first big break when they were chosen to work at se haven'ts at the governor's mansion for the governor and then they were pardoned. two even got car-buying help from the governor's wife. governor barbour disputes that. as we said, "360" has uncovered another facet of the story. more evidence that calls the entire process to question and suggests there was a rush to pardon the people before checking the facts. this one concerns the pardon of harry bostick. for his third dui, he was pardoned ford his third dui even though he was suspected of committing a fourth dui at the time. the governor said it didn't know that fact before they pardoned him on the third dui. tonight we know otherwise and we'll have more on that. another example it seems, the governor or his office, saying one thing and the facts say another. here's how he justified pardoning the killers. >> for decades our government has been served primary live by inmates from the state penal system, almost all murderers because the experts say people that committed one crime of passion in their life, after they've served 20 years amd these have served on average, 20 years, are the least likely to ever commit another crime. >> we pointed out before that experts say governor barbour's theory is full of holes but these were hardly crimes of passion. one killer murdered his victim during a holdup. another stalked his estranged wife and shot her to death as she held their child in her arms before you were thing the gun on her friend, randy walker. >> i mean, a crime of passion, to me is if you come home from a business trip or from lunch unexpected and you find your spouse doing something they're not supposed to and you snap and beat them to death with a lamp on the side of the bed table or something. you don't drive nine hours from georgia, stalk us all night long, follow me to my house, find out where i live. sleep on it all night long, get up and hunt us down the next morning and then do it. there's plenty of time to stop what you've done here. and that's one of the questions that if governor barbour would ever man-up enough to talk to me that's a question i'd ask him. how is this a crime of passion? show me how this is a crime of passion? >> randy walker said he got 24 hours notice that david gatlin was being set free. he said he never had a chance to fight the transfer to the governor's mass. as for the mother and sister of the victim, this is what governors barbour claimed about keeping them in the loop. >> governor barbour claims his lawyers met with your family two years before david glen gatlin's release. is that true? >> no, that's absolutely false. we have had no contact with the governor or his lawyers, any of his people. no one has made an attempt to contact us. >> nor has the former governor shown in the inclination at all to answer any questions about this. >> governor, ed lavender with cnn, can we talk to you? >> let me get my instructions first. >> he wouldn't give us a second and walked right inside the building but not before showing us what he thought of the questions. >> governor, can you talk to us about the pardons? >> we'll wait for you out here then. >> just told me to stay where i'm cold. >> governor, can we get a few minutes to talk about the pardons with you? >> not really. when the supreme court rules it will be time to talk. i'm not so presumptuous to predict what the supreme court is going to do. but when they rule then we can talk. >> well, mississippi supreme court ruled and upthey would pardons but the governor still won't answer our questions but ed kept digging and he found another surprising chapter in the pardon story. watch. >> you have any questions? whenever you're ready. >> police dash kachl cameras captured these stumbles. the retired irs investigator was a familiar face to the officer who arrested him twice. >> i know who you are. >> reporter: in all, he was convicted of drunk driving three times between 2008 and 2009. >> have you been drinking today? >> reporter: he was serving a felony sentence in an alcohol abuse program, not in prison, when he asked former mississippi governor, hailey barbour to pardon him. they say his life fell into a destructive course after the tragic death of his teenage son in a tragic house fire and divorce from his wife. influential people including former prosecutors who are friends with top state-elected officials write glowing letters to barbour saying he no longer drinks alcohol and had turned his life around. last september, the mississippi parole board in a 3-2 vote, recommended a pardon for bostick but fate had him on a collision course with an 18-year-old girl named charity smith. >> all i think about is my child every day. >> linda smith weeps when she talks about her daughter. about a week after the parole board's vote, charity pulled out on this road, near tupelo, mississippi, o'apparently not seeing his truck coming down the road. he slammed into the side of