mr. wakisaka's failure to take the witness stand. >> reporter: this is what edmunds read.s in prosecutor dan oyasato's final argument, his own words, "who was alone with her? he was alone with her. he was there. he would know. if he doesn't tell us, we can only look to shirlene and see what her body tells us." >> the fifth amendment privilege against self-incrimination is a constitutional right that can be rendered meaningless if the prosecution gets to comment on it. >> reporter: and nobody stood up and said, "i object, your honor?" >> it's amazing. the trial lawyer said nothing. the judge said nothing. >> reporter: those five words, "if he doesn't tell us," would be the basis for edmund's appeal. >> the most serious offense is commenting on the failure to take the witness stand. but we're supposed to be professionals, and we're not supposed to make those kinds of mistakes. >> reporter: did you write your closing argument? >> i write an outline. i commit it to memory. >> reporter: so, how did that line come out? prosecutor oyasato said it was a mere slip of the tongue. >>