporate. except, there was one more very significant detail, offered up by both jessica and rocky. something the towns rumor mill failed to catch. by the time kevin and robert went out for the evening, a couple of days later -- >> we went bowling. we went out to eat, just had a grand old time. >> but that time, it was after midnight. time to go home, to bed. >> sitting in the parking lot, talking, just laughing. and all of the sudden, multiple police cars pulled up.

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afford an attorney, so the state appointed one for him. steve rosenfield. >> what was your impression when you first met him? >> robert was scared to death from the first meeting, and forever. >> and then, robert told attorney rosenfield just about what you would expect an accused murderer might say. he did not do it. he did not stab anybody. he was not even there. he only confessed, he said, because he was so scared. >> if you push hard enough to find out, whether or not he was actually telling you the truth? >> i take with the client tells me. i do an independent evaluation, based on what i learned. >> so, he watched the tape of robert confession, and it did not look right to him. besides -- >> there was no physical evidence at the crime scene to tie robert to the crime >> but just as intriguing, was this question. >> why would rocky and jessica include a kid like robert?

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