alex fausino was innocent. >> it's hard to charge third degree murder. >> from the beginning, prosecutorsx and refused to consider anything else. >> they reviewed all the information, toxicology reports, everything associated with her death. they concluded, we don't know what the cause of death s. we don't know the manner of death and what happened almost a year-and-a-half later, the state finds some guy from sioux falls, south dakota, a pathologist that said that the manner of death was a homicide. they found this person. >> he stated his case to the jiri. >> emily fausino passed away as a result of an accidental drowning and that will relate to her addiction. >> he said the only crime was emily never received the help she needed. the defense called emily's mother to the stand to show that detox at her house was at best amateur hour. >> you have no certificate or any license? >> no, i don't. >> are you telling this jury that you know all the subtleties of withdrawal? >> absolutely not. >> he tried to cast doubt on the claim that emily had gotten completely clean before she died. >> were