that's a problem. the big difference in this case is you're arguing to judges, not to a jury. huge difference. the defense in this case, obviously what can you do? nothing makes sense. the timeline doesn't make sense. there's not too much you can do except make excuses and hope and pray that the judge is going to give you the downgrade to the homicide. >> the downgrade, right. and the best argument that the lawyers can put forward here is, well, if this guy looks totally shaky and overemotional and almost out of his mind, not legally insane, but so out of it, perhaps that goes to in his theory of the case the bad judgment he showed in thinking he was shooting an intruder. >> yeah, i don't think -- you know, it's different. again, the jury versus the judge. judges are used to it. i've had people cry, faint, throw up, incontinence, fleas, lice, roaches. judges don't budge. she's a very seasoned judge. i don't think that crying -- in
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