tv Death Row Stories CNN March 9, 2014 9:00pm-10:01pm PDT
9:00 pm
it's unfortunate that charlie has this gervais syndrome, but thank god we've got something now that's working. >> she's doing so great today. on this episode of death row stories, a white woman is brutally beaten. >> the crime scene was unbelievable. >> and a black man is arrested. >> his fingerprint was found. there were a number of hairs on the victim's bed. >> but after a death sentence, a law intern has her doubts. >> there was something wrong. i started seeing what the lies were. >> and the case begins to unravel. >> there are those that have a hidden agenda. >> is it a fair trial? >> corruption is the theme of the day almost.
9:01 pm
>> there was no way i would let this case go. >> there's a body in the water. murdered. >> many people proclaim their innocence. >> in this case there are a number of things that stink. >> the electric chair flashed in front of my eyes. >> get a conviction at all costs. let the truth fall where it may. >> good evening. welcome to carolina. tonight we're coming to you from the city of greenwood, a diverse city and one that has the distinction of having the widest main street in the world. >> greenwood is a very small community. everybody seems to know everybody. we're related to everybody here. it is very tight knit. so when the news came out about
9:02 pm
this horrendous murder, it was devastating. >> on a cold monday morning in 1982, the bruised and beaten body of 75-year-old dorothy edwards was discovered in this upscale home. >> dorothy edwards, she was just a loved woman in the community, and she had been horribly killed. >> dorothy was known as a graceful and charming woman with a beautiful singing voice and a wonderful sense of humor. [ sirens ] >> the next door neighbor, mr. holloway had noticed a couple of newspapers that had piled up, and he went over to check on her. >> on january 19th, 1982, inside the home, holloway told police he found signs of struggle everywhere. a heavy glass ashtray on the
9:03 pm
shattered on the living room floor. a pair of bloody ice tongs. dorothy edwards was found dead in her closet. >> the brutality of the crime scene, the blood, the way the body was and the stab wounds postmortem, it was just totally unbelievable. >> dorothy's body had 52 wounds, 11 broken ribs and abrasions on her vagina. >> the state forensic team gathered what evidence was inside the home. hair samples were found on the bed. blood in various places. outside there were some fingerprints. >> a crime scene wiped clean of fingerprints, police believe the killer made a mistake, a thumbprint found on the back door. dorothy's neighbor james holloway told police that edward lee elmore, a 23-year-old handyman worked for dorothy from time to time.
9:04 pm
although elmore had never been convicted of a felony, police matched his fingerprints from other misdemeanor arrests and issued a warrant to bring him in, accusing him of murder and rape, among lesser charges. greenwood police went looking for elmore 36 hours after dorothy's body was found. >> i was working second shift with the detective division and the call came in saying the suspect was at his girlfriend mary's apartment. i went up and knocked on the door. >> the encounter was not what detective vandenburgh expected. >> i told them that we had a warrant for his arrest. and i told him it was for murder. his demeanor at that time was so nonchalant. oh, okay. which is totally out of context for anybody i've ever dealt with before in a situation like that. no outburst or violent behavior. just, like, oh, well.
9:05 pm
>> police took hair and blood samples and placed them in the county jailhouse. even elmore's public defender had doubts about his innocence. >> many people will proclaim constantly their innocence and i cannot remember mr. elmore vociferously proclaiming his innocence. and i got the feeling that there might be something for him to hide. >> elmore's case came to trial only 82 days after his arrest. prosecutors say dorothy had been killed saturday night when elmore was alone and had no alibi. >> you want to find out whether or not mr. elmore had any alibis. and we found none. and mr. elmore, he was not very cooperative. he wouldn't hardly talk to me. >> police found small spots of blood matching dorothy's blood type on elmore's pants and shoes. >> back in the '80s, dna
9:06 pm
analysis had not been developed. when dna was available, it came back positive that it was the victim's blood. >> prosecutors also told the jury that dozens of elmore's pubic hairs were found on dorothy's bed. and finally, prosecutors presented james gilliam, a prison inmate who claimed to hear elmore confess while he was in jail. >> that came out of nowhere. that just rocked me. mr. rockmore told gil y578 that i went down there and robbed that lady, and she started screaming and i killed her. that was the lynchpin. >> the jury took less than five hours to reach a verdict. elmore was convicted and sentenced to death. but the conviction was overturned on appeal. >> there was one juror who was reluctant to impose the death penalty. and the trial judge went into the jury room and put pressure on the holdout juror to impose the death sentence. >> a new trial was ordered.
