is the person he was convicted of the offense of methamphetamine conspiracy based upon the underlying offense meth amphetamine trafficking in order to be convicted of the offens apparently inspector pickett had spoken to kayla palaver two days before the trial and the state realized that they have time that mr caliber was insisting that he did not bring this ammonia into the state of into the state of and i from missouri that he said he got it in marblehead illinois so the state recognized by the end of its case that they were going to have a problem proving that element so they it they gave the trial judge the file but if the state wanted to use it for the limited purpose of knowing that the ammonia came into the state of illinois from the state of missouri he wouldn't object for that purpose that this was the jury i was and the isn't it exactly why we're asking that the conviction be reversed because they never proved i didn't recognize now that and sullivan there's i'm sorry there's been some kind of change in the codefendant was put on the stand by the state and as often happens the codefendant said he didn't remember what happened he didn't know who was involved and they brought in his statements on the record under oath at his sentencing hearing in his guilty it the only thing that was brought up by the prosecutor during his cross examination impale however was didn't you plead guilty to a charge that said that you traveled from the state of missouri to the state of illinois to deliver ammonia and he said yes i did but nobody was questioning that he traveled from the state of missouri to the state of illinois i mean mr is a pretty and mr kalar both travel from the state of missouri to the state of illinois with mr calibers testimony that he got it in illinois and that's that he pled guilty so used it for this improper purpose he also used the guilty plea again shortly after that to say mr to a conspiracy which requires an agreement and when you think this agreement was with if not the defendant which is very much like the czar during the substance abuse you'll be proved right right and so absent any evidence of any statements made by mr gallagher it is still people eat that could be used to show where this ammonia came from all we have is his testimony at the trial itself that he got this ammonia from a farm outside of marble had eleanor i and i have to say in looking at the evidence that was brought out at trial that it's also  threw the five gallons of ammonia at the act it's also interesting that there was evidence they had the power over called the confidential informant just in cold and told him i'm about fifteen minutes away from your i'll be there with the ammonia which is consistent also with the fact that marblehead is about fifteen minutes from quincy so it supports his testimony that you have was there i decided i'd make a quick buck that anybody could be him that power for any period of time let alone from the time it would take to go from missouri down the line so we would be asking based on the lack of any evidence any competent evidence that this ammonia came from missouri that mr the person he's conviction be reversed i'd like to make a couple comments on the ineffective assistance hou car and they did have to show naledge to show conspiracy but knowledge was not enough they had to show an agreement they had to show his intent to commit methamphetamine trafficking they had to show what offense he was trying to commit so much of the evidence that was introduced to show of knowledge and intent was evidence that was not admissible but was not objected to or was elated lee objected to by defense counsel first there was evidence brought out there was a lot of evidence brought out about and plex initially and i wasn't sure why all this evidence were brought forth it's called the n plaques it's a database by and maybe a federal database by law enforcements it's in i believe master sergeant fraser's has to moni that it's a database of people who are purchasing pseudoephedrine and they keep a watch list on them because these are people who are likely to be using  through this and play database and it came up that he was on a kill watch out of pettis county jail in missouri so is objectionable on two grounds one of those improper other crimes evidence propensity evidence and two it suggested that he had been in the county jail in missouri and defense counsel should object to that the other thing that actually defense counsel recognized after the fact was during closing argument when the prosecutor was arguing that  over had told the jury that cody's of risky knows what i'm all about you know what i'm doing with drugs he knows what i've always been doing that wasn't objected to but in the post from ocean defense counsel said you know help that now it was dropped exactly exactly and defense counsel after the fact in the post promotion said this was not what defense council did tell the jury that wasn't caleb powell over that was inspector pickett who claim that is doing knows all about what he's doing with drugs and at that point if the trial judge said well yeah i agree it should have been used for that purpose but you never asked for limiting instruction you didn't  while with respect to the first issue we're just asking for an hour a reversal because the state and i think the state agrees the state because of the way they charge this based on methamphetamine trafficking they have to prove that this ammonia was brought into the shade and they didn't do that so that in the underlying offense so they improve the conspiracy you say they didn't do there but it seems to me that you're saying that they failed to do that hard the state's case that it was brought in to illinois from out of state because skill counter never said that he brought it from the jury there's no evidence that it was brought into life from out of state from missouri in illinois and hence it's a conspiracy hence he was conspiring with someone so the coconspirator admitted most call the mission though there's a really real should say more correctly right to be put on a defense after the motion productive vertical and i but but our position is beyond that that they didn't never proved that element of the case that they came in from out of the statements he allegedly made to picket before picket resist about he was asked in a very vague way about the statements and everyone seemed to assume he was talking about  extensively than that oh yeah about how he had a conversation going to pick up withdrawal over the counter said he couldn't remember a conversation but he did say that offended knows what he's about what he always does and what he's always doing with the drugs the only the biggest familiarity with zero evidence i would agree yeah i think there are there are all sorts of things that were brought in during pickets examination your thoughts on it what do you think the prosecutor was talking about when they asked the court to take judicial notice this part of the crime of tracy  what is that a well i guess in the most generous way i can although i see really the motion for directed verdict or been granted then but i assume what he was saying was kind of what he said in his closing argument that they caleb all over pled guilty to this conspiracy charge the exact same charge we charge mr zapruder he with and that requires to prove that charge we're required to show he brought in from out of state and since he pled guilty then if just that means that he is admitting he brought in from out of state i don't know of illinois representing the state in this matter as far as the judicial notice that the day and the court to take brought into the state of illinois and high risk which was one of the underlying elements of the fence defense counsel response to that was that  state the prosecutor argued that and the opening argument that the two masts need an in the opening statement the state would have an opportunity to hear from to there was no cautionary instruction and there was evidence of another yes but in the case here there was other there was evidence and the way so what is the circumstantial evidence in the record that supports the transportation and high priests from missouri to illinois what the defendant traveled from missouri to the ori and when he was in illinois items like an hikers were found in his car he testified the defendant testified that he kept all these things all the things you said might be broken to the other charges that were dismissed but is there anything that you can give me to show they have any evidence admissible evidence to show that the and i just came from out of state and just that was found in the  where this evidence is coming from maybe it's and mr calibers guilty plea record i don't know but counsel said that mr collier said he travels three to four days a week to hannibal to make meth he's been cooking meth since the age of fifteen and that's the way in which he picked up the man from the field lean out of the window and picked it up that that wasn't believable i do not i think i mentioned in my reply very few there were mentions of that in the at the gas station and we don't even know what got exchanged at the gas station all we know is from the police passports testimony was that caliber and hold enemy but they couldn't see what was  y with respect to judicial notice i'm looking at my notes the prosecutor at the end of his case recognize he had not proven where this ammonia came from and brought out the file and said i'm just asking the court to take judicial notice as evidence of the element that we have to prove that this was brought in from missouri to illinois defense counsel i didn't get that ammonia from missouri i got it in a farm near marble and all annoy so they never prove that this only came from out of state interest i do have copies of the charges too and most of them i think all of them in fact alleged math amphetamine trafficking in one form or another either conspiracy or straight methamphetamine trafficking and some of do alleged th