when clive finally got the chance to appeal kris' case in 1995, he immediately set out to talk to the alibi witnesses who were never called at the trial. >> i talked to the alibi witnesses who were very convincing, they say it was true. kris was not at the dupont plaza hotel that day because he was with us. he was in ft. lauderdale. >> but kris' alibi fell on deaf ears, the courts only concerned with whether or not he received a fair trial. >> i am just saying the facts are wrong. most of it is about what people discouragingly call legal technicalities. >> but clive did have an opening. if he could show the representation was ineffective, he could open the door for a new trial. then kuehne worked on the trial.