Show full transcript 0:52 tell listeners it only takes minutes to build an agent. 0:55 So, minutes. 0:56 Create your own AI agent today on Monday.com. 1:00 I'm Lester Holt. 1:01 Tonight on Dateline, Mystery in Paradise, 1:05 a classic who done it 1:06 along Florida's picturesque Gulf Coast. 1:10 It's an unusual case from the beginning. 1:13 It's almost like an Agatha Christie mystery. 1:16 There's only three people there 1:18 and one of them is dead. 1:19 that the killer has to be one of the other two. 1:24 Oh, no, please. 1:26 I don't think she's breathing. 1:28 It was heartbreaking. 1:29 It was absolutely heartbreaking. 1:30 They believed that Diane was both smothered and strangled. 1:34 There's some broken glasses at the bottom of the bed, 1:36 and a shoe, three small spots of blood on her leg. 1:39 You've got the son, and you've got the stepfather. 1:42 Each is accusing the other of the crime. 1:44 Yes. 1:45 I grabbed him, and I said, stop. 1:47 and it throws me to the ground and takes off running. 1:50 He's very good at making up stories, but that's not true. 1:54 No one on our side of the family had any doubt. 1:57 His story is all lies. 1:59 I didn't do it. 2:00 It was just such a battle. 2:02 Both sides are coming, guns blazing. 2:05 We may have the wrong guy in jail here. 2:17 Here's Dennis Murphy with True Lives. 2:28 Bill Kine knew he was a lucky man. 2:30 The single dad with five kids 2:32 was getting a second chance at love. 2:34 She was the most wonderful lady I've ever met. 2:37 He first set eyes on her at a nail salon, 2:39 a business she ran with her twin sister. 2:41 And they're standing in front of this big neon sign 2:43 that says Nails. 2:45 And I says, do y'all do nails here? 2:48 And they just looked at the sign and then looked at me 2:50 and said, yeah. 2:53 Her name was Diane, a vivacious blonde with a ready smile. 2:57 You saw Diane through the window, 2:58 so the next weekend I went to get my nails done. 3:01 Rebecca kind is Bill's youngest child gave him an excuse to meet her Rebecca 3:06 you were being used as bait I was fully aware at the time it was a light 3:12 moment and just what Bill needed only eight months earlier he'd become a 3:16 widower my wife Krista she fell in the middle of the night they say she hit her 3:22 head and now she ground in the pool I pulled her out of the pool Easter 3:25 Sunday morning in 2000 I pretty much fell apart there I was a single dad 3:30 trying to raise them and, you know, keep the family going. 3:35 He loved my mom. 3:36 He loved her to the moon and back, and then he lost her. 3:39 He was just lonely, and you could see it in him. 3:42 And my brothers were definitely egging him on 3:44 to get out and meet somebody. 3:46 And in Diane, Bill met somebody special. 3:49 Diane comes into the picture, 3:50 and he has this beautiful woman, 3:52 and now she's taking care of him. 3:55 He was in love with her. 3:56 He needed that. 3:57 He needed her. 3:58 She was actually what I consider my dream girl, blonde hair, blue eyes and just a beautiful 4:05 person inside and out. 4:06 She had just a big heart and she would reach out to family and friends. 4:10 Anyone who was in trouble, they could always count on her. 4:14 And the person who counted on her most was her son, Kevin. 4:18 Not only child. 4:19 I was actually, through my whole childhood, was raised by my Nana. 4:23 Now my mom, she worked full time and was a single parent. 4:27 Kevin could be a handful but he was always a bit of a mama's boy and Diane 4:32 doted on her young son. Me and my mom every day when we woke up every night 4:38 before I'd go to bed we'd say we love each other and we loved each other 4:42 immensely. We were best friends. Things moved quickly for Diane and Bill. 4:48 Kevin thought they seemed just right for one another. He was a kind person. He 4:52 did do a lot for my mom. He gave her what she wanted and they lived a 4:57 happy life. Bill and Diane married in 2002. Kevin was 15 5:02 years old when he walked his mother down the aisle. They 5:05 moved into Bill's home on a quiet cul-de-sac in Seminole, 5:08 Florida near St. Petersburg. A solid neighborhood, good 5:12 schools. For the first time, Kevin had a steady male role 5:15 model in his life. So how was Kevin fitting into the 5:18 picture here? Kevin was fit against the picture quite 5:21 well, really. He really took to me more than anyone else 5:26 the Diane dated with, she told me that. And, you know, we got along very well. 5:31 Kevin appreciated Bill so much he wanted to take his name. 5:35 He wanted his name to be the same as his mom and I. And I was very proud of that. 5:40 So what's wrong with this picture? Not much. Kevin got along fine with Bill. But joining 5:45 a big family with five kids was a challenge. Kevin's cousin, Tanya, says the kind kids 5:52 didn't make things easy for their stepbrother. 