In his only interview, a New York dentist charged with murdering his lover's husband vows that he didn't do it -- but could he go to prison for something else? "48 Hours" correspondent Richard Schlesinger investigates.
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the.
I'm. A scolding was dead in a vehicle in a parking lot of fitness, plaza
The car was sitting here. Yes, actually this particular spot right in front of us. There was nothing in the car that would suggest anything of him being attacked or anything obvious of physical, try,
When I was told that my father died everything
ever known changed in a second, my dad.
It was an amazing father to four kids and a great man at first we thought it was a heart attack, something natural but sudden after the autopsy. We knew something was wrong. Something happened to the doctor label it as acute medallion poisoning. Poisoning, yes,
madison wardsman dazzle. I am at this conscious entity, its use in hospital settings also in dentist office who do oral surgery
There was no reason for it to be in a system. Is it like that that you train
mine, go right. Homicide base year
who calls and video on the corner there building Tom. I need this video. What's goin up real quick, we'll take a look at it.
There's no cars that meet him. There
sure enough, there was a car that pulls in the parks first, so he shuts the car down. This is a Tom coleman's car pawn and right there, it's four. Fifty four am our victim tom coleman.
Close up side by side, I was basically I wish so
He had knowledge of literally speaking with our victim that morning.
see the white suv here, leaving we started thinking with circle people closer tom, common
and the only person with a white suv was gilbert.
newness they
like the gilding is who
My dad's best friend we had that we knew it was shocking promotional you of course
emotional, because almost my best friend truly we had the unesco metres from
I know
no
I wasn't there broke,
said over a hundred times, mister newness his profession was
dont, know to reword tunas. Size
my patience with dignity and undoing
What can I do for them? I just like to serve people not to hurt anybody.
I'm innocent! I haven't done anything wrong. This is a.
in case without murder,.
The
It was unusual this individual, the way he was positioned in the car and where he was part. It was unusual. On november, twenty ninth two thousand eleven detective Michael Thomas answered the call when forty four year old Tom comment was
dead in his car. He was actually in the driver's seat, but yet he was laying almost flat as you would as if you were sleeping it was in the kingston planet. Fitness parking lot in Austria, county new york was
parking or building. That's the strange thing: if you're gonna go work out in the morning, you're going to park close to the building the car's location, caught the attention of fellow detective brian review
Lieutenant kyle variety, they wear
intrigue interested this all cases.
They eighteen hundred miles away in colorado, thomas debt.
couldn't process it Tom's exe.
Life Michel could not believe that time,
who seemed healthy had died, never cross me
in that it could be anything other than something tragic. Health related measures
Oh and Tom had been divorced for twelve years, but they remained close. They had two children Julian, who was then fifteen and bradley. Who was seventeen michel had to tell the kids there
other was dead. I didn't know how I was going to say it, so I just figured just get it over with you heard the words you dad is dead.
My immediate instinct was no, I'm gonna call.
and he will answer because he always has. He asked me, find
Does he asked me.
He just had a kindness of Adam. He so is there
for everybody,
mother Marie and his father Tom senior were proud of their son, who had a doctorate in physical therapy, eurasian somebody, you have hopes and they fulfil those hopes and they become successful.
Tom was more focused on spending time with his family than with friends, but he didn't have one very close friend.
You'll, baritone, nunez nunez was going through a divorce but was still a devoted father. He met the commons at their kids school and soon tom, gill and tom's wife, Linda all.
grew. Close was linda, who found Tom
For she learned he didn't show up for work. She went out searching Linda, knew that Tom went to planet fitness most morning,
so that's where she went and its where gill, when,
He said he heard something: bad happened
when he initially got there, he ran towards thomas coalmines vehicle. What happened? What happened he's my best friend I didn't see rebound
in front of the cbr. You can see anybody doing anything. So I'm like why what's going on this is new years is only television interview and that's when I found out that thomas that you know there's nothing. You can do for him.
drop to his knees. I would use really observe my best friend was. Was there
Did it seen over dramatic to over dramatic absolutely ten percent
roberto nunez is originally from the dominican republic. He is
well known in kingston, he's a volunteer fire fighter with a thriving dental practice.
