bruce castor was under a lot of scrutiny for letting this case goes and arguably entering, this is still debated, entering into some non-prosecution agreement so andrea constand could sue koss bin civil court. he's been heavily scrutinized. if this ended in a mistrial, it would bolster his decision that mr. coby did something but did not meet the exacting standard of beyond a reasonable doubt required in criminal cases. >> final question. in a circumstance like this, which side benefits the most from having done this once and having gotten a mulligan, i equate it with playing with someone whose cards you have now seen. when you go to round two, is there a beneficiary? >> conventional wisdom says the defense benefits from seeing everything the prosecution was