opportunity toaw weigh their options as to whether sandusky will testify north. all of that will be on the record outside of the hearing of the jury sony appealable issues wouldn t take precedent down the road. there only needs one juror to believe jerry sandusky or his wife s testimony where she talked about these alleged victims being clinging and conniving. had matt sandusky testified he would have been the only family member, someone who would have been in the home regularly with jerry sandusky to give what could have been potentially damning testimony. i m asking you if jerry sandusky is found not guilt which this come back to haunt the prosecution if they have his own adopted son to go against his father. it s possible. i m sure they made a calculated weighting of the evidence. we re not sure what he would say. he may say he heard the boys crying out or something that happened to him. we don t know what he would say.
sandusky was in the courtroom. his lawyers motioned him to a conference room just outside the court to confer and then after about about five minutes both the lawyers and sandusky emerged to go back to the judge s chambers so clearly there are some very intense discussions going on right now about whether sandusky s going to take the witness stand. his lawyers may be saying, look, jerry, are you sure you want to do this? outlining what could happen, what could not. we actually don t know but we should know any minute whether sandusky takes what s going to be the biggest gamble of his life. michael isikoff there in bellefon bellefonte. thanks so much. joining me now to talk about this and the defense strategy is former prosecutor and defense attorney b.j. bernstein who specializes in child and sexual abuse cases. as you listen to this and we all wait for the definitive word
also founder of the victim advocacy and research group and b.j. bernstein who specializes in child sex abuse cases. thank you for being here. good to be here. the defense is alleging it s a condition in which people act in a very emotional and dramatic way that draws attention to themselves. what do you expect the prosecution psychologist will hear from sandusky today? is there any chance any other evidence can be gleaned? would it be admissible? i ll let you have first crack at this, b.j. well, honestly, my assessment is this is a very wobbly hail mary pass on the half of the defense to bring this up at this late hour where they filed the motion. they re opening sandusky up to a full examination by someone from the state today which could cause even more problems. and they may actually change their mind and abandon this notion depending on what happens with this examine tod today.
some of the patterns that would fit for pedophilia that make you feel like sandusky, you know, loves these children, writes these letters, is around them all the time is something other than pedophilia. the problem with that is that the state, the commonwealth is going to be easily countering that this particular disorder is mostly for women and is not used in this fashion. and in fact, may be removed from the dsm in this next outcome by the forensic psychiatric community not even recognizing this anymore. and thus your qualification hail mary pass. but to you, wendy, if the defense is saying there s a personality problem, are they admitting guilt? well, not really. i mean they re not going to say, yes, he did it and here s why. that would be a problem, obviously. no, i think they ve got this is a nutty, not to be funny here, but a nutty disorder that has roots in sexism, histrionic
reporter: from what we understand, rodney king s fiancee called police shortly after 5:00 this morning. she heard a splash in the pool. before that they had been talking. she called the paramedics. police arrived and took rodney king out of the pool and did everything they could to revive rodney king. cpr failed. they took him to a local hospital. all their efforts did not pan out. rodney king was not revived. we do know rodney king was an avid swimmer. it was part of his physical therapy. we talked to him at cnn recently and he explained how he went into the pool and kind of used the pool as a sanctuary. they didn t find anything around the pool. right now, the preliminary investigation is indicating it appears mr. king died of a drowning. however, the police department, the detective bureau is investigating the incident. there were no obvious signs of trauma. police also said there were no signs whatsoever, at least at this point, of any foul play. rodney king recentl