and she lied twice and been hearing same refrains, i am going to say, dan, he is playing a little bit of a dangerous game on some level. number one his affect and demeanor or indignation . jon: he is pretty angry. we don t know how that is hitting the jury. he is angry. number two, swinging for fences to insist on first-degree murder. i don t know whether in the charging conference they will talk about a lesser included. jon: that 62-second thing i was talking about earlier, this, i don t know too many murders in which the crime is partially documented, maybe accidentally, on digital photographs but she apparently was taking photos of him in the shower. then she dropped the camera. the camera apparently went off and you know, there is a shot of his body already. that is supposedly, well, what caused him to go after her. so in 62 seconds, the prosecutor said, she takes a shot of him. drops the camera. he gets enraged. she runs down the hall,
go ahead. if they don t, if they do, 2 gives the jury an out. if one juror says i m not sure it is premeditated. is there lesser included? oh, yes. jenna: she could be convicted of admitting killing travis. quick explanation. they re not charged her. they re allowed to charge first-degree murder and lesser underneath. they haven t. however, either side can still request the judge to instruct the jury even if you find that the element of premeditation is missing you can still find her guilty of manslaughter. in the boston nanny case, jumping back to that the prosecutors went for fences. judge we don t want the instruction and the woman was found not guilty. that is problem. will be interesting to see what the prosecutor s view is. question for the prosecutors right now do . jenna: will we hear that at very end of the closing argument. before the charging conference. before actually charging and jury instruction. you expect closing arguments to happen this week? i wo
decisions on those? well, actually, the judge is a little frustrated because the instructions weren t prepared by both sides when they had a discussion about what they thought should come in and the charging conference, if you don t want the judge to give the instructions that he prepared, then you should draft up your own version and argue why that one should be given. as a result of that, they ll be meeting at lunch time to finalize the instructions but most of the instructions in a homicide case are pretty standard, pretty prefunctory but the judge s obligation is to give the right instructions. the standard ones can be found to be wrong after the case has concluded. that s why all this effort is being made. we know that the florida rules don t allow you to present anything in your closing arguments that has not been presented as evidence, probably why the judge ruled that the jury instructions and the closing argument could not bring up the sexual abuse that jose baez alleged i
charging conference tomorrow then we will here closing arguments on saturday. the judge said once they start deliberating he is not going to stop the deliberations for anything. we can anticipate that they will be deliberating until they reach a verdict, even if that is july 4th or after. gretchen: closing arguments, are attorneys given a certain time limit on this. i ask in a death penalty case, how long do you need, whatever they want it they got. this is not the case where you want to be snipping minutes off the end of a closing. both sides said they wanted half a day. i anticipate if they do it saturday it will pretty much take the entire day. and the jury if they finish late saturday the judge will be instructed by judge perry on the law right away and retire to deliberate. how long they deliberate, it s up to the judge and jury. the judge sometimes says i m not going to make them stay past a certain hour. i used to let the jury decide. i ve add jurors who decided they wanted to
is if you put her on the stand, frankly i said from day one i do not think this is a death penalty case, in the sense i do not believe she will get the death penalty. that being said, if you put her on the stand and she becomes so unlikeable to the jury, which she certainly could, because they ve heard her lie over and over again and just put her family through all of this. they could change their mind and actually lean in favor of death. so it s certainly possible that the defense at some point said, let s work on saving her life. gretchen: judge, give me a sense of a timeline here now, because we heard from our reporter down there phil keating that the state will have rebuttal. how long do you expect that to last. i ve got to tell you, phil knows the case probably better than i do. he s covered this from day one and is in there all the time. my suspicion is the rebuttal case may go about a half a day. they may wrap it up today. if the judge wants to have the charging conference ton