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"Death row stories" starts right now.

>>> on this episode of death row stories, a white woman is

stories, a white woman is brutally beaten.

Brutally beaten. >> The crime scene was

>> the crime scene was unbelievable.

Unbelievable. >> And a black man is arrested.

>> And a black man is arrested. >> His fingerprint was found.

>> His fingerprint was found. There were a number of hairs on

there were a number of hairs on the victim's bed.

The victim's bed. >> But after a death sentence, a

>> but after a death sentence, a law intern has her doubts.

Law intern has her doubts. >> There was something wrong.

>> There was something wrong. I started seeing what the lies

I started seeing what the lies were.

Were. >> And the case begins to

>> and the case begins to unravel.

Unravel. >> There are those that have a

>> there are those that have a hidden agenda.

Hidden agenda. >> Is it a fair trial?

>> Is it a fair trial? >> Corruption is the theme of

>> corruption is the theme of the day almost.

The day almost. >> There was no way I would let

>> there was no way I would let this case go.

This case go. >> There's a body in the water.

>> There's a body in the water. Murdered.

Murdered. >> Many people proclaim their

>> many people proclaim their innocence.

Innocence. >> In this case there are a

>> in this case there are a number of things that stink.

Number of things that stink. >> The electric chair flashed in

>> the electric chair flashed in front of my eyes.

Front of my eyes. >> Get a conviction at all

>> get a conviction at all costs.

Costs. Let the truth fall where it may.

Let the truth fall where it may. >> Good evening.

>> Good evening. Welcome to Carolina.

Welcome to Carolina. Tonight we're coming to you from

tonight we're coming to you from the city of greenwood, a diverse

the city of greenwood, a diverse city and one that has the

city and one that has the distinction of having the widest

distinction of having the widest main street in the world.

Main street in the world. >> Greenwood is a very small

>> greenwood is a very small community.

Community. Everybody seems to know

everybody seems to know everybody.

Everybody. We're related to everybody here.

We're related to everybody here. It is very tight knit.

It is very tight knit. So when the news came out about

so when the news came out about this horrendous murder, it was

this horrendous murder, it was devastating.

Devastating. >> On a cold Monday morning in

>> on a cold Monday morning in 1982, the bruised and beaten

1982, the bruised and beaten body of 75-year-old Dorothy

body of 75-year-old Dorothy Edwards was discovered in this

Edwards was discovered in this upscale home.

Upscale home. >> Dorothy Edwards, she was just

>> Dorothy Edwards, she was just a loved woman in the community,

a loved woman in the community, and she had been horribly

and she had been horribly killed.

Killed. >> Dorothy was known as a

>> Dorothy was known as a graceful and charming woman with

graceful and charming woman with a beautiful singing voice and a

a beautiful singing voice and a wonderful sense of humor.

Wonderful sense of humor.

>> The next door neighbor, Mr.

>> The next door neighbor, Mr. holloway had noticed a couple of

holloway had noticed a couple of newspapers that had piled up,

newspapers that had piled up, and he went over to check on

and he went over to check on her.

Her. >> On January 19th, 1982, inside

>> on January 19th, 1982, inside the home holloway told police he

the home holloway told police he found signs of struggle

found signs of struggle everywhere, a heavy glass

everywhere, a heavy glass ashtray shattered on the living

ashtray shattered on the living room floor, a pair of bloody ice

room floor, a pair of bloody ice tongs.

Tongs. Dorothy Edwards was found dead

Dorothy Edwards was found dead in her closet.

In her closet. >> The brutality of the crime

>> the brutality of the crime scene, the blood, the way the

scene, the blood, the way the body was and the stab wounds

body was and the stab wounds postmortem, it was just totally

postmortem, it was just totally unbelievable.

Unbelievable. >> Dorothy's body had 52 wounds,

>> Dorothy's body had 52 wounds, 11 broken ribs and abrasions on

11 broken ribs and abrasions on her vagina.

Her vagina. >> The state forensic team

>> the state forensic team gathered what evidence was

gathered what evidence was inside the home.

Inside the home. Hair samples were found on the

hair samples were found on the bed.

Bed. Blood in various places.

Blood in various places. Outside there were some

outside there were some fingerprints.

Fingerprints. >> A crime scene wiped clean of

>> a crime scene wiped clean of fingerprints, police believe the

fingerprints, police believe the killer made a mistake, a

killer made a mistake, a thumbprint found on the back

thumbprint found on the back door.

Door. Dorothy's neighbor James

Dorothy's neighbor James holloway told police that Edward

holloway told police that Edward Lee elmore, a 23-year-old

Lee elmore, a 23-year-old handyman worked for Dorothy from

handyman worked for Dorothy from time to time.

Time to time. Although elmore had never been

although elmore had never been convicted of a felony, police

convicted of a felony, police matched his fingerprints from

matched his fingerprints from other misdemeanor arrests and

other misdemeanor arrests and issued a warrant to bring him

issued a warrant to bring him in, accusing him of murder and

in, accusing him of murder and rape, among lesser charges.

Rape, among lesser charges. Greenwood police went looking

greenwood police went looking for elmore 36 hours after

for elmore 36 hours after Dorothy's body was found.

Dorothy's body was found. >> I was working second shift

>> I was working second shift with the detective division and

with the detective division and the call came in saying the

the call came in saying the suspect was at his girlfriend

suspect was at his girlfriend Mary's apartment.

Mary's apartment. I went up and knocked on the

I went up and knocked on the door.

Door. >> The encounter was not what

>> the encounter was not what detective vandenburgh expected.

Detective vandenburgh expected. >> I told them that we had a

>> I told them that we had a warrant for his arrest.

Warrant for his arrest. And I told him it was for

and I told him it was for murder.

Murder. His demeanor at that time was so

his demeanor at that time was so nonchalant.

Nonchalant. Okay.

Okay. Which is totally out of context

which is totally out of context for anybody I've ever dealt with

for anybody I've ever dealt with before in a situation like that.

Before in a situation like that. No outburst or violent behavior.

No outburst or violent behavior. Just like well.

Just like well. >> Police took hair and blood

>> police took hair and blood samples and placed them in the

samples and placed them in the county jailhouse.

County jailhouse. Even elmore's public defender

even elmore's public defender had doubts about his innocence.

Had doubts about his innocence. >> Many people will proclaim

>> many people will proclaim constantly their innocence and I

constantly their innocence and I cannot remember Mr. Elmore

cannot remember Mr. Elmore vociferously proclaiming his

vociferously proclaiming his innocence.

Innocence. And I got the feeling that there

and I got the feeling that there might be something for him to

might be something for him to hide.

Hide. >> Elmore's case came to trial

>> elmore's case came to trial only 82 days after his arrest.

Only 82 days after his arrest. Prosecutors say Dorothy had been

prosecutors say Dorothy had been killed Saturday night when

killed Saturday night when elmore was alone and had no

elmore was alone and had no alibi.

Alibi. >> You want to find out whether

>> you want to find out whether or not Mr. Elmore had any

or not Mr. Elmore had any alibis.

Alibis. And we found none.

And we found none. And Mr. Elmore, he was not very

and Mr. Elmore, he was not very cooperative.