5:54 The kids weren't accepting them at first, you know, they were mean and... 5:59 Kevin felt like an outsider? 6:00 A little bit, yeah. I think it was a lot of friction in the house. 6:04 In the summer of 2010, things in the kind house were tense and coming to a head. 6:09 Kevin, now 23, was jobless and still living at home. 6:13 And then he had brain surgery to remove a benign tumor. 6:17 He felt he needed time to recover. 6:19 But Bill and Diane were ready for the next chapter of their lives 6:24 We had actually been talking a long time about buying our dream home. 6:31 Diane and I wanted to get out on our own, start our own life together. 6:34 We were looking for a place of our own. 6:36 But Kevin comes too. 6:37 No, you're 23 years old. 6:39 It's time for you to be on your own. 6:41 I needed to get out. 6:42 We all knew that. 6:43 And I wanted to. 6:45 They wanted the house to themselves. 6:47 I wanted to be on my own too. 6:49 I don't want to live with my parents the rest of my life. 6:51 even though we're extremely close. 6:54 On August 15, 2010, thoughts of dream homes and moving out 6:59 faded into the routine of a hot Florida Sunday. 7:02 Bill mowed the lawn and cleaned the pool. 7:05 Kevin was looking forward to the NASCAR race 7:07 and sprawled out on the couch. 7:09 Diane settled into the bedroom. 7:16 It happened a little before 2 p.m., 7:18 a desperate call to 911. 7:23 one. Then moments later, another call, a different voice. Something unspeakable had happened 7:39 in the kind house, a senseless, violent act, a mystery with lots of clues, but no easy 7:45 the answers. It's almost like an egg at the Christie mystery or 7:49 something where there's only 3 people there and one of them 7:52 is dead so the killer has to be one of the other 2. 7:56 But which one of the other 2 that was the question that would 8:00 haunt police when we come back. 8:03 It's a difficult case. The evidence at the scene. 8:07 There's some broken glasses and a shoe who would it point 8:09 to both father and son tell their stories down at the 8:13 station I says Kevin stop he grabs me he throws me to the ground and takes off 8:18 running he's very good at making up stories but that's not true 8:36 the 911 8:41 operators in Pinellas County Florida are used to dealing with life and death 8:45 emergencies but this one was different Diane kind was dead her husband and son 8:51 were both distraught and both making frantic calls first Kevin my best 8:59 Okay, calm down. Stay on the phone with me. And then, Bill, two 9:18 calls from the same location 9:21 just minutes apart. 9:23 Kevin Kine and his stepfather Bill, 9:25 each accusing the other of murder. 9:28 Oh, please, sir, very quick. 9:31 Reporter Curtis Krueger says the competing calls 9:34 were even more unusual 9:35 because they were made in the heat of the moment. 9:38 One person, presumably, is calling and telling the truth. 9:42 The other person has already figured out the story 9:46 that they're going to use that's not true. 9:48 That's pretty rare and certainly quick and devious thinking by someone father and son 9:56 One falsely accused of an appalling crime the other the real killer and a devious liar 10:02 The case would be a tough one. It went to veteran homicide detective Jim Bining 10:07 They both immediately accused each other of being the killer 10:10 So you could evaluate all these stories and figure out what's really going on. I do it's a difficult case 10:15 First responders found Diane Kine's lifeless body face up in her own bed. 10:21 Kevin's loving mother, Bill's loving wife, was just 49 years old. It appears 10:27 that she is died from a possible strangulation or affixiation and there's 10:33 some other things in the room. There's some broken glasses at the bottom of the 10:36 bed and the shoe. Maybe most interestingly there was blood. Blood on 10:41 the bed covered blood on the victim, upper leg, huh? 10:44 Yes, the victim had three small spots of blood on her leg. 10:50 Things were in disarray, both inside the house 10:53 and in the front yard. 10:54 Binding took a quick inventory. 10:56 So there's shirts and a driveway in the yard, 11:00 pair of shorts, a phone was in the front yard. 11:03 Just those visual observations, any of that stuff 11:05 explain itself to you about what might have happened there? 11:08 Not really. 11:08 No, at this point, we've got to interview 11:10 the the two people that were there. Who do you begin with? We came with Bill. 11:15 Detectives asked Bill to come down to headquarters so they could get his story. 11:19 All right Bill, you do know why we're here tonight, right? His story is he and Kevin 11:24 were gonna sit down and watch the NASCAR races on television. Bill says Kevin went to the 11:29 bedroom to talk to his mom. I hear her holler out Kevin in a loud voice and probably five, 11:38 10, 15 minutes goes by. So I get up to go see what's going on. I push the door open and I see 11:43 Kevin on top of Diane. I ran in, grabbed Kevin from the back, pulled him back off of Diane. 