but that will be for an appellate court to find. >> judge kinard had left elmore's fate up to other judges to decide. >> i became literally hysterical, completely sobbing. running, i threw it at john blume. 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 elmore's innocence was not enough. to get a new trial, elmore's team would need 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?