difficult case in a defense. and the fact is should they put the environmenvidence on in yes. they said we didn't have time. we should get a new trial. we weren't really ready. we want to have a doover. some maybe this is the kind of thing they'll throw-in an appeal that didn't work on a new trial motion. the problem is one kid said it didn't happen. doesn't mean it didn't happen to everyone else. >> he was acquitted of this charge with victim number two, the so-called shower incident. he was acquitted in the criminal case. that means the victim now has to prove it. it's a much lower burden of proof. but this could be his way of saying i'm still not testifying in the civil case but here's what i would say if i did. cheap. >> let me ask you about what ziegler asked sandusky about j. paterno. ziegler is defending jay paterno. i'll get to his family on this in a moment. he said with paterno allowed him to keep coaching if he knew