11:50 He slammed me back into the armoire and he scooted out the door. I caught him at the kitchen. 11:56 He was throwing me around like I was a rag doll. He shook me off again, took off for the door. 12:00 He ripped the metal off of the door handle, pulling it off so hard. 12:05 So now this tussle is going on in the yard, it's moved down to the front yard. 12:08 I grabbed him and his shirt came off. At one point, I guess his shorts came off. 12:14 He had breached into his shorts before they came off, pulled out a cell phone and he dialed 911. 12:20 And he says, he's outside of my wagon. 12:22 I says, Kevin, stop. Let's stop this. He says, okay, Dad, okay, I'll stop. 12:29 He grabs me and he throws me to the ground and takes off running. 12:33 He's gone. 12:33 He's gone. 12:34 Bill then tried to catch his breath and collect his thoughts. 12:38 His daughter Rebecca found him head in hands outside the house. 12:41 He looked so empty. 12:43 When we got to my dad, he just, he looked, he looked like you just took the life right out of him. 12:52 You took his life away again. 12:59 And I just, I broke down for him. 13:03 I couldn't do anything but just reach out and hug him. 13:05 With Bill's story on the record, Detective Bining then talked to Kevin to get his version of events. 13:11 He said it started as just another Sunday with no hint of the tragedy to come. 13:16 I was just kind of feeling a little off, so I laid down on the couch, was watching the race and stuff. 13:21 Bill tapped me on the head and said, your mom needs to talk to you right now. 13:23 And he actually tapped me on the scar. It's still scarred up and it hurt. 13:27 And I said, okay, well, I'm sleeping. I'm not feeling good right now. Tell her I'll be a minute. 13:31 And he came back again, did the same thing. 13:33 Your mom needs to talk to you right now. 13:35 I went towards her room and I pushed the door open. 13:38 And as soon as I pushed the door open, 13:39 he grabbed me from the back of the neck 13:40 and put me in a choke hold. 13:41 Build it. 13:42 Yes, sir. 13:43 And he put me in a choke hold and I was screaming, 13:45 mom, mom, mom, please help me, anybody. 13:48 And I saw my mom's face, her face was black and blue. 13:51 It wasn't even blue, it was just black. 13:54 And it was absolutely horrible. 13:56 And that's a mental picture that's gonna be in the back 13:59 of my mind for the rest of my life, probably. 14:00 You've been fighting in the front lawn. You've been calling to the neighbors for help. You're calling 9-1-1 for help 14:05 Where does it go next? Well at that point I had finally got away from him. I did break free 14:09 I ran as fast as I could. Are you running away from a murder scene? Yes, sir 14:13 I'm running away from somebody that had just murdered my mother and somebody that was trying to murder me 14:18 Now this story gets told a completely different way from Bill. His version is that 14:22 He comes into your mother's bedroom sees you on top of her that you are on top of your mother killing her 14:28 did that happen? No sir he's very good at making up stories but that's not true 14:35 you didn't kill your mother no sir I did not two distraught 911 calls two 14:40 dramatic stories describing a cold-blooded murder only one of them 14:45 could be true coming up did you lie I did not lie a polygraph DNA and the 14:54 curious death of wife number one. Bill had wife that drowned in the pool. Was Bill kind becoming 14:59 suspect number one when Dateline continues. 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You set the 15:53 time and same day each week. 15:55 Take the pre-filled syringe with you on vacation. 15:58 Or have it handy for cozy staycations. 16:01 For more information, visit livevividly.com. 16:05 That's L-I-V-E-V-Y-V-I-D-L-Y.com. 16:10 Brought to you by our GenX. 16:12 This Monday.com ad was created by a team of people 16:15 and AI agents. 16:17 The agents wrote the copy and managed the timelines 16:19 while our human creative director 16:21 made sure it all made sense. Easy. Create your own AI agent today on Monday.com. 16:35 A woman murdered two men in the house, each is accusing the other of the crime. 16:38 Yes. 16:39 Only one did it. And you have to figure out who the killer is. 16:43 That's the problem. 16:44 It's an axiom in your business that the spouse is always a suspect until they're 16:47 not. 16:48 Yes. 16:49 Detective Jim Bining started taking a hard look at Bill Kine. 16:52 Bill had a previous marriage and they lived at the same home and he had a wife 16:58 that was with a drowned in the pool. That would interest me. Sure it would. Did it 17:02 interest you? Oh absolutely. Bill's first wife, Krista, died in the middle of the 17:07 night. There were no witnesses but investigators believe she tripped, hit 17:11 her head and ended up drowning in the pool. Police ruled it an accident and 17:16 Bill collected on an insurance policy. Do you know how much money was paid 17:20 out on her death. 