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Spellman police found his dna just 30 feet from where the girls were shot. that's when he says spellman's demeanor changed. >> he asked me, you know, "what -- what -- what are the consequences?" and i said, "well, in texas, i said, you know this is a death penalty kind of case." >> reporter: and then dylan spellman asked about a deal. >> normally any person that's innocent isn't gonna ask for a deal. you're gonna profess your innocence. and he wasn't. >> now i'm thinking, "this is my guy." >> reporter: so chavez asked spellman to take a polygraph and spellman agreed. >> and how does he do? >> ...

We have no usable prints. the only thing we have are cigarette butts, monster can, and suspicion. >> reporter: it didn't help that chavez's one eyewitness to the shootings could not identify spellman from a photo lineup. >> it was very hard because the suspects all looked the same. >> reporter: and then there was the matter of mr. spellman's height. >> he's big. >> he's, what, 6'8"? >> 6'8". >> reporter: remember, kristene said the shooter was quite a bit shorter than that. 5'8", maybe 5'9". >> for me, it -- it was always the -- the difficulty of -- of getting over the size. >> reporter: so ch...

"what -- what -- what are the consequences?" and i said, "well, in texas, i said, you know this is a death penalty kind of case." >> reporter: and then dylan spellman asked about a deal. >> normally any person that's innocent isn't gonna ask for a deal. you're gonna profess your innocence. and he wasn't. >> now i'm thinking, "this is my guy." >> reporter: so chavez asked spellman to take a polygraph and spellman agreed. >> and how does he do? >> he fails. >> reporter: time for handcuffs, you're thinking? not quite yet. chavez could put dylan spellman at the crime scene, but still had no way of...