41-year-old marcia clark smart, savvy, hardworking,d dedicated.t was also the subject of an episode of "law & order.” >> he accosted me on the street, and then i tried to get away. he told me to stop, and when i didn't, he attacked me. >> two years after rebecca schaeffer's murder, robert john bardo goes to trial. the prosecution waived the death penalty. >> the public defender had wanted to waive jury in exchange for not seeking the death penalty. >> this case will be decided not by a jury but by a judge. it was a gamble, but they believed they had a better shot with a judge than with a jury. bardo's admitting that he shot rebecca schaeffer. it's not a whodunnit, it's a why. >> the defense was going to lean very heavily on a mental defense, so i had to prove that the murder was premeditated and that there were special circumstances in order to get a life without the possibility of parole sentence. >> the defense wasn't claiming insanity here and saying he should be found not guilty. he had a mental defect and could not have developed the necessar