Produced by Ruth Chenetz, Mead Stone and Dena Goldstein
[This story previously aired on April 8, 2017]
On November 29, 2011, Detective Michael Thomas answered the decision when 44-year-old Tom Kolman was discovered useless in his automotive.
“It was uncommon … this particular person, the way in which he was positioned within the automotive and the place he was parked, it was uncommon,” Det. Thomas instructed “48 Hours” correspondent Richard Schlesinger. “He was truly within the driver’s seat, however but … he was laying virtually flat as you’d for those who have been sleeping.”
It was within the Kingston Planet Health parking zone in Ulster County, New York.
“There was nothing within the automotive that may recommend something of him being attacked, or something apparent of bodily trauma,” stated the detective.
The automotive’s location caught the eye of fellow Detective Brian Reavy and Lt. Kyle Berardi.
“It wasn’t parked close to a constructing. That is the unusual factor,” Det. Reavy stated. “In the event you’re gonna work out within the morning, you are gonna park near the constructing.”
“I believe we have been intrigued, ,” Lt. Berardi added. “This complete case was odd.”
In Colorado, 1,800 miles away, Tom’s ex-wife, Michele Kolman-Weber, could not consider that Tom, who appeared wholesome, had died.
“Tom’s useless, I could not course of it,” she stated. “By no means crossed my thoughts that it may very well be something aside from one thing tragic, well being associated.”
Michele and Tom had been divorced for 12 years, however they remained shut. That they had two kids – Jillian, who was then 15, and Bradley, who was 17. She needed to inform the children their father was useless.
“I did not know the way I used to be going to say it, so I simply figured simply get it over with,” stated Kolman-Weber.
“You heard the phrases …” Schlesinger stated, addressing Jillian Kolman.
“‘Your dad is useless,'” she replied. “My instant intuition was, no I am gonna name him and he’ll reply as a result of he at all times has. He needs to be advantageous — he needs to be.”
Tom’s mom, Marie, and father, Tom Sr., have been happy with their son who had a doctorate in bodily remedy.
“He simply had a kindness about him,” Marie Kolman stated. “He was at all times there for everybody.”
“You are elevating any individual and you’ve got hopes and so they fulfill these hopes and so they change into profitable it is nice,” stated Tom Kolman Sr.
Tom Kolman was extra centered on spending time along with his household than with associates, however he did have one very shut buddy: Gilberto Nunez. Nunez was going by a divorce, however was nonetheless a loyal father. He met the Kolman’s at their youngsters’ college. Quickly Tom, Nunez, and Tom’s spouse, Linda all grew shut.
It was Linda who discovered Tom. After she discovered he did not present up for work, she went out looking out. Linda knew that Tom went to Planet Health most mornings, in order that’s the place she went. And it is the place Gil Nunez went when he stated he heard one thing unhealthy had occurred.
“When he initially obtained there, he ran in the direction of Tom Kolman’s car, saying, ‘What occurred? What occurred? He is my finest buddy,'” stated Det. Thomas.
“I did not see anyone attempting to do CPR, I did not see something occurring. So, I am like, ‘Why? What is going on on?'” Nunez instructed Schlesinger.
That is the primary time Nunez has publicly instructed his story.
“That is after I discovered that, ‘Tom is useless.’ There may be nothing you are able to do for him,” stated Nunez.
Detective Thomas says Nunez dropped to his knees.
“I used to be actually upset that, you realize, my finest buddy was useless,” stated Nunez.
“Did it appear overdramatic to you?” Schlesinger requested Det. Thomas.
“Overdramatic. Completely — 110 p.c,” he replied.
Gilberto Nunez is initially from the Dominican Republic. He’s well-known in Kingston. He is a volunteer firefighter with a thriving dental follow.
“Dr. Nunez is without doubt one of the finest dentists that I’ve ever labored for,” stated Mary Ellen McManus, who spent 13 years as Nunez’s dental hygienist.
“I’ve by no means heard him elevate his voice … be indignant or fly off the deal with,” she stated.
However detectives had questions on Nunez. They have been nonetheless ready for the ultimate post-mortem outcomes, however they remembered one thing from the day they met him. He arrived on the scene in a white SUV. And, they believed, that surveillance footage, although very blurry, additionally confirmed a white SUV.
