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Death penalty ruling here. >> ronan i want to talk about what we're seeing inside the courtroom as pete williams was just telling us for folks watching this. we'll be hearing each item as the jury goes through it. we're being told that as you mentioned the victim's families some of them have assembled in the courtroom and members of the fbi team, prosecution, the government apparently coming back from what was a late lunch. what else do we know about how this process is going to play out when we hear from this jury? >> well, the press are assembled in two rooms, courtroom number nine upstairs ...

Handed down in late june. he was arrested in april. he had an initial appearance but that was in a hospital where a federal judge came to him because he was in no condition to go to a court because of gunshot wounds. he had difficulty speaking at that time. we know he can speak now. we've heard tapes of him talking to his parents who will not be in the courtroom today but the courtroom will be jammed, andrea. he arrived under very heavy security in a u.s. marshal's van and caravan about two hours ago, but the courtroom will be taken up almost entirely by victims of the bombing and members of t...

Shepard? >> shepard: david lee miller live for us. thanks very much. police say a man in ohio shot his wife of 45 years as she lay in bed in intensive care unit in a hospital what may have been a mercy killing. that man now faces murder charges. it happened on saturday in akron. the police department there has just released a 911 call from the witness inside the hospital. >> shepard: maybe an oxygen tank or something. it was not. this is the man who calmly walked into the hospital and shot his wife in the head. that wife had been in critical condition in icu. the suspect appeared over a closed...

Of the case. we have one from the defense, that this baby drowned and for some reason that we can't quite understand did the mother and the grandparents dmoes to the call emt or 911, the police, nobody, and cover it up for some extraordinary period of time. but on the other side we have a theory that a mother, who had no history of abuse, loved this baby, would smoother the baby to death. >> jami we have to break in. stay there. break news in arizona. jared loughner, the suspect in the congresswoman giffords' shooting has been declared not competent to stand trial. a short time ago marshalls r...

For 30 minutes of the first part of the proceeding when the judge was having a long colloquy about press access to investigative records, that issue that had nothing to do with the competency hearing. loughner put his head down in his hands and seemed to be building up to something and burst out. he said, thank you for the freak show, she died in front of me and then the last thing he said was, you're changing this, you're changing this. apparently a reference to the story. and one of the delusions that we heard from our sources that he suffered from, he believe head killed congresswoman gabri...