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Wanting to be put to death was really just to influence or manipulate the jury in some fashion. >> shep: when you look at aggravating and mitigating, these are item which is are spell out and it appears to most court observers that the aggravating circumstances are there. >> yeah. i think that this is a clear case where the cruel, heinous and depraved nature are just overwhelmingly present and i think that the jury is going to come back pretty quickly on the aggravating phase. it's interesting, as long as this trial has taken, both the prosecution and the defense completed the whole aggravatin...

Justice center every day you don't hear a lot of scuttlebutt in the hallways. this could be as important a phase to the trial as the guilty phase of the trial because we will see a lot of people testify on his behalf, people that thought he was a good person, a good doctor, and it may be very helpful. he has a constitutional right to testify or not to testify. when it comes to the mitigation phase, he may do well to testify and let the people humanize him and avoid the harshest penl pmt i think we can very much expect there's going to be plenty of evidence, plenty of testimony open when it com...

Freedom, i would rather have my freedom as soon as i can get it. >> ted rowlands joins us from outside the courtroom with ashleigh banfield. welcome to you both. >> thank you. >> hi. ted, i want to start with you. what will happen in court today? >> well, we're starting the penalty phase, carol and it will start with the question to the jurors, was this cruel? was this cruel enough under arizona law to make jodi arias eligible for the death penalty? we expect a fairly shot hearing on that, three or four hours today, may extend to friday, but relatively short, with one witness. if the jury says...

Done, they have to take a vote on that. then they go to the mitigation phase. and i would imagine that the defense will, as they say, put on a full court press. karen, what do you think? do you think this verdict are going to -- sorry. this judge is going to uphold the potential for a death penalty in this case? >> well, martin, we know that death penalties against females are very, very rare. most people do not like to kill other people no matter what the circumstances. and depending on what the religious convictions are, obviously people don't like to, you know, murder isn't right or death...

There are phases. there's the guilt or innocence phase. after that there may be an aggravation phase where we have to find out whether or not there were aggravating factors. phase three, will she get the death penalty or not? the mitigator's role is to develop the humanity of this advent. they're more like social workers. they have to interview people and ask very personal, very uncomfortable questions about this defendant's history. they are absolutely critical, constitutionally required and the fact she's been 40 or so times, absolutely acceptable. nothing strange about that. in fact, the mo...