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Bill Durso, CPP, Founder, The Durso Group, Talks About Risk, Vulnerability Assessments, Best Practices, The IAPSC & More
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Transcripts for CNN Anderson Cooper 360 20130710 00:29:45
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those prison terms in florida carry a comparative prison sentence. it s the defense that wants the lesser included and because you have a lesser punishment. here in california, remember how this works. what is explained to the jury is first you decide the murder charge. if you find not guilty on the murder, then you work down to the manslaughter, basically, the difference between the two is whether or not there is malice. so all of this talk about ill will and the level and intent and everything else is for the jury to decide. if they can t find malice, they work down. normally the defense wants the lesser because it s punishment by much less or doesn t have what is the l next to it for life. here, you have that. so the defense is going to be in the position of saying no, we want all or nothing, the judge is going to give the lesser
stepped at this point. marsha, we were talking i think just last night about the idea of kind of over trying this case. do you think that s an example of over trying the case or are there other motives for bringing that person? it s always a danger when you over play your hand and i think they really played on this 911 call so heavily already, and then piling on with this last witness, which, you know, you ve already made the point and so has mark, it s really obvious what they did with this witness. you can really very much alienate your jury. if they see you re playing your hand this way and manipulating them this way. i m not sure it did them more good than harm. i m not sure. let s talk about the medical examiner witness, the forensic witness, dr. di maio. i want to play something he said. he was clearly a much more confident witness than the medical examiner who testified for the prosecution who had a note in front of him, didn t seem to know much about the case and changing