cruelty, first-degree bumped down to second-degree and felony murder. you need the predicate felony. if they thought they had premeditated murder, wouldn't they have just charged him with murder? >> yes. you know something, they definitely would have, but so in truth, they looked at this and they decided they couldn't make the case for premeditated murder, but many cases are filed with a lower level of charge, and then the police continue to investigate and they make out the higher level. now, i'm not saying that's going to happen here, because we don't know, but certainly this is a disturbing piece of evidence that they have. what they've done, though, is, they've done something very unusual in the way this case was charged. usually this would be charged as a cruelty to children case. but they charged it as a felony murder case. now, they almost never do that in a case like this, where there's, what appears to be the accidental death of a child. so it looks like they're setting this up for a murder case in the