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for 18 days, jodi arias was on the stand creating a specific mix of strange details. with hers and with the death penalty.

much more on the trial ahead on "ac 360." anderson? >> randi, thanks. evening, everyone. it is 11:00 here on the east coast. also, bizarre new video surfacing. this is jodi arias in a police interrogation room moments before she's charged with murder. that's not all she did on camera, standing on her head? we begin with an important story. drew griffin investigating the killing of an african american man along a rural road in

mississippi doing something that police have been doing there that they haven't been doing. african-american man, another killing, another potential murder, another possible hate crime, only this time, those same authorities did not even see fit to investigate. not for more than three whole years, not until drew griffin began asking questions did they even try and find out what happened? they didn't even try. drew griffin did. >> reporter: the cross is so far off the road, you might never notice it unless you were looking for it. ruby burdette never misses it. she put it here three and a half years ago to mark the spot her

son died and a mystery began. they know he was hit by a car? >> yes, that's what they say. >> did they ever find who drove that car? >> no. >> do you feel that they did an adequate investigation to find who did that? >> i don't really -- i can't say because they say they still investigating. i don't know. no one relates to me anything. >> they are still investigating? >> yeah. >> reporter: garrick burdette was 41, he walked wherever he went, in rural panola county that can be dangerous, especially if you are black. in november of 2009, burdette's body was found on this site, the autopsy revealed multiple injuries consistent with being hit by a vehicle. for three years, there's been nothing more than this simple one-page incident report about what happened. no one in the panola sheriff's department offered to do anything else did they come down

these streets, handing out fliers, knocking on doors, asking if they had seen anything? >> no, not out this way. >> you know in of any activity that way? >> no, no one said anything. >> so, how do you know they are investigating? >> well, they had put it on the paper, you know, when they found him dead and then they had put on there, and then they wrote it in the newspaper, they said there was a -- it was still being investigated. >> reporter: ruby burdette's hope rests in this one small news article from three years ago that says police are still investigating. cnn has learned they never really have. >> never had a case turned into us. >> reporter: in january, we asked the district attorney who covers panola county to search his records to find out if anyone from the sheriff's office had contacted him regarding garrick burdette's killing, there was nothing. >> which means one of two things, either it ended up being an accident, which we would not

have had or they never found the person that did it. >> reporter: what blacks in this rural mississippi county believe is that law enforcement treat crimes and investigations differently, depending on the color of the victim's skin. last summer in rural panola county, johnny lee butts, a 61-year-old black man, walking far off the shoulder of this road, was deliberately run over and killed by a car carrying three white teens. the driver told police he thought he hit a deer. his two passengers both say the 18-year-old driver steered straight for him. the driver's charged with murder. the d.a. though says there's no evidence to suggest a racial motive. johnny butts' brother says the white local law enforcement simply don't want to know the truth. do you believe that the sheriff and the district attorney don't want to or are afraid to know the truth? >> i think they don't want to.

they don't want to push that issue. >> they don't want to push race? >> i actually believe that, that they don't want to push that issue. >> reporter: that belief was confirmed to fred butts just days after his brother's death. these boys walking on the side of the road say she watched as a white jeep with two white men barrelled over the top of the hill, increased speed and aimed right at them. and they were laughing with then passed by? >> yes, sir. >> and just kept going? >> yes, sir. >> scared you, huh? >> yes, sir. >> reporter: parents reported it to the police. no follow-up ever took place. when we tried to reach sheriff dennis darby in january about the boys' claims, the sheriff told us to "not stir up trouble in his county", adding "you do something with this and i'll be coming after you." the panola county sheriff's department refuses to talk to us about this case as well. but we can tell you three and a half years later, the hit and run death of garrick burdette remains unsolved.

and as far as we can tell, for three and a half years, the sheriff's department has done very little to find out what happened. has anybody from the sheriff's office investigators, d.a.'s office, been in contact with you? >> no. >> never? >> never. never. >> never came to ask if your son had any enemies, any problems with anybody? >> no. nothing. >> how can you say they are still investigating? >> i'm just going by what the paper -- what the paper say. >> reporter: last month, cnn again tried to ask the panola county sheriff's department about the unsolved hit and run death of ruby's son. this time, we advised the sheriff's department cnn would be airing this report. and again, we got no response. but hours later, ruby burdette did.

