is his state of mind is ridiculous. the state is stretching here to get the phone calls in to proof some sort of state of mind. what they should have done is sit back, wait to see what the defense cross-examination was and when they brought up something about his state of mind or brought up that he was not a sraeu lengt violent person then at that point they would be relevant. bill: do you think they win or lose on this one. >> i think they lose out right, but if the defense brings it up i think then it becomes relevant and it will come in. the defense has to be very careful, and i don't know if this defense is that careful. it seems like they are kind of making some slip ups here and there. bill: mark fuhrman in idaho you said something very interesting to our producers earlier today. you believe if the jurors decide this case on emotion, suggesting race, that zimmerman will be found guilty. what do you mean by that? >> well, bill, when you look at the opening statements for the prosecution, they are leaning heavily that george zimmerman