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So it's a very dicey scenario in which you could be in a situation where he does confront them and that would be the most unfortunate thing of all. >> certainly. richard, he absolutely will be confronting them at this part of the case. let's get it clear, his attorney wanted to put forth some sort of mental deficiency argument to try to save his life. dylann roof rejected that. he rejected it. so any statements made by his lawyer have been stricken from the record in the penalty -- in the guilt phase of the case. so now we move into the penalty phase, there is no evidence of a mental disorder ...

So then to portray him during the guilt phase as something else, again, if i'm a defense attorney and i'm sensitive to your point i'm thinking about my credibility and i want to save my credibility when i'm trying to convince them not to kill him. so perhaps it was not the worst strategy in the world to let him be who he is, let's not try to insult the jury's intelligence and suddenly he's chock full of emotion and regret and remorse, let's save it for the penalty phase and i would submit during the penalty phase they will pull out all the stops to show why there are these mitigating factors. ...

This has been an emotionally draining week for the court. the first witness called to the san stand, the survivor who had that take a break from the testimony. on wednesday, the first day of opening arguments dylann roof's mother had to be rushed to the hospital by ambulance with a heart attack. a lot of drama in the case. up until two sundays ago, roof wanted to represent himself. he has done an about face. now asking for representation during the guilt phase. he is expected to represent himself during the penalty phase. he is not just facing the federal hate crime death penalty case, but als...

What he did. what narrative was the defense crafting there? >> look, david is probably one of the two or three best practitioners of capital defense and this has to be the most frustrating case in the world for him. not just because it's such a horrific crime but because he has so much trouble with his client trying to benched and brought back and then benched again and it's a horrific situation. i mean, this case literally takes the criminal justice system and pushes it to the edge. it really is probably the hardest thing you can do as a defense lawyer. what he wants to do, his strategy is he...

Jury see this is kid they'll realize how deranged he is and maybe some of the things i said in the guilt phase will resonate with them by proxy or by example. >> mark geragos and charles coleman, let's leave it there. who knows when we could get this verdict. we'll stand by for that. i just want to read the names of the nine innocent victims who lost their lives and remember them today. cynthia hurt, susie jackson, ethel lance, reverend depayne middleton, dr. reverend clemente pinckney, the reverend daniel simmons, sharonda coleman singlet singleton, myra thompson and tywanza sanders. a sour...