paul callan and joey jackson with back with me now.are always surprised when it's a lady on death row. and we are way more surprised when the lady actually walks the dead man walking hallway. 15 women have been executed in the united states since 1977. why is it that there is such a disproportionate number of women to men? is it that it's the crimes or it's ugly, we just don't want to sentence a woman to death? >> women are less violent than men. you're dealing with a much smaller pool. and i think also juries are much less likely to give the death penalty to a woman than to a man. >> does that extend all the way to that midnight phone call -- it's not a midnight one in this respect, she's sentenced -- she's scheduled for 7:00 p.m., i think, six hours and ten minutes by my clock. is it possible that that last-minute clemency call might actually happen by the governor because she's a woman? >> we'll see whether the government's persuaded by that. what's interesting to me is that this comes on the heels of another case that they're deali

i want to bring in joey jackson and danny savolis. i think people think if you're hateful and commit a crime it's a no-brainer. it is not that simple. >> no. because what you do has to be motivated by that hate. and like any case, the result is driven by what the facts were. and so, indeed, the fbi and invest gatding the case and remind people there's a parallel investigation. the state is pursuing the murder charges and the federal government is pursuing the federal hate charges but you look at the surrounding circumstances. what actually and you see the definition there. right? >> yeah. this is what i was wondering and the checklist they go with, right? motivated by bias against race, religion, disability, sexual orientation, ethnicity, gender, gender identity. comments, drawings, objects used in the commission of the crime or around it. the community believes the crime was motivated by bias. animosity existed between the suspect and the victim. let's just say this guy was very hateful towards all sorts of religions and ended up com

hln legal analyst joey jackson has insights on this. i think i said it wrong before. this applies to the children, children who were born here to parents who came here, so under no fault of their own, if you will, but were in line for deportation. coming up tomorrow actually, the government was going to start accepting these applications to prevent deportation of these people that were supposed to be deported. is this going to hold, this judge's ruling? >> that's the open question. it's actually the parents it applies to. the children are held harmless. >> i did say it right the first time. >> it's all good, poppy. here are these three principles coming together. the first one is this, politics, remember that? and people are saying, listen, the judge who actually did this, it's a bush appointee. he's known to be not too friendly towards the administration's immigration posture. he was appointed by bush in 2002. so that's the first issue. the likelihood based upon this judge making that ruling that it would stand when it goes to the higher court is suspect. the second

i want to bring back joey jackson. those are words that i say ouch. publicly.on't know fit's going to affect any kind of investigation. but it's the first time we've heard from anybody close to this case that there is a problem and maybe not everybody who needs to be talking is talking. >> two things you can tell from that statement. one, this guy clearly is not hear husband. if he was he would have been able to see her already. he would have had a legal right. two, the family blames him. the family believes he may have had something to do with how it is she is now and that's abundantly clear from that statement. >> let's say for the sake of argument here, that bobbie brown does not know thaefrg the police is up to or everything that the police have been able to find oubt in their investigation. is it fair to be saying something like this or is it deflam toir to nick gordon if in fact this young man has been speaking to police. >> here's the reality. forget about what he may or may not be saying to the police, they, that is the family, bobby brown, want them sp

i want to bring in hln legal analyst joey jackson for more. oey. >> good morning, carol. >> there's a criminal investigation going on right now. what are police looking for as far as bruce jenner is concerned if this was a chain reaction crash? >> what will happen, carol it will be a two-fold investigation. the first part will involve -- stephanie addressed a lot of that issue. they'll speak to the drivers of the cars. they'll speak with any other eyewitnesses in order to determine what car did what whose conduct was what and what were relative positions of the vehicles and then second part of it is scientific and it relates to accident reconstruction. a lot of physics involved. if you look at the crush impact of the vehicle, you can determine the speed of the vehicle, the positioning of the vehicle, they'll measure the skid marks on the ground and they'll make an assessment about where the cars were and how this accident occurred. the other part of it is when they do that they'll assess whether or not there was any negligent conduct. no one wh

i might be thinking i'm wringing out a dish rag when i'm really wringing out joey jackson's neck. texas has chosen to only apply a very strict right and wrong test which essentially says at the time of were you lay boring under a mental defect that you couldn't appreciate the wrongfulness of your actions. >> so he's got one shot at it. here's what's fascinating. you mentioned the issues of what he did after the killings. does that show he knew right from wrong? he fled the scene. he went to his sister's. he got a food. is it possible he was crazy or insane for an instant. there is something called temporary insanity. google twinkie in the break and come out and find out if that prevails in this case. back in a moment. ou control and now technology gives you home security and control in a new and revolutionary way. introducing plug & protect from livewatch security, an easy to use wireless security system, customized just for your home. control from any smartphone, tablet, or computer and monitored by professionals 24/7. go to livewatch.com to get plug & protect interactive securit

