Martin Tankleff (CBS)
But that new evidence will not go unchallenged.
"This is not a game of stickball where you do a do-over," says assistant District Attorney Leonard Lato, who is fighting to uphold Marty's verdict. "There's a verdict, there's appeals, there have been federal habeas petitions. He's lost. They must come forward with clear evidence to show that that verdict is incorrect."
"Two people are brutally murdered. One person slept through the whole thing. That's bad for Marty Tankleff from the beginning," says Lato.
"You have an individual, Joe Creedon, a career criminal who told several people that he was involved in the Tankleff killings," says Moriarty.
"A lot of people bragged to killing President Kennedy. Doesn't mean that they did it," Lato argues.
Lato claims Joe Creedon took credit for the murders only to enhance his violent reputation. But wait until you hear what this woman says: Karlene Kovacs met Creedon at a party and says he sounded all too sincere when he told her about the crime.
She says she thought Creedon was telling the truth when he allegedly told her about the murders.
Kovacs, one of the first witnesses to testify, gave a sworn affidavit nine years ago. "I just feel like it was thrown in the garbage. And it was overlooked. And no one took me serious," she says.
Still, the witness everyone is waiting to hear is Glenn Harris. He is brought to court from jail, where he is serving time for a parole violation.
"He will be telling the truth today. Of what happened the night of the murders," Salpeter says.
But when Marty's star witness takes the stand, he does something no one expects: he refuses to testify on the grounds he might incriminate himself.
Assistant District Attorney Lato says that as Harris told and retold his story to several people, his story kept changing. "In my view, he isn't testifying because he doesn't want to get up on the stand, subject himself to cross examination, and be exposed as a liar," says Lato.
Salpeter believes that Harris is afraid that the district attorney — who refused to give him immunity — will charge him with the Tankleff murders.
"I think the district attorney is doing everything possible to muzzle Glenn Harris," says Salpeter. "If he doesn't believe Glenn Harris, you know what? Put him on the stand and prove that Glenn Harris is a liar."
Asked why he wouldn't give immunity to Harris and find out, Lato says, "Because you don't give immunity like you're giving away candy. If I gave Glenn Harris immunity in this case, every defense lawyer in Suffolk County would rightfully come in and say 'I want immunity before my person cooperates.' "
It's a terrible blow for Marty Tankleff and his family. But Marty's case isn't over yet: Joe Creedon's son has yet to take the stand.
- Unraveling the lies of Jodi Arias
- The War in Chicago
- The mind of a killer: Unraveling the lies of Jodi Arias
- Murder at Sea?
- Over the Edge
- "48 Hours Mystery:" Rodney Alcala's Killing Game
- The real story behind Miami's murderous Sun Gym gang
- Extra: Meeting Jodi Arias
- Muscle and Mayhem
- "48 Hours" Program Schedule
- Power and Passion
- Murder at Sea? The disappearance of George Smith
- Why is Jodi Arias smiling in her mugshot?
- My Dad's Killer
- Jodi Arias Police Interrogation, Day 1
- The Writing on the Wall