and carol ray. sea world is fighting that wrongful neglect violation that osha slapped them with.everything you know, was there willful neglect? >> i think osha has a pretty strong case here. it will be interesting to see what sea world says this week. to allow dawn to get in the water, so close to the whale, as she did, i don't think it was her fault. sea world let her do it. let's face it, someone is at fault here, probably. you can't blame a killer whale for killing somebody. it was either dawn's fault or sea world's fault. i was in court all day today, and kelly flaherty clark said that dawn followed protocol, that this was not dawn's fault. where does that leave us? >> carol, what do you make of it? whose fault was it? >> oh, gosh, that's a great question. i couldn't agree with david kirby more when he talks about the fact that dawn was doing something that trainers had been doing with tilikum for quite a while. she was not put in a position on that day that she hadn't been in several times before. and if there was an issue with that, it should have been brought to her attent