health issue and whether that which in our opinion was devilish positive prejudice in regard to my client situation in this case the success of post conviction petitions are essentially efforts to do get someone out of their legal rights and they're already in the coffin and many of the nails have been put it and so there is a very stringent burden in these cases but we respectfully propose that this case should have got on or further proceeding on that point was arrested on january two of two thousand and six for the incident regarding  viner he was convicted on may third of two thousand and six and by june twenty one of two thousand and six he was on his way to the stable correctional center having been sussed fifty seven years in the illinois department of corrections the and i understand the mitchell stand and that is a high standard it's a difficult standard especially given the fact that there is no evaluation by a doctor from either side whether it's the state or or the defense that one can rely on but there were affidavits from his mother regarding the fact that his mental condition was brought to the attention of counsel of also from his cousin to the same fact i did attempt to get  his social security records but i attached in my the success of post conviction titian as if it was my letter to the social security administration as well as the social security appointed to deal with depression and normally aggressive behavior now he is not on this medication at the time that this trial to the fact that we believe that that is a primary problem that he was n he also heard that he had an f eighth grade education on that and suffered from a motional in mental health issues from the time peter was a boy and we believe that based on all of these fa that there should have been an inquiry into his fitness especially given the short period of time within which from the time that he was arrested to the time that he was convicted and sentenced on june twenty one of two thousand s there is if you look at the record well i mean the whole record establishes and you can you can spin it either mr  this case went through as is attached you know previous to the initial post conviction petition his writings to the court i think there was even a point at which judge diamond ruled and entered in order that mr reed was harassing the court with all the matters that it was forty four i guess my response to that is dr steph on the face of the record just reading the letters in the transcripts  of the trial one may not necessarily reach that conclusion though my client did not testify i mean you can't get a sense of who you as a person i think unless you have testimony from him but the fact that this entire record shows how he was behaving towards the court and addressing all of these issues in my humble opinion does indicate a degree of instability it's more toward the letter of in terms of cooperate in counsel in terms of evidence the reason we have affidavits and post conviction petitions is because you need to establish something that's beyond the record it's not in the record my client signed an af averred that he had mental health problems and that he could not understand what was going on in equal not reasonably cooperate with counsel in his defense and so therefore i think that issue  unfortunately have never practiced for such time or had in the past by all i can approach all i can present to the court what it is that we have in terms of the affidavit is of his mother and his cousin us this was an extraordinarily an educated individual he had only made it the eighth grade and he did we are learning that he did have mental health problems which would have occurred or i'm sorry which would have interfered with his ability to file a post are i don't think that you can assume that the product that you're looking at is necessarily created by the individual file because these people i don't think that a and i believe that there is sufficient evidence in the record to establish that mr reed had mental health problems that would not that would have interfered with his ability to file the first who bring that issue to the attention of the court there is a reference in the affidavits of miss reed and the cousin marlin brief that when they attempted to bring quote unquote mr reid's mental health condition to the attention of mr rooter that it was not listened to at that point so i don't i don't believe necessarily that any inference should be drawn from that and it would be extremely these issues he just simply could not identify each and finally one of his other claims he argued that his convictions his convictions violated numerous since his condition or mental health or is aggressive behavior depression they're preventing him if his lack of education and his lack of counsel because that cannot establish cars and because there's simply no prejudice the scoresheet of them on that