her car, charity was killed. regardless of who was at fault state police say one thing was clear. bostick was driving drunk again. >> charity was quite the artist. >> i think so. >> reporter: one week after the parole board's recommendation, three months later, governor barbour would par bostick despite his continued drinking. on the day haleigh barbour pardoned him he was sitting in this jail in oxford, mississippi, suspected of driving drunk awe fourth time involved in the accident that killed charity smith. at the time we first reported the story, the governor spokeswoman said the governor had no idea that this had happened but now we've obtained documents that suggest the governor's office knew all along. bob whitwell, a former federal prosecutor was one of the friends that pushed for his pardon but days after the deadly car accident, and before bostick was pardoned he wrote a much different e-mail to his law school friend, the current secretary of state in mississippi. he writes -- my friend was involved in a motor vehicle accident and he had been drinking. i had no idea he had messed up. therefore, hold up on helping him. all of us are in shock. sorry. the e-mail was for wawarded to governor's office and barbour's chief lawyer said okay, will do. despite the e-mail, the governor helped anyway and pardoned bostick. >> this is the e-mail we wanted you to see. >> it means they knew and they still pardoned him! >> reporter: this was four days after charity was killed? >> four days. that's not right. this is not right. >> reporter: in february, we tried to ask governor barbour about bostick's pardon. >> governor can we talk about the pardons with you? >> not really. when the supreme court rules -- >> reporter: we went back to the governor again looking for answers. >> do you regret pardoning -- >> reporter: once again, barbour refused and his spokes wyoming said since this issue could go back before the state supreme court, we do not think that. o'it is appropriate to comment beyond what governor barbour has already stated previously. >> i just want to know why he went ahead and done it, knowing? why would you go ahead and do it? >> reporter: do you feel helpless? >> yes. because what can i do? i mean, really, what can i do? it's done. what's so bad is they knew and it still got done. how do you fix that? >> reporter: it can't be fixed and to linda smith, the pardon of harry bostick stinks of corruption. >> again, we keep trying to get haleigh barbour to sit with us any time, any place to give his side of the story and the invitation remains opened. i spoke with linda smith earlier. how are you holding up, linda? >> i take each day the best i can. i miss my daughter so very much. >> it doesn't get any easier, does it? >> no, it doesn't. >> the last time we spoke you said you believed the governor's office when they said they were not aware of a fourth dui charge. now you've seen the e-mails and know that they were, in fact, aware of the fourth charge. what went through your mind when you found that out? >> i could not understand why they still did it. knowing and why didn't they stop it? why did he go ahead and do it? i don't understand that. when you have something stating someone is sitting somewhere for the same thing, only a person has died, who does that? i don't understand that. >> it doesn't make any sense either that they would go ahead and do that knowing about the fourth dui. >> no. and another thing i don't understand is if all these people wrote letters stating that this person has changed, why didn't more people come forward and -- they had to have known where he was. only one person or is there more and we just don't know about it? >> he was in jail at the time the pardon came through? >> yes. >> has haleigh barbour or anyone from his office contacted you? >> no. no, they haven't. >> and no one has contacted you to try to explain it? >> no. no one has called me. >> what do you want to happen to this man? to harry bostick? >> them knowing what they did and still pardoning him, i don't see how they can do that. i don't see how that pardon could stand up. i mean, i don't understand that part. how can that happen? >> what do you want people to remember about your daughter? i mean, to keep in mind about your daughter in all of this? >> that she had a future, a wonderful future. and she's not here to fulfill it anymore. her dreams, she was just saying to me days before that, she said -- mom, i'm not going to lose sight of my dreams. i'm going to get my degree and i'm going to do the things i set out to do. and now, she will not. i mean, she will never feel the sun on her face. she'll never grow up. she'll never have a family. >> linda, thank you for talking to us. we're going to keep on this. thank you. stay strong. >> you're welcome. >> let us know what you think. we're on facebook, google plus or twitter @anderson cooper. a new disclosure in the trayvon par tin case. we'll take you