cnn's jean casarez is here. jean, prosecutors now have to decide if they're going to seek the death penalty, but i do want to ask you first, how unusual is it for a defendant to sit there and say nothing during a simple arraignment? >> sara, i covered the highest profile cases in this country for over 20 years now. i've never seen it. i have never seen it. and so i looked up the law because his attorney stood up and said, your honor, we are standing silent. those were actual words. now, under the law, the judge has to then enter pleas of not guilty. but i looked up the idaho procedural criminal statutes and they don't talk about standing silent. what they say is refusal to answer. that's what they say. and when someone refuses to answer, then that not guilty plea has to be entered. but i have not seen it. we could make assumptions all day why he is doing it, right? but let's look at the facts. his attorney is very astute. she is the most aggressive, most proficient, death penalty qualified public defender in ida