mark geragos kimberly priest johnson, and mark o'mara. good evening to all of you, thanks for being with us. >> hey, don how are you? >> thanks. >> "american sniper" only won one oscar. does that say anything about public opinion? >> no i reality don't think it does. like you said it made an enormous amount of money. no question that chris is looked at as an american hero. doesn't have to win it from the academy to know that every american looks in their heart and sees somebody who is willing to give service to his country. and unfortunately, his life in effect in service for his country as well. i don't care what the oscars say, chris is a hero. >> kimberly? >> i completely agree with what mark just said. in addition because there's such a narrow issue, that this texas jury is deciding, not whether eddy routh killed chris kyle and chat littlefield, but only whether or not eddy routh himself was insane at the time of the killing. i think because of that what happened at the oscars has no effect on the jury's decision. >> mark what does th

is that unusual mark geragos? >> in a case like this, no. think that ben brafman who is my buddy sitting on the set with you was spot-on when he said in a case like this, if it is a quick verdict, you know sitit is a guilty, because no way that 12 people are going to be instantly going to go to gravitate to not guilty by reason of insanity, because it is a relatively rare verdict for the defense to get, a not guilty by reason of insanity and in this case timing is everything and obvious obviously, coming on the heels of the academy awards and the oscars and then having the deliberations, and having the jury to go out, and if ta havehey have to go, they have to go all night night, and they figured two hours, and that is it. >> and as a matter of fact before the verdict was read mr. brafman wrote me a note here and he said, i never saw a criminal trial end with the absence of it without any facts in d dispute.. >> yes, the facts were not disputed. and the fact is was he insane, and if you commit a cold blooded murd murder, you have to understa

police. >> thank you. >>> and now, back with mark gar geragos, and mark o'mara, and that l.a. goodness. it is unbelievable. let let's talk about the missouri one. mark geragos when there is a female officer warning the other officers that the dash cam is recording, and then it soon turns off, what do you think about that? >> it is not about race but it is the ingrained police belief that they shouldn't be second-guessed or watched. that is what transpires here and for 3 22 years, i have been doing, this and i have heard the clients repeatedly tell me white, black, latino, armenian, whoever, that it happens all of the time and that the police do it and when they march them into the court, it is the civilian versus the police's word and you don't have a videotape, and therefore, it is who is going to win, because everybody wants to believe the police. >> mark o'mara? >> destruction of evidence. that is a crime if the my client did that to destroy the evidence of a crime or evidence of non-crime, and cops simply cannot do it. it is a brave new world for the cops, but they better

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cnn legal analyst, mark geragos and danny cevallos.ou say the shooter when he was caught he was paranoid. you say that is -- >> in texas, voluntary intoxication is not a defense to the crime. and the prous prosecution benefits from the drug evidence. the prosecution benefits from that whereas the defense probably wants to keep it out. at the end of the trial, if the jury gets the instruction of voluntary intoxication which says voluntary intoxication, not a defense. they go back in the jury room and say all of that evidence of drug abuse is not evidence of insanity. so we can disregard that. so with each drug they put in front of that jury and i know there was controversial issues today, that will help the prosecution. >> the fact though that right away he was saying i've been paranoid all day, i've been schizophrenic. could the prosecution also say, well, the fact he's so self-aware about his mental condition, that indicates that he would have known what was right and what was wrong. >> texas law is very clear. you can suffer from a m

joining us now, criminal defense attorney mark geragos and former federal prosecutor jeffrey toobin.ean jeff you embarked mark both last night raised a lot of questions about this. now it seems though the husband, the wife knew this young man. had tried to help him and left the house afraid, essentially, that he knew where she lived. >> right. the first version of this we heard was that she had gone with the son to try to chase him down. and obviously, a lot of people were very critical of that. the version we heard today was that she left the house to escape to run away from him because she feared that he was coming to get her. again, we're -- the police investigators are going to have to learn a lot more. but, you know, the facts matter and it seems like the facts are somewhat different than what we understood initially. >> mark, again this coming from the victim's husband, the fact that she knew the suspect, and again, according to the husband, spent hours consoling him certainly adds a whole other dimension to this. >> well there's a whole other dimension, but i still don't think

and also mark geragos. attorney and cnn analyst. good evening to both of you. when a celebrity is involved in a fatal impact how does that affect the investigation going forward? >> well obviously the police pay a little bit more attention. it gets heightened scrutiny any time you have the media involved in a case. that means people are going to be looking at it analyzing it and you're going to have all kinds of extra added attention. the fact that mr. jenner cooperated immediately, had the blood drawn and they're going to do a tox screen to make sure that there was no alcohol or drugs in the system is helpful to him. but at the same time even though it may take up to six months as the sheriff was saying for them to determine who was at fault, i think it's probably a foregone conclusion you will see civil lawsuits filed well before that six-month date. >> you have a source close to this case. what have they told you about this investigation? >> well they initially -- any time you have a fatality the sheriff's department or the chp, whoever the investigating age

