>> the only real announcement to be made today is the state will be seeking the death penalty in this case. >> davis would only try darlie for damon's death, since victims under age 6 qualify for the death penalty. >> the reason the state tries for only one murder is if she's found innocent, they can try her for the second one. and that's a way for the state to load up a double barrel shotgun. >> given the media circus in dallas, the trial was moved to to the small, conservative town of kerreville, texas. >> why that was agreed to is unfathomable to me. >> richard mosty, second chair on darlie's defense, was raised in kerrville. >> doug mulder always says to me. he says, mosty, if i ever get murdered, i want you to promise that my murderer will get tried in kirk county. >> on january 6th, 1997, darlie's trial began.