Smith then says she has selected Jones.
The defense attorney, Kenneth Elias, died in 2013.
The right person was convicted, according to one of the police investigators in the case, who's now retired.
Elias appears to have missed another opportunity presented by the case records -- the inconsistencies between eyewitness testimony and the size of the man they convicted.
Of more than 600 inmates who have applied for help since her program began in 2010, Kavanaugh and other attorneys have filed new trial motions in 21 cases -- and only seven of them have been granted.
He says he was sitting with friends when police arrived at the bar and told them about the shooting.
Anthony Padula, another juror in the case, said he had no memory of anyone saying they believed Jones to be the killer because he is black.
The police department is located behind.