let's bring in "hln" legal analyst joey jackson. he joins us by phone from new york. o the l.a. county sheriff's department is now opening this vehicular manslaughter investigation. what does that involve? >> good morning, victor. what will happen is is the investigators want to identify exactly what happened in the accident and how it happened in the accident. when you have multiple parties, what you want to do is you want to assess the conduct of each party. so it's not only limited, victor, to bruce jenner, it's, of course, limited to any -- each and every car that was involved there. i think it really will be twofold. it will be one, looking at and identifying any eyewitness and, of course, speaking to them to see what they can contribute as far as exactly what happened. and there will be reports taken from those people who are actually there who observed who were involved. then the second part to that, victor, is also a fair amount of science. there's something called accident reconstruction. and it really involves physics. when you look at the crush impact and th

joe johns and joey jackson, thanks so much. >>> still to come in the "newsroom," jon stewart is doneaving "the daily show." what could be next for him? we'll talk about that next. female announcer: through presidents' day, get 36 months interest-free financing, and save up to $300 on beautyrest and posturepedic. even get three years interest-free financing on tempur-pedic. plus, free delivery, set up and removal of your old set. and sleep train's 100-day money back guarantee. keep more presidents in your wallet. this special financing offer ends presidents' day at sleep train. ...guaranteed! ♪ sleep train ♪ ♪ your ticket to a better night's sleep ♪ bulldog: mattress discounters presidents day sale ends presidents day? get up to four years interest-free financing on the entire tempur-pedic cloud collection! and, get a queen size serta mattress and box spring set for just $397. ♪ mattress discounters ♪ >>> he made politics cool and the the daily news fun. jon stewart is stepping down. what's next? >> i don't have any specific plans. got a lot of ideas. got a lot of things in my head. i

we want to bring in legal analyst joey jackson.dering what can he do? are there legal steps that he can take to overturn the suspension in any way? >> good morning, kristi. this is about domestic violence and near and dear to your heart. i think nascar has learned from the nfl this is something that needs to be taken seriously and they have their own internal rules and their own internal guidelines and those guidelines very clearly provide for there to be an appeal to a three-panel body which he did do on saturday and, thereafter, to one person, that is the -- that would have the final say. of course, the chairman at any time could lift this but the reality is these are governed by internal rules. there's no outside entity that can now dictate to nascar that he needs to be returned. of course, the concern is, as mentioned, he has not been criminally charged at all. this emanates from a protective order in family court where where he was found by a preponderance of the evidence so gauge in an act of domestic violence. in terms of ap

joey jackson is joining us geng. good morning to you again, joey. let's look at hernandez.y in that trial judge said you can watch the super bowl but if his name comes up, get out of the room. should jurors avoid oscar coverage tonight because of this movie? >> good morning, christi. judge jackson would say yesterday but i'm not presiding but another judge carson is and he hasn't made mention to. . the reality when the jurors are picked the issue is not whether you know about "american sniper" whether you've seen the movie or you connect to the movie. the issue can you put that aside for the jury and can you understand that hollywood is hollywood? and this is a real-life trial involving people and issues and facts and events. and the jury promises you during voir dire, that process where attorneys are selecting a fair and impartial jury as the sixth amendment that the instituticon provides. that you base a decision what you hear in this courtroom, then we are satisfied. the judge admonishes the jury saying don't listen to any media reports and don't be persuaded or influenc

joey jackson doing the analysis for me here.n we saw that clip of the made, she wasn't speaking because a translator was giving us her testimony. but that really, to me, could have cut both ways. you're seeing a woman crying and nervous on the phone a day after her fiance's friend is murdered and her sister's boyfriend is murdered. isn't it plausible she could be upset? >> it's a great point and that's certainly the argument that the defense is going to make. but, remember, you can't view a trial in isolation. and that jury will be reminded that every piece of the puzzle matters. let's unpack the puzzle. you're carrying out a trash bag but yet you have a maid. so if it's garbage, does not the maid deal with the garbage? so you're going to make the argument, the defense will, that it's just garbage in the bag, right? but you have maids that deal with that, so the issue then becomes, does it make sense? if it's not garbage, what else might it be? that comes on the heels of -- we saw that coded text message, go back and pick someth

