Love Triangle Murder: What Is Suspect's Defense?

Dan Abrams discusses the woman accused of murdering her husband's mistress.
2:08 | 01/17/12

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Transcript for Love Triangle Murder: What Is Suspect's Defense?
It's more from Dan Abrams right now are Jimmy legal analyst Dan. You've got to witness you've got phone calls what kind of -- defense could she possibly now I think the most likely one would be heat of passion which is not paid defense per say it's not saying I'm not guilty. But it's basically pursuing a lesser crime possibly manslaughter something of that sort. But again the fact that she had that four hour time period there -- drives. Prosecutors will say. That's not heat of passion the defense will say you can still be heat of passion you have shows premeditation which would mean murder exactly remember premeditation you'll need -- need a few seconds back to develop. And the prosecutors will say -- -- that four hour period now they're gonna use that four hour period and say look at the amount of time there. That was certainly enough time for premeditation or death penalty is a possibility here so what you might see if these are very aggressive prosecutors is then. Pursue the possibility of the death penalty in the hope of a plea deal. To get life in prison people hate it when prosecutors do -- -- news it is a tool but it does happen when of the people she told his her husband. This is that -- spousal privilege prevent him from testifying it's possible bombing it's possible that day she could say this is a private conversations. We were still married. -- this was not an attack on him or our kids and as a result spousal privilege should apply. But courts tend to apply it very narrowly cannot expect that they might be able to find excessive let's say one question on this missing Montana teacher the police have couldn't believe. She was murdered but they're not holding these gentlemen on murder charges aggravated -- that's right they wanna play it safe rather than sorry in the sense that they believe they've got enough evidence to say. These guys are connected to taking her. We don't know 400%. Certain yet. That she has died so they're saying we're holding on kidnapping. There we got so. If and when the body is found the opposite murder remember even if they don't find the body could still -- there's gonna ask you know there about a -- they can be held -- and they could still -- him with murder for just for now they're holding them on these kidnapping charges long as they've got them. They're satisfied they can figure out the charges later.

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

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