bryce benjet, jeffrey toobin, thanks so much.e all your insights on this very interesting story. thank you. >> thank you. >>> well, a program note. don't miss the premiere of cnn's original series "death row stories" tonight 9:00 eastern and pacific right here on cnn. >>> coming up at the top of the hour, we're digging into the disappearance of a malaysia airlines passenger plane and the two people who were on the plane two people who were on the plane with stolen passports. -- captions by vitac -- www.vitac.com ♪ led to the one jobhing you always wanted. at university of phoenix, we believe every education- not just ours- should be built around the career that you want. imagine that. i'm bethand i'm michelle. and we own the paper cottage. it's a stationery and gifts store. anything we purchase for the paper cottage goes on our ink card. so you can manage your business expenses and access them online instantly with the game changing app from ink. we didn't get into business to spend time managing receipts, that's why we have ink.

joining me is jeffrey toobin and here in new york, jamal greene, professor at columbia law school. me start with you, why do you think we don't hear more in the press from reporters other than you about this lack of questioning from clarence tom mass? >> i think the people who cover the court take it for granted and it is true that justice thomas, he votes like the other justices, he writes opinions in the way the other justices do, he writes the same number give or take, and the oral argument is certainly not the most important part of being a supreme court justice but it is an important part and to me not asking questions nfor eight years is a dereliction of his job. >> in your column you called it a disgrace. >> well because the only public thing that supreme court justices do other than render their opinions is hear argument and, you know, there's a reason why the phrase "your day in court" resonates for so many of us because, you know, when you're in court, you expect that the judge will hear you out, the judge will engage with your lawyer, and if you think about nine justices

and to his left, of course, our own jeffrey toobin, our senior legal analyst.st and foremost, post conviction dna testing. you think it's a no-brainer. when you hear about your story, the other stories, every one of the stories in this episode. and it's not. it is not a given that someone can get post conviction dna testing. it just defies logic. >> it's not. in fact, out of the 143 that have been exonerated in the united states, only 18 have been dna exonerations. so it really shows that we have a lot of systemic problems outside of dna testing. >> by the way, there was no direct evidence. there was eyewitness testimony that proved all to be mistaken. >> right. >> it was someone who just called anonymously to the police to suggest -- i think i know the guy you're looking for. >> my next door neighbor called the police and said it looks leak my neighbor, kirk. >> looks like. >> looks like my neighbor, kirk. and he said -- the witnesses said that this guy i saw was 6'5". curly blonde hair. bushy mustache. tan skin and skinny. my hair was as red as a fire plug ba

. >> let's dig deeper now with a forensic scientist, also with us senior legal analyst jeffrey toobineff did the prosecution score points today talking about the contents of her stomach, amount of urine in her bladder? >> i think they scored points every day. this has been a case that has gone very well for the prosecution. the prosecution has a story that this was a fight that this couple had, and he shot her in the bathroom in a fit of rage. that story fits with virtually every piece of evidence. the idea that he made a mistake and shot what he thought was an intruder, there really is not much evidence to support his view at this point. now, it's still relatively early in the trial. but i think by and large, pistorius is in a lot of trouble here. >> dr. kobalinski, contents of her stomach how significant is that? >> it is significant. because what the state has to do through the use of forensics is to determine whether his story makes sense or not. the fact of the matter is, when food is eaten it transits through the digestive tract in a certain time course. in about two hours in a

i want to bring in our equal justice panel, senior legal analyst jeffrey toobin and a new york reproductivetrist at cornell university. jeff, what do you make of the fact that just hours before the sister called we heard the 911 tape, police found her said clearly she was disturbed but lucid, not a threat to herself. >> this happens a lot. because you don't know in advance when people are going to crack like this. you don't -- we have a hard enough time in the legal system determining what happened in the past. but expecting police or medical personnel to predict what's going to happen in the future, it's just -- we don't have the tools to do it. so it's tragic or was almost tragic, but it's not that the surprising. >> dr. berndor f, so many people find this unthinkable and don't understand how a mother could do this, particularly somebody pregnant with another child. what do you make of it? >> it's unthinkable. i think that sort of speaks to mental illness. because a mother in her right mind? who would try and kill their kids? so it seems clear to me, and i don't know this person, but that

jeffrey toobin jumped into the sweep tak sweepstakes, publishing a list.st line was from reporter michelle dean. she said "if you admire ruth bader ginsburg so much, stop asking her to quit." the assumption is that ginsburg's special role can be replaced by another cookie cutter democratic pick. but it can't. compared to 1993, the court was less right wing. when president clinton touted her that year, he embraced her unifying approach. >> she will be able to be a force for consensus building on the supreme court, just as she has been on the court of appeals. so that our judges can become an instrument of our common unity in the expression of their fidelity to the constitution. >> a lot has changed since then. while the court should not be reduced to merely an ideological contest, we should remember both parties' picks have been marching the court to the right. george w. bush replaced justice o'connor with a more current justice lito. if liberals want to intensify the fight for progressive bench, we should probably start by pushing more great jurists in the

jeffrey toobin along with our asks analyst miles o'brien and peter goals. t was responsible, pilot suicide that has been the case in at least two other major disasters. who would be legally liable as far as compensating the passengers are concerned? >> let's start with the basics. the basics are that under the international treaty known as the montreal convention, every passenger is almost certainly entitled to about $175,000 from the airline. but if a court proceeding could show that there was the fault of the pilot or otherwise the fault of an airline employee, the airline could be responsible for a great deal more money. so if the pilot or co-pilot brought it down, the airline would be responsible for enormous damages. >> and would malaysian airlines go along with that if it was determined the pilot for whatever reason brought that plane down in the middle of the indian ocean, would malaysian airlines step up and say, yes, we hired this guy and we're now going to pay off all these families? >> they'd be forced to, i imagine, if that were the case. but we'

we're going to talk to cnn legal analyst jeffrey toobin. [ male announcer ] if you have yet to masterzes ] [ male announcer ] you may be an allergy muddler. try zyrtec® for powerful allergy relief. and zyrtec® is different than claritin® because it starts working faster on the first day you take it. zyrtec®. love the air. [ sneezes ] [prof. burke] at farmers,we make you smarter [bell rings] about your insurance,because what you don't know can hurt you. what if you didn't know that home insurance can keep your stuff covered,even when it's not at home? or that collisions with wildlife on the road may not be covered. and what if you didn't know that you could be liable for any accidents on your property? the more you know,the better you can plan for what's ahead. talk to farmers and get smarter about your insurance. ♪ we are farmers bum - pa - dum, bum - bum - bum - bum♪ >>> welcome back. a busy morning at the murder trial of south african blade runner oscar mipistorius. testimony that the neighbor heard the girlfriend screaming before she heard gunshots. divorce attorneys tried to make

nice to meet you my name is jim what's your name my name is jeffrey. toobin. science technology innovation all the latest developments from around russia we've got the future covered. and we're back with sir philip craven president of the international paralympic committee so obviously you have come across some amazing live stories inspiring stories your personal story as well being one of those but if you could single one out what is the most inspiring story from an athlete that you have heard or met. that is a very difficult question because. as i've said previously i always just look at athletes as athlete softly says people. true to say the many many paralympians of over come what may be viewed is barriers whether it's physical or psychological or i don't know what to do with integration into society one thing about paralympians is they're fighters they're fighters who fight very very hard for what they believe in for what their rights are what their freedom should be so i cannot come up with and one individual story i read normally leave up to the media t