pathologist. he disputed the prosecution s theory that caylee was suffocated by duct tape over the nose and mouth. take a listen. duct tape was later event. not an early event. after decomposition? after decomposition. gregg: judge, since nobody could ever prove the cause of death in this case, was it perhaps foolish for prosecutors to put forth the suffocation theory? why argue something you can t prove? in so doing, you could be creating reasonable doubt for the other side? well, i think they were seeking the death penalty and that is their best evidence and i think they believe and frankly, to be honest, i actually believe the duct tape was the instrument of death. i think it s consistent with the evidence that s been submitted and when we get to closing arguments where they can do more than just present the evidence, they can actually argue why it makes sense to interpret it that way, i think it s going to become very clear. today dr. spitz was not