i want to bring in mel robbins and joey jackson., yes, that's dramatic, yes, you can probably see her facial reactions if she has to listen to that in court. she probably already knows about it. but ultimately she's standing by her man. does it speak at all to the actual key question, did he kill odin lloyd? does it help or hurt? >> it does nothing. it's interesting to talk about. what's going to be fascinating is when she takes the stand. and she's going to be forced to take the stand in this case. they've granted her immunity, which means they backed her into a corner. she's going to take the stand. they'll haask her questions and she's either going to lie which she is alleged to do in front of the grand jury 29 times, or she'll refuse to testify, in which case she'll be held in contempt. either way, it's her behavior on the stand that will weigh in this case, not these text messages, ashleigh. >> i also want to bring in some video -- i'm not sure if we have it ready to go. some video was shown in court -- surveillance video at a

jack ford, i want to bring you in on this as well, and joey jackson.ive months before an actual murder charge. is that because you must have everything in order before you go that route? >> one of the things that prosecutors if they didn't know it before learned from the first o.j. simpson trial is, don't go rushing into a case. you'll remember in the o.j. simpson trial, the prosecutors were still getting evidence results back in the middle of the trial. part of that was a defense strategy where the defense pushed them. but if you're the prosecutor in a high-profile case such as this, it's a small community down there. i've been teaching at the university of virginia for the last two years. and this just did terrible things to the sense of that community. and you're the prosecutor, you want to make sure you've got everything lined up before you bring these charges. and this has been a difficult case. we don't know what the facts are. joey and i were talking about this before. you don't know exactly how many hard facts there are out there. they have som

joey jackson, thanks so much.e in the "newsroom," how is this for pain at the pump? oil at 200 bucks a barrel. >> overnight you're paying five cents more a gallon for gas. i'll tell you if all of those good days of low gases price are over right after the break. startup-ny. it's working for new york state. already 55 companies are investing over $98 million dollars and creating over 2100 jobs. from long island to all across upstate new york, more businesses are coming to new york. they are paying no property taxes no corporate taxes no sales taxes. and with over 300 locations, and 3.7 million square feet available, there's a place that's right for your business. see if startup-ny can work for you. go to startup.ny.gov. please! no. please? no. for those headaches that just aren't bad enough for a lot of please. please. please. medicine, there's new excedrin mild headache. please! please! 35% less medicine plus a booster to end everyday headaches fast. wow, my headache's gone. excedrin mild headache. >>> well it cou

let's bring in legal analyst and joey jackson. ng to you. >> good morning vincent. where do they go from here? can they file an appeal or is it going start now? >> i think victor that's what we're going to see. this is about the third time that they have asked this judge. intentionally back in september of last year before the trial began they said that we can not get a rare trial here. it showed that there were such tensions that were inflamed that the client can no get a rare trial. then on the eve of trial because it was supposed to begin in november and they petitioned to move the trial until september of this coming wreer and they said no, we will give you two months. they renewed the request for a change of venue, and the judge said no. then the third time that they did, the brought it to the division and a three judge panel sad no but they could petition all of them. all of them would make a decision opposed to the three. the final point of that victor is remember that the way the criminal system works is that you have panel

photographed walked into the house minutes after prosecutors say lloyd is seen hold -- >> let's bring in joey jacksoning analyst and defense attorney. good to see you. >> good afternoon, fred good to see you. how much of a difference does it make when a jury gets to go on a field trip like this. >> it could be significant, in a normal case what ends up happening is attorneys are arguing in court, they're showing photographs, they're showing evidence and jurors are able to persuade the evidence though that jury is empanelled in a kareem. that is other wooirz corroborated and buttressed by the fact that now the jury gets a hands eye view of the cell tower that they're going to be looking at that relate to pings on lloyd hernandez's home. they were right there, so they saw when there was the pickup there was aaron hernandez, mr. wallace's star co-defendants too, then they go to the home of aaron hernandez, before that fredericka they go to the fall crime scene, so it is helpful to have a jury who otherwise is con fined to the courtroom to go to the fall seen to get a sense and a flavor. >> a number of i

