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And eat several women, including his wife, as well as old college friend. he used a police data base to look up information on potential victims. the defense seem says he was fantasizing and didn't act on his thoughts saying no women were hurt. but it caused a debate whether defendants ought to be convicted based on intent. and joining me live is kimberly guilfoyle who was assistant district attorney in san francisco. >> if you had your role of district attorney and the case came before you, would you prosecut prosecute it in the same way. >> and this is someone they truly believe is a menace ...

Of what was done over the last several years in this unique arena of forensic science, specifically dna. >> reporter: at first police couldn't match dna at the murder scenes to any suspects. franklin had been arrested 15 times in 40 years, but his crimes were never considered serious enough to send him to state pris wherein he would have had to give dna samples. >> we're trying to think outside the box. he's outsmarted us for 24 years. >> reporter: one of those other avenues turned out to be a brand new technology called familial dna. while there was no dna sample for franklin in any police da...