drop in that way. christmas could come early for one lucky winner, it could be year. largest megamillions jackpot ever. a live report coming up. jon: later today the man accused of running down pedestrians on a california boardwalk will be in court for a hearing to determine whether el stand trial. surveillance cameras captured the horrifying scene this summer. an italian tourist here for her honeymoon was killed. 16 other people were injured. attorneys for nathan campbell say it was an accident. on our legal panel, lis wiehl, fox news analyst, and doug burns a criminal defense attorney. so, doug, is there anything this that video that would give you as a defense attorney a leg to stand on to say this was somehow accidental? >> i would certainly not go down the road of calling it an accident because that just doesn't scare up with the facts. what i would do, jon, play the only card available, get into and raise some type of mental