“Bells and whistles went off,” stated Det. Thomas.
It’s extremely exhausting to see within the picture, proven above, however Tom’s automotive is subsequent to the white SUV within the practically empty parking zone.
So, police known as Nunez in for an interview three days after Tom’s loss of life.
“At that time it was an informational assembly … type of seeing … what he wished us to know,” stated Det. Thomas.
And he wished them to know quite a bit — particularly about his love life and Tom’s spouse.
Gilberto Nunez: I do not know for those who guys know however, anyway, me and Linda have– we had a relationship, so.
Police: OK. Sexual relationship, I am assuming?
Gilberto Nunez: Yeah.
Police had heard rumors of an affair between Nunez and Linda Kolman, however they hadn’t confirmed something. It seems they obtained all the assistance they wanted with that, from of all folks, Nunez himself.
“I fell in love along with his spouse and she or he fell in love with me,” Nunez instructed police.
He instructed all of them about their 11-month liaison:
Police: When was the final time you have been with Linda?
Gilberto Nunez: Like, that means, like intimately or — simply to console her?
Police: No. Intimately.
Gilberto Nunez: Intimate. Properly, like, I do not know, two-and-a-half, three weeks in the past.
“This was a man who was sitting with detectives saying, ‘Oh, by the way in which, I had an affair with the spouse of the useless man’?” Schlesinger requested the investigators.
“Oh, he was nonetheless in love together with her too,” Det. Reavy replied. ” …he wished to make that clear.”
“In order that appears to me, anyway, to be — to be uncommon. Am I incorrect right here?” Schlesinger requested.
“Yeah. That is very uncommon. Yeah,” stated the detective.
“I did not need to like maintain one thing that I knew they have been going to search out out anyway, first, to start with. And, second, it might make me appear to be, you realize, I am not being trustworthy with them about something I am saying to them,” stated Nunez.
“Did it trouble you that she was married?” Schlesinger requested.
“I suppose on the time, no,” stated Nunez.
“This man was your buddy, her husband.”
“Sure, he was my buddy.”
“That is awkward,” Schlesinger commented.
“That’s actually awkward,” Nunez agreed.
It might need been awkward, but it surely did not cease Nunez or Linda. Once they weren’t collectively, they texted continuously — extra like youngsters than middle-aged lovers.
They celebrated anniversaries month-to-month, with playing cards from Linda to Gil, her “little satan, stud muffin.”
“Did you urge her to depart her husband?” Schlesinger requested Nunez.
“No,” he replied. “I used to be not considering or speaking about that.”
“48 Hours” wished to ask Linda Kolman about her relationship with Tom and Gil Nunez, however she declined our request to be interviewed. Nunez says the affair was going properly — and saved going –even after Linda’s husband, the person he known as his finest buddy — discovered about it.
“That is not my definition of a finest buddy,” stated Det. Thomas.
How did Tom Kolman hear about it? That is without doubt one of the most peculiar components of this case.
UNUSUAL LOVE TRIANGLE
“I wished to speak to him so I can clarify to him that this isn’t one thing that I plan on … It was simply one thing that occurred,” stated Nunez.
Likelihood is fairly good you’ve got by no means heard of an affair fairly just like the one Dr. Gilberto Nunez was having along with his finest buddy’s spouse, Linda Kolman. For one factor, Nunez wished to inform his buddy, Tom Kolman, all about it.
“How did Tom Kolman discover out concerning the relationship?” Schlesinger requested Nunez.
“Via me, truly he discovered,” he replied.
“You instructed him?”
“Indirectly,” stated Nunez.
Not fairly instantly. In July 2011, Tom and Linda Kolman each obtained textual content messages from a quantity neither of them acknowledged. The messages instructed every of them that the opposite was having an affair. The one saying Tom was dishonest was a lie; however, in fact, the one saying Linda was dishonest, was the reality.
“In order that they discovered all of those messages have been coming from the identical cellphone,” Schlesinger famous to the investigators.
“Yeah,” Det. Reavy replied.
“And did they determine who had that cellphone?”
“Sure, they did,” stated the detective.
“And who had that cellphone?” Schlesinger requested.
