specific element of the charge, you can use that to convict. especially there is no cause of death. >> by your count the judge shouldn't let it go to the jury. the judge could have said you can't prove murder here. [ talking over each other ] >> what's that? >> greta: a jury -- a juror could conclude there was a murder. this jury could not. >> question is who did it? in my book someone acts like this is showing conscious of guilt. >> in one instance you cannot convict i have to agree with brother grimm on behavior alone. >> thank you bernie. >> what i'm looking at here is what i thought was a strong circumstantial evidence case. >> greta: circumstantial of a cause of death? one of the things you have to show in murder is that --