Michael is repentant and takes responsibility for the murder of Judith Gabbard, but still maintains his innocence in regard to the robbery that the prosecution alleged in order to make him death penalty eligible. 

There were improper jury instructions which precluded the jury from hearing Michael’s defense. In fact, Judge Martin, of the 6th Circuit believes Michael should be granted a new trial for this reason.Michael’s trial attorney had a conflict of interest that severely hampered Michael’s defense.

                  -Appellate counsel discovered an undisclosed deal for the states number one witness, but failed to raise it in Michael’s appeals. The prosecutor misled the jury, saying “no deals were made!”