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Is what the prosecutors are trying to prove, that he was not actually involved in the evacuation of the passengers, therefore, he's culpable of the deaths that occurred. >> he's actually saying he fell into a lifeboat? >> that right. he said he fell into a lifeboat during the chaos of the night. he coincidently had his laptop computer with him. it's interesting how that dynamic played out. them he said he couldn't get back on the ship. there was plenty of conversation that was taped between the port authority and the captain when he was on land. port authority saying get back on ship, get back...

Actually involved in the evacuation of the passengers, therefore, he's culpable of the deaths that occurred. >> he's actually saying he fell into a lifeboat? >> reporter: that right. he said he fell into a lifeboat during the chaos of the night. he coincidently had his laptop computer so it's a little bit argued about how that dynamic could have played out. them he said he couldn't get back on the ship. there was plenty of conversation that was taped between the port authority and the captain when he was on land. port authority saying get back on ship, get back on ship and the captain is argui...