clayton, put the knife down. defense attorneys didn t dispute that clayton whittemore killed alex kogut, didn t even try. and they didn t dispute that his anger was years in the making. but they argued this wasn t a case of murder but. the client was guilty of the lesser charge of manslaughter. why? they said he was under the influence of extreme emotional disturbance, when he killed alex kogut, because clayton whittemore was a victim himself. [inaudible] that is clayton talking to the 9-1-1 dispatcher, hours after the murder. he s talking about his dad. telling the dispatcher his father had abused him and his family for years. that s my entire life. did you see a lot of it? i thought all. getting beaten in the
deadly allergic reaction to spray tab. defense attorneys didn t mention that once the trial opened today. instead, prosecutors brought up the bizarre theory attacking it right out of the gate. phil keating is covering the trial live in miami this evening. this spray tan issue will still play an important issue in the case, right? that s because defense investigators will testify they found small pieces of spray tan evidence on a magazine and a tiny smudge on the wall indicating no sign of a struggle. and, thus, no murder inside the courtroom today on day one of the murder trial. adam coffman appeared quite confident that the defense thrust now that elena kaufman s own medical condition caused her to collapse on a bathroom magazine rack, which thanks to gravity accidently asphyxiated her. the bottom line is the state cannot prove yard that a crime was even committed in this case the state s evidence is weak, conflicting inaccurate and they cannot
reporter: the judges usually appoint the best lawyers they can to these courses. they don t want an appeal five years ago saying the defense attorneys didn t know what they were doing, we have to do the trial again. megyn: as long as they play along with the rules they are to be lauded. we expect the families the family i should say of elizabeth smart to speak. we ve got even to know them over the years. who could forget that moment all those years ago when it was announced after nine months of elizabeth smart missing she had been found alive. here we are today, it is judgment day for the man who kidnapped her and repeatedly raped her, and then tried to deny any responsibility for it. it is judgment day for him. he has been found guilty by a jury of kidnapping and of transporting elizabeth smart across state lines, and now we await reaction from the family