Dateline   |  June 28, 2013

'Suspicion,' Part 6

The Utah County Sheriff’s Office receives a phone call that changes everything. 

Share This:

This content comes from Closed Captioning that was broadcast along with this program.

>> reporter: summer turned into didn'ter again. the family marked a grim anniversary of kay mortensen's murder. as pam and roger cooled their heels in jail awaiting trial, all the while maintaining their innocence. pam said she was offered a deal if she turned state's evidence against roger .

>> if you just tell them what they want to hear then you could go home. but for me, i was not going to lie just so that i could be a free person.

>> reporter: roger 's public defender , anthony howell believed his client was in know sent.

>> i was looking for that piece of evidence that would be, explain. there was nothing.

>> reporter: here was the rub, howell knew juries. and as trial approached, he was deeply unsettled.

>> i was worried he was going to be convicted regardless of what i tried to do.

>> reporter: why?

>> because this is the kind of case where -- a jury would be worried that if they didn't convict, that they would be letting a murderer go free.

>> reporter: but howell didn't get the opportunity to defend his client in court. the reason was that phone call to the utah county sheriff's office. a call from a woman named rachel bingham . and here's what she had to say.

>> reporter: what she had been blocking out was a bombshell. her ex-husband, martin bond, told her he and a friend, benjamin rettig went to kay 's house to steal his guns.

>> reporter: bond she said told her everything. and cut his throat, and then, he just said that right after that -- they heard the doorbell ring and it was the two.

>> reporter: the two -- were roger and pam . and we know the rest of the story. rachel bingham kept the secret for months until finally her conscience one out. the police told one more thing how the crooks got the drop, they were old friend, kay , armed against intruders welcomed him in and turned his back to his killers.

>> he had planned for any worst case sa thein scenario, exempt for the one that happened.

>> reporter: in that there are so many ironies.

>> yeah.

>> reporter: the biggest, roger and pam 's, crazy story about armed intruders was true all along. although sergeant knudsen had

>> i can peick up the case. i can read through it. i can see discrepancy, after discrepancy. i can see.

>> reporter: can you see where maybe that ain't enough?

>> uh-huh.

>> reporter: as for treating as possible evidence the dream sequence of a girl on meth -- this is evidence?

>> well it's more circumstantial evidence . it is a lead.

>> reporter: you would call that circumstantial evidence ?

>> something we follow up.

>> reporter: saying she had a dream.

>> it is a good dream. it's pretty close.

>> reporter: in the end the prosecutor admitted he and the detective detectives got it wrong.

>> based upon the new physical evidence that we have located, we anticipate dismissing the charges against roger and pam mortensen tomorrow.

>> roger and fame were freed.

>> those 4 1/2 months seemed like 4 and a half thousand years. i felt like i was in there forever.

>> reporter: pam got a standing owe vae ovation from an unlikely crowd.

>> as i was walking out of that big dorm area. there was 90 women, clapping and cheering for me. they knew i was innocent. and for me, having the situation that i, that i, that we dealt with, with roger 's family turn turning against us, friend turning against us, to have that support of the people that people would consider criminals, to have them cheer and, and yell and scream, was a very emotional thing for me.

>> reporter: pam wanted the prosecutor to issue a public apology that would help make up for what all this cost them, she said. we offered the prosecutor this forum.

>> am i sorry, yeah, i am. i have no problem with saying that i made a mistake. we didn't try to defraud anyone. we didn't try to lie. we didn't try to fabricate anything. we made a mistake.

>> reporter: pam and roger filed a lawsuit arguing that the prosecutors and detectives lied to the grand jury . but just a few months later the u.s. supreme court ruled that grand jury witnesses and prosecutors were immune from civil litigation . so the judge dismissed their case.

>> rorter: let me understa this, the police come to your house, you are arrested, your names are dragged through the mud, then somebody gets the right guy, and they say, well, bye, see you later .

>> exactly.

>> reporter: as in so many cases, bond and reddick ended up blaming each other. rettig got a deal. took 20 to life. and bond convicted. life without parole . the star prosecution witness, rachel bingham . and it and if she hadn't come forward, would two innocent people be in prison?

>> this will chase you?

>> a little. the case is closed down. what i am happy about, for me personally the family has closure.

>> reporter: but do they? it isn't just kay 's murder they must learn to live with, but also the wreckage strewn for god knows how long, through the family story.

>> i had emotions of happiness and relief but still there is some regret that i didn't support roger and pam . from the beginning.

>> it changes your perspective on the world it really does.

>> reporter: and by the way, said roger and pam , a little piece of advice.

>> if anything happens and there is anything dealing with law enforcement , you don't say a word. and you get an attorney.

>> reporter: as for darla who had finally found the love of her life -- what was there to say?

>> reporter: that moment of sunshine snatched away, huh?

>> yep, you just take what life brings you. i's not always what you expected. when you are a young girl you have your dreams of what your life is going to be. somehow it just doesn't quite work out that way.