Verdict watch for two high-profile cases

Jodi Arias, Kermit Gosnell face murder charges


This is a rush transcript from "The Five," May 6, 2013. This copy may not be in its final form and may be updated.

ERIC BOLLING, CO-HOST: The Jodi Arias trial is like a soap opera made for cable TV. The beautiful girl savagely slashing the throat of her lover, the salacious details of sex, desire and jealousy are driving millions to the TV screen to see the bombshell verdict.

Deliberations are underway now. And Jody Arias' life hangs on the balance. Will she get death, life behind bars or could she walk free?

Now, K.G., it seems like a slam dunking death penalty case. But juries are funny that way.

What are they talking about behind the jury door?

KIMBERLY GUILFOYLE, CO-HOST: What they're going to get for lunch. I'm telling you the truth. I spoke to every jury of every case I tried and other juries that I watched the cases. And you'd be surprised what they talk about during the deliberations. But on a serious note, because of the charges, they have to decide the guilt phase first. Decide what's going to happen in the guilt phase and then the penalty phase to determine if they're going to give her life without possibility of parole or death.

And what you are dealing with there is a woman who got on the stand and spent a lot of time with that jury. It is going to be a little more difficult for them to give her the death penalty because they'll say, look, she's not going to harm anyone else. We will put her behind bars. There aren't that many women on death row. Arizona for sure has 'em. So, if there is a state that could do it, it is that state. That state, you know, Florida.

BOLLING: Bob, weigh in on this. Eighteen days I believe she spent on the stand. Good idea or bad?

BOB BECKEL, CO-HOST: Well, I think it was good for ratings I suppose, but here is the thing, the real issue that seems to me was it premeditated or not? They argue she went crazy because, you know, she was just -- post-traumatic stress and that stuff.

Here's the fact. The fact is she changed the color of her hair. She got another car and changed the license plates. She didn't -- she turned off her cell phone before she gets to Arizona. She fills up tanks of gas so she doesn't have to fill up anything in Arizona.

Now, if that's not premeditation on your way to do a crime, I don't know what is.

BOLLING: Greg, there are some that say because she is attractive and she spent 18 days on the stand and all they need is one juror to hold out. What do you think of that?

GREG GUTFELD, CO-HOST: Maybe if there is a lonely juror who likes homicidal maniacs.

Here is why the law sucks, no offense, Kimberly. The worst movie ever made in my mind was "12 Angry Men." "12 Angry Men" was about a jury that was trying to come to a decision.


GUTFELD: It was two hours of Henry Fonda saying, how do you know what the truth is? How do you know if they are telling the truth, blah, blah, blah. They trained the population to subvert truth, not through lying, but creating new realities.

So, let's look at three cases. Gosnell, that's not going to be about murder. That's about going to be about racism.

You look at Arias. That's not about murder. That's going to be about domestic violence.

You're going to look at the Boston bombings. That's not going to be about terror, that's going to be about bullying and sibling oppression.

So, basically, deliberation is no longer about finding out the truth, but filtering and flushing out the B.S. that pretends to be truth in our modern society in which we use anything but the truth to lay claim to what happened, responsibility, individual responsibility.

BOLLING: One of my favorite movies of all time.

GUTFELD: It's the worst movie ever made. The guy was guilty.

GUILFOYLE: They showed us in law school.


GUTFELD: "12 Angry Men" celebrated the idea of value relativism, that all you have to do is question the truth and you get away with it. That's a terrible film.

GUILFOYLE: Well, Eric, I think the jury is going to find her guilty. The real key issue is whether or not anybody is going to hang to give her death. Three women are on death row in Arizona and I think she's going to join them.

BOLLING: Let's move to another high-profile case where they are deciding an alleged murderer's fate. The abortion doctor, Kermit Gosnell, waits a jury decision.

K.G., courtroom drama today involving Fox News and your special.

GUILFOYLE: Sometimes defense attorneys and people have trouble with the truth, with the facts, with the evidence.

BOLLING: So what happened?

GUILFOYLE: We sat in the courtroom, we heard it and we reported on the facts of the case, exactly what happened, using grand jury testimony, transcripts from the courtroom, out of the mouths of the witnesses who were present at the time when these crimes were committed by Dr. Gosnell and his staff.

BOLLING: And the defense attorney said what about --

GUILFOYLE: The defense attorney was very angry, upset with it. He said he wanted to talk to the judge. He wanted to question the jurors, in particular to see if anyone had seen the Fox News special and whether or not it would influence their decision.

Now, this is no surprise. I mean, having tried high-profile cases defense attorneys do this when there's media coverage because they say maybe the jury was influenced. They try and get a mistrial and get a juror excused so the case has to be retried --

PERINO: Well, he certainly wouldn't have had to ask about seeing it on any other network, because Fox was the one that did most of the coverage, drove it, social media as well making sure that the media held to account and make sure they were there. You actually went.


DANA PERINO, CO-HOST: I have to tell you, so on Friday night I hadn't been home on a week night in a longtime. Friday night I get there and the special comes on. I started watching it, and I did have to walk away because it is so disturbing.

But I admired you so much for having sat through there in the courtroom and being the witness for all of us. And then so calmly, but with some compassion describing what was happening in the legal process. It was an amazing special.

GUILFOYLE: Thank you.

BOLLING: Bob, big, big media presence throughout the Arias trial. And now the mainstream media is catching up to Kimberly and her special and the other people covering it all along in the Gosnell trial. Why?

BECKEL: Well, I think Dana had it right. Fox was the one that drove this story.

There is no excuse for something like this. This is the most blatant example of abortion as I have ever heard of and it should have been covered.

Yes, it's uncomfortable. Yes, the pictures are gruesome to see. But you don't have to report all that. You can report other facts and not show pictures. So, I don't buy that argument at all.

BOLLING: You are coming around, Beckel. You are coming around.

Greg, last thought?

GUTFELD: What is left to say? If there is any justice in this world, Gosnell would be forced to spend the rest of his life covering the Arias trial or watching the coverage of the Arias trial and vice-versa.

BOLLING: I love this stuff.

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