trumpet is in the best position to know whether or not the jury paid attention and to make that judgment call me on that true but i'm hard to argue that that's wrong chords in better position to know whether someone was listening and concentrating then that a juror whether or not they're hearing or concentrating on cereal and so when a jury tells you that he was not able to concentrate or he couldn't hear and we have to take that during his work in the trial court had many of these before they could have been rectified the problem so what what are the elements of delivery the statute says delivery means the actual constructed or attempted transfer of possession of an offense with no right without consideration or whether  relationship the essence of delivery is the transfer of possession but that doesn't require that the person who does the transfer actually will sas the can it includes the person who is the broker you look at the intent of the general assembly in an acting this statute yes it is meant to respond to cannabis and to direct was all compassing the possession with the intent the liver and the delivery itself delivery being usually the person who processes  that the legislature meant to target they may keep their hands ever so clean but they are arranging for they are brokering the transfer of possession of cannabis and they are guilty of the crime of deliberate even though they may never and yes i was aware of it and he explains that his aunt who works for the post office helps him out and any other then he also says if you want a delivery here i can arrange it so th you may hear recordings in this case over the next couple of days and then he goes us get this if you can't hear these warnings you need to revise me at that time because you're going to listen to these recordings only in the courtroom that's why they didn't record and i don't want to go beyond that of course but but i think i think the jury was just charged prior to the deliberations but the the salient point is that the defense counsel acquiesced in every way in which the which was the recording of the defendant's statements and the people said we have no objection they can go back the defense the defense counsel said no i don't want this over emphasized don't want it sent back and to listen carefully the court indicates that he watched them carefully to see they were paying attention and what happened was a few minutes probably seven to ten minutes after the jury retired delivery apparently they made some comment to the bailiff who made on who contacted the judge and the judge says i will not entertain anything but a note from the jury so twenty two minutes after they began to deliberate that's when they sent out the note personally sat and this is twenty two minutes after liberation starts and very short time hardly enough time to elect the foreman we the jury all agree on the verdict except for one juror number four who missed part of the trial because he couldn't hear a his concentration wasn't good that was the no well they were talking about how to respond to this you know and while the judge is saying i'm not willing to give you a hung jury at this point they haven't been deliberating long enough know basically her crying that this is the one this is the information that we wanted to listen to and that was that the defendant's and fashion about being the broker and talking about how he had said x amount of  instructed the jury to continue to deliberate in that they had the evidence that they were going to get and that was a five forty seven i directly the jury began to deliberate just a little bit before five o'clock  it's hard to reconstruct but that's the best i can as best i can tell so it's six twenty the judge asked the jury if they would like pizza and they all agreed they did and then sometime after that it's not known how much longer but listen to that for the very first time in the jury room and there's a lot of reasons for that first if there were so much observer in the court room while sitting in the jury just don't get it when you're actually in the jury listening to evidence for the very first time  second we're not sure that this was the only recording that the jury didn't because the trump court never told the jury and never called this particular jury and asked him or her what information he or she was missing s