the o.j. si simpson car chase, princess diana's funeral and the assassination of jfk. that's a wrap on newswatch this week. thanks to everyone. i'm john scott. thank for watching. we'll see you again next week. tonight on justice, a teen on trial in florida for the savage attack on a 15-year-old girl. he claims 1 he was insane. prosecutors say he's a violent criminal. now it's in thnoe jury's hands. and within days, two millionaires vanishes off the coast of florida. neither has been found, and police say both men may have faked their own deaths. then convicted murderer scott peterson is back fighting from his jail cell to have his death sentence overturned. could it happen? >> the state of california versus scott peterson. we, the jury, in the

above-entitled cause find the defendant scott s lee peterson guilty of the murder of lacy deniseur peterson. >> hello and welcome to justice. the fate of a florida teen is now in the jury's hands. wasds treacy insane when he savagely beat and stomped a 15-year-old girl, or did he know exactly what he was doing? take a look at this. >> it is a brutal attack. 15-year-old josey rattily, viciously kicked and stomped in the head over and over again by 17-year-old wayne tracy just hours before the two florida teens got into a fight while text messaging. at onein point during the nasty 45-minute exchange, josey referencesnc wayne's sibling who had recently committed suicide.

she sends a text saying go visit your dead brother. >> that really angered me and usually when i get angry, it just goes away. i can just vent and stuff. the feeling didn't subside. >> he messages friends saying i'm going to kill her. asked how, he replies snap her neck, then stomp her skull. two and a half hours later wayne waits outside josey's school. when she emerges, he attacks, kicking her with his steel-toed boots. josey is knocked unconscious by atck least five heavy blows to e head. afterwards, wayne is brought into the school to await police. he texts a friend. i just tried to kill someone. i'm going to prison. >> she's recovering very slowly. >> josey manages to survive but

has permanent brain damage. wayne faces charges of attempted murder. >> he began to kick her head. >> this week during his trial, his defense makes a surprising argument. at the time of the attack, wayne was t suffering from post traumatic stress disorder, brought on by the suicide of his brother, and he should be found not guilty by reason of insanity. >> the trial is taking place in davey, florida. adam, thanks for being with us this evening. >> my pleasure, judge. thanks for having me. you know the players and you watched the trial. how isct the jury reacting to te horrors of this case? >> i do know the players in the case, and both are well-seasond attorneys. both have a lot of experience in this type of litigation. i think they both vigorously argued for their sides to try to convince the jury of each of

their points, but what i think is interesting in this case is the first time i heard about it, i thought to myself immediately the old saying when we were younger, sticks and stones may break my bones but words will never harm me. in this particular case, harming was what took place as a result of the words that were used. it set the entire incident in motion, so i think that this is a very interesting case, and i think the players are doing exactly what they need to do to argue their points. >> whenhe y you say words, you'e talking about the fact that the victim in this case who was visually stomped admittedly by this defendant said why don't you join your brother meaning the defendant's brother who had already committed suicide. is that what you're saying? >> yes. not only am i saying that, but apparently there was -- between the two of them there were text messages and statements made for about 45 minutes of a very graphic nature, and due to the defense in. this particular cas, it is certainly a substantial factor in whether or not this

illness that he was suffering from whiches is post traumatic stress disorder set this entire incident in motion and set him off such that he could have committed such an act without understanding the nature and the quality or the consequences of what took place. >> all right.t well, you know, this defendant never met the victim before. i mean, it was just a conversation or a communication on the cell phone. how could he be so angry with someone he never met? >> well, i think that's a great point, judge, and i think that's also something that the defense is harping on or has harped on in the case, that it's such bizarre behavior and such behavior out of character for this young man who was a good student, never had any prior offenses in his life, and it was somethin g obviously that was triggered by what he had witnessed, the hanging, essential, of his brother who was a father figure to him. >> well, adam, that's what the defense is saying. we'll see ultimately what the jury is buying here, but you agree there was never any unusual behavior exhibited by