Darting, as is one of the best denton.
It's I've ever worked for mary,
when mcmanus spent thirteen years ass, doktor nunez is dental hygienist I
never heard him raised his voice. The angrier fly off the handle, but detectives had questions about new year's
Worse still, waiting for the final autopsy results, but they remembered something from the day they met him.
I arrived at the scene in a white suv and they believed that surveillance footage, though very
worry also showed a white suv
Elsa whistles went off its very high,
to see, but that's Tom's car next to it in the nearly empty parking lot
the police called nunez in for an interview three days after Tom's death
we're we're trying to figure out what happened at that point? It was
informational meeting of seeing what he wanted us to now. Do you
to them, to know a lot especially
We about his love life and Tom's wife
I know, but neither do we we have. We have
police it
rumours of an affair between nunez and Linda coleman, but they hadn't.
Firmed anything turns
I got all the help they needed with that. From of all people, Nunez himself always lie
He told them all about their eleven months liaison.
You can lie, or just for like three weeks
This was a guy who was sitting willie, detectives,
oh by the way I had an affair with the wife of the dead guy.
I used to allow there to be right. He wanted to make that clear. So that seems to me anyway to be to the unusual my road here. There is a very unusual I didn't want to.
keep something that I know that
want to find out anyway forced to begin work on second,
made me look like and are now being honest with them about anything, I'm saying to them: public
the change Mary,
at the time now discovered your friend. Yes, it was my friend at all, but if that is really what it might have been awkward, but
stop gill or linda when they were,
Together, they text it constantly more alike team.
Agers than middle aged lovers Bobby, you are miss you. I wish you were here. They celebrated anniversaries, monthly, with cards like this from Linda to kill her little devils stud muffin. Did you urge her to leave
her husband? Now I was not thinking of talking.
About that we wanted to ask Linda.
About her relationship with Tom and gill, but she declined our request to be interview.
He'll says the affair was going well and kept going even after Linda's husband, the man he called his best friend
learned all about it that my definition
best friend. How did you hear about it? That is one of the most peculiar parts of this case,
Nothing kindest surprises us anymore, but that was definitely at the top of the list.
The
I wanted to talk to him, so I can explain to them that this is not something that I plan on something which is something that happened
Chances are pretty good. You ve never heard of an affair, quite like the one doktor gilberto nunez was having with his best friends. Wife, Linda comment
For one thing, nunez wanted to tell his friend Tom coleman, all
how'd it? How did tom
home and find out about the relationship through through may actually told him
not directly, not quite directly. In July twenty eleven tom and linda common both got text messages from a number, neither of them recognised the messages told each of them that the other was having an affair. The one saying Tom was cheating was a lie, but, of course,
one saying Linda was cheating was the truth, so they they figured out. All these messages were coming from the same form and did they figure out who had that phone as they did and who had that forgive her alone is the unknown number was a burner found that belonged to gill nunez. He admitted sending the tax. He said he was feeling guilty about the affair, and that's why he told Tom
How did he react to that while first he confronted her one day and say, like I know, you're having an affair? You know where gail and so she she acknowledged that and just say yes, you know having an affair so pro for like three four days or something he didn't talk to me. I tried to call him. Not surprisingly, the friendship was Dan and I felt horrible because I was like he was he actually he was my friend. You know
and and and I don't have too many friends a few days later gill says he went to beg tom for forgiveness. I actually got on my knees, and I said you know, I'm really really sorry you got on your knees as I did. I literally did it's always I get up till I get up and he actually gave me a hall gave you a hug. He gave me a hawk. Is that the reaction you were expecting.