9:07 pm
same prosecutor, same defense attorneys, same outcome. a third trial was held to reconsider the sentence and again, the decision was unanimous. 36 jurors had determined that edward elmore should be put to death. ♪ 11 years later, a 34-year-old law student named diana holt came to the south carolina death penalty resource center as a summer intern. one of her first assignments was reviewing elmore's case. >> the first time i saw the name, i was reading through the transcript. >> diana started having suspicions that elmore's trials weren't fair. she was troubled that there were no expert witnesses and rarely challenged any of the prosecution's evidence.
9:08 pm
diana knew that a competent defense was grounds for an appeal. >> i felt like there was something wrong. i needed to meet eddie and give him an eyeball up and down. size him up. >> and who she met wasn't what she expected. >> meeting him, it is just there biggest sweetest smile, and he is so docile and gentle and quiet and happy. happy. how is he on death row and happy? it just didn't make any sense. there was no way i was going to let elmore's case go. ♪ ♪ ben! ♪ [ train whistle blows ] oh, that was close. you ain't lying.
9:09 pm
9:10 pm
[ children laughing ] move to the country, and live a long, happy life together where they almost never fight about money. [ dog barks ] because right after they get married, they'll find some financial folks who will talk to them about preparing early for retirement and be able to focus on other things, like each other, which isn't rocket science. it's just common sense. from td ameritrade. there's no substitute for advil. it's built to be as fast as it is strong and fights pain at the site of inflammation. advil has the strength and speed to help you move past pain. advil. make today yours. millions have traised their handast pain. for the proven relief of the purple pill. and that relief could be in your hand. for many, nexium helps relieve heartburn symptoms from acid reflux disease. find out how you can save at purplepill.com. there is risk of bone fracture and low magnesium levels. side effects may include headache, abdominal pain, and diarrhea. if you have persistent diarrhea, contact your doctor right away. other serious stomach conditions may exist.
9:11 pm
9:12 pm
>> will you trust god no matter how bad it looks. it's not bad as it seems because god is still in control. >> bishop emanuel spearmon was pastor to edward lee elmore, the man accused of murdering dr. dorothy edwards. >> i have come to know edward in the late '70s. i pastored his home church. and his mother and i were best of friends. they didn't have a whole lot. >> one of 11 siblings, elmore's father was killed by a hit-and-run driver when elmore was 2. he grew up in dire poverty. >> he had a low i.q. i was a special ed teacher so i
9:13 pm
knew that he was slow. when i went to greenwood jail and i spoke with him, he really didn't know why he was there. and that bothered me. >> a hard worker, elmore got by on odd jobs like cleaning gutters and washing windows, including for dorothy edwards. when dorothy was murdered, age old fears and recrimination surfaced in the community. >> i know race plays a role when it comes to the justice system. here in greenwood, there are those who still have their agenda, but it's a hidden agenda. >> i'm positive that race played in edward lee elmore's trials. make no mistake, i think that was because he was the black guy that they say killed an older white woman. >> searching through elmore's original trial, diana found potential grounds for appeal.