this defendant which would have suggested that he was suffering from post traumatic stress disorder, correct? >> well, based on the evidence that was presented and what we know, there was no otherw behavior which he exhibited, but that doesn't negate the fact that thisis young man did experience a traumatic experience essential in life, and the words that were used by the young lady, not that she deserved what happened toat her, that's certainly notap what we're saying here, but based on the defense of insanity, certainly what took place within those text messages and comments set this entire thing in motion and essentially brought out of him what he was suffering from. >from. >> you know what, adam? with all due respect, i don't buy that the words set the entire thing in motion. as far as i'm concerned, you're blaming the victim. don't go there on this show. she can say whatever she wants. she doesn't deserved to be kicked and stomped and hammered like a watermelon. thankss for being with us this

evening. dr. sharp joinys us, a professor of psychiatrist at harvard university and a criminal defense attorney. doctor, i'm fired up al already. post traumatic stress disorder, assuming he even had it, does it rise to the level of a psychosis or a mental illness? >> it doesn't rise to the level of psychosis almost ever, so he experienced something which was overwhelming.nc usually with ptsd, you feel trapped and like you're going to die. that's what triggers the symptoms. if that was h that overwhelming for him, he had trouble sleeping, he had anger, he had decline in functioning at schools. those are symptoms consistent with ptsd. that doesn't put you into an an insane attack mode against someone you don't know. >> just to set the time period here, it was five months before he had seen his brother hanging. his brother committed the suicide. >> that's about the right frame.

>> that's about the right time frame for this to manifest itself. >> you think that school or parents or somebody would intervene and provide treatment. >> as the attorney just said, there was nothing j to indicater no unusual behavior, but quickly, can a t text message cause someone to descend into insanity? >> no, it di cannot. >> good answer. now i'm going to move to the lawyers. i'm going to you, fred. first time with you, we're glietd tdelighted to have you h, fred. insanity, does this fly here? >> these cases at best are almost impossible to succeed with. >> you're a defense attorney here. >> i'm telling you what experience has taught me and most other criminal defense attorneys. >> and me as well. >> in the best of cases you have a mountain of documents, evidence of prior hospitalizations, psychiatric admissions, evidence of prescribed drugs over the course of years, decades, and a failure to follow the prescribed course of treatment of those medicines and the defense will argue from that that the person was not

acting rationally. >> we have none of those things here, no hospitalization, no medications, we have no even visits to a psychiatrist. >> you have no claim that he was being commanded by some higher force to act as he did here. >> you don't think it works. >> all right, prosecutor josh. >> of course it doesn't work. >> why? >> it doesn't work because of everything he just said. there was no behaviors before the incident that really exhibited ptsd. >> let's talk about his text messages to her. i'm going to kill you. >> you're dead. he said i'm going to strangle the life out of you. the jury will sit here and go no way. he knew what he was doing. >> and he understood the consequences. >> he went through these strange maneuvers and strange behaviors. there's question of how normal the guy is and who would do that kind of behavior. is he in a pstd? comere on. please. afterwards. the statements.e - you have to look at everything. >> the statements say i'm going to jail. that means he knew it was wrong.

guys, i wish we could go longer. we'll see you later in the show. coming up, police search for two men who vanished off the coast of florida in separate incidents. one left behind a multi-million dollar oil fortune. the other, an or tained minister, swindled millions from his clients. later, despite being sentenced to death almost a decade ago, scott peterson is still behind bars, and he's fighting to have his conviction overturned. one of the attorneys from his team will join me. man: there's a cattle guard, take a right. do you have any idea where you're going ? wherever the wind takes me. this is so off course. nature can surprise you sometimes... next time, you drive. next time, signal your turn. ...that's why we got a subaru. love wherever the road takes you.

georgia bank director and ora day and ministry aubrey lee price wants everyone to think he's dead at the bottom of the gulf of mexico, but investigators say he could be almost b anywhere with $17 milln they say he b stole from his investors. we have a reporter from the atlanta journal constitution joining us now.

scott, thanks for being with us this evening evening. >> my pleasure, judge. >> can you tell us? the money is missing, so is he, what's going on here? >> well, he was last seen boarding a ferry in key west, and asry i said, that's when he was last seen. he left an indication that he might have jumped in the middle of gulf of mexico, but authorities seem to believe he's alive and say m he may be traveling in south america. >> all right. when he was in georgia, i mean, you've done an indepth investigation. what was his reputation in the community? >> it was a very high reputation. he was a baptist minister, helped found churches. he used his christian faith to convince people to invest with him, and he would take investors with him to south america to an orphanage in venezuela. he would take them to see investments that he had made in real estate in venezuela. people

