reaching a verdict. maybe after tomorrow it might be a little bit more likely that we are headed toward a mistrial. but this is a long try with a lot of documents and 27 witnesses. the fact that they are deliberating for a third day doesn't totally shock me but it certainly shows the longer it goes on, they're more likely the mass tried a case. >> jason: robert, what is your read on this? is that, do not not number sequentially all the documents and evidence? is that abnormal? >> no, you number a lot of those things. trial and you end up not using exhibits or you put them in in a different order depending on whether witnesses go. i think if i were the defense, only for the following reasons, the jury has gotten past the fact that they do not have the defendant testified, and did not put any defense case at all. i think your fear as always, the defense counsel that they will read into, oh, my guy didn't testify, he must be guilty.