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those are, those are the side-effects of cte. and he exhibited all those things on the day that this happened. and i don't think that the judge has any, any wiggle room at all. the judg has got to allow him to be examined. there is only a few special neurologist abouts around the country dealing with this and he needs to go to one of those specialists to be evaluated. jon: tad, if you were the prosecutor arguing this case and whether this testimony should be let in, what would you argue? >> well, let's put, let's be clear. a prosecutor's job is to see that justice is done. where a defense attorney's job is to zealously advocate for his client. in this case we've got two issues the first issue is are we even going to examine what these doctors have to say? are we going to listen to them? are we going to let them evaluate mr. brown. clearly as prosecutor if my job to see justice is done i don't really have a huge problem with an evaluation. that doesn't mean i'm signing off on the defense yet but it means i'm willing to listen.

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