our legal analyst paul callan is out front. let me start what susan ju made.ound the rental car driven by hernandez. how significant is that? they do say the gum had hernandez's dna on it and the shell casing matched the casing of the murder scene. >> the bubble gum bullet i think is going to do him in. this is a big piece of evidence because, remember the car that he's turning back in to the rental agency is the car where police say the murder took place and he was driving the car. so what is the coincidence that they would find in a trash barrel a .45 caliber piece of ammunition which, by the way, .45 caliber bullet was used to kill lloyd, wrapped in bubble gum with his dna on it. he obviously threw it away when he was turning the rental car in. so it directly proves. >> this is the biggest piece of evidence yet? >> i think it is because they put together this meticulous circumstantial case. they throw the bubble gum and the jury will be satisfied this ties it all together. >> that's the clincher. what about the cell phone? the jury, it's important he called

a lot of stuff we don't know. >> paul callan, many thanks.ppreciate it. >>> venezuela's president says this man plotted to overthrow his government and the u.s. conspired with him. we'll talk about that next. ♪ turn around ♪ ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing good around ♪ ♪ turn around, barry ♪ ♪ i finally found the right snack ♪ [ female announcer ] fiber one. denver international is one of the busiest airports in the country. we operate just like a city and that takes a lot of energy. we use natural gas throughout the airport - for heating the entire terminal generating electricity on-site and fueling hundreds of vehicles. we're very focused on reducing our environmental impact. and natural gas is a big part of that commitment. you total your brand new car. nobody's hurt,but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car? now if you had a liberty mutual new car r

thank you very much to paul callan. >>> outfront next katy perry's dancing shark.t this story earlier this week and, well, you know for katy perry, this is nothing to laugh about. that's next. the real question that needs to be asked is "what is it that we can do that is impactful?" what the cloud enables is computing to empower cancer researchers. it used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. whatever i can do to help compute a cure for cancer, that's what i'd like to do. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ great rates for great rides. geico motorcycle see how much you could save. >>> we thought let shark was just a punch line when we mentioned him earlier this week. i don't know why we call him a him, it could have been a she but dance moves are off. taking left shark very seriously. perry's lawyer sent a 3d anime for a cease and desist order after putting on sale for $25 a pop. the animateor is irritated saying didn't make left shark famous, the people did. people own left shark or does katy perry? legal analyst

paul callan is with me in new york and criminal defense attorney paige pate is also here. erich nowsch has been charged with murder and attempted murder. we don't know details of what happened. >> i'm not surprised. somebody is going to be charged in a case like this. what's surprising about the case is that it turns out there seems to have been a relationship between ms. meyers and the suspect. the husband said she was involved in counseling him and knew him and would talk to him at a local park. at first it looked like a stranger road rage thing and now there's some sort of relationship between the two. at least they know each other. we'll have to see where it goes. >> the defense attorneys are saying -- they are wondering if there was a road rage incident at all. >> we've moved past road rage at this point. clearly there's a relationship between these folks. i think what the defense is going to look for is can we have an opportunity to allege self-defense because clearly the victim in this case her son, went looking for mr. nowsch. so if they're coming for him and if the

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 cnn legal analyst paul callan. you know it does bring to mind should the judge have allowed the jurors to watch the film and could this be the basis for an appeal from defense attorneys? >> i don't think the judge should have allowed them to either watch the film or watch the oscars which they did, some of them undoubtedly did because the judge did not prohibit it. however, having seen the movie before they were selected that's a different issue. if a juror says i've seen the movie, it's not going to affect my fairness. you don't want things interfering with the trial itself. you don't want things coming in from outside the trial. on the issue of reversible error, will it get thrown out on this? no. the movie made the victim a very likeable honorable person it really had nothing to do with the facts of the killing. if it were a case where it was a self-defense claim and the claim was that kyle was attacking him, then maybe the movie's influence would have impacted. but here this was strictly a determination of sani

paul callan cnn legal analyst, senior partner at callan legal.rosecutor 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 all of it in the rambling he talks about how he planned to you k