9:14 pm
her first target was public defender gettys anderson who seemed utterly unprepared to take on the case. >> i asked him, when did you start working on the case? eight days before the trail began. that's zero time. you can't even read all of the evidence and assess it and crunch it. >> in retrospect perhaps i should have asked for more time. i never have proclaimed to be the best lawyer that ever graced the courtroom. >> overworked and underpaid, mr. anderson also had a reputation as a drinker. >> that's fair. that's a fair accusation. i have had certain, i guess you could say problems with it but i can say this categorically. i was totally clear headed and not drinking during those trials. everyone of them. but on the other hand, you know, i would go out on occasion. i'm not as bad as i used to be. >> in contrast, william t. jones
9:15 pm
iii, known as willie t., was considered a master of the courtroom. >> willie t.'s track record spoke for itself. he lost very few. he was very dramatic. i've seen that man cry in front of the jury. mr. jones in the courtroom could probably outperform sir lawrence olivier. let's put it that way. >> he could overpower you, overcontrol you, and he was not beyond saying things that he couldn't prove if they weren't challenged. >> early in the first trial, anderson challenged jones by objecting that a single thumbprint was not enough to arrest elmore. >> in order to obtain an arrest warrant, the police obtain an upside down thumbprint on the back outside door frame. that's exactly consistent with cleaning the windows. cleaning the door. that is not probable cause in anywhere else in america that i'm aware of. but willie t. said, oh, well i'm glad you brought that up. the forensic pathologist let us
9:16 pm
know that she had located negroid pubic hairs on the chest victim's chest and abdomen. the defense shut their mouths and sat down. >> if elmore's hair had in fact been found on the body, this was a new and explosive claim, a claim that went unchallenged by geddes anderson. >> did you ask to see that evidence? >> you would have to look at the transcript to see. i don't know if i did or not. >> according to the transcript, you did not ask to see that evidence. why would you not have asked to see that evidence? it seems like pretty important. >> well, i don't know how to answer that. i guess you'll have to take some nonanswer to that question. >> mysteriously, the pubic hair willie t. said was found on the dorothy's body was never entered into evidence. as opposed to the hairs on the body, a separate group of 59
9:17 pm
pubic hairs said to be found on dorothy's bed also raised diana's doubts. >> a lot of people saw the some 49 pubic hairs allegedly collected from the victim's bed as the most damaging evidence against mr. elmore. but this item of evidence was a plain baggy like put your kids' sandwiches in when you're packing their school lunch. not sealed with red evidence tape that says evidence, do not tamper. this did not have that on there. >> evidence the bag contained 49 hairs. a number diana found suspiciously close to the number of hairs police pulled from elmore after his arrest. >> there was from what i understand about, 50 to 60 hairs that were collected, either being combed or pulled. >> but if elmore's hair had been found at the crime scene of the nearly 100 crime scene photographs, not a single photo showed hairs on the bed. >> any kind of evidence you collect at a crime scene, the first thing you do is photograph it.
9:18 pm
>> there was no pictures of the hair on the bed. there was pictures of everything except the most crucial evidence in the case. so it became obvious to me something wasn't quite right. >> the only photo of the bed shows it covered with police camera equipment, contaminating any evidence. the question became, where did the hairs in the baggy come from? >> there was no question they pulled those hairs from his body. they pulled a lot of them. and i don't think they were ever on the bed. i believe it was planted. >> diana was starting to see a pattern. >> there was all this ineffective assistance of counsel. there was no basis for probable cause to arrest mr. elmore anyway, and there was no list of negroid pubic hairs in the police inventory. there was no item like that. >> as diana dug deep entire the case, a new suspect began to emerge. she thought the next door neighbor who discovered dorothy's body had acted suspiciously.
9:19 pm
>> really? he put his gloves on before he went to open the door? that grabbed me right away. so our business can be on at&t's network for $175 a month? yup. all 5 of you for $175. our clients need a lot of attention. there's unlimited talk and text. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line, anytime, for $15 a month. low dues, great terms. let's close! new at&t mobile share value plans our best value plans ever for business. and a hotel is the perfect place to talk to you about hotels. all-you-can-eat is a hotel policy that allows you to eat all that you can. the hotel gym is short for gymnasium. the hotel pool is usually filled with water. and the st dot com for booking hotels, is hotels.com. it's on the internet, but you probably knew that.
9:20 pm
or maybe not, i don't really know you. bellman: welcome back, captain obvious. captain obvious: yes i am. all those words are spelled correctly. so i get invited to quite a few family gatherings. heck, i saved judith here a fortune with discounts like safe driver, multi-car, paperless. you make a mighty fine missus, m'lady. i'm not saying mark's thrifty. let's just say, i saved him $519, and it certainly didn't go toward that ring. am i right? [ laughs ] [ dance music playing ] so visit progressive.com today. i call this one "the robox."
9:22 pm
in order to get a new trial for edward lee elmore, diana needed to find grounds to appeal when she finally read what elmore said in the original trial, she felt more determined than ever to fight back. >> i started reading eddie's testimony and it got me, yeah. and the more it went along, the more it got me. >> i remember when he was cross examining.
