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Normally that kind of privacy would apply. but where the stakes are this high as a second-degree murder case, if if the defense can establish its relevancy, and wendy was talking about some very technical differences and different state laws. it's certainly not going to be the easy thing for the judge to make decisions on this, but if the defense can establish the relevancy, we're hearing the word probative value, the ability to prove things, then i think the right of a fair trial, like it or not, is going to trump a teenager's privacy rights in terms of what the jury may consider. >> well, yo...

Test and gave a hot blood test. that is significant and goes to his state of mind. i think that's interesting information that a jury should know. ultimately the judge has a classic what we call a 403 balancing test. the judge has to decide whether the probative value outweighs the prejudicial effect. maybe some of these elements do have probative value, especially the marijuana testing. >> as i see this, with all of these motions in limine, the prosecutors don't want the jury to see that maybe trayvon had behaved in a certain way unbecoming in the past but what is even more bizarre, i'm not s...

Our own private thoughts, why won't the jury see it? >> because it's prejudicial. the prejudicial value whether outweigh the probative value. basically what it would tell the jury. and you can see this as what does it really tell you about whether she's guilty or not, whether she killed him in self-defense or not. so that's why it won't get in. but it is so strange. the officers and you canned to her, she's minutes away from getting arrested, minutes away and she's doing head stands. >> and sinking. >> and singing to herself. so you have to say to yourself what's this all about.gking. >> and s...

When it shows identity, common scheme of plan. the signature between the two cases, both women died of the same type of injury, blunt force trauma to the head, brain injuries, skull factures? >> the injuries are so similar that the exception comes in and the jury will hear it -- okay, you are the defense attorney. you are going to fight against this. >> i am going to fight against this. if you told me these were two car accidents, two foul-down accidentsish, i would agree. one is a car accident and someone hitting a tree, a woman may have been carrying her laundry down the steps and fell and t...

In this situation what is so special is, that if you're pulled over with probable cause. now there has to be probable cause for you to be pulled over for drunk driving. the state has very clearly stated, if we don't have the blood test immediately, the alcohol level dissipates. >> that is a farce. >> wait a minute. that is not necessarily a farce. what they're saying is, if someone denies their right for a breathalyzer, how else can they then prove the case? the probative value is so diminimus other than to the few people who are guilty. those who are innocent their blood test will reveal thei...