A Question Of Murder

Did John Maloney Get A Fair Trial?

(CBS) 
Berry, however, is unmoved by Meyer’s findings, saying he made a big mistake by not having an outside medical expert review the autopsy pictures.

But the report certainly won't help Maloney's case, should he ever get a new trial. Still, Berry and the Maloney family remain convinced that there has been a major injustice.

"I just can't believe that something so wrong can happen over and over again," says Maloney's son, Sean, who then read their family's statement: "The Maloney family is not giving up on my dad. We love him and we know the truth. I believe in my dad. And I will fight until he is by my side."

"If there's any way I thought my dad killed my mom, I would have nothing to do with this case right now," adds Maloney's son, Matt. "I would not see my dad. I wouldn't talk to him at all. It's our mom that died. Why would we cover up for that?"

For Maloney, his sons are his biggest champions. "Yes they are. ...And I'm very proud of all of them.

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For both John Maloney and former prosecutor Joe Paulus, much has happened in the year and a half since we first broadcast this remarkable story.

State officials just last week filed new misconduct charges against Paulus, for which he is expected to serve two more years in prison.

In the interest of justice, the Wisconsin Supreme Court invited John Maloney's lawyers to present new arguments concerning Paulus'conduct and questions raised by the original 48 Hours broadcast: was the fire an accident?

"In this case there is a real issue as to cause of death and whether or not there was an arson," says Maloney's attorney for the Supreme Court appeal, Lew Wasserman.

And, did the editing of the police tapes distort the truth?

"The cameras aren't here because John Maloney is in jail. They’re here because the special prosecutor is in jail because he corrupted the judicial system at the same time he was prosecuting John Maloney," Wasserman says.

But in the end those arguments weren't persuasive enough. This year, on the eighth anniversary of his wife's death, the court denied Maloney a new trial, ruling that he had failed to present sufficient evidence.

John Maloney vows he will never give up.

Maloney can appeal again if his team uncovers new evidence of misconduct regarding Paulus' prosecution of the case. John Maloney will not be eligible for parole until 2024.