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i don't know if this judge jeffrey meinhardt is lazy or scared. typically judges right decisions on this type of thing and write decisions for presidential reasons so people can look at precedent how people can judge it what people can do and can't do. i think this is such a high profile case. why wouldn't this judge write a decision on it? >> also you are saying why wouldn't the judge let it go to the jury? because he admits several of -- dismissed several of thesco motion to dismiss by defense attorney saying insufficiency of the evidence. i heard that testimony in the courtroom and there was eyewitness said i heard the baby crying going for air, having respiratory why wouldn't you let that go to a jury? >> bob: can i ask your co-counsel here, mr. gutfeld? >> kimberly: mr. gutfeld. >> bob: did you know judges could throw out things that people have been indicted for? i didn't know that did you know that? >> kimberly: yes. it's a huge problem. >> greg: if i can figure this out, the babies were moving but they are not

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