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Investigation. >> prosecutors are most likely looking now at a charge of criminally negligent homicide, a form of manslaughter in other states. >> reporter: rockefellers lawyer says his client had a good nights sleep before the crash. but two weeks prior, his shift changed significantly, from late to early. could be a defense. could explain why rockefeller might have nodded off. >> a jury might look at this and say, you know something, its a horrible situation but its a terrible accident. he had...