it is a fact. and every psychiatrist will tell you that the middle component is very important in making a determination of what actually occurred here. this is not figuratively a black and white issue. >> but your client was a functioning member of society. had the wherewithal to plan this, to pick out a victim, an elderly man who could not defend himself. and then now since he has been caught doing it, it appears to most people that using bipolar disorder as a defense is an excuse for racist behavior. >> i think the bipolar disorder is a mitigation, if you will. it can be viewed as such. i don't think that there is an insanity defense in the works in this particular case and certainly i think that the federal definition of insanity