would corroborate those allegations. reporter: but the prosecutors say when she was taken into custody in 2008 she was found with documents describing mass casualties and named new york s empire state building and other landmarks. prosecutors didn t speak publicly, but former prosecutor anthony bar ckobarco says that charged for the shooting rather than terrorism is not surprising. it is a much easier case to prove and cleaner and more straight forward and has fewer distractions for the jury or a judge to seize upon. reporter: she testified in her own defense calling the charges crazy that she tried to attack u.s. personnel who were trying to interrogate her in afghanistan. she says she had been tortured and held in a secret prison. foster believes her and says that two of her children are missing. i believe that they have become a symbol in pakistan of