that s the way i felt. narrator: smitty had now been found not guilty of a total of five murders. clive and tom warned smitty that the government wouldn t be happy about twice losing to a president of the outlaws. smitty was now squarely in their sights. sooner or later there was going to be another round. what form or format it was going to take he didn t know. i was saying, smitty, you know, you have a big old knock on your back, there are going to be a lot of people who are very angry about this. you just need to go off and get on with your life and do it as quietly as you can. narrator: clive and tom s predictions would come true when federal agents again arrested smitty, this time charging him in federal court for the exact same murders of which he had already been found innocent.
announcer: after smitty was exonerated, prosecutors dropped all charges against his alleged accomplice, a still-missing yankee. but smitty was now a marked man. after being acquitted for the murders in ft. lauderdale, i had people with badges saying that they were going to get me off the street one way or the other. announcer: a few months later, police told smitty he could come to the station house to pick up his personal items from the investigation. well, i m in the office signing for the property. i look up and i ve got about ten cops coming up behind me. i said, you got to be [ bleep ] me. announcer: for the second time in less than a year, smitty would be charged with murder and once again face the death penalty. building a better bank starts with looking at something old, and saying, really? so capital one is building something completely new. capital one cafes.
lunch time and ask the waiter what it was that judge shea was working, and the waiter said it was vodka tonic and he had been drinking a lot of them. so obviously the first thing he did was going to judge shea and tell him a bunch of liberal people were counting the number of drinks he was having. so judge shea came into court after lunch furious with me, and so he had come up with this plan, which was to announce that he was biased against smitty and that he was biased against us as his lawyers, so he took himself off the case, which, of course, was exactly what i wanted to happen. narrator: but even with a new judge, clive and tom knew they would have to discredit the government s witnesses, j.j. hall and karl holley. i said in court that hall and holley, were both of them facing the death penalty along with thousands of years in prison. so they re sitting there saying, hmm, on the one hand i get to
and three others would be murdered. my stomach dropped to the floor. my heart, everything. i really feel like everybody s life was taken because i told. smitty believes that bridget like jj hall and carl hawley got a deal in exchange for testifying against him. she got busted herself out in arizona and said she was driving a mercedes-benz 90 mile an hour, naked, and almost rear-ended an arizona state trooper. she had cocaine with her. i wasn t offered anything from the government. i decided to testify because smitty should not be out on the streets. he is a killer. despite bridget s testimony,
details that he was able to begin showing the fallacies and the falsehoods in his case, and i had never done an appeal of a capital case. it was terrifying. narrator: lorenzi knew he faced an uphill battle, so he enlisted the help of veteran appeals attorney clive stafford smith. i had worked on another capital case where i had needed a favor and tom lorenzi had very kindly helped me out. so when tom got roped into smitty s case, he called me back and i sort of owed him a favor. narrator: clive was concerned to learn that hard-line judge frank shea, notorious for fast tracking trials, would lead the proceedings. there was no way on god s earth that smitty was going to get a fair trial in front of judge shea. narrator: so clive came up with a risky plan to get judge shea removed from the case. i had someone follow him at