let's bring in hln legal analyst joey jackson.and unusual comments taking soul, do you think this points to insanity? >> it could. of course the defense will amp up everything that happens to insanity including the past medical history. that's ralph and including him going in and out of mental institutions to get that treatment, so in addition to that you have a text message from who? the actual person who was killed, kyle. he is going on with little field and saying that this guy is nuts and watch my back. little field saying and there's indication and not that there experts but something is amiss. then you look and take it further and then when someone is running from the police it's a conscience of guilt. you know what you're doing is wrong. in this case they will say that he was under paranoia and saying that he is going insane and souls looking to get him. it plays in the defense strategy to say that they did not know right from wrong. >> danny, i want to go to something that you wrote and you said "sanity is raised in less t

joey jackson and ester. we talk about the video of this dismantling of the phone. why is it key? it's beyond key. think about this. i think the judge got it right on the legal issue because it comes down to a right of an expectation of privacy. you're out in public. they didn't bulldoze their way into his home. the legal issue, she's got it right. what's the effect of that. i'm aaron hernandez, i did nothing wrong, i was merely present. the prosecution doesn't have to show he pulled the trigger or did the crime but that he actively participated. so his whole argument is look i'm merely present. you're saying i'm there, that's not enough legally. but if i was only there and had nothing else to do what am i calling my co-defendant for and what am i not only calling him for, but why am i destroying the phone? at the end of the day you have injuries that have common sense. it may be circumstantial but, boy, oh, boy, as you sit and listen to this the reality is what else are you going to think. >> she's nodding it is huge. what about the attorney unsuccessfully arguing he has a right

sunni hostin and joey jackson, thanks for being with us.h the girlfriend last name weed. she gets on there and she says life with routh was becoming progressively worse because he was diseased of mind and spirit. joey jackson, how did they punctuate the matter? >> in a very big way. who would know him better than of course his girlfriend. what does she describe? she describes in detail how he went into this grip of psychosis, and how? initially he threatened his family to kill them. he threatened himself as a barbecue. what happened thereafter? he then holds her captive in his apartment with a sword saying you're not going anywhere. you know why, chris? i hear voices. they're coming to get me. he doesn't know the difference. >> you have eddie routh on trial, you've got the va on trial for not keeping him in when the family asked to you have how we treat mental illness and pts on trial because obviously he needed help. even chris kyle was trying to help him. the jury has to process all of this. sunni, then we get to the next tool they used t

let's bring in our legal panel, criminal defense attorney darren and hln legal analyst joey jackson. good to see you, fred. >> joey to you first. so if it's not unlawful for anyone to record in public places why is it so many police officers feel they have the right to take your phone and camera? >> it's a very good question and one best directed towards the respective commissioners who govern the police. now, certainly, you have a first amendment right in order to make recordings and be out there and understand that look i think it could be a dual benefit. it protects police from any false claims and it certainly protects citizens from any claims that are actually factual. i think that there needs to be a better understanding between the dynamics. we're in an age of technology. based on technology, people have smart phones and they record. imagine a world in which there was no recordings or because look at the piece you gave us before the break. amazing. >> yeah. >> what cell phones can capturementcapture ment . finally, michael brown, imagine all the answers that would have been you

let's talk about this with hln legal analyst joey jackson and sunny who is tins. o to both of you. joey first to you. when you have this md when you have a psychiatrist explaining talking about psychotic and going into the definition of insanity that has to be key. it's not just a layperson, this is someone who knows what they're talking about. >> very compelling. you get an expert witness there, you go through the credentials and that means you lay the foundation you can ask him how many articles you've written about the topic and what is your educational background and how long you've been involved and so from the get-go had he sound very credible and compelling and now you shift into the actual issues related to this case and this tick individual. certainly when you have an expert that's suggesting what you just mentioned, psychotic, can abls and it's not only the expert but you dove tail that with the other testimony, the defense we know began with the testimony and so you get the layman description of who routh was and who he turned into and now you have an ex

let's get some analysis from joey jackson.sting angle today as the psychiatrist testified for the prosecution. he found the defendant was intoxicated from smoking pot at the time of this shooting. because of that alone, he could not claim insanity under texas guidelines. danny, we'll start with you. explain what he means. >> it sounds counterintuitive but intoxication in this case is good for the prosecution, not the defense. here's why. at the close of the case the prosecution will request and they will get an instruction under texas law, which is this. jurors voluntary intoxication is not a defense to a crime. so every shred of evidence you've heard about drug use will not be a defense to a crime. ultimately your decision is as injuries whether or not this defendant news the difference between right and wrong. right and wrong simply means, did he know it was illegal? if i'm the prosecutor this is my closing, my finger. i use it to push a button on the vcr and it plays two pieces. number one, where he admits on camera that he