if chris cuomo is sick if paul callan is sick you might slow some signs. your nose is running, you look feverish your skin color changes. as a result of being mentally ill, we can't get inside your mind. that's why nationally there's a skepticism of this. and in several states there is no excuse that you can use with regard to saying that you're legally insane it's not an excuse. >> i want to remind chris cuomo of one thing that went on as we covered this trial every morning joey and myself. you called in favor of the prosecution, saying they this h put on the board that he understood right and wrong. now looking back we're saying -- >> but the system is what it is. >> the system is what it is and this jury applied texas law, they probably apply it correctly. so i don't think can you criticize the jury for doing what the law probably required them to do. >> 100% agree, it was a horrible thing here and people want to not see someone rewarded for doing something horrible. chad littlefield and chris kyle were doing something good and their families will never

paul callan and danny cevallos are here. you're looking none too pleased with this story. should we expect anything different from a guy who lied to the world and then get angry at people who suggested that he lied? but ultimately the question i have is, why is he not charged with something far more serious than two misdemeanors? >> he still could be charged, i suppose, if this thing blows up in the press. he's charged with leaving the scene -- >> what about obstruction of justice? lying to the police -- it was his girlfriend who admittedly lied at the beginning. she says she did it because she's not famous and it wouldn't hit the papers if she wrecked out two parked cars but for him it could be destructive. >> first, she's the one who more than likely could face those obstruction charges and false reporting to police. the old rule is that you don't have any constitutional duty to speak to the police. but if you do and you lie, then you can be held criminally liable. on another note, you talk about -- to criminal defense attorneys, the world of getting your girlfriend to t

why is that relevant paul callan for the prosecution?-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 attack people because those people could attack him. and so i would argue that the fact that the guns wither in the locked position and they were away doesn't really go to show anything but the paranoia of the defendant. >> what's the balance for the jury? sick or bad? sick or bad? all right, so now, taco bell becomes relevant because he ate afterwards. afterwards means everything to the prosec

because that's going to loom very large here we're going to bring in paul callan he is not just a cnnner as a law firm and a former new york city prosecutor. joey jackson made it through the snow come on out. you cath stand next to me it's too prejudicial. we have joey jackson, thank you for making it in from the snow. you know the deal on all of this. you have to look at before during 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 bi

paul callan is joining us. i'm surprised that the prosecution is resting its case. why? really laid out everything that they have to prove. they've proven he fired the fatal shots. and they've also been able to establish through these confessions and through other things that he knew the difference between right and wrong and remember under the texas insanity statute, insanity is not the same as mental illness. if you know the difference between right and wrong, then you are sane under texas law. even if you sound rambling and totally crazy. >> let's get to rambling and totally crazy and right from wrong. this came out from interrogation. here are a couple quotes that struck me. he says you can't let people eat your soul up for free you know. it's not what it's about. it's about having a soul that you have in you for yourself and he goes on and on talking about eating souls. then on the opposite side he also says i would tell them -- talking about the victims' families -- i would tell them i'm sorry for what i've done. it seems that he goes in between sounding quite craz

paul callan and danny cevallos are with me.'s the first time i'm hearing that text message from one of the deceased in the car to the other saying, this guy is straight-up nuts. we all know that you can be crazy but not be legally insane. but does that text message from the dead now help in his defense, possibly? >> atmospherically, it does because they're trying to establish, of course, that he had a psychosis which rendered him unable to know the difference between right and wrong. texas is a very difficult insanity defense. you have to show that you didn't know what you were doing was wrong when you pulled the trigger and killed somebody. >> and that you couldn't understand the nature of the -- >> and the consequences of the act. and it's very hard with a guy who planned and had a gun and went to a range and knows what a gun does to say he didn't know that pulling the trigger while aiming at another human being is wrong. so they're trying to say his psychosis is the defense here. >> and clearly i'm so confused by these openi

what does that tell you, paul callan?tart out by emphasizing the bravery of the two navy s.e.a.l.s, who were slaughtered in the case build up sympathy for them and build up something very important, the rule of law. they fought in the middle east about the rule of law. the rule of law says in texas if you understand the consequences of your act, you understand was right or wrong, you are not legally insane. and they will be emphasizing to jurors that everything the defendant said in this case indicated he knew what he was doing was wrong and therefore he was not legally insane. >> the jury i hope they don't like the two-tiered system for being mentally ill in this society. it's not good enough to be mentally ill, you have to prove it to a legal certainty in those circumstances, that goes to where we are culturally and the stigma of mental illness. but it's still the law. and joey jackson, this is narrow. there's another law that says if the prosecutor shows by the way you were high and you did that volume tearily, that ne

