the stand in her own defense in effect throwing herself on the jury saying i am deeply remorseful, crying on the stand. but legally the trouble was in effect confirming there was negligence involved which is the standard for the first and second-degree manslaughter charges. was that a mistake by the defense? >> well, that is exactly right. one of the real difficulties in this case has always been, you know, there is a difference between the law and sort of your heart here. i don't think people don't believe kim potter that she is remorseful. clearly, you know, we saw what's known in the law as inexcited utterance right after she fired she said something to the effect of oh, my gosh i'm going to prison. i shot him. clearly, there is an acceptance of guilt. there was no -- nobody is trying to say here that this wasn't a mistake which is why i think, you know, it sort of -- a first