inside the courtroom next. if there was a pill to help protect your eye health as you age... would you take it? well, there is. [ male announcer ] it's called ocuvite. a vitamin totally dedicated to your eyes, from the eye-care experts at bausch + lomb. as you age, eyes can lose vital nutrients. ocuvite helps replenish key eye nutrients. [ male announcer ] ocuvite has a unique formula not found in your multivitamin to help protect your eye health. now, that's a pill worth taking. [ male announcer ] ocuvite. help protect your eye health. cuban [ male announcer ] ocuvite. cajun raw seafood pizza parlor french fondue tex-mex fro-yo tapas puck chinese takeout taco truck free range chicken pancake stack baked alaska 5% cash back. right now, get 5% cash back at restaurants. it pays to discover. [ woman on r♪ bum-bum,stinct ] bum-bum, bum-bum ♪ ♪ bum-bum - ♪ ai, ai, ai - ♪ bum-bum - ♪ bum-bum, bum-bum - ♪ [ ice rattles rhythmically ] ♪ bum-bum, bum-bum, bum-bum ♪ ♪ [ imitates guitar noise ] ♪ [ vocalizing up-tempo heavy metal song ] ♪ [ vocalizing continues ] ♪ [ all singing ] the redesigned, 8-passenger pilot. smarter thinking. from honda. on december 21st polar shifts will reverse the earth's gravitational pull and hurtle us all into space. which would render retirement planning unnecessary. but say the sun rises on december 22nd, and you still need to retire. td ameritrade's investment consultants can help you build a plan that fits your life. we'll even throw in up to $600 when you open a new account or roll over an old 401(k). so who's in control now, mayans? new developments in the trayvon martin case starting with the moment of the courtroom drama. the judge called a brief hearing to make a disclosure involving her ties to cnns newest legal analyst, who referred to defendant goreorge zimmerman. >> it's my understanding that mr. zimmerman called make mejai to represent you prior to you. my husband works with mark. he only practices civil law and he does not practice criminal law at this time. i wanted to make both parties aware purr subt to the judicial cannons and under my obligations i wanted to disclose this to you as soon it was possible. that's why i set this hearing first thing this morning. you all can decide how you wish to proceed. >> neither side has asked the judge to recuse herself but mark sid he might file a motion next week. a bond hearing is set for next friday. the formal arraignment is may 29th. the actual trial may not begin for months. in the meantime we're learning about zimmerman's prison. he has no access to tv or tobacco. he can get reading material from the jail library or by mail order and can purchasing items from the commissary. his first order which is toiletries, clothing, puzzle books, playing cards and snack food and he gets three meals a day and three hours of recreation each week. that's a quick rundown of george zimmerman's physical circumstances. his mental state and his case going forward i talked with it to his new attorney, mark rom o romero. >> you spoke with your client, how is he doing? >> i think he's stressed. >> he is certainly nervous. mark omara. it's been a long process for him including the imposed isolation of the last several weeks and now he's facing second-degree murder charges and if nothing else, the dress of having been involved in an event where someone passed away. >> what are his thoughts about the charges against him in the proceedings thus far? >> neither he nor i have seen the evidence presented by the state. it's hard to really say whether or not the charges of second-degree were appropriate or overcharges. we'll have to wait to see. he's frustrated. he was charged at all. but i think he's at least -- there's some solace in the reality that we now have some proceed in your place that he knows what will happen next rather than constantly guessing. >> you decide to hold off on pursuing bail for your client, why? >> couple reasons. i'm not certain the county court judge that was handling this would address it anyway, even if i pushed him. probably more importantly, truly trying to get a handle on the case and to try to turn down the heat. and were i to demand a bond, then that would put the state in a position of having to bring forth evidence to argue against the bond. which would have been just more public presentation of evidence, firstly, without me having had an opportunity to review it and i just made the decision with george that we wouldn't push the issue. we have a bond motion filed and i think it's set for hearing the end of next week. i would like to have continued discussions with the state attorney's office to see if there's a way to come to some resolution to that. we'll see. >> the two gentlemen who previously were identified as his attorneys, whether or not there was any actual documents signed, it seems there wasn't, they seem to characterize him as suffering from ptsd, joe oliver, a friend of george zimmerman said the