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you go to the da and you say, let's settle. in this case, you had a videotape statement, and you are a detective, and you don't hand that over? that's like 101. >> is this a prosecution mess up here? >> so -- >> ultimately, at the end of the day, they need to know what evidence they have. >> exactly. i always hate to describe blame, right -- perfection will lose us all. but the realities are, when you are a prosecutor, you speak to whoever are going to be witnesses. and you say hey, what do you have? i need that. but apparently in this case, you have a detective who testifies, and makes an admission that i had this all along, it's in my possession. i know i should have turned it over, and i did not. and, so how could you get a fair trial in that circumstance? how can people trust the system in that circumstance? and the judge, to his credit says hey, i have no choice, i have to declare this. >> but if you are also the victim here in this case, this is justice deferred and perhaps justice denied.