>> we talked about this last night on the program with mark geragos. you can listen to the tapes and say you know what, this is a neighborhood watch guy that is concerned and called 911 many times but he was doing what he was supposed to do. how do you think -- >> sure, perhaps that's what the jury will think, but i would like to know, anderson, that last night i did say that these tapes were coming in so danny's argument is the losing argument. jeff's argument was the losing argument. the judge agrees, this does come in to show state of mind. he didn't call once, twice, several times using the same exact language over and over and over again. african-american males, young, black males. >> but what does this go to? the prior calls sh, what probative fact does that go to? >> the judge didn't think so -- >> the judge didn't think so.