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>> shouldn't civility mandate -- all counsel should relate that to each other. if you're going to charge somebody, you shouldn't argue that technically the facts support it. the attorneys should be placed on notice of it. they've had a year to prepare. felony murder is a very different kind of crime than your lesser included offense that. 's what was so unfair about it. felony murder is a different kind of defense than just a lesser included offense, which is all the same elements -- >> i was just going to interject one thing as to why this is a problem. when the prosecution says we're going t...

The same information before them. >> one at a time. >> shouldn't civility mandate -- all counsel should relate that to each other. if you're going to charge somebody, you shouldn't argue that technically the facts support it. the attorneys should be placed on notice of it. they've had a year to prepare. felony murder is a very different kind of crime than your lesser included offense that's what felt so unfair about it. felony murder is a different kind of defense than just a lesser included offense, which is all the same elements -- >> i was just going to interject one thing as to why this is...

Isn't that wonderful. >> i notice both former prosecutors rolling their eyes and smiling. sunny, why? >> of course. because they do it. they like it. >> because it's a lesser included offense of what has been charged. and it's not as if, you know, the defense had no idea that the government was going to ask for lesser includeds. these are all enumerated in a book. >> but you would agree -- >> third degree murder with child abuse, sunny, you thought was coming up? you thought third degree murder -- >> it was a stretch. it was clever. but -- >> a stretch? >> but to argue that the prosecution hid...