>> he came in. he said he was an investigator. he introduce himself. we sit at the dining room table and he started talking. he -- he told me he apologize for no one coming out before now. and he -- he told me that the first investigator they had didn't do anything. he said he was the one that hoped, you know, to see this thing come toon end. he said he would, you know, if anything -- if anyone could be found, he was gonna find them. >> reporter: she doesn't know why now, why it took so long and why, for three and a half years, no one in the sheriff's department seemed to care that a black man was run over and killed. but all that time, this grieving mother has held onto a newspaper article hoping one day, its story would be true. >> i just want it to be over. i just want to know.

it's just like eating away with me, just eating away with me. but being a mother, i want -- i want the truth to come out. >> drew, it's incredible how trusting this mom is and for three years, she's been waiting based on a newspaper article. and then this police officer shows up and says, oh, yeah, you know what, no one's investigated and i'm sorry and i'm sorry this is the first time we are coming out to visit you three years after her son has been killed r they going to be able to find out what happened? i mean, it's been three years? >> you know, anderson, i will be honest with you. if you talk to anybody, professional law enforcement investigator, they will tell you the time to investigate a crime is right after it happens, when there's evidence, when the memories of witnesses are fresh. this is not like a cold case being reopened and a witness list. this is a case starting almost from scratch three and a half years after it happened. the sheriff won't talk to us, so, i don't know what kind of manpower he is throwing at this but at least now, they are, according to the people we have

been talking to, asking questions that may get some answers. but again, three and a half years. >> and did i hear your report right, the sheriff said if you're stirring up trouble, he was gonna come after you? >> that's exactly what he said. he said that to scott bronstein, our producer. we comment believe t scott took down the notes, the sheriff himself. it was really an odd statement to make, but that's the sheriff, sheriff darby. and basically, was accusing us of stirring up trouble in his county. >> what does that even mean, stirring up trouble? seriously, what century is the guy living in? about the case that initially brought to you the county, the actual hit and run killing the 61-year-old african-american man by three white teens, what's new in that case? >> that case remains it is a murder case. the 18-year-old white driver is charged with murder but not with the additional hate crime that could bring a stiffer sentence in the state of mississippi. his two passengers, who have been cooperating with law enforcement, are not charged with anything, anderson, and that trial should take place

some time later this year, if it goes to trial. >> stirring up trouble. i seriously cannot believe woe use even that phrase with you. we should let him know, in case he is watching, the invitation is open for an interview withdrew or on this program, we would love to talk to you there, sheriff. drew, appreciate the reporting. there is a new develop n drew's investigation of that gambling operation down in florida that claimed to be a veterans charity. we told but this last night, allied veterans of the world, it was called. 57 people now charged with money laundering and racketeering in with the allegedly corrupt organization. the republican party is donating contribution it is received from allied veterans to another charity not involved in the investigation. the state democratic party says it is returning any donation it is received at all. follow me on twitter at anderson cooper. strangt behavior you may ever see from a murder suspect in custody, talking about jodi arias and ask you could the tape be a game changer in her murder trial? next, another cnn exclusive, a staunchly conservative senator who actually co-sponsored legislation against same-sex