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mark geragos and danny cevallos and host of dr. drew on call. of the problems was the alcohol abuse and something the jury picked up on. >> yeah i'm actually fascinated. the jury in this case seems to have hit on all the issues. they would have been read an instruction that was essentially this. voluntary intoxication is not a defense to any crime in texas. so every shred of evidence that was evidence of intoxication or drug use negated that insanity defense. that's why the prosecution pushed so hard to get that in and the defense was left in an awkward position of trying to separate the two, saying yes, he used drugs but that was separate and distinct from his mental disease that he labored under. which is interesting because i'm sure as dr. drew will tell us, it's almost impossible to separate in the case of a dual diagnosis a mental illness with a drug addiction or abuse. >> from what i understand about mental illness, a lot of people mask it with drug abuse. a lot of people who are suffering from mental illness will turn to drugs to kind of

joining us mark geragos, thank you very much for talking with us. and just starting with this guilty verdict, it really couldn't go any other way, could it, given what we knew. >> well given everything we knew and the timing of the trial coming on the heels of the oscars and the appearances of the widow kind of wall to wall the jury really had nowhere else to go. and i think that the proof of that was that it only took them two hours to deliberate. >> now the defense was pushing saying that this -- his actions were based because he was insane. because of a menial disorder. the jury -- a mental disorder. the jury seemed to dismace that. eddie ray routh did serve in iraq but not in combat. how do you or does the jury differentiate between ptsd and a true mental disorder? >> well the standard in texas where this case was tried and the crime of committed is a very high bar. and basically the knowing right from wrong. and in this case the things that hurt him were the "new yorker" article where he made a statement that he still coop figure out why he did

. >> earlier we asked the famous trial lawyer and cnn legal analyst mark gary geragos for his perspective a listen. >> given everything we know and the timing of the trial coming on the heels of the scars and the appearances of the widow wall to wall the jury really had nowhere else to go. i think the proof was that it only took two hours to deliberate. >> the defense was pushing saying that the actions were based because he was insane. because of a mental diser. the jury seemed to dismiss that. eddie ray routh did serve in iraq but not in combat. chris kyle did. how do you or how does the jury differentiate between ptsd and a true menial disorder? >> the standard in texas where this case was tried and where the crime was committed is a very high bar basically knowing the right from wrong. in this case the thanks hurt him were the "new yorker" article where he stated he couldn't figure out why he did it and the fact that he had taken the truck, chris kyle's truck and lead police on a chase. then you have the videotapes of him kind of jumping down on to the ground as if he knew he had fina

joining us legal analyst mark geragos and jeffrey toobin. according to police report one of the myers brandished a gun first. >> that's a new claim, as of today. i mean this whole story is a good example of why we and people out in the world shouldn't make up our minds about what we think happened in a crime story upon hearing the first reports. i mean the issue of who was the investigator of this confrontation, how it unfolded i think the only thing clear, absolutely this is why you do an investigation first before you go to trial. >> mark, i mean if the family knew who did this i guess i don't understand why they wouldn't share that information with the police or share information that there was a prior relationship with the police and looking for an unnamed suspect and looked nothing like this guy. >> i think we discussed last night and i said jeff one of the reasons i wanted to see what was unfolding here was because i don't think that the police were so convinced that they wanted to tell the family what was going on. and today, we now f

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joining us are attorney mark geragos geragos, and attorney jeff toobin, and last night, you and mark both raised questions about this and now it seems that accord according to the husband, the wife knew this young man and tried to help him, and left the house afraid that essentially, he knew where she lived? >> right. and the first version of this we heard that she had gone with the son to try to chase him down and obviously a lot of people were critical of that. the version that we heard today because that she left the house to escape, to run away from him, because she feared that he he was going to be coming to get her, and again, the police investigators have to learn a lot more and the facts matter and the facts are different than what we understood initially. >> and mark again, coming from the vik the victim's husband and the fact that she knew the suspect, and again, according to the husband spent hours consoling him added another dimension to it. >> yes. there is a whole other dimension, but i don't think that we are getting, you know 50% of a what really is going on here. non

joined now by cnn legal analyst danny is a val -- cevallos and mark geragos. about the insanity defense. a lot who watch tv thinks it's a common think that people get off all the time on this and it's not so. >> it's a myth. the insanity defense is used in a tiny fraction of cases and once invoked, it's successful in even less than that. so it's really actually factually a very rare instance that someone is found not guilty by reason of insanity. >> mark, let me tell you what i hear as someone who has not been instructed by a judge. over the days, i heard the victim sent a contemporaneous text that he looked nuts to him. and we have the testimony of the officers talking in gibberish of the talking about the apocalypse and he had been in and out of mental hospitals in the months before. if i'm a naive person on the jury, or just doesn't know the law, that seems like he's got issues in his head. >> look, danny is right it's rarely used but when someone is this far gone mentally they are usually not competent to stand trial. you can't even medicate them to get th

. >> again, everyone being looked at in this investigation, we appreciate it very much, mark geragos, thank you for the reporting. >> thank you. >>> also, this stop story, the family of u.s. hostage kayla mueller says they're hopeful they're beloved daughter is still alive. the message for isis, next. i have moderate to severe crohn's disease. it's tough, but i've managed. but managing my symptoms was all i was doing. so when i finally told my doctor, he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal inf

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. >> joining me now is mark geragos, and criminal defense attorney, of course. mark, if there's no indication that paparazzi were contributing factor in this crash, does it shift the burden back to bruce jenner, or how does something like this play out? is the person in the original vehicle that allegedly, whether it's stalled or slowed down, that was initially rear-ended is that person held responsible? >> well, there's -- literally one of the reasons why they think it will take six months, but i don't know it will take that long, is because they have to determine what exactly happened. why did that one car stall. number two, why did he -- why did jenner rear-end that car. and what was he doing just prior to that. and the testing to see, and have his blood taken, is to determine that there's no alcohol or drug that is going to influence, or put him under the influence, such that it would have been a felony matter. the fact remains that even if there is no alcohol, no drugs, they can still do what's called a misdemeanor manslaughter, and that -- in order to have