17:21 I believe it was approximately 250,000. 17:25 Bill had other insurance payouts, too. 17:27 One when his automotive shop burned down, another on an investment property fire. 17:33 He was also the beneficiary on policies for Diane totaling $750,000. 17:39 Are you a guy that plays fraud games on insurance companies, Bill? 17:43 No. 17:43 Every one of those was investigated. 17:45 Is this all consistent? 17:46 the arson the insurance payouts including up to Diane's death right because that's the picture that comes together against you 17:52 Yeah, I understand that this is not fraud on your part. Absolutely not 17:57 Kevin Bill's main accuser says the motive for his mother's murder is obvious 18:02 She was worth more dead than alive to his stepdad. Let me hear your indictment for Bill kind for murder kills your mother. Why? 18:10 money 18:12 750,000 dollars 18:13 Could help him out a lot 18:16 Detectives thought they had a plausible motive. 18:19 Now they comb through Bill's 911 call 18:22 and his lengthy interview on the day of the murder. 18:25 Not everything seemed to add up. 18:27 Reporter Curtis Krueger noticed something curious 18:29 reported by the first deputy at the scene. 18:32 The first responders arrived 18:34 and attempted to take a pulse of Diane 18:37 and they found her body to be somewhat cold. 18:42 And that, of course, indicates that she may have been dead for a while. 18:47 That deputy arrived just minutes after Bill said he'd caught Kevin in the act. 18:51 Diane's body temperature may have suggested a different timeline. 18:55 Detective Bining was troubled by another part of Bill's story. 18:59 He said he never went back to check on Diane after Kevin ran off. 19:03 I assumed that she was already dead. 19:05 But it all been so brief. 19:06 Did you get a good look at her? 19:07 No, I did not. 19:08 What her condition was? 19:09 I would think when you come back in you'd immediately go to her bedside and see what's coming on that probably would have been 19:15 I wish I would have but you didn't do that. I didn't do that 19:18 Bill would not have had to check on Diane if as Kevin said he was the one who killed her and 19:24 When the crime lab reported on the first item sent for DNA testing the results seemed to place bill directly at the crime scene 19:32 Remember Diane died of asphyxiation 19:34 Testing showed Bill's DNA profile on a sample taken from her neck. 19:39 We were a very loving couple. We slept in the same bed together. 19:43 Yeah, my DNA should be on her. 19:45 A reasonable explanation for a bad fact, but was it the truth? 19:49 Detective Binding reached into his toolbox for something to help assess Bill's credibility. 19:55 He asked him to take a lie detector test. 19:58 You agreed to take a lie detector test and you flunked the critical questions. 20:04 I've flunked certain questions. 20:06 Two questions, and I won't paraphrase it, but they both had to do with whether you caused 20:10 her death or knew what happened to her. 20:13 One of the questions, did you cause the death of Diane Kine? 20:17 Bill's answer, no. 20:18 Another question, did you lie about Kevin being on top of Diane on August 15, 2010? 20:24 Bill's answer, once again, no. 20:27 According to the test results, both of those answers showed deception. 20:31 Central stuff, not peripheral stuff, these central questions, you're not getting through 20:36 the lie detector. 20:37 Did you lie? 20:38 I did not lie. 20:39 That's why they don't use lie detectors in courtrooms because they can issue false readings. 20:47 If the guy's flunking the test and the son says he did it, it's not a good set of facts 20:51 for Bill, is it? 20:52 No, that's why we, now we have to attack Bill. 20:55 Did they ever? 20:57 Binding along with Detective Anthony Stevens 20:59 brought Bill in for more questioning 21:01 the same day he flunked his polygraph test. 21:04 This time, they put the screws to him. 21:07 She's dead and there's only two people that could have done it. 21:11 And I'm here to tell you right now, his DNA is not in her neck, yours is. 21:15 Y'all just said you didn't go in the room too. 21:17 You already knew she was dead. 21:20 That's why you didn't go in the room. 21:22 And the only way you could have known that is to possibly be involved. 21:26 It was a withering interrogation and Bill Kine cracked. 21:30 He changed his story and said he did in fact go into his bedroom after the fight with Kevin. 21:35 Why would you lie to us about certain statements? 21:39 Got no logical explanation. 