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Gets $50 million, and bookie gets paid. that theory's not going to go anywhere. a tough case for the defense, unfortunately, that's what you get. heather: it sounds like you throw in a bunch of money, he's reportedly worth about $50 million, and somebody wants custody of their daughter, and it just sounds like this whole case is ugly. it's got to be hard for the jury to look at that, but we're going to have to leave it there. >> i just feel bad for this 9-year-old, the daughter whose custody is at issue. heather: it is an ugly case. fred, ashley, thanks for sticking around to talk about this t...

Is doing is attacking all of this, and at the end of the day, he can't t away attention for the two taped phone calls made by this woman setting this whole thing up. heather: ashley, i wonder if they're trying to use this as sort of a mitigating factor in the case. what do you think of that? >> oh, definitely. they're trying to divert any attention they can from these audio recordings. there's nothing worse than when your client commits a crime on tape. and they've got an audio recording of her hiring this hitman and trying to make these arrangements. they've got to do everything in their powe...

Robberies had taken place not long before. marcus karma is the homeowner, and he claims he was acting in self-defense when he shot the student. now a jury is hearing that case. but in a stunning twist, listen to this testimony: >> he had said he's really tired and that he'd been sitting up for three days waiting to shoot some f-ing kids. >> that testimony coming from a hairdresser who had apparently seen him just a day or two before he shot that young man. fred tecce is a former federal prosecutor, ashley merchant is a defense attorney. fred, boy, this case had been looking like it was in the ...

But in case we do get it ready, we'll bring that to you. essentially what -- he's on the stand, the ex-husband is on the stand, and we've got fred tecce and we also have our other guest with us as well. they're really coming down hard on the ex-husband, and they're asking him, you know, did you, did you degrade your wife, did you mock your wife, did you do this, did you do that, did you place her phone number on craig's list advertising sex, they are now trying to paint the victim as the bad guy. fred? [laughter] >> it's like -- i'll let ashley tell you, but it's criminal defense 101, try to g...

This guy pulled his shotguns out of his garage, he's waiting, there's nothing in your garage worth shooting a kid over, i'm sorry. i think the guy's going to get convicted. heather: ashley, what about that? jon and i were talking about it yesterday, jon's from the west, i've got family in the west, there's a real strong sense of, you know, this is my property, you don't just enter someone's property. >> i think without this hairdresser's testimony with a montana jury, i think the state would have had a very hard time getting a conviction because montana jurors tend to like stand your ground an...