effective. let's face it, at the end of the day he was successful in having the judge not give the second lesser offense instruction. he's prepared, he's passionate and he's doing a great job for his client i think. >> sunny, analysts earlier in the day said the prosecution might have been pushing it a little. they tried to get another charge in, third degree felony murder charged by child abuse. the judge disallowed this lesser charge. they was introducing other charges such as manslaughter in case the jury was ready to convict but not on murder two. were you surprised on this other charge they were proposing? >> yeah. i think there was a collective gasp from the lawyers that were in the courtroom. it was pretty shocking. it was a stretch but i read the law and there was evidence to support it. all you had to prove was there was an intentional act to harm a