and the question is who is the other one the second shooter martinez just the murkiness was convicted of being that second shooter but now patrick comes forward he had not testified before and he with the same two men who had been in the room about a half an hour earlier now it's undisputed the first two were over guile and patrick jephson seal so even from the other day of the thing and part of it really into his credibility and and one reason is i think or might want to comment patrick made it clear that he is still very proud to be a land king and may be post conviction made these pretty dramatic if you will find ways of credibility on all of the witness that witnesses that testified on the defendant's  override the use very clear seat on qualified findings that each of these witnesses were simply not credible untruthful and the fact that they waited for so many years to even come forward with this testimony against manifest weight how do we get around the judge exploiting give his reasoning for why he found them in credit not credible and the  saturday morning radar don't know if the purpose of putting your client in that hotel room was to protect bill maher who was on the corner of omar because your melissa who you know always concerned but she feels that this is the right thing to do why are they now coming forward one of the points that the the judge made was that patrick and complex remember patrick didn't he refused to testify at jesse's trial so the conflict existed even way back there when he was first questioned by police he did but the gig told him to do he pla and monica martinez they'd both tried before trial to speak to bruce self who is just his trial attorney before trial to tell  disappears so we have something going on we have a very small to provide i think a large iceberg here about what's really going on over here we've got two witnesses potentially very strong for the defense who both surface briefly i mean disappear and they become unavailable to the defense and then a trial you know they are again we don't know what's going on over here we do know that the latin kings want to just sit in there for this because it trial was fear a very very far from overwhelming it was it was conflicting there was lots of conflicting and now we have new evidence coming forward so we do need tremendous evidence to tip it i forget and i think the trouble was in two thousand and one and i think it was filed in two thousand and three originally i could be wrong about that but it was a long time ago but it wound its way the student just burst out already fourteen years later it was in he admitted he lied and in the past and that jessie and him had discussed this case were housed together at the curtain of corruptions that they exchanged letters over the years and that is fourteen years later that he came forward with this affidavit and said that blue bottle and that person would be omar took out when you look at his testimony he testified he came in to the room prior to the shooting pulling the blue bottle those three witnesses testified that he did not come in at the time the shooting it was a two dressed in black came and covered their bases with goodies and shot up the room and michael johnson specifically testified that it was jesse who was the shooter the petitioner he didn't fight in a photo trial and before and while they still had consequences before they were sentenced here we have fourteen years later patricks coming forward and saying that jesse was not th it was omar he doesn't face the need any legal consequences from this statement council makes it quite that although patrick still this time has passed and he's coming forward and he's not lying this time he's been very candid and therefore that's an indication he's not lying what's your position on that particular argument while the trial for specifically made findings of how the pasture testified in the patch but he testified that patrick was evasive when it on cross examination and that he admitted he lied in the past and that he was cold and callous when he testified about killing your chance and showed no remorse and he found all those things that made it so patrick lacked credibility so the fact that he's coming forward with his allegiance to the gang and being very candid when you look at all the other cities circumstances that tend to indicate that patrick is not credible whatsoever well i guess the question is what's his purpose in coming forward at this point in time when he has nothing to gain nothing to lose i mean if you know what and i think this is part of the council's argument why would he come forward at all he was friends with him before the trial with jessie he's still friends with jesse the parent communications while in overall the judge found him not to be credible for reasons beyond just the fact that they've been friends the way he testified and the fact that he is alive in the past and that he outlined this very clearly in a written order in addition t trial of events there were four alibi witnesses who testified one of them was reuben who testified that he was at the party at the hotel party in the jessie martinez was never there  never there and then he had his girlfriend and everything mother of one of his children testifying that he was that of another party and the jury heard all of this evidence and they rejected this evidence and found that he was there and he was at the shooting and he did was to change the outcome and here i don't believe the evidence is so conclusive in characters to change the outcome of the trial you can't come in and coleman the the kids the council is talking about as far as combing goes i don't not changed at the post conviction here she testified she was afraid to say the second shooter was which was consistent to what she testified in the first place because she did not want to testify that just emerging as was the second shooter at the first trial she only testified to that after she was held in contempt of court and worked out a deal with the prosecutor to have relocation expenses jews ultimately found not guilty in this guilty and then you also have evidence presented at trial that the petitioner fly out and went to new mexico new mexico and said he couldn't go back to jail court i had argued that when i did review people the mind ties and preparation for the argument which came on february i did know that in that case you have to look at this core how they have to look at the underlying facts not whether the who was possibly the shooter not jesse so this theory of the case has been available but i did not present that in my letters that may have gone gone back and forth some i would be surprised around to protect her family she knows of she knows the risk involved over here if jessie with a second shooter what she afraid of he's in prison he's got no rank he's up she's already made him a few times before as a second shoot guilty but she she feeling guilty if he's in for seventy six years and she's not going away with skilton but you know why she was found not guilty it wasn't that she wasn't there she was found not guilty because the court believed her defense that she was forced to be there by the latin kings the skills of serious mention his fleeing is evidence of killed you can that sort i certainly understand the argument but think what else it was fairly new by this time probably the lead kings were trying to put him in the first place in a real good reason to i'm not saying that really i mean what i'm saying is that we're humans we know a few people's fears we know that people often want to do the right thing but maybe they're afraid of getting shot if they