based on the fact they thought they had probable cause and didn't. there's an issue about whether that knife was legal. if you do that, what will happen, you can sue the police department but if you do that what happens is police officers will stop making arrests. >> she's criminalizing bad decisions. in her opinion, bad decisions by the cops. >> judge alex and yourself there. that was a mistake. >> let's end it on a happy note of agreement. none of the lawyers believe she should be disqualified. there's a question of whether they can get a fair trial in baltimore. that's a separate question of whether there needs to be a change of venue here and mark furman is moments away on that. a big question in this case is about a man who could prove to be the key witness. the only person who shared the van ride with freddie gray to the police station. and the question now is whether this man will help or hurt the prosecution's case.