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Had drained out of his face and he said the district attorney's office had pulled the deal. >> we thought john was walking out of jail the next day. this was five days before the trial was to start. and the d.a. said no deal. we go to trial. >> as it turned out the victim's family had learned of the plea deal and voiced their objections to the district attorney. >> michael and i go to the prison and he put on a very brave face. he said i didn't want that plea, it was going to hang over my head for the rest of my life. i didn't want to do this. you guys are going to win this case but we just lo...

Please dig it up for me. and she did. the hospital records showed that thompson had blood type o. >> it was a smoking gun that demonstrated that thompson was innocent of the carjacking beyond question. and there's no question that the prosecution had clear obligation to turn over evidence that's favorable to the defense. >> the carjacking victims had clearly misidentified thompson. >> eyewitness testimony is so unreliable. and the more traumatic the event is that they witnessed, the more likely it is they're going to be wrong in their recollections and their identifications. >> with clear evid...

I said yes. we hugged, we were ecstatic. >> as michael and gordon began preparing for the retrial, they got an unsolicited offer from the d.a.'s office, harry connick senior had retired and the new d.a. ran for office on an anti-corruption campaign. now, he wanted to make a deal. >> the district attorney's office was not eager to go and try this case again, based on the evidence as it then existed. john could plead to some lesser offense and be immediately released from prison. >> i'm like, hell no. i'm not pleading guilty to nothing. after all this stuff we proved, these people are still tryi...

To stand trial with a risk of spending the rest of his life in prison. >> on the morning of may 7th, 2003, john thomson stood before the same judge in the same courtroom where he had been sentenced to death 18 years earlier. michael and gordon had a problem. they couldn't attack the damaging testimony of kevin freeman, the man they believed murdered ray liuzza. >> he was shot dead in 1995 while committing a robbery. >> with freeman dead, his previous testimony stood as evidence that thompson had committed the liuzza murder. >> we had all this evidence that freeman had lied in his original test...

Terms we could jump in the lake. so we filed a lawsuit against the new orleans district attorney's office. >> they proposed a settlement of $500,000 hoping to get half that amount. >> under the united states constitution, prosecutors are required to give the defendants evidence is that is favorable to the defense, and these prosecutors did not. >> your job is to prosecute the guy and seek a conviction. that's your job. >> ada bruce whittaker received the blood report showing thompson didn't commit the carjacking. in a deposition, michael asked him if the prosecutors were obliged to disclose ev...