“Gilberto Nunez,” stated Det. Reavy.
The unknown quantity was a burner cellphone that belonged to Gil Nunez. He admitted sending the texts. He stated he was feeling responsible concerning the affair and that is why he instructed Tom.
“How did he react to that?” Schlesinger requested Nunez.
“First … he confronted her someday and stated, like, ‘I do know you are having an affair… with Gil.’ So she acknowledged that and simply says, ‘Sure … I am having an affair,'” he replied. “So for like three, 4 days or one thing he did not discuss to me, I attempted to name him.”
Not surprisingly, the friendship was broken.
“I felt horrible as a result of I used to be like he truly, he was my buddy, you realize. And I haven’t got too many associates,” Nunez defined.
Just a few days later, Nunez says he went to beg Tom for forgiveness.
“I truly obtained on my knees and I stated, ‘You understand, I am actually, actually sorry,'” stated Nunez.
“You bought in your knees actually?” Schlesinger requested.
“Sure, I did I actually,” Nunez stated. “So he stated, ‘Stand up.’ So I stand up … he truly gave me a hug.”
“He gave you a hug?”
“He gave me hug.”
“Is that the response you anticipated?” Schlesinger requested.
“No, I assumed he’d hit me,” Nunez replied.
What’s unusual is, Tom Kolman and Gil Nunez’s friendship continued. What’s even stranger is the affair continued, too. And, maybe strangest of all, in keeping with Nunez, each relationships grew even stronger.
“From that second on, each time he would ask me, you realize, ‘Did you see Linda right now? And I’d say ‘Sure,'” he defined. “…he’ll know I’m being trustworthy with him and we began getting extra, like, nearer collectively.”
“You and Tom began getting nearer?” Schlesinger requested.
“Yeah. Tom and I got here to some extent the place we might textual content quite a bit, like a whole bunch of texts daily,” stated Nunez.
The love triangle was information to the remainder of the Kolman household, who didn’t be taught concerning the affair till after Tom’s loss of life.
“Do you consider that he authorized of this affair?” Schlesinger requested Marie Kolman.
“That is one of many hardest issues for me to consider. And … Tom’s not right here to inform us,” she replied.
“The person that I knew, in all probability would have finished something to maintain his household collectively,” Tom’s ex-wife, Michele Kolman-Weber, stated. “…and I may perceive the place he was considering it might work out in the long run.”
In truth, Tom did appear OK with issues. In textual content messages, Tom and Nunez known as one another “bro” and typically signed off “love you.”
And in a textual content, Tom referred to Linda, his personal spouse, as Nunez’s girlfriend, telling him, “your girlfriend is baking,” to which Nunez responded, “Nice, I like her a lot.”
“Folks can say, you realize, something they need or really feel whichever means they need. However he was really my finest buddy,” stated Nunez.
Tom was not simply Nunez’s buddy, he was additionally his affected person. And Nunez instructed police about Tom’s medical historical past in that interview three days after Tom’s loss of life.
Gil Nunez instructed detectives Tom suffered from sleep apnea that may trigger folks to cease respiratory of their sleep.
“It was one thing I share attempting to assist them to possibly assist the medical expert or one thing, determine what may have occurred to him, and, you realize, if it was a coronary heart assault, it was — or regardless of the case may be,” Nunez instructed Schlesinger.
In truth, the post-mortem did notice Tom suffered from an enlarged coronary heart and gentle weight problems. However two weeks later, the toxicology report got here again, discovering midazolam in his physique.
“Did you employ midazolam?” Schlesinger requested Nunez.
“No, no,” he stated.
“Dentists do although, proper?”
“Oral surgeons that do sedation do, and there are some dentists that they — they focus on sedation … However I by no means used midazolam,” Nunez replied.
“It is a basic practitioner workplace, we do not use any sedation in any respect. We do not even have nitrous oxide,” stated McManus.
The quantity of midazolam in Tom’s system wouldn’t usually kill any individual. However as a result of there was no clarification for why the drug could be there, his loss of life was categorized “acute midazolam poisoning.”
“I am not a chemistry man, however when it comes to that being quite a bit, no – quantity clever, no. Nonetheless, the consequences are completely different on folks that have medical situation,” stated Det. Thomas.
