jonathan shapiro on behalf of the united states of america -- and the defense lawyer had to say joe smith for this shmuck -- you get a sense that the system has bought into it. if you convict an innocent man, you have committed a far worse crime than any other crime because you have let the guilty party off scot-free. that is incorrect incredibly -- an incredibly important message. if anybody is waving the flag, it ought to be the public defender's office. their reluctance to do so, somehow, the sense that if they do so in will make them seem pro-government or some kind, i have never been able to fully grasp. >> let me ask a question. should we remake the image of the public defender in to the public crusader? is that what we want to do, do we need to, should we? >> i certainly think so. i bought into the public crusader thing when i was a child. ironically, here i am, not serving as a criminal defense attorney or public defender. i wanted to be a criminal defense attorney from the age of eight years old. i saw perry mason when i was a child. my father used to take me to the court house t

. >> joe: and the bears are going to challenge it. >> troy: it's a good challenge by lovie smith because it looked to me like the ball was moving, joe, even though it ultimately came out after his elbow hit the ground, but i don't know that he had the ball secured. >> joe: here is another look. they will look at it under the hood. we get the call when we come back. sure. regular bottle or miller lite vortex bottle? regular. i don't see what's so special about that one.

. >> joe: first-year offensive line coach for lovie smith.gets it again and has a first down carry and he had a lot of room to run. he gets seven again. >> troy: one of the things, when you talk about the chicago bears defensively, everybody talks about the tampa two scheme that lovie smith likes to run. it's not real accurate, though. on early downs, they generally like to drop an eighth guy down into the box and play single safety which means it's one-on-one on the outside. but they have a decision they have to make here today as to whether they are going to try to stop the running game of the cowboys or they are going to keep from creating big plays and create coverage. >> joe: back to marion barber, he gets to the edge. barber is tackled from behind in the bench area and pops right up. zachary bowman on the tackle. a gain of eight. 7, 7, and 8 on three carries for barber. >> troy: well, this time, chicago tries to show they are two-deep but you see manning come in here to create the extra man in run support but not able to make the tackle

joe tells us why. >>> eric smith just got a democratic party endorsement for supervisor in district 10 the custom in this city, one third ageneral. smite has chosen a chinese name on the ballot. a phonetic translations they sound as close to eric smith encouraged him to go a differents on. >> my name is a nordic name eric so i thought something kingly. >> reporter: michael went that route, candidate for superior court judge chose a chinese name that matches the listening coordination with lee and a common leo toward. >> our decision was to go for something that sounded like my name but conveyed qualities people would want in a judge. >>> i guess it is okay but ethically probably not. i wouldn't do it. >> it is apparently legal and common place. leyland lee called the deceptive practice. >> it would then in fact be a trance lit ration, not some characterses that some how suggest a certain good quality to gain an advantage. >> fair and just, if i'm cynical i am going wait you changed your name to something to try to debt them to vote for you. >> it dust dozen duty as the cat and his name

joe montana on hand, and drew brees, the super bowl mvp, things started out in new orleans favor. ball snapped over smith'sgie buse, over the middle. bush would injure himself, he will be out for a while. at this point, 9-7 new orleans. smith played decently tonight. vernon davis, 41. the 49ers have the lead at 14- 9. but mike's team can't stand prosperity. smith, despite the smile on his face, is intercepted, deflected, intercepted by porter. one of four 49er turnovers. here is philip adams, let the punt go through his hands. 22-14. with time running out, frank busted up the gut for 7 yards. 49ers down by two. very controversial play, this is why you have replay. smith to davis. at first it's called short. replay shows he was in the end zone, they give two points to the 49ers, tied at 22-22. this is why the saints are the champs. marcus over the middal and garrett field go from 37 yards out. 49ers out gain the saints 1417 yards but the final score, saints 25-22. >> not to take away anything from them, world championship team, we did a lot of stuff to ourselves today. >> it's unfortunate. >> what they do?

smith. he was just cut over the weekend by the baltimore ravens. he'll be the 49ers' third-string quarterback. >>> finally tonight, as the skyscraper guy scaling joelennium tower, there was plenty of action down below. how do we say it? elgero. it used to be the san francisco grand prix. sergio fernandez is the winner. back to our skyscraper guy. that is joe montana's tower. you can imagine joe montana hanging out today. >> on labor day, yeah. >> who are you? >> that's true. all right. >>> thanks for being with us, everybody. >> we will see you tomorrow. bye-bye. hope you had a nice labor day. stand-up comedian mar

smith. he's not even with the team any more. if he has a bad day against sunday next cleveland, then we have to talk again, but for thousand, trust in joe and it's one game of 16. we're 1-1. we have 14 games to go. >> and probably not going 16-0. that's rare any ways. >> and we haven't allowed a touchdown yet. and we're focusing on the positive. the defense hasn't allowed a touchdown. and we're favored sunday for the home opener. let's get it going with the lupus foundation of america. thank you guys. this is penny fletcher. how are you doing? >> great, great. you're so enthusiastic. thank you for coming down. >> lupus is an autoimmune disease. it attacks any or began and there's no cure and there's not been a new drug in several years and so many have lupus. we'll have a thousand people marching saturday at 3:00 p.m. at druid hill and it's baltimorelupuswalk.com. >> so if you want to register. come on out. >> yes, and we'll have over a thousand butterflies. >> i have to get my twanger here, i forgot it. we have the crew, we have joe, we have the coach, we have tony, luther. >> slots harry. [ laughter ] >> keep trying. >> he's practicin