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by 1995, diana was ready to present evidence pointing to edward elmore s innocence to a state court in south carolina. the goal was to get a new trial for elmore. diana would be joined by chris jensen for what would be her first hearing as a lawyer. she was very fierce. she had not the slightest doubt about eddie elmore s innocence. she was determined to make sure that i did my job. the state was represented by donald zelenka, who reportedly once argued that women who had abortions in the third trimester could be executed for murder. and elmore s fate would be decided by judge ernest kinard. one of the first witnesses called was james gilliam, the inmate who said elmore confessed to him in jail. but in the small town of greenwood, both elmore and gilliam new bishop spearman. and before the hearing, gilliam told spearman the truth. james gilliam and i go back i
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leaving death row. i m not going to die? no, well, not there. elmore s life had been spared. but diana hadn t fought for years to see elmore die behind bars. her team had one last hope to get him a new trial. the u.s. 4th circuit court of appeals would be the highest court ever to hear elmore s case. the 4th circuit has the reputation of being the most conservative federal appellate court in the country. so we felt our chances of prevailing were very slight. in yet another face-off with donald zelenka, the court s circuit three-judge panel heard oral arguments in september of 2010, and remarkably, they came down hard on zelenka. the time of death, we were locking it down because the defendant was seen at 9:30 headed that direction. locking down the time of death based on what his alibi was. i thought you locked down time of death by science. the judges have moral righteous indignation in their voices and what they re saying. you put in evidence there was hairs found on th
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