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At issue, we know kim potter says she accidentally used her firearm instead of her taser, and prosecution trying to argue even using her taser would have have been inappropriate. i want to take you inside the courtroom and hear what the prosecution experts said yesterday compared to what the defense expert is saying today. >> the use of a taser under the circumstances was unreasonable and inconsistent with generally accepted practices. >> was potter's perceived use of a taser efficient with training and practice? >> yes, sir. >> and why? >> the basic model policy definition of when the device ...

Opinion? was there strangulation or not? " he said absolutely not. he said, "this is just wrong. " >> so the new prosecution hired its own experts, and, well, it didn't go as planned. >> the new prosecutor on the case said that they had one or two forensic pathologists who agreed with dr. baden. >> they agreed that shirlene wasn't strangled. but these are prosecution experts. did that surprise you? >> it did. >> yeah. >> i don't think that they provided all the information that the expert needed in order to make that determination. >> the prosecution announced in court in 2010 it was abandonin...

And the only reason i picked him out of that crowd was i heard through the grapevine that his brother's car was used. >> what are you telling me this now for? what do you think will accomplish now? >> nothing. i'm just trying to come clean, i mean. >> reporter: now, that was a bombshell. livers' own attorney had never been told by authorities that he'd recanted his confession. so basically from the official story, his recantation simply disappeared? >> right. >> reporter: the cass county sheriff's department declined "dateline's" request for interviews or explanations of how this happened or, ...

So basically from the official story, his recantation simply disappeared? >> right. >> reporter: the cass county sheriff's department declined "dateline's" request for interviews or explanations of how this happened or, for that matter, anything else about the case, but in december, 2006, seven months after the murders, prosecution experts finally agreed, too, livers' confessions were deemed unreliable. >> i went over to the jail and matt was in his cell and we told him, you know, it's over. you're going home. and, you know, i probably had the biggest hug from a man that i've ever had in my li...

Matter, anything else about the case, but in december, 2006, seven months after the murders, prosecution experts finally agreed, too, livers' confessions were deemed unreliable. >> i went over to the jail and matt was in his cell and we told him, you know, it's over. you're going home. and, you know, i probably had the biggest hug from a man that i've ever had in my life. >> reporter: cass county prosecutor nathan cox was, once again, left to make the announcement. >> it's not my intention to try to convict somebody that is not guilty. that's not why i'm in this business. but winning isn't the...