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Altercation, not caught on video and they had wrestled over a stun gun and he feared for his life. according to the officer. >> i'm concerned about that a person can say anything a client can say anything to me. the reality is what i see with my eyes. when you evaluate that and look for the immediacy of the threat is it immediate when someone is running away from you whrks he they're 15 feet ten feet away from you, they're going in the opposite direction, they're not confronting you at the time. that's something you have to examine. the these thing you have to concern me from a defense perspec...

Evidence to establish that fact. >> do you think since they put robert kraft on the stand that bill belichick will be next. >> they very well could be. he's on the witness list. as to whether he'll testify, he'll be called to testify is another matter. but it always depends on what exactly he told bill belichick. of course the prosecution may want the jury to hear that. you could say from a defense perspective, he insisted on his snens innocence to both of them. >> there's so much damaging testimony from those two. just listening to robert kraft, it went through my mind. what's the point of th...

Charged. should that affect the prosecutor? >> that part is a political question. a little beyond by pay grade, but if you're charged, you can be convicted. with these statutes, so broadly written it gives prosecutors the discretion in a case like this. in missouri, you need to show six or more people get together and do violence or destruction of property. they don't have to do it. in criminal law, when we use "agree" it's not a written agreement. doesn't have to be verbal agreement. the world of conspiracy. from a defense perspective, i think a good defense would be can you show a neck sus f...

Tension, what prosecutor would charge a case like this, and most would run the other way. >> and teddy savalas, should that be taken into account that it would up stet peopset the pe involved? >> well, it is above my pay grade, but if you can be charged, this shows how the disorderly conduct charges are written, and it gives the pros cue or the so loosely written that it is not going to make anybody happen. anybody who practices the criminal law when we use the word agree, and when a prosecutor has to use a written agreement, it does not have to be verb ball agreement, and the world of agreeme...

To do something that would be unlawful or inappropriate, that's when it rises to the level of inciting them to engage in that unlawful activity. from a defense perspective, of course, the argument will be, wait one moment, this was expressive conduct, it was conduct that was engaged in in the midst of some that was very profound. and that a lack of an indictment for something that was so significant. so he was simply being expressive, and ed's point that he explained, when you talk about rioting by people who may not even have heard the comment at the time. so how could you ascribe that to him...