let's bring in misty merez and ben levine, both trial attorneys. mind if i start with ben today? >> absolutely not. >> why would his legal team want these medical records? explain that to us. >> what it sounds like hernandez's attorneys are trying to pursue here is either a defense of insanity, or more likely, they're going to argue that hernandez had diminished capacity. they're going to say that diminished capacity is based upon his time with the new england patriots with concussions, head trauma, and other related injuries, which would not allow him to plan or commit premeditated, deliberate murder three separate times. >> yeah, okay. so misty, should they be allowed to be given access to these medical records? >> there's no question that they're going to be given access to these medical records. and the reason being, these records are hernandez's records. so his team, as long as he authorizes it, he can have those records. the question is, whether or not those records will actually be admissible in court. and that's going to come down the line.