is the accused, david swain, guilty or not guilty?ty. >> guilty of first-degree murder. the sentence, 25 years. >> how do you face that kind of time? >> one day at a time. >> give me a quick thumbnail of what you're cell was like. >> six by 10, a couple of bunks, a commode, a sink. a couple of bars in the window. >> bugs? >> the bugs were the easy part. it's the rats and the animals and all the other things. those are the hard parts. >> david swain settled back into the misery of prison life. his only comfort was a prospect of an appeal. >> did you think you have a ghost of a chance? >> i did. this wasn't a fair trial. >> almost two years after his guilty verdict, david swain returned to court. a three-judge appellate panel listen to more than three hours of oral arguments and then did something no one anticipated. >> the head judge ends at all by looking at me and saying, mr. swain, you are free to go. you know, obviously, my mouth dropped a little bit and i'm in shock again. so i just sit there for 15, 20 seconds, and the bailiff gu