hit me. What strange is tom and gills friendship continue? What's even stranger
Is the affair continue to, and perhaps straight
First of all, according to gill, both relationships grew even stronger from that moment on every time. He'll ask me, you know the cylinder today and I will say yes, he will know that. I was being honest to him. That was in, like you know, and then we started getting like more like closer together. Can you and Tom sawyer, because Tom and I came to a point where we we used to
thanks a lot a lot, I mean hundreds of texts every day. The love triangle was news to the rest of the coleman family who did not learn about the affair until after Tom's death. Do you believe that he approved of this affair? That's one of the hottest things for me to believe times on. Tell us the man that I knew probably would have done anything to keep his family together, and I I could understand where he was thinking it would work out in the end, in fact, Tom did seem. Ok with things in text messages, Tom and Gill called each other bro and sometimes signed off love you and in a text tom referred to Linda his own wife, as gill's girl
friend telling gill your girlfriend is baking to which nunez responded great. I love her. So much people can say you know anything. They want fear. Whichever way they womble, he was truly might best. Friend Tom was not just gills friend. He was also his patient and gill. Told police about Tom's met
well history in that interview three days after Tom's death, I know gill told detectives tom suffered from sleep apnea that can cause people to stop breathing in their sleep. It was something I share trying to help them to maybe help the medical examiner or something figure out. What will have happened to him? You know if he was a heart attack if it was whatever the case might be. In fact, the autopsy did know Tom suffered from an enlarged heart and mind.
Obesity, but two weeks later, the toxicology report came back. Finding that Madame is alarm in Tom's body. Did you
my dad's away, I'm not into
do, though, right oral surgeons that do sedation do, and there are some some dentists that they they specialize in sedation, but I I never use me that's what this is a general practitioner office. We don't use any sedation at all.
We don't even have nitric oxide. The amount of my dad's lamb and tom system would not normally kill somebody, but because there was no explanation for why the drug would be there. His death was classified acute, my dad
The lamb poisoning a lot, a chemistry guy, but in terms of that being a lot
well volume wise. Now, however, the effects are different on people that have medical conditions. I mean, I guess the real question is: is that enough to kill a guy? I think it is yes cause a species. Almost sleep, apnea
you shot down his respiratory system, but remember it was nunez himself who first alerted police. Do Tom's sleep app nea?
The dad's laminate system did change everything.
Murray wise, who was of forty eight hours consultant, has written about murder cases for decades. Police believe that doctor Nunez met Tom coleman outside his chin and, while sitting with them and talking to him, gave him a cup of coffee that was laced with them. A dazzling detectors would routinely have to eliminate other people who might have access to my dad's lamb. There was obviously people and those with everyone
irrigation people venturist, so detectives also looked at other people in Tom's life, including his wife, Linda, who worked at a local hospital along with you,
Quite some time, families always looked up from eurostar, close home,
the
Police still could not prove much about tom coalmines death. How did that mick dazzle and get into his body if it was in a cup of coffee? Where was the cup? Was that gilberto nunez his white car next to coalmines in these surveillance tape?
And why was coalmines body found this way? His answer undone and as fly was nothing parsley down
I always have that look kind of staged police were thinking. Gilberto nunez staged the scene to make it look like Tom was having a sexual encounter when he died by now. Nunez was their only suspect that we looked on both equally linda and
He'll Linda had passed a polygraph test. Events they ruled out linda, Linda Tom's house, was never searched a search of the hospital where Linda worked as an administrative assistant found
no missing madame's allow so in february of two thousand twelve two months after Tom's death, police called nunez
in again we're
soon the tone of the injured
U turn
what
like I said I wasn't there.
This was the first time you
You were a suspect. Yes,
I don't know that I'm telling you that you will know
I have vehicle parked in the parking lot with time. They also
Add this surveillance, video from local businesses showing what they say is his car driving on the way to the parking lot park that day, okay, you then
we got killed at all. When you are about to get all the new year's. Never we go through yearly
seven hours of questioning willingly without a lawyer. I didn't think that I need an attorney to just to speak the truth.
He quickly changed his mind when he found out that while he was being questioned, police were searching his office and home. When I left, then I went home how my place destroy
doesn't really like came into me that, oh, my god, these people really believed that I did something to Tom and the next morning I decided to get an attorney. Investigators seized the office, computer and files, but what really caught their attention were. Two emergency
Medical kits and when you open it up, what did you see too to vials metabolism
the dazzling drug found in Tom's body. The vote.
