the man who fired that shot into the ground. >> reporter: but what about that key witness, victoria richardson? remember her? according to detectives victoria said she saw a security guard walk by her car and then moments later heard some strange tapping noises, which they deduced must have been gunshots. victoria testified in the 1st trial, but not in trial number three. instead, prosecutor blake read back her testimony and also told the jury. >> one other thing victoria the security guard walked by her car, parked 13 spaces from michele o'keefe right before the shots were fired. >> reporter: but, when the ehrlichs read victoria's testimony. they could clearly see, that when pushed, that's not what she said. >> all that she was able to say was that at some point that night, at an unspecified time, she saw mr. jennings walk by. >> but then how long was she in the parking lot, sitting in a car? >> well, she was smoking marijuana and she said that that distorted her sense of time. >> reporter: so again, the ehrlichs contended, the prosecutor misled the jury. then? well, this might be the true he