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Question of insanity. there's no issue that he was mentally ill. so, you know, they may yet win at trial in the sense that they may avoid the death penalty but they certainly, i don't think, will have any chance -- >> do we know much about the evidence that's going to be used against him? >> you just start with the fact that he's in the boat. >> correct. >> with the -- you know, writing those essentially confessions on the edge of the boat. you have the videos of him at the surveillance -- i mean, i am curious to know how they are even going to handle the death -- i'm sorry, the guilt phase of...

Upon the compelling facts and circumstances he's guilty. the issue for the defense, could they spare his life? if it's an argument and it's compelling they have a chance i think it's a slim chance. this affected so many people ana. >> richard, what would the defense be looking for and how might that differ from the prosecution in terms of the jury selection process? >> well, the prosecution's looking for very black and white jurors. there's a lot of jurors who come to death penalty cases who say once we get past the guilt phase then it's sort of an automatic application of the death penalty. o...

Reach a plea deal with the government. paul i want to begin with you. we know prosecutors have surveillance video and messages that tsarnaev reportedly wrote in the boat where he was found. they have evidence seized from his department. how do you go about as a defense attorney helping your client's case with seemingly such strong evidence against him? >> i think this case is all about avoiding the dealt penalty. i don't think it's about contesting his actual guilt of the bombing. the evidence against him is over well overwhelming. i think during the guilt phase you'll see them setting up a sy...

Was a murder, whether purposeful and knowing murder. after if they come up with a guilty conviction, of course very powerful evidence in this case they probably will, the jury then goes into the sentencing phase, should it be a life sentence or should it be a death penalty sentence? the reason court split it because the evidence is different in the guilt phase versus the penalty phase. in the penalty phase you will see a lot what has been written in these briefs, they will talk about he was under control of his brother. heather: right. >> he doesn't have the opportunity to really make a decisi...

Solitary. the three years before he faced trial. the overkill of the prosecution. it also does seem to me the army isn't going to walk away from some private first class giving away 800,000 documents, right? my question to you is, as sentencing starts tomorrow and there is no minimum sentence, he faces 100 years. what do you think justice is in this case? >> i think justice is to take in account those very things that were considered irrelevant. i think they shouldn't have been considered irrelevant, but they were considered irrelevant at the guilt phase. that is his actual motive and the actu...