forward with their defense here. here is what jeff toobin told us. >> i'm not sure that we're going to have that byte. paraphrase what jeff said for us. >> reporter: just to paraphrase, what he said in effect is the callousness and disregard that he showed certainly won't do him any good if this comes before a jury because it shows he had little feeling. if they're trying to avoid the death penalty in this case, and the lawyer who is representing him is very good at keeping her clients away from getting the death penalty, that would be a tough hurdle for them to cross, jake. >> susan candiotti in boston. coming up, shelter from the storm. the president will need more than an umbrella after a week of controversy. hell hath no fury than jon stewart scorned.