the prosecutor wasn't the first person to refer to this as an excuse isn't that correct the record reflects nine pages before that statement the following argument that defense counsel made and i think i've copied this correctly so it's pretty close to threats the fears that mr all we had our his defense to contempt it doesn't prevent what happened in november of two thousand and fourteen from happening it's an excuse after the argument in the use of the word excused and was a comment with respect to the evidence and the defendant's underlying motivation here is that what the issue was mentions fear of retaliation it's all of all vote for the gang of paraphrasing but the essentially that's what the bulk of the argument was and there was no evidence in records for that so what what was what was the its how was the content of what the defendant may for may not have said on the stand of the fusion trial materials to the allegation that the state was making did he was not taking the fifth of good f comment on a defendant's silence and said that you know that i'm wrong if you do that because that's in essence establishing evidence against the defendant so i mean that's the thrust of it not that that was done here this was really wasn't directed to his invoking the fifth amendment in the first place but why he refused it and how that impacted the necessity defense and whether in the first round he really defendant declined to testify not out of fear but out of love again so there was plenty of evidence why doesn't read to control even if it was error there's no prejudice because the defense too is plenty of evidence to support the jury's is one who in chicago on the south if they had all of this opportunity to get in if they didn't trust him his mother never moved from the location and given their child think she was offered the opportunity to or he said i'll get you safe or something when he talked to her and she said no i'm not leaving the i'm scared i'm not leaving i'm not going to get into this if something was going to happen to him and they really didn't want him to they were suggestive but they had plenty about the to do to make sure he didn't testify and they did not choose to do so so why now ten months later or however long it is does it become an issue and i'm not going to why it would have made more sense for him to say you know he's scared this is a defense to his inability but he or his unwillingness to testify he used the word excuse and mr hamel has said well they're using them in a different way we don't know their tone of voice we i don't think any of us were there i know i wasn't i'm assuming that you folks weren't here in the so they're just words on paper excuse can't be considered in different ways but i don't  ruled that it was ok for the state to argue the defendant's invocation of his fifth at the trial undermine the credibility of his subsequent around these these f posted conversations on facebook are going back and forth for some period of time yet we have no evidence he he just tells ryan pretty scared but we don't any evidence that in custody he's been approached if we know that that's a great place for meeting of former soul mates and we don't have any threat to his mother we don't have any