i was the person kneeling, and we were trying to show what was the boya buoyancy.s not in the water and the situation, the reaction would be different. we took that into account. we said that we understood that. we acknowledged that. >> rocking the boat, does that alone give scott peterson a shot at a new trial? our legal panelist is here. jim, as a former prosecutor, your thoughts about the fact that the jurors were allowed to get into the -- into this boat on a trailer in a garage during deliberations, you're shaking your head. >> yeah. you and i were there, greta, and when it went down, we talked in real-time in redwood city, and i knew instantly it was a big problem. in temps the appeal, was it a mistake? yes. jurors can't create evidence. they can't experiment. the defense doesn't get to comment or cross-examination or comment on it. is it an important mistake? yeah. the important question, is it harmless error. >> how can hav a violation -- wa second. how can the violation of a constitutional right of cross-examination ever, ever be a harmless error? it's a c