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Dateline

>> we the jury in the aboved entitled action, find the defendant guilty of the crime of murder. >> reporter: this was a death penalty case. jurors now had to decide if dan should live or die. the defense attorney scat sanders made absolutely no executes for his client. >> we did nothing in the guilt phase of this case to indicate that they were challenging his responsibility for the crime. >> reporter: but he did ask the jury to consider if dan would deserve the death penalty if someone else influenced his decision to kill. that person, in the defense's view was dan's fiance, rachel buffet. >> a girlfriend. >> reporter: they talk about the moment that she went to the police department to see dan. >> she's learning about all of this incredible stuff and she

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CNN NewsNight With Abby Phillip

lawyer and i still was put on a criminal trial. it is weird to be in that room and to have everyone look at you and say, well, you understand all of this stuff and be like, that's not my job. here but but i do think there's a little bit of being the lawyer in the room helping people refocus when people go off on emotional things being like, well now, what remember we had this we had this evan, what's your take learn? i mean, lawyers are supposed to be presumed generalists to have to know a little bit, but everything are these practicing attorney are they law degree? the holding people? it can be that can be distinct, but at the end of the day, what i would want as a prosecutor, i don't want someone turning to another juror and saying, did they get that right? is that what supposed to happen as defense attorney? it's exactly what i want. i want the lawyer to be like, you know what they're missing here. this element of the crime yes. that's exactly if i were a defense attorney, i'd be like, actually this may not be so bad. >> they can deal with some legalistic parts of this as opposed to clinical common sense. everyone hold that thought i want to bring jeremy

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Dateline

sophisticated, well-thought out meticulous plan by an actor ma meets real detectives really doing their job. he's putting on his -- it was a play. >> reporter: it turns out that two cops were tougher than any theater critic. >> they gave him all the rope to hang himself and that is what he did. >> reporter: dan said that he gave him a box to hold on to t he had no idea there was a gun inside, let alone that his brother just murdered two people. tim pleaded guilty to being an accessory after the fact and was sentenced to three years of informal probation. his then girlfriend who is was also charged had her case dismissed. in court, dan's defense attorney did not offer an explanation for dan's actions or call any witnesses. when the jurors got the case, it took them less than three hours to reach a verdict.

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The Weekend

cases, if you try cases in new york state, you will almost always have a sandoval hearing because you want to prepare the other side to know, if you put your guy on the stand, these are the things they will be subject to having to answer questions about. in many cases, it can serve as a helpful tool to a defense attorney when you don't want your client to take the stand. and when you have a client that might be like donald trump who thinks they are bulletproof and they can get on the stand and blow through the testimony. they will have to hear in open court, these are the things the prosecution will be able to ask you. these are the things that they can really probe and go into in front of the jury. you don't have a good answer for these things. if you don't have a good answer, it's probably not a good idea to testify. that is where the sandoval question comes into play and what will happen at the hearing. as far as the gag order itself, what i'm watching for is -- and very curious.

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FOX and Friends Saturday

where this case begins, and it only gets worse for the prosecution. and let me give you the two most important pieces of evidence. you have the statement, the written and signed statement by stormy daniels. very powerful. indicates that the payment was not if in relation to some extramarital affair. you have that, that she has not backed away from from. that's a piece of evidence that immediately puts reasonable doubt in terms of what the purpose of the funds were. and then the second letter is michael cohen, their -- clearly, their most important, their most important witness, has anticipated very clearly that he paid with his own money, that this was not instigated by donald trump. and those two pieces of evidence of, will, that is the very heartland of reasonable doubt in a case like this. and so if i'm the defense attorney, i stand up, i point out that's what they're going to see, and i'm going to tell them that it's going to get worse

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FOX and Friends Saturday

hopefully impartial mind. how does this start on monday with opening arguments? >> well, thanks for having me on. will, i'll tell you the thing, when i went into the courtroom when, you know, you're first approaching that jury, sometimes the initial words you use, they feel like it's the most pivotal moment and you hope as an attorney the you can just persuade them right at the beginning to see the case your way. what you're doing is hoping tata you're planting some seeds. but it's really going to come down to what is their perspective of the defendant in this case, donald trump. and what is the perspective on how well the prosecution is going to match up the facts with the actions of mr. trump can and then to assess whether or not the law really prohibits what the prosecution is alleging. it's a really intimidating moment for an attorney, but once it starts rolling, you'll start to see that jurors will start to get more comfortable if their role. the prosecutor and the defense

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Alex Witt Reports

things in a criminal trial but as close as i think we will have a sure thing is that donald trump will not take the stand. yesterday they have the sandoval hearing a hearing where the prosecutors laid out 13 instances of other misconduct, not charged in the case that they would want to cross-examine donald trump with if he took the stand. it was devastating evidence. it is always a defendant's right to make that the decision the attorney cannot make the decision for the defendant but i'm sure the defense attorney will work mightily to make sure donald trump does not testify. i do not believe he will testify. >> okay. what you are saying is what everybody else, every other legal analyst have said that he will not testify. why does he keep saying that he wants to? is there something that he could legally use for an appeal? could he say i was held back from testifying and i wanted to? no?

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The Saturday Show with Jonathan Capehart

what they prefer, is a declaration and narrative about what the facts will show and what the jury should expect to see at the trial. we should learn some new things on monday. >> catherine, what will you be watching for? >> exactly, it is a preview of the evidence, a table of contents for the jury. it should not be very long. you know, you do not want to bore the jury. you're not doing arguments, so i am looking to see what evidence that we don't know about, that was not in the indictment or the statement of facts, that has not been league, so that is very interesting, the defense opening, first of all, in new york, the defense does not have to give an opening. they will clearly do one in this case. i have never seen a defense attorney missing the opportunity to do an opening. it will be interesting to see what they do or if they keep it very simple because they want to wait to actually hear the

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CNN This Morning Weekend

and these past acts lying about someone, the defamation, civil fraud, and business records, those things all go to his honesty and credibility that the jury is always allowed to consider. >> yeah. there's all well, so the decision by prosecutors not to tell the defense the initial witnesses these first witnesses until sunday, and they initially didn't want to tell them the names at all. is this something that is of any substance for potential appeal i know of course, the trump team has any defense attorney would be they're looking for what might give them a better shot in case there's a conviction i don't think that it is a substantive grounds for appeal because the timing of the order here for of the witnesses is really just something that's more of a professional courtesy. >> i do think it tells us a lot about the concerns that the prosecution has over the security and the integrity of the case. i also think it leads

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All In With Chris Hayes

out 13 categories of misconduct. many are things that couldn't be charged as crimes, including like the trump foundation settle many when they were accused of wrongfully using charitable dollars for political purposes. they also include sanctions awarded against trump when he sued the dnc and hillary clinton in florida. but they are misconduct through which he can be impeached. and merchan is going to call balls and strikes what is within or not acceptable cross. we will see see what the d.a. plans to confront trump with. >> and it is a tool you will use as a defense attorney to prep your client in terms of coming up with a reasonable answer. >> he is not going to go on the stand interest he is not. but part of why you have this hearing is to explain to your client, you can be asked about this, and -- >> for lawyer lawyers that is when he does want to. >> you have no response pour this.

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