21:41 If Bill thought changing his story about going into the bedroom to check on Diane made 21:46 him look better, he was probably the only one. 21:49 I have told you what really happened. 21:53 Which version are we supposed to believe? 21:57 Because you haven't been truthful to us at this point. 22:00 You see how this is going? 22:01 Mm-hmm. 22:02 You failed a polygraph. 22:04 Your DNA is on our neck, his isn't. 22:08 The mountain's starting to build. 22:11 Detectives thought it looked like a mountain of evidence against Bill Kine. 22:15 What would the evidence say about Kevin? 22:19 Coming up. 22:21 His glasses were found at the bottom of the bed. 22:23 Could there be a mountain of evidence against Kevin, too? 22:26 That's that your blood was found on your mom's leg. 22:28 What's your explanation for that? 22:43 Detectives thought they had compelling evidence 22:45 against Bill Kine. 22:47 And when they started checking out his steps on Kevin, 22:50 they realized he'd been on their radar before. 22:53 Your deputies had a history of being called out to that house. 22:56 They did. 22:57 Five years earlier, when Kevin was 18, 23:00 he got into an argument with his mother's sister. 23:02 Assistant State Attorney Bill Lowry 23:04 describes what Kevin did next. 23:06 The police showed up, he fought with the police, and even was trying to have his dog attack 23:13 the police during it, and so he was arrested for battery and law enforcement officer-resisting 23:20 arrest. 23:21 Kevin pleaded guilty, and now deputies from Pinellas County were back at the house, this 23:26 time investigating the murder of Dianne Kine. 23:29 Bill, who'd said his son did it, was painting a picture of Kevin's violent past. 23:34 I had never seen anybody act the way that Kevin acted out. 23:39 Just three months before, Bill said Kevin had brandished a knife against his mother. 23:44 He was frustrated about something and said, 23:47 you're going to listen to me. 23:48 He had a knife in his hand and it scared the heck out of her. 23:52 Kevin says that never happened. 23:54 Was Bill deflecting attention away from himself 23:57 or telling the truth about the man he insisted killed his wife? 24:00 His daughter, Rebecca, backed him up and attacked Kevin in her interview with the cops. 24:06 He was a little hot-headed. He would come in and throw his weight around. 24:11 Like the time, she said, Kevin tried to goad Bill into a fight at the house, sickening the cops on him. 24:17 He would puff up and get in my dad's face, screaming for him to hit him. 24:22 Please hit me. I'll call the police and you'll go to jail right now. 24:25 Things got so bad, Bill and Diane even took legal action to throw him out. 24:31 I went to my attorney, he drew up the papers and we had him legally victim. 24:35 You can do that? You can evict a child? 24:37 He was 21 at the time. 24:40 But Diane loved her only child and couldn't cut the cord. She let him come home. 24:46 The summer of 2010 however was racing towards a showdown. 24:50 Tensions in the family were high. The kind house was cramped with four extra people. 24:54 Bill's son and his family camping out on couches because of financial troubles. 25:00 Kevin wasn't making things any easier obnoxious about sharing the household computer. 25:05 He was the computer hog. 25:07 That's all he ever wanted to do was sit on the computer. It wasn't even his computer. 25:11 But he would change the passwords and kick everybody off. 25:14 Kevin's mother was furious. She'd stopped talking directly to him, 25:18 trying to avoid the persistent arguments. 25:20 They're just talking via emails. 25:22 Completely. 25:22 30 feet across the house and they're communicating by email. 25:25 Not even 30 feet at times. 25:27 The last straw was Kevin cursing out his mother in front of the encamped family. 25:32 Called her a bitch, called her the C-word, called her a retard. 25:38 Diane and Bill gave Kevin a deadline to get out for good, September 21st. 25:43 But five weeks before that deadline day, Diane was dead and Bill said Kevin's temper 25:48 and violent past pointed to him as the only one who could have done it. 25:53 Did Kevin Kine kill his mother Diane? 25:54 Yes. 25:55 And the reason he did it? 25:56 Because he was being kicked out of the house and wanted to get his own way. 26:00 And the reason that you should not be looked at for her murder is what? 26:03 I didn't do it. 26:07 I'm the one that pulled her murderer off of her that day. 26:10 But Kevin had already told detectives that that was all lies. 26:14 He hadn't been near his mother, never made it into the bedroom. 26:18 Detectives, however, knew they'd found something important inside, and it belonged to Kevin. 26:23 His glasses were found at the bottom of the bed. 26:25 Which seems to belie his statement that he didn't get into the room. 26:28 Right. 