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Reporter: daniel willyam, as was his right, declined to testify when he went on trial for killing shelley nance. so he did not himself point at nathan and accuse him of committing the murder. but of course he didn't have to. his attorney did it for him. it was not a surprise to prosecutor dewey mitchell. >> they said it could've been nathan, and it could've been a random person, and that by the time the state's done with its case, you're not gonna be able to know who did this crime. they just don't have evidence. i think it was a pretty good strategy. >> reporter: yeah. >> i think it was the o...

Courtroom, please. >> a judge sentenced james helms for the 2012 colorado murder shooting. >> they found tsarnaev guilty of all federal counts. >> the marathon bomber got a death sentence and the insanity case failed for sending chris kyle in texas. >> i don't know who is sane in the world right now. >> we find the defendant eddy ray route guilty. >> they charged bowe bergdahl for desertion for his 2009 disappearance and the taliban capturing him in afghanistan. the weather went to extremes in 2016. a flash flood killed 13 women and children in a polygamist community in utah. while a drought i...

Holmes is pleading not guilty by reason of insanity. and that defense shifting the burden to prosecutors. johna is a former prosecutor and thank you both for joining us. >> i will begin with you, jana. why is this the burden of the prosecutors? >> in a minority of the states the burden in an insanity case shifts to the prosecutor not to prove that the defendant is guilty beyond a doubt but if he is insane. >> there is a finding he is insane. and the burden shifts to the prosecutors to prove otherwise. >> how do they go about doing that and how do you prove that

Diagnosis, a psychiatric diagnosis of a defendant before they decide a criminal case, a huge responsibility we put on juries in america. >> was it enough because of the fairness under law, that's justice, right? we all know that as lawyers and you know it now from watching all of these things take on. the legal definition was narrow do you know right from wrong. was this guy done when he kept saying it was wrong, it was wrong. he ate a burrito, he ran afterwards he took a cell phone. was it over? >> every insanity case i've looked at through the years, has a collection of evidence. and there's...

In his entire career occurred in an insanity case. you don't know what the jurors will do and don't understand a lot of times the instructions and judging how insane he looks to be and so it's a risky thing. in this case you've got two local hometown heroes, a lot of evidence of what we're indicating that he knew what he did was wrong. he stole kyle's car after shooting the truck and fled. why would you flee if you think you didn't do something wrong? he said he was sorry and a number of things would indicate the awareness of the wrongfulness of the act and in texas, it's a low standard for th...