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from capital one and earn unlimited rewards. choose 2% cash back or double miles on every purchase every day. told you i'd get half. what's in your wallet? welcome back. we are not always accustomed to politicians speaking plainly. when they do, it can kind of stop you cold and start a conversation. both are happening tonight after rob portman, the staunchly conservative, deeply devout conservative from ohio, start and op ed with these word "i come to believe two if two people are prepared to make a

lifetime commitment with each other in good times and in bad, the government shouldn't deny them the opportunity to get married." a 180 for the senator who has a long record of opposing same-sex marriage. during the clinton administration he co-sponsored the defense of marriage act which goes before the supreme court next week n an exclusive interview with you with cnn's dana bash, he explained what came his mind. >> my son came to jane, my wife and i, and told us he was gay, and that it was not a choice and that, you know, that was part of who he is and he had been that way from which he could remember. that was an interesting process to me, rethinking my position, talking to pastors and other religious landers going through a process of to at the end, changing my position on the issue. i now believe that people ought of the right to get married. >> reaction today among republicans was mixed. house speaker around fellow

ohioan john boehner calling senator portman a friend and maintaining the marriage is between a man and woman. log cabin republicans, a gay rights group, hailhood the change and people in washington contending the cpac convention were split, mainly along generational lines. one cpac voice, rick santorum, was asked what he would do if one of his children came out. >> i think my kids all recognize that we all do things that don't actually measure up to what you think you this you had do and we can adjust or bar and say well, we are just going to change the bar. and we are going to say the things we think we didn't do we do and now okay. or we can keep the bar where it is, because that's where it should be and try to say you know what which fall short. >> so that's the backdrop. joining me now dana bash. so, dana, you were the only television report they're senator portman sat down with to

discuss this w you said it was clearly a difficult conversation for him to have. he invited you, so clearly, this was something he wanted to get out there. why? >> you know, i'm still not entirely sure i have the full answer to that question. i will tell you what he told me in answer to that question. that he has been sitting on this and mulling this and discussing this with his son and the rest of his family, his pastor and others, for a couple of years now and he finally got to the point where he felt that it was time for him to not only make this decision that he is now for gay marriage but make it public. that is the personal side. the other is the political time willing. and he said it was the supreme court and the fact that it's going to hear a pair of cases relatively soon and he knows that when that happens and there's sort of a public discourse about these things that those of us who run around the hallways in the capitol tend to ask members of congress about t and he wanted to be honest about t but i got to till, anderson, he was uncomfortable, clearly nervous and i think for

a couple of reasons. one is because of the subject matter, sort of a midwesterner, midwestern conservative with those sensibilities, don't talk about stuff that is personal. he wanted to do right by his son, that was very clear. but also, he was very much against gay marriage and voted that way on a slew of issues but he never talked about it. i couldn't find one quote from him talking about how you have to keep marriage between a man and a woman, like many other conservatives did he just -- it is not his thing it is more of economics -- economic issues. so it was a new thing for him to even talk about something this, never mind talk about it so personally. >> i want to play another clip from your interview. >> and what do you sty a gay constituent in ohio who says i'm so glad that he has changed his position. but why did it take him learning that he has a gay son? why didn't he, as my representative, care about my rights before -- before that? >> well, i would say that you know, i've had a change of heart based upon a personal experience. that's certainly true. dick cheney, i think, a similar experience.

i have talked to him, by the way, about this. and you know, it wasn't an issue i had given much thought to prior to that maybe i should have. >> certainly interesting he said he is it is not an issue he gave much to. he is a senator of a state, he represents gay people from -- to say he has never really thought much about it, i think probably that will upset a fair number of gay people. >> it already has. >> in that state. you also asked him about whether or not he is going to be actually an advocate for marriage equal knit ohio. he certainly doesn't seem to be going that far. >> no he is not. as i mentioned before, this was never an issue for him either way. he is not very comfortable talking about it. and more importantly, he has since, you know, the beginning of his career, politically, been ally focused on economic issues, says he is going to continue to do that but one of the things that you is always coming up in his home state of ohio is a move to get rid of that state's very intense ban on gay marriage and many rights for gay ohioans. he said that he is not really

