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defense. at least it doesn't appear so. in florida, every state has a different insanity defense. some states don't even have it anymore. but generally in florida, he had to have not understood the wrongfulness of what he was doing. not that he personally thought he was justified but, rather, he had to be unaware that society deemed what he was doing was wrong. and if he escaped, if he concealled his crime in any way or tried to, that's going to be a very difficult uphill battle. now, some of the efvidence that came out recently about his troubled childhood could become a nonstatutory mitigating factor in a death penalty argument. defense counsel could use that sort of as a bargaining chip and say look if we go to trial, we have some decent arguments, some nonstatutory mitigating factors, given his history. but then the prosecution could always say, yes, we've got some major aggravators, including the fact that he executed,
>> we have to be grateful for places like the innocence project that research these type of things this will be fodder for the death penalty argument. this man easily could have been on death row based on evidence that turned out to be incorrect. this is scientific evidence we're continuing to explore, dan evidence, we just don't want to get it ahead of us. jenna: walk us through, he is not completely set free and -- he has to face some other legal ramification. >> exactly. new evidence come forward exonerating him. they will probably take, already served 2years. but what other evidence is out there? what other charges might he face. that is still all open for him. 28 years. >> d.a. has to look whether or not they want to retry him. jenna: do you think they will. >> chances are no, given time he already served, almost half a life. jenna: with legal experts do you think bite mark evidence is not usable anymore?