Never-before-seen footage captured shortly after the Boston Marathon bombing shows accused killer Dzhokhar Tsarnaev casually buying milk at a Whole Foods store.

It's part of a new surveillance video shown to the jury when Tsarnaev's trial resumed yesterday.

Fox News senior judicial analyst Judge Andrew Napolitano explained on "Fox and Friends" that this is a case where the evidence of guilt is overwhelming.

Judge Nap said this video could actually benefit the defense, however, as the footage could be interpreted as showing that Tsarnaev is not a normal person and there is something wrong with his brain.

"A good defense lawyer would try and take the government's evidence - because there is no defense evidence here - and turn it around," Judge Nap said, explaining that the defense will claim that Tsarnaev is a simpleton who was under the spell of his older brother.

Watch the "Fox and Friends" clip above.


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