insurmountable in a death penalty case, isn't it? >> it is. that's exactly the way we should analyze this case. start with the a sungs, which you can't make in most cases, that this will be a guilty verdict. if you start with that assumption. this is the way the d.o.j. should analyze it. really 24 this case is about whether or not he lives the rest of his life in prison, only one of two options, or the death penalty is administered. when analyzing whether or not to or a guilty plea, consider whether you're going to expend the massive resources on a roll of the dice where he may lose in the death penalty phase of the trial or he gets no chance of parole. save the agony of people coming in and testifying. save the entire process of a trial. you know, you mentioned something veng gangs. vengeance specifically is not one of the reasons we punish.