loved him. people trusted him. >> all right. it seems that he moved his family from florida to georgia just weeks before he disappeared. what is the thinking in atlanta about that? >> well, he moved to valdosta, to a house in valdosta. his wife hasn't returned my phone calls, and as far as i know, hasn't returned any of the investors' phone calls, either. they've kind of gone off the grid, so to speak, and the thought being is that, you know, it was kind of an odd move because he moved from a very affluent area to kind of a small georgia town that is not as affluent. he moved to a gated community there, but it was somewhat of a puzzling move, yes. >> there are some who would say that move suggested he knew he was going to be leaving and wanted his wife and their children to be closer to his wife's family who apparently is located there. anyway, scott, thanks so much for being with us this evening. >>or my pleasure. thank you, judge.

>> with me now is wendy cross who was swindled out of over $300,000 by aubrey brie price, and from atlanta, the assistant regional director of the securities and exchange commission. wendy, thanks for being with us. >> you're welcome. >> you invested close to $300,000 with aubrey lee price, you're life savings. why? >> why originally had a financial advisor that i had met when i was at bank of america, and i had invested with him over the last nine years on and off, and he introduced me to lee price and became an associate of lee price's, and that's how i ended up giving my money over to them. >> okay. so you did it based upon someone making -- someone you trusted making that reference. >> absolutely, yeah. >> all right. and what was your take on price? >> you know, i -- when i met with him, i thought that he was this very kind, very

soft-spoken, there was a gentleness about him that, you know, obviously made me think that he was -- he was a very religious guy. >> he was an ora day and minister. >> i didn't know that because i think if i had known he was a baptist minister, i probably wouldn't have given him all my money. >> i am not going to go there. when did you first realize that something was wrong. were there any red flags that went up? >> no. i didn't realize until june 27th when i called to get some money out because i was going to be making an investment in a restaurant in atlanta, and when i called, nobody was returning my calls. i called his cell phone, and it was, you know, the verizon wireless caller is no longer available. >> how did you feel when that happened? >> i mean, ihe was -- i was panicking. i was panicking because i think i knew something was terribly, terribly wrong, and i knew it was all over when i called the

office number and some guy answers the phone with another company that i had never heard of, and he says, you know, lee price sold us this company a month and a half ago. >> has anybody offered to reimburse you or give you the money that you invested with them? >> no. >> no. nothing. >> n do you expect to get the money back? >> no. >> all right. i'm going to go to aaron, the assistant regional director for the sec. aaron, thanks for being with with us this evening. can you tell us what the sec has found out from your investigation and what complaints arewh being filed against aubrey lee at this point? >> certainly, judge. early last week we were in federal court in atlanta and we were able to on the an emergency order freezing all of mr. price's assets as well as freezing all of his corporate entities assets. our first step in any case like this is to as fast as we can lock down all of the assets and all of the investors proceeds so

that to the extent mr. price or anyone else has continued access to these funds, they're not further dissipated. >> and when you say that you've frozen his assets, can you tell us how much you've been able to freeze at this point? i mean, we're talking about 17 million or 23 million that's disappeared? >> in fact, the allegations in the complaint we filed was that mr. price raised approximately $40 million from nearly 100 investors. it's a large figure, absolutely. >> how much have you frozen? >> unfortunately at this point in time it would be detrimental to the investigation to reveal certain of those details, but as we proceed and work with the court agent to try to recover assets for the benefit of the investors. >> do you think the victims in this case will get any of their money back? >> we're going to do our best efforts to work with the court agent to get as much back for investors as we can. >> do you think that the victims in this case will get some money back, yes or no? >> that's our goal.

>> good answer. right. aaron and wendy, thanks so much for being with us. of course, anyone with information about price's whereabouts should call the atlanta office of the fbi at 404-679-9000 or the atlanta county sheriff's office at 229-671-2985. all right. coming up, scott peterson fights for his life from san quentin. a multi-millionaire oil tycoon van she is withouishes without . his boat mysteriouly washes up on shore. was it suicide or something even more si sinister? stay with us.

