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A stranger in the room and i was worried about my belongings." i don't know. isn't that a stretch? in dorm rooms people come, people go. that doesn't seem to pass the smell test. >> although there might be some legitimacy to what he is saying. that's where the invasion of privacy comes in. it is his room. he is worried about his belongings. he can certainly undermine the invasion of privacy issue. i knew there was a man there and he had no idea, no foresee built that there was going to be a romantic encounter between clemente and this other man. certainly there is plus built to his argument. i...

A calculated hate crime. let's ask our fox news legal analysts. let's go to the former prosecutor first. this is not an easy case for prosecutors to prove. they have to demonstrate intent on the part of the defendant that targeted clemente because he qas -- he was gay. >> they have to show intent and the causation. he would go to the extent of killing himself after this. that is hard. you have to get into the mind of the defendant. and when you have to prove an intent crime it is very difficult, greg, unless there is a smoking gun and there is not one here. >> isn't it clear clemente tragicall...