Cooperative. He wouldn't hardly talk to me.

He wouldn't hardly talk to me. >> Police found small spots of

>> police found small spots of blood matching Dorothy's blood

blood matching Dorothy's blood type on elmore's pants and

type on elmore's pants and shoes.

Shoes. >> Back in the '80s, DNA

>> back in the '80s, DNA analysis had not been developed.

Analysis had not been developed. When DNA was available, it came

when DNA was available, it came back positive that it was the

back positive that it was the victim's blood.

Victim's blood. >> Prosecutors also told the

>> prosecutors also told the jury that dozens of elmore's

jury that dozens of elmore's pubic hairs were found on

pubic hairs were found on Dorothy's bed.

Dorothy's bed. And finally, prosecutors

and finally, prosecutors presented James Gilliam, a

presented James Gilliam, a prison inmate who claimed to

prison inmate who claimed to hear elmore confess while he was

hear elmore confess while he was in jail.

In jail. >> That came out of nowhere.

>> That came out of nowhere. That just rocked me.

That just rocked me. Mr. Rockmore told Gilliam that I

Mr. Rockmore told Gilliam that I went down there and robbed that

went down there and robbed that lady, and she started screaming

lady, and she started screaming and I killed her.

And I killed her. That was the lynchpin.

That was the lynchpin. >> The jury took less than five

>> the jury took less than five hours to reach a verdict.

Hours to reach a verdict. Elmore was convicted and

elmore was convicted and sentenced to death.

Sentenced to death. But the conviction was

but the conviction was overturned on appeal.

Overturned on appeal. >> There was one juror who was

>> there was one juror who was reluctant to impose the death

reluctant to impose the death penalty.

Penalty. And the trial judge went into

and the trial judge went into the jury room and put pressure

the jury room and put pressure on the holdout juror to impose

on the holdout juror to impose the death sentence.

The death sentence. >> A new trial was ordered.

>> A new trial was ordered. Same prosecutor, same defense

same prosecutor, same defense attorneys, same outcome.

Attorneys, same outcome. A third trial was held to

a third trial was held to reconsider the sentence and

reconsider the sentence and again, the decision was

again, the decision was unanimous.

Unanimous. 36 jurors had determined that

36 jurors had determined that Edward elmore should be put to

Edward elmore should be put to death.

11 years later, a 34-year-old law student named Diana holt

law student named Diana holt came to the south Carolina death

came to the south Carolina death penalty resource center as a

penalty resource center as a summer intern.

Summer intern. One of her first assignments was

one of her first assignments was reviewing elmore's case.

Reviewing elmore's case. >> The first time I saw the

>> the first time I saw the name, I was reading through the

name, I was reading through the transcript.

Transcript. >> Diana started having

>> Diana started having suspicions that elmore's trials

suspicions that elmore's trials weren't fair.

Weren't fair. She was troubled that there were

she was troubled that there were no expert witnesses and rarely

no expert witnesses and rarely challenged any of the

challenged any of the prosecution's evidence.

Prosecution's evidence. Diana knew that a competent

Diana knew that a competent defense was grounds for an

defense was grounds for an appeal.

Appeal. >> I felt like there was

>> I felt like there was something wrong.

Something wrong. I needed to meet Eddie and give

I needed to meet Eddie and give him an eyeball up and down.

Him an eyeball up and down. Size him up.

Size him up. >> And who she met wasn't what

>> and who she met wasn't what he expected.

He expected. >> Meeting him, it is just the

>> meeting him, it is just the biggest, sweetest smile, and he

biggest, sweetest smile, and he is so docile and gentle and

is so docile and gentle and quiet and happy.

Quiet and happy. Happy.

Happy. How is he on death row and

how is he on death row and happy?

Happy? It just didn't make any sense.

It just didn't make any sense. There was no way I was going to

>> Will you trust god no matter how bad it looks.

How bad it looks. It's not bad as it seems because

it's not bad as it seems because god is still in control.

God is still in control. >> Bishop Emmanuel spearman was

>> bishop Emmanuel spearman was pastor to Edward Lee elmore, the

pastor to Edward Lee elmore, the man accused of murdering Dr.

Man accused of murdering Dr. Dorothy Edwards.

Dorothy Edwards. >> I have come to know Edward in

>> I have come to know Edward in the late '70s.

The late '70s. I pastored his home church.

I pastored his home church. And his mother and I were best

and his mother and I were best of friends.

Of friends. They didn't have a whole lot.

They didn't have a whole lot. >> One of 11 siblings, elmore's

>> one of 11 siblings, elmore's father was killed by a

father was killed by a hit-and-run driver when elmore

hit-and-run driver when elmore was 2.

Was 2. He grew up in dire poverty.

He grew up in dire poverty. >> He had a low I.Q.

>> He had a low I.Q. I was a special ed teacher so I

I was a special ed teacher so I knew that he was slow.

Knew that he was slow. When I went to greenwood jail

when I went to greenwood jail and I spoke with him, he really

and I spoke with him, he really didn't know why he was there.

Didn't know why he was there. And that bothered me.

And that bothered me. >> A hard worker, elmore got by

>> a hard worker, elmore got by on odd jobs like cleaning

on odd jobs like cleaning gutters and washing windows,

gutters and washing windows, including for Dorothy Edwards.

Including for Dorothy Edwards. When Dorothy was murdered, age

when Dorothy was murdered, age old fears and recrimination

old fears and recrimination surfaced in the community.

Surfaced in the community. >> I know race plays a role when

>> I know race plays a role when it comes to the justice system.

It comes to the justice system. Here in greenwood, there are

here in greenwood, there are those who still have their

those who still have their agenda, but it's a hidden

agenda, but it's a hidden agenda.

Agenda. >> I'm positive that race played

>> I'm positive that race played in Edward Lee elmore's trials.

In Edward Lee elmore's trials. Make no mistake, I think that

make no mistake, I think that was because he was the black guy

was because he was the black guy that they say killed an older

that they say killed an older white woman.

White woman. >> Searching through elmore's

>> searching through elmore's original trial, Diana found

original trial, Diana found potential grounds for appeal.

Potential grounds for appeal. Her first target was public

her first target was public defender geddes Anderson who

defender geddes Anderson who seemed utterly unprepared to

seemed utterly unprepared to take on the case.

Take on the case. >> I asked him, when did you

>> I asked him, when did you start working on the case?

Start working on the case? Eight days before the trail

eight days before the trail began.

Began. That's zero time.

That's zero time. You can't even read all of the

you can't even read all of the evidence and assess it and

evidence and assess it and crunch it.

Crunch it. >> In retrospect perhaps I

>> in retrospect perhaps I should have asked for more time.

Should have asked for more time. I never have proclaimed to be

I never have proclaimed to be the best lawyer that ever graced

the best lawyer that ever graced the courtroom.

The courtroom. >> Overworked and underpaid, Mr.

>> Overworked and underpaid, Mr. Anderson also had a reputation

Anderson also had a reputation as a drinker.

As a drinker. >> That's fair.

>> That's fair. That's a fair accusation.

That's a fair accusation. I have had certain, I guess you

I have had certain, I guess you could say problems with it but I

could say problems with it but I can say this categorically.