“The true query is, is that sufficient to kill a man?” Schlesinger requested.
“I believe it’s, sure, particularly somebody with sleep apnea. It may shut down his respiratory system,” stated Det. Reavy.
However bear in mind, it was Nunez himself, who first alerted police to Tom’s sleep apnea.
Gil Nunez to police: Sleep apnea at all times considerations me.
Murray Weiss, who was a “48 Hours” marketing consultant, has written about homicide circumstances for many years.
“The midazolam in his system did change all the things,” Weiss stated. “Police consider that Dr. Nunez met Tom Kolman outdoors his fitness center … and whereas sitting with him and speaking to him gave him a cup of espresso that was laced with the midazolam. …the detectives would typically should get rid of different individuals who might need entry to midazolam.”
“There was clearly folks, and that goes with each investigation,” stated Det. Thomas.
“Folks of curiosity,” added Lt. Berardi.
So detectives additionally checked out different folks in Tom’s life, together with his spouse, Linda, who labored at an area hospital.
“How lengthy was she checked out?” Schlesinger requested.
“Fairly a while,” stated Det. Thomas.
“Household’s additionally checked out,” Lt. Berardi stated. “You at all times begin near dwelling.”
Police nonetheless could not show a lot about Tom Kolman’s loss of life. How did that midazolam get into his physique? If it was in a cup of espresso, the place was the cup? Was that Gilberto Nunez’s white automotive subsequent to Kolman’s within the surveillance tape? And why was Kolman’s physique discovered this manner?
“His pants have been undone and his fly was partially finished — that regarded type of staged,” stated Det. Reavy.
Police have been considering Nunez staged the scene to make it appear to be Tom was having a sexual encounter when he died.
“We checked out ’em each equally. Linda and Gil –” stated Det. Reavy.
By now, Nunez was their solely suspect. Linda Kolman had handed a polygraph check.
“Ultimately we dominated Linda out,” stated Det. Reavy.
Linda and Tom’s Kolman’s home was by no means searched. A search of the hospital the place Linda labored as an administrative assistant discovered no lacking midazolam. So in February of 2012, two months after Tom’s loss of life, police known as Nunez in once more.
Police: We have been simply attempting to get the background and – and have — from any individual that was shut with him….
However quickly, the tone of the interview turned:
Police: I do know you met with Tom at Planet Health early that morning.
“And I saved saying I wasn’t there,” Nunez instructed Schlesinger.
Gilberto Nunez: No, I wasn’t there. If I’d have been there I’d have stated so.
“This was the primary time you’d heard that you simply have been a suspect?” Schlesinger requested.
“Sure,” Nunez replied.
Police: If I look you useless within the eye and inform you I do know you have been there.
Gilberto Nunez: Then I am telling you you do not know, ‘trigger it isn’t true.
Police: I’ve you and your car parked within the Planet Health parking zone with Tom that evening.
Additionally they had surveillance video from native companies exhibiting what they are saying is his automotive driving on roads to the parking zone.
Police: You parked subsequent to him, OK? …you fed him one thing that killed him, to take him out of the image, hoping you’d have Linda for the remainder of your life.
Gilberto Nunez: No. No.
Police: Sure you probably did.
Gilberto Nunez: No I didn’t.
Police: Bulls–t. You are a mendacity c———r.
Nunez by no means wavered by practically seven hours of questioning, willingly, with out a lawyer.
Gilberto Nunez: I did not meet Tom that day…
Gilberto Nunez: I used to be not there.
“I did not assume … that I wanted an lawyer to — simply to talk, you realize, the reality,” Nunez instructed Schlesinger.
He rapidly modified his thoughts when he discovered that whereas he was being questioned, police have been looking out his workplace and residential.
“Once I left, that I went dwelling — you realize, and located my place destroyed … that is when it actually kinda like got here into me that, ‘Oh, my God. These folks actually consider that I did one thing to Tom,” Nunez stated. “And… the subsequent morning, I made a decision to get an lawyer.”
Investigators seized the workplace laptop and recordsdata, however what actually caught their consideration have been two emergency medical kits.
“And whenever you opened it up, what did you see?” Schlesinger requested Det. Reavy.
