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Incident, stand by. other teens tweeting and texting about it and the question is whether this young woman shown being carried by her two alleged rapists, was in any condition to consent and could they possibly have believed that she was capable of consenting on the night in question? joining me now, david, and mark eiglarsh former prosecutor and now defense attorney. this is not open and shut case, i want to say that. the boys claim they're innocent and that she did consent and they have some evidence to back up their claim, but the prosecution's case is also strong. mark, let me start with y...

Stuff that comes in for the defense. here is the question for you, mark, does it come in, it wasn't just the two boys at the center of the controversy, the team and their reaction to the condition of this woman became the center of this story for a while. here is a teammate who wasn't there for the alleged act, but shown a videotape or saw the girl shortly thereafter and listen to his attitude about her. >> like if she wakes up-- >> i don't think that she-- >> and-- >> and he goes on and on, does that affect the judge? >> it should absolutely not. a judge, interestingly enough, who is the one ...

Was at at least one planning meeting for this conference. >> megyn: here they are, playing the ukulele on our dime, getting ready for the conference where they he get the commemorative coins and play with the mind reader and whatever else they did and we paid for. >> looks awesome. >> megyn: fantastic, if i didn't pay for it i'd feel better about it it. but he said they did not brief him of the details of purchasing and contracting and wasn't heavily involved in the planning. the question is, guy, does that excuse him? i mean, he was the last man in charge. can he get out of this by saying, i ...

Shooting victims are made public, the american people would cease to support the n.r.a. and its gun rights movement. lars larsen is a syndicated radio host and joins me now. lars, sorry, there's background noise, i hear at cpac, i know. >> yeah. >> megyn: but your reaction to moore's proposal? >> well, obviously, not a lot of michael moore fans here at cpac today, in maryland. but i have to tell you something, moore's suggestion is disgusting. and it's beyond a question of whether or not the photos should be be shown because they would violate the privacy of the families of the sandy hook vict...

Engage in the same endeavor that we're contemplating doing with the second amendment, in the context of the first or fourth amendment? >> i'm not a 6th grader. senator, i've been on this committee for 20 years. i've studied the constitution myse myself, i'm reasonably well educated and i thank you for the lecture. >> reporter: the assault weapons ban would prevent the sale and transfer of 157 military style assault weapons and ban large capacity magazines that can hold more than ten rounds of ammunition. next up for the bill is on the senate floor likely to happen next month. >> megyn: steve, ...