>> i've seen this happen on both sides when a jury has been out for this long five or six days i've seen juries come back with acquittals and also seen juries come back with guilty verdicts. i don't think you can look at the number of days but i will tell you, in this case with the jury out for this long if i were the prosecutor, i would start to get concerned. i think the longer that this jury is deliberating the more likely it's -- they're probably going to come back with a -- with a hung verdict. and so right now, they haven't sent any notes to the judge indicating that but of course if they send out a note and they ask the judge what do we do if we can't reach a unanimous decision, you know they're having problems. >> and as a matter of fact, you know this, the jury has sent several notes to the judge since deliberations began but none about the murder charge itself. yesterday, frekts, they asked the judge to reinstate a midmorning break to jurors could smoke. what does this tell you? >> they want a break. it's important that they have those breaks. these jurors understand that this is a murder trial, someone