9:23 pm
because for a long time, edward didn't say anything or testify. he just sat there as if, why am i here? why i am a going through this? >> you want this court to believe you're always this quiet, don't you? >> well, sir, you asked me something, i answered. >> you want them to believe you're real quiet and polite. yes, sir, no, sir. isn't that right? >> no, sir. >> edward didn't understand what he was talking about. he didn't understand how to defend himself or what to say. >> why did you hit her with this ashtray in. >> i didn't hit her with it. >> why did you stick her with this knife? >> i didn't stick her with no knife, sir. >> tell us how it felt when she reached down and jerked these pubic hairs out of you. it hurt, didn't it? >> she didn't jerk them off me. i was not there. >> she tried to get off the bed and get out of there. >> i was not there. >> and you caught her and started pounding her with your fist. >> no, sir. >> stomach and all. >> no, sir. >> did you kick her? >> no, sir. i wasn't there.
9:24 pm
>> that's all i have to ask you. >> in his closing argument to the jury, willie t. portrayed elmore as a sadistic killer who tortured his victim before beating her to death. but diana thought that the depiction of elmore was highly prejudicial and the evidence riddled with holes. she also thought elmore had done well under the circumstances. >> even under withering prosecution by brilliant willie t., mr. elmore said what he always said, i didn't do it. >> in order to solve the mystery of who did murder dorothy edwards, diana began looking for alternate suspects and she found one in the neighbor who discovered the body, james holloway. >> i read the testimony of james holloway and my head just about spun off my little spindly neck. wow! >> holloway had spent an unusually long period of time at the crime scene before calling the police.
9:25 pm
>> he goes inside dorothy edwards' house. he sees that wall of blood for the first time, but he doesn't call police. he decides that he is going to go to the other side neighbor and get her to come in the house with him. so he is at the closet door again and he decides to put gloves on. and then opens the door and lo and behold, there she was. really? he put his gloves on before he went to open the door? >> diana was also suspicious that holloway immediately told police who the perpetrator could be. >> he told law enforcement, you know, there was a boy here a couple weeks back who washed her windows. and if you get me her checkbook, i can get his name for you. and that was edward lee elmore. that boy. >> even more surprising was that the police allowed holloway, a possible suspect, to clean the crime scene the day after
9:26 pm
dorothy's body was found. >> law enforcement turned the crime scene over to jimmy holloway to clean up. he could do whatever he wanted in there. there was no law enforcement presence watching what happened. there was no preservation of the crime scene. >> diana needed answers so she drove 90 miles to greenwood, south carolina, and showed up unannounced at james holloway's front door. >> mrs. holloway answered the door. she led me into the den and she he was sitting on his big overstuffed recliner. so i introduced myself, and he proceeded to tell me, well, you know, really, the only one who could kill her and get away with it was me, the way she trusted me.
9:27 pm
that was one of the toughest moments in my career of not reacting. holy -- he also told me that law enforcement suspected him because all of the neighbors had told law enforcement that he and dorothy had been having an affair for the last 30 years. he told me that dorothy was supposed to go out of town that weekend because she claim this guy in tryon, north carolina was going to propose to her that weekend. but somehow she did not get to go on that trip to north carolina that weekend. >> diana realized if holloway was having an affair with dorothy, the motive could be jealous. and holloway's detailed description of what might have happened also raised a red flag for diana. >> he then starts telling me the story of what happened in her house, as though he were an eyewitness. she was just sitting there on her settee watching tv. he came in and he started on
9:28 pm
her. it took her a good 20 minutes to die. he just went on. and you didn't -- and there wasn't any nudging or prompting. he was relishing talking about all of the things. it was a gully washer of dumb foundedness that day. >> diana's suspicions about james holloway were never pursued. he passed away in 1994. >> by 1995, elmore had been on death row for more than 13 years. and he had seen many of his fellow inmates put to death. elmore's survival would now depend on hdiana getting him a new trial. she would start 98 days after passing her bar exam. but in time you realize the better you eat,
9:29 pm
the better you feel. these days we both eat smarter. and i give jake purina cat chow naturals. made with real chicken and salmon, it's high in protein like a cat's natural diet. and no added artificial flavors. we've come a long way. and whatever's ahead, we'll be there for each other. naturally. purina cat chow naturals. but when we start worrying about tomorrow, we miss out on the things that matter today. ♪ at axa, we offer advice and help you break down your insurance goals into small, manageable steps. because when you plan for tomorrow, it helps you live for today. can we help you take a small step? for advice, retirement, and life insurance, connect with axa. for advice, retirement, and life insurance, thmortgage didn't start here. it began on her vacation in europe
9:30 pm
on the day she arrived in london. someone set up a bogus hotspot, stole her identity and opened some credit cards in her name. but she's not worried. checking her credit report and score at experian.com allowed her to better address the issue... ...and move right in. experian. live credit confident.™ then a little time to kick back. earn double hilton honors points with the 2x points package and be one step closer to a weekend break. doubletree by hilton. where the little things mean everything.