sure if he is going to push hard to overturn that, but he says he -- the fact that he is talking publicly about it may make a difference in the move to overturn it, 'cause he is clearly against it now. >> dana bash, fascinating interview. thanks, dana. >> thank you. >> senator portman mentioned former vice president cheney there are, in fact, a number of leading republicans and conservatives who support marriage equality. former solicitor general olson will be arguing against proposition 8, which banks same-sex marriage in front of the supreme court. dig deep we are republican senator from arizona, john mccain. senator, i want to ask you about your colleague, senator portman's, announcement. now the only republican senator supporting same-sex marriage. can you ever see yourself considering a similar short of shift? >> well, i don't think so because of my religious beliefs but i respect anyone else's decision and we all learn in life and grow and mature. i have changed my position on other issues in my life, but on

this one, i had not contemplated changing my position. >> senator portman says it is in line with his beliefs, with his catholic beliefs. he obviously has changed his position because his son said that he was gay, told his father that. i know your wife, your daughter, megan, support same-sex marriage, publicly made statements about t do you think if a member of your family was gay and told you that, that might influence you? >> i don't think so but i would like to point out that my daughter's opinions i respect. we have discussions about the issue. and she makes strong arguments and i think we ought to continue this dialogue throughout the country and by the way, i have admired your forward position and stand on this issue. >> well, thanks. i -- let's talk about syria. i want to play for you -- our viewers something that you said yesterday about it. >> more than 1 million refugees

have fled their country at a rate of 8,000 people each day as of last month and 2.5 million people have been displaced within their country. only the genocide of rwanda and the iraq war have driven more people to refugee status over a similar period of time. >> those are some of the deadliest conflicts in recent history. do you think syria has reached that same now? >> absolutely. absolutely. aid meeting with the saudi ambassador today -- ambassador to the united states today answered mentioned to me that not only have we got the 70,000 massacred but we also have 100,000 that are "missing." you know what that means in syria when 100,000 are missing. so, the numbers are even worse than we had anticipated. and of course, every week or workers is see larger and larger numbers of refugees entering these camps, which are badly overstressed, terribly

overstressed and the human suffering continues. i think it's just terrible. and here we are on the second anniversary, yesterday i believe it was, of these young people, writing something on the walls about freedom and that's torched this whole thing off and it's just tragic that we haven't done more to help. >> you compared president obama's leadership to president clinton's leadership during the war in bosnia, an unfavorable comparison you were making. it did take president clinton a long time to get involved in the war in bosnia to try to stop the genocide. is this the war in syria really one that could have been prevented with intervention by the u.s.? >> i believe bosnia could have been prevented with earlier leadership but president clinton did come around. and president clinton then after that we went to kosovo as well, where ethnic cleansing was taking place. his regret was we didn't go to rah juan d.a. i wish we could go every place in the world but

there are places you can't go because there's not a ready solution to it. as much as i want to help out in the congo, for example. but in syria, it is very clear that genocide and massacres and gang rapes and torture. the dade is ambassador told me a story, and maybe i shouldn't repeat it, but the men coming into assad's home shot and killed his three daughters because he knew what was going to happen to them. you know, that's horrific thing to think of. and so, this is going on all over, all the time in syria. i'm pleased secretary kerry seems to be making moves in the right direction but some of the stuff is so -- i mean, we are gonna give them a couple hundred thousand mres, meals ready to eat. you no what we found out? the expiration of those meals,

ready to eat, is june. i'm not making that up. i think we could tip the balance here and i think assad is losing and i think he will lose, but i also worry about the increased involvement about russia and iranians who really -- iranians do not want to see assad fall. general mattis, the central command commander said if syria went, it would be the greatest blow to iran in 25 years. stuff is so -- i mean, we are gonna give them a couple hundred thousand mres, meals ready to coming up two high school football players in ohio on trial, charged with raping a 16-year-old girl while other teenagers allegedly took cell phone pictures and video. the disturbing events that were detailed in court today, coming up next. also ahead, a deadly and fiery scene after a small plane crashed in fort lauderdale in a parking lot. what officials are saying about

