Expert says he's 'NEVER SEEN' a judge do this

. BACK TO YOU, RICH. RICH: NATE FOY, LIVE IN. PLYMOUTH, MASSACHUSETTS, THANK. YOU. FOR MORE ON THE CASE THAT. CAPTURED THE NATION'S. ATTENTION. LET'S BRING IN JAMES GAGLIANO. THANK YOU FOR JOINING US. I WANT TO BRING UP THE POINT. THAT NATE BROUGHT UP, THE JURY. IS NOT SEQUESTERED, AND EVEN. THOUGH THEY'RE NOT SUPPOSED TO. BE, THEY COULD BE WATCHING NOW. DO YOU THINK THEY SHOULD BE? >> IT'S A JUDGE'S CALL. EIGHTHS TOUGH ONE.

COULD HE HAVE EXPECTED OR. ANTICIPATED THAT THE CASE WOULD. REACH NOT JUST THIS LEVEL OF. NATIONAL MEDIA COVERAGE, BUT. INTERNATIONAL MEDIA COVERAGE. SO, I'M SURE IN HINDSIGHT RIGHT. NOW, RICH, PROBABLY LOOKING. BACK AND PROBABLY THINKING IT. MIGHT HAVE BEEN A GOOD THING TO. DO BECAUSE THERE'S A. PROLIFERATION OF COVERAGE ON. THIS, ULT A ALL THE NETWORKS. ARE COVERING IT, PROBABLY. DIFFICULT FOR THE NINE WOMEN. AND THREE MEN TO SIT ON A JURY. AND GO THROUGH A WEEKEND AND.

AVOID THE NEWS WHATSOEVER. RICH: WHEN THEY WERE. DELIBERATING. THEY REQUESTED TO REVIEW. SPECIFIC EVIDENCE THAT NATE. JUST WENT OVER THERE. WHAT DOES THAT SUGGEST ABOUT. WHERE THEY ARE IN THEIR. DELIBERATIONS? >> YEAH, I'M CAREFUL, YOU KNOW, HAVING SEEN A LOT OF JURIES, YOU KNOW, CALL OUTS AND SEND. JURORS NOTES TO THE BENCH AND. ASK FOR DIFFERENT PIECES OF. EVIDENCE TO REEXAMINE. REAL CAREFUL BECAUSE SOMETIMES. TRYING TO READ THE JUDICIAL TEA.

LEAVES IS DIFFICULT. I WOULD ASSUME THAT BY ASKING. TO SEE THE KNIFE SHE WAS. STABBING, WAS IT SUPERFICIAL. WOUNDS OR SOMEBODY TRULY. COMMITTED TO SUICIDE AND MAY. HAVE BEEN THE REASON THERE. AS FAR AS THE PILL BOTTLES GO, 32 DIFFERENT MEDS PRESCRIBED. IT WILL BE INTERESTING TO SEE. WHAT THEIR ANGLE IS IN WANTING. TO SEE THAT. RICH: IF THE JURORS REJECT. FIRST DEGREE MURDER. WHICH LESSER CHARGE BECOMES. MOST PLAUSIBLE. DO YOU THINK? >> YEAH, RICH, THIS IS ONE THAT.

BEFUDDLES ME, I HAVE NEVER IN. ALL OF MY YEARS OF DOING THIS, BEING A PART OF PROSECUTION. TEAMS AND INVESTIGATIONS, NEVER. SEEN A JUDGE INSTRUCT A JURY ON. WHAT THE POTENTIAL OUTCOMES. REGARDING PUNISHMENT ARE AND. WHY IS THAT NOT NORMALLY DONE? WELL, THE JURY'S JOB IS A. DETERMINATION OF THE FACTS. THEY SHOULD NOT BE WEIGHING IN, WELL, WE FEEL A LITTLE. SYMPATHETIC AND MAYBE THIS. LESSER CHARGE WOULD GIVE HER. LESSER TIME THAN LIFE IN JAIL. THE JUDGE APPLIES THE. PUNISHMENT AND SO, THIS IS.