Can say this categorically. I was totally clear headed and

I was totally clear headed and not drinking during those

not drinking during those trials.

Trials. Everyone of them.

Everyone of them. But on the other hand, you know,

but on the other hand, you know, I would go out on occasion.

I would go out on occasion. I'm not as bad as I used to be.

I'm not as bad as I used to be. >> In contrast, William t. Jones

>> in contrast, William t. Jones III, known as Willie t., was

III, known as Willie t., was considered a master of the

considered a master of the courtroom.

Courtroom. >> Willie t.'S track record

>> Willie t.'S track record spoke for itself.

Spoke for itself. He lost very few.

He lost very few. He was very dramatic.

He was very dramatic. I've seen that man cry in front

I've seen that man cry in front of the jury.

Of the jury. Mr. Jones in the courtroom could

Mr. Jones in the courtroom could probably outperform sir Lawrence

probably outperform sir Lawrence Olivier.

Olivier. Let's put it that way.

Let's put it that way. >> He could overpower you,

>> he could overpower you, overcontrol you, and he was not

overcontrol you, and he was not beyond saying things that he

beyond saying things that he couldn't prove if they weren't

couldn't prove if they weren't challenged.

Challenged. >> Early in the first trial,

>> early in the first trial, Anderson challenged Jones by

Anderson challenged Jones by objecting that a single

objecting that a single thumbprint was not enough to

thumbprint was not enough to arrest elmore.

Arrest elmore. >> In order to obtain an arrest

>> in order to obtain an arrest warrant, the police obtain an

warrant, the police obtain an upside down thumbprint on the

upside down thumbprint on the back outside door frame.

Back outside door frame. That's exactly consistent with

that's exactly consistent with cleaning the windows.

Cleaning the windows. Cleaning the door.

Cleaning the door. That is not probable cause in

that is not probable cause in anywhere else in america that

anywhere else in america that I'm aware of.

I'm aware of. But Willie t. Said, well i'm

but Willie t. Said, well i'm glad you brought that up.

Glad you brought that up. The forensic pathologist let US

the forensic pathologist let US know that she had located

know that she had located negroid pubic hairs on the

negroid pubic hairs on the victim's chest and abdomen.

Victim's chest and abdomen. The defense shut their mouths

the defense shut their mouths and sat down.

And sat down. >> If elmore's hair had in fact

>> if elmore's hair had in fact been found on the body, this was

been found on the body, this was a new and explosive claim, a

a new and explosive claim, a claim that went unchallenged by

claim that went unchallenged by geddes Anderson.

Geddes Anderson. >> Did you ask to see that

>> did you ask to see that evidence?

Evidence? >> You would have to look at the

>> you would have to look at the transcript to see.

Transcript to see. I don't know if I did or not.

I don't know if I did or not. >> According to the transcript,

>> according to the transcript, you did not ask to see that

you did not ask to see that evidence.

Evidence. Why would you not have asked to

why would you not have asked to see that evidence?

See that evidence? It seems like pretty important.

It seems like pretty important. >> Well, I don't know how to

>> well, I don't know how to answer that.

Answer that. I guess you'll have to take some

I guess you'll have to take some nonanswer to that question.

Nonanswer to that question. >> Mysteriously, the pubic hair

>> mysteriously, the pubic hair Willie t. Said was found on

Willie t. Said was found on Dorothy's body was never entered

Dorothy's body was never entered into evidence.

Into evidence. As opposed to the hairs on the

as opposed to the hairs on the body, a separate group of 49

body, a separate group of 49 pubic hairs said to be found on

pubic hairs said to be found on Dorothy's bed also raised

Dorothy's bed also raised Diana's doubts.

Diana's doubts. >> A lot of people saw the some

>> a lot of people saw the some 49 pubic hairs allegedly

49 pubic hairs allegedly collected from the victim's bed

collected from the victim's bed as the most damaging evidence

as the most damaging evidence against Mr. Elmore.

Against Mr. Elmore. But this item of evidence was a

but this item of evidence was a plain baggy like put your kids'

plain baggy like put your kids' sandwiches in when you're

sandwiches in when you're packing their school lunch.

Packing their school lunch. Not sealed with red evidence

not sealed with red evidence tape that says evidence, do not

tape that says evidence, do not tamper.

Tamper. This did not have that on there.

This did not have that on there. >> Evidence the bag contained 49

>> evidence the bag contained 49 hairs.

Hairs. A number Diana found

a number Diana found suspiciously close to the number

suspiciously close to the number of hairs police pulled from

of hairs police pulled from elmore after his arrest.

Elmore after his arrest. >> There was from what I

>> there was from what I understand about, 50 to 60 hairs

understand about, 50 to 60 hairs that were collected, either

that were collected, either being combed or pulled.

Being combed or pulled. >> But if elmore's hair had been

>> but if elmore's hair had been found at the crime scene of the

found at the crime scene of the nearly 100 crime scene

nearly 100 crime scene photographs, not a single photo

photographs, not a single photo showed hairs on the bed.

Showed hairs on the bed. >> Any kind of evidence you

>> any kind of evidence you collect at a crime scene, the

collect at a crime scene, the first thing you do is photograph

first thing you do is photograph it.

It. >> There was no pictures of the

>> there was no pictures of the hair on the bed.

Hair on the bed. There was pictures of everything

there was pictures of everything except the most crucial evidence

except the most crucial evidence in the case.

In the case. So it became obvious to me

so it became obvious to me something wasn't quite right.

Something wasn't quite right. >> The only photo of the bed

>> the only photo of the bed shows it covered with police

shows it covered with police camera equipment, contaminating

camera equipment, contaminating any evidence.

Any evidence. The question became, where did

the question became, where did the hairs in the baggy come

the hairs in the baggy come from?

From? >> There was no question they

>> there was no question they pulled those hairs from his

pulled those hairs from his body.

Body. They pulled a lot of them.

They pulled a lot of them. And I don't think they were ever

and I don't think they were ever on the bed.

On the bed. I believe it was planted.

I believe it was planted. >> Diana was starting to see a

>> Diana was starting to see a pattern.

Pattern. >> There was all this

>> there was all this ineffective assistance of

ineffective assistance of counsel.

Counsel. There was no basis for probable

there was no basis for probable cause to arrest Mr. Elmore

cause to arrest Mr. Elmore anyway, and there was no list of

anyway, and there was no list of negroid pubic hairs in the

negroid pubic hairs in the police inventory.

Police inventory. There was no item like that.

There was no item like that. >> As Diana dug deep entire the

>> as Diana dug deep entire the case, a new suspect began to

case, a new suspect began to emerge.

Emerge. She thought the next door

she thought the next door neighbor who discovered

neighbor who discovered Dorothy's body had acted

Dorothy's body had acted suspiciously.

Suspiciously. >> Really?

>> Really? >>> In order to get a new trial

>>> in order to get a new trial for Edward Lee elmore, Diana

for Edward Lee elmore, Diana needed to find grounds to appeal

needed to find grounds to appeal when she finally read what

when she finally read what elmore said in the original

elmore said in the original trial, she felt more determined

trial, she felt more determined than ever to fight back.

Than ever to fight back. >> I started reading Eddie's

>> I started reading Eddie's testimony and it got me, yeah.