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tomorrow starts here. jodi arias as we have never seen her before. bizarre behavior captured by police camera and a new twist in her murder trial, straight ahead. u in town for another meeting? yup, i brought my a-team. business trips add up to family time. this is my family. this is joe. hi joe! hi there! earn a ton of extra points with the double your hhonors promotion and feel the hamptonality. i started playing football when i was 7 years old. following my junior season in college, i was diagnosed with cancer. the doctors told me that i would not be able to play football again. during recovery, i wanted to give it everything i had, from training to a good rest. i had tweeted i couldn't wait to get in my tempur-pedic. the company had seen it. they said, "are you really a tempur-pedic owner?" i said, "yes, i am, and i'm very proud of it." i can't imagine living without my bed. my name is mark herzlich. i'm a professional football champion, a cancer survivor, and a tempur-pedic owner.

testimony today in stubenville ohio, in the trial of two high school football plays accused of raping a 16-year-old girl during a series of parties one night last summer. now straight in its third day. it has attracted, obviously, national media attention due to evidence presented in court, including text messages and cell phone video. prosecutor says the messages show a night of heavy drinking and the sexual abuse of the alleged victim. key question is whether the 16-year-old girl was too drunk to understand what was happening to her. more tonight from poppy harlow, who is in stubenville. and a warning again, some of the details of the case are graphic. >> reporter: two teen eyewitnesses testified today that they saw the defendants, ma'lik richmond and trent mays, rape a 16-year-old girl. the first witness, a 17-year-old friend of both defendants, said

he saw trent mays penetrate the alleged victim with his fingers in the back seat of a car. he testified he videotaped the episode, which lasted "a couple minutes." he said he deleted that video the next morning. the second witness to take the stand today, also a friend of the co-defendants, said that ma'lik richmond did the same, as she lay naked on the floor. he also said the alleged victim wasn't moving. the definition of rape in ohio includes penetration with fingers. beyond eyewitness testimony, digital evidence is at the center of this case. this picture, circulated widely on the internet before the trial, sparked public outrage. a photo of a seemingly unconscious teenaged girl carried by two young men, ma'lik richmond on the left, trent mays on the right, both star players on the powerful stubenville high school football team say they are innocent.

>> trent mays did not rape the young lady in question. >> she voluntarily got herself intoxicated. not once did you hear her say or any witness statement say she didn't want to do it. >> reporter: prosecutors maintain the alleged victim so was intoxicated and unresponsive, she couldn't have said no. >> this case will hinge on not on the defendants' knowledge of her substantial impairment, but their exploitation of that knowledge when they treated her like a toy. >> reporter: police say the alleged occurred during all-night partying on august 11th after a varsity football scrim imagine three. days later, the accuser's mother went to the police with the flash drive, including tweets and other possible evidence. social media was abuzz with tweets and videos by fellow teens referring to that night in a vulgar manner. song of the night is definitely rape me by nirvana. >> what if that was your daughter? >> but it isn't. >> what if it was? >> if that was my daughter. i wouldn't care. i'd just let her be dead. >> reporter: richmond and mays were arrest bud critics in and outside of this own town have

accused law enforcement of not being aggressive enough. >> you are a football player you get to do what you want, as long as off winning season. >> has preferential treatment been given to these boys because they are part of the football team? >> no that's not true. they are facing charges. no. >> reporter: the sheriff believes some of what is being posted online and on social media about the case is false. >> they give us a black eye. and when you have people continue to put false information out there, you know, it's tough to make it go away. >> reporter: stubenville police chief bill mccafferty says despite many pleas, few witnesses came forward. >> the thing i found most disturbing is, depending on who actually was there, why didn't somebody stop it? >> reporter: but the state maintains that's exactly what happened and that the defendants were hardly shy about what they allegedly did. a text message from trent mays to a friend presented as evidence said, "she was like a dead body. i just needed some sexual attention." >> poppy harlow joins me now live from stubenville.

