if he was saying what ziegler was saying he was saying that he was the greatest thing that ever happened to him, no molestation, why didn't they put him on the stand? >> absolutely. the thing that comes down to this, in the michael jackson trial, 40-year-old men don't have sleepovers. jerry sandusky, grown men don't shower with little boys. the fact is they have to try this case which is a really difficult case in a defense. and the fact is should they put the evidence 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 incidt. he was acquitted in the criminal case. that means the victim now has to prove it. it's a much lower burden of proof.