. >> 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

also with me here in new york, danny cevallos and paul callan. alex, how significant is this video? >> reporter: poppy, the prosecution was dead set on making sure the jury saw this video. they had to fight for it for some months now. today is the first time that any of us have seen this. it wasn't shown during opening statements or any previous hearings. this is also the first time the jury saw it. what you see is a video that was recorded from a surveillance camera that was placed on the north attleboro police department on the exterior of that building. the camera is manned by a north attleboro detective who testifies he controlled the camera. he panned and zoomed into aaron hernandez who was parked in the north parking lot of the attleboro police department several hours after the body of odin lloyd was found. the detective says he zooms in to hernandez to see what hernandez was doing in the car. he testifies he watches hernandez break his cell phone into three parts. he then uses another cell phone. and then the video shows aaron hernandez putting his phone back together, perha

thank you, danny cevallos jeffrey toobin paul callan. the v.a. released him against the wishes of his family worried he was a threat to himself and others. that angle tonight from our gary tuchman. >> reporter: what if what if the v.a. hospital in dallas that had "american sniper" chris kyle and chad lyttelton's killer as a patient on four occasions listened to this woman, eddie ray routh's mother. during the trial she said under oath she told the v.a. her son was a danger to himself and others because of his ptsd and begged v.a. employees not to let him out. what if? we don't know if the daughter also expressed concerns but her views about her brother's mental state became clear in a frantic 9-1-1 call. >> she said he killed two guys. it's like he's all crazy. he's psychotic. >> reporter: officials at the v.a. called her saying they were releasing eddie and needed to pick him up. she testified she pleaded with them not to let him go but they did even though he had threatened in the past to kill his family and himself. so why did the hospital rel

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 people he killed. and that was, that he was not right. >> joey you come up in your opening and

that said paul callan you go first. what does the prosecution argue in its closing today?n two things number one voluntary intoxication, he was smoking marijuana, doing alcohol. that exacerbated, made it worse the mental illness. under texas law, however, because he voluntarily did that he doesn't get if benefit of saying that's a defense in the case. number two, he constantly makes reference to the fact that he knew what he did was wrong after the killing. texas has a very simple law. if you know it was wrong, it doesn't matter how mentally ill you are. you don't get the benefit of the insanity. >> not sick enough. >> so the reality is this. first let's look at the standard, it's by a preponderance of the evidence. obviously only is it more likely than not he was insane. we don't have to look at this particular case we have to go before that. a person described by his family as being happy go lucky a. person normal by all accounts goes to iraq. he comes back he is suicidal why? it doesn't matter you see things when you are over there. he guess on a humanitarian mission in

joining us now, cnn senior legal analyst and former federal prosecutor and paul callan cnn legal analystd criminal defense attorney. palm let's start with the first question which is do you believe that given where they will have this trial and the popularity of the movie, do you think it can be held in a fair way? >> yes, i do think it will be held in a fair way. it will be very difficult, obviously, with "american sniper" being the most popular movie in the country. everybody is intimately familiar with the victim in this case which is very rare in a murder case. but in the end you have to say if you choose to shoot a famous person you can't later on say it's unfair to give me a trial because i shot a famous person. he can't go he's got to be moved some place else in texas. everybody in texas knows about the case. everybody in the united states knows about the case. >> jeffrey, i was surprised to learn the judge is fought going to automatically disqualify potential jurors who have seen the movie or have read chris kyle's auto biography. >> not automatically, but you can be sure they wi

such a bad day for the prosecution, paul callan did not show.ll be the prosecutor this morning. they bring up people who knew the man. intimately. you know over time knew him. this is the ex-girlfriend, ms. wood. they bring on her sister and her brother-in-law. and what was the general theme that seemed to come through, as evidence? >> that he was insane. listen chris, this is very significant and why is it significant? who knows routh better than family members, the girlfriend the people around him all the time. what's the recurring theme? we had a person who was happy go lucky, who went to iraq who went to a humanitarian mission in haiti and came back a changed man. so when you look at the girlfriend and you see in graphic detail the relationship that she described. the incident with his family. when he threatened to kill his family policemens and threatened to kill himself. moving on from that, when he held her captive in her own apartment in addition to her roommate with a sword at the door saying no one can go anywhere. >> these are the wor