the community so we did provide that information but along with that information we also provided a sellable who's already if you take either one the absolute disparity doesn't seem to be enough to get you over the hill does it i mean we've got a case where seven percent absolute i think more than total population figures not required but if they do and you did the district court's not prohibited from using that better data or those different data i mean that was your data right this is not required doesn't prohibit i think actually did focus on this whole community first and also stated that this whole community is much more reliable to the what's your definition of whole community do you mean when you say whole community do you mean everybody who speak spanish is hispanic including that the point you came forward with that with your expert who said this is jury eligible stuff and it's difficult but it's it's relevant it's useful it's reliable and if that's the case then you tell us that the court is prohibited by night circuit so so you're now saying ok we're only going to look at that all population so everybody who is under the age of eighteen gets excluded so let's say some i mean just hypothetically i don't know this for five but let's say turns out hispanic families have many more think if we look at raja's product and supreme court case and around that issue came up in tehran and they were trying to say what there are a lot of women that can actually serve when they're called to serve because district court but it's difficult to come up with that actual number and that actual number that he came up with might not have been as representative as the actual census data provided that what he said available you can break down the general community and cited to ask will words age appropriate but again as was pointed out there is nothing in that case that says you can't go further down if you got the jack and in this particular case long as a human well why why is that the right interpretation well you laugh the jury the jury selection ak specifically states that they've got to be people who are who are who are eligible to around the streets even you know living in houses even though not all of them concerned well from a purely administrative standpoint culling through that community in the southern history of california when you consider the willing to come or say you do have a call out because only only eighteen year old citizens who could have a reasonable acquaintance with english can serve on the grand jury is what's the ultimate question we're trying to answer whether there was under representation on the grand jury or just under out there but i believe the i believe that the defense of the defendant is complaining about the makeup of the grand jury to return an indictment against so you necessarily have to look at who's eligible if a bunch of people are eligible that doesn't reflect a that if you can break it down further from this massive mass of people that you cannot do that but that's for real and rudderless laura both recognize that you can if you can do something to  call through the community to reduce the number of people who are eligible and once again the cases recognize you can do that and in the school that did happen and in this case it appellant it's not that difficult a task because in his or paragraphs nine to twelve in his a declaration he tell you how he did it and apparently there are sources out there that do it because what he does is you refined it down to the  joined by just now some and this was the very issue the question is whether community for purposes of a portion but those of dividing up this takes to make sure justices well that i'm not familiar with and i would suggest that that's not that's not the situation we have here especially the type of situation we have here because i think the cases that we do have on this point  go ahead and add one more person to the grand jury or you sort of change that the racial makeup or the i think makeup of the people on the grand jury what you say is that rigorous the necessity to on the jury or the voter registration rolls and you have to go to other methods the way the state does maybe to vote i'm sort of driver license mean some other record which broadens the community and changes the disparity you don't have a draw and you may still get you know you may get more alas i mean it doesn't guarantee any particular makeup ok i just wanted to point out if we do look at twenty three people on a grand jury and we look at fourteen percent absolute disparity that would be three point five percent it's missing from each  grand jury and if you look at ten point seven it would be a little bit over two point five people for each grand jury pool so that and that's one of the problems in looking just at absolute disparity because it doesn't really show what the significance is and that decrease the number of hispanics in the jury pool and i'd also just like to quickly point out that the northern district of california several other district courts throughout the country  supplemental on driver's license and i d s to supplement their jury selection process the state of california does it and it uses such a standard in order to incorporate a broader base of the hispanic community in the district and we're