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>> on the 18th of june his

wife and several other family members had received letters from mr. price indicating that he had to travel to key west, florida. he boarded a ferry from key west to fort myers and subsequently we do not know whether he exited that boat willingly. >> all right. investigators continue the search for answers in the mysterious disappearance of georgia banker aubrey lee price. joining our panel now is white collar crime investigator from s office, an office we're familiar with. our panel joins us again. ken, did this guy kill himself or is he on the l a m. >> he's on the lam. >> why? the alleged suicide note is too orchestrated, too detailed, to deliberately designed. he did things that were os 10 day shus. to make it look like he was

jumpinjumping off a ferry. buying a ticket that can get scanned but no visual reception ofnt his on the ferry. it's f designed. it reminds me very much of sam israel. >> that being a case in new york where a guy said what suicide is painless and they found him long after. dr. sharp, i'll go to you. he writes a confession or a suicide note depending on how you look at it, maybe. what do you make of it? >> the preamablamble was very strange. he was apologizing for the lack of harmony of thought, things youa don't see in a suicide no. if you're out of it, you don't say i'm sorry i'm out of it. he was very sensitive to how he was coming off. i want to say he did have a number of risk factors for suicide. if he would have been my patient, i would have hospital whyd him. white man, overwhelmed, anxious, suicide with plan. he could have done it, but the note is characteristic. >> by the way, nobody saw him jump off the ferry.

>> he makes a lot of good points, absolutely. >> all right, lawyers. let me ask you this. this guy takes a trip to venezuela where he t has propery there and guatemala and just weeks before hste does this, doesn't thatis suggest to you tt he was making plans, fanned he has property there, can we get it back for the victim? >> to me, the fact that he was there in south america weeks before and returned to this country actually cuts against the notion that this was some sort of an orchestrated escape here. >> w why? >> because if he knew that the jig was up here and that pretty soon everything was going to come tumbling down. he would have stayed there. after all, that's where everyone believes he has run off to now. what reason would he have to return to the country at a time when he knew criminal charges were just days away, judge. >> that's a good argument. do you buy that, josh. >> i don't buy it. >> i know you don't buy it. prove it. >> a lot of people need to set up things. this person seemed like he lived

a life of planning everything. i think it's not unusual that he would go ahead. can we get the property back? you know, the problem is we can go to rt co, the feds can go to court and say let's get for whicforfeiture. the problem is how are you going to enforce that. we don't have greatat relations with that country to say okay, now we're going to go present the order. >> you think chavez is going to come in and say seize the property, nopr problem, we'll lt you do it? >> ken, how do we prevent this kind of thing from happening. this guy is the director of a bank. it seems that he was a safe place to invest your money. >> his life was a con, and how you prevent it is having means to penetrate through the fallties and the lies that the con man puts up. the people that are his victims did not own stock or bonds or anything. they owned shares in his investment vehicle. they didn't actually have any assets. >> they couldn't open the newspaper and say gee, my stock

is up today. all they had wha was what? >> all they had were fictitious financial statements he prepared. >> this is like madoff. >> unfortunately investments are not bank accounts. there's nois insurance. there's no federal agency to go back to and say hey, i've been conned, give me my money. >> are they going to get their money back, any of these victims? >> i don't think so. >> why not. >> people steal one of two reasons. they're going to spend it or save it for themself. there's no evidence he lived a lavish lifestyle in georgia. that money is somewhere and that's where he is. >> that's too bad. guys, thanks so much. we'll see you later in the show anyway. next on justice, another guy van she h iguyvanishes without . his wife and mother are fighting over his fortune. later, could scott peterson's conviction be reversed? reversed? an attorney scoop. stay with us. >>what? >>sorry.

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parts of the u.s. are dealing with massive flooding, record rain and tornado. in virginia cell phone video captured this twister saturday. no reports of damage so far. in arizona a 38-year-old man was swept away by flood waters near phoenix. police say his truck had become trapped in a flash flood. check out the seen in suburban houston. neighborhood streets completely submerged, some areas only accessible by boat. and a russian soyuz spacecraft lifting off just hours ago carrying an american, a russian, and a japanese astronaut toward the international space station. the three-person team will join three other astronauts on the space station, the launch marking 37 years to the day since the world's first international crew space mission in 1975. i'm marry i can' marianne raffe. now back to justice with judge judge jeanine. police are searching for two

