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Fox 29 in philadelphia. i have just gotten word that andrea constand, the victim in this case, who just received justice in this case, will speak scheduled for 9 minutes from now live at the courthouse. think of all that she's been through. kimberly gillfoyle, former district attorney. to think what andrea constand has had to endure over the months and years, kimberly. >> yeah, can you imagine? this is one of the areas that i had in the san francisco da's office, trying sexual assault cases and brave prosecutors that are tenacious and have fought over the years. we have to start early on writi...

It's actually speculative. she is purporting to explain, as hillary has tried to do, why hillary lost. and she's revealing that she is making assumptions about half the people who will be appearing before her bench in the court. in that sense, or speculations, as thee lawyers like to say, hae no probative value. she's a judge and she should know better than to concoct evidence based on her own assumptions. i think this is terrible. you know, i loathe the rule judges which alas, this great republic has dwindled down to. but people accept because they think they are a kind of super legislator, n...

Death penalty and if therefore they should push for him to get life. >> i love that. and i think we'll see a lot of that at a penalty phase if we reach the penalty phase, which is likely. he was under the sway of his older brother who was sort of a tyrant and also that he's so swayed by religion that this is what he believes now. there's a caveat to that. in federal death penalty cases it's a unique. ultimately the jurors have to certify that religious beliefs and things like race from have no part in their ultimate decision, which is sort of a paradox. how do you possibly not consider that is...

That would also be inadmissible here as collateral prejudicial evidence. the prejudicial value outweighing the probative value, but, boy, i'm not sure in south africa if that's the case. >> ex-girlfriends are never going to say anything good. that's like putting your mother on the stand to say how wonderful you are. >> that would open the door. in the american courtroom if you bring your character into play that opens the door to prosecutors who say he's an awful guy, here's the ex-girlfriend. >> you got to be careful just because you preclude evidence on the prosecutor's direct case doesn't m...

To make a decision on emotion. it didn't do that. it had probative value. it showed she was a knowing participant in the conspiracy. i don't blame them for keeping it out but it was the right decision to let it in. gregg: she confessed to planning the robbery to a detective but the defense has a very interesting take on this that might avoid felony murder and that is, wait a minute, yeah there was a robbery that was planned but the victim was not killed during the robbery but during sort of a sex act that had gone wrong and there is some evidence of that. >> well, not only that, you know, and ...