so i don't see why it's probative as the lawyers say, what it proves one way or the other. it strikes me as irrelevant. >> mark, do you agree with that? >> look, i don't agree with judge toobin. i think it should have come in. but i think this is more helpful to the defense than it is to the prosecution. i'm at a complete loss, if you're the prosecutor as to why you want this in, and i also am a little bit perplexed as to why the defense wants to keep this out. he doesn't sound rabid or some guy on a mission. he doesn't. if the idea is he's building up to a crescendo so all of a sudden he just explodes, all of a sudden, it isn't characterized or it doesn't come through on these tapes. >> the defense bitterly of posed the admission of these tapes. but now this may be one of those times during trial, sometimes you get a cloud with a silver lining.