i had never seen him like that. >> reporter: at the trial, attorney futerman had an expert attorney futermanember things. sometimes a moment of self preservation can affect how you -- how you say things. >> reporter: but cara was consistent about one thing, her claim that j.j. raped her. evidence to back that up? the marks on her wrists, said futerman, and he called another expert to say they were fresh, just hours old, so couldn't have been caused by the new boyfriend. >> it was a quantum leap from the state to say the sex that she had 36 hours prior to the incident would leave fresh scratches on her, or a bruise. so we think that that was caused by the incident. >> reporter: mind you, the state said the marks could have been left by the handcuffs too, but again, futerman had made his point. but now cara had to make a decision, should she testify, or not? >> i thought, i really don't want to testify. i'm scared, and it's painful, and then roger said, it's totally up to you, but my gut says testify, and i said no. >> reporter: but in the middle of the night, she told us, she changed her mind