me please the court counsel my name is don johnson i'm here on behalf of the defendant mentally because you mantling is currently serving thirty nine years in department of corrections for his murder conviction and aggravated arson i'd like to address issue number and what did they say to him and what happened here and and i have some of those examples because that's what shows us under the totality of the circumstances what's happening into the defendant is he is learning i don't have a right to counsel and i think what we have to look at is was there badgering going on with their product and that's what they're doing to the defendant while there's a problem the problem for us first of all when you ask for an attorney and we say and we ignore it because you know to something else when you treating the delayed product of police and badgering as ballantrae initiation would serve no purpose it would exalt form over substance in the world rather than implement the goal of the court in edwards who sure this is where the police never recognized the said they told me what i had to say and it makes sense because why would this person who has been fighting for their attorney and i constantly and then even at one point saying you're talking to me and i asked you for an attorney  dany it was a situation where the police officers ignore the defendant the media and continue to talk and you look at the fact that internet wasn't even an issue it was understood that it's going to be suppressed should never be this is a case of first impression this is a case happened on the video and even if we believe the police officers i still believe there's no value initiation here but i have to correlate the credibility findings and it will start out like we're all in my saying you're kidding me they took him to the one place this this person w something so crucial is going to happen let's have a cell phone let's have it let's get it on tape and then we don't have to argue about this but they take him out i think we will promote the policy will promote police departments ok only what everybody wants to smoke up there and you get in there and you look at the second smoking break in the morning where they kill more what the officers same to this defendant calculated to elicit an incriminating response absolutely so let's record any yes we can talk to you time you hearing that he could have their retrial on this recording issue there are specific mechanisms under this statute by which an unrecorded statement can still be admitted into evidence and or her prosecution if for example if the recording cigarette or make the phone call so he could contact his attorney was there that discussion just before break we prefer what you know record as well as anybody in the room time but this statute doesn't suffer thinking consequences for the violation of it i mean we're talking about what the consequences are prosecution of a police officer for official misconduct case but they could have there's no question about that the cases if you're talking about lies deception do not about cases were a defendant has a ball i'm not sure that deception goes to bathrooms generally for a lawyer repeatedly he asked for a phone repeatedly and i believe your honor started with what happened right before the break he indeed did say can i get ahold of my lawyer then if i'm going through this then i he didn't