happened and saying to his girlfriend and really in his mind. the prosecutor's response surprised me. your response as a prosecutor should be of course we'll preserve that. we have a duty as a prosecutor to preserve any evidence whether it is helpful for the prosecution or helpful for the defendant. the term we use is brady evidence. you have an obligation to do that. and the fact that the prosecutor was a little bit mealy mouth and said, well, judge, they are just phishing around. >> like an undue burden to ask them to keep stuff like that. >> that gives me a little bit of pause about what is in those texts as the prosecutor, is he a little bit nervous. but when you are a prosecutor, your job is not to win but to do justice and if you have texts, good, bad or indifferent, they need to be preserved and go over to the defense. >> one of the things we watched this, brian, kevin spacey facing a felony charge that could bring serious prison time but on nantucket island. >> it is a sleepy place this time of the year. >> it is a very strange place