9:31 pm
doubletree by hilton. to nbcuniversal's coveragens of the biggest loser olympic winter games ever, with the most coverage of the most events on every device. and the most hours of streaming video on the nbc sports live extra app, including the x1 platform from xfinity. comcast was honored to bring every minute of every medal of nbcuniversal's coverage
9:32 pm
to every screen. so what's next? rio 2016. welcome to what's next. comcast nbcuniversal. by 1995, diana was ready to present evidence pointing to edward elmore's innocence. to a state court in south carolina. the goal was to get a new trial for elmore. diana would be joined by chris jensen for what would be her first hearing as a lawyer. >> she was very fierce. she had not the slightest doubt about eddie elmore's innocence. she was determined to make sure that i did my job. >> the state was represented by
9:33 pm
donald zelenka, who reportedly once argued that women who had abortions in the third trimester could be executed for murder. and elmore's fate would be decided by judge earnest kinnard. one of the first witnesses called was james gilliam, the inmate who said elmore confessed to him in jail. but in the small town of greenwood, both elmore and gilliam new bishop spearman. and before the hearing, gilliam told spearman the truth. >> james gilliam and i go back i guess all our life. one night he called me and he told me i lied and my conscience is bothering me. >> gilliam said he made a deal with the prosecutor to testify against elmore in exchange for release from prison. but with elmore facing the electric chair, he felt bad what he had done. >> i said james, make it right. and i got excited. i felt like once this comes out that ed would be free. >> gilliam said the testimony
9:34 pm
that i gave in these prior trials was false. that he made up this story to try to get better treatment for himself on his criminal sentence. >> gilliam would go on to state that the only thing elmore had ever said was that he didn't kill dorothy edwards. but diana's team also felt they needed to refute dorothy edwards' time of death which the medical examiner had placed on saturday night during the only hours elmore had no alibi. diana hired forensic expert jonathan arden. >> in my opinion the victim died in the early afternoon on sunday. that time frame makes sense with the rigor mortis, the lack of decomposition. but when the state medical examiner was asked, why did you recommend the time of death be 65 hours prior to the time of discovery, given all the evidence of the rigor mortis, the lack of decomposition, she said under oath, because that's when they told me.
9:35 pm
the police told me that's when they thought it happened. >> but even with all the evidence in elmore's favor, diana and jensen knew the biggest hurdle would be explaining the blood on elmore's pants to the court. >> blood that was supposedly found on pants and shoes matched the blood type of mrs. edwards. and this was very difficult testimony to rebut. >> as jensen cross-examinationed the state's blood evidence, diana went through the testimony and made a key discovery. evidence lists showed elmore's pants had passed through eight different people before the trial. >> i jumped out of my chair. i start whispering to chris jensen, ask him what this means and who these people are and what that is supposed to represent. >> one name on the list jumped out at diana. thomas henderson was a state police agent who grew up across the street from dorothy edwards and james holloway and was friendly with both. >> tom henderson had nothing to do with forensic investigation at all. nothing.
9:36 pm
he wasn't supposed to be involved in the case anyway because these were people he knew his whole life long. >> there was really no reason for him to have removed these things from the laboratory. we were arguing that this evidence had in all likelihood been tampered with and quite conceivably that mrs. edwards' blood had been put on the garments. >> it would now be up to the judge to rule whether or not elmore deserved a new trial. the decision would take four months to come down. >> we presented all this great evidence. we're very excited. we're stoked. then comes the judge's order and the cover letter said edward lee elmore may well not be guilty, but that will be for an appellate court to find. >> judge kinnard had left elmore's fate up to other judges to decide.
