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Confront her about what's going on. >> please call me. >> the jury heard marty left 22 voice mails as he drove over the next three hours. his cellphone pinging in glendive just before 4:45 a.m. then by his own admission, marty parked right around the corner from susie's apartment building next to the bank. and that's when the bank's atm started telling a story like nothing else could. 4:27 a.m., prosecutors argued this figure right here is marty walking towards susie's apartment. >> our theory was he got to susan's apartment before brad, before she returned, and there's a little concave, a lit...

Suggested they all sit down for a little q & a, and marty said sure, but -- >> can i ask you one question first? >> sure. >> am i under arrest for something or being charged with something? >> no. >> marty said he and susie had reconnected the year before mostly for the children, but right away, said marty, they fell for each other all over again like true soulmates. that time ten years prior when he had taken a shotgun to ted and susie's house, all forgiven. he was a different man now. >> the ten years we were apart i spent thinking she hated me and she spent thinking i hated her. in fact, we...

Do this, and i said, you know, the family isn't going to really go for this, and she said, you mean everybody's going to disown me? and so i just backed off and i told him. i said, i'm not going to lose my daughter over him. and that was the end of it. >> how serious it got, nobody knew really. maybe they were just friendly. maybe it was more than that. now investigator ulrich typed "marty larson" in the datta base. >> and it popped up. i'd seen criminal trespass. >> remember, susie married ted pretty quickly after she left marty back in 1998, but that wasn't the end of it. not long after the ...

>> yeah. i just felt like i needed to hear that at that time, and i didn't get to hear that, and that it was still possible he could have had involvement. >> ted, who still lived under a cloud of suspicion, believed that marty killed susie. >> there was a lot of nights i didn't sleep real good wondering if somebody was going to show up in the middle of the night with a gun. >> but it was rusty during his many sleepless nights who devised a plan to do what police and prosecutors seemed unable or unwilling to do. >> he was going to get justice for our family, even if he had to do it himself. >> ...

The phone. >> i told her before she went make sure you eat, make sure you don't drink too much. you don't need to get a dui and get in trouble like that. >> she promised to call him back later. >> if i'm sleeping, don't worry about it. it's okay. wake me up. >> after all, thought marty, they were a couple again. it was his business to worry about her. and when she didn't call -- >> then i called her at 12:30 because i hadn't heard from her. i thought i'd make sure everything is okay. >> if you don't won't call me back by 1:00 -- >> i didn't know whether she had gotten arrested or what was goin...