while he was in bed and he was in mobile he was able to speak that would be pretty objectively you can speak it was alert might be a bit more subjective and was oriented to date time place is there any anyone other than responds differently but i don't read too much in that i don't think that it's fair to infer from that that because we can't point to specific side effects suffered by this particular defendant i the they can take that would be one step they could take they could have they could have had discussions with the defendant about the facts how were you feeling one of them what are you taking are you are you deceiver you confused you know they testified he's don't i don't see it i mean nobody saw it i mean something disinterested people didn't see it on the twenty first the police officer certainly testified they didn't see it so when did ms pyne say she put it there was it before the police officers came  good morning your honor morning counsel i mean please the court my name is your younger people and i represent the people in this matter we respectfully ask this court to affirm your court's decision now before going into my arguments for voluntary statements there one doctor testified that it was obvious that he was experiencing any side effects it would have been obvious to the person questioning him or observing him or around him but that doctor testified that there was nothing that stood out during the period of february twenty first or february twenty second  shortly defendant was experiencing any side effects second your honor your honour's a second doctor the pain management physician stated that he did not know if any side effects the defendant was suffering at the time the people believe we're looking at third parties  injuries and after that surgery but to saying that his pain was so much that he was unable to sit for two hours to make this test are to make this written statement is to go contradictory to what he actually did with these detect he was able to have a clear and open conversation with them even both detectives testified that he was cooperating that he was being able to speak with them clearly answer the questions appropriate lee the fact that he was on medication g seeing the defendant on february eighteenth and very twenty first there's nothing are out between figure eighteen to twenty second nothing stood out during that period that would have made him given his to this doctor that to defend it was experiencing any sort of side effects th him did he really did he actually have conversations then was he just checking char checking with the nurses and maybe the defendant was actually sleeping during those encounters don't leave the record is clear that you're honest with regards to and i'm visualizing you get an intensive care unit which usually has a lot of bills and whistles attention to you still that you can be attended to this quickly as possible why you know the reason they're so i don't want to call them pleasantries because in this circumstance this would not be very pleasant but you know do you know who you are or how are you feeling today you know mistake to go up and ask are you doing what's going on in your honour's but in this case they did it two detectives spoke to a nurse prior to even interviewing the defendant asked that nurse if they were capable or able to speak to the defendant if he was even able to speak to them that nurse then went to the social worker teresa cook and she stayed as long as there is no medical concerns or medical reasons she didn't see any reasons why insta tech just couldn't come to speak to the defendant or do we assume that intensive c wish for this to stop i don't want to making more statements and continue to proceed that is completely distinguishable from the facts here your honor where the defendant was able to speak he was very really able to say i don't want this to happen i want counsel i want my defendant was going in and out of consciousness he wasn't even able to answer questions appropriately or here we have testimony that said the friend did answer these questions appropriately he was stating things clearly he was awake he was conscience and we have that by both detectives and my third party nurse who saw him every hour nurses made it seem or indicated to these detectives that they could come and speak to the defendant in this case so there's no disregard by the police officers with regards to the defendant's care rather they came here three days later to even been a victim but the they let him talk for a while and said oh by the way the clothes you were in had gunshot residue on board what part of being a victim with that that's just asking day they are trying to understand the circumstances with regards to the gloves that they found this scene begun to dig found at the scene which shows that they found in the car and the defendant in lying in the ground they have to sort of investigate further by a she was there and she left on work on our own accord but detective damon stated that if she would have remained he would question here or he would question the defendant no matter what so even if she would have remained in the room questioning still would have happened because they were investigating what happened three days prior was she was there any indication that she was in one of the vehicles at that particular time three days prior no your honor there's no indication of the girlfriend was  however minimally to to commands from questions that's a whole different question there is he possessed of his faculties to the point where he can voluntarily make incriminating statements to police different situation that now there is some physical indicia the problem there was no testimony of that to that effect was there that injury this period of time when they were with him on either day until purpose these opiates be the drugs have a purpose to deaden or or to mask the pain but is there anything that says that in the asking the pain they also own free will is there any evidence or any science that says that that's the case but there's the testimony of the doctors the side effects of these medications did those are possible side effects for possible people i mean are i when i had surgery on my hand it took norco and i had nightmares but nothing affected me during the day other than i didn't like the way i had nightmares so i mean what what is that what science says that