SOMETHING I THINK THAT'S GOING. TO MAKE IT VERY DIFFICULT FOR. THE JURY. THE JUDGE GAVE THEM TWO OFF. RAMPS, MURDER TWO AND. MANSLAUGHTER. I DON'T SEE EITHER ONE OF THEM. APPLIES IN THIS CASE. RICH: YOU KNOW, PART OF THE. PROSECUTION'S ARGUMENT HERE WAS. THAT SHE PLANNED ALL OF THIS. AND IN THAT PLANNING, IT. THEREFORE SUGGESTS SHOW KNEW. THE DIFFERENCE BETWEEN RIGHT. AND WRONG WHILE ALL OF THIS WAS. GOING ON. DO YOU THINK THE PROSECUTION. WAS SUCCESSFUL IN MAKING THAT. CONNECTION? >> I DO. I MEAN, ADDITIONALLY, EVERYBODY'S BEEN LAUDING THE.

DEFENSE ATTORNEY AND THIS WHO. HAS DONE A FAIRLY MASTERFUL JOB. UNTIL THE CLOSING ARGUMENTS. WHERE I THINK THE WHEELS FELL. OFF THE BUS. HOWEVER, THE PROSECUTION HAS TO. DEBUNK THE FACT THAT SHE WAS. SUBSCRIBING TO DEREALIZATION, WHICH MEANS THAT IN THAT MOMENT. SHE WAS DIVORCED FROM REALITY, DETACHED FROM THE. CIRCUMSTANCES. BUT THE FBI SENIOR PSYCHIATRIST. THAT THE PROSECUTION BROUGHT. OUT AS A REBUTTAL WITNESS WAS. MASTERFUL AND HE'D NEVER SEEN A. SITUATION WHERE SOMEBODY HEARS.

VOICES ONLY DURING THE. COMMISSION OF THE CRIME, BUT. NOT BEFORE AND THE VOICES. WEREN'T CURATIVE AFTER THE. FACT. THAT'S A BIG, BIG POINT AND I. WONDER HOW MUCH THAT STAYS IN. THE JURY'S MIND IF THEY'RE. DELIBERATING AGAIN ON MONDAY. >> I THINK IT'S FASCINATING, ALSO, TO JUST LOOK AT THE. CROWDS THAT THIS HAS ATTRACTED. AND THE OPINIONS IN PUBLIC THAT. HAVE COME OUT. THIS IS FROM A NEW YORK TIMES P. OP-ED, I STUDY WOMEN WHO KILL. THEIR CHILDREN AND THE QUESTION.

WHETHER HER ILLNESS RENDERED. HER UNABLE TO APPRECIATE WRONG. TO KILL OR INCAPABLE OF. STOPPING HERSELF FROM DOING IT. THAT FRAMING MEANS THAT IN. CASES LIKE THIS PROSECUTORS. POINT TO ANY COMPETENCY OR. CONTROL, AND HORRIFIED AND. APPLY FOR THE INSANITY DEFENSE. WHAT DO YOU THINK ABOUT THAT? >> WELL, I THINK THAT IN ALL. COURT CASES, JUST LIKE REAL.

ESTATE, RICH, LOCATION, LOCATION, LOCATION. IN THIS INSTANCE, VENUE. JUST THIS WEEK A BRONX JUDGE. DETERMINED A WOMAN WHO STABBED. HER CHILDREN IN 2022 WHILE. HAVING A PSYCHOTIC EPISODE WAS. NOT GUILTY, THAT'S NEW YORK AND. THIS IS MASSACHUSETTS. A LOT OF THE FANFARE AND PEOPLE. COMING OUT IT'S SO DIFFERENT. FROM THE WAY IT WAS WHEN SUSAN. SMITH, THE WOMAN THAT DROWN HER. KIDS IN A MINI-VAN BACK IN THE. EARLY '90S OR EVEN ANDREA YATES.

WHO DROWN HER KIDS, IT WAS. LOOKED AT DIFFERENTLY THEN. I THINK THAT PEOPLE ARE LOOKING. AT THE MEDICAL HEALTH SYSTEM, HOW WE TREAT PEOPLE WITH, YOU. KNOW, WITH THESE TYPE OF. MORBIDITIES AND IS THIS A. FAILURE OF THE MENTAL HEALTH. SYSTEM. THIS IS A PROXY BATTLE AND IT. SHOULD BE FOCUSED ON THE THREE. CHILDREN AGED FIVE, THREE, AND. EIGHT MONTHS OLD WHO HAD THEIR. LIVES SNUFFED OUT IN A M.