second phase. but that is the headline today. there will be a second trial. and the rest of it now is just filling in the blanks on how many of the 30 counts he s been convicted on. but we re past the big question now. so pete, how quist swiftly does the second face kick in? reporter: it will start on monday, that is my guess. the judge said we ll have trial four days out of every five. it could start tomorrow. but it seems clear he wants to give the jury final off and let the lawyers regroup and come back on monday and begin the new phase where there is new witnesses and new evidence but not the fact-based hearing. the government has its law but the standard is there are certain factors to lean toward the death penalty. and the defense will say he had a torltured childhood and difficult upbringing and enthralled by his brother and i