let's bring in hln legal analyst and criminal defense attorney joey jackson. looking at the defense beginning their case has happened. you have a lot of family members or those who know eddie ray routh well taking the stand. his sister just took the stand. i believe his mother was the first witness the defense called. what's the defense trying to do? >> this is big. here's why. remember the defense has a burden here. normal cases the defense has no burden at all. it's the state that has a burden beyond a reasonable doubt. when you put insanity up there as an affirmative defense, now the prosecution has their burden but defense also has a burden. is it more likely than not that routh is insane. who would know better than the family members? so the defense started with his mom. he was a happy-go-lucky guy. but he went to iraq went on a humanitarian mission in haiti and he came back changed. he came back suicidal. in 2011, he was committed to a mental institution. that was voluntary. then he was civilly committed against his will. and, remember eight days prior t

let me bring back in cnn legal analyst danny cevallos and joey jackson.say that, that he is definitely the last person he saw? >> i'm surprised he made any admissions at all. you know this case probably better than anyone. what strikes me is that -- i really wonder how much it will play in the actual trial itself. what impression did you get? did he appear sincere to you? >> yeah, i mean he was very low key, he was friendly to the crew. we spent a good couple hours with him. it was an early morning interview. but now he is in court and representing himself. >> mistake. >> so what's the problem there? he doesn't think he has long to live. he thinks he has heart problems. >> congestive heart failure. >> he wants to get this done and out of jail. >> it's often said that the man who represents himself has a fool for a client, right? even more so, pro se defendants are at once the bain and the dplorry of the legal system. i can't tell you how often i've asked defense counsel been appointed as advisory counsel. it is enincredibly difficult. because you have not

. >> let's talk about this with cnn legal analyst paul callan and cnn legal analyst joey jackson.a point. there's a lot of myths here and a lot we don't know. i don't want to speculate but it is strange when you have an incident where the mother goes back to the home and gets her son, brandon, out of bed. he comes and brandishes a weapon. i don't know what was justifiable and not justified. there's a preliminary hearing set for the 10th which will determine whether or not nowsch is rightfully held or not. witnesses will testify. we'll get a clearer picture. from a defense perspective, there are a lot of questions and very little answers. >> paul i know you agree with mr. defense attorney. >> all i know is it's a bizarre las vegas case. frankly, the defense attorney said some very sensible things last night. he said it's very suspicious number one. why was ms. meyers giving her daughter a driver's license in the middle of the night. we don't usually do that at night. if she was confronted by somebody threatening, why not go to the cops as mr. jackson just said and you go and get yo

. >> joey jackson, thanks so much as usual. >>> checking other top stories for you at 55 minutes pastrding to the mayor, residents complained of a gas odor. workers from the gas company arrived to investigate and 90 minutes later that house exploded. several other homes were damaged as well. jodi arias' life will be in the hands of jurors again. her defense team pleading for sympathy again in her sentencing retrial using personal photos. the prosecution paints arias as a manipulative liar never remorseful for killing travis alexander in 2008. the jury is expected to get the case before the end of the day. >>> in weather news 27 million people are under winter storm warnings right now. we're looking at messy weather from texas all of the way to delaware. snow and ice slamming more than 1,400 miles of our great country. georgia, tennessee, alabama, all declaring states of emergency ahead of the crippling conditions. >>> they're nicknamed the sea cow so when they swam into a drain pipe it caused a big clog. it took more than a plummer to clear the drain. >> reporter: how do you find 19 m

. >> with me now, legal analyst joey jackson and cnn legal analyst danny saah val a. >> what do you think was the clinching piece of evidence? >> two pieces. one is the video of him fleeing from the police because the police are people who arrest you when you do something illegal. that shows that he knew -- >> doing something wrong. >> you got it. the second one would be the video where the investigators expertly asked the right questions because they know the statute and they asked him, did you know what you did was wrong. he says yeah, yeah i did. those had to be critical piece was evidence. ultimately you can have a mental disease or defect and be not insane. there was plenty of evidence of mental disease, but the ultimate question was whether or not routh knew what he was doing was wrong at the time that he did it. and the jury it appears, answered that question pretty easily. >> and pretty quickly. >> there's question about the motives. joey, i want to ask you, danny mentioned the interview with routh and that being a dam ning piece of evidence. his own words used against him. i want

