>> i find in the prosecution file ordering kris sentenced to death days before the sentencing hearing. they were written by the prosecutors, because it said js k. >> in allowing prosecutor john kastrenakes to set his death sentence, he ultimately allowed him to impose the death sentence at the sentencing phase of trial. >> the judge asked the prosecutor would you prepare a proposed sentencing order imposing the death penalty before the sentencing had been completed? anybody in the world would say what? that is not allowed. >> the evidence was enough to vacate kris' death sentence, he would no longer be scheduled to die in the electric chair. but kris was far from a free man. clive and ben would now argue for a more lenient sentence for kris in front of a judge and jury who could once again