It was a nunez. His office were full and unopened and they did not have Nunez his fingerprints on them. Neither did Tom's car. In fact, when police examined it, there was no trace of nunez whatsoever. No outside dna, nothing absolutely out of the ordinary. Still the police thought evidence against. Nunez was piling up, they believe he wanted Linda all to himself and Linda gave them a strange email.
We received months earlier from nunez his mother, supposedly that was haman claiming to be his mother, his mother, his mother yeah. He was pretending to be his mother, yes, sending his girlfriend messages. Guess the email which nunez later admitted to writing pleaded with Linda to leave tom saying, linda and gil, would only be happy if they,
spend the rest of your lives, loving each other. Any idea why he would have sent a message pretending to be his mother to break up the comments. Why would you oppose? Does your mother just a stupid things that that we do in life? Can I tell you doctor I've done a lot of stupid things in my life, I've never sent a text saying I was my mother trying to get online to fall in love with me. I understand that so was that manipulative? Was that obsessive? No, I think that probably would
looking into getting closer relationship. I guess between my mother and her police
Also learn from Linda that gill did something possibly even more preposterous. He gave her a letter from what he described as his
contacts inside the cia, supposedly reporting on charges that Tom was having an affair police
also found this fake cia idee nunez is computer persons. This link is to begin. That's all I want is a system for game, but today
They say it was all part of an elaborate plan. They said
nunez hired a friend to pull
as a cia agent to presumably intimidate Tom, or that never happened. That never happened. No, I did a lot of stupid things in the relationship. You know it made. Nunez look wacky, but not necessarily guilty that that doesn't make me a murderer police needed to prove that car in the parking lot next to toms was nunez. Is when we're looking at vehicles, so investigators hired grant fredericks.
we're looking at physical characteristics that we can compare. Fredericks has spent decades analyzing forensic video for law enforcement. This is the we'll call it the suspect, vehicle. Okay,
Police had that surveillance, footage from businesses along the road leading to the parking lot that showed a car they believe was the same one scene next to comments. They could not find any video of a car leaving Nunez his home,
still they believe the car on their surveillance. Tapes was this com, a niece on pathfinder that belonged to gild nude yeah. I'm looking through this to try to determine any features that would be consistent. Fredericks thinks he can identify the car caught on the tapes with so this database businesses likes facial recognition. Yes, so this is a path finer, which is the same, make model and year of the new national. This might be a nissan pathfinder, but fredericks could not say it was nunez is his car.
De cows also had a virgin see lights inside the car because he was a volunteer firemen and you don't see any of those on the surveillance disk isn't enough resolution. So we can't say whether or not those features exist, but fredericks did notice something he thought might be.
unique to the car in the surveillance, tame and unusual pool of light on the road coming from one of the headlines. In most cases, you'll see to uniform headlight patterns from most vehicles. This was indifferent. Fredericks specializes in what is called headlights, spread pattern analysis. He believes cars can be identified partly by their headlight beings. Is this what you told me this is the poor light right here. Yes, fredericks needed to see if nunez his car projected these same kind of light pool as the car in the surveillance, video, so police got Nunez his card is the car the doktor who, in his own yes and video taped it driving along the same route fredericks compared the headlights thread pattern with the vehicle on the surveillance tang. He compared to other nissan pathfinder, just to see if there
headlights projected that same pool of like they did not an fredericks feels he has enough to make a conclusion. It is bad for nunez science says that the vehicle is indistinguishable from dotterine
his vehicle, the more gilberto nunez police, interrogation online, I forty eight hours, dot,
For years we only new five percent of what they knew. They were convinced that girl was guilty, and at this point I was it, you were not.
