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>> we believe that is a significant mitigating factor and causes us to choose not to impose the death penalty in this case. >> reporter: the jury must be unanimous when voting for death in colorado that means a sole juror could save him from execution. well earlier in the show we mentioned the defense lawyer say that hillary clinton could face federal corruption and bribery charges. and "voters may have short memories but after last 6 years of scandals and deceptions we're weary of this." more after the break. s

Incredible smack about isaac and i have to look at isaac while i do it it would make me like -- it would be a mitigating factor you know what i mean. >> like crazy eyes. >> exactly. i hate -- easier to say than i hate -- >> the"the rachel maddow show" is brought to you by parkercific life, the power to help you succeed. uture to look like. for more than 145 years, pacific life has been providing solutions to help individuals like you achieve long-term financial security. bring your vision for the future to life with pacific life. talk to a financial advisor to help build and protect your retir...

I have to look at isaac while i do it, it would make me like -- it would be a mitigating factor, you know what i mean? >> like crazy eyes. >> exactly. i hate -- easier to say than i hate --

Tell us how this is going to play out. this key phase is certainly not the last phase of this case. >> well it could be the last if it was somehow an acquittal. i don't think anyone believes there's any chance he will be acquitted of these counts. on the assumption he's convicted of at least one of 17 death penalty counts there will be a move to a new trial. the same jury will begin -- will hear evidence on both sides. the prosecution will put on evidence of what's known as aggravateing factors and then the defense will put on evidence of so called mitigating factor factors that a argue agains...

Prosecuting this case the one thing quite frankly that i would point to are the writings that he made in the boat. >> that's what i wanted -- sunny, he clearly wanted to die. >> sure. >> this is a thing obviously when it comes to islamic extremists the idea of martyrdom. can that be used by the defense, don't give him martyrdom? >> that can be used by the defense in argument. certainly that is not a mitigating factor. but it can be used in the argument. we are going to see sort of a mini trial. but i think it weighs perhaps in favor of the prosecution, because the defense is arguing that he wa...