9:37 pm
>> i became literally became hysterical. completely sobbing, running, i threw it at john blum. what the hell is the matter with you? >> john blume had assigned elmore's case to diana as an intern. >> i was stunned. i had really expected that he would grant relief because they had presented a compelling case of mr. elmore's innocence. >> diana was discovering that proving mr. elmore's innocence was not enough. to get a new trial, elmore's team would have to prove that elmore's constitutional rights had been violated. >> a person can be innocent but as long as they get a fair trial, that's all they're entitled to. well, that begs the question. is it a fair trial if somebody has lied? >> diana's team immediately appealed judge kinnard's decision to the south carolina supreme court. but in the meantime, the state prosecutor, donald zelenka had
9:38 pm
discovered that diana had a secret that if exposed could destroy her career and damage elmore's case. he would soon call her to a deposition. >> donald zelenk asked have you ever done anything in the course of your life that would reflect poorly on the legal profession? and i said yes. company became big business overnight? ♪ like, really big... then expanded? ♪ or their new product tanked? ♪ or not? what if they embrace new technology instead? ♪ imagine a company's future with the future of trading. company profile. a research tool on thinkorswim. from td ameritrade. a research tool on thinkorswim. [ mawhile a body in motionat restends to stay in motion... staying active can ease arthritis symptoms. but if you have arthritis, this can be difficult.
9:39 pm
prescription celebrex can help relieve arthritis pain and improve daily physical function so moving is easier. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, like celebrex, increase the chance of serious skin or allergic reactions, or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives, other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing.
9:40 pm
tell your doctor your medical history. and ask your doctor about celebrex. for a body in motion. ...and let in the dog that woke the man who drove to the control room [ woman ] driverless mode engaged. find parking space. [ woman ] parking space found. [ male announcer ] ...that secured the data that directed the turbines that powered the farm that made the milk that went to the store that reminded the man to buy the milk that was poured by the girl who loved the cat. [ meows ] the internet of everything is changing everything. cisco. tomorrow starts here. the intemillions havething raised their handything. for the proven relief of the purple pill. and that relief could be in your hand. for many, nexium helps relieve heartburn symptoms from acid reflux disease.
9:41 pm
find out how you can save at purplepill.com. there is risk of bone fracture and low magnesium levels. side effects may include headache, abdominal pain, and diarrhea. if you have persistent diarrhea, contact your doctor right away. other serious stomach conditions may exist. avoid if you take clopidogrel. for many, relief is at hand. ask your doctor about nexium.
9:42 pm
while edward lee elmore sat on death row, waiting for his appeal to move forward, diana holt took on other death penalty cases. in one she was able to get a last-minute stay of execution over the on jections of a assistant attorney general donald zelenka. zelenka was determined to discredit diana. he dug through her past looking for anything to get her off the case. in april 2000, he called her to a deposition. >> it was at the attorney general's office. there were six attorneys across the table from me and all of them lined up like this. looking. donzel lenka asked have you ever done anything in the course of your life that would reflect
9:43 pm
poorly on the legal profession? and i said yes. >> diana feared that if her story became public, it would ruin her reputation and destroy elmore's chances for a new trial. in 1975 at the age of 17, diana ran away to new orleans with a few friends. >> it was a horrible time. my sister had been taken away by the state of texas. it had to do with sexual abuse that i suffered. i was 17. i didn't know how to deal with stuff like that. so i left. i met these three people. went to new orleans with them and after a little bit, i wanted to go home. i didn't have any money and there was a plan. so i went to the french quarter, started talking to this guy. and the ruse was that i would
9:44 pm
exchange sex for money. we left bourbon street together, got in his car and one of the two guys came in. he got on the passenger side. i was scrunched in the middle. >> diana's friend pulled a gun and demanded money. the driver gave them $60. they jumped out of the car and ran. >> made it about three blocks. pulled over by the new orleans police department, up against the wall. the victim was a u.s. marshal. it's like dumb and dumber a little bit. what do you expect from an air head 17-year-old. i pled guilty to armed robbery and off i went to the louisiana correctional institute for women. one day, the prosecutor in my case came to the prison to visit and he said, i just want you to
