was her fault. >> the ponytail in all likelihood is just a tale. the safety spotter apparently didn't actually see the takedown came up with that. >> are you excited? >> during the spotter's testimony, osha pushed him to say that he wasn't really sure that it was her ponytail that was in the whale's mouth, that he just saw her underwater and assumed it was the ponytail. osha contends that the whale came up and grabbed on brancheau's arm. saying that that was another level of aggressiveness. seaworld is saying it was not an aggressive move. >> one of seaworld's top curators, chuck tompkins, said when dawn brancheau was pulled off that ledge, it wasn't necessarily aggressive behavior by the whale. >> the initial grab was not an act of aggression. this is not a crazed animal. >> the industry has a vested interest in spinning these so that the animals continue to appear like cuddly teddy bears that are completely safe. you know, that sells a lot of shamu dolls.