and i thought maybe if i upset her. >> what really happened to carrie. >> reporter: tim mcvay's murder in june of this year. there was no jury. judge michael meersman would decide. mcvay's defense attorneys believed they held the winning hand. >> he had passed the polygraph. so we thought this could be the truly innocent accused here. >> reporter: prosecutor john mcgehee knew he was facing a tough test. >> you had no cause of death. you had no weapon. you had no ironclad forensic evidence. >> i did feel that it could be an uphill battle. it was gonna be a real challenge. >> reporter: as the trial began, mcgehee presented the prosecution's theory as to how tim did it. even though there was no official explanation for how carrie died, the state presented something called burking -- a method of suffocation designed to leave no marks by sitting on someone's chest and covering their nose and mouth. to support that scenario, the state called one of mcvay's ex-girlfriends, cati smiddy. >> are you a little bit nervous today? >> yes, i am. >> why are you nervous? >> i'm scared of him. >> report

but when the debate was we are going to have the death penalty like hillary clinton for the tim mcvay's, ted bundy. but if you look at who is on death role, you see tremendous racial disparity, african-americans are victims of well over 50% of murderers in georgia, death roll 80% for killing white people. the discretion, but so many of those are kids who went into 7eleven and tried to hold it up and somebody was killed. and, of course, that's terrible. you have to lock those people up but those are not death penalty cases, those are not the worst of the worst. those are not the heinous crimes being committed but most of the people and now, i was talking to a lawyer the other day, we both have clients who are profoundly mentally ill, profoundly like out of touch reality, you can't carry on a conversation with them. we were saying, these people are not going to take the plea when they can have it because they can't make decisions and they can't make judgments because they're either intellectual limited and combination of intellectual disabled and these are the people getting the death pen