prosecutors say because of his own actions and decisions. and they believe they can prove motive, opportunity, all of those things, the elements of first-degree murder. the elements of first-degree murder and move forward with a strong case against him. >> i want to stick with this a little bit as we look at aaron hernandez in court here. let's talk about what prosecutors said or what the defense said here. serious prosecutorial misconduct. is this ordinary procedural or are these things that could change the outcome or how this trial goes, for aaron hernandez? >> well, the idea about prosecutorial misconduct can be extremely serious. and obviously, at this early juncture, this is a fast-breaking story. we don't know the nature of their complaint. but it's possible for the judge to issue sanctions that can run anywhere from a stern warning or an admonishment, all the way to dismissing the case, depending on the severity of the misconduct. so if, for example, the prosecution has violated its duty to turn over exculpatory