something that lawyers always do in every state on the death penalty case. they try to get the statute declared unconstitutional. it's not an instant gratification motion. they are north going to get an easy win. it has to go all the way up through the courts. the competency issue i don't agree with alex at all. i think they have a big problem now and i think this is going to foreshadow something bad for the defense. because they need casey anthony to be a witness in their case. she is the only one who can testify about that drowning that her father denied happened. she was the only other person there if you choose to believe the defense theory of the case. and she is the only person who can testify that she was molested and that's the reason why she lies and behaved erratically after her daughter went missing. they need her to take the stand. >> juan: you don't disagree with alex that it's unusual to ask for, say she is incompetent in the middle of the case. you are saying you disagree with alex about the need to put her on the stand. so alex what do you think? why is it in your theory, why