but let me bring a back in anne brimner and meg strictlen, and let's talk about the molestation accusations here and then the photograph of caylee there at the pool enjoying a day in the sun and not then explaining how this child drowned. >> absolutely, if you get up in a opening statement as a criminal defense lawyer, you are making a promise to the jury, that you will prove this and have evidence, and the defense does not have a burden of proof, of course, but if they say they will put up evidence, they better have it, and they didn't. it may have backfired the bombshell theory of the case, and they could not back it up and the case is did casey anthony want to testify or didn't she? and the fact is that she had to because of the lack of evidence, and she couldn't because of all of the lies. >> and kerry has more information. >> well, jim lichtenstein has just informed me that the forms have been handed to the clerk who will read them to the court. and we are getting close to the moment that we will hear and as much as we have heard that it is 2:15, maybe it is a few minutes earlier or af