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Well, let's see, what do you want to do first? >> let's just see where everybody stands. we went around the room, you know, guilty, not guilty. >> it's two votes guilty, ten not guilty. after reviewing testimony, they prepare to vote again. >> now, you guys had been sequestered for nine months. you were tired. you hadn't seen your families, your kids, your friends, you wanted to get out of there. were the majority of you working hard to get those two to come on board? >> actually, no. it wasn't arguing or yelling or anything like that. we just came and took another vote and the other two came ...

And he countered the defense argument it was tamerlan the driving force, the older brother, saying when dzhokhar tsarnaev wrote the manifesto in the boat, nowhere did he say kwoet my brother made me do it. he said as for the mitigating factors that the jury will have to consider, he said none of the mitigating factors outweigh the death and destruction suffered by the victims in this casep. three dead, many others becoming am muties. as you said the jury will be getting this case likely by the end of the day. the defense will have an opportunity to give their closing arguments after lunch and ...

Now, they also heard about the contents of a laptop taken from tsarnaev's dorm room. the fbi says it contained instructions for making pressure cooker bombs and copies of an online magazine published by al qaeda. ron mott joins us with more about the testimony. what's the biggest takeaway from what jurors saw? >> i think one of the most pivot pivotal things we have seen in this case involves the boat he was found in on april 19th, 2013. the reason i say that, he's now alone. the defense has always argued from day one that he was unduly pressured into this by his brother tamerlan who died in th...

Charges. nbc's rehema ellis is outside the courthouse in boston and joins me now. this could boil down to an argument a defense argument against the death penalties. that's what they're trying to argue, is it not, that in fact he was not the prime person involved. and of course the federal argument is he was a co-conspirator. >> absolutely, andrea. it may well indeed boil down to that. in the opening statements this morning by the defense attorney judy clark, she described the defendant's actions as, quote, they're inexcusable. she went on to say, quote, a series of senseless acts caused by tw...

Drove on to the tracks. in this crash, investigators credit new technology that absorbed the impact. >> i think we could safely say the technology worked. >> you are lucky. lucky to survive. >> reporter: the driver of the truck, 54-year-old arizona man was taken in to police custody after receiving medical attention. meanwhile, a team from the ntsb continues to investigate the accident. ted rowlands, abc news, oxnard, california. the other major story we're following overnight. the verdict in the american sniper trial in texas. former marine eddie ray routh found guilty of killing chris kyle...