>> for the most part. >> that was unusual but but, fred, i know you were trying to get in? jenna: fred? >> when i was prosecutor, once i picked jury, that was it. there were no negotiations. we're going to verdict. that is prosecutor's decision. >> things go in the middle of trial, witnesses don't testify the way the prosecutor thinks they're going to. such a fluid situation that it is not unusual. >> interesting, different styles based on different lawyers. let me move on because i want to ask you guys about the other case. will carr gave background about the mount soledad cross in san diego. this has been a case as he mentioned has been developing over the last, almost been a decade. eight years at this point, fred. the judge's decision, let me read it for what it is right now. this is just the headline. the cross must be removed within 90 days. a decision that could result in the case being sent back to the u.s. supreme court but the judge also immediately stayed his order, pending an expected appeal. can you just, parse that down