useless. >> the testing that you do in 2009, is not necessarily going to reflect what did our did not happen in 2008. the bottom's of the creek change, the walls of the creek can change. there's a russian uptick. you can see the more times you go up there, you can see every time it's a little bit different. >> and the defense attacked the states expert for what it said was another flaw with the mannequin test. >> you do not start that test with the mannequin falling from the ledge. right? >> absolutely not. >> and therefore, your testing did not account for any kinetic energy that would have been initiated from the fall. correct? >> that's correct. >> and what about fred's story? a jumpy dog distracted by a blue jay and a swan dive towards the rocky water? the defense said it was the truth and not at all farfetched. >> it is steep and angular. there's ice, rocks it, slippery.