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>> well, i don't know. >> do you think that makes a difference now that we know he is mentally retarded? >> no, not at all. >> in this case, this is just a constellation of problems. >> even though the judges seem to be raising some serious questions, i came out of the argument feeling negative about our prospects. i didn't think the court had much incentive to overturn his conviction. >> we didn't hear anything for month after month. 14 months went by. and then i get an e-mail in my inbox. heart stops. i start hyperventilating. i clicked on it, and the opinion is 190-something pages long. and...

>> not one photograph was taken where the hairs were supposed to be. does that make sense to you? >> well, i don't know. >> do you think that makes a difference now that we know he is mentally retarded? >> no, not at all. >> in this case, this is just a constellation of problems. >> even though the judges seem to be raising some serious questions, i came out of the argument feeling negative about our prospects. i didn't think the court had much incentive to overturn his conviction. >> we didn't hear anything for month after month. 14 months went by. and then i get an e-mail in my inbox. heart ...

Much incentive to overturn his conviction. >> we didn't hear anything for month after month. 14 months went by. and then i get an e-mail in my inbox. heart stops. i start hyperventilating. i clicked on it, and the opinion is 190-something pages long. and where is the good part? >> the most conservative appellate court in the nation had ruled 2-1 that elmore deserved a new trial. >> everyone in the death penalty community, what happened? we don't win like that, and not there. but we did. >> the state was reluctant to retry the case, knowing the evidence the defense had unearthed could implicate...

Much incentive to overturn his conviction. >> we didn't hear anything for month after month. 14 months went by. and then i get an e-mail in my inbox. heart stops. i start hyperventilating. i clicked on it, and the opinion is 190-something pages long. and where is the good part? >> the most conservative appellate court in the nation had ruled 2-1 that elmore deserved a new trial. >> everyone in the death penalty community, what happened? we don't win like that, and not there. but we did. >> the state was reluctant to retry the case, knowing the evidence the defense had unearthed could implicate...

>> we didn't hear anything for month after month. 14 months went by. and then i get an e-mail in my inbox. heart stops. i start hyperventilating. i clicked on it, and the opinion is 190-something pages long. and where is the good part? >> the most conservative appellate court in the nation had ruled 2-1 that elmore deserved a new trial. >> everyone in the death penalty community, what happened? we don't win like that, and not there. but we did. >> the state was reluctant to retry the case, knowing the evidence the defense had unearthed could implicate both police and prosecutors. so they offer...