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That prosecutors are trying to make that he knowingly broke the law when he went into on that gun application but talked about the it's very clear that the defense approach is also trying to endure and engender sympathy from the jurors logical smarts necessary, risky which are all of the above all of the above a little bit, but not too risky to be honest. >> i mean, yes, you're asking for jury nullification you shouldn't in a way you're saying to the jurors, why are we here? here's a man who's sick, right? he has a disease. you want to put him in jail for owning a gun for 11 days. no one was h...

His audiobook that he was using crack, that crack was a beast, in 2018, in october, all he was doing was thinking about buying crack, where he could buy it, and feeding the beast. then you've got his ex-wife saying i do check the car before the girls went in it because i didn't want to find any drug paraphernalia or drugs and she apparently did. and then what you've got is you've got the store owner basically saying he won't know that he was not a legal drug user. i mean, this is about as clear as it gets. the only thing that's going to happen right now is the jury deciding because the people ...

Clear sort of what the defense is here. this is a very unusual case, two charge this these types of cases usually aren't charges standalone matters. so i think frankly, not that hard to prove so i'd like to hear the defense words and see where what what tractor they're going to try to get with the jury is sympathy. >> a defense or a useful defense at times for defendants i mean i think it's sort of not said outright, but certainly you want to engender that empathy from the jury. >> it is you know, there's certainly a possibility that you can in gender enough, enough empathy that you get essent...

Issue or drug overreach, you're over a lay to the case. i find jurors to be very authentic. as you said, kate, i can't think of a family my own included that hasn't had if not directly peripherally, at least some involvement or some experience with someone drug addict as joey said, in his defense narrative we're not here to demonize. we're here to uplift i think that there's a legitimate chance of jury nullification here because people are going to be empathetic to this situation. and i think of the defense hits hard that what was his state of mind when he filled the format as joey said, these...

Other drug case there are lawful users of those controlled substances. there are no lawful users of cocaine base. his best defense is i really wasn't an addict. i may have told people i was but i don't meet the medical definition or really his best defense is one of jury nullification. think about how many gop second amendment tootists there are. they don't think there ought to be any gun laws. addict, convicted felon. you will hear a little bit of a jury nullification argument over the next couple of weeks. >> dana: the jury breakdown as of yesterday, six women, six men, three white females, ...