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>> but the evidence about his previous history was not allowed in the first trial. i think that they would have considered his history when thinking what was marissa's state of mind? did she think she was in danger of serious bodily harm? i think these issues are issues that a jury should have considered and they didn't get the chance to hear that evidence. >> quickly on this question of prosecutal discretion which includes prosecutal anticipation of what a sentence might be at the end of a certain trial? >> the evidence that we're talking about here is something that in california is alwaysed...

I think that they would have considered his history when thinking what was marissa's state of mind? did she think she was in danger of serious bodily harm? i think these issues are issues that a jury should have considered and they didn't get the chance to hear that evidence. >> quickly on this question of prosecutal discretion which includes prosecutal anticipation of what a sentence might be at the end of a certain trial? >> the evidence that we're talking about here is something that in california is alwaysed a midded. it goes to the defendant's state of mind. it goes to explain her conduct...