9:45 pm
know that you don't have to be what you did that day, and you can make it, and you can be somebody. and i'm still -- why wouldn't every prosecutor want to do that? >> diana began studying in the prison's law library, researching cases of fellow inmates and sending letters to the presiding judges. she even had one woman's sentence reduced. >> doing the few things that did that made an impact, i want more of that. i want to do more of that. i want to help people like that. >> a model prisoner, diana was released in 1977 with a full pardon. the whole episode became a
9:46 pm
distant memory until donald zelenka confronted her with it nearly 25 years later. >> i was like, you know what? you opened the door. i'm walking through it. let's do this. i'm going to tell it all. not just the part you want to hear. >> but the judge in the case, visibly disgusted by zelenka's tactic disallowed the deposition. diana could continue her fight for elmore's life. at elmore's trial, prosecutor leonard t. had claimed that negroid hair had been found on the body. when the petition had asked to see the hair it had gone missing. now 16 years later, the hair suddenly turned up. >> the prosecution has an obligation to turn over to the defense anything which is favorable. in this case, they didn't do it at the time of trial. >> as it turns out, none of the hairs were negroid at all. they were all caucasian hair, and they did not belong to mr. elmore. >> and that should be sufficient to warrant a new trial.
9:47 pm
>> we got all excited. asked for the judge to set a hearing. it was december 20th or 21st. we were going to have christmas beyond all christmases. >> on december 21st, 2000, a new hearing was held. if a new trial were to be granted, elmore could be released on bail and join his family for the holidays after more than 18 years on death row. >> all rise. >> judge ernest kinnard again presided, the same judge who hat stated that elmore may well not be guilty. >> lab corps has sent us a report indicating there are hairs from someone other than dorothy edwards and there were no hairs of anyone of african-american descent. >> he acknowledged the evidence should have been given to the defense but argued only one of the hairs had sufficient dna to read. >> we do not dispute the
9:48 pm
materials recovered from the victim's body at the time of the autopsy. one hair, not hairs. one hair. >> it was merely another hair in the bedroom. of mrs. edwards. this is a completely different case than what the jury heard. in the final analysis, the question really is if not now, when? if this is not enough to grant somebody a new trial, then when is post conviction relief ever appropriate? >> unexpectedly, rather than adjourn and read the filings before ruling, the judge issued his decision on the spot. >> all motions are denied. >> the judge said, one hair is not enough. i'm out of here. >> in this case, there are a number of things that stink and if you look at it as a whole, it doesn't just stink, it wreaks. >> an execution date was set for elmore. he was placed in a high security lockdown cell while awaiting his
9:49 pm
date with the electric chair. now a mere three weeks away. >> i tried my hardest to get him ready for it. and he called me one day and he said, are they going to kill me? i think i told him in the most simple terms i could tell him that they were going to have to take me out first. ] she won't remember this, being carried in your arms. but after a day spent in the caribbean exploring mayan ruins and playing pirates with you in secret coves, she won't exactly be short on memories. princess cruises. come back new. [ female announcer ] plan your seven-day cruise from just $549. call your travel agent
9:50 pm
or 1-800-princess. call your travel agent so i tried depend and it made the difference between hearing about my daughter's gym meet, and being there. yeah! nailed it! unlike the bargain brand, depend gives you new fit-flex®, our best protection. it's a smooth and comfortable fit with more lycra strands. hi sweetie! get your free sample at depend.com. hey, buddy? oh, hey, flo. you want to see something cool? snapshot, from progressive. my insurance company told me not to talk to people like you. you always do what they tell you? no... try it, and see what your good driving can save you. you don't even have to switch. unless you're scared. i'm not scared, it's... you know we can still see you. no, you can't. pretty sure we can...
9:52 pm
to nbcuniversal's coveragens of the biggest loser olympic winter games ever, with the most coverage of the most events on every device. and the most hours of streaming video on the nbc sports live extra app, including the x1 platform from xfinity. comcast was honored to bring every minute of every medal of nbcuniversal's coverage to every screen. so what's next? rio 2016. welcome to what's next. comcast nbcuniversal.
