the sentencing? >> i believe if he takes the stand or obviously they're going to make the legal argument they're going to say he was so temporarily insane, he couldn't make the intent. he wasn't thinking clearly and that's where the diminished capacity, the jurors have equitted on that. >> if you're the defense attorney you go for acquittal, temporarily insane and not accountable for action. >> looking at the circumstances and talking to people preparing for this the everyone says my god this man had to be temporarily insane watching this happen to his children. >> megyn: what about the guy that's shot obviously no charges against him because he's been killed. any legal liability for his family based on his actions in you know, this vehicular manslaughter at least? >> interesting, could the family be held responsible for anything that he did?