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The motive was. there is many so connection to terrorism but the president of the united states is refused to call this an act of domestic terrorism. so what was the motive? was this a guy didn't want to be deployed and used this islamic radical view to get out of his deployment? or was this guy a terrorist communicating with terrorists overseas via e-mail and that is the issue. what is the motive? without the motive it is very hard for a judge or prosecutor in my opinion to come down with the death penalty at this point. uma: fred, do you agree with that. >> no. that is why john is a good def...

Jenna: well, some provocative testimony driving a key witness to tears in drew peterson's murder trial. the judge handing the prosecution what's being described as a huge legal victory, allowing them to introduce some hearsay evidence that's normally barred from court, although it's situation to situation. it's for the judge to really rule on. the former illinois cop is accused of killing his third wife, kathleen savio. sobbing on the stand was a friend of kathleen savio, a critical prosecution witness that testified that savio once told her of a threat peterson made bragging, quote: i could k...

Information from inside the courtroom. there's another witness on the stand right now, a friend of kathleen savio, and the judge is also allowing this testimony. mary parks says this, that savio told her that peterson had grabbed her by the neck, pinned her down and said why don't you just die. that's what she says, fred. but this is hearsay. is this effective? will this effectively prosecute drew peterson? >> well, let me tell you something, jenna, this is a tough case against drew peterson from the prosecution's standpoint. these statements are out of court statements, they teach you that th...

Lost our satellite link-up to john. let me ask you a question, fred. there are a lot of psychopaths in the world, people who for one reason or another have no conscience. does being a psychopath, does that qualify him as a psychotic disease? >> you know what? i've had this debate on your show for that psychiatrist whose name escapes me. i'm sorry, i think those are people who are define canned as lacking empathy. they have no empathy for what they've done. they feel nothing wrong about having shot 58 people and killed a dozen people. but that's not the issue in our legal system. the issue is d...

The police came he just stood there and allowed himself to get arrested. he took no steps to conceal his activity, he took no steps to hide, he took no steps to confront the police. so at the answer to your question, jon, that's not enough to get you a legal insanity definance. jon: this judge is clamping down on the information coming out of the courtroom. there have been, i guess, two gag orders. we're not going to be in the courtroom with a camera again to capture more pictures of this nut job. is that a good thing, in your view, fred? >> you know what, jon? the public has a right to know, ...