did he use a weapon of mass destruction? did he use that weapon maliciously? did he use it in a public place, in using it were people killed were people injured? those are the questions that relate to the particular counts the jury had to decide. but with regard to all of those counts, if you listen to the testimony from the beginning to the end, the reality is, in those 92 witnesses that the prosecution put forward, i think they established a very compelling case to meet their burden of proof beyond a reasonable doubt that he's guilty. >> another 30 counts 17 carry the death penalty, is that right? >> yes, that's correct. and therefore if there's a guilty count as to any one of them it would make him death penalty eligible, of course. but, again, i think that will certainly be a moot point. the verdict will be rendered soon and i think thereafter we'll see he's guilty as to those counts. were there mitigating factors that can spare his life which the defense has been attempting