so now we have here a month before the trial began the government tells the court that the only thing mr of air has is a prior shoplifting conviction and we see it significant transfer the d n a they never come out the court sad oh well that's enough feel for the cross examination fire the jury doesn't well that certainly and let me ask you this as i read the testimony and the cross examination does bring out  he's got some sort of a special arrangement all of the detail remains a little ambiguous with the federal government which is respect to his immigration status and it does bring out or maybe this is brought out on the at the end of the end of direct that he's testified in i think i'm hearing you tell me that his lawyer did not know until he asked the question on cross examination about the i honestly this was not right that is correct so that was just a pure shot in the dark well whe they thought he may be an illegal immigrant and so they ask the question and agent barnard while he's on some kind of special status with the ins and the government has never said that never seen and there was a case united states versus strife for where the defendants in their appeal of knowledge that they didn't know what would be in there and it was reversed a matter of fact in that case it was sent back down to the district court to review in camera the files that were not disclosed the district court found nothing it was again appealed to the ninth circuit ninth circuit found three or four things and sent it back for a new ordinarily does not work that the defense gets to say open up your files so that i can figure out what's in your file that i think is right usually an obligation that the prosecutors are lie with and the way i usually see these cases is somehow the crime the defense has later learned of the information that the prosecutor had that should have been turned over how do we doc your position which is to say we think there's some stuff there but we haven't seen and short of turning this into a vehicle for automatic brady triggered open file discovery of whatever the prosecutor has well this was not your honor my understanding is that if an individual's been stopped by the immigration officers with with out legal status they will generate a file on the contact or record entry the person doesn't necessarily have to be convicted or formally imported or removed but if that individual was fought was picked up the united states without legal status they could be voluntarily excuse you work for the u s attorney's office it's not you know you don't work for a specific agency you represent the government and the prosecutors obligation is to turn over documents  certainly a major point on cross examination but they stumbled into it is that is that the way you you want to conduct a trial a stumble into things no your honor and that's what that's why i say it's you know it's i think i make sure on that issue when we have in the immigration file we get from history check so there was no prior convictions for any type of unlawful removal or illegal reactionary now i'm this i'm totally making up so i don't want this to be an implication that i have any particular knowledge as i do not but for example it might turn out that in the ten other cases the minister of there has done that and three of them he was impeached on the stand and shown to be an absolute liar and that's that's a possibility the da may have information in his file that will tell you this well the general counsel's office and the agent would you know it's disclose that to me and i try to get permission from the d a if there's any other information i relate would it help you do your job if we were to state clearly in an opinion that is the obligation of the government as a whole  there never was drug tested he did not know mr out there i had a cell phone under a different name the cell phone was never checked for its records we know nothing about this man and certainly the way the a handled this man he was pretty much allowed carte blanche agent by and i testified mr a very good take drugs if he wanted to he spent a lot of time gambling in the casinos and when agent barnard him what he did on his off time he said well i spend it with my life up in winnemucca it wasn't even his wife it was a girlfriend so there's a lot of red flags about man and mr blanco's trial attorney was never given an opportunity to find out if red flags led to something that would perhaps as one of the judges said