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Killer? as for the jackpot evidence, the cash purchase of the nike sneakers and baseball bat and gloves? who knows who bought those, said the defense, but it wasn't ernie. those nike sneakers were a size 12 and ernie wore a 9 1/2 or 10. proves he didn't do it, right? and on that point, the prosecution had only this. >> he is very proficient at misinformation and disinformation. and i think that he intentionally bought shoes that were too large for him. >> reporter: ernie took the stand himself. sat out there for the better part of seven days, confident, often smiling and claiming it was his li...

A size 12, he wore a 10 or 9 1/2. proves he didn't do. right? and on that point, the prosecution had only this. >> he is very proficient at misinformation and disinformation. and i think that he intentionally bought shoes that were too large for him. >> ernie scherer took the stand himself, sat up there for the better part of seven days, confident, often smiling, and claiming it was his lifestyle the prosecution put on trial. >> he was human, he made mistakes like everybody else does, but it doesn't make him a monster. >> reporter: would he convince the jury? >> i think it goes back to him thi...

Contamination. but did it point to the real killer? as for the jackpot evidence, the cash purchase of the nike sneakers and baseball bat and gloves? who knows who bought those, said the defense, but it wasn't ernie. those nike sneakers were a size 12 and ernie wore a 9 1/2 or 10. proves he didn't do it, right? and on that point, the prosecution had only this. >> he is very proficient at misinformation and disinformation. and i think that he intentionally bought shoes that were too large for him. >> reporter: ernie took the stand himself. sat out there for the better part of seven days, confide...

Tinker's heck. >> one tinker's heck. that's the word that showed up in my prompter. i don't know what that means. the "texas tribune" pointed out that perry actually cited that case, lawrence v. texas, in his book "fed up" in a chapter called "nine unelected judges tell us how to live." perry wrote, in quotation marks, that "lawrence v. texas showed that texans have a different view of the world than dot nine oligarchs in robes. i guess at the very least we should give perry points for getting the number of justices on the supreme court correct. a couple of other developments today having to d...

Be here saturday and sunday. neil? >> neil: incredible. the betting is that they're still going with this whatever measure they can kick around tonight, right? no guarantees at all, in fact, little that they'll get a yay in the senate? okay. i apologize for that. we apparently lost the connection. i did leave him thinking. i know that. meantime, fox's deidra bolton on what happens if the unthinkable happens. for the first time in five years, they shut the puppy down. >> that's right. we have a list for you, neil, of what would be left open, what would close and of course, hearing from our coll...