lenient so on make your best arguments with don't spend all day amplify so the people in back of you cannot hear what you're saying and we as we speak yesterday may please the court counsel once again on assistance states attorney career coleman on behalf of the people of the state of illinois case should be remanded with instructions to reinstate all charges against defendant the trial court's decision was a variance with the clear and unambiguous language of section one note seven twenty five i also see as one of three b s wave of provision which explicitly states that the defendant's failure to appear for any court date set by the court operates to waive the defendant's demand for trial made under that sub failure to appear operates to waive the speedy trial demand this exactly what happened in this case the facts in this case shows that one april twenty third of twenty two and defendant failed to appear in court on april to appear in court we also know from the record that on the date of may eighteenth defense counsel made a representation to the court explains of the trial judge that at that time she was unaware as the defendants whereabouts that she had not made contact with the defendant since the may twenty dollars excuse me the april twenty third acquired brain and that she could not explain for the quarry or give the credit any explanation as to ride the thing that was not in court on that day idea of the whereabouts of the those defendants on the day that they failed to appear in court and that should have been treated as a net case where there was a failure to appear should have been treated the same in this case as a failure to appear and given the a clear and unambiguous demand for trial the people argued that the time started a new started that day zero on september first of twenty ten runners there's another issue regarding whether or not the statue accounts for spying versus which is a case that was decided in december twentieth arriving by this court by the first district the cry to match case explicitly stated that this this crime cannot write into the statute language that does not exist if the legislature had situation where continuances granite workwear finds just physical incapacitation and the language in that statutory provision provides that when the crown is given proof that physical at incapacitation has been removed as a daisy road at it if it doesn't toll in other words and pick up from where the one hundred sixty daytime left off and the people maintain that position because of this quite proof that section one o three dash five f which deals with affidavit or evidence has the time to despatch physical and past incapacity has been substantially remote as i explained in the people's brief section one fourteen dash for either language in that section uses s new meaning that the time should start again that language is absent and one zero three dash five s and instead it says that the stay a period refining to the one hundred sixty day time so continue at the point at which it was suspended those two statues have completely different language and that in the people would argue that and did above the legislators intend to treat the situations differently and how the one hundred sixty day time should be treated differently once that determination has been made according to the language of the statute this is the the statutory the speedy trial time will commence a new in either situation is the people's position what's the point of using  because no not at all and every other part of this this dialogue that we're having suspend means stop for a minute and then start again in this particular part you're asking us to read the word suspend combined with com and new i mean suspend meaning it didn't stop for a while and and commence a new means the clock starts from zero and i'm asking how you can do that when both words are in the same  temporarily suspend it which is immediately preceeding the was to spend in that section or one suspend and then the language after after this test and on the day of the expiration of the way the same period shall continue at the point at which it was suspended then you take that that language from best statutory provision and compare with the language that the send them to my attorney and he comes in every theory at what point are we are we able to prosecute this guy in the long run even in that circumstance judge if the attorney is coming in and providing documentation to the quote is the people argue before under one fourteen dash for i there would have to still be some proof bought brought to the court that the physical incapacitation has been removed meaning that defendant  be able to prosecute that  these were documented by the hospital and by the physician the state had no time questioned the medical reasons for her not being in cork this is not a case like  eyes that he twice in his rulings said things like she was incapacitated how store ised and for no fault of ole miss court he talks of his personal observations about have physical difficult over my hypothetical right so i'll for all practical purposes the poor person injured has no recourse because you get off on the  abandonment of unknown rights here there was no intentional relinquishment therefore if a waiver clause cannot apply now as far as the second part of this for one fourteen i the state talks about reasons which are simply to re education by the defendant it's clear that it says suspend and then continue now like to use the word temporarily suspend but i would argue that temporary is a redundancy based on those the court found petty time period should continue and here the judge did not issue a warrant now i'm merely truth it's true the attorney said he had been unable to contact this client but he and proud of the problem here is the state wasn't watching the statue when they came back and they had agreed on a date of september first it was the state that wasn't ready and the state took a long day to write october the st evidence