Testimony and it got me, yeah. And the more it went along, the

and the more it went along, the more it got me.

More it got me. >> I remember when he was cross

>> I remember when he was cross examining.

Examining. Because for a long time, Edward

because for a long time, Edward didn't say anything or testify.

Didn't say anything or testify. He just sat there as if, why am

he just sat there as if, why am I here?

I here? Why I am a going through this?

Why I am a going through this? >> You want this court to

>> you want this court to believe you're always this

believe you're always this quiet, don't you?

Quiet, don't you? >> Well, sir, you asked me

>> well, sir, you asked me something, I answered.

Something, I answered. >> You want them to believe

>> you want them to believe you're real quiet and polite.

You're real quiet and polite. Yes, sir, no, sir.

Yes, sir, no, sir. Isn't that right?

Isn't that right? >> No, sir.

>> No, sir. >> Edward didn't understand what

>> Edward didn't understand what he was talking about.

He was talking about. He didn't understand how to

he didn't understand how to defend himself or what to say.

Defend himself or what to say. >> Why did you hit her with this

>> why did you hit her with this ashtray?

Ashtray? >> I didn't hit her with it.

>> I didn't hit her with it. >> Why did you stick her with

>> why did you stick her with this knife?

This knife? >> I didn't stick her with no

>> I didn't stick her with no knife, sir.

Knife, sir. >> Tell US how it felt when she

>> tell US how it felt when she reached down and jerked these

reached down and jerked these pubic hairs out of you.

Pubic hairs out of you. It hurt, didn't it?

It hurt, didn't it? >> She didn't jerk them off me.

>> She didn't jerk them off me. I was not there.

I was not there. >> She tried to get off the bed

>> she tried to get off the bed and get out of there.

And get out of there. >> I was not there.

>> I was not there. >> And you caught her and

>> and you caught her and started pounding her with your

started pounding her with your fist.

Fist. >> No, sir.

>> No, sir. >> Stomach and all.

>> Stomach and all. >> No, sir.

>> No, sir. >> Did you kick her?

>> Did you kick her? >> No, sir.

>> No, sir. I wasn't there.

I wasn't there. >> That's all I have to ask you.

>> That's all I have to ask you. >> In his closing argument to

>> in his closing argument to the jury, Willie t. Portrayed

the jury, Willie t. Portrayed elmore as a sadistic killer who

elmore as a sadistic killer who tortured his victim before

tortured his victim before beating her to death.

Beating her to death. But Diana thought that the

but Diana thought that the depiction of elmore was highly

depiction of elmore was highly prejudicial and the evidence

prejudicial and the evidence riddled with holes.

Riddled with holes. She also thought elmore had done

she also thought elmore had done well under the circumstances.

Well under the circumstances. >> Even under withering

>> even under withering prosecution by brilliant Willie

prosecution by brilliant Willie t., Mr. Elmore said what he

t., Mr. Elmore said what he always said, I didn't do it.

Always said, I didn't do it. >> In order to solve the mystery

>> in order to solve the mystery of who did murder Dorothy

of who did murder Dorothy Edwards, Diana began looking for

Edwards, Diana began looking for alternate suspects and she found

alternate suspects and she found one in the neighbor who

one in the neighbor who discovered the body, James

discovered the body, James holloway.

Holloway. >> I read the testimony of James

>> I read the testimony of James holloway and my head just about

holloway and my head just about spun off my little spindly neck.

Spun off my little spindly neck. Wow!

Wow! >> Holloway had spent an

>> holloway had spent an unusually long period of time at

unusually long period of time at the crime scene before calling

the crime scene before calling the police.

The police. >> He goes inside Dorothy

>> he goes inside Dorothy Edwards' house.

Edwards' house. He sees that wall of blood for

he sees that wall of blood for the first time, but he doesn't

the first time, but he doesn't call police.

Call police. He decides that he is going to

he decides that he is going to go to the other side neighbor

go to the other side neighbor and get her to come in the house

and get her to come in the house with him.

With him. So he is at the closet door

so he is at the closet door again and he decides to put

again and he decides to put gloves on.

Gloves on. And then opens the door and lo

and then opens the door and lo and behold, there she was.

And behold, there she was. Really?

Really? He put his gloves on before he

he put his gloves on before he went to open the door?

Went to open the door? >> Diana was also suspicious

>> Diana was also suspicious that holloway immediately told

that holloway immediately told police who the perpetrator could

police who the perpetrator could be.

Be. >> He told law enforcement, you

>> he told law enforcement, you know, there was a boy here a

know, there was a boy here a couple weeks back who washed her

couple weeks back who washed her windows.

Windows. And if you get me her checkbook,

and if you get me her checkbook, I can get his name for you.

I can get his name for you. And that was Edward Lee elmore.

And that was Edward Lee elmore. That boy.

That boy. >> Even more surprising was that

>> even more surprising was that the police allowed holloway, a

the police allowed holloway, a possible suspect, to clean the

possible suspect, to clean the crime scene the day after

crime scene the day after Dorothy's body was found.

Dorothy's body was found. >> Law enforcement turned the

>> law enforcement turned the crime scene over to Jimmy

crime scene over to Jimmy holloway to clean up.

Holloway to clean up. He could do whatever he wanted

he could do whatever he wanted in there.

In there. There was no law enforcement

there was no law enforcement presence watching what happened.

Presence watching what happened. There was no preservation of the

there was no preservation of the crime scene.

Crime scene. >> Diana needed answers so she

>> Diana needed answers so she drove 90 miles to greenwood,

drove 90 miles to greenwood, south Carolina, and showed up

south Carolina, and showed up unannounced at James holloway's

unannounced at James holloway's front door.

Front door. >> Mrs. Holloway answered the

>> Mrs. Holloway answered the door.

Door. She led me into the den and he

she led me into the den and he was sitting on his big

was sitting on his big overstuffed recliner.

Overstuffed recliner. So I introduced myself, and he

so I introduced myself, and he proceeded to tell me, well, you

proceeded to tell me, well, you know, really, the only one who

know, really, the only one who could kill her and get away with

could kill her and get away with it was me, the way she trusted

it was me, the way she trusted me.

Me. That was one of the toughest

that was one of the toughest moments in my career of not

moments in my career of not reacting.

Reacting. Holy --

holy -- he also told me that law

he also told me that law enforcement suspected him

enforcement suspected him because all of the neighbors had

because all of the neighbors had told law enforcement that he and

told law enforcement that he and Dorothy had been having an

Dorothy had been having an affair for the last 30 years.

Affair for the last 30 years. He told me that Dorothy was

he told me that Dorothy was supposed to go out of town that

supposed to go out of town that weekend because she claim this

weekend because she claim this guy in tryon, north Carolina was

guy in tryon, north Carolina was going to propose to her that

going to propose to her that weekend.

Weekend. But somehow she did not get to

but somehow she did not get to go on that trip to north

go on that trip to north Carolina that weekend.

Carolina that weekend. >> Diana realized if holloway

>> Diana realized if holloway was having an affair with

was having an affair with Dorothy, the motive could be

Dorothy, the motive could be jealous.

