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tonight, we have breaking news. cnn confirms the identity of the man accused of murdering 16 afghan civilians in a house to house shooting spree last weekend. 38-year-old staff sergeant robert bails, an 11-year veteran. let's get to chris lawrence at the pentagon. what can you tell us? >> well, i can tell you he's originally from the midwest and he was living in ohio until about 2001. after 9/11, that's when he joined the army. he's been based out at joint based lewis mcchord for the majority if not all of his military career. did about three combat tours in iraq. this was his first ...

Penalty. joining me now from new york is attorney jona silber and kimberly guilfoyle who you can catch weekdays at 5:00 p.m. on the five. when i heard panetta commenting on this case we thought it was a little unusual because we haven't had investigation i think and don't know the facts. pretty amazing when the secretary of defense comes out and almost, you could say prejudges the case. a capital case, kimberly, how could this go down. >> this is obviously a very serious case and very unfortunate. disturbing on a lot of the levels. we don't have all the facts in yet we know a few things for ce...

Penalty. joining me now from new york is attorney jona silber and kimberly guilfoyle who you can catch weekdays at 5:00 p.m. on the five. when i heard panetta commenting on this case we thought it was a little unusual because we haven't had investigation i think and don't know the facts. pretty amazing when the secretary of defense comes out and almost, you could say prejudges the case. a capital case, kimberly, how could this go down. >> this is obviously a very serious case and very unfortunate. disturbing on a lot of the levels. we don't have all the facts in yet we know a few things for ce...

Shootings could face the death penalty. joining me now from new york is attorney jona silber and kimberly guilfoyle who you can catch weekdays at 5:00 p.m. on the five. when i heard panetta commenting on this case we thought it was a little unusual because we haven't had investigation i think and don't know the facts. pretty amazing when the secretary of defense comes out and almost, you could say prejudges the case. a capital case, kimberly, how could this go down. >> this is obviously a very serious case and very unfortunate. disturbing on a lot of the levels. we don't have all the facts in ...

Cross-examine witnesses. the officer will make a recommendation to the commander how the case should be disposed. in any case, i think you can bet that there is -- it will be a capital case, it will -- unless this guy is determined to be not capable of defending himself because of some mental defect -- >> the fact we learned yesterday that he had a traumatic brain injury in 2010 and learning today maybe marital problems, alcohol may have played a role in this. none of that would mitigate the possibility? >> not in my judgment. all things being equal, what we know now, the premeditation that wa...