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Was a fierce antismoker, and the weather that night was freezing, windy. >> can you tell me whether or not there was any substantial outerwear that the defendant either had in his luggage or that he was wearing? >> no, sir. there was a suit jacket. >> okay. >> that was the only outerwear that i'm aware of. >> reporter: jason chose not to testify this time. the defense fought back of course. they argued the gas station attendant's memory couldn't be trusted because of a childhood brain injury. >> i have had memory problems since '06 because i've been through a lot with myself and my kids and my...

>> reporter: jason said he went out a second time to smoke a cigar. but prosecutors contended jason was a fierce anti-smoker and the weather that night was freezing, windy. >> can you tell me whether or not there was ever any substantial outerwear that the defendant either had in his luggage or was wearing? >> no, sir. there was a suit jacket. >> okay. >> that was the only outerwear that i'm aware of. >> reporter: jason chose not to testify this time. but the defense fought back of course. they argued the gas station attendant's memory couldn't be trusted because of a childhood brain injury. >...

Judiciary committeeb and she mentioned the fact that to be in the senate you generally have to with be really smart. these are a lot of really smart people who respect each other's intelligence and hard work for the most part. >> and you are not speaking of the senate? >> there are many senators who may joke about the house of representatives unfavorably, and we will not do that here obviously, but the senate is still a place where the people like to think of themselves as a body of equals and the most distinguished -- and go ahead, andrea. >> you can see there for a moment, the short figure i...

Out a second time to smoke a cigar. but prosecutors contended jason was a fierce anti-smoker and the weather that night was freezing, windy. >> can you tell me whether or not there was any substantial outerwear that the defendant either had in his luggage or that he was wearing? >> no, sir, a suit jacket. that was the only outerwear that i am aware of. >> reporter: jason chose not to testify this time. the defense fought back of course. they argued the gas station attendant's memory couldn't beep trusted because of a childhood brain injury. >> i have had memory problems since '06 because i've ...

But prosecutors contended jason was a fierce anti-smoker and the weather that night was freezing, windy. >> can you tell me whether or not there was ever any substantial outerwear that the defendant either had in his luggage or was wearing? >> no, sir. there was a suit jacket. >> okay. >> that was the only outerwear that i'm aware of. >> reporter: jason chose not to testify this time. but the defense fought back of course. they argued the gas station attendant's memory couldn't be trusted because of a childhood brain injury. >> i've had memory problems since '06 because i've been through a lot...