that led to an undisclosed settlement. the district attorney kevin steele had them reed from the press release, that they would reconsider the matter should the case arise and that was in the context of the press release and any rhetoric that could potentially taint a jury and not to reopen the case. schmidt shout the criminal case was closed. the proceedings are still going on and the judge says there is no plan for how the day will go but hopes to read a decision later today. >> katherine thank you. from katherine with have another crew inside of courthouse right now, you are looking live as the hearing continues behind the closed doors, it's going on all morning long and john rawlins is listening to the testimony now and we'll bring you the latest once the judge reaches a decision and it is expected today and can you get updates on our website at 6abc.com. >>> it was a scary morning