“There’s two– two vials of midazolam,” he replied.
Midazolam, the drug present in Tom’s physique. The vials in Nunez’s workplace have been full and unopened. And they didn’t have Nunez’s fingerprints on them. Neither did Tom’s automotive. In truth, when police examined it, there was no hint of Nunez in any respect.
“No outdoors DNA. Nothing completely out of the abnormal,” stated Det. Thomas.
Nonetheless, the police thought proof towards Nunez was piling up. They consider he wished Linda Kolman all to himself. And Linda gave them a wierd electronic mail she acquired months earlier—from Nunez’s mom, supposedly.
“That was him claiming to be—his mom,” Det. Thomas stated of the e-mail.
“His mom?” Schlesinger requested. “He was pretending to be his mom, sending his girlfriend messages?”
“Yeah,” Det. Thomas affirmed.
The e-mail, which Nunez later admitted to writing, pleaded with Linda to depart Tom — saying Linda and Gil would solely be blissful in the event that they “spent the remainder of your lives loving one another.”
“Any concept why he would’ve despatched a message pretending to be his mom?” Schlesinger requested.
“To interrupt up the Kolmans,” stated Det. Reavy.
“Why would you have got posed as your mom?” Schlesinger requested Nunez.
“I [laughs] simply silly issues that we do in life. You understand,” he replied.
“Can I inform you, physician, I’ve finished a variety of silly issues in my life. I’ve by no means despatched a textual content saying I used to be my mom attempting to get a lady to fall in love with me—” Schlesinger famous.
“No, I do know, I — I perceive that,” stated Nunez.
“So — was that manipulative? Was that obsessive?” Schlesinger pressed.
“No, I believe that in all probability was — wanting into getting a better relationship I suppose between my mom and her,” stated Nunez.
Police additionally discovered from Linda, that Nunez did one thing probably much more preposterous. He gave her a letter, from what he described as his contacts contained in the CIA, supposedly reporting on prices that Tom was having an affair. Police additionally discovered a pretend CIA ID on Nunez’s laptop.
“That [laughs] was identical to a silly recreation. That is all it was,” he stated.
However detectives say it was all a part of an elaborate plan. They are saying Nunez employed a buddy to pose as a CIA agent to presumably intimidate Tom.
“Properly, that by no means occurred,” stated Nunez.
“That by no means occurred?” Schlesinger requested.
“No,” Nunez replied. “I did a variety of silly issues within the relationship.”
It made Nunez look wacky, however not essentially responsible.
“That does not make me a assassin,” he identified.
Police wanted to show that automotive within the parking zone subsequent to Tom’s was Nunez’s.
So, investigators employed Grant Fredericks.
“After we’re autos … We’re bodily traits … that we will examine,” he defined.
Fredericks, of Forensic Video Options, has spent many years analyzing forensic video for legislation enforcement.
Police had that surveillance footage from companies alongside the street resulting in the parking zone that confirmed a automotive they believed was the identical one seen subsequent to Tom Kolman’s.
They might not discover any video of a automotive leaving Nunez’s dwelling. Nonetheless, they consider the automotive on the surveillance tapes was a Nissan Pathfinder that belonged to Gil Nunez.
“And I am wanting although this to attempt to decide any options that may be constant,” Fredericks stated, exhibiting Schlesinger a database evaluating autos.
Fredericks thinks he can establish the automotive caught on tape with the database.
“So I simply visually stopped on the pictures we discovered. And it is a Pathfinder which is identical, make mannequin and yr of the Nunez car,” Fredericks stated.
It may be a Nissan Pathfinder, however Fredericks couldn’t say it was Nunez’s.
His automotive had decals. It additionally had emergency lights contained in the automotive as a result of he was a volunteer fireman.
“And you do not see any of these on this surveillance,” stated Schlesinger.
“There simply is not sufficient decision,” Fredericks stated. “So we will not actually say whether or not or not these options exist.”
However Fredericks did discover one thing he thought may be distinctive to the automotive on the surveillance tape: an uncommon pool of sunshine on the street coming from one of many headlights.
“Most often you may see two uniform headlight patterns from most autos — this was completely different,” he defined.
Fredericks makes a speciality of what is named headlight unfold sample evaluation. He believes automobiles may be recognized partly by their headlight beams.
