fred tecce joins me with criminal defense attorney eric gunster. she was 17 at the sometime this happened. right. jenna: she is only witness still alive. one of the questions we re raising for prosecutors who continue their cross-examination is, how do they cast doubt on her telling of this event without coming across like a bully, and making sure that they say, they proved that the fact that she was part of this not just a victim? well, couple, three basic points. first of all when you re a trial lawyer in the courtroom you have to use the right demeanor for the right witness. this woman is charged with being part after homicide that killed one police officer and seriously wounded another. and when she takes the witness stand the judge will instruct the jury, she is like any other witness. so your job is to painstakingly show she is not telling the truth. they have already shown she was less than truthful and less than candid about her relationship with the guy. jenna: how so, fre
like someone cowering. that is part of the issue. right. jenna: but what her story as she tells it. fill as narrative you see play out in the a movie. this guy was obviously a bad guy. he was 10 years older than her. getting to prosecutors. how do they go through the list of charges? there are 11 charges against her including first agree felony aggravated murder. these are a lot of charges. will they be able to prove them all? they only need to prove one of them, prankly the aggravated felony murder which she was a part of. compelling testimony from the police officer at the scene when her boyfriend was actually shot and killed who said her conduct was not consistent with someone who was kind of being, being someplace against her will. i think that testimony will carry a lot of weight. look, it s a tough case for the state. it is not an easy case. they re doing the best what they have to work with. jenna: if anyone ever has been angry at their phone company this will be the case fo
top of the hour. eric: you didn t tell me who he is so i ll have to wait for ten minutes. we ll surprise you. uma: all right. we re awaiting a verdict in the murder trial of former new england patriots player aaron hernandez on day four of deliberations as jurors decide whether to convict hernandez of the murder of semipro player odin lloyd back in 2013. let s bring in fred tecce. gentlemen, nice of you here. thanks for having me. uma: obviously the jury is still out but, eric, you say you think there could be a hung jury on this one. i think they have a decent chance. the prosecution tried to throw everything into the pot tried to confuse the jury but the great thing about a confused jury on the defense side is that some people don t want to convict. they may not be convinced beyond a reasonable doubt because they may not understand all the information, and they may feel that it s just overkill. they don t have a murder weapon,
they don t have a motive, so i think there s a decent chance for it. uma: so you think it s because of all the overwhelming information they have to consider and all the testimony that it s going to be too much and they re going to say, you know, forget it? sometimes it is because it looked like the prosecution didn t have a chase so they a case so they just threw everything, including the kitchennen sink, at the jury. let s make you listen to this case for several weeks, dozens of witnesses, days and days of testimony. it just seems like too much which means they just did not have enough. juries want they want a motive, they want a smoking gun. they don t even have a gun at all in this case which i believe this will help this young man, aaron hernandez, get a hung jury or maybe even a not guilty. it wouldn t shock me. uma: so, fred why is motive not a factor here? a couple things. it pains me as a former prosecutor to agree with a great defense lawyer like eric i think you may g
jon: right. this really will turn on whether or not what they did was reasonable but i think john s right, this could go east way. jon: john, if they picked him up under questionable pretenses in new orleans, does the possibility of the murder charge go away because of the way he was arrested this new orleans? i don t think the possibility the california arrest is going to go away. there s an alleged confession made on the jinx. this is the closest the prosecution is going to get to robert durst. this is their last shot so i think they re going to take their t shot. if robert durst for some reason dodges the budget in new orleans he will be extradited in california jon: even if the arrest in new orleans though was made without a warrant, the search, etc. i m sorry, go ahead, john. jon: john that s correct, and fred s correct. this is going to go to california. if he wins the new orleans charge he s still looking at murder charges in california. jon: all right. john, fred,