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Critical way, though. she determined that jody had been drunk the night she fell off the cliffs. jody had a blood alcohol level of 0.12. that was over the legal limit. >> would be equivalent to approximately four average size drinks, wine or beer, something like that. >> a drunken slip and fall argued the defense. to back that up, the lawyer had his own heavy hitter, famed forensic pathologist dr. cyril wecht. wecht posted a resume of star-studded investigations, too, as high-profile as the prosecution's dr. baden. only wecht had a totally different take on how jody scharf died. >> i would cal...

That was over the legal limit. >> would be equivalent to approximately four average size drinks, wine or beer, something like that. >> reporter: a drunken slip and fall argued the defense, to back that up, the lawyer had his own heavy hitter, famed forensic pathologist dr. cyril wecht. wecht posted a resume of star-studded investigations too as high-profile as the prosecution's dr. baden. only wecht had a totally different take on how jody scharf died. >> i would call this an accidental death. >> reporter: in wecht's version, which he demonstrated with of all things a teddy bear, jody fell off...

Off the cliffs. jody had a blood alcohol level of .12. that was over the legal limit. >> equivalent to approximately four average size drinks, wine or beer, something like that. >> reporter: a drunken slip and fall argued the defense. to back that up, the lawyer had his own heavy hitter. famed forensic pathologist dr. wecht. he posted a resume of star-studded investigations as high profile as the prosecution's. only he had a totally different take on how jody died. >> i would call this an accidental death. >> reporter: in his version, which he demonstrated with, of all things, a teddy bear, jo...

This is a taped interview. >> how much did you have to drink today? >> i don't know. i had like about -- >> i think i'd say about three drinks. but that's since about like four. >> what size drirngs. >> good size drinks. despite this mother's loss, in the eight months, he has not been indicted for any crime. the district attorney is still waiting for evidence to come in. alyssa can't believe it. >> it's frustrating. i feel like my life was taken away by not only, did we lose our son, i lost my job due to the accident. >> she wants rigdon off the road and justice for her son. >> all right. to...

Noise. so let me get this straight, i can go to carnegie deli, i can go to hooters for wings deep fried, tossed in sauce and butter, with a bowl of cheese, how about a frozen hot chocolate. >> this is legal! >> mr. mayor, i know you can be intimidated by these large size drinks, you and i are both small. we may see a generally portioned drink and think of it as a drowning hazard, but it's not fair. >> actually he marked today as national donut day. i think there is sugar in