means something. at this point it is something that her attorney said in the opening statement, and the judge will tell them in the closing instructions, the arguments by the lawyers, whether opening or summation is in the evidence and you cannot consider it as evidence. only what you heard on the witness stand, that's evidence. >>shepard: how do they get that? >>guest: mr. prosecutor made a brilliant point: why baez said ain't evidence. if they never present any evidence of this accidental drawning and he convicted and they convict her because they did not believe baez and he lied to them in opening statement, well, where was the evidence of that? she getting a new trial. they cannot convict her on baez's opening statements. >>guest: that would be after the conviction the jury, some of them, would have to say the only reason we convicted hers with