Jealous. And holloway's detailed

and holloway's detailed description of what might have

description of what might have happened also raised a red flag

happened also raised a red flag for Diana.

For Diana. >> He then starts telling me the

>> he then starts telling me the story of what happened in her

story of what happened in her house, as though he were an

house, as though he were an eyewitness.

Eyewitness. She was just sitting there on

she was just sitting there on her settee watching TV.

Her settee watching TV. He came in and he started on

he came in and he started on her.

Her. It took her a good 20 minutes to

it took her a good 20 minutes to die.

Die. He just went on.

He just went on. And you didn't -- and there

and you didn't -- and there wasn't any nudging or prompting.

Wasn't any nudging or prompting. He was relishing talking about

he was relishing talking about all of the things.

All of the things. It was a gully washer of

it was a gully washer of dumbfoundedness that day.

Dumbfoundedness that day. >> Diana's suspicions about

>> Diana's suspicions about James holloway were never

James holloway were never pursued.

Pursued. He passed away in 1994.

He passed away in 1994. >> By 1995, elmore had been on

>> by 1995, elmore had been on death row for more than 13

death row for more than 13 years.

Years. And he had seen many of his

and he had seen many of his fellow inmates put to death.

Fellow inmates put to death. Elmore's survival would now

elmore's survival would now depend on Diana getting him a

depend on Diana getting him a new trial.

>>> By 1995, Diana was ready to present evidence pointing to

present evidence pointing to Edward elmore's innocence to a

Edward elmore's innocence to a state court in south Carolina.

State court in south Carolina. The goal was to get a new trial

the goal was to get a new trial for elmore.

For elmore. Diana would be joined by Chris

Diana would be joined by Chris Jensen for what would be her

Jensen for what would be her first hearing as a lawyer.

First hearing as a lawyer. >> She was very fierce.

>> She was very fierce. She had not the slightest doubt

she had not the slightest doubt about Eddie elmore's innocence.

About Eddie elmore's innocence. She was determined to make sure

she was determined to make sure that I did my job.

That I did my job. >> The state was represented by

>> the state was represented by Donald Zelenka, who reportedly

Donald Zelenka, who reportedly once argued that women who had

once argued that women who had abortions in the third trimester

abortions in the third trimester could be executed for murder.

Could be executed for murder. And elmore's fate would be

and elmore's fate would be decided by judge Ernest kinard.

Decided by judge Ernest kinard. One of the first witnesses

one of the first witnesses called was James Gilliam, the

called was James Gilliam, the inmate who said elmore confessed

inmate who said elmore confessed to him in jail.

To him in jail. But in the small town of

but in the small town of greenwood, both elmore and

greenwood, both elmore and Gilliam new bishop spearman.

Gilliam new bishop spearman. And before the hearing, Gilliam

and before the hearing, Gilliam told spearman the truth.

Told spearman the truth. >> James Gilliam and I go back I

>> James Gilliam and I go back I guess all our life.

Guess all our life. One night he called me and he

one night he called me and he told me I lied and my conscience

told me I lied and my conscience is bothering me.

Is bothering me. >> Gilliam said he made a deal

>> Gilliam said he made a deal with the prosecutor to testify

with the prosecutor to testify against elmore in exchange for

against elmore in exchange for release from prison.

Release from prison. But with elmore facing the

but with elmore facing the electric chair, he felt bad what

electric chair, he felt bad what he had done.

He had done. >> I said James, make it right.

>> I said James, make it right. And I got excited.

And I got excited. I felt like once this comes out

I felt like once this comes out that ed would be free.

That ed would be free. >> Gilliam said the testimony

>> Gilliam said the testimony that I gave in these prior

that I gave in these prior trials was false.

Trials was false. That he made up this story to

that he made up this story to try to get better treatment for

try to get better treatment for himself on his criminal

himself on his criminal sentence.

Sentence. >> Gilliam would go on to state

>> Gilliam would go on to state that the only thing elmore had

that the only thing elmore had ever said was that he didn't

ever said was that he didn't kill Dorothy Edwards.

Kill Dorothy Edwards. But Diana's team also felt they

but Diana's team also felt they needed to refute Dorothy

needed to refute Dorothy Edwards' time of death which the

Edwards' time of death which the medical examiner had placed on

medical examiner had placed on Saturday night during the only

Saturday night during the only hours elmore had no alibi.

Hours elmore had no alibi. Diana hired forensic expert

Diana hired forensic expert Jonathan arden.

Jonathan arden. >> In my opinion the victim died

>> in my opinion the victim died in the early afternoon on

in the early afternoon on sunday.

Sunday. That time frame makes sense with

that time frame makes sense with the rigor mortis, the lack of

the rigor mortis, the lack of decomposition.

Decomposition. But when the state medical

but when the state medical examiner was asked, why did you

examiner was asked, why did you recommend the time of death be

recommend the time of death be 65 hours prior to the time of

65 hours prior to the time of discovery, given all the

discovery, given all the evidence of the rigor mortis,

evidence of the rigor mortis, the lack of decomposition, she

the lack of decomposition, she said under oath, because that's

said under oath, because that's when they told me.

When they told me. The police told me that's when

the police told me that's when they thought it happened.

They thought it happened. >> But even with all the

>> but even with all the evidence in elmore's favor,

evidence in elmore's favor, Diana and Jensen knew the

Diana and Jensen knew the biggest hurdle would be

biggest hurdle would be explaining the blood on elmore's

explaining the blood on elmore's pants to the court.

Pants to the court. >> Blood that was supposedly

>> blood that was supposedly found on pants and shoes matched

found on pants and shoes matched the blood type of Mrs. Edwards.

The blood type of Mrs. Edwards. And this was very difficult

and this was very difficult testimony to rebut.

Testimony to rebut. >> As Jensen cross-examined the

>> as Jensen cross-examined the state's blood evidence, Diana

state's blood evidence, Diana went through the testimony and

went through the testimony and made a key discovery.

Made a key discovery. Evidence lists showed elmore's

evidence lists showed elmore's pants had passed through eight

pants had passed through eight different people before the

different people before the trial.

Trial. >> I jumped out of my chair.

>> I jumped out of my chair. I start whispering to Chris

I start whispering to Chris Jensen, ask him what this means

Jensen, ask him what this means and who these people are and

and who these people are and what that is supposed to

what that is supposed to represent.

Represent. >> One name on the list jumped

>> one name on the list jumped out at Diana.

Out at Diana. Thomas Henderson was a state

Thomas Henderson was a state police agent who grew up across

police agent who grew up across the street from Dorothy Edwards

the street from Dorothy Edwards and James holloway and was

and James holloway and was friendly with both.

Friendly with both. >> Tom Henderson had nothing to

>> Tom Henderson had nothing to do with forensic investigation

do with forensic investigation at all.

At all. Nothing.

Nothing. He wasn't supposed to be

he wasn't supposed to be involved in the case anyway

involved in the case anyway because these were people he

because these were people he knew his whole life long.

Knew his whole life long. >> There was really no reason

>> there was really no reason for him to have removed these

for him to have removed these things from the laboratory.

Things from the laboratory. We were arguing that this

we were arguing that this evidence had in all likelihood

evidence had in all likelihood been tampered with and quite

been tampered with and quite conceivably that Mrs. Edwards'

conceivably that Mrs. Edwards' blood had been put on the

blood had been put on the garments.