Not really no fair, fair years julian coleman didn't know exactly what had happened to her father, the police work
carrying many details with the common family. I didn't want to push him because I didn't want to aggravate how hard was it to be patient? It was. It was very hard they'd. All
drug old, with Tom's loss, but his son bradley took it the hardest. According to his mother, was shell. If one you're out of our three came up in late twenty twelve and a few weeks later, brad attempted suicide with over the counter medications, sleeping pills, and he said I just wanted to go to sleep and wake up with dad what happened next, three months later, he committed suicide
Bradley was just eighteen: the commons were now coping with two deaths, but life went on for gilberto nunez. He continued working and dabbled in online dating where unmatched dot com he met the woman who would become
new wife, Joe meal knew he was innocent. Betty was
is looming over our heads over our relationship,
and then what they feared would happen happened just a year into their marriage. In october, two thousand fifteen police arrested gilberto nunez.
Charged him with second degree murder. He was also charged with forgery because of that
big cia report and I d try to make a way out of no way in the case. I'd no case nunez.
Retained top new york city, criminal, defense, attorneys, Joel chagall and Evan lipton. Here's the detective at the scene. They got nunez out
One million dollars bail he had spent one month in jail. We don't believe that Tom coleman was murdered.
This case is about obsession session in may of two thousand sixteen four and a half years after tom coalmines,
Gilbert nunez was obsessed with your bertram. Nunez is trial began.
He's deception and using emulation to get linda for himself.
senior assistant, district attorney, Mary Ellen albin, told the jury, the only person who would want Tom coleman dead.
Is gilberto nunez.
the.
You're sure, gells argument.
Gill, had no reason to kill his best friend who accepted the affair.
There was no lie between town and Gill. Absolutely none
and Tom died. Sure gal says of natural causes may have been a heart because he had an enlarged heart.
But tom did have a dazzle lamb in his body and police found. Those two unused vials of it in DR nunez his office with asthma that was found, was an amount that was too small to Boise. Anyone
except the prosecution argues. It was enough to stop someone from breathing if, like tom, they had sleep app near
The age had no dna or fingerprints ties nunez to the car, so they have.
to rely on grant fredericks and his headlight spread pattern analysis be vehicle was consistent in shape, color the same kind of vehicle they had the pool of light and the timing match perfectly
they matched? It was I remember sitting there thinking. Oh, my god, he he it's true. He did it. It was a lotta hocus pocus. In my view, junk science
Nine years did not take the stand, but the woman in the middle of the love triangle did Linda said she planned
on staying with her husband and was work
On their marriage, she was stolen over time. She was in love with the family. She wanted to keep them
but Emily, Linda, sent to gill seem to tell of different story that her marriage was crumbling and that gill was still very much in the picture. Did you get the impression that she might break up with you? Have no? No, not at all it's a key point for the defence that undercuts any more
for him to want to kill tom com and because you didn't know that he was going to be dumped. In fact, just the day before Tom died, he and texted sixty two times gill says the text were about a football game. Police recovered tom's phone the next day and, curiously, all the texts were missing. Did you delete those tax? No, of course not have they, as these texts end up being deleted on you know, you tell me they touched the phones. Do you believe that the police deleted those texts? I do
be honest with you, I do there was no convenient for them to see that all me and Tom were talking about. Was football police testified they were able to recover a few texts and they were just about the football game and in an unexpected.
The last person they defence calls to the stand was the police
supervisor who oversaw the case against nunez
I think they're trying to undermine
us to gain their trial?
you're mine, my oversight,
investigation by things that we didn't do. One thing police didn't do was look into an unopened email tom received on the day he died. He knew it was from an adult website called be naughty dot. Com is a spam email. Basically, if that had been followed up, I think that the vessel
she would have, by necessity, taken a different direction, so you match be naughty dot com with the way in which his body was found. Reclined and with his pants, open somethin, wasn't kosher,
their theory is going to be that he may
a lady from be naughty dot com that drove a white suv and had access to my dad's lamb at
Thirty in the morning at planet fitness they honesty.
when a lotta on that one. If that's the case,
three weeks after the trial began? It was time for closing arguments. This investigation started and ended with gilberto nunez and much thomas common remains unknown.
Maybe
is not thomas omens. Desperate.
prosecutors. No, they have only circumstantial evidence against nunez.
