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This week we heard for the first time casey anthony may have been abused by her parents. is the defense going to blame the murder of her 2-year-old turned 3 during the investigation caylee on her grandparents? >> i don't know if they are going to do the murder of it they are clear in court they are going to use it in the guilt phase as well. your thoughts? >> during questioning this week they were gauging the jury's reaction to possibly bringing that in as a mitigating factor. it's not the first time we have heard allegations of abuse. casey wrote about them in letters to a pen pal and she a...

We're joined by former faa chief of staff michael goldberg. thank you for being with us. this has gone from the sublime to the ridiculous with one mitigating factor in between, when we heard transport secretary ray lahood say in some cases these air traffic controllers get off work and have to be back on the next shift within eight hours. that seemed short. what is going on out there? >> i think we need dr. sanjay gupta to do a medical evaluation. the controllers are exhibiting all the symptoms of stress. they're fatigued, sleeping on the job, they can't focus, they're watching videos. it's a ...

Terms of the death penalty. if anyone can prove an insanity defense, it would be this dream team attorney. >> if he is proven insane, if they go for that, does he avoid jail time? >> he does not automatically avoid jail time. you know, he would, perhaps be placed, if found guilty and convicted placed in a mental institution. if he is still found guilty and not legally insane at the time it happened, it could affect his sentence. he could be not given the death penalty and life in prison. it's a mitigating factor. certainly, i think this defense is going to be all about insanity. we have seen t...

Jury in that area, i can assume they're going move for a new venue? >> i think there is almost no doubt. i think there is a chance trial try somewhere outside of the tucson area. i think also, too, the prosecution you've got to think there is such a powerful case here, why would we want to subject a verdict to being challenged on this issue so you're taking a potential argument that could be made down the road away from the defendant by saying let's transfer this trial to a story city which isn't as closely involved as tucson was. >> shannon: meg do you think you'd attempt an insanity defense?...

Appeals ross agreed to accept that sentence and forego further litigation the judge intervened and diagnosed ross with sexual sad disism. >> he should never had been convicted or if convicted he should have been sentenced to death because sexual sadish is clearly a mitigating factor. can you cite any authority in which sexual sadism has been defined as a mitigating factor? >> no. >> sean: oath calls on judges to administer faithfully and impartially. did the judge have an ax to grind? documents revealed he was involved in the ross case years before he presided over it as a judge. they even exc...