also with me here, joey jackson, retired judge alex ferrari, as well. when's the earliest you think the jury could get the case, ed? >> reporter: well, we're expecting to hear at least two expert witnesses testify on behalf of the prosecution here at some point today so i'm not entirely clear that closing arguments will start this afternoon. probably more likely i think at this point although this is very much in the air to start monday and the first forensic psychologist to testify, ongoing as we speak, is a sipsychologis that interviewed eddie ray routh here at the jail in stephenville and what he has to say is completely different from the defense's own medical expert saying that not only does he not think that eddie ray routh suffers delusion or psychosis, more of a personality disorder which is not psychosis and that the psychotic behavior did display induced by drug and alcohol abuse and this is significant because here in the state of texas that is considered a voluntary choice and voluntarily smoked marijuana and abused marijuana and alcohol, th

let's bring in paul and joey jackson. we just heard about the experts.it's going to be which rationale makes the most sense under these facts. paul, the idea of "seinfeld." was that a parlor trick or do you think there's something there for prosecutors? >> no, there is something instructive there. they said they had evidence that the "seinfeld" episode involving the pig man and another reality show provided sort of a map for him. and he makes a lot of pig references. so i think prosecutors were trying to show, this is a guy who can plan, he learns things from television, and that's why later on he would say, i'm a schizophrenic, and he was trying to prepare his insanity defense, in other words, in advance. >> joey, this is a case of conflicting experts. both sides have had medical experts, one who says eddie ray routh was in a psychotic episode and one who said he was faking it. >> very interesting, but not surprising. because generally speaking, you have the prosecution experts who are saying he knew right from wrong. of course, you have the defense who

also with me here joey jackson, retired judge alex

let's talk about the case with joey jackson.u surprised by this jury selection process as the film is out in theaters? it has to create a huge problem. >> i would think that it would. good morning to you and chris. you have to evaluate this to the backdrop and the popularity of the movie. nominated for six acammy awards and in addition to that february 2nd is national chris kyle day, so the trial moves on against the backdrop and the popularity of the movie and then the hero and then closer to home in that community, so certainly there is challenges of picking a jury. another trial that we're following there was a juror that was a stealth juror and had things that she did not say when selected as a jury. the parallel is there. do the jurors tell you who they are and what's the important of service. >> we talked about the boston bomber and how difficult that's going to be as well. let's talk more about this mr. ralph, do you think that he can get a fair trial? >> there are complexities on that for the reason that we discussed, an

joey jackson. for the purposes of this discussion. lady and gentleman, let's split it. ot an insanity situation. and joey you take why it is. and i'm going to let you go first, mel. what are the biggest reasons why pts will not make it here as a defense in this situation? >> well the biggest reasons, chris, and good morning chris and joey are the actions of the defendant himself. right after the shooting what did he do? he didn't stand there and continue to rage with ibrahim hassan al asiri serious mental illness, he jumped in kyle's car, chris kyle's car. and he fled the scene and he immediately went and confessed. and not only to his sister but later on he admitted he knew what he did was wrong. that's a critical piece. because in the state of texas, you not only have to show serious mental illness, but you also have to show that the person that committed the murder didn't know what they were doing was wrong. and this defendant said that he did. >> just so people at home get it nonlawyers get it. because you hear that and you said how could you not think that shooting

we have joey jackson, thank you for making it in from the snow. you know the deal on all of this.uring and after. that is the key components of this. all right now let's look at before all right? the first thing that the prosecution put up and paul you're going to tell us why they would put up all this stuff in a second. chris kyle's voicemails joey when hair them as the defense attorney what does routh sound like in those voicemails to chris kyle before any of this happened? >> what happened is that three of those calls are very innocuous, he's calling, leaving messages and you can't really determine anything from them. there's one call however, chris, that's quite disturbing. he's talking about the rain it's a sad day, it's a good day, it's a bad day. as a result of that you know that something is a bit amiss, think that's the call that the defense is going to use to have it work in their favor to show he didn't know right from wrong. >> why would you, mr. prosecutor put any of this on when on its face it doesn't seem good for you? >> it's called taking the sting out of bad evid