Garments. >> It would now be up to the

>> it would now be up to the judge to rule whether or not

judge to rule whether or not elmore deserved a new trial.

Elmore deserved a new trial. The decision would take four

the decision would take four months to come down.

Months to come down. >> We presented all this great

>> we presented all this great evidence.

Evidence. We're very excited.

We're very excited. We're stoked.

We're stoked. Then comes the judge's order and

then comes the judge's order and the cover letter said Edward Lee

the cover letter said Edward Lee elmore may well not be guilty,

elmore may well not be guilty, but that will be for an

but that will be for an appellate court to find.

Appellate court to find. >> Judge kinard had left

>> judge kinard had left elmore's fate up to other judges

elmore's fate up to other judges to decide.

To decide. >> I became literally

>> I became literally hysterical, completely sobbing.

Hysterical, completely sobbing. Running, I threw it at John

running, I threw it at John blume.

Blume. What the hell is the matter with

what the hell is the matter with you?

You? >> John blume had assigned

>> John blume had assigned elmore's case to Diana as an

elmore's case to Diana as an intern.

Intern. >> I was stunned.

>> I was stunned. I had really expected that he

I had really expected that he would Grant relief because they

would Grant relief because they had presented a compelling case

had presented a compelling case of Mr. Elmore's innocence.

Of Mr. Elmore's innocence. >> Diana was discovering that

>> Diana was discovering that proving Mr. Elmore's innocence

proving Mr. Elmore's innocence was not enough.

Was not enough. To get a new trial, elmore's

to get a new trial, elmore's team would have to prove that

team would have to prove that elmore's constitutional rights

elmore's constitutional rights had been violated.

Had been violated. >> A person can be innocent but

>> a person can be innocent but as long as they get a fair

as long as they get a fair trial, that's all they're

trial, that's all they're entitled to.

Entitled to. Well, that begs the question.

Well, that begs the question. Is it a fair trial if somebody

is it a fair trial if somebody has lied?

Has lied? >> Diana's team immediately

>> Diana's team immediately appealed judge kinard's decision

appealed judge kinard's decision to the south Carolina supreme

to the south Carolina supreme court.

Court. But in the meantime, the state

but in the meantime, the state prosecutor, Donald Zelenka had

prosecutor, Donald Zelenka had discovered that Diana had a

discovered that Diana had a secret that if exposed could

secret that if exposed could destroy her career and damage

destroy her career and damage elmore's case.

Elmore's case. He would soon call her to a

he would soon call her to a deposition.

Deposition. >> Donald Zelenka asked have you

>> Donald Zelenka asked have you ever done anything in the course

ever done anything in the course of your life that would reflect

of your life that would reflect poorly on the legal profession?

Poorly on the legal profession? And I said yes.

And I said yes. >>> While edwa

>>> while edwa on death row, waiting for his

on death row, waiting for his appeal to move forward, Diana

appeal to move forward, Diana holt took on other death penalty

holt took on other death penalty cases.

Cases. In one she was able to get a

in one she was able to get a last-minute stay of execution

last-minute stay of execution over the objections of

over the objections of assistant Attorney General

assistant Attorney General Donald Zelenka.

Donald Zelenka. Zelenka was determined to

Zelenka was determined to discredit Diana.

Discredit Diana. He dug through her past looking

he dug through her past looking for anything to get her off the

for anything to get her off the case.

Case. In April 2000, he called her to

in April 2000, he called her to a deposition.

A deposition. >> It was at the attorney

>> it was at the attorney general's office.

General's office. There were six attorneys across

there were six attorneys across the table from me and all of

the table from me and all of them lined up like this.

Them lined up like this. Looking.

Looking. Don Zelenka asked have you ever

Don Zelenka asked have you ever done anything in the course of

done anything in the course of your life that would reflect

your life that would reflect poorly on the legal profession?

Poorly on the legal profession? And I said yes.

And I said yes. >> Diana feared that if her

>> Diana feared that if her story became public, it would

story became public, it would ruin her reputation and destroy

ruin her reputation and destroy elmore's chances for a new

elmore's chances for a new trial.

Trial. In 1975 at the age of 17, Diana

in 1975 at the age of 17, Diana ran away to New Orleans with a

ran away to New Orleans with a few friends.

Few friends. >> It was a horrible time.

>> It was a horrible time. My sister had been taken away by

my sister had been taken away by the state of Texas.

The state of Texas. It had to do with sexual abuse

it had to do with sexual abuse that I suffered.

That I suffered. I was 17.

I was 17. I didn't know how to deal with

I didn't know how to deal with stuff like that.

Stuff like that. So I left.

So I left. I met these three people.

I met these three people. Went to New Orleans with them

went to New Orleans with them and after a little bit, I wanted

and after a little bit, I wanted to go home.

To go home. I didn't have any money and

I didn't have any money and there was a plan.

There was a plan. So I went to the French quarter,

so I went to the French quarter, started talking to this guy.

Started talking to this guy. And the ruse was that I would

and the ruse was that I would exchange sex for money.

Exchange sex for money. We left bourbon street together,

we left bourbon street together, got in his car and one of the

got in his car and one of the two guys came in.

Two guys came in. He got on the passenger side.

He got on the passenger side. I was scrunched in the middle.

I was scrunched in the middle. >> Diana's friend pulled a gun

>> Diana's friend pulled a gun and demanded money.

And demanded money. The driver gave them $60.

The driver gave them $60. They jumped out of the car and

they jumped out of the car and ran.

Ran. >> Made it about three blocks.

>> Made it about three blocks. Pulled over by the New Orleans

pulled over by the New Orleans police department, up against

police department, up against the wall.

The wall. The victim was a u.S. Marshal.

The victim was a u.S. Marshal. It's like dumb and dumber a

it's like dumb and dumber a little bit.

Little bit. What do you expect from an air

what do you expect from an air head 17-year-old.

Head 17-year-old. I pled guilty to armed robbery

I pled guilty to armed robbery and off I went to the Louisiana

and off I went to the Louisiana correctional institute for

correctional institute for women.

Women. One day, the prosecutor in my

one day, the prosecutor in my case came to the prison to visit

case came to the prison to visit and he said, I just want you to

and he said, I just want you to know that you don't have to be

know that you don't have to be what you did that day, and you

what you did that day, and you can make it, and you can be

can make it, and you can be somebody.

Somebody. And I'm still -- why wouldn't

and I'm still -- why wouldn't every prosecutor want to do

every prosecutor want to do that?

That? >> Diana began studying in the

>> Diana began studying in the prison's law library,

prison's law library, researching cases of fellow

researching cases of fellow inmates and sending letters to

inmates and sending letters to the presiding judges.

The presiding judges. She even had one woman's

she even had one woman's sentence reduced.

Sentence reduced. >> Doing the few things that did

>> doing the few things that did that made an impact, I want more

that made an impact, I want more of that.

Of that. I want to do more of that.

I want to do more of that. I want to help people like that.

I want to help people like that. >> A model prisoner, Diana was

>> a model prisoner, Diana was released in 1977 with a full

released in 1977 with a full pardon.

