joining us now, former prosecutor phil snyder, criminal defense attorney doug burns. let's start with this defense witness.ly, i mean this is his probation officer. ostensibly you would think she would be a good witness for the prosecution but she comes in and says, i talked to him the next day after the shooting. he was truly distraught. phil, is that an effective witness? >> i don't think it is an effective witness in this case because it's a bench trial. the judge has already sign him crying, distraught and traumatized. all she is saying what we already know. he is upset she is dead. that does not mean any way, shape or form, that on the night of the killing he didn't intend to murder her. jon: doug, i would be pretty upset if i shot any human being, if i took a life. but doesn't necessarily mean in a moment of rage that it didn't happen and that i wasn't responsible for it? >> no i agree. i certainly agree the fact that it is not a jury trial is a colossal point. every criminal trial lawyer knows it is totally different dynamic when you don't have a jury. hard to