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The jury did not hear testimony about jose zarate's criminal record or the fact he was a multiple felon. they only had the evidence and it was all circumstantial. no motive. he didn't know kate steinle. there were no eyewitnesses to this shooting. this bullet ricochetted. matt gonzalez, people will be talking about this case. that he presented. he made this defendant not into a scary illegal immigrant with a criminal record but a hapless transient who was homeless and on this pier and came across this gun. it will be interest iing to tal to the jurors. >> martha: you can get involuntary mansla...

And also if he's drinking. the thrill is gone and he's looking for something more enticing to keep his life spicy. now, we know the girlfriend left her husband or got dwoised from him and had a job, so the four years they were together, she live nd his home, didn't work and she was under his thumb. i think that she was emotionally and psychologically as so many partners of addicts are, codependent, enabling and just never challenged him. she was in denial. and when they say how could she not know? she didn't know. she knew better than to challenge him, than to question where he was or going or...

Neighborhood a few hours ago, inside the neighborhood it was dramatic to see the number of people who had clearly made their way to their rooftops to be able to get away from the floodwaters. several of them had cut holes and chopped their way through the attic to get on to that rooftop. dramatic scenes as we've been able to capture some of the first dramatic images and the intensity and devastation of the flooding that's happened across houston and the southeast texas area. dave and christine? >> remarkable to see a whole -- hacked through the top of the house to get out. >> imagine the despe...

Woul not tender his resignation, i think he should explain publicly what it was. maybe there's a valid reason that none of us understand or are thinking of and i feel like you know u, hopefully, we'll hear from him and explain why he didn't want to do that. is there some sensitive investigation he'sover seeing that he had reason to make a claim that he should stay onl g onlopger. >> interest iing you're saying needs to come further because we heard from david gergen who said it's incumbent on trump to come forward or maybe not truch, but a member of his administration to explain why he would b...

Trump administration wants to get gorsuch in for that determination. until that time takes place, it's in a state of flux. the state will now do what they think is best under the cloak of supervising education, protecting the education experience and there will be more litigation and that group case, interest iing to watch, i is spring, see if the supreme court takes argument on it. >> so, avery's back with us, but on the phone. how in your view do you see this as being a real tool? >> i think it's more nuance. more complicated than that. the fact is that federal agencies having interpreting t...