interestingly enough, both experts agree ed that it wasn't the defendant's fault and even the families of the victim felt he shouldn't have gone to jail. >> richard, we want to switch over to elena kagan. her swearing in is taking place over the next couple of hours. three women on the supreme court, that is history right? and what do you make of soon to be justice elena kagan richard? amazing president, jim. you know mark the time in history. you will remember it forever, she is going to be great on that bench. she fills in for justice stephe stephens, she will keep the balance there and the obama administration is hoping that she will be able to exact her views on justice kennedy who is

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