the court determines that the defendant is physically unable to appear what you're asking us to do is add to this oh but they can happen after the fact and with the language of the suit it's to me as it has to happen before the continu statute but again if you consider a case i can write a hypothetical someone could be hit by a car going to court i can't believe the statute would bar claiming subsequent proof of what happened and why they weren't in court but signs if it's after the fact it gives the oh my examples that you could create anything after the fact well and that's where we're  that it satisfied now here you know they were furnished with a doctor's note giving specific dates of hospitalization i think the judge could have said i want to know from behind us but it was well i think the state could have asked state never asked for more on the state never asked the judge to clarify would have a role in the speedy trial before in fact the last continuance and i agree that the state could have done that concert just specifically to this case the record shows that the mature person living alone no family no friends no support system totally unable to communicate with the outside world when something happened to her there were apparently people in her life that knew what was going on and so in this particular case this case what you're saying is she had she had no issues and respiratory care she had no way to i think i heard you say she had no way to communicate with her written motion or the court's own motion and after presentation of evidence the court determines the defendant and a continuance shall be granted but that's all before the continuance is granted it's not after two months later how can we at how can we end that what authority do we have to add  that i guess or i can say your honor is it doesn't specify that vacuum mentation can never be received at a later date i understand that's not spelled out there but then i think that  unclear because again as the situation i gave beckoned to situations where you could get documentation at the time of the continuance and i think the judge was aware of that when the attorney said last time she was in the hospital for a week now unfortunately for the record is barren as to what happened in the week and what efforts the attorney knows i don't know if i try and design a briefing machine and can do it i don't know if any close relative was available or not i wish the record was fuller but the record is what it is and i think we just have to go on what the record is six b i'm only awa and we all know there are cases i mean god forbid you could have a heart attack on a day of court might and we may not be able to reach true roya step before before all of this was among the alter this issue wouldn't be coming to us because the and i would just say that understanding that the five for one fourteenth floor i this not to the situation explicitly where something happens to someone on the boat of court sabbat an explanation is not available it seems to me we can't assume the legislature meant to exclude that type of situation and if they didn't in recess or when it's only for the new or they're not using after that there's it's not a case of defendant not being present because counsel present we just have mere absence we don't have a failure to appear because the return is fair well if you accept that reason of course where five here because the attorney was corollary but i mean it seems to me read koehler say as if there is a medical reason bad bats considered more than a failure to appear and we have to consider that and of course here we not only have a reason we have documentation we don't have a client's word alone we have a hospital and a physician well that is it not true that prior to these a man this would not be a that it's also course now whether at the ledge a legislature with these words could have possibly intended that the doctors know could have come after missing court twice because it wasn't just the next day that something happened to her it been cases in criminal court where an explanation comes into the subsequent day now sometimes the warrant is issued on the first state and then it's just withdrawn it would seem to me in a medical situation where you can be emergency recommends could be on a breathing machine you know we have to consider but that didn't happen i don't think the legislature meant to rule it out with that wording in one fourteen for i use it every you done now thank you in the language of one fourteen dash for i present is whether there's documentation from prison being presented after the fact based on the reading the reading of the statute the documentation cannot be presented after the fact in fact did the court has to be a documentation of physical incapacitation based on a reading of the statute before it contain was ever granted and even even when presented with that documentation the people maintain their position that the wire shall commence the new means that cases on the date that the defendants and zach roski is a minor they failed to appear in court defense counsels in those cases had no idea of the defend his whereabouts which is the same thing that happened in this case and and would be entirely proper position for the people because at that point the people if that's the court's interpretation would have to anticipate whether on a future quite day this b m w that's been entering continue or the court maybe is going to strike him and say well now  presidential to the people and it would impede the people's ability to prosecute a case the facts in this case are completely analogous to a minor and zacharias case we have the defendant their failure to appear in court and bear floyd that was a waiver trial demand and the time started again at daisy roe on september first when the then it entered another way and demand for trial and based on that your honor we would ask once again that your honors reversed the trial court's ruling and reinstate all work on thank you