ben kuehne also worked on kris' appeals and would cross-examine eric hendon. >> eric hendon was over t that time. he needed help in a case of this magnitude. and kris suffered the consequences as a result of his lawyer's 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 as if 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 the credibility of a witness who could be the key to a not guilty verdict? that's not a decision for a lawyer to make. not with the stakes this high. >> hendon said he had a strategic reason for not putting on the alibi, he thought the alibi was too good. now, once a lawyer says that, and it takes it out of the realm of the lawyers ineptitude and becomes a strategic decision by the lawyer that the courts won't second-guess. >> ultimately the court agreed with clive and ben, refusing to find that eric hendon had bee

he didn't answer me. >> eric hendon's defense case for kris would consist of only nine words. >> ericd up and said, "your honor, the defense rests." eric didn't call a single witness. nothing. i thought kris was going to rip 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, the vote of death passed by a count of 7-5. the judge who replaced mousey agreed. kris would be sentenced to die in the electric chair. >> kris fainted. kris hit the floor. passed out completely. >> when the verdict took place, i was found guilty, i thought this can't be -- re