in the court of public opinion already because of what came out at the last hearing. but let's make sure we be careful about what is going to be truly admissible in a courtroom a lot of that will not be. and let's not jump to the speculations yesterday until we find out what is really going on. >> well, we're not in a courtroom. >> judge, she does seem totally on fazed by all of this. from the looks of it. >> she does, and i do agree with mark that the sexting of women is really going to be irrelevant to his state of mind at the time that the death happened. but there is an aspect of it that probably will come in. and that is one of the women he was sexing, he told her that he had no conscience. and you better believe the prosecution is going to use that in the case there is a lot of evidence. these accidents happen all the time. they're tragic, horrible situations. but jury has to decide what his state of mind was. the only way they can do that is a look at the surrounding circumstances like him sofearchg on websites how children die in