He wanted to see if Nunez’s automotive projected the identical type of mild pool because the automotive within the surveillance video. So police obtained Nunez’s automotive and videotaped it driving alongside the identical route. Fredericks in contrast the headlight unfold patter with the car on the surveillance tapes. He in contrast two different Nissan Pathfinders to see if their headlights projected that very same pool of sunshine. They didn’t. And Fredericks feels he has sufficient to make a conclusion. It’s unhealthy for Nunez.
“The science says that the car is indistinguishable from Dr. Nunez’s car,” stated Fredericks.
NUNEZ ON TRIAL
“For years … we solely knew 5 p.c of what they knew. They have been satisfied … that Gil was responsible, and at this level, I wasn’t,” stated Jillian Kolman.
“You weren’t?” Schlesinger requested.
“Probably not, no,” she replied.
For 4 years Jillian Kolman did not know precisely what had occurred to her father. The police weren’t sharing many particulars with the Kolman household.
“I did not wanna push ’em as a result of I did not wanna worsen them,” stated Tom Kolman Sr.
“How exhausting was it to be affected person?” Schlesinger requested.
“It was– it was very exhausting,” he replied.
They’d all struggled with Tom’s loss, however his son, Bradley took it the toughest in keeping with his mom, Michele Kolman-Weber.
“The one-year anniversary got here up in late 2012 … and some weeks later Brad tried suicide with over-the-counter drugs of sleeping capsules,” she stated. “And he stated, ‘I simply wished to fall asleep and get up with Dad.'”
“And what occurred subsequent?” Schlesinger requested.
“Three months later he dedicated suicide,” stated Kolman-Weber.
Bradley was simply 18. The Kolmans have been now dealing with two deaths, however life went on for Gilberto Nunez. He continued working and dabbled in on-line courting, the place on Match.com he met the lady who would change into his new spouse, Yameil.
“I knew he was harmless,” she stated. “But it surely was at all times looming over our heads, over our relationship.”
After which, what they feared would occur — occurred. Only a yr into their marriage, in October 2015, police arrested Gilberto Nunez and charged him with second-degree homicide. He was additionally charged with forgery due to the pretend CIA report and ID.
Nunez retained high New York Metropolis prison protection attorneys, Gerald Shargel and Evan Lipton of the legislation agency Winston & Strawn.
They obtained Nunez out on $1 million bail. He had spent one month in jail.
“We do not consider Tom Kolman was murdered,” stated Shargel.
In Might of 2016, four-and-a half years after Tom Kolman’s loss of life, Gilberto Nunez’s trial started.
Senior Assistant District Legal professional Maryellen Albanese instructed the jury the one one that would need Tom Kolman useless is Gilberto Nunez.
“This case is about obsession. …Gilberto Nunez was obsessive about Linda Kolman,” Albanese stated in her opening. ” …he used deception and he used manipulation …to get Linda for himself.
Shargel’s argument: Nunez had no cause to kill his finest buddy, who accepted the affair.
“There was no unhealthy blood between Tom and Gil, completely none,” Shargel instructed the courtroom in his opening.
And Tom died, Shargel says, of pure causes.
“It could have been a coronary heart assault as a result of he had — an enlarged coronary heart,” Shargel continued.
However Tom did have midazolam in his physique and police discovered these two unused vials of it in Dr. Nunez’s workplace.
“Midazolam that was discovered was an quantity that was too small … to trigger anybody’s loss of life,” Shargel instructed the jury.
Besides, the prosecution argues, it was sufficient to cease somebody from respiratory, if, like Tom, they’d sleep apnea. However the D.A’s had no DNA or fingerprints tying Nunez to the automotive, so that they needed to depend on Grant Fredericks and his headlight unfold sample evaluation.
“The car was constant in form, coloration, the identical type of car. It had the pool of sunshine and the timing matched completely,” Fredericks instructed Schlesinger.
“They matched. It was — I bear in mind sitting there considering, ‘Oh my God, he – he — it is true, he did it,” stated Jillian Kolman.
“It was a lotta hocus pocus and in my opinion junk science,” Shargel stated of the headlight evaluation.
