defense is also requesting that any evidence filed by the prosecution now should not be allowed into court since the deadline has passed. this is including that piece of evidence that's being tested for dna. doug is saying, prosecutor saying it is critical to both parties in this case. so, esther will this request stick and what are the chances of the first-degree murder charges being dropped by the way? >> well, as to the new piece of evidence, it depends on what the discovery deadlines were and how egregious the failure to provide this in timely manner is to the defense. obviously very prejudicial to have it come in at the last minute. it is possible that the judge will give the defense a continuance in order to allow them to test the evidence themselves or have enough time to reevaluate the defense theory in order to incorporate the new piece of evidence. as to first-degree murder, it is unlikely that the judge before the trial will go on his own or