the venerable team of earl ward and norman siegel for the defense. for the state, d.a.fitzpatrick, a renowned prosecutor from another county, to take the lead in court. so you bring in fitzpatrick from down in syracuse for what reason? >> well, bill fitzpatrick has over 75 homicide prosecutions himself. he's been a prosecutor for over 24 years, and i've been a prosecutor for over two. >> almost immediately, a courtroom bombshell. ten jurors had been quickly selected, all white, when nick and his defense team made a shocking announcement. they were opting for a bench trial, letting judge felix catena decide nick's future. "new york times" reporter jesse mckinley. >> i think their calculation was, we're better off going with a legal mind, someone that knows the law. >> so they're arguing it to the judge? he will be the judge and the jury in this. >> absolutely. [gavel] >> good morning, everybody. please be seated. mr. fitzpatrick, your opening statement. >> thank you very much, your honor. >> bill fitzpatrick laid out the state's case, painting a portrait of nick hillary