Day Care Murder: Importance of Closing Arguments

Dan Abrams and Nancy Grace discuss the murder trial of Hemy Neumann.
3:59 | 03/13/12

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Transcript for Day Care Murder: Importance of Closing Arguments
Screen -- legal team now Nancy Grace the host of -- -- Nancy Grace in LA here with us in the studio -- -- legal analyst Dan Abrams in Dan. Let me Begin means closing arguments with the prosecution has to do. Above all else is convince at least one -- this guy really is great. The defense yet -- did the defense is best hope I think here is for a hung jury. This is a very tough case they have the burden the prosecutors have done a pretty good job of rebutting. All the evidence that they presented so the closing argument becomes much more important I think that an ordinary case because. The only hope really that the defense task is to convince 123. Jurors that -- think that he was insane and I think that's a long -- And Nancy as -- points out the defense does have the burden here that's a that's a reverse of most murder cases. Well let -- is your right this is an insanity case that means an affirmative defense much -- accident where you say yes I did the crime. But here is why however the state. Has the over arching burden. Bob proving guilt in this case typically in the case like this you'll see the state. Have the right to give the initial closing argument -- says the defense has put on evidence is taking yet. A final closing argument however late in the day yesterday it was decided that the defense could be allowed to go first thing closing arguments with the state the final closing. Now that's a very powerful tool for the -- Headed -- me I would have used both my chances and Sam -- the defense between my closing arguments given him no leeway but here the defense will get the first award which is also power. Admitted that it's interesting because did the prosecution and the defense are agreeing. That he did cancel the -- right and and and usually when you have a that -- evident in his sandy faced ample that's when you're just -- -- that was that's -- your baby you're discussing -- One side vs the other would get to argue the first case -- -- the burden etc. And when you talk about the prosecution still having an overarching burden to prove guilt. There's not much to prove here considering that both sides have conceded that he's the one who did it. But Nancy which can even watching these experts which -- -- put up the more convincing. Experts on this question of insanity. Well I'll tell you about what it may -- -- the the last -- coffin for the defense and that was the fact there's two state witnesses to experts. There is Crawford a brick house number one -- hard for the state. Actually videotaped the interview where -- guy is just as saying as you and may in fact we find out this wasn't his first to tap. He tried to. Kill the married husband of -- father of till. About a week before by hiding outside their house and another disguised behind an air condition unit and the man sought and he ran away so he has another eight days to planned the murder. But bit more important and that the jury gets to see -- guy talking. And he didn't take the stand of course does he could not undergo cross examination. And it just saying the jailhouse lawyer brick house he says -- -- -- said he wanted to kill himself and we -- razor blades in the sale yet but he never tried he incredible isn't it that they all -- kill themselves but they end up killing somebody else. And also the demons keep changing those pesky Damon's. First they look like -- why they look like Olivia Newton-John later on they took a different shape they look different they sounded different. So you know he can't even keep his demons straight. Yet at that that -- -- the best of the best shot that they have this for somehow. The jurors to believe that he was insane at the -- -- -- -- but it just laid -- and you -- -- -- you -- -- let me let me let me lay out exactly -- the best chances for the defense. You can explain to us why there is no chance -- in this case. In this case you're probably right. That that at the time that this happened he was insane. Even if he wasn't insane at a later time because remember the question legally is -- LC well did he understand right vs wrong at the time he did not -- there's another option here which I had not heard of before guilty but mentally -- all that means is it that he would. Be forced to get -- Mental treatment in a regular prison so if it's not guilty by reason of insanity he has need to go to regular prison. Guilty but mentally Il would mean you go to prison regular prison but you're gonna get some sort of treatment out that's still -- that's just telling you. -- -- -- choices. You've got. -- saying you've got not guilty. In GB RI not guilty by reason of insanity he would -- to -- mental health facility and that they get reevaluated. Every so often or. Guilty but -- ill which means basically he goes to jail but he gets mental treatment behind market that's only -- time for today thanks guys.

This transcript has been automatically generated and may not be 100% accurate.

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