- [Marilyn] Now, Daniel, you just mentioned how unusual it is for a criminal defendant to waive the Fifth Amendment privilege against self-incrimination and testify.

Why do you think Latanowich took the stand in the case?

It seems to have made him more vulnerable.

- That's such a great question, Marilyn.

It's very hard to say because of course we weren't privy to those confidential communications at defense table between Latanowich and his lawyer.

But I wanna underscore that it's ultimately the client's decision about whether to testify.

There's a principle known as client-centered advocacy in litigation.

You basically have to defer to your client.

Yes, the defense lawyer has an obligation, ethical and otherwise, to convey or impart the risks, the pros and cons of testifying, but it boils down to the defendant's choice.

And I strongly suspect it was Latanowich who decided to roll the die here.

- [Marilyn] And it didn't work out too well for him, did it?

- Not necessarily, right?

He's facing a tremendously tough sentence.

He won't even face parole for a minimum of 35 years.