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Homicide case. i want forensics. i want a confession. and i want an eyewitness. in this case, i had none of those things. reporter: ed bull would pretty much follow the map of the civil trial, but the jury wasn t allowed to know about the civil case or its outcome. and bull s hands would also be tied by the judge s ruling that the jury wouldn t be allowed to hear about jason s affair, or the steamy texts on his secret phone, and that jason had lied about all of that at first. tara hoch, the girlfriend, took the stand, but only to testify to the gap in jason s timeline and to the abrupt end to their conversation. was your conversation that morning without telling us any of the details such that you expected it was at a logical stopping point? no. reporter: as to motive, in his opening, the d.a. had mentioned the financial pressure on jason. but in the end, he found it hard to explain why jason would have shot shirley in cold blood. there s absolutely nothing i can tell you ....
Jason carter. how frequently were you guys having sex? uh, on average it would be several times a week. did you ever tell mr. carter that you loved him? i did. did he ever reciprocate and tell you that he loved you? he did. reporter: and bill s lawyer said that on the morning of the murder, jason and tara exchanged more than a hundred texts on that secret phone, some of them steamy. do you recall what your last text message from mr. carter was? um, it was something sexual. reporter: weinhardt said the conversation ended only when jason stopped texting as he pulled up to his parents house. text, text, text, text, text, until 10:50 a.m., at which point the text traffic goes dark. reporter: quiet for 13 minutes until jason made a phone call to his sister, telling her their mother was dead. weinhardt argued that was more than enough time to kill his mother and stage a robbery. plaintiffs call jason carter. mr. carter, if you would come up. reporter: then came ....
The father, the plaintiff. his son, the defendant. the burden of proof is much lower than it would be in a criminal trial. the plaintiff only has to prove the defendant liable by a preponderance of the evidence. in other words, 51% likely that you are right. reporter: bill carter s lawyer played jason s 911 call. he argued jason stated something about the time of death he couldn t possibly have known. looks like she s been laying here for two hours. and you hear him say that his mother has been dead for two hours, which medically is absolutely not the fact based upon what we know about the condition of the body. but also, why would he be saying that, other than to already start to create the narrative, hey, it wasn t me. reporter: then bill s lawyer attacked jason s character to show the jury he wasn t a devoted family man. do you solemnly swear? i do. reporter: jason s other woman took the stand. her name, tara hoch. she was questioned by another of bill s attorneys. ....