>> jamie: tough to prove? >> it's hard. first reason it's hard, you only have two people, the person is not there and the other one. so it can be very hard. >> jamie: quick question on jodi arias. another jury is going to be put in place to look at penalties. it was interesting, i went back to check, there is another woman on death row in arizona wildcats who had no prior criminal record, given the death penalty. it could happen to jodi arias, how difficult will it be for that jury? >> i think it was the same prosecutor who prosecuted the case in that case. here, two points. number 1, there are 10 aggravating factors under the statute. only one applies. so in that sense, if i was a prosecutor, i would say, maybe we ought to walk away. point 2, practically, the cost of death penalty appeals, the cost of another protracted hearing, i think they should walk away. that's just my opinion. >> jamie: the think the prosecutor should just take life. he is not backing down on sceek