same thing. do you think that's a fair characterization? >> if he's diagnosed with something that will come after consultation and expert? like a psychologist or psychiatrist will make that determination. having done this for many, many years you get a feel for these things. i was able to interact with him very well. he's rational, certainly. and he understands what's going on. he is extraordinarily stressed, as anyone would be if they were in george zimmer man. >> you're waiting to talk to prosecution. >> i will have a conversation and i don't like having it in the jail but we'll talk about more particulars in this case. i'd love to have that conversation with him at my office when he's out on bond. i'm not just going to wait to see what the state says before i talk to him. we're building our trust level and it's already at a good point where i'll have those conversations with him soon. >> in terms of timeline, you're looking at a long time before trial, no? >> i would imagine a case like this, the fact that it's a second-degree with these elements, it's not an enormous amount of facts specific to the occasion. a limited number of witnesses. it happened over a limited period of time. we'll look into it but i have to be realistic that the focus of the case is going to slow down some, so i can't imagine this case being tried within a year. >> and finally, do you know when you will start to see the evidence that the prosecution has? >> i talked to the prosecutors who were involved in the case, miss corey and her assistant and we're already beginning the process of getting the discovery. under the rules i don't deserve it or get it until 15 days after the arraignment but we're not going to wait that long. the state will work with me on that. >> mr. o'mara, thank you. last night trayvon martin's brother broke his silence and talked about the brother he lost. he talks about the below he knew and whether he was capable of attack george zimmer man. that's next. c'mon dad! i'm here to unleash my inner cowboy. instead i got heartburn. [ horse neighs ] hold up partner. prilosec isn't for fast relief. try alka-seltzer. it kills heartburn fast. yeehaw! the chevy cruze eco also offers 42 mpg on the highway. actually, it's cruze e-co, not ec-o. just like e-ither. or ei-ther. or e-conomical. [ chuckling ] or ec-onomical. pa-tato, po-tato, huh? actually, it's to-mato, ta-mato. oh, that's right. [ laughs ] [ car door shuts ] [ male announcer ] visit your local chevy dealer today. now very well qualified lessees can get a 2012 chevy cruze ls for around $159 per month. e.p.a. estimated 36 miles per gallon highway. my high school science teacher made me what i am today. our science teacher helped us build it. ♪ now i'm a geologist at chevron, and i get to help science teachers. it has four servo motors and a wireless microcontroller. over the last three years we've put nearly 100 million dollars into american education. that's thousands of kids learning to love science. ♪ isn't that cool? and that's pretty cool. ♪ last night on the program we spoke with trayvon martin's mom and the first time, his older brother, a soft-spoken young man and he's going through a lot and that's clear. he has a lot to say softly and quietly about what his younger brother meant to him. what kind of person he was and whether he was capable of doing what george zimmerman claims. >> to javaaris, trayvon martin was the little brother that shared his room growing up. a little brother that loved to make jokes, was good at sports and wanted to follow his older brother to college. >> he was smart. he was in, you know, honor's classes. you know? he wanted to go off to college like i did. and i think it was my sophomore year he came up with me on his spring break and he had a good time. i showed him around. showed him the campus. you know, so, he was set on going to school. >> reporter: one of his last happy memories of his brother is a horseback riding trip they took together in february to celebrate their mother's birthday. trayvon's first time on a horse. >> his horse had like, some problems and it was -- it wanted to be a bully to everybody else's horse. >> how did he handle that? >> he handled it. he was the first one to learn how to, like, control them. they tell you little instructions how to make them turn left and right. he, like the first five minutes, you know, it was doing whatever he wanted. >> just eight days after the trip, trayvon martin was shot and killed. >> tell me what about when you first heard about what happened to trayvon? >> i looked at my phone and i saw i had some missed calls, one of them was my mother. so i, you know, i gave her a call. i could tell that something wasn't right. she told me that the tre passed away. and i paused. because i didn't believe it, and i didn't understand it either. >> reporter: he says he didn't understand it because the story that developed about that night kint sound like the brother he