Yes, you're right. A de novo trial/hearing means just that =- brand new. Schindlers' lawyer should have brought in new evidence - affidavits, etc. - that weren't in the state record. Sounds like there's a lot of compelling new evidence out there. I don't know if they made it into the federal court. That's what you do in federal habeas corpus writs from state court criminal judgments. (Two of which I'm working on right now.) If Schindlers' lawyer didn't do this, that's a big-time screw up.
I haven't seen the text that shows Gibbs arguement....but I do know he brought up Terri being Catholic and her religous rights.
But I don't think any of it matters. No matter what he brought up would have been rejected. He was told to go write a brief on why the new law is constitutional.