is also african-american, that this -- lots of things about baltimore are different. right? but like the speed with which this case -- we don't have charges in the tamir rice case, yet this one is already at trial. >> we talk about this in court sometimes. just because your client is black doesn't mean -- and the officer's black or the d.a.'s black doesn't mean it is going to help you. it really doesn't. >> everybody's black in this case! >> so we can remove that issue. >> but we can't really. right? so on one hand everybody's black and yet it doesn't make race not an issue -- >> no, no, not at all. but at least in my experience, i think the judge sometimes determines the fairness of the proceeding and i am incredibly confident with this judge that we will have a fair trial. >> and this is important, because this judge used to prosecute police misconduct for