>> well, bill fitzpatrick has over 75 homicide prosecutions himself.rosecutor for over 24 years, and i've been a prosecutor for over two. >> reporter: almost immediately, a courtroom bombshell. ten jurors had been quickly selected, all white, when nick and his defense team made a shocking announcement. they were opting for a bench trial, letting judge felix catena decide nick's future. "new york times" reporter jesse mckinley. >> i think their calculation was, "we're better off going with a legal mind, someone that knows the law." >> reporter: so they're arguing it to the judge? he will be the judge and the jury in this? >> absolutely. >> good morning, everyone. please be seated. mr. fitzpatrick, your opening statement. >> thank you very much, your honor. >> reporter: bill fitzpatrick laid out the state's case, painting a portrait of nick hillary as a scorned lover and a liar. he said nick's own words from his video deposition given under oath would nail him. >> the only reason he has to lie is because he was killing garrett. >> reporter: but longtime