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That she become very emotional. she admitted she abandoned protocol what do you make of that specific testimony? >> at the end of the day, with the defense going forward with jury nullification. the jury accepts the fact that you are guilty but gives you a pass. with her on the stand, jurors can and have the authority to say, we understand she didn't render aid or go chasing the car. we under she didn't attempt to's

Circumstances. so she undermined herself in a critical wall, but if they get to the point where jury nullification -- we feel bad for her, she has a family, she's relatable -- they have that option, i just don't know from a legal perspective if they can do that. the evidence is damning and compelling, and she didn't do herself any favors. >> she said she is was distraught, she doesn't remember everything, but did you hear contradictions in her testimony? >> well, the idea here of not remembering that she made statements like, i'm going to go to prison. ed idea of not having the memory immediat...

Seems so ridiculous you are asking the jury to ignore your alleged co-conspirators' testimony, videotapes and frankly logic in order to acquit you. and the reason that he wasn't trying to do that he didn't think that people were going to believe his story. he wanted them to vote him innocent or not guilty regardless of the evidence. that's jury nullification. there is some figures who support jury noification, particularly for nonviolent crimes by african-americans. and, you know, this was that pitch. but it comes at a great risk because as a first offender, he might have been able to get out ...

Of a hail mary the way that the defense was operating. explain how to look at it and what nine hours with six men and six women on the jury means. >> well, bret, i think calling it a hail mary is actually being charitable. i think this is what you normally refer to as a jury nullification. i don't think smollett really expected the jury to believe what he was saying. the evidence is overwhelming against him. they have to discard every eyewitness, a videotape, two cooperating alleged co-conspirators. they have to discard all of that i don't think smollett thinks that's going to happen. he was a...

He's trying to get the jury to vote for him despite his guilt. It worked for him in the media for months.