Pardon. The whole episode became a

the whole episode became a distant memory until Donald

distant memory until Donald Zelenka confronted her with it

Zelenka confronted her with it nearly 25 years later.

Nearly 25 years later. >> I was like, you know what?

>> I was like, you know what? You opened the door.

You opened the door. I'm walking through it.

I'm walking through it. Let's do this.

Let's do this. I'm going to tell it all.

I'm going to tell it all. Not just the part you want to

not just the part you want to hear.

Hear. >> But the judge in the case,

>> but the judge in the case, visibly disgusted by Zelenka's

visibly disgusted by Zelenka's tactic, disallowed the

tactic, disallowed the deposition.

Deposition. Diana could continue her fight

Diana could continue her fight for elmore's life.

For elmore's life. At elmore's trial, prosecutor

at elmore's trial, prosecutor Willie t. Had claimed that

Willie t. Had claimed that negroid hair had been found on

negroid hair had been found on the body.

The body. When the petition had asked to

when the petition had asked to see the hair it had gone

see the hair it had gone missing.

Missing. Now 16 years later, the hair

now 16 years later, the hair suddenly turned up.

Suddenly turned up. >> The prosecution has an

>> the prosecution has an obligation to turn over to the

obligation to turn over to the defense anything which is

defense anything which is favorable.

Favorable. In this case, they didn't do it

in this case, they didn't do it at the time of trial.

At the time of trial. >> As it turns out, none of the

>> as it turns out, none of the hairs were negroid at all.

Hairs were negroid at all. They were all Caucasian hair,

they were all Caucasian hair, and they did not belong to Mr.

And they did not belong to Mr. elmore.

Elmore. >> And that should be sufficient

>> and that should be sufficient to warrant a new trial.

To warrant a new trial. >> We got all excited.

>> We got all excited. Asked for the judge to set a

asked for the judge to set a hearing.

Hearing. It was December 20th or 21st.

It was December 20th or 21st. We were going to have Christmas

we were going to have Christmas beyond all christmases.

Beyond all christmases. >> On December 21st, 2000, a new

>> on December 21st, 2000, a new hearing was held.

Hearing was held. If a new trial were to be

if a new trial were to be granted, elmore could be

granted, elmore could be released on bail and join his

released on bail and join his family for the holidays after

family for the holidays after more than 18 years on death row.

More than 18 years on death row. >> All rise.

>> All rise. >> Judge Ernest kinard again

>> judge Ernest kinard again presided, the same judge who hat

presided, the same judge who hat stated that elmore may well not

stated that elmore may well not be guilty.

Be guilty. >> Lab corps has sent US a

>> lab corps has sent US a report indicating there are

report indicating there are hairs from someone other than

hairs from someone other than Dorothy Edwards and there were

Dorothy Edwards and there were no hairs of anyone of

no hairs of anyone of African-American descent.

African-American descent. >> He acknowledged the evidence

>> he acknowledged the evidence should have been given to the

should have been given to the defense but argued only one of

defense but argued only one of the hairs had sufficient DNA to

the hairs had sufficient DNA to read.

Read. >> We do not dispute the

>> we do not dispute the materials recovered from the

materials recovered from the victim's body at the time of the

victim's body at the time of the autopsy.

Autopsy. One hair, not hairs.

One hair, not hairs. One hair.

One hair. >> It was merely another hair in

>> it was merely another hair in the bedroom.

The bedroom. Of Mrs. Edwards.

Of Mrs. Edwards. This is a completely different

this is a completely different case than what the jury heard.

Case than what the jury heard. In the final analysis, the

in the final analysis, the question really is if not now,

question really is if not now, when?

When? If this is not enough to Grant

if this is not enough to Grant somebody a new trial, then when

somebody a new trial, then when is post conviction relief ever

is post conviction relief ever appropriate?

Appropriate? >> Unexpectedly, rather than

>> unexpectedly, rather than adjourn and read the filings

adjourn and read the filings before ruling, the judge issued

before ruling, the judge issued his decision on the spot.

His decision on the spot. >> All motions are denied.

>> All motions are denied. >> The judge said, one hair is

>> the judge said, one hair is not enough.

Not enough. I'm out of here.

I'm out of here. >> In this case, there are a

>> in this case, there are a number of things that stink and

number of things that stink and if you look at it as a whole, it

if you look at it as a whole, it doesn't just stink, it reeks.

Doesn't just stink, it reeks. >> An execution date was set for

>> an execution date was set for elmore.

Elmore. He was placed in a high security

he was placed in a high security lockdown cell while awaiting his

lockdown cell while awaiting his date with the electric chair.

Date with the electric chair. Now a mere three weeks away.

Now a mere three weeks away. >> I tried my hardest to get him

>> I tried my hardest to get him ready for it.

Ready for it. And he called me one day and he

and he called me one day and he said, are they going to kill me?

Said, are they going to kill me? I think I told him in the most

I think I told him in the most simple terms I could tell him

simple terms I could tell him that they were going to have to

that they were going to have to take me out first.

Take me out first. >>> After 22 years on death row,

>>> after 22 years on death row, Edward elmore was in lockdown, a

Edward elmore was in lockdown, a special holding cell for inmates

special holding cell for inmates awaiting execution.

Awaiting execution. With only 23 days to go, Diana

with only 23 days to go, Diana filed a last-minute appeal and

filed a last-minute appeal and got a stay of execution.

Got a stay of execution. But this was only a temporary

but this was only a temporary solution.

Solution. If elmore was to survive, they

if elmore was to survive, they would need a new strategy.

Would need a new strategy. >> The supreme court issued a

>> the supreme court issued a landmark death penalty decision.

Landmark death penalty decision. >> And a supreme court decision

>> and a supreme court decision from 2002 gave them an

from 2002 gave them an opportunity.

Opportunity. >> In a stunning reversal of

>> in a stunning reversal of course, the u.S. Supreme court

course, the u.S. Supreme court today ruled executing mentally

today ruled executing mentally disabled criminals is

disabled criminals is unconstitutional.

Unconstitutional. >> The question was whether

>> the question was whether elmore was in fact mentally

elmore was in fact mentally disabled.

Disabled. >> He was tested.

>> He was tested. And the state department of

and the state department of disabilities and special needs

disabilities and special needs that finds Edward Lee elmore is

that finds Edward Lee elmore is mentally retarded.

Mentally retarded. >> Elmore's death sentence was

>> elmore's death sentence was commuted to life in prison.

Commuted to life in prison. After nearly 28 years, elmore

after nearly 28 years, elmore was finally leaving death row.

Was finally leaving death row.

Sorry, that's exactly what I

sorry, that's exactly what I did.

Did. I get Mr. Elmore on the phone.

I get Mr. Elmore on the phone. I say hey, you're going to be

I say hey, you're going to be leaving death row.

Leaving death row. I'm not going to die?

I'm not going to die? No, well, not there.

No, well, not there. >> Elmore's life had been

>> elmore's life had been spared.

Spared. But Diana hadn't fought for

but Diana hadn't fought for years to see elmore die behind

years to see elmore die behind bars.

Bars. Her team had one last hope to

her team had one last hope to get him a new trial.

