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He would cross examen hendon. >> he was over his head and needed help in a case of this magnitude. and kris has suffered the consequences as a result of his lawyers' errors. >> but hendon needed to admit under oath that he made mistakes and when ben asked him why he didn't present kris' alibis, he told the court, it appeared to me that these were alibi witnesses who had been sought out. it seemed all too convenient. in other words, hendon didn't believe any of kris' alibis. >> how is one lawyer going to be the judge of a witness that could be the key to a not guilty verdict? that's not a decis...

Tune for kris' lawyer to call for a mistrial. with the new trial, hendon would know the prosecution's arguments ahead of time. without a new trial, the judge replacing mousey could face deciding a death sentence without hearing all the evidence. >> i wanted a new trial. but hendon's advice was not to ask for a mistrial. >> he said they would just go on with the trial because he felt they made headway and they had a good jury. >> why would they do this? >> probably the main motivation was he was on a set fee. and you're going to have to start over and that cuts into your fee. >> hendon claimed ...

For a mistrial. with the new trial, hendon would know the prosecution's arguments ahead of time. without a new trial, the judge replacing mousey could face deciding a death sentence without hearing all the evidence. >> i wanted a new trial, the advice was, not to ask for a mistrial. >> he said they would just go on with the trial because he felt they made headway and they had a good jury. >> why would they do this? >> probably the main motivation was he was on a set fee. and you're going to have to start over and that cuts into your fee. >> hendon claimed he had worked hard on behalf of his cl...

The skin off my forearm. >> i just couldn't believe my head. i was shocked. >> it is not often in a capital case you get six alibi witnesses putting your client somewhere is. one is, did the lawyer not put those on? >> i have never wanted to hit another human being, physically attack another human being like i did that day with eric hendon. >> the jury responded to hendon's strategy by returning guilty verdicts for two first degree murders. they would also vote whether or not to recommend the death penalty and with florida being the only state where a simple majority is needed in sentencing, t...

And would cross examine hen don. >> he needed help in a case of this magnitude. and kris has suffered the consequences as a result of his lawyers' errors. >> but hendon needed to admit under oath that he made mistakes and when ben asked him why he didn't present kris' alibis, he told the court, it appeared to me that these were alibi witnesses who had been sought out. it seemed all too convenient. in other words, hendon didn't believe any of kris' alibis. >> how is a judge going to be the witness to the key, that is not a decision for a lawyer to make, not with the stakes this high. >> hendon ...