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Foster. thanks. isn't it true that if she really does want to face the death penalty, that she could have avoided all of this? >> well, i'm not sure what you mean by avoided all of this. you mean plead out in the first instance? >> shep: yeah, just say hey, kill me? >> well, she certainly could have pled out and pled guilty to first-degree murder. that was going to be the only charge that the prosecution would take. there was never any plea bargaining, anything offered to her. she offered to plead guilty, i believe, to second degree murder, but this was always a murder 1 case. >> shep: my poin...

Latest updates on this topic from reliable sources.

Latest updates on this topic from reliable sources.

Showing any number of reasons why they should not put jodi arias to death. you heard jody in her interview she gave, she indicated her defense attorneys had told her there weren't any mitigating factors. the factors are spelled out by statute and they're saying such as does she have any prior offenses? does they have good character? things of that nature. but when you look at the statutory mitigating factors, there really aren't any that i think are really going to carry the day for her. this is a really tough case for the defense. >> shep: defense attorney brian foster with us from phoenix th...