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With malice afore thought and that can be expressedor implied. if i am the prosecutor, i am arguing that we have both. we have the expressed malice, evidence of the syrifrj filled with a deadly poison filled with heroin and implied malice in the aftermath and during the deceased taking his last gasp of breath on the floor. >> and she's -- >> let me ask you about. that it is not like she forced the executive to take the drug. certainly her actions afterwards, and to tom's point. there is another case that is perkulating about her exboyfriend and she called police and said she was overdosing and...

>> let me stop you there and say what his lawyer is saying. his lawyer says that i expected a charge but not a murder charge. if you watched the tape play out what you see is a cop who appear to have i don't know panicked behaved i don't know what it was. i don't know if i see malice afore thought on there or somebody who decided to murder another person or do you see somebody who doesn't know what he is doing and makes a ridiculous decision in the heat of the moment? >> i think it is someone who doesn't know what he is doing. if you listen to the press conference earlier in the state of ohio ...