family before they decide whether to make this a death penalty case. when you say special circumstances what would they be? caller: they would be a murder in the commission of a rape which would fall under the special circumstances allegations in california which takes a first-degree murder from 25 to life and makes it life without the possibility of parole. but it also makes someone eligible for the death penalty. but the d.a. won t elect to do that for probably a couple of months until they get more information on this guy. jane: we re waiting to hear how they were led to this body which may be that of chelsea s. initially the sheriff had told yesterday even that he wasn t being helpful that gardner wasn t being helpful in this case. could that potentially hurt him? caller: it certainly could and sometimes in situations where a body is missing and there could be closure for the family authorities will take the death penalty off the table if someone insists on finding a body. i