avery friedman and richard herman. an appeal for her.e was cleared of murder and other charges related to the death of her daughter, caylee. but she was convicted of four misdemeanor counts of lying to police during the investigation. now her lawyers are trying to get those convictions thrown out. a florida appeals court case -- or heard the case this week. avery and richard, the basis apparent will have of anthony's appeal is it's a question of whether or not she was under arrest or even in police custody when she made statements that led to her being convicted of lying to the officers. this seems like such a basic police procedural thing. so explain what happened and how is it grounds for an appeal. richard? >> it's a great legal argument here, marty. i'll tell you, they're really great. they're claiming that when she was detained, handle cuffed in the police vehicle, she was questioned without given her miranda rights. the trial judge believed that and ruled those statements inadmissib inadmissible. now the police got their conviction

avery freedman, a civil rights attorney and law professor in cleveland and richard herman, new york criminal defense attorney and law professor and he joins us from las vegas. let me remind everyone here about the facts in this particular case. it's been a little while. james holmes charged with 166 counts of murder, attempted murder, and other offenses in that shooting rampage in a movie theater in -- near denver in july. 12 people were kill and dozens were injured in that attack. the preliminary hearing on monday is the first time the prosecutors will outline their case against him in detail. and the "denver post" is reporting that prosecutors have created a chart just to try to keep track of all the different victims and their injuries. hundreds of people are expected to attend this hearing. so let's get started. this hearing starts monday. but it could actually just last all week. it's a hearing, after all, not the trial. we're talking about a lot of new evidence and testimony. so, richard, let me start with you. what is the new stuff we expect to hear or see? >> marty, what happens in t

our legal guys, avery friedman, civil rights attorney and law professor in cleveland and richard herman, new york criminal defense attorney and law professor joins us from miami this week. let's start with the class action lawsuits being filed against the subway restaurant chain. this is an ireport photo of one of the many that turned up around the world and the internet showing subway sandwiches that don't measure up to the company's foot-long claim. subway won't comment on pending legal action but did release this statement -- "for 47 years customer satisfaction has been our top priority. we regret any instance where we did not full fully deliver on our promise to customers." richard, how big a deal is this? >> miguel, does size really matter? does it really matter? does that half an inch or an inch really matter? >> it matters to somebody. attorneys out there. >> to somebody, that's right. >> it seems to matter. that foot-long, all those commercials with the song, well, they're not a foot long. they're 11 inches long or 11 1/2 inches long. it's not like mcdonald's who says, look, i g