26:29 Kevin's violent history and those glasses did him in. 26:32 He was arrested, charged with killing his mother, and held in jail. 26:36 But that wasn't the end of the story, not by a long shot. 26:39 Remember, Bill Kine had flunked his lie detector test. 26:43 Kevin, meanwhile, had also agreed to be wired up. 26:45 They asked you the critical questions? 26:47 Oh, of course. 26:48 All around one question. 26:50 Did you kill your mother? 26:51 Exactly. 26:52 You passed the polygraph test? 26:53 Yes, sir. 26:53 Passed it flying colors? 26:55 When the polygraph stuff came back, you know, your thought was, we may have the wrong 26:59 guy in jail here. 27:00 The prosecutor acted quickly. 27:02 He handed Kevin a get out of jail free card, releasing this accused killer back into 27:07 the community. 27:09 I felt as a prosecutor, and my goal here is justice, I thought it would be wrong 27:14 to have Kevin sitting in jail with with the status of the case at that moment now that doesn't necessarily 27:19 mean we had enough evidence to put Bill in jail. So the prosecutor convened a grand jury in early 27:25 2011 hoping to sort things out. He asked Kevin's lawyers about letting Kevin testify. Alison Miller 27:32 was one of his public defenders. We found him credible we found him compelling shoot maybe 27:36 we put him in front of a grand jury and they believe him and he never gets indicted. I wanted 27:40 the story out there. I wanted the truth to be out there and I felt like it would 27:45 help me if I could present myself to these people. Kevin told his story to 27:49 the grand jury how he stood at the bedroom door shocked by his mother's 27:53 ghastly appearance and then Bill jumping him from behind. He goes into how he 27:58 never went in the room but Kevin was in a big disadvantage. He at that point 28:02 doesn't know about the blood evidence. Three specs of blood had been 28:06 found on Diane's leg and more on her bed cover. Lab analysis just back 28:10 showed it was Kevin's blood, but only the prosecutor knew that. 28:14 I said, you know, your blood was fine on your mom's leg. 28:17 What's your explanation for that? 28:20 I have no explanation. 28:23 In the battle of competing stories, the grand jury broke the tie. 28:27 Kevin Kynes' gamble to testify had backfired. 28:31 He was indicted on the spot for first-degree murder. 28:34 As he's leaving the courthouse from the grand jury, 28:36 he's brought back in and arrested again. 28:38 The case had been unpredictable from the start. It had rival 9-1-1 calls. 28:43 He's outside of my wagon! Don't do it! 28:45 Conflicting murder accounts. 28:47 I just killed my wife. 28:49 Now in the courtroom, there'd be even more surprises. 28:54 Coming up. The Sandal Scandal. 28:58 He actually says, I've never seen them before. 29:01 But what did science find? 29:02 His DNA was on them. 29:03 What a jury vote to convict Kevin or could it still swing right back to bill? 29:11 It's just so fake when dateline continues 29:16 Hey, it's Dan Cummins if you're into the weird the wild and the downright bizarre check out my podcast time suck 29:22 Each week I dive into shocking stories like the rise of the nexium cult the origins of conspiracies like QAnon and the 29:29 San Francisco witch-killer murders. 29:31 With deep dives and dark humor, Time Suck brings you the stories that'll fascinate you, make 29:35 you laugh, and fill your head with lots of strange facts. 29:38 New episodes drop every Monday. 29:40 Join the cult of the curious. 29:42 Follow Time Suck wherever you get your podcasts. 29:45 With the Vivgar-Titrulo, Esgar-Tigamot-Alpha, and Tyleronaday's QVFC, pre-filled syringe, 29:51 self-injection is in your hands. 29:54 It's your treatment routine. 29:56 You set the time and same day each week. 29:58 Take the pre-filled syringe with you on vacation. 30:01 Or have it handy for cozy staycations. 30:05 For more information, visit LiveVividly.com. 30:09 That's L-I-V-E-V-Y-V-I-D-L-Y.com. 30:14 Brought to you by our GenX. 30:16 You know that feeling. 30:17 Too many updates, too many meetings, 30:19 too many things falling through the cracks. 30:22 Monday.com was built for that gap. 30:24 The AI work platform designed from the ground up 30:27 for people and agents to work side-by-side and deliver more. 30:31 Together, drafting the brief, flagging risks, running a competitive scan, 30:35 your agent can do it all. The best part, anyone can build one. 30:39 Even you, try it. Create your first Monday agent today 30:43 at monday.com. 30:54 July 2012, two years after Dianne Kine was murdered in her own bed, 31:01 her son Kevin stood trial for killing her. 31:03 Bill Kine, the other man who'd been under intense suspicion, came to the 31:07 courthouse every day, still feeling the loss of his wife. 31:11 She was everything I'd ever dreamed of in a lady. We were gonna spend the rest of 31:15 our lives together. 