reporter: we are coming down to the last few moments that are so, so critical. opening statements are super important, evidence obviously critical and get towards the closings. when mark o mara wraps the defense case you have a rebuttal case, probably fairly brief, not more than a day perhaps where the prosecutors get the final word with the rebuttal case and charging conference. the lawyers have to go in chambers with the judge and decide what will we ask this jury to do? second-degree murder that s there but what about the lessers? can we give them lesser options if they aren t prepared to go all the way. maybe the prosecutors will assess their work so far and how their work has landed in this live courtroom, and maybe they will decide i don t think we can get this far. maybe we need lower options. maybe the defense attorneys will say we re not interested in lower options. go for broke, see how you do. this is the most amazing part of a trial.
do we put the party back together with this when it s over. you ll notice the party establishment isn t consumed with that. until they re willing to go all the way with it, they ll see more things like that. i think newt s got to get to the point where it s go for broke. it s play for the win and not care about what mitt romney will think about newt gingrich if he were to be the nominee. i think that s the mind set thing that they have to get to the point that they have to play to win. period. thank you so much. always a pleasure to have you on. stay with msnbc tonight. we ll get the results live.