All language subtitles for Death Row Stories S01E01 Edward Lee Elmore Innocence and the Intern

"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.