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He never went there with the intent to do her harm or to kill her, but to confront her over something. i think you'll likely see this was a break-up situation where he went there perhaps an altercation broke out between the two of them, and then the next thing was that it went too far, and she was killed. trying to bring this case into a manslaughter type of situation, the defense will say there was no premeditation, there was no deliberation, but this was a heat of passion type of killing. jane: so the best you can do is get a lower charge? >> well, that's certainly what they're going to focu...

These two could certainly be relevant, and, you know, i think that it's really bigger than whether or not he had specifically the intent to kill, but the question is really did he have the intent to harm? i think the defense is going to have a really tough sell in this case on that issue because we have a door that got kicked in, we have a confession or a statement, if you will, wherein he's telling the police that he shook her violently and her head was banging against the wall. you know, certainly that was not an accident, the way he's describing it, and i think what the defense has got is a...

From not just '08 when of course president obama was on the ticket and really boosted democratic turnout but also from previous years. a sign that energy on the democratic side is probably going to remain somewhat anemic in what is likely to be a rough year for them in 2010. jane: carl cameron in indiana, thanks. jon: new details about the murder that has shocked the university of virginia. the accused lacrosse player, admitting to police he slammed his former girlfriend's head against the wall, but he didn't mean to kill her. so how will prosecutors move ahead with this case? plus, we are h...

Ralph, part of the untold story here is the fact that he was said to be extremely upset about the effectiveness of the predator strikes that have actually been doing a great job in taking out some of these terrorist leaders in pakistan. >> well, that's what the news reports are indicating, and it certainly -- an illustration of that is how amateurish this attack was. it's much more difficult these days for the terrorists to prepare operations, particularly in far off places like the united states. the training has to be more fertive, the types of training catches they can use are less establis...

Both. >> thank you. jane: jon? jon: the accused times square plotter is behind bars and talking. attorney general eric holder says he's already admitted he tried to set off that car bomb. what does it mean for his trial? what's next for prosecutors? judge napolitano is here live to weigh in on some of the controversies in that case. and a hero navy seal accused of roughing up a suspected terror suspect, his court-martial is already underway. we'll get you caught up on the mccabe case. @=h