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Critical way, though. she determined that jody had been drunk the night she fell off the cliffs. jody had a blood alcohol level of 0.12. that was over the legal limit. >> would be equivalent to approximately four average size drinks, wine or beer, something like that. >> a drunken slip and fall argued the defense. to back that up, the lawyer had his own heavy hitter, famed forensic pathologist dr. cyril wecht. wecht posted a resume of star-studded investigations, too, as high-profile as the pros...

That was over the legal limit. >> would be equivalent to approximately four average size drinks, wine or beer, something like that. >> reporter: a drunken slip and fall argued the defense, to back that up, the lawyer had his own heavy hitter, famed forensic pathologist dr. cyril wecht. wecht posted a resume of star-studded investigations too as high-profile as the prosecutions dr. baden. only wecht had a totally different take on how jody scharf died. >> i would call this an accidental death. >>...

Off the cliffs. jody had a blood alcohol level of .12. that was over the legal limit. >> equivalent to approximately four average size drinks, wine or beer, something like that. >> reporter: a drunken slip and fall argued the defense. to back that up, the lawyer had his own heavy hitter. famed forensic pathologist dr. wecht. he posted a resume of star-studded investigations as high profile as the prosecutions. only he had a totally different take on how jody died. >> i would call this an acciden...

This is a taped interview. >> how much did you have to drink today? >> i dont know. i had like about -- >> i think id say about three drinks. but thats since about like four. >> what size drirngs. >> good size drinks. despite this mothers loss, in the eight months, he has not been indicted for any crime. the district attorney is still waiting for evidence to come in. alyssa cant believe it. >> its frustrating. i feel like my life was taken away by not only, did we lose our son, i lost my job d...

Noise. so let me get this straight, i can go to carnegie deli, i can go to hooters for wings deep fried, tossed in sauce and butter, with a bowl of cheese, how about a frozen hot chocolate. >> this is legal! >> mr. mayor, i know you can be intimidated by these large size drinks, you and i are both small. we may see a generally portioned drink and think of it as a drowning hazard, but its not fair. >> actually he marked today as national donut day. i think there is sugar in