Nunez didn’t take the stand, however the girl in the course of the love triangle did. Linda Kolman stated she deliberate on staying together with her husband and was engaged on their marriage.
“She was nonetheless in love with Tom. She was in love with… the household,” Lt. Berardi stated. “She wished to maintain that.”
However emails Linda despatched to Gil Nunez appear to inform a special story; that her marriage was crumbling and that Nunez was nonetheless very a lot within the image.
“Did you get the impression that she would possibly break up with you after the vacations?” Schlesinger requested Nunez.
“No, no, under no circumstances,” he replied.
“It is a key level for the protection,” Murray Weiss identified,” that undercuts any motive for him to wanna kill Tom Kolman as a result of he did not know that he was gonna be dumped.”
In truth, simply the day earlier than Tom died, he and Nunez texted 62 instances. Nunez says the texts have been a few soccer recreation. Police recovered Tom’s cellphone the subsequent day. And curiously, all of the texts have been lacking.
“Did you delete these texts?” Schlesinger requested Nunez.
“No, in fact not,” he replied.
“How did these texts find yourself being deleted?”
“Properly, you realize, you inform me. They touched the telephones,” stated Nunez.
“Do you consider that the police deleted these texts?”
“I do. To be trustworthy with you. I do,” Nunez replied. “It was not handy for them to see that each one me and Tom have been speaking about was soccer.”
Police testified they have been in a position to get better a number of texts and so they have been simply concerning the soccer recreation. And in an surprising transfer, the final particular person the protection calls to the stand was the police supervisor who oversaw the case towards Nunez.
“I believe they have been attempting to undermine the investigation. They have been attempting to undermine my oversight of the investigation– by issues that we did not do,” stated Lt. Berardi.
One factor police did not do was look into an unopened electronic mail Tom acquired on the day he died. It was from an “grownup” web site known as BeNaughty.com.
“It was only a spam electronic mail principally,” stated Det. Reavy.
“If that had been adopted up, I believe that the investigation would have … taken a special path,” stated Shargel.
“So that you match BeNaughty.com with the way in which wherein his physique was discovered, reclined and along with his pants open,” stated Schlesinger.
“One thing wasn’t kosher,” stated Shargel.
“If their principle goes to be that he met a woman from BeNaughty.com that drove a white SUV and had entry to midazolam at 5:30 within the morning at Planet Health – “stated Det.Thomas.
“They ought to start out enjoying the lotto on that one if that is the case,” added Lt. Berardi.
Three weeks after the trial started it was time for closing arguments.
“This investigation began and ended with Gilberto Nunez, and far about Thomas Kolman stays unknown,” Evan Lipton instructed jurors.
“Girls and gents, this man Gilberto Nunez shouldn’t be Thomas Kolman’s finest buddy… ” Albanese addressed the courtroom.
Prosecutors know they’ve solely circumstantial proof towards Nunez, however they are saying it is greater than sufficient to convict.
“The proof … of the defendant’s guilt is overwhelming,” Albanese continued.
With the case within the fingers of the jury, Gilberto Nunez can do nothing however wait … figuring out if he’s convicted, it may imply life in jail.
“I am anxious and — I am scared. I do not wanna say I am not scared,” he stated.
It is an important day of Gilberto Nunez’s life — the jury in his homicide trial is deliberating.
“I am scared. And I am anxious,” he stated. “In a break up second my complete life can change.”
The remainder of his life may very well be spent in jail if he is convicted of killing his buddy, Tom Kolman.
“I stand up within the morning, and I stated to my spouse, ‘you realize, this may be the final time I sleep in my mattress. We by no means know,” Nunez instructed Schlesinger.
“It is out of our fingers. We hope the jury sees what all of us see,” stated Yamiel Nunez.
After a four-year investigation, a three-week trial, and testimony from greater than 50 witnesses, the jury reached a verdict in simply six hours.
“I used to be considering — that is a responsible verdict,” stated Lt. Berardi.
“It looks like your coronary heart popping out of your chest,” Nunez stated. “My complete physique was shaking.”
The decision: not responsible of homicide.
Tom Kolman’s, spouse, Linda, is furious, believing her former lover obtained away with homicide.
“Mendacity piece of s–t. Psychotic! Sociopath!” she yelled out as she left the courtroom.