we understand a third eyewitness for the prosecution just finished testifying. what did he say? >> that's exactly right, anderson. this teenaged boy, also a friend of both of the co-defendants in this case, testifying that he, too, witnessed ma'lik richmond in that basement in sexual activity with the alleged victim, activity that in ohio is considered rape. the key to this is that he also testified, and i quote here, "she wasn't moving. she wasn't talking. she wasn't participating. "this witness also admitted on the stand that even though the alleged victim is also a friend of his, he took a naked picture of her. asked why he did that he said, it was stupid. >> um, so basically, you now have three eyewitnesss who have testified to seeing this girl raped. what did the defense say? >> so, that's very good question. the defense hasn't cross-examined them and said this hasn't happened, you are

making this up. they are using a few key strategies here. someone to poke holes in every single witness and say how do you know how intoxicated this girl was? how do you know how much she drank? did you see her all night? were you with her all night? when we talk about that now-infamous photo of the two defendants holding up the alleged victim on that night of the parties, the defense has been successful in getting some witnesses to say that that was a joke. others say, no, she was too drunk to really walk on her own. the third really key thing here that the defense is doing is they are saying to almost every witness, you have seen all the social media out there, all of the media attention from all the news outlets, haven't you sort of reconstructed the night in your head over the past months until you've testified here today? and they have gotten some of the witnesses to admit, yes, at the time the night was not consequential to them. but now it is, after seeing all of the media out there but this case is ongoing. they are back in session in court right now where i'm going to go after this.

and the alleged victim has not taken the stand yet. neither of the defendants have taken the stand. the state has not even rested its case. this is going to go on all weekend. but we expect a verdict by some time on sunday. anderson? >> so disturbing. poppy, appreciate it. thanks. not the only notorious trial playing out across the country. jodi arias spent 18 dines the stand testifying in her murder trial. now her lawyers want to call a witness for expert testimony that's so controversial the judge scheduled a special hearing on whether to allow that or not. why this witness could be explosive and why that hearing set for today was postponed. we will tell you ahead. [ rosa ] i'm rosa and i quit smoking with chantix.

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crime and punishment tonight, new twists in the jodi arias murder trial. her attorneys want to foe low up her 18 dines the stand by calling a forensic psychologist to make a case this was a crime of passion. we are still waiting to learn whether the judge will allow the testimony. a hearing scheduled for today was postponed. all that coming as we are getting a look at a side of jodi arias we have never seen before with very strange behavior caught on tape. jean casarez is a correspondent for trutv. fox news got ahold of this bizarre video from 2008, just minutes before she was charged with alexander's murder. just take a look at some of t >> it's not fair. how many times was travis

stabbed? ♪ it might change my memory >> see, she stands on her head. most of that some of that was with the detective present a lot was right after the he left the room and minutes before she was charged. is this -- i mean, what do you make of that? >> it's unbelievable. first of all, the jury has not seen this and from our understanding, the jury will not see it. you know, she testified, anderson, that she knew she was going to be arrested. so, she knows why she's there. she knows she's going to be arrested. and i think it definitely helps the defense because she is not appreciating the seriousness of why she is there. now you some are saying it's all an act, she is doing that because she knows the cameras are rolling. but she did not know that she was being videotaped when her interrogation began, which was minutes later. >> and this evidentiary hearing that was supposed to take place, it was -- it was supposed to be about the testimony of the

psychologist, correct? >> this is so interesting. the defense wants their forensic psychologist to the psychology of the very bloody, bloody crime scene, that it was a reactive crime scene, that it was volatile you highly emotional, a crime of passion. and they are saying that that is very important and that there is the science to back it. the prosecution is saying, no, wait a minute that is a jury question, whether this was a premeditated planned out crime or a crime of passion, snag happened of the moment and a ph.d. should not testify to that it confuse the jury. furthermore, you can still have a very planned out attack and it be very bloody and very gory. >> the psychology of the notion is fascinating. why was the hearing canceled today? >> yeah. well, what we are understanding,

a personal reason, one of the attorneys they couldn't come and they have a family issue, so it's going to happen on monday but it's going to happen right before court begins. they will have the hearing, the judge render a decision and boom, get right into the testimony, either with this or not. >> how much longer does this trial -- how long is it expected to go on for and what else happens next week? >> you know, anderson, this is a long trial and i don't think there's virtually any end in sight. because we are in the defense case and we have got the defense experts. another defense expert is to go, that's the expert on domestic violence. there's going to be hearty cross-examination on that you can have jury questions. then, if they are finished there is going to be a rebuttal case by the prosecution and we expect that to be rather lengthy. and then finally, you will get to closing arguments and deliberation, but that's just the guilt phase. if they convict her of first-degree murder, then there will be more phases, the death penalty phase. >> incredible. fascinating trial. jean, thanks very much.

