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He hit them in the back. >> the difference was in american sniper, he was clearly mentally ill to some degree. >> and she was clearly not the person who did the killing. >> well -- >> there's a mitigating factor in both of these. >> this is a cold-blooded planned killing for money. and the law's always taken a more jaded view of that kind of a killing than something done in the heat of motion or passion. >> as it relates to mental illness, the death penalty can't be applied and that's a big point. >> and on an i.q. lower than 70, probably would have had an easy time with him and suggested he w...

That's telling as to the feelings of the people in the community, those who there are many other states that do have the death penalty, 32 but the reality is is that it's a federal trial and as a result of that, you're governed by federal rules. now having said that i think that you can make the argument that look maybe people in massachusetts are predisposed not to give the death penalty but those people pre-disposed not to will not be serving on that jury, because if you're not -- it's not about your personal views, ana. it's about whether you can put them aside and do what you think is prop...

Is doing is attacking all of this, and at the end of the day, he can't t away attention for the two taped phone calls made by this woman setting this whole thing up. heather: ashley, i wonder if they're trying to use this as sort of a mitigating factor in the case. what do you think of that? >> oh, definitely. they're trying to divert any attention they can from these audio recordings. there's nothing worse than when your client commits a crime on tape. and they've got an audio recording of her hiring this hitman and trying to make these arrangements. they've got to do everything in their powe...

Of doing the crime. >> correct. he was convicted, found guilty. the jury convict requested him in one hour. look, my mother used to beat me with a wooden spoon. does that mean i'm going to get away murder? in order to show ineffective assistance of counsel, you have to show that the trial outcome may have been different, but unfortunately for this guy in this case, it would have been harmless error. the evidence was overwhelming. and again, under texas law a mitigating factor has to have some nexus to the crime committed. i'm sorry, i think this guy's testimony and this evidence, and there's n...

Faces the insurance companies to clued with the administration to make -- collude with the administration to make the affordable care act look affordable and we know from experience when you sell plans to sick people and healthy people at the same price only the sicker people signed up and the premium goes way up. this incentivizes the insurers to price the plans lower that whan it needed to cover the cost of care of people who sign up and then let the taxpayers bail them out. >> so these numbers net-net, aren't really wowing you. >> no. in fact, it suggests trouble ahead there is one mitigati...