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They have to say we can apply the death penalty, which in effect sounds like you end up with a jury, in boston any way, that's not representative of the community. >> i think the framers of the constitution would be turning over in their graves like this. jurors were supposed to represent the views of the community. it also brings about religious discrimination. can religious catholics serve on the jury or protestants that come from churches? it's a very skewed system. it also gives the prosecution an upper hand in the guilt phase. not in this case, but in a close case. sometimes prosecutors s...

Throughout the process, and do you have any prediction for this penl penalty phase? >> well, i believe that the government did the right thing in the guilt phase in that they took head on the motive why did this man join his brother to bomb this event and cause the deaths and the injury s thaties that he did. and so they will have less time devoted to debating whether there is any justification, and of course, there is not. one of the problems that the defense has in this case is that this particular defendant really stood behind his lawyer in the guilt phase who she could stand up and say it ...

Bruno. david, if you were on this jury, how would you vote? would you give him death? >> yeah, absolutely i would vote death. and it comes down to the jury will get this instruction. they're going to have to balance mitt i getting factors versus aggravating factors. the aggravating factors are substantial. it goes to the planning, the preparation, the risk to others and also the cruel and heinous way that they did this. >> now what could cause them to go the other way? if you're sitting on that jury and you don't vote death, what would cause them to go the other way and give him life in prison...

You can execute people is after 18 years old. he is only 22 years old. and so certainly i think the defense has to argue his age and that will be a strong part of the mitigating circumstance to get him a life sentence. >> this is a death penalty qualified panel, wendy and everybody on the jury said yes, i could vote for the death penalty if i feel it was warranted. does that mean it is a foregone conclusion he gets death? >> absolutely not. massachusetts is a state without a death penalty. they are not used to deliberating death. it is a balance of grace and justice. guilt phase about what he ...

So she's got one leg up by being in a leg that has demonstrated historically its view against the death penalty, but as your earlier piece indicated, nothing like facing the facts of the facts of young dead children or the injury caused to so many. >> yeah. you have a jury to vote for the death penalty obviously for the oklahoma city bomber, and you say that you were pretty confident throughout the proc s process, and do you have any prediction for the penalty phase? >> well, the government did the right thing in the guilt phase, and they took headon the motive, why did this man join his fathe...