Get him a new trial. The u.S. 4th circuit court of

the u.S. 4th circuit court of appeals would be the highest

appeals would be the highest court ever to hear elmore's

court ever to hear elmore's case.

Case. >> The 4th circuit has the

>> the 4th circuit has the reputation of being the most

reputation of being the most conservative federal appellate

conservative federal appellate court in the country.

Court in the country. So we felt our chances of

so we felt our chances of prevailing were very slight.

Prevailing were very slight. >> In yet another face-off with

>> in yet another face-off with Donald Zelenka, the court's

Donald Zelenka, the court's three-judge panel heard

three-judge panel heard oral arguments in September of

oral arguments in September of 2010, and remarkably, they came

2010, and remarkably, they came down hard on Zelenka.

Down hard on Zelenka. >> The time of death, we were

>> the time of death, we were locking it down because the

locking it down because the defendant was seen at 9:30

defendant was seen at 9:30 headed that direction.

Headed that direction. >> Locking down the time of

>> locking down the time of death based on what his alibi

death based on what his alibi was.

Was. I thought you locked down time

I thought you locked down time of death by science.

Of death by science. >> The judges have moral

>> the judges have moral righteous indignation in their

righteous indignation in their voices and what they're saying.

Voices and what they're saying. >> You put in evidence there was

>> you put in evidence there was hairs found on the bed there was

hairs found on the bed there was a big part of the conviction?

A big part of the conviction? >> Yes, it was.

>> Yes, it was. >> Not one photograph was taken

>> not one photograph was taken of the bed where these hairs

of the bed where these hairs supposedly were.

Supposedly were. Does that make sense to you?

Does that make sense to you? >> Well, I don't know.

>> Well, I don't know. >> Do you think that makes a

>> do you think that makes a difference now that we know he

difference now that we know he is mentally retarded?

Is mentally retarded? >> No, not at all.

>> No, not at all. >> In this case, this is just a

>> in this case, this is just a constellation of problems.

Constellation of problems. >> Even though the judges seem

>> even though the judges seem to be raising some serious

to be raising some serious questions, I came out of the

questions, I came out of the argument feeling negative about

argument feeling negative about our prospects.

Our prospects. I didn't think the court had

I didn't think the court had much incentive to overturn his

much incentive to overturn his conviction.

Conviction. >> We didn't hear anything for

>> we didn't hear anything for month after month.

Month after month. 14 months went by.

14 months went by. And then I get an e-mail in my

and then I get an e-mail in my inbox.

Inbox. Heart stops.

Heart stops. I start hyperventilating.

I start hyperventilating. I clicked on it, and the opinion

I clicked on it, and the opinion is 190-something pages long.

Is 190-something pages long. And where is the good part?

And where is the good part? >> The most conservative

>> the most conservative appellate court in the nation

appellate court in the nation had ruled 2-1 that elmore

had ruled 2-1 that elmore deserved a new trial.

Deserved a new trial. >> Everyone in the death penalty

>> everyone in the death penalty community, what happened?

Community, what happened? We don't win like that, and not

we don't win like that, and not there.

There. But we did.

But we did. >> The state was reluctant to

>> the state was reluctant to retry the case, knowing the

retry the case, knowing the evidence the defense had

evidence the defense had unearthed could implicate both

unearthed could implicate both police and prosecutors.

Police and prosecutors. So they offered elmore a plea

so they offered elmore a plea bargain.

Bargain. >> And the prosecutor asked is

>> and the prosecutor asked is there anything short of outright

there anything short of outright dismissal of all charges that we

dismissal of all charges that we can do to settle this matter?

Can do to settle this matter? And I said in fact there is.

And I said in fact there is. He goes free at the bond

he goes free at the bond hearing, and he is going to

hearing, and he is going to continue to say the truth he

continue to say the truth he said all of these years, i'm

said all of these years, i'm innocent.

Innocent. And the prosecutor said okay.

And the prosecutor said okay. >> But the plea required that

>> but the plea required that elmore say in open court that

elmore say in open court that the state could likely prove

the state could likely prove their charges against him at a

their charges against him at a trial.

Trial. It wasn't the exoneration they

it wasn't the exoneration they were hoping for, but it would

were hoping for, but it would mean freedom.

Mean freedom. >> New tonight, he was once on

>> new tonight, he was once on death row.

Death row. Now he is a free man.

Now he is a free man. After 30 years, Edward elmore

after 30 years, Edward elmore was released from prison today.

Was released from prison today. >> Thank the lord.

>> Thank the lord. Give me a minute.

Give me a minute. I'm a little overwhelmed right

I'm a little overwhelmed right now.

Now. Just so excited, I couldn't

just so excited, I couldn't hardly speak.

Hardly speak. Locked up all them years

locked up all them years something I didn't do, and comes

something I didn't do, and comes along, she believed in me.

Along, she believed in me. >> Were you afraid of dying?

>> Were you afraid of dying? >> Not in a way, but like I say,

>> not in a way, but like I say, I knew the truth would

I knew the truth would eventually come out, right.

Eventually come out, right. That's kept me going.

That's kept me going. It kept my faith right, and just

it kept my faith right, and just taking it one day at a time.

Taking it one day at a time. That's all you can do, you know,

that's all you can do, you know, and hope and pray that

and hope and pray that everything come out all right.

Everything come out all right. >> Mr. Elmore had been

>> Mr. Elmore had been incarcerated for 11,000 days.

Incarcerated for 11,000 days. The judge told Mr. Elmore that

the judge told Mr. Elmore that he had exhausted his sentence

he had exhausted his sentence and he was free to go.

And he was free to go. You are free to go, Mr. Elmore.

You are free to go, Mr. Elmore. >> We could walk him out that

>> we could walk him out that door of the courtroom and down

door of the courtroom and down those steps as a free man.

Those steps as a free man. And that was -- I'm sorry.

And that was -- I'm sorry. That was the best moment of my

that was the best moment of my life as an attorney.

Life as an attorney. >> Elmore moved back in with his

>> elmore moved back in with his sister, and has begun the

sister, and has begun the process of adjusting to a world

process of adjusting to a world very different from the one he

very different from the one he left.

Left. >> So much had changed, you

>> so much had changed, you know, since -- trying to get

know, since -- trying to get used to everything.

Used to everything. Still trying to adjust to

still trying to adjust to things.

Things. It's so technical, right, phones

it's so technical, right, phones and computers and all that

and computers and all that stuff.

Stuff. It's really, really hard.

It's really, really hard. I'm trying to learn how, you

I'm trying to learn how, you know.

Know. I'm trying to cope with it.

I'm trying to cope with it. >> Eddie's case taught me a lot

>> Eddie's case taught me a lot of things about our justice

of things about our justice system.

System. It taught me to be distrustful,

it taught me to be distrustful, skeptical.

Skeptical. Geography can make the

geography can make the difference.

Difference. Money, of course.

Money, of course. Gender, of course.

Gender, of course. Race is the one that is just a

race is the one that is just a dagger to the heart.

Dagger to the heart. But it also taught me to never

but it also taught me to never give up on it.

Give up on it. That even 30 years later,

that even 30 years later, someone will listen.

Someone will listen. As long as you don't give up,

as long as you don't give up, justice is possible.