present many fewer witnesses, to say, look, it's not that complicated, we were collecting fossils, we thought we would permission to be there. in this case, we weren't where you thought we were, in this case you were, it's that simple. >> as we were approaching the end of the trial, neil and i both felt that it was important for him to testify. >> 3 1/2 days, i was on the witness stand. and for 3 1/2 days, i swore to tell the truth, the whole truth, and nothing but the truth, so help me god. >> pete ended up not testifying. >> the state had not proven its case. the state doesn't prove your case, your client doesn't take the stand, period.