most likely. and what of the prosecutors here? arthur aidala is with us here in studio. fox news legal analyst, studio b legal he contributor. it s just this is just a disaster. it is a disaster. and it s not fair. when a jury can t reach a unanimous decision de facto it s life without parole. shepard: that s what we do here? what happens here is if this next jury doesn t do it, the judge has a choice between life without parole or natural life. i haven t done the research to tell what the difference is life without parole or natural life. shepard: trace has something on this, trace? why you are talking to arty, very important to point out now we are told there is a little bit of wriggle room here for prosecutors. we always said there was option two in this. option one is impaneling brand new jury and going over part of the penalty phase. option 2 is if prosecutor decided they wanted to waive the death penalty and agree to life in prison.