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But if you completely and fully cooperate with us and tell us everything, stretch your memory, we'll give you a deal. >> melissa: could it be hush money? >> it certainly could. could be hush money, survival money. could be an accessory to pay for her quietness on this. but the interesting fact is she is cooperating with investigators and allen is right. they probably said we'll seize this money from you if you don't cooperate with us which the federal government often does. i've had defense cases where the government takes money and says we don't know where it came from. if you can prove it wa...

Contributed to the crime. this is going to be one of the most difficult defense cases that we have seen in a while. >> kendall coffey thank you. good to see you. appreciate it. >> thanks. developing now in colorado, jurors will resume deliberations in the penalty phase for james holmes. jurors are considering so-called aggravating factors that would make holmes eligible for the death penalty. this is just the first step in a three-phase process. holmes was found guilty of murder last week in the july 12th 2012, attack that left 12 dead and 70 injured. at the top of the hour secretary of st...

Consensual deal, why should there be charnls? >> they're both real stupid to make a bet like this. but it's still illegal. even if you make a bet and you both consent to it, it's still illegal. so what happened was they got caught. doing something illegal, he now faces in wisconsin it's illegal to have a tazer gun. he had no license. >> what if he says i don't want to press charges? >> i've had defense cases that involve domestic violence and the wife says i'm not going to press charges. but that's not the story here because he's actually been charged with violating the law by having a stun gu...

You have to use other avenues to get your point across. so, yes, i think it was very effective. >> but every time we walk down the street, we're armed if concrete is a weapon. >> well, it's definitely a weapon if somebody's slamming your head against it. anything can be a weapon, a pen. and this is one of the problems you have in defense cases. if somebody's using a pen, now it's aggravated assault. this is a big issue for criminal cases. >> yeah, well, lisa, the prosecution came back saying, well, let's just look at this. how in the world could zimmerman have, you know, gotten his gun from be...

Why would the defense, at least all the experts i've spoken to don't think george zimmerman will be put up there on the stand. they don't want to have him cross examined and he's made his case in the videotapes that were played by the prosecution. we're probably not going to hear another time from george zimmerman, right. >> i don't think there's chance in the world that george zimmerman will be a witness. one thing that's true in high profile cases and low profile cases is defense lawyers come in and say we're going to have several weeks of testimony. we're going to have a big defense. the de...