young girls in iowa. they were last seen friday afternoon riding their bicycles in evans dale. their bicycles have been found on a nearby trail. cook's mother said her daughter does not wander far from home. she believes the girls are abducted. police are classifying this as a missing persons case but will not rule out the possibility that the girls were abducted. police are asking for information on these two girls to contact them at 3 19-236-3882. this man's boat was found with the motor still running off the florida coast hours later. police have no idea what happened. now aguilar's wife and mother are at each other's throats in court, battling over the tycoon's $100 million oil fortune. take a look. >> i really love it here. he's a florida millionaire, a

married father of four who made his fortune in the oil industry. >> building an oil and gas company, there's nobody that could ever be ready for something like that. >> he owns real estate and sports teams in israel, but last month he vanished. seen in this video shot for a documentary about him, he owned a boat called the tt zion. on the evening of june 16th, he headed down to his private dock to take the zion out. at 7 p.m. surveillance video captures him motoring out to ocean waters near fort lauderdale. at 7:29 p.m., two and a half miles offshore, his gps system is turned on. the boat heads northeast at times going up to 31 miles an hour, but then at 7:56 p.m.,

there is a dramatic deceleration. the boat turns back towards shore and begins drifting. around 1 a.m. it runs aground on a fortud lauderdale beach, but aguilar is not aboard. the coast guard searches the water to no avail. subsequent investigation revealed the millionaire struggled with mental health issues, was plagued with massive lawsuits threatening his fortune and had a rocky marriage. so what really happened to him? >> former nypd detective and dr. john sharp. pat, i'll go to you now. .hree possibilities here one, he was thrown off the boat, it was an accident. two, he jumped off the boat. it was a suicide. three, and more sinister, he transferred to another boat tnoo get away. what do you think? >> number three. we'll start with that first. i don't buy it. he vanished, no footprint, no

fingerprint. he didn't take any money. unlike the other story, no money went with him. no gain at all on his side. transfer of the boat is not supported by the electronics from the boat. if you look at the gps, the compass, the mileage, it's consistent with the boat stopping, doing a 180 degree turn, going west for a couple hours and f bumping up against e coastline. what happened here? bi-polar guy, bad storm, small boat, big storm, bad idea. he fell into the drink and he's shark bait. >> so you think he accidentally got thrown over? >> o absolutely. >> what do you think, ken. >> this is a completely orchestrated disappearance. if you take a look at the gps data, it shows that he left his home port and there's an actual personal eyewitness who said that the boat was traveling at a very high rate of speed. hee turns on the gps two and a half miles offshore, heads on a very deliberate rat course to a very deliberatein heading when e boat suddenly slows down and

transferring fromra boat to boa, all motion is relative. as long as the boats line up, you can do it. then the boat drifts home and he goes whereverer his safe haven . >> we have two opposite opinions. dr. sharp? >> he had a major mental illness. he was really sick with bi-polar disorder. >> he had been hospitalized. >> committed, a conserve torship was put on him. his judgment was questionable. we don't know how he was doing just before. he might have been relatively stable. i think he was stressed. news from his wife about a divorce that day. >> you abou but the but the yead to divorce her. >> still, he was stressed. took off, bad judgment, maybe impulsive. we don't know what happened. >> what makes no sense to me is why you turn the gps on two and a half miles out and slow down as if you need the gps to meet someone at a particular place. you turn it on when you go back. >> exactly correct. in fact, if you take a look, his mother and her fiance were

already managing his affairs in israel. now they're in u.s. court combating with his wife over control of his u.s. assets. >> go ahead, pat. >> first of all, the gps was on the whole time. let's start with that. >> no, it doesn't. not for two and a half miles. he goes out two and a half miles and then he turns the gps on. >> okay. but irrespective of that, here's the fact that ken makes a solid point from a technical perspective, the slowing down the boat to 0.6 miles, you could transfer a body. the one thing that's missing is there's no schillings. none of that money came his way. >> wait a minute. there was no schillings with aubrey, either. this guy is worth $200 million. >> why didn't he take any of it will him if he's going to split. >> why didn't aubrey going to take with him? >any with him. >> i don't know aubrey. >> what i love about this case, guys, the guy isn't missing 36 hours and they're in court fighting. the mother and the wife are fighting over the money. what does that tell you. >> it tells me that the mother

is his stalking horse. that's why he didn't have to take assets with him. he's already got somebody taking care of them for him. he leaves his phone behind in a dry box and his mother gets possession of that phone before the police get to it. >> and his wallet behind, too. >> and his wallet also. >> these are things that could be deliberate rat. he obviously has questionable judgment, but this might be a plan. >>la i'ming outweighed here. big storm, small boat, bi-polar guy, had a bad day. the worst of all the bad days. that's my position and i'm sticking with it. >> what's interesting is the month before he transfers to his mother a guardianship if anything happens. that tells me that maybe he was planning something, just one month before. pat? >> some of the facts are a little odd. >> real fast. i've gotta wrap. are we going to find this guy? >> yes. eventually, yes. we'll find him some place where his money is and miss mother is keeping a good eye on them. >> all right.