we have joey jackson, hln legal analyst with us and criminal defense attorney and mr.nalyst, senior partner at callan legal. a former nyc homicide prosecutor as well as criminal defense attorney. big moment, fellows, this is eddie ray routh in the back of a squad car, he's talking about his presence of mind. the jury got to see this obviously compelling for the jury to see the defendant in his own words in the elements so close to the scene of the crime. what do you think it did for the prosecution, mr. callan? >> it's always a mixed bag in this case because it's an insanity case. and you listen to him, half the time you think -- he's mentally ill. he's crazy. the rest of the time you say, you know something, he understands the difference between right and wrong. prosecutors are going to say even in that rambling discourse, he indicates he knows the difference between right and wrong and that's all they have to prove. >> you see indication that this could be used by prosecutors to show plan or? >> absolutely. >> some type of manipulation. >> plan, scheme manipulation a

listen you guys did a great job on this, paul callan, joey jackson, sometimes a trial is about a lot more this is one of those, appreciate it. >>> we're just two days away from the possible partial shutdown of the department of homeland security. today, signs of a compromise to end the senate stale mate majority leader mitch mcconnell offering a so-called clean bill to fund dhs short-term and a separate bill to repeal president obama's executive action on immigration. cnn's jim acosta joins us from the white house to help us understand the latest. >> good morning, alisyn. president obama is just standing on the sidelines right now, watching to see whether or not the republicans who are in control of congress can get this done as you said senate majority leader mitch mcconnell has the plan to allow a vote on a clean spending bill for the department of homeland security so the department does not shut down at the end of the week and offer up a separate vote to allow republicans to cast a vote registering their complaints with the president's executive action on immigration. the democra

let's bring in joey jackson, hln legal analyst and criminal defense attorney and paul callan cnn local analyst and counselor at callan foster nady and bragler, llc. joey you know your role paul take the prosecution role. today we'll start with the defense, because really it's about sizing up what is going on there and haas going to happen. we have here the defendant, mr. routh. here's what we now know. here's the defense, chris kyle's own texts show routh was legally insane. now, joey the text is -- chris kyle going back and forth with his friend about how this guy is straight-up crazy, whatever the words were. why is that useful to the defense? >> it's useful chris, because it goes to the critical issue in the case which is state of mind. now you'll hear expert testimony, throughout the case understand it's the defense's burden to prove that he was insane. but what else are you going to hear besides experts? what else besides his own family? that is routh to speak to the issues of his mental illness? you hear what the perceptions were of the person he killed. >> so joey -- >> the peop

and joey jackson, this is narrow.says if the prosecutor shows by the way you were high and you did that volume tearily, that negates your insanity defense. >> we need to address the burden. the burden that the defense has is to show that is it more likely than not that he was insane. that's the standard we call that in law, a preponderance of the evidence. and therefore the burden is a very fair one to meet. the second issue, the issue on the intoxication voluntary intoxication voluntary drug use is never a defense as it relates to your state of mind but we had an expert testify here that it was not the intoxication that caused him to act and do what he did. it was the fact that he had a mental health history. there are many who have mental health problems who rely upon alcohol and drugs to what we call self-medicate. >> is that an excuse or explanation? >> it's an explanation, that goes to show he was insane and was relying upon these things in order to make him feel better. they didn't motivate or cause him to do wh

let's get some answers, we have with us hln analyst joey jackson and retired detective harry hauch. ng from just road rage into something seemingly more complicated, more details here. what do you make of this new report that the suspect told friends saying, quote, they were after me and i got them. could that be used in some way to strengthen the potential self defense claim? >> good morning, victor. it certainly can and certainly the defense attorneys will use that for their purposes, that is of course to suggest that the reason he fired was because he was under attack. but that's one of many pieces to the puzzle that will be added. certainly in the continuing interviewing of people as the police will do, scouring for surveillance video or anything to add clarity to what occurred the prosecution of course will be building their case and the defense will build theirs. it will come down to what were the motivations, how did this happen, why did it happen, why did it have to happen? so, certainly in the event he was under attack that is mr. nowsch at the time that he fired the shot, t

liam analyst joey jackson here with us. yes, palm that's exactly what they said.oke about "seinfeld." the b role cramer believes there is some pig people out there. this went to contriveance. there is ha plan. tell us. >> it's so bizarre, chris the last high profile andrea yates, remember she killed her children. in that case the psychiatrist said she got it from a "law and order" episode. it was a mistake. she got a new trial. now, she was acquitted in the second trial, so bizarre now, another tv show comes up. yes, it shows planning. he is constantly making these pig references and the prosecution is saying this works into the he knew it was wrong, he planned the ill caning. bus he based it on this character. >> a second component, joey that played into it also if you are going to shoot it down. they said you know what he also once before when he threatened family members and friends, he knew he got sent to a hospital for that. >> right. >> he knew if he made the same kind of plea he may get the same faith. >> very good argument. here's why, we all get thoughts

