>> the client's criminal background is a hered herring. this is a case two innocent unammed citizens walking down the street who had to flee for their lives unarmed with their hands in the air. criminal background or not everyone is entitled to constitution constitutional protection. criminal record, "a" student, honor roll, whatever it is, the point is you can't gun down innocent people. >> reporter: understood. credibility, however, key especially in assessing testimony, when they hear about the criminal background and types of crimes involved, do you think it hurts your client's credibility? >> i think it's something they may take into consideration. he met with the fbi, the justice department, the prosecutor's representative, detective, and at that time, over a week ago, he laid out his whole life to them. they asked him about his criminal background. they asked him about the matter that he had a warrant out against him. he talked to them about it at length and in detail. >> reporter: if you are counsel and your client takes the stand and says his testimony with, let's s