“You might be formally, legally, not responsible of homicide,” Schlesinger famous to Nunez.
“Sure,” he replied. “I knew it that I used to be harmless, my household knew it … however figuring out it, after which all people now is aware of it.
“So what are you going to do now?” Schlesinger requested.
“Work,” Nunez replied.
“Let me perceive this. You have simply been acquitted of homicide, and identical to that you simply’re again to drilling folks’s cavities?”
“Sure. I am going again to what I like to do,” stated Nunez.
“So whenever you heard the decision, what did you assume?” Schlesinger requested the investigators.
“I could not consider it. I used to be shocked,” Det. Thomas stated. “Shocked. Utter disappointment.”
The Kolmans say the police did their jobs, however the jurors didn’t.
“I felt just like the jury betrayed us,” stated Marie Kolman.
“Justice was not finished,” stated Tom Kolman Sr.
“The phrases ‘not responsible’ hang-out me,” stated Jillian Kolman.
The jurors say there have been too many questions left unanswered – an excessive amount of cheap doubt.
“To me there was holes in all of it,” juror Frances Kwak stated. “I do not assume the midazolam is what killed him.”
“What do you assume triggered his loss of life?” Schlesinger requested.
“A enlarged coronary heart … which is a ticking time bomb,” Kwak replied.
“Extra pure causes than homicide?”
“Sure,” stated Kwak.
However the jury did discover Nunez responsible of forgery, due to the pretend CIA paperwork.
“He was responsible,” stated juror Michael Dougherty.
“He was responsible. He did it,” stated Kwak.
For these convictions, Nunez is dealing with as much as 14 years in jail.
“Are you prepared for that?” Schlesinger requested.
“You understand, we have not completed preventing,” Nunez replied.
That is as a result of there have been much more prices to return and probably extra jail time. Whereas detectives have been investigating Nunez for homicide, they discovered what they believed to be a false insurance coverage declare for $8,400 that Nunez filed in 2014. They usually accused him of mendacity on an utility for a pistol allow.
The brand new prices meant two extra trials for Nunez over the subsequent yr.
“I am scared about our future. I am scared that he would possibly go to jail. I am scared for my kids,” stated Yamiel Nunez.
He was discovered responsible in each trials and instantly taken into custody.
In February of 2017 — practically eight months after he was acquitted of homicide — Nunez was sentenced for these forgery, insurance coverage fraud, and perjury convictions.
“Society deserves safety from his sociopath, narcissistic conduct,” Prosecutor Maryellen Albanese instructed the courtroom.
Prosecutor Albanese argued for the utmost sentence –25 years — whereas Nunez’s attorneys fought for leniency, presenting the choose with 130 letters from Dr. Nunez’s supporters, associates and former sufferers.
However Choose Donald Williams was unmoved.
“Tragically … you consider that society’s guidelines don’t apply to you,” Choose Williams addressed Nunez. “I see no likelihood in rehabilitation.”
Nunez” sentence: two-and-a third to seven years in jail.
“Clearly he is deeply disenchanted,” Shargel instructed reporters following the sentencing. “We’re going to file notices of attraction. …This was a really extreme sentence.”
For the Kolman household, there may be some consolation in figuring out that – regardless that Gilberto Nunez was not convicted of homicide – he’ll spend time behind bars.
“We have disrupted his life now,” stated Michele Kolman-Weber.
“We’re simply attempting to get by it. Nothing’s ever gonna carry Tom again. Or Bradley,” stated Marie Kolman.
And that’s what Tom’s daughter, Jillian, can always remember. She is now a school scholar dealing with a life that has seen large ache, however nonetheless holds large promise.
“It is exhausting not having them right here. And I do not assume that any verdict — I imply, he may very well be in jail for the remainder of his life — Dad’s nonetheless gone, my brother’s nonetheless gone. I carry Brad with me daily. I attempt to make Dad proud daily, and I believe that I do.”
As a part of Gilberto Nunez’s sentence, he was ordered to don’t have any communication with Linda Kolman.
In Might 2018, Nunez was granted parole.His earliest launch date is Sept. 10, 2018.
A New York State assessment board revoked Nunez’s license to follow dentistry.