move on to setting a new trial day. >> then he starts talking about the lack of evidence, regarding the possession of the gun, and surely ever having the gun. lack of evidence that the fingerprints were found on the shelves upstairs but that didn't indicate that he ever shot it. i looked at another reported, who i know and i said what's going on? here >> charlie's lawyers had a glimmer about where this was going. >> i leaned in detail easier and i told him, something good is about to happen. >> the assembled press could not believe where the judge was setting. >> you're holding your breath and you're going, he's about to dismiss this case, the biggest case we've had in years and years, a case that jurors deliberate and on for 50 hours. the second degree murder. case >> the assistant prosecutor saw the train wreck ahead it wasn't at all pleased, he grabbed the mic. >> can i speak? and the judge said very quickly know you may not. he continued to speak. and the judge said, i'll put you in handcuffs. >> the judge to the district attorney? >> i've never seen that before,