was something in the heroin. in this case, though, she injected herself as well. so i think so it's going to be tough for the prosecutors. and remember, we only have one small snippet of a camera. we have no audio on any of this. >> mark, do i hear, were you muttering there criminally? what were you saying? >> no, no, the concern is as jayne was just saying, it's going to be particularly different. but when you have an underlying criminal act, the fact that he participated voluntarily doesn't excuse her behavior. she probably is going to be held responsible for the reckless act of injecting somebody with heroin which is an illegal drug. >> i want you to listen to what a defense attorney said in a press conference today. >> there was no intent to harm or injure much less kill mr. hayes. why would she? he was a lucrative source of mcto her. she appreciated his generosity, and she had a motive, if any, to elongate, not end the relationship.