He chose W. Fred Turner to be his lawyer for his retrial, which occurred on August 5, 1963, five months after the Supreme Court ruling. During the trial, Turner picked apart the testimony of eyewitness Henry Cook, and in his opening and closing statements suggested the idea that Cook likely had been a lookout for a group of young men who had stolen the beer and coins from the Bay Harbor Pool Room. (Turner had been Cook's lawyer in previous cases.)