. >> we, the jury in the above-entitled action, find the defendant daniel patrick wozniak guilty of the crime of murder. >> reporter: this was a death penalty case. dan wozniak should live or die. defense attorney scott sanders made absolutely no excuses for his client. >> we did nothing in the course of the guilt phase of this case to indicate that we were challenging his responsibility for the crime. >> reporter: but he did ask the jury to consider whether dan would deserve the death penalty if someone else influenced his decision to kill. that person? in the defense's view, it was >> i call her a shrewd girlfriend, very shrewd, very sharp. >> reporter: sanders reminded rachel went to the police department to see dan. >> she's learning about all this incredible stuff, and she has no reaction, and you can see it on the interview tape. she has no reaction. >> reporter: he said that while dan didn't fool the cops, rachel just might have. >> these are good officers. if you look at their questioning, it's good, and she still gets past them. >> reporter: but prosecutor murphy saw things dif