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That should warrant a second degree murder conviction. the only question is whether they credit the testimony of him swivelling around in her direction and the photographs that show he looked in her direction. that equals intent. will it equal the most serious charge of first degree murder? >> martha: mark, for his defense. what did they argue with his state of mind and his ability to have intent in this case? >> well, they are arguing here is a guy who possessed a weapon because he found it. let's assume that to be true and this device according to experts that the defense called is known for...

This guy gets off from this. >> martha: mark, go ahead. >> i can't envision -- maybe one knucklehead on the jury who said the gun not off accidentally. i don't see a unanimous verdict where all of them in light of the victim's father's emotional testimony. i tried over 150 jury trials. the worst thing when i am defending someone is the emotional testimony. jurors through a not guilty verdict would say to the father i would push aside your tears. in a close call that emotion will carry the day. >> martha: very true. i think everybody can sympathize when you look at this family and look at kate ...

By waiting for the tense moments to pass. the jury has their verdict. they are ready to go. it's a question of getting everything, all of the ducks in a row. as everybody sits down in there. the steinle family is not in the building. you won't see their reaction. we will wait to hear from them as this news sinks in as the moments pass by. mark, the criminal defense attorney, and mark a scholar and fox news contributor. mark, if you could give us the landscape as you see it. if this goes one of two ways. if he is convicted. it's a win for the steinle family. they are the central focus of this. ...

Into the victim. it did ricochet which would suggest it went off accidentally or he was firing it recklessly which would lead to a second degree murder conviction? >> martha: mark? >> the only possibility, his only defense of getting off of this is saying it was accidental. it doesn't matter if he looked at kate steinle in the eye and said i will kill kate steinle. he didn't know who kate steinle was. he was trying to kill somebody and fire it into a crowd, that's second degree murder as mark said, but it's murder. the city of san francisco, anyone who supports some kind of daca fix or changes...

Hallway. it's a stunning verdict in the kate steinle murder case. it's a heart breaking verdict for the steinle family. the only charge he was found guilty of was felony possession of a weapon. mark, your reaction? >> it's so ironic that someone who is not from here gets the benefit of reasonable doubt, the burden of proof. all of these wonderful cherished freedoms. that's what saved him. the prosecutors had the burden of proof. the defense put on experts that they probably thought would advance the defense's claim. the jurors were not convinted beyond a reasonable doubt. the jurors could say ...