31:17 In this unusual case of dueling 911 calls and conflicting murder accounts, 31:23 Prosecutor Lowry was confident that blood evidence would sink the son's 31:27 story 31:27 and fully support the husband's. Who was your best witness? 31:30 I think probably Anacox was, really. 31:33 Anacox, a bloodstain expert, 31:35 testified that Kevin's blood was not only on his mother, 31:38 but also on her bed cover. 31:40 If he says he wasn't in the room, 31:41 does your scientific finding deny that premise? 31:43 Yes. 31:44 There's no question to your mind. 31:46 Science tells you he was in that room. 31:47 Yes. 31:48 You had to be right next to the comforter. 31:51 To the prosecutor, it was a home run confirming 31:54 Bill Kyn's story. 31:56 That he opened the door and saw Kevin 31:58 straddling the bed on top of Diane, and Lowry argued, Kevin's blood at the crime scene had 32:03 to get there during a struggle with his mother, or when Bill pulled him off her. 32:08 It put the lie to his story that he was not in there. 32:10 There's no innocent explanation. 32:13 And his broken glasses had been found in the bedroom, along with Birkenstock sandals, 32:18 one inside the room, one by the door. 32:21 He was adamant they were not his sandals. 32:23 Yes. 32:23 He never wore them. 32:24 He actually says, I've never seen them before. 32:27 But what did science find? 32:29 His DNA was on him. 32:30 So why would he lie about those shoes? 32:32 And the reason he lies is because the shoes show he's in the room. 32:37 Bill Kine took the stand to tell his horror story about that day, and he put his personal 32:42 stamp on those Birkenstocks. 32:44 Diane and I bought them for him at Sam's Club about a year or so prior to this incident. 32:51 Bill recalled the time when Kevin tried to pick a fight with him, then called 911. 32:56 Testimony the defense fought to keep out but lost I wanted the jury to know 33:01 that he was like a boy who cried wolf who would make 9-1-1 calls frequently Bill 33:09 said Kevin was hardest on his mother especially in the summer of 2010 when 33:13 she gave him the deadline to move out and he cursed her out in front of the 33:17 whole family that's it she says I can't live with you one second longer how 33:22 How close is that to the day? 33:24 The awful day. 33:25 Probably a week. 33:28 The prosecutor theorized Kevin just snapped and killed his mother in a rage after one last 33:34 argument. 33:34 Kevin's lied, his DNA is in the room, it's consistent with Bill's story, it's inconsistent 33:40 with his story, therefore he did it. 33:44 We both believed Bill Kine was the person who killed Diane Kine. 33:48 The defense argued that Bill's story was not true and that his DNA was all over 33:53 the crime scene. The DNA on Diane's neck, the DNA on the pillows, the DNA on the folded 33:58 sheets, to me was a slam dunk. That's reasonable doubt. The defense offered a theory that Kevin's 34:04 blood had sprayed toward the bed after he was scratched by Bill in their fight at the door. 34:10 The defense also argued that Bill was the real killer. If it's not our guy, it has to be him. 34:16 Well, we did say that. I don't know if it was just not as aggressively as it needed to be said. 34:22 Maybe if they'd hit Bill harder, jurors would have found reasonable doubt. 34:27 But they didn't. After four hours, the jury came back with a verdict, guilty. 34:31 Second-degree murder, Kevin Kine was sentenced to life in prison. 34:35 My throat went down to my ankles. I mean, it was a horrible feeling. 34:41 There were no winners. Kevin was going to be in jail for the rest of his life. 34:45 I had lost the woman I was going to grow old with. 34:48 It was heartbreaking. 34:51 But Allison Miller still believed in Kevin 34:53 and wouldn't give up. 34:55 Murder convictions rarely get overturned, 34:57 but Allison thought an appeal had a solid chance. 35:01 She'd objected to the judge letting in the old 9-1-1 call 35:04 Kevin made to get Bill in trouble. 35:06 I argued that should not be admissible. 35:08 She said it prejudiced the jury against Kevin 35:10 and an appeals court agreed. 35:13 Two years after his conviction, Kevin was granted a new trial. 35:17 It was a stunning turnabout. 35:19 Allison rushed to phone Kevin in prison. 35:22 So I called and said, can I speak to Kevin Kine? 35:24 And some very helpful person was like, well, honey, 35:27 it doesn't work like that. 35:28 We can't just put him on the phone, you know, 35:30 and you have to schedule an appointment. 35:31 And I was like, can you just tell him 35:33 he's getting a new trial? 35:35 I was astounded. 35:36 I was extremely happy. 35:39 I was hurting for my dad. 35:42 No one on our side of the family 35:45 had any doubt as to what happened that day. 35:49 In February 2015, it was Florida versus Kevin Kine, 35:53 round two. 35:55 Same courtroom, same judge, 35:57 and same prosecution strategy. 