but daniel's defense attorney, russell smith, countered, uh-uh.t killed chelsea, yes, but this was no murder. >> it's a tragedy that this young lady is no longer with us. but the fact that these two people got together and one of these people passed away is not proof of murder. >> reporter: he argued it was just a horrible accident caused by choking during consensual sex. and he put on his own forensic pathologist to argue that as well. >> some kind of neck compression, strangulation. >> reporter: though the expert conceded there was no physical proof of that. but, he disagreed with the state's conclusion that chelsea was beaten to death. >> the facial bones by themselves would be an unusual cause of death. there's a variety of things that could have occurred after death that potentially could have resulted in these type of fractures. >> reporter: then the defense called his only other witness, daniel clay himself. the one person who knew what really happened that night. and daniel swore his story about the accidental choking death was god's truth