each of those defendants, they asked for it. they waved the white flag and said bring on that punishment. so it exists but really it's a fiction. still, chris, i don't need to tell you how significant it is that a medical practitioner would be facing at least at the outset of the trial seven counts of first-degree murder. first-degree murder meaning that the prosecution is saying with malice aforethought, he intended to kill viable babies. and as you point out, three of those were now tossed by the judge who didn't explain his rationale. but presumably because he believed that the prosecution had not met its burden. and so just as the defense is getting under way, he removed those elements from the jury's consideration. >> these were abortions which resulted in a baby being born alive and then killed. it wasn't like they died on the gurney. they were killed by what procedure? it was with a knife, right? the allegation, michael? >> that's according to the prosecution now. the prosecution says that the