9:53 pm
after 22 years on death row, edward elmore was in lockdown, a special holding cell for inmates awaiting execution. with only 23 days to go, diana filed a last-minute appeal and got a stay of execution. but this was only a temporary solution. if elmore was to survive, they would need a new strategy. >> the supreme court issued a landmark death penalty decision. >> and a supreme court decision from 2002 gave them an opportunity. >> in a stunning reversal of
9:54 pm
course, the u.s. supreme court ruled executing mentally disabled criminals is unconstitutional. >> the question was whether elmore was in fact mentally disabled. >> he was tested. and the state department of special needs finds that edward lee elmore is mentally retarded. >> elmore's death sentence was commuted to life in prison. after nearly 28 years, elmore was finally leaving death row. [ screaming ] sorry, that's exactly what i did. i get mr. elmore on the phone. i say hey, you're going to be leaving death row. i'm not going to die? no, well, not there. >> elmore's life had been spared. but diana hadn't fought for years to see elmore die behind bars. her team had one last hope to get him a new trial. the u.s. 4th circuit court of appeals would be the highest court ever to hear elmore's case.
9:55 pm
>> the 4th circuit has the reputation of being the most conservative federal appellate court in the country. so we felt our chances of prevailing were very slight. >> in yet another face-off with donald zelenka, the court's circuit three-judge panel heard oral arguments in september of 2010, and remarkably, they came down hard on zelenka. >> the time of death, we were locking it down because the defendant was seen at 9:30 headed that direction. >> locking down the time of death based on what his alibi was. i thought you locked down time of death by science. >> the judges have moral righteous indignation in their voices and what they're saying. >> you put in evidence there was hairs found on the bed there was a big part of the conviction? >> yes, it was. >> 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
9:56 pm
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 both police and prosecutors. so they offered elmore a plea bargain. >> and the prosecutor asked is there anything short of outright dismissal of all charges that we
9:57 pm
can do to settle this matter? and i said in fact there is. he goes free at the bond hearing, and he is going to continue to say the truth he said all of these years, i'm innocent. and the prosecutor said okay. >> but the plea required that elmore say in open court that the state could likely prove their charges against him at a trial. it wasn't the exoneration they were hoping for, but it would mean freedom. >> new tonight, he was once on death row. now he is a free man. after 30 years, edward elmore was released from prison today. >> oh, thank the lord. give me a minute. i'm a little overwhelmed right now. just so excited, i couldn't hardly speak. locked up all them years something i didn't do, and comes along, she believed in me.
9:58 pm
>> were you afraid of dying? >> not in a way, but like i say, i knew the truth would eventually come out, right. that's kept me going. it kept my faith right, and just taking it one day at a time. that's all you can do, you know, and hope and pray that everything come out all right. >> mr. elmore had been incarcerated for 11,000 days. the judge told mr. elmore that he had exhausted his sentence and he was free to go. you are free to go, mr. elmore. >> we could walk him out that door of the courtroom and down those steps as a free man. and that was -- i'm sorry. that was the best moment of my life as an attorney.
9:59 pm
>> elmore moved back in with his sister, and has begun the process of adjusting to a world very different from the one he left. >> so much had changed, you know, since -- trying to get used to everything. still trying to adjust to things. it's so technical, right, phones and computers and all that stuff. it's really, really hard. i'm trying to learn how, you know. i'm trying to cope with it. >> eddie's case taught me a lot of things about our justice system. it taught me to be distrustful, skeptical. geography can make the difference. money, of course. gender, of course. race is the one that is just a dagger to the heart. but it also taught me to never give up on it. that even 30 years later, someone will listen. as long as you don't give up, justice is possible.
10:00 pm
you want to see america, you come to its heartland. and what is the capital of that heartland? chicago. >> everybody. >> they call it a blue collar town because you work hard, you play hard and you show up the next day. >> chicagoans do not put up with the bull -- >> there's no city like chicago. then you start coming out into the neighborhoods and it's a little different. >> come on, hurry up. >> my world is all about living in people's worst nightmares. >> this is just like a third world country. >> i look at myself as a parent of hundreds of kids. >> get out of the street! >> why are you crying?
77 Views
Uploaded by TV Archive on