but his attorney is not convinced that the deal offered by prosecutors is a good one. >> so he told me that the device that the pictures were alleged ly found on was in open an communal area of the apartment, so all we have to do is get one person on the jury to believe that you might not have been the guy that put those pictures there. >> baron ochoa has not been offered a plea deal on his charge of continuous sexual abuse of a child. and he is certain he wouldn't accept one if it were. >> it's not like a robbery, where i can just say -- okay, if it comes down to it i'll take time to go home. this is one of the things that can follow me forever. no. i wouldn't take a plea bargain. i don't know care what they offer me, you have to register as sex offender and tell friends and family i did it, no. i wouldn't do it. if we don't get the case dismissed, we're going to trial. >> either way, both brothers are still suspects in triple homicide that killed conrad's