thank for being with us. up next, scott peterson wants out of san quentin. he said he didn't get a fair trial. does he have a chance of getting out? stay with us. [ male announr ] way...

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eight years ago scott peterson is convicted of murdering his wife lacy and unborn son conner. >> we the jury, in the above entitled cause, find the defendant, scott lee peterson, guilty of the crime of murder of lacy denise peterson. >> prosecutors say he killed lacy and on christmas eve 2002 dumped her body in the san francisco bay. he is sentenced to death, but he has been living, status, condemned, in san quentin prison ever since. last week his lawyer filed a 427-page appeal in hopes of getting the conviction overturned. they claim prosecutors didn't prove how, where, or when the murders occurred. the conviction relied on shaky evidence, and that the case generated more media attention than the o.j. simpson trial and

the publicity tainted the jury pool. joining me now from sa san francisco is attorney michael car doza, a consultant for peterson's trial team. thanks for being with us this evening. >> sure, judge. >> the guy is convicted in 2004, sentenced in 2005. why is it taking00 so long for them to even file an appeal let alone sentence him to death? >> well, keep in mind someone that's on death row in the appellate attorney has to read all the transcripts. that includes all the side bars that they had during the trial, all the in chambers that they had including the voir dire, the opening statements. >> oh, come on, michael, you and ipe have both tried cases, and u could put this together yourself in less than a month. >> oh, come on. not for a death penalty case. no, i disagree with you. to do it properly, you take your time expwhrait years to file an appeal. >> you don't want to make a

mistake. sure. you don't want toht make a mistake. a means life is aman's life is . he's convicted of taking a life. i understand that. we as a society don't want to be like him, do we. >> no, we don't want to be clearly. michael, look. you and i both know eight years is ridiculous for an appeal. don't tell me it's going to take you eighth years to read it, come on. >> judge, you're looking at probably more 12 years before they get to carrying out the sentence if they, in fact, do that. eight years is a drop in the bucket. >> well,ro eight years to me is unacceptable and a waste of taxpayer money. how does this guy spend his days, do you know? >> i disagree with you. i do. he spends about five hours out of his cell. the rest of the day he spends in his single cell doing whatever he wants, watching television, reading, t doing whatever, but e extra five hours he can go out, play basketball, exercise, play

board games with the other people on the condemned row. >> sounds like a nice life to me. when he was first sentenced. >> no, no. >> he was dubbed scotty too hotty. why does this guy look so good. >> think about that. would you like five hours a day to exercise. >> well, i haven't killed anybody. >> and the food they give you. >> i understand that. you're asking why he looks good. they giveou him five hours a day to exercise. the meals aren't the best food in the world, you know. they're smaller portions, so theoretically he's on a diet, to who wouldn't look good or at least look better. >> then you know what? >> that's why he looks so good. >> add to it the fact the guy hasn't had a job assignment e he has been there. >> he's not working at all. he's leaning back and waiting to see what happens on his appeal, but that's his choice not to do it. >> yout know, it's a shame. the criminal justice system doesn't often treat the criminal once convicted the way they should. michael cardoza.

