to make that decision and i think that leaving them in a super max facility. megyn: the fact that they want it makes me not want it. >> if they are there for the rest of their lives and they are in basically a cage. megyn: they can read, watch tv, have correspond, much more than jennifer petit and her daughters can ever get. >> that's absolutely true. you can't just apply it to the case. megyn: why not? >> because there are other cases that will also be death penalty eligible. it's not so easy. there is the systemic cost involved in doing this. this makes it a much more difficult trial. most of these cases don't ever end up with the person actually getting the death penalty in the end any way. megyn: do you think this one will? >> i don't know. megyn: that jury was a tears as they saw the crime scene evidence and the murdered bodies. >> this is a horrendous case, it turned my stomach just reading about it. it's horrible, horrible. certainly this is a horrible case there is no question. but the problem is you can't