By this time, investigators had discovered that Bergna's shoes appeared to have asphalt on them, an indication he might have jumped from the truck before it hit the guardrail. They also knew that the tops of the gas cans had been unsealed, and that Bergna stood to receive $450,000 from a life insurance police on his wife, as well as several hundred thousand dollars from a property inheritance. In fact, he had already collected all of it and had even demanded more from Rinette's family. They had responded with a civil suit, now believing that Rinette's death had been no accident.
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Among the items that made this case stand out as a potential murder were:
In December 2000, after listening to more than a dozen witnesses, the grand jury took very little time to indict Bergna on murder charges. He was arrested in Seattle, the city to where he had moved to be with his new fiancée. Rather than fight extradition, he returned to Reno to face the charges. His attorney assured him that in their favor was the fact that it had taken so long to investigate and bring charges. They probably didn't have much of a case. Once the criminal case was in motion, Rinette's family ended the civil proceedings and the prosecutor announced they would not seek the death penalty.
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Prior to the trial, lab work was completed on the unknown smudges on Bergna's tennis shoes, to ensure that the substance was from the asphalt at the scene. A solution that dissolved asphalt was applied and it successfully dissolved the smudge material. Infrared spectroscopy found elements that were consistent with asphalt, and some of same material was found on other areas of Bergna's clothing. But there was no evidence of the expected plant matter with which he had allegedly made violent contact on the side of the hill. Thus, the crime lab results did not support his story. Yet the defense would have its own expert opinions on this matter, not the least of which was to comment that Bergna's clothing had not been confiscated in a timely manner.
Bergna's attorney, Michael Schwartz from Seattle, said he would not accept a plea. It was time to go to trial.



