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This man. they are doing everything they can to make the jury fearful because i think in a capital case that's really what you have to do. it's not the planning it's not the horrific crime. everyone knows about that. that's not much in dispute. it's the fear factor. if we let this guy spend the rest of his life in prison are we still in danger? are people in prison in danger and i think at least in my own experience that's what makes a capital jury willing to impose the death penalty. it's fear. >> it's fear. all right. paige, thank you so much. paul thanks so much for being with us as well. a...

Durst's attorney who say they are eager to get back to california and face his capital murder charge, which he says he's not guilty of. unfortunately, they are stuck here and it's unclear how long they are going to be here. whether those charges are going to be brought in front of the judge and whether he's going to have to stand trial or put them on hold and send him back to california. >> it seems as though there's going to be a certain amount of discussion between new orleans and l.a. what's the next step for the prosecutors and l.a.p.d.? >> reporter: right now, they are waiting. what they ...

Could call the guilt phase of a capital case, yet the defense has said he's guilty. and we're going through this evidence and then we know because they admitted to this, we will get to the penalty phase of this. and that will be considerably longer, because the defense will present an awful lot of witnesses and testimony that would suggest a reduced culpability on mitigating circumstances, such as tamerlin being a real influence on his younger brother. i suspect the penalty phase will go much longer. the one thing that will get contentious, lawrence, it will be the why. why did dzhokhar tsarna...

Would have thought. so i think it's always hard to judge how long these kind of things are going to take place. one thing that's clear, the defense in this phase of the trial is not objecting. they have not cross examined any witnesses, and they would be very reluctant to cross examine any victims. so this part is going to go i think a little faster than people thought. >> and in the end, this is all about the death penalty. what we're seeing here is someone who is pleading guilty and having a trial, which is an oddity in itself. and then we'll be in a penalty phase after that. >> yeah. it is ...

The skin off my forearm. >> i just couldn't believe my head. i was shocked. >> it is not often in a capital case you get six alibi witnesses putting your client somewhere is. one is, did the lawyer not put those on? >> i have never wanted to hit another human being, physically attack another human being like i did that day with eric hendon. >> the jury responded to hendon's strategy by returning guilty verdicts for two first degree murders. they would also vote whether or not to recommend the death penalty and with florida being the only state where a simple majority is needed in sentencing, t...