again there was no evidence of any external injury related to the internal injury so we don't even know again what kind of blow job dr johns can even tell us the specific kind of blow all she consults with that song hello directed to the head  she fell off the chair as he indicated he knew she was in conscious because jordan dragged her into the living room very close to his feet correct correct so it wasn't my she didn't know that circumstances there could be circumstances during that time such that again michael was trying to get out of that house he knew the police were called and trying to get out he's collecting his belongings and he was in a room and tammy followed him into that room when something happened in that room now up she got out she went out she smoked a cigarette she called her daughter she called police she didn't do anything to suggest to him that what happened there was something you know something serious she just one of our business that she  the circumstances that he sent his also been drinking heavily during the night they've been yelling at each other all the night the fact that you might be a little less cheerful about her a little less likely to tend to her feet or show some kind of empathy towards her doesn't mean that his later twenty minutes when they're waiting for wind on tammy's waiting for men to come pick him up and take him away that you know again he's not going outside dragging her back to the house to get her to know she has it on the floor crying after she comes back you know before she's sitting on one of the two times she's sitting on the floor she goes to talk to george she calls him a game and then she goes outside because apparently the way they understood the evidence was that there  earlier in the evening she's on the floor crying and then there's the incident in the kitchen and then she goes to talk to jordan and then when she gets her phone she's outside so how many how many confrontations do we have do we believe that the fact that she's on the floor crying is a result of a confrontation worse that's just where she wants to cry there's no there's no evidence that there was any confrontation you know durst yelling and then there was a thought and to jordan comes out o say anything we know now in the second instance of that thought that she does talk so she doesn't call her daughter and say i was just beat so we can make that inference that michael was the one who struck her and this is why she called her daughter i is not controlling of what happened to leader and the bedroom again it doesn't have to be one hundred percent controlling but it could be considered as evidence of her condition whither he  or not whether she knocked around or she fell off the kitchen chair like he said she could but at least still unconscious she's now really good she isn't different than when the fact that she wakes up is a good thing n the kitchen we do that she fell but we don't can't attribute that third there's the facts he's sitting on the couch with or she ran into the refrigerator for he pushed her or theatre why does that make a difference he knows that she isn't conscious in her unconscious body is dragged back into the living room which means he's r t d rather than the kitchen floor and now she wakes up why isn't that relevant to what has occurred over that evening i think again i'm not saying that it's not relevant but it doesn't impute aved worst state of mind for him later on in the bedroom again she gets up she makes her cold she's smoking she's a good her daughter trying to keep her pushed her and we so whether it was a push to get her out of the way whether it was a blow to just you know trying to get out of the situation best single blow which is the only evidence that we have is that if there was one single blow in experts who testified in this kind of bomb situation it's usually the nanny however again there was no evidence that there was a great spirit of size or strength between the two between tammy and michael so big you know if there is a difference in their size from evidence that has been presented to the core we know what he has size we know approximately which usually from the autopsy results right away we know that there is some difference in we know that she is a  woman we don't take any of those things into account i don't believe i don't again i i only recall that there was evidence in the p s i i of his titles like five seven and he weighed about one hundred a little over one hundred sixty and there was some evidence of her being mildly obese there any medical evidence presented that indicated that intoxication might be the victim might in fact on an end to the he knew that he was responsible for her  and michael knew that now from the fact that he then he goes into the bedroom and she falls in and there's more arguing there and there's some action occurs and that the fact that he knows that she was unconscious  the other person john walking into their bedroom or run into that bedroom why would that be you know i'm consciousness again great mountain it has a great bodily harm that we're talking about in the kitchen i don't i think we're using the wrong term circumstances the we've been conditioned of the victim doesn't matter you get to see it is that correct on the law it's again michael strong let's not forget that the same way that family has been incapacitated know it's not a defense at all but again we have to take it in context of what he's thinking and again i'm not saying he's not responsible i'm not saying that he's not at fault clearly there is fault here he is responsible for what happened in the bedroom but to what degree did he was you consciously aware or even consciously disregard the substantial risk that this would happen and that's the balancing act and in this case a kid you don't know how he was trying to defuse trying to leave he trying to get out of the house and we have this but then to have kids in the bedroom again there's i guess the circumstances are is that it was a scheme usual combat certainly not because that wasn't that wasn't brought up at trial so i can't