karen desoto is still with us. just to give a sense of the graph tas of this moment, for all of these folks we're told within the courtroom that multiple jurors were crying during the judge's final comments including the forewoman. is that something you normally see? >> sometimes you do see it. and actually, many cases one in particular in pennsylvania with kermit gosselin, the court will bring in a psychiatrist to do post-traumatic stress counseling -- >> for the jurors correct. >> we're getting a statement now from attorney general loretta lynch who says we know all too well that no verdict can heal the souls of those who lost loved ones nor the minds and bodies of those who suffered life changing injuries but the ultimate penalty is a fitting penalty for this horrific crime and we hope the completion of this prosecution will bring some measure of closure to the victims and their families. we thank the jurors for their service and resilience yens and support in the law enforcement community in boston and througho

let's turn to karen desoto, professor of political science at new jersey city university. together. >> this is amazing. touch dna, a relatively new technique, actually been used in high-profile cases before which ramsey for one. it's interesting because usually in regular dna testing and since the mid 1990s, we've gone through a few generations of dna testings but touch dna, they can analyze one or two cells of shedded skin or cells. whereas you would need 15 to 20 in the regular kind of dna. so this technique which i'm assuming they used on the saliva in this case is extraordinary. the technology is amazing. the fact they were able to do that and it wasn't burnt in the fire is quite a good thing. >> this is a big break for investigators. >> it's a huge break for investigators because that dna obviously, if he's in the database which apparently he was, now in many states and under federal law since 1999 if you are incarcerated in a federal prison or if you're in a state that collects database you go into the system. and therefore, if you ever do anything and there's a samp

i want to bring in karen desoto who's been part of the coverage today. aren, your thoughts on some of the conversation that was just being had about what it means now? >> you know, ari, it's very interesting. because this case is not a case that you can talk about death penalty trends and policies. this was a global event. this impacted the entire united states. this was an attack on the united states. so even if the death penalty tomorrow in every state was overruled, you would still -- this case would still be here on a federal level. and we would be discussing these same ideas. i mean, this was just such a heinous and cruel act. and, you know, i pause to use this as some kind of measure for death penalty cases. because again, this is so unusual. >> and tell me your thoughts on the prosecution here. i mean, we have been focused so much on what the jury has done, and that is what's new. but we watched the prosecution here that really threw everything they had at this defendant. and really was able to dispense with the defense that we heard, that even if

i'm joined by karen desoto good morning. >> good morning, jose. >> now what happens with the prosecution'snst the suspect are being upgraded. >> yes, of course now that the officer has sadly passed away it's going to be upgraded to a first-degree and in new york thankfully, we don't have the death penalty, however, this unfortunate suspect at this point is going to be facing life in prison without the possibility of parole. >> and do we know i mean what happened? >> well you know the facts aren't 100% clear right now, but it appears, or the reports say, that they pulled up and they were in an unmarked car and that they saw a waistband, and in the waistband a gun or object in the waistband of the subject and, you know it sounds like he got panicky and shot and a police officer wound up passing away in this case shot in the head through the glass of the car. and this would be the fifth shooting in new york since december of a police officer. >> this is the fifth shooting i mean, in five months. >> yeah this is becoming quite a problem in new york and a lot of people are saying or trying to l

let me bring in karen desoto good to see you. >> hi jose. >> this wint character is now charged withwhat happens next? >> obviously, he'll be taken into custody, they'll be interrogated he'll ask for an attorney, the investigation will plead out and he'll try and get out on bail obviously, in a first-degree murder that's very unlikely, then he'll go through the process, but at this point they have him in custody. they are going to want as much information as humanly possible at this point. other people were arrested so they are going to hopefully answer the questions law enforcement has and see if this is him, if he was acting with two, three, four five other people and try and get as much information. >> law enforcement tells nbc that wint showed little emotion when he was captured total of five people including wint were taken into custody. two women in wint's car, two men in a box truck. do you make any of that? >> the more people the better jose, because the more people there are, the more information you're likely to get. getting arrested isn't a pleasant process. even if they w

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karen desoto is a legal analyst. >> i'll give you the same question i gave ari, based on the amount of they are leaning one way or another? >> i can base it on my experience. in these death penalty cases, people are a lot more educated now than they were 10 or 15 years ago. so many are aware of what a super max prison is. many jurors actually feel that if the crime is heinous and cruel like in this case that being in a super max prison is far worse than death. so it's very interesting. you would be surprised the numbers on how many people feel that way. that said we have a case where the government is very serious about the death penalty here, 17 of those 30 counts are all death penalty cases. if i had to look at it from that point of view the government really wants something and 17 counts, it's likely that's going to happen and if ever there was a case cruel and heinous, obviously this was it. >> what you just said there at the beginning is veryrevealing the fact that 20 years ago before folks knew about super max prisons and before they were what they are now, a lot of jurors probab