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Now it becomes out of the realm of his work. >> ultimately the court agreed with clive and ben, refusing to believe that hendon had been ineffective. clive still believed that kris was innocent and while preparing, went through files and discovered evidence he believed police and prosecutors did not want kris to have. >> i started going through it. i discovered that police knew that criss had lost his gun before the murders took place. i discovered that kris actually told them from the very beginning he had been in room 1215. there was a perfect explanation. >> clive had also seen photos belon...

The death penalty. >> it didn't look too good for kris. the lead detective said he denied ever being in room 1215, while his fingerprints were all over the place. that was a lie. kris denied having a gun, he clearly did have a nine mm pistol. the investigator said that was the type of weapon used. according to kris, derek had stolen $441,000, just embezzled it. so kris had a motive. he clearly hated the moo youngs, and finally, the star witness was nevill butler. >> kris's case went to trial. in court, the defense presented no alibi witnesses and kris never took the stand. ron patillo was the ...

Someone had to be lying. butler was a home run for police. not only could he identify maharaj, he would go on to lead the detective to where he and kris planned to meet for dinner. >> i was at deny's having dinner. i saw neville walk in with a man. he showed me his card. he said, you are being arrested for murder. i said, what are you talking about? >> narrator: kris would be with taken in for interrogation and differences would be noticed about the conversation. >> kris denied ever being in room 1215. his fingerprints were all over the place. >> narrator: kris's fingerprints would only be sig...

>> hendon said he had a strategic reason for not putting on the alibi. he thought the alibi was too good. once a lawyer says that, it takes it out of the realm of ineptitude and becomes a strategic lawyer. >> narrator: ultimately they refused to find hendon had been ineffective. clive was still convinced kris was innocent and while preparing further appeals he came across the prosecution's files and discovered evidence he felt police and prosecutors apparently didn't want kris to have. >> i start going through it. i discovered the police knew kris had lost his gun before the murders took place...

Was having dinner. >> i was having dinner, i saw him walk in with a man, he pulled out a card and said you have been arrested for murder. i said what are you talking about? >> kris would be taken for interrogation and stark differences would emerge about aw what was said during that conversation. >> he said kris denied being in room 1215 while his fingerprints were all over the place. >> kris' fingerprints would only be significant if he denied being in the room to police. >> i told them i went to the hotel. i was in room 1215 for about an hour. >> then, he also said that kris denied ever havi...