could be a runaway. smart's body was never recovered but other biological evidence has been found according to the prosecution. want to bring in fox news legal analyst mercedes colwin on this. hello. sometime in this preliminary hearing. what did you take from day one? >> great the start my day with you, bill. certainly it was all on the prosecution. they have a pretty tough row to hoe. the defense that's 12 days pretty much to convince this judge that they have enough evidence forensics, family coming forward and testifying about who she is and the fact she couldn't possibly have been a runaway. very close to her family. to try to get the judge to agree that they can proceed with trial. we have a lot to cover in these 12 days and i'm sure the prosecution is up for the task. >> bill: why does the prosecution have to or want to