joining me now, brian, a defense attorney, and marc ieg lahr, former prosecutor, now defense attorneye trial been going for the prosecution prior to the mistrial? >> well, extremely well. you know, this i did it, but i can't be held accountable for it, you've got to blame somebody else. it just doesn't work. in fact, specifically i did some research for this kelly's court, i looked up the side effects of xanax, and they include changes in appetite, decreased sexual drive and, oh, look, extraordinary desire the kill your spouse. i guess it wasn't going so well for the prosecution. megyn: the question is, though, whether she can get away with this, brian, because this is clearly the defense. she's going to tell the new jury what she told the first jury which was i blacked out or something, it wasn't me. he was my best friend and lover, but it was that handful of xanax, and the lawyer says that should get her off. >> sure. well, megyn, look, you know, as a defense lawyer, you have to come up with some argument to help your client. and, you know, i mean, mark raises a point about xanax, b