>> the question was whether elmore was, in fact, mentally unstable. >> he was tested. and the state department of disabilities and special needs finds that edward lee elmore is mentally retarded. >> elmore's death sentence was commuted to life in prison. after nearly 28 years, elmore was finally leaving death row. [ screaming ] sorry, that's exactly what i did. i get mr. elmore on the phone. i say, eddie, you're going to be 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