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Risk of an attorney to advise that frankly. that's what this defense team is going to do. that's the position they're taking. and the argument for the judge is there are no facts to support manslaughter or aggravated assault. the only facts argued by the prosecution throughout the case is second degree murder, that ill will, spiteful, depraved mind type of intentional killing. that's what the prosecution has argued all along. i would argue for the defense. that the fact, jus just aren't e for the lesser charges. >> thank you both. we'll be back to the trial when it begins. first, trivia time. ...

You don't want a the sports figure to be a role model, although they will be. but if spitzer really cared about new york city finances, why not apply for a job in the comptroller's office. why not simply apply for a job. he wants to win office. >> how it happens that four days before -- today is the day that the signatures are due. and the fact that he announces this four days before really does make me wonder where this came from. and he wants to expand the office of comptroller, make it bigger and more powerful. i do take your point. >> that's what new york wants, a more powerful comptroller...