okay, brian, her defense is what then? >> well, bill, there is no criminal culpability here. the d.a. will not press charges here. bill: will not? >> no, they will not be able to press charges because they haven't broken a law or facility. they're not licensed or regulated by the state department of health and human services. so they have not been subject to any regulation. they haven't violated any regulation. morally they have done something wrong. this was not an assisted living facility. this was not a residential care facility. this was a senior apartment complex. bill: it was independent living. you're right, she was not being assisted. meaning she did not have a nurse with her for a period of time or even 24 day period but why does that matter, assisted living versus independent living? >> because assisted living means that you signed up for 24 hour health care. that means you signed up to have a nurse near your elderly folks 24/7.