was there reasonable expectation of privacy. if you look at the context of which it's given, it's in a bathroom. certainly when yub near a bathroom wearing a microphone, the issue is listen i didn't anticipate that that would occur. >> you're wearing a microphone in a public bathroom and you have an expectation of privacy? >> time-out. private bathroom in the studio. number two the issue is whether there was state action. there's going to be the argument advanced by attorneys that the media in this instance was working as abagent of the state. how coincidental that his arrest coincides with the last episode of an hbo documentary of his life. >> they had been working with the documentary producers for some time. >> far frommed ed admissible in court. >> it's underwell ming that this evidence is underwell ming. this is not the only evidence.