was on any drugs, that was separate and distinct from his mental illness. any drug use to the benefit of the prosecution but intoxication aside, even if the jury finds he knew the difference between right and wrong and when i say wrong in texas, that means illegal. if he's aware what he did was illegal, then he cannot use the insanity defense. voluntary intoxication is a part of this case but it is not the critical question. that is whether it was right or wrong and he was aware of it. >> paul you think the prosecutors put up a strong case though. >> yeah, but you have to look at the bigger picture on these things. although insanity is asserted 1% of cases in the united states in one of four of the cases, they win with the insanity defense. i was talking to homicide prosecutor yesterday who was bemowing the fact the only loss