>> in fact, in the tony klann murder case marino was cited by the ohio supreme court for prosecutorial misconduct in the trial of joe's co-defendant, mike keenan. >> i gave a good closing argument. and i ended by taking this big bowie knife and stabbing it in the evidence desk. that's the prosecutorial misconduct that was alleged. and my argument is you're criticizing me for stabbing this knife in the desk when that was the knife that slashed this kid's throat when they murdered him. i said you think that's the balance that should overturn the case? well, it was. >> because of marino's antics, mike keenan received a new trial. but once again he was convicted and received a death sentence. by 2001 joe d'ambrosio had been on death row for over 12 years. his state appeals had all been