Clarence Earl Gideon then filed a motion not to be retried on the grounds that it was against his Fifth Amendment right to be retried for the same crime twice since it was a double danger. His motion was overruled because a prisoner can be tried twice for the same crime when he or she petitioned for new trial. Two years after his conviction, Clarence Earl Gideon would be tried for a second time in Panama City, Florida; this time he had a competent court-appointed lawyer. On August 3, 1963, the new trial against Clarence Earl Gideon began, the same evidence and witnesses as in the previous trial were brought. Gideon was against a new trial in the same courthouse under the same judge and jury, but his concerns were calmed by his lawyer. His lawyer argued that the eyewitness's credibility was inadmissible in court due to holes in his story, lack of evidence and alibi. In his closing argument he stated that the real criminal was eyewitness Lester Wade and that Clarence Earl Gideon was an innocent man among all.