new jury will decide whether she lives or dies. talk about it with former prosecutor doug burns and fox news legal analyst lis wiehl. so her attorneys say that there are several witnesses who would testify what a great person she is apparently but they won't testify in open court. therefore they, her attorneys are saying she can not get a fair sentencing -- >> transparent ploy bit defense attorneys to try to put this out there. many of these people already testified. which means the sixth amendment clause in the constitution has been met. she had right to confront accusers before. now they say, they have gotten to the sentencing stage they won't testify. boo-hoo, take the death penalty off the table. it will not work with any judge. jon: what about it, doug. >> the point the judge has the power to direct them to testify. in my case the guy insists i'm not testifying.