that toolan did kill beth lochtefeld.> this is a difficult issue. figure out what was going on in that mind. was he a common criminal or not? >> it was a insanity defense all over again just a little differently, presented by an attorney who is keenly aware he had an uphill battle on his hands. >> the question is, is anyone willing to let somebody who has done something this horrific, off the hook? because of the problem with their drug abuse, alcohol abuse, underlying mental issues. >> the prosecutor had the gloves off once again. >> 52 days, ladies and gentlemen, 52 days from the time elizabeth lochtefeld met thomas toolan until he stabbed her 23 times until she died. >> he told this new set of jurors just what he said during the first trial. that tom toolan knew what he was doing the day he killed beth lochtefeld. >> it was a choice he made, knowing it was wrong and he understood it at the time and still chose to do with. that's a criminal responsibility is. >> the trial was shorter and this time on the jurors went to