want to bring in jeffrey toobin former federal prosecutor and joey jackson, hln legal analyst and criminalrney for the prosecution and defense, this is a great conversation for us to have. jeffrey, let's talk about this because, again, this press conference coming at around 11:00 today. we're expecting to hear that he already has been charged, an upgrade from what he was charged with abduction with attempt to defiel in graham's case. help us understand the upgrade in the charge. >> well it can be dna evidence. it could be some sort of forensic evidence. what's been striking about this case is that this man appears to be a suspect in multiple cases, including a sexual assault, the death of a virginia tech student several years earlier. what's curious is that apparently there was forensic evidence tying him to those two cases but not the hannah graham case. perhaps the announcement today will suggest that there is forensic evidence in this case. >> so as a defense attorney, what is the challenge then for the defense if this kind of forensic evidence exists? what poses -- what challenges does

so let's break it down with our legal panel joey jackson, legal analyst, criminal defense attorney pault's just go through both of you. put your minds in the prosecution's side. their first element, which i thought was a little interesting, the guns. the guns come up. kyle and littlefield, the two men who lost their lives both had safeties on their guns they were loaded, they were in the locked holster position. why is that relevant paul callan for the prosecution? >> they're demonstrating a cold-blooded killing here. obviously, these were trained military men who would've gone for their guns to defend themselves if they could have. instead, they didn't even get a chance to reach for their guns. they're establishing a cold-blooded killing. >> if i had to take the other side of it joey why wouldn't the defense say, oh, it also shows they had no reason this was coming because the man was insane. >> and that's the argument. in addition understand that we're talking about a grip of psychosis. we're talking about paranoia schizophrenia. and someone in that state of mind certainly is going to

mel rob and joey jackson, hln legal analyst. lady and gentlemen, let's start with the field trip. l, especially with this many venues. a reminder of the chronology. joey you're next to me. what pops out to you here about what they need to see there in order to make the case? >> well think about it this way, chris. generally speaking in a courtroom, right, what you're doing is you're taking the jury through the testimony in a courtroom. you're taking them to the scene. interestingly enough what's happening here is they're physically actually taking them to the scene. so they'll see a number of things and obviously this is a circumstantial case on the part of the prosecution. in general terms, let's talk about who's affected by what. i think the prosecutor's going to play big. the secluded area. remember the nissan enters that secluded area and that of course is that industrial park where the body is found, but then let's jump forward. where else are they going to go chris? they're going to go to aaron hernandez home and when you live in such a beautiful home in a beautiful environme

let's bring in joey jackson, and midwin charles, criminal defense attorney. but not today, you've got to play the other side of it for me. this was, we've had a five and a half-day prosecution quick. two and a half-day defense, even quicker, i think it suggests joany, that these people are getting ready to go another round. what do you see about the timing of this and tell us what happened with the mental health experts. >> the timing was fine you want to lay out your evidence suggest to the jury that the knew what he was done. he knew right from wrong. as to the defense, i thought this particular witness was very effective. why was he effective? i thought he was effective in terms of evaluating the whole mental health history and just explaining it. and explaining that you know what there were pig assassins who were out to get this client. >> that's what it was, forget about his qualifications and what he knew. when he said that the guy told me that i thought chris kyled a chad littlefield, were half-pig assassins and i know i work with cannibals, the testim

joey poindexter could spend the next 140 years in state prison. live in rockville, i'm kevin lewis, abc 7 news. >> time now for a look at today's top stories. indianapolis colts linebacker d'qwell jackson faces a misdemeanor assault charge in the district. police arrested jackson last night for allegedly punching a pizza delivery driver in a dispute over a parking spot. jackson made the interception that started the deflategate investigation of the new england patriots. >> the prince william county school board meets tonight to discuss more potential budget cuts. all day kindergarten is among the programs facing elimination or reduction. the board says it's running out of options after years of growing enrollment. >> and 17 people remain unaccounted for after a plane crashed in taiwan. transasia plane went down in taipei killing at least 26 people on board. plane's final moments were captured by several vehicle dash cams. rescuers pulled more than a dozen survivors from the watery wreckage. >> back here at home the district is performing bridge and tunnel safety inspections that could cause some traffic backups. the right lanes of pennsylvania avenue westbound to the ramp, to 695 close