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charge which the judge allowed them to consider. the prosecutor was flabbergasted. >> i -- i just about passed out and so did the defense attorney. nobody argued manslaughter. >> reporter: she wanted to know why the jury rejected her argument of premeditated murder. >> i went back and talked to the jury. and they said, "well, you know what we think? we think something just went on up there that got out of hand." >> reporter: the judge had a lot of latitude in imposing the sentence. manslaughter could carry anywhere from a few months to 40 years. a lesser conviction of a lesser charge, but the judge threw the metaphorical book at him. >> she did. >> reporter: forty years without the possibility of parole. >> correct. >> reporter: the maximum sentence. greg harris has a new lawyer who's trying to get his conviction reversed, saying the judge should never have presided. before trial, judge trudy white disclosed that she knew the victim and that chiquita had been her law clerk. the defense didn't object.

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