They say it's more.
enough to convict the evidence of a scale, is overwhelming.
Managers,
care, I'm not scared. With the case
the hands of the jury. You'll
don't nunez can do nothing but wait knowing if he is convicted, it could mean
life in prison,
the.
This is the most important day of gilberto nunez, his life
jury in his murder. Trial is deliberate. I'm scared and I'm anxious
a split second, my whole life can change. The rest of his life could be spent in prison if he's convicted of killing his friend Tom,
coleman I get up in the morning, and I said to my wife in these might be the last time I sleep in my bed. We never know
it's out of our hands. We hope the jury sees what we all see
after a four year investigation a three week trial and testimony from more than fifty witnesses, the jury reached a verdict in just six hours. I was sank him
if the guilty verdict all right feels like johar's coming out of your chest. My whole body was shaking the person counted one journey go there to new years. Is murder in the second degree, find the defendant not guilty december. Genetics are not guilty of murder.
Tom. Parliament's voice is live it leaving her look got away with. Murder
you are.
visually legally, not guilty of murder ass. I don't know why I was innocent. My family know it.
Bob, everybody now knows it. So what are you going to do now?
I understand you. Ve just been acquitted of murder and just like that, you're going back to dust, joint people,
cavities guess I'm going back to what I love to do up an office. So when you heard the verdict, what did you think I couldn't believe it the shocked? I was shocked, utter disappointment.
The common say the police did their jobs, but the jurors did not fallible carrying patrol that's just this was not done there. Why? It's not guilty hot me.
To me there was homes and all of it I dont think them adasa lamb is working
the jury say there were too many questions left unanswered too much reasonable doubt. What do you think caused his death? A large heart like a ticking time bomb, more natural causes than murder? Yes, but the jury did find nunez guilty of forgery because of the fake cia documents he was guilty, he was guilty. He did it for those convictions. Nunez is facing up to fourteen years in pay
are you ready for that? You know we haven't finished fighting, that's because they are even more charges to come and potentially more prison tie, while detectives were invest.
dating new years for murder. They found what they believe to be a false insurance claim for eighty four one hundred dollars that nunez filed in two thousand and fourteen, and they accused him of lying on an application for
still permanent. Jury selection is under way in the third trial involving kingston dentist, gilberto nunez, the new chargers meant to more trials for new year's over the next year.
scared about our future. I'm scared that he might go to prison. I'm scared for my children, kingston denton.
Gilberto nunez is found guilty of perjury and making he was found guilty in both trials and immediately taken into custody. In february of two thousand and seventeen, nearly eight months after he was acquitted of murder, nunez was sentenced for those forgery.
in fraud and perjury convictions, protection, socio, narcissistic profit.
Tudor mary Ellen Alban a's argued for the maximum sentence. Twenty five years, while nunez his attorneys fought for leniency presenting the judge with one hundred and thirty letters, dr nunez. His supporters are friends and former patients, but judge
Donald Williams was unmoved. Trash
the
cheers, nunez centres to, and
third to seven years in prison,
obviously these deeply disappointed,
we're going to file notices to appeal. This was a very severe sentence like this picture. Two to four
the common family. There is some comfort in knowing that, even though gilbert or nunez was not convicted of murder,.
We will spend time behind bars we ve disrupted. His life now was trying to tell it
Nothing is ever gonna bring tom.
Or bradley, and that is what Tom's daughter jewels.
and can never forget,
she is now a college student facing alive
that has seen tremendous pain but still holds tremendous promise
it's hard, not having them here, and I dont think that any verdict I mean he could be in prison for the rest of his life. Dad sold on my brother's still gone.
I carry brad with me every day. I try to make dad proud every day and I think
I do.
as part of gilberto known as a sense. He was porter to have no communication with Linda com. In may, two thousand eight hundred gilberto nunez was granted pearl is early
It's release is september. Tenth, two thousand and eighteen, the new europe
take with you board, we broke nunez his license to practice. Dentistry,
the
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Transcript generated on 2023-06-03.