>>.thanks for being with us. >> none of us would want to be there. >> our legal teams weighs in on chances of having peterson's conviction overturned. ♪ how are things on the west coast? ♪ ♪ i hear you... ♪ rocky mountain high ♪ rocky, rocky mountain high ♪ ♪ all my exes live in texas ♪ ♪ born on the bayou [ female announcer ] the perfect song for everywhere can be downloaded almost anywhere. ♪ i'm back, back in the new york groove ♪ [ male announcer ] the nation's largest 4g network. covering 2,000 more 4g cities and towns than verin. rethink possible. car insurance companies say they'll save yoby switching, you'd have like, a ton of dollars. but how are they saving you those dollars? a lot of companies might answer "um" or, "no comment." then there's esurance. born online, raised by technology,

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death >> convicted and sentenced to death in 2004 in the murder of his wife and unborn son, scott peterson is alive and well in san quentin jail. now he wants his death sentenced overturned. we're back with our panel. all right, guys. here we've got death staring this guy straight in the face and scott period son looks pretty darn good. you're aod psychiatrist, dr. sharp. how do you explain that? >>ch he has a stoicism which is

really too cool, you know. it's probably because he's trying to stick to his own truth. you know, normally with all the losses that he suffered, his wife, his child, his freedom, he's condemned. he wouldn't look that good. i think he's a cool cucumber who is sticking to his story. >> maybe a associate yo path? >> well, could be. offer that up. >> i'm trying to be polite. >> since when are we being polite? i mean, if he committed the kind of murder it looks like he did and there he is looking so pretty in jail and doesn't seem to be sweating at all, that's consistent s with associate yo c behavior. >> we hav we no idea who is payg for his defense. before we condemn the length of time it's taking for the appeal

... >> don't you agree you should have a system there where you have to file the appeal within two years. the state will pay for the attorney and give you the best investigators as they do in every death penalty case. i have to be honest, maybe they couldn't agree on lawyers. >> this is the end. there's nothing else here.th they're going to give as much time as needed. >> eight years? >> i agree. the problem is you've got one brief, another brief. everybody is jumping on the bandwagon, and salem tel say lel you. peterson is still claiming his innocence and has an incentive to get this brief in as soon as possible. really the fact that it's taking this long i think cab be examined from the other side and saying there may have been great disappointment on his part that it took this long to get these arguments, many of which i feel are wonderful arguments on the appeal, judge. >> what arguments are you talking about? >> in my view, the trial judge

made a really significant error in eliminating from the jury panel any juror who expressed their opposition to the death penalty but did not say that they could not follow the law. that's a no-no according to the u.s. supreme court. that's point number one in the brief, and franklinly, i think they have a good shot of succeeding before the california supreme court on that issue alone. >> do you agree? >> in jury selection y decide who is going to sit there and listen. somebody who immediately says -- >> you don't pick people that say they could t if the evidence were there return a death penalty, right? >> that's what the law says. unfortunately what happened here is the judge just eliminated based on answers on the jury questionnaires jurors who said they themself were personally opposed to the death penalty but never said that in the right case, they could not impose the death penalty. that's a gravy error that may inure to his benefit. >> most of the arguments in the brief have to do with whether

there was so much notoriety and press that it wasn't a fair trial. >> we don't buy that, do we? >> casey anthony is a perfect example. >> she wasn't convicted. >>n' but there was so much going on in the news, and if it's the same theory there couldn't be a fair trial, saying this person was convicted in the press, maybe the jury did the right thing. >> i see what you're saying. that mitigates against it. >> you had mobs of people outside the courthouse after the guilty verdict was returned cheering on the jurors as they came out and before they had to begin the process. the jurors want to do the right thing. that's one thing i've d learned. they want to do the right thing. they're not going to be influenced. >> do you think this guy is going to be set free? >> i don't think so. >> i thinke there's a legitimate chance. >> there would be a retrial. >> there could ben a retrial or the cour>>t could vacate the deh sentence andh he would stand on life without parole for the rest of his life. >> let's talk about if it's life without parole. what this guy in his cell, dr. sharp, he has patient. one picture where most prisoners

have a collage of pictures. it's patient of he and lacy. >> that's the most amazing thing. the only picture is of her there with him. >> what does that tell you? >> it tells you that he's convinced in his mind that they have a union which is precious, which is something to be attributed, and you know, it's crazy. >> yeah. dr. sharp, josh, and fred, thanks so much for being with us this evening. >> thank you, judge. and before we go, michigan new book, sly fox, will be out this tuesday. the young assistant d.a. from west cheswestchester fights fore for a battled female bartender, putting herself at risk, facing challenges in and out of the courtroom, and a shocking twist no one saw coming. check it out on our website, fox news.com. if you're in the area, i'll be at barnes & noble in new york on thursday. stop by. i'll oda be signing copies. that's it for us tonight. thanks for joining us.

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