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Paranoid was previewed by his attorney in opening statements. >> what he said was that he had killed them before they could kill him. >> reporter: three, maybe four times, the ranger asks the question that matters most in an insanity case. each time he gets the same answer. you know what you did today is wrong, right? you understand that? yes, sir, replies routh over and over. in another acknowledgment of his guilt, routh apologizes to the victims families saying i'm so sorry for what i have done. using the killer's own words against him may just be the prosecution's strongest evidence. ryan o...

Defendant can say, he doesn't have to prove everything, he can say, maybe i wasn't that crazy, maybe i know about my actions, but i have this irresistible impulse also. it's making a prosecution's job more difficult that. i have to prove his sanity beyond a reasonable doubt with all three of these qualification. >> they may be making it difficult, but, lisa bloom, i have seen you cover enough cases to know it is very, very difficult for the defense to prevail. as the percentage that is miniscule of people that actually mount an insanity case that actually win. >> that's right, ashleigh. a lot ...

Itself. what the judge did yesterday -- this is the same judge presiding at the trial of mr. holmes -- was to say i don't know if this book, this notebook that the defendant wrote and gave to his treating psychiatrist, an employee of the state of colorado, is going to be admissible in evidence in the case against him. if it's not, then this big dispute about how the reporter, how jana learned about it is irrelevant and i'm goes to dismiss the case against her, and she's not going to go to jail. >>gretchen: what the judge is saying is that he wants to wait and see. it has to do with whether or ...