dying declaration. that suicide note is very harlful to the defense of this matter and it definitely will come in the trial of this case. however, that suicide note also shows how crazy this woman was. this is an affirmative defense to deprayed heart murder which in this case this woman is charged under new york pennal code, 125 section 4. which if you exercise depraved indifference to human life and victim is less than 11 years old you can be charged with murder. there is an affirmative defense to that if you have suffered extreme and severe emotional distress, you can be brought down to manslaughter. the charge can be brought down to manslaughter. doesn t necessarily mean the case is going to be dismissed but i think there will be a battle of the experts here, this woman is one fruit minus a full fruitcake and there are real issues. jon: doug, my understanding the autopsy didn t find traces of peanuts in the little girl s body. doesn t that help exonerate
interesting that the highlighters were requested but no questions. i thought that perhaps it came from the fact that in california and in this case the jurors were allowed to take notes. so, rather than come back into the courtroom and ask for read-back of testimony, which was sort of the practice when i was practicing law in washington, d.c., as a prosecutor, perhaps they needed the highlighters to remind themselves of the most powerful evidence that came in front of them or perhaps to go through those jury instructions. remember, there s only one count here, involuntary manslaughter, but the jury instructions were actually quite kmrefl. that is because this case is much more of a medical malpractice type case rather than sort of the typical hom stied that we all see on csi and that sort of thing, homicide by gun, by knife. so perhaps they needed it to weed through the elements that were outlined in the jury instructions, which again were pretty complicated. reporter: le
juror, they get a hung jury, so the idea is to inject reasonable doubt into this case, and dr. white has the potential to inject such doubt. you called us a few weeks ago and said it would come down to a battle of the experts. how are jurors going to be able to determine which expert is the most credible? well, the jurors are always told they bring their common sense into the jury room and must assess the credibility of experts in the same way they would do with other witnesses. you have many experts on the side of the prosecution, each of whom seem very credible. now you have the addiction expert and dr. white. it s going to come down to dr. schafer versus dr. white and in many cases they might cancel each other out, which is not good news for the defense. thank you so much. nashville police arrested 30
nice man, what are we going to do when they start fighting? is that bad for the against? arthur: in good for, the defense called this doctor and his credibility is what is at issue. i will tell you as a defense attorney i instruct witnesses don t fight with the prosecution. but it makes it seem like you are hiding something. he should having in to hide and should antithe questions freely and openly and the same way he answered when the defense attorney was asking the questions. so, usually that doesn t play well to a jury. why isn t he antiking the question you? shepard: you have a different take? randy: i couldn t disagree more. the questions, cross-examination, 101, short questions. get into a rhythm. he is asking 45 minute questions and the witness had every reason to say i don t understand. they were not intelligible. i got news, battle of the experts? tie goes to the runner. the jury is left . arthur: i don t know .
the legal panel, arthur aidala is back and assistant d.a. in brooklyn, josh. it sounds like this will come down to propofol and two witnesses. arthur: a battle of the experts and the prosecution deserves credit they had very well prepared expert doctors, various degrees of qualifications who put on a very simple explanation to the jury about the misuse of the drug. the against has to come in like a steamroller and do the same thing. they are setting the table by saying, look, he called 9-1-1 in a reasonable amount of time after he spoke to the fire department and after he talked to his girlfriend. they can only make chick be salad out of what they got and it may be chicken poop but they are trying to do the best they can, what they really need to do with the four or five doctors saying, although this is not the perfect way to use propofol this