trial or at least public perception of him? >> absolutely right. you're concerned about that because you have a jury pool. remember, every trial is separate and distinct and every conduct or lack of conduct as it is in this case is distinct in terms of goodson, the transport driver, he is up next. he has the most responsibility here based upon what he is being charged with and the fact he is involved in the care, custody and control. what should he have done? he should have acted immediately upon knowing that there needed to be medical attention. so, sure that will come up thereafter. we will start that trial in january. i think this trial will stand on the merits of its own and, remember, we are talking about what an officer failed to do and we will be talking about that in goodson too. >> joey jackson, good to see you this morning. thank you. >> thank you. we are coming up to the top of the hour on "new day." ted cruz knocked donald trump down to second place.