gives inconsistent statements, that is going to be problematic, and that is evidence of somebody trying to conceal something. he seems really aware of the legal system, of what he could be facing in georgia law. absolutely right. and that s an interesting thing, too, is the first thing that the detective talked about, one of the first things is that the defendant engaged in what they call cop talk. he was familiar with the terminology and he was using the alphabet call desig faces, alpha, bravo, charlie and that s interesting because sometimes the more awareness you have of law enforcement and the justice system, that s evidence of your ability to get around it, so it s an interesting it s a catch-22. and then also the life insurance policies. well, again, that also is what we call motive evidence. remember, motive is never an element of a crime. intent is an element of a crime. intent is what was in your heart and mind when you did a deed, but motive is just evidence of why
five, throw the book at them. but as a defense guy, i m going to say, no matter how many coincidences, if they re all character evidence, the prosecution really hasn t proven their case in chief. everything we heard in the prelim was what the prosecution packaged as motive evidence, but in reality, the defense attorney argued that it was character evidence, which is improper. so what if he s sexting. i ve seen plenty of nice guys turn awful. well, there are we ve seen worse people than this defendant. someone who would intentionally bake their kid in a hot car, that would be pure evil, if true. if true. i m talking more about the character-type evidence, the sexting, the other shenanigans. when it comes to the i have to agree with sunny. this is a defensible case. here s why. when you look at the georgia cations that deal with felony murder, using child neglect as a predicate, there s some knowing
this is a case where the prosecution is trying to take bad character of this defendant, which is usually not admissible and repackage is into motive. motive evidence is admissibility but not as an element of the crime, just to show there may have been intent. i agree with sunny here. they still have to prove the underlying crime. while they are heavy on bad character, they re heavy on suspicious behavior, they re going to be a little short on the science. i ve said it before, at least three of the prosecution s medical examiners concluded that cardiac arrhythmia may have been a cause of the death. is it damaging that the guy s own kids are against him? it s horrible. but it doesn t excuse the prosecution s ultimate burden, that s to prove that he intentionally killed his wife and that s beyond a reasonable doubt. new facts, new facts that led to a different autopsy finding that the toxicology changed a little bit in later reviews and
casey stiegel, thanks. reporter: it is. patti ann: for more on this right now let s bring back our legal panel, lis wiehl, fox news legal analyst and doug burns, former prosecutor and criminal defense attorney. and we want to mention a pretty big ruling that came down yesterday. the judge saying the prosecution can not present a lost evidence they were planning to present showing hasan s motive was jihad terrorism. the judge, colonel osborne saying the evidence would cause unfair prejudice above its value proving murder. the prosecution doesn t need motive evidence in. from a 2003 horrible rampage. we re talking 10 years ago, a long time and distance. and it would be an appellate issue. he will be predicted i predict. he will look at a death sentence. the last thing prosecution really needs, i think judge did them a favor, this issue on appeal. keep it off the appeal. they don t need to show motive. patti ann: lead prosecutor, colonel steve hendrix promised in the opening statement
the prejudicial effect of this bizarre behavior would outweigh the value. there s some powerful stuff that was taken on the 15th of july, 2008, at the time of the arrest. there s some motive evidence in there. the judge said too much prejudice with the bizarre behavior. it would be powerful. it s just not getting in. okay. we re going to move on to another case because we re running out of time. i know you have lots of thoughts on this one, involving your favorite person on the stand. or at least your favorite defendant. casey anthony, that name shaz come up again. she wants to sell the rights of her life story. all of this included to the highest bidder. now is this something that could potentially be challenged in court because already there s an offer of $10,000 on the table. but the man says he wants to be