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David: the man the caller is referring to is the assistant director who yelled cold gun. this anticipates the prop was safe -- indicates the prop was safe before it was fired and, clearly, that wasn't so. that according to the affidavit. here to get into it, attorney eric guster joining us now. this is a horrible tragedy, and we don't want to point any fingers, but could it turn criminal? >> i'm not sure -- i don't think it will turn criminal. it will definitely be a civil liability issue. whenever you have a workplace injury especially when it comes to a death, someone has to be held liable. ...

Negligence -- case there was negligence somewhere, and they have to determine whose it was. david: who is liable? >> likely the production crew, the owners of the set and anyone who hired and supervised the person who was in charge of the gun. one claim that we have in civil litigation is negligent hiring of supervision. and when you have guns on a set, that person must be well trained to make sure that live rounds are not in guns. david: yeah. >> and in this particular if case, there was a live round that actually hurt and killed someone, so there will be several layers of people who may be r...

Just getting started and will sue his estate. >> in the civil case, the plaintiffs in those cases certainly have a right to now seek to have the estate's assets frozen and ensure that they in some way can get the benefits of the assets that are contained in his now estates assets and portfolio. >> just yesterday, a new york federal court unsealed hundreds of pages of court documents alleging new details of second yule abuse claims against the -- sexual abuse claim against the 66-year-old. and the u.s. attorney from the southern district of new york says this is not the end of the road in the c...

On the civil side, it is preponderance of the evidence where they have to prove he was more likely than not guilty of doing something to them. and the criminal case against the other people are beyond a reasonable doubt when charges are brought against any of his co-conspirators in his case, i'm sure the states and federal courts are looking at that as well. arthel: eric guster, thank you very much, eric. >> thank you. eric: i like that eric. some top capitol hill democrats are calling for the senate to reconvene to pass meaningful gun control legislation. majority leader mcconnell says the is...

Well, it's not clear. that's the way his lawyers want things to remain. his lawyers want to keep financial records filed with the court under seal. prosecution said it does not object to keeping that information private and this morning a federal judge granted a motion that epstein filed to keep his money matters secret. dana? >> dana: all right. thank you very much for that david lee. let's bring in our panel. emily compango and eric guster. can i start with you on the question of the bail hearing that we're expecting. prosecution has to file a response in a couple of hours. how do you think ...