>> i mean these are pretty startling allegations. now victim two never testified, ann, as you know. if he was saying what ziegler was saying he was saying that he was the greatest thing that ever happened to him, no molestation, why didn't they put him on the stand? >> absolutely. the thing that comes down to this, in the michael jackson trial, 40-year-old men don't have sleepovers. jerry sandusky, grown men don't shower with little boys. the fact is they have to try this case which is a really difficult case in a defense. and the fact is should they put the evidence on in yes. they said we didn't have time. we should get a new trial. we weren't really ready. we want to have a doover. some maybe this is the kind of thing they'll throw-in an appeal that didn't work on a new trial motion. the problem is one kid said it didn't happen. doesn't mean it didn't happen to everyone else. >> he was acquitted of this charge with victim number two, the so-called shower incident. he was acquitted in the criminal case. that means the victim now has to prove it. it's a much lower burden of proof.