no court has seen fit to appoint a mental health expert for scott pinetti. >> wow. thank you very much for your time tonight. i know it's going to be a very hard 24 hours for you. lots more ahead on this busy news night. we'll be right back. because it's milk without the lactose. and it tastes? it's real milk! come on, would i lie about this? lactaid®. 100% real milk. no discomfort. and try lactaid® supplements with your first bite to dig in to all your dairy favorites. i'm just looking over the company bills.up? is that what we pay for internet? yup. dsl is about 90 bucks a month. that's funny, for that price with comcast business, i think you get like 50 megabits. wow that's fast. personally, i prefer a slow internet. there is something about the sweet meditative glow of a loading website. don't listen to the naysayer. switch to comcast business today and get 50 megabits per second for $89.95. comcast business. built for business. >>> how would you go about firksing something like this. this is a minute man three intercontinental missile. it can carry up to three

huntsville, texas, thank you. >> coming up at 8:50 eastern, we talk to a psychiatrist who evaluated scott pinetti in 2007. we'll get his opinion on whether pinetti is not fit to be executed. >> residents in southern california getting a break from that week long rainstorm hardest felt in the foothills and mountains. hill sides scorched by wildfires gave way to all that rain, creating mudslides. the storm broke records in several cities. los angeles saw more rain than since 1961. >> you were talking about the southern end of this. tuesday, end to end in the state, we were covered with rain. many pictures, this is out of the san francisco area, so much rain and flooding. there's different reporting locations, the airport and downtown in san francisco, one place set a record on tuesday, but not wednesday, the other place set them in opposite order, so pretty much heavy rain around the region,istic we were just looking at that big sinkhole and a couple started up in the region, over 3.5 inches of rain is what we saw, which is 10 times the normal amount for november, or at least at this point in novem

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. >>> tomorrow, the state of texas plans to execute scott pinetti, a man accused of killing his estrangedife's parents in front of her and her 3-year-old daughter. along with his legal team and leading aent death penalty advocates, 21 conservative leaders, including penn cuccinelli have asked governor perry not to move forward with the execution. even his ex-wife said he should not be put to death. he has suffered from schizophrenia for over three decades and has been hospitalized on 15 separate occasions. at one point, he tried to exorcise his home because the devil was in it. in courtings he wore a cowboy outfit and tried to subpoena john f. kennedy and the pope. it would be the 11th execution for texas this year alone. it's another actually more accurate to think of the lone star state as its own entity and then the death penalty everywhere else. >> there's one other execution that i see very vividly, and, honestly, i do not remember the man's name. i can see his face very clearly. but i don't remember what year it was. there were no witnesses for the victim's family. there were no wit

scott pinettie shot and killed his estranged wife's parents in 1992. his lawyers want the execution stopped, saying their client has schizophrenia, but during his trial and appeals, the courts did not find him incompetent or insane. >>> protests are settling down in ferguson. >>> on. and now michael brown's stepfather could be charged in connection with the arson, vandalism and looting that broke out last week. lewis head allegedly yelled "burn this expletive down" following the grand jury's decision not to indict a police officer in brown's death. police say head is not the focus of the investigation, just a part of it. meantime, police and the national guard are scaling back their presence in ferguson. >>> meantime, philadelphia's police commissioner is revealing new details about his appointment to a white house task force. >> its goal is to create change in response to the protests in ferguson, missouri. charles ramsay is back in philadelphia after spending monday with president obama in washington. now, over the next 90 days, the president wants h

scott pinetti on death roll for killing his in laws in 1992 has become the most controversial death penalty case in years. death penalty opponents, mental health groups and prominent conservatives are calling for his life to be spared. >> if he is executed wednesday we will be taking a step that in this country is virtually unprecedented. there is no one else on texas death row with his history of severe mental illness who was permitted to represent hips at trial. what this would say about the american justice system is that we've cross add moral line. >> prosecutors counter saying he is actually faking his illness and that ends the crime he committed and knows why he's being put to death. with the clock ticking, his last hope of avoiding execution now lice with the u.s. supreme court. to debate the issue, we are joined by a psychiatrist and resident scholar at the american enterprise institute. she wrote a piece titled mercy for the mentally ill. joining us from wisconsin, a associate political science professor. believes the execution should go forward. john, lawyers have asked the suprem