or rape. instead negligence merely requires that you fail to do something as in you fail to give this baby the proper care or take care not to smother her so that she dies it is an utter outrage. >> the judge in the case said there wasn't evidence of long-term abuse. and that being a bad parent i.e. smothering your child is not criminal. how -- how and they're pointing to the prosecutor saying that it is their fault in this case. so how can -- we do better and how can we make sure people who admit that they are actually murdering their children will not walk free? >> well that's a great question and it is perfectly of what's going on in this country soft on crime policies by these d.a. and these judges who seem to have as a priority allowing guilty people qhor committing violent crimes to walk free. rather than punishing them and protecting the rest of societies. now the d.a. office could have