the evidence had been overlooked, critical witnesses like bus aide sherri hagerman were never called.that particular bus aide was never in called by you? >> yes. >> why didn't you? >> i can't tell you why i didn't. probably in hindsight i would want to do that. >> if it turns out that her being cleared on these charges is based on ineffective counsel, are you okay with that? >> yes. as an attorney, i practice law, and when i make a mistake, i'll admit it. and i'll try to rectify an injustice that's done, because that's my job as a defense attorney. >> but petitioning for a new trial will take time, maybe years, and even then the innocence project lawyers could not guarantee success. nancy's family was not sure how much longer she could hang on. >> i had went to visit her and it was actually one of the hardest ones, almost like she couldn't take it anymore. >> it was during that prison visit in 2007 that nancy smith and her daughter, amber, hatched an audacious plan to get her out. >> i wasn't going to give up, but i didn't know where it was going to take me. >> coming up, he helped pu