we say, "police brutality." and white folks see that same film, and say to the jury, "he resisting arrest". they figure they can kill a black person, the all white jury, they'll find him not guilty. and that's been the practice over the years. >> the admitted klansman stood stone-faced as the verdict was read, but moments later turned ashen, as the words "guilty of capital murder" sank in. there were gasps and muffled cries in the packed courtroom, not only from hays' family, but the family of michael donald as well. it took the jury 26 minutes to recommend life without parole. judge braxton kittrell will sentence hays on january 19th. >> in the state of alabama, the way the law works is the jury gets to make the recommendation for sentencing in a capital crime. they can either recommend life without parole or they can recommend death. this particular jury for henry hays recommended life without parole. however, a white judge, in the mid '80s, in mobile alabama, rejected that recommendation from the jury and, instead, sentenced him to death.