mystery the law of salt twenty method was phil's to mr ziegler but that those specially formulated methadose pills caused mysteries equals death and the government's choice to indict the case in this manner also had enormous critical element was entirely circumstantial and terribly weak the government's theory of the case which was driven by the forensic evidence was that mr ziegler died from intravenous drug use that much is untested methadone secondly with regard to the evidence of swallowing the pills jason senior just testified that he and his brother had in the past swallow pills there was no evidence offered in the record that that was the method of the ministration of the drug in this case in fact all of the evidence in the record was to the contrary you had the needles that were found in the drug here you had the medical examiner dr dale testified that there were injection sites recent injection sites industries even his arms there was a spoon with residue in it the magic medical examiner also testified that he inspected the stomach and if you guys trapped for evidence of any fills it had been had injected drugs over the course of a long period of time and testimony that once a drug addict moves from orally ministration to injecting drugs they don't go back to all in this round i think wasn't available at the first trial was any witness any particular witness who could testify about this time period between the thursday afternoon distribution and the saturday afternoon death it was no one who c testify about that time period the jury just to infer from the circumstantial evidence that you have stated what occurred but now so if i ever has come forward who can testify about three critical issues first she will testify at a had been presented at trial in the rule thirty three hearing and i would cite the court to me to record excerpts page six thirty three and six fifty one using the arguments in the new trial motion hands and the spill's was smallville she said if you thought the government was a smallville good interview with defense counsel defense counsel showed her an exhibit that had been produced in discovery that had a picture of the methadone pill and examination she was steadfast the pill that she sought was definitely the small the smallville smaller than the never goes bill now granted they're both small pills but in common experience we all have experience with pills and pill size ok the appeal this case i think is an appeal about what ifs what if he really made this straight somewhere along the line what if he was not able to inject what if there is another witness who can fill in some blanks for us well none of those what else are actually true in fact we don't know how  where the cohen was so anything that we don't know for sure he may have tried to inject it and failed he may have injected some and swallow it so there's no evidence of it in his stomach but that's probably because if user in the past his brother testified to that there's also lots of testimony about how he had been to treatment and was doing well the fact both dr lipman and dr dale the medical examiner agreed that methadone and i believe it is at low levels and and the amount of that is a lethal dose very it's a great deal from person to person so any of us who don't take methadone on a regular basis would easily done from an amount build a wall  took on a regular basis to satisfy his pain it's a very tricky drug that way so the build up in his system was as much for what killed him as whatever the last ingestion was jason testified that drug addicts like his brother and he would get their high anyway they could and he agreed that yes injecting is better but if you could inject you with the drug in order to protect yourself from being sick inject the methadose brand is at least challenged in this case by jason ziegler who demonstrated a number of ways and and admire eric's ability to inject drugs that were considered to be unchecked he described characters having more knowledge than a pharmacist so the jury had ample opportunity to consider that possible what ifs and rejected it perhaps because the evidence was a certainly see that she has a newly discovered in other words she came forward after the trial is over but what she says ultimately it's really only the fill the small white i don't think that was ever did she  it yes it's true i'm going over at the last time she spoke about it in the courtroom she testified quickly however in the whole context she's anything but steadfast because she comes to that conclusion three i can tell the difference because the filters slightly different size and there's no doubt that i took a regular pill every night in addition to a vitamin there's no doubt if it came out different it would i want house immediately this young girl however testified that she took one of these pills one time through the rest away and otherwise did not bother to observe them closely at all so we were still working hard to keep her testimony out altogether and i don't expect one thing she quibble call about previously when she was interviewed by defense counsel was that it was built along who provided the pills for their first purchase so she really doesn't change the trial at all arguments got i think the inference still remains even if the court was incorrect about whether it was method dosed in particular that jason segel was talking about the court was very accurate in remembering that jason ziggler described clearly a method  doesn't that rise to the level of creating reasonable doubt that's what i said at the outset he said but what of that i should bring it back to my ultimate question what are what are we looking at here to decide whether it's likely to result in a unsafe put this into the mix and put ourselves back into what the jury would have been looking at when it went into the jury room and what it is likely to be reasonable doubt and obviously at some level you example of what if it was different well the fact is it was one of those pills we put the actual pill into evidence and i think reading the record it's clear that everyone agrees give accounts for the defendant agreed it till the very last minute that it  of score two times before we got to this case and showed her the film before the day hearing two times she described his fall to the small when she first met with the government and was interviewed just days after