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It starts to relieve sudden cravings fast. i never know when i'll need relief. that's why i only choose nicorette mini. here we go. police shot and captured escaped prisoner david sweat near the canadian border two days after his accomplice richard matt was gunned down by the police. might have been drunk at the time. with the death penalty off the table at new york will any punishment fit this crime? andre, where do you think this is going to go in terms of a charge? >> good morning. what we have facing us right now is an escape in the first degree charge. it's only a d felony in new york s...

That had tremendous international publicity. you want that case to stand on appeal. she has gone out of her way to i believe poison that jury pool in a way that i believe is highly improper and unethical. >> so this is not just an inexperienced woman with an agenda. >> this is an activist in my opinion. the comments that she made i was so appalled and taken aback because i take the job that i can as a prosecutor very seriously, to seek justice. she supposed to be an impartial ewaiters of the fact of the case. the fact of the matter is they have a second degree charge for implied palace murder....

Agreement on murder guilty on murder and that the struggle is whether this is first degree murder or second degree murder. both of those if he's convicted of murder he will be sentenced to life mandatory life sentence. the second degree charge if the jury opts if that are allows for parole after 15 years and, of course aaron hernandez could be acquitted. this is a largely circumstantial case. the prosecution will admit that they don't have a murder weapon and the defense says they never established motive. it's day seven. jose jose. now moving north to new hampshire, in just a couple hours, ...

Retry the one charge, your reaction to that? >> well, we have to retry cases, leslie, and you may remember that when the state changed the manslaughter law, we had to retry several cases. so we get ready and we come back into court, and we try just as hard and seek justice in the same way. so retrying a case is something that we have all had to do and we will continue to have to have to do and we will give it the same full attention. we don't back off having to retry. yes? >> as far as the verdict, it is impossible to come back with not the first degree charge, but a second degree charge, and ...

The jury can take up a second degree charge and in this case i think it's the second volume of shots, he shot a foot nava way from the car. he did not shoot to scare, he shot to kill. >> so you're saying the first shot may not have been premeditated but that the others were you could think -- >> you could argue the first time that could be traumatic head injury. as he continues to shoot. you don't have adrenaline if you shoot four more times in a car that's driving away. >> i think the premeditation has to have come before any shooting began. it can't be in the middle. the other issue is if he...