joining us now is senior legal analyst, jeffrey toon and criminal defense attorney, mark geragos, author of "mistrial, an inside look at how the criminal works and what sometimes doesn't". what should they do about the forensic psychologist. should a forensic psychologist testify whether this were a crime of passion? >> this is a tough call. if this were not death penalty, i wouldn't let someone like that testify. that is not an expert niece a real form of science no expertise he is bringing to the jury, or proposing to bring to the jury that is a credible form of science. but in death penalty cases, the courts have held, supreme court has held, you really have to give the defense a tremendous amount of leeway to make their case. so, i actually think it's going to be a tough call for the jim. >> mark, what's your call? >> i think what's going to happen is this judge will allow in part of the testimony. my guess is they are going to say okay, the stuff about it's a reactive crime scene or the's consistent with something that was not, probably not

premeditated. i don't think -- i think the prosecution's got the better argument when it comes to this is in the jury's province of the ultimate issue, meaning you can't opine or you can't put an expert up who's gonna tell this jury, okay, this was reactive and therefore, it's manslaughter as opposed to it was premeditated. so i think the judge will say okay, i'm going to let the expert bring in, but only go to a point and not going to be able to make conclusions az to the magic word premeditated or not. >> what do you make of this videotape, jeff that fox news got ahold of, charging her right before she is charged, right after talking, being interviewed by -- let's listen to just some of what she is sort of mumbling, while talking to herself. >> goodness. you should have at least done your makeup, jodi. it's not fair! how many times was travis stabbed? ♪ it might change my memory >> then she goes and stands on

her head. >> you know, i think the judge was right to keep it out because what does it prove? i don't know. i mean, that she's weird. the defense could say, look is this someone who looks like a premeditated murderer, she is obviously emotionally damaged in some watch the prosecution could say you well it shows that she is a heartless -- heartless killer. i just think this is a good function for the judge to say, you know what, this will just confuse issue, confuse the jury, keep it out. >> mark, you agree with that? >> i think just from an evidentiary standpoint, i don't know who tried to get it in, but my guess is if the prosecutor tried to get it in the judge would almost have to let it in. if the defense wants to get it in, from an evidence standpoint, the defense could not get it in. it's basically what's called self-serving hearsay. it's not going to come in unless the prosecutor wants. >> you think that was self-serving, that nutty stuff she was saying was self-serving? >> from a purely evidentiary standpoint that is not gonna

come in if only the defense want it is in h i just think most judges would not -- i have had situations like that with clients who were bawling on the floor in a police video just like that. and when i want to get in it you can't get it n when the prosecutor wants to get it in or at least clips of it you can. >> she must have known she was being videotaped though anybody being interviewed by a police officer -- >> people say all sorts of stupid things. you would think they wouldn't say, so i'm not sure you can say she knew she was being videotaped. her -- look how oddly she behaved. you wouldn't do that if you knew you were being videotaped. but just -- >> unless it is not a rational act, unless she thinks it shows something or nights something -- >> all the more reason to keep it out. >> precisely why i think the prosecute wore never want this in. why would a prosecutor want the jury to see this because she looks like she's 14-karat nut. >> leave it there. mark geragos -- >> that is a technical term. >> i'm going to shut off your mic. >> a forensic term.

i've learned that on your sister network. >> i'm not really going to shut off the mic. i was just kidding. mark geragos, thanks very much. jeff toobin, thanks as well. a plane crash in a florida parking lot, killing all three on board. the latest on the ground straight ahead. ♪ ♪

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