>> then the recorded conversation. eric's own words. >> nobody knows anything but you. >> barnett offered his own explanation. >> i argued the reason he said it was to shut her up, to calm her down. >> in any event, eric never said on tape that he hit beg peggy. the only person that heard that was tina, a drug user. >> they have a lot of circumstantial evidence. nothing makes it a homicide. >> the defense offered another theory about peggy. >> she was under a great deal of pressure and could be distracted and, in combination with alcohol, which she rarely drank, but did on that day, could contribute to a lack of care driving the boat. >> you don't think she faked her