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and then the people like tom fitten, not a lawyer, telling him no way, fight, you know, get your back up and that always has led him into more trouble. >> back to the right -- >> history has shown us, those are the lawyers that last the shortest time. it's interesting to see kise back in the game. >> yeah. we also want your take on this. a grand jury here in new york voted to indict a man accused of killing a homeless man after holding him in a chokehold on a subway train. that chokehold lasting a number of minutes. marine veteran daniel penny has been indicted, expect today indicted on second-degree manslaughter charges. we are expecting that formal announcement to come later today. he is accused of killing jordan neely last month. he says he felt neely presented a threat and danger on the subway train. witnesses describe the man shout egg was hungry, thirsty, didn't care if he dade. they said penne put him in a chokehold. cnn reached out to penny's