35:59 So there's really nothing to change 36:01 in considering that he was convicted the first time. 36:05 You know, it wasn't like he would say, 36:06 oh, we should have done it this way, 36:07 or done it that way. 36:08 This picture shows... 36:09 Not so for the defense. 36:10 Allison Miller and co-counsel Jessica Manuel 36:13 were in attack mode from the opening gavel. 36:16 We're going to fight everything that needs to be fought. 36:18 If we're going down, we are going down swinging this time. 36:20 You know, the judge in the state, they kept telling us, 36:23 well, this wasn't an issue the first trial. 36:25 Nobody objected to this the first trial. 36:26 Hey guys, I don't know if you realize, 36:28 but we're hoping for a different outcome. 36:31 One jaw-dropping difference, the defendant himself, 36:34 a classic before and after weight loss, 36:37 about 75 pounds worth. 36:39 When I went to prison, 36:40 My main goal was to lose everything and become fit 36:43 Lot of courtroom observers thought you cleaned your client up quite a bit in appearances and also his 36:48 Interior his demeanor. Yeah, he looked a lot more presentable and also he grew up a lot 36:55 The defense had pulled its punches on Bill Kynne in trial one, but not this time. He's the obvious suspect 37:01 Now it seemed as though Bill was the one on trial 37:05 Bill kind has lied over and over and over again. He's lied to save his own skin 37:11 He's lied to protect himself 37:13 He's lied to set up my client for murder and the state expects you to convict Kevin based on that man's word 37:20 It's funny judge. You probably said 20 times, you know, there are two sets of prosecutors in this room 37:25 Alison Miller played Bill's 911 call asking the jury to use its common sense. Why didn't he rush in to save Diane? 37:44 It's so fake. I mean, the heavy breathing and then he starts to get emotional. Oh, 37:47 Diane. It's just so fake. This case is about money. The defense also hammered hard on 37:56 motive. 37:57 Bill's. 37:57 Bill Kahn collected $750,000 when Diane Kahn died. 38:03 Three-quarters of a million dollars sounds a lot more like motivation to me than a computer 38:07 password or wanting to stay in the house. 38:09 The rebooted defense now had one last change. 38:12 A blockbuster new witness. 38:14 And what is your decision? 38:16 I'm going to testify now. 38:19 Coming up. 38:20 On the stand, there'd be some changes too. 38:23 The sandals he never wore? 38:25 No, I wore them the bedroom. He never entered. I might have took one or two steps 38:30 Just opening the door will a jury believe his story this time 38:46 We felt confident that he would be able to hold it together. You never know. You never know exactly 38:52 I think we all know who you are, but tell us your first and last name for the record, please Kevin Lee kind 38:57 This wasn't Kevin's first time under oath. He testified before the grand jury and that's when he got indicted 39:04 Now here he was again putting himself and his story on the line. It was a high 39:10 stakes gamble. Kevin was instructed by his attorneys Allison Miller and Jessica 39:18 Manuel to talk directly to the jurors. We said if you expect them to believe 39:23 what you're saying you better look them in the eye and tell them the truth. 39:27 Did you ever call your mama bitch? I did. Did you ever call your mama 39:31 reach our unfortunately I did we said Kevin is this true are you 39:35 disrespectful yes ma'am well then you can see it all a preemptive strike part 39:40 of the plan to soften Kevin and give jurors reason to doubt that an 39:44 immature bratty 23 year old could turn into a cold-blooded killer what this 39:49 jury wants to hear is you say you didn't kill your mother Kevin did you 39:53 kill your mom no ma'am but evidence of Kevin's blood on Diane's thigh had 39:57 always been the defense's toughest challenge. 40:00 The state's theories, the blood got there 40:02 once Bill and Kevin start struggling. 40:05 But from day one, Kevin had maintained 40:07 he never entered the room when he was attacked by Bill. 40:10 Now he would give himself and his blood 40:13 some wiggle room to get closer to his mother. 40:15 When you opened the door, did you 40:17 take any steps into the bedroom? 40:19 I might have took one or two steps just opening the door. 40:22 In cross-examination, the prosecutor 40:24 challenged Kevin as a flip-flopper. 40:26 Just taking one or two steps, this is the first time you've said that in four and a half years, right? 40:34 I was always saying that I've opened the door and that's as far as I've went. 40:39 You were always saying you never went in the bedroom, right? 40:42 I did not go further than the door, sir. 40:44 I think Kevin was probably in a state of shock and I'm not sure he entirely knows 40:49 how far he got in that bedroom. 40:51 Kevin also shifted his story on those sandals.
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