To make that decision and i think that leaving them in a super max facility. megyn: the fact that they want it makes me not want it. if they are there for the rest of their lives and they are in basically a cage. megyn: they can read, watch tv, have correspond, much more than jennifer petit and her daughters can ever get. that s absolutely true. you can t just apply it to the case. megyn: why not? because there are other cases that will also be death penalty eligible. it s not so easy. there is the systemic cost involved in doing this. this makes it a much more difficult trial. most of these cases don t ever end up with the person actually getting the death penalty in the end any way. megyn: do you think this one will? i don t know. megyn: that jury was a tears as they saw the crime scene evidence and the murdered bodies. this is a horrendous case, it turned my stomach just reading about it. it s horrible, horrible. certainly this is a horrible case there is no question. but
Federal code, death penalty eligible. the problem is you have to willfully seek to damage the u.s. or put soldiers in harm s way. i think he was given a promise and was stupid to accept the promise that they would vet through the material. he hacked into a website and then leakedded the information. isn t that espionage, which is death penalty eligible. absolutely. he had to hack the information and the espionage statute read obtaining or transmitting information involving national defense and injuring the u.s. gregg: you have to have that intent and i don t think that was going on. gregg: david, if the first amendment a protection here at all? i m reminded of the pentagon papers case. no question about that. he believes what he was doing was in the interest ultimately of the united states and he does believe i m sure that he s going
Is the hard 50 which is a crime that s particularly cruel or heinous and that s the max you can sentence him to. was he not death penalty eligible. in kansas there have to be aggravating circumstances or a murder committed during the course of a robbery or rape or for a child under 14 years of age. because of that he wasn t eligible for the death penalty at least the prosecution decided that. he did not dispute any of the state s evidence against him right? we want to listen to a portion of his testimony and then have a question for you. okay. i got up at that moment and followed him out and into the foyer area and i, uh, i did what i thought was needed to be done to protect the children. i shot him. wow. wow. so this lack of remorse, a
And miss knight will want to tell their stories. let me make this very clear. that will not be while the criminal proceeding is pending and it will not be until they tell us they are ready to do so. reporter: the fbi expects that healing process to be a long and difficult one. gregg? gregg: garrett, what is the next step in this criminal case? reporter: well, right now we re waiting for the county prosecutor to bring this case before a grand jury and give the way that this case has played out so publicly, it wouldn t be surprising to see that come down fairly quickly. while we know of the seven charges he is currently facing, four for kidnapping, three for rape, cuyahoga county prosecutor tim mcginty may also add murder charges based on the terminated pregnancies. we re hoping to find out today when that grand jury will convene. gregg. gregg: could be aggravated murder, which is of course death penalty eligible. garrett tenney, thanks very much for the latest. martha: a massive wal