was african american as well and you're claiming that there was some kind of a rush to the stream an asian in this case that the niger kleiner right to a trial of piers i don't know why i thought that was the issue you were asking the question but let me ask you a different not inclusion so just because in the and you allow african american jurors or minorities on your jury doesn't mean that you haven't then use your challenges for race motivation because if you have  think if you look juror number nine is the one that i think is most compelling being that she had a cousin who was a big of a murder by what she believed relationship in the standard decision so in other words i believe the record shows that the prosecutor was using two standards one for not minorities and one for minorities you are juror nine now you're not journalists cousin was strangled  death despite juror nine's belief that her cousin was strangled by a boyfriend she stated the police didn't gather enough evidence to detain the boyfriend but the prosecutor will leave the journal and might allow this experience with police to factor impartiality and that is the prosecutor never stated that that is what we believe was in the prosecutor's handler on with the attorney general's argument on the point because the cross you never said anything on the record of what the reason for her using the challenge was this is our inferences and that was the concern across here why isn't she asked the question i mean every single day we have situations where we have somebody who might not have been happy with police contact you know traffic ticket and we ask the questions are you going to hostility or something you have some reasonable inference night and i believe that when you have by juries challenged and you have six jurors challenge so you have five of the six african americans i think you have raised a reasonable that scene wasn't violated because then it limits the ability of what the defense can challenge and it gives them an unfair advantage if we look past that abstraction for anything the prosecutor said suggesting a problem i couldn't find anything about because that the victim was a loss of life so there's no reason that one would assume that this was not a racially charged case and the actual jury impaneled did not show well at what point do we look at these statistics in terms of the number give an explanation so there's nothing in the record to indicate the reason since there we do not know the prosecutor's reasons were not in the record nobody knows them all we know is what's on the record in that these are jurors that are we will prosecute might have removed for these reasons and therefore it's not simply the only thing that we know about these people jurors race and nothing else so how would you like us to resolve this case explain how you think it ought to be written up you know encapsulate we why for what reason it was to do well i think that petition has not overcome presumption it's a valid state judgement that the court was there present in the room with the jury heard the whole we're here made a mistake in not wanting homicide case even though the trial judge may have articulated in that operating under the wrong standard at least process does a defense counsel make a decision that you know i'm losing these babson motions and i got accept the best that i can and that's the problem when you're faced with strategical decision that i'm not getting anywhere here i'm going to do the best i you're looking at the prosecutor the prosecutors misconduct during closing argument she was not handling things in a fair manner so what does that have to do with jury it shows her state of mind because aren't we top i mean all reality we're talking about her state of mind so we're trying to find circumstance i don't see why a prosecutor that could have absolutely no racial i don't want to disparage someone even shows how well you're willing to stay within the lines of what how far outside you're going to go and this was a very emotionally charged ca going outside during this case so there was one question that was raised about i don't racial motivation or something or why at the time i forget who from the panel i asked it but clearly this was during the the three strikes law there was a lot of emotions going on and this case was like a three ring circus i mean you have people falling out there's always a three ring circus in the criminal courts i'm i thank you very much the case