at the last minute and go to a non-category one lesser included offense of third degree murder. that was silly and they wasted a lot of time and my friend don west nearly had a heart attack over there, but the judge did the right thing and it's over. >> let's listen to don west exploding over that particular moment. >> oh, my god, just when you thought this case couldn't get any more bizarre. the state is thinking third degree murder based on child abuse? is the court going to give this any serious contention or consideration? because if so, we have a lot of talking to do. >> i mean, it's pretty rich of him to talk about a bizarre state of affairs given he was the one that opened the proceedings with a knock knock joke. >> well, i'm sure he'll live that down for a very long time. this case as far as don is concerned is going to be about that joke forever. but the bottom line is it was