the issue now is whether or not she will be charged with perjury for stepping in and trying to take the premeditation out of the murder one. you've got three pieces of duct tame and evidence of chloroform. let's assume we forget about the clear a form martha, you have three pieces. i would instruct the jury as a judge in a murder case that premeditation can be formed almost simultaneous with the act itself. you have three pieces, you have to tear them separately, you are thinking. intent does not need to be formed two weeks before. it can be formed not very far from the actual act itself. martha: it's going to go to how deliberate of an act they think this was. whether or not they are throwing out the idea that this was an accidental death and perhaps an aggravated child abuse event, whether it was a single event. how deliberate? when we initially heard about the duct tape it was one piece that maybe they found, it had a heart sticker on it. then you started hearing about it being wrapped around the head, all of these things have to go into the jurors' minds