with a new trial hendon would know the prosecution's arguments ahead of time. without a new trial, the judge replacing mousey could face deciding the death sentence without hearing all the evidence. >> i wanted a mistrial. hendon, to me, my advice isn't to ask for a mistrial. >> he said they would go on with the trial because he felt they had a good jury and he'd made headway. probably the main motivation was he was on a set fee. you're going to have to start over and that cuts into your fee. >> hendon would maintain he worked hard on behalf of his client, but letting the trial continue seemed an unusual choice and the jury would go on to hear six days of testimony. all directed against kris. neville butler testified about the graphic details of the murders he said he'd watched kris commitment geddes told prosecutors kris asked him to fabricate an alibi. detective john buhrmaster said kris tried to cover up the crime during his interrogation. when the case was finally turned over to the defense, hendon's judgment would, again, come into question. >> he said to

. >> but hendon needed to admit under oath that he made mistakes and when ben asked him why he didn'tlibis, 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 said he thought he had a strategic reason for not putting on the alibi, he thought it was too good. now it becomes out of the realm of his work. >> ultimately the court agreed with clive and ben, refusing to believe that hendon had been ineffective. clive still believed that kris was innocent and while looking through files, he discovered evidence that he believed police and prosecutors didn't want kris to have the evidence. >> i found out kris had lost his gun before the murders had taken place. i discovered kris told them from the very beginning he had been in the room. so there was an explanation. >> clive had also seen photos belonging to the moo youngs. the