effect. dan springer is outside the courthouse. >> let me talk about the aggravation phase. if this is first-degree murder conviction, the prosecution and defense will present very short arguments as to whether or not they think there was an aggravating circumstance which would lead to the death penalty. we've been told by the prosecution what that aggravating circumstance is they believe took place. the crime was done in a cruel, had heinous and depraved american. that's something they'll argue if first degree conviction. if not, the jury is released and sentencing is a later day. >> shepard: in california, murder with special circumstances. those that followed the o.j. simpson trial remember if convicted of murder with special circumstances there would have been the next phase. that's not what happened. chris hughes is a friend of travis alexander, at one point a