poor parenting not criminal and the that judge is facing petition with 4,000 signatures calling for his resignation after another controversial ruling. joining us now is former federal prosecutor franci this case is devastating. it is infuriating what do you make of it? >> well, you're right doctor saphier it is enraging there's no execution for what that judge did. the woman confessed she actually gave a long confession to police in which she said she just wanted to go to sleep and have her baby stop crying so she smothered her. now, that is what we call in the prosecution game a great confession and a nearly slam dunk case, and yet the judge said that it wasn't even negligence and doctor saphier, negligence doesn't require the level of criminal intent that a regular crime of comission requires like murder or aggravated assault or kidnapping
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