capacity. the argument was that his capacity was diminished, he had a bad childhood, and he was also sort of the sidekick to the other defendant, joshua kurmensinsky but they re not buying it. this was split, the bifurcation between the cases, these are ag gating factors obviously, terrible childhood, lesser role, and nobody bought it and even opponents of the death penalty in my humble penalty are going to think this is the right decision. jon: the fact that he tried to commit suicide before this trial even began, does that in any way give him some kind of a window for an appeal here? that s a very good question, actually, jon, because that s right, it could be viewed potentially as somehow prejudicial but again, one of the ironies of course is in a death penalty case the appellate process gets to be that much longer, on and on, and the average statistic is something like 12.2 years and all of that, so sometimes ironically, you