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And now he's now in this sort of hyperspace. prosecutors -- when you have hung juries, that is almost always a win for the defense. in american jury trials and criminal cases the prosecution wins somewhere between 80 and 90% of the time. so a hung jury is a defeat for the prosecution, especially when they needed porter to make some of these other cases. now, it's not impossible that at least some of these other cases can go to trial without porter. but his testimony was going to be important. now, there are lots of strategic decisions ahead. they may decide to give up on prosecuting porter, gi...

Welcome all of you. good to see you. all right. let me start with a question for all of you. is there any of you that think the verdict will come back second degree murder? show of hands. manslaughter? 1, 2, 3, 4. 5? yes or no? >> hopeful. >> you are hopeful for that? >> yeah. >> how many of you think it will be not guilty? all right. 1, 2, 3, 4, 5, 6, 7. hung jury? >> yes. [ laughter ] >> hung jury. two hung juries. all right. i felt today how many would agree with me that the jury instructions were really important today? peter, you are a great attorney. >> they are absolutely critical. it's...

>> the witness himself is far from pure and innocent, is he? >> no question. a guy who, as a defense lawyer you can cross-examine for five days and not get the bad acts out and not take them to shreds. he was the boss of the defendant. you can attack credibility you sort of did the witness that you get when representing someone who is a former associate of that witness. >> so in his case, you think this trial is going to go rather badly for the man on the stand? >> well, you know, here's the thing with this. some jurors have such a distaste for the notion that the guy who sits on top of the fo...

Four hung juries. >> rather seamless segue to italy, silvio berlusconi has just announced he will not seek another term as leader of italy. he's back in court yesterday on thises of tax evasion, on trial accused of sex with a minor. what are the chances that this time, this time, mr. berlusconi will be found guilty? >> you know, he made a comment -- >> you practiced in italyç yourself. >> i have offices in italy, milan, i'm familiar with the system there, which is one of chaos, quite frankly. nothing like our system of justice, which we think is chaotic, it's nothing like that system. in ita...

Charges selling the office, exportion, all of that. all gone. or at least hung juries. he says they will prosecute again. perhaps. but this is really, a mouse out of a mole hill. blagojevich comes out of it i think not vindicated. everybody understands he is the guy who walked the line, who walked the edge a lot. but i suspect people will conclude given state of pom ticks in the state -- politics in the state, he was not that far over the line. >> bret: kirsten? >> well, i think it proves being a foul-mouth goofball isn't illegal. that's essentially what he is. he schemed a lot and grandiose i...