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Arizona against a woman hasn't happened since then 1930s. the court and the lawyers have to be very, very careful and clear they follow all the procedures, both steps. there is an aggravating factor? >> sure. the jury could find she was debraved and cruel and inhuman, and then aggravating factors versus mitigating. ing a dpra v-8 is bad, mitigating is good things. if if the aggravating outweigh the mitigating the juries supposed to sentence her to death. the judge can overrule the jury in a death, but he can't impose it on his own. >> shepard: more ahead as we wait for that aggravation phase. ...

To our legal eagles, rebeca and faith. 27 times he was stabbed, shot in the head. slit from ear to ear. sounds like aggravating to me and she should get the death penalty. >> i don't think this jury is going to deliberate very long in this phase, was it deapproved and heinous and cruel? there's no doubt in my mine, when they put the medical examiner up and show these occupies autopsy photos -- >> you think it was aggravating -- >> absolutely. she killed him three times, as the prosecutor said. >> rebecca you disagree? >> i think -- there's two phases. we're looking at the aggravation phase, wh...

When she was stabbing him she was committing a felony. and because he died during that felony, she can be charged with felony murder. the state charged it was two ways. >> bill: that doesn't matter. premeditated murder puts her on death row. >> that's right. >> bill: there aren't any extenuating circumstances at all. it's up to the judge now or does the jury have a say in whether she is executed? >> bill, it's the jury. they now come back tomorrow at 1:00 p.m. to start the aggravation phase. what it is the state has to prove yard that there was mental or and/or physical cruelty when she killed...

Going to happen, she's going spend the rest of her life in prison minimum. >> at a minimum. that leads me to my next question. weigh in on the technicalities of what comes next. there is a sentencing phase, and it is broken into two distinct phases itself. start with the first one. >> it's very unique. that is what will be today, the aggravation phase. and there was a pretrial hearing, so the prosecution can only try to prove one agravator, and it is extreme cruelty. not just cruelty, but extreme cruelty. they're going to put on the medical examiner, we believe, to show the cruelty that travis...

When she was stabbing him she was committing a felony. and because he died during that felony, she can be charged with felony murder. the state charged it was two ways. >> bill: that doesn't matter. premeditated murder puts her on death row. >> that's right. >> bill: there aren't any extenuating circumstances at all. it's up to the judge now or does the jury have a say in whether she is executed? >> bill, it's the jury. they now come back tomorrow at 1:00 p.m. to start the aggravation phase. what it is the state has to prove yard that there was mental or and/or physical cruelty when she killed...