let's bring in criminal defense attorney and fox news legal analyst arthur aidala.ng us. >> my pleasure. >> we know six women will be sitting on this jury. who benefits from that? >> typically the women, the straight-up prejudice is women don't want to put people in jail especially on something like this which is going to be a long period of time. however here the victim is a boy. not over 18 years old. he's a very young person. there are mothers on the jury who may be able to relate to that little boy. they don't want someone who killed him walking free. i would almost say it is a tie in terms of who it really benefits. we're being so prejudice by saying it's a woman. >> the other thing i wondered is does this open up the floor for someone to come back after a decision is made to say it wasn't a jury of their peers? >> probably not. they spent ten days or so selecting this jury and they went to painstaking measures to make sure they had a fair and impartial jury. >> opening statements begin today. what do you expect to hear from both sides? >> i expect to hear the

we will continue to look into this and we have arthur aidala coming up in the second half of the show with more. appreciate the update. >> now a fox business alert stocks suffering their worst sell off of this year. ben bernanke saying the fed stimulus program will end. will wall street bounce back today? lauren simonetti joins us to break it all down. >> some relief for world markets thank goodness. the dow tumbled 560 points giving up everything they gained in the month of may and june. this selling over two-days since november of 2011. quickly at the same time investors had nowhere to go. sometimes selling be gat selling. bonds the highest since 2011. >>> for those of us who really want to use those gadgets on airplanes even during takeoff and landing there may be good news? >> a committee is expected to rule relatively soon in the next couple months on whether we can bring electronic devices and keep them on during a flight. perhaps soon you can use your e reader the entire flight and other electronics can be used at low altitudes. the rules the faa uses the standard they set with

criminal defense attorney fox news contributor arthur aidala joins us.tates the defense has to prove sanity or insanity in this case it is on the prosecution. explain that. >> usually in the united states of america the defense has the burden of proof. they have to prove to the jury their client did not know right from wrong. when they picked up the gun, they thought it was a banana they were squeezing. in colorado it is the other way around. the prosecution has to say ladies and gentlemen, we're going to prove to you beyond a reasonable doubt that he was sane and knew what he was doing. >> this is why the truth serum comes into effect? >> to accomplish that they're allowing government doctors toent view him. -- to interview him. part of his ability to use his defense, he has to cooperate. he can't say i'm not talking to you, doctors. he has to cooperate. the doctors can choose, it is their choice whether they think he is lying. they give him this serum. >> how reliable is this? this isn't used very often. >> it is not used very often. it may not be used

. >> fox news contributor arthur aidala. >> anywhere in the 50 states when you are charged with killingne and the prosecutor lays out the detailed case the way they did two-days ago a judge isn't going to let them face life in prison. >> it seems like a solid case the prosecutes cushion has against them. >> that's the beauty of having a celebrity or someone as easily recognizable as the target as the suspect. they built up the investigation. he is not going anywhere. it's very hard for that guy to disappear the way everyone recognized. >> bullet casings in his car the bubble gum the rental car person also the tax from the victim. the victim sending a text to his sister expressing concern he was with hernandez and also he was with nfl or hernandez. i was minutes ago thinking like does he have a screw lose? >> because he was so sloppy? >> no. there's no motive. there is this whole thing they were in a club 2 days before and he didn't like lloyd kill someone two-days later. maybe it was a heat of passion. >> now he is reporting he's under investigation for two unsolved murders in boston th

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joining us is fox news legal analyst arthur aidala and jonna spilbore. thanks for coming.'s the 911 call. don't you have to allow that at trial. >> you can allow the 911 call. the point the prosecution wants to make hey we can now analyze the voice on those screams and determine it was travon and not zimmerman. which i don't think it's junk science. if that were allowed in, you know the defense is going to get their own expert. you can pay someone to say anything. that would be a wash. >> alisyn: what do you think? >> i think it is such a critical piece of evidence for a jury -- look, a jury is supposed to find out what happened. you are taking 12 brains. you throw stuff at them and supposed to analyze and say this is what we think happened. this is vital. it may be right and correct. maybe the prosecutor's expert says we believe that is travon screaming. the defense says no that's zimmerman screaming. >> and then where are we? >> the 12 jurors analyze what they heard from the experts. they say is he a gun for hire. we are not going to believe that. no, he seems like is he

arthur aidala is a former prosecutor, a criminal defense attorney and a fox news legal analyst. i pulled a line out of the ap's reporting on this topic and i want to put it on screen for our viewers. the lawyers say that complying with the judge's orders would force them to ac act unethically. they say it's not their role to give nidal hasan advice about his defense strategy, he says he shot the people on the post to protect taliban leaders in afghanistan. i feel for these folks. they have been defending him -- through out of three of them have been defending him for more than three years. can they do that, fred? >> they have to advance a defense that has a basis in the law and they know hasan is not going to do this. this is hasan's fault. he was told moth to represent himself own and over and over again because it increases the risk of conviction and execution. it's like killing your parents and then asking mercy from the court because you're an orphan. he created the problem. the military and the populous have a right to a trial and a fair and speed tree trial and this has go

. >> alisyn: arthur aidala weighs in. he looks guilty. >> hey whoa, whoa.f innocence in the united states of america. >> brian: how do you explain his actions? >> first of all -- i'll play the role of defense attorney. nobody knows who broke his camera. nobody knows who smashed the security system. nobody knows who hired the cleaning people. >> alisyn: he smashed his cell phone. >> but there is something called circumstantial evidence. if you're in front of a jury, you're allowed to say, ladies and gentlemen, brian walks in with his feet wet, you can presume it's raining outside. these are facts that aren't so great for him. also, there is a lot of misinformation out there. yesterday i was on with shep at 3:00 o'clock. there were reports in the rental car there was a gun found in the car. now they're pulling back. there is undisputable facts. they were together that night. they were in the car that night. that car is linked to the homicide in some form. that's what the cops are saying. >> brian: was he driving? >> yes, he was driving. >> steve: and they fou

>>brian: arthur aidala joins us. how unique is this?lot of stuff on the internet says we have to spend this money on his defense. it should be clear he said i want to plead guilty to life without parole. i'm ready to go to jail for the rest of my life. we don't have to go through any of this. and that has been rejected. now he's saying his defense is guilty by reason of insanity which would mean he would be eligible for life without parole. this is all without the death penalty. in other words, this is about killing him or not killing him. >>gretchen: why didn't the prosecution just accept that? >> my hope is they spoke to the victims' families and the victims' family are adamant they want the death penalty and that's why they're doing this. it's the citizens most affected by this have made that decision. but we're going to spend a lot of money, time, effort and energy to kill him as opposed to warehouse him until the day he dies. >>brian: when he talk to your staff about this, have they found -- because you don't do any of your researc

joining us now is defense attorney jonna spilbore and arthur aidala.he court that the home surveillance system of the defendant was destroyed and his cell phone was smashed with a hammer or something? >> that's going to be something tough to get around that's the basis of the obstruction of justice charge. he clearly impeded an investigation. he is not going to be able to say i didn't know there was an investigation because in this age, he left a digital bread crumbs that he was with the guy who was eventually found dead hours before he was found dead and then all of a sudden not only is he destroying his phone, his cameras. he is calling in a clean crew out of the blew to do wash. >> i think the question was how do you defend the guy not throw the guy under the bus. >> really impossible. that's your job. >> digital bread crumbs. that's new. there is no evidence, zero evidence that he called the cleaning crew, that he destroyed evidence. >> it's his house. >> okay. it's his house. did you see the size of the house? it's like bigger than the munster's h