on this case is potentially more than just an appeal person sentenced or bishop for ever beating i pray that it doesn't happen boy if the victim were to pass that was great and what we had is first the officers initial testimony that he took this photo and he was very specific he goes i believe it was the right ear very specific recollection south when he was simply pointing out that if he changed his his version of what happened again the c e o was never given the option to make those arguments  were similar clothing was not the same person but it's human nature when actually under the current standard yeah that insist be viewed in the light most favorable to the people and the question is whether viewing the evidence in that way and any eventual tray or fact could find evidence of fish and under the appropriate stand will defend it was certainly proven guilty beyond reasonable doubt on the evidence presented the witness is the problems of the witness testimony your eyewitness identifications or not it's not severe like defendant stated there have to be five bad identifications it's not just one witness there's five of them about the rain the witnesses testified it was raining on and off and i bet it wasn't raining heavily at the time of the offense so the rain didn't interfere with their abilities to observe defendant about the van and whether the van had more people in it to witnesses testify that there is only one person in the van and they could have seen if there were other people in the van there weren't any  driver of the van but in the back there was only one person encroached between the seats was how i understood the testimony to be as fair as the officer stated he could have seen if there was a third person hiding in that in the back of an area  to stay here the police have already been called and you maintain visual contact with the defendant from that point until the police came then he said hey he's a guy who did it in here so he identified him to the police after never the one person in the van and the van wasn't set up that it could have been hiding this mystery or there was like no car well off and also testified that if there was other people in the then you could see and so i'm not opened it and said defendant was the one in there and never there was another person in the manner not just when it was certainly in the van and defending it was identified by three what i witnessed as the one who threw the punches so never calls him into going to ask specific questions he just said i think he would say he would have to say he did it and he said that i believe that given that he talked to his attorney and given that there cases that don't require the judge to personally question the individual to taking the fifth amendment right in one of the cases i say to the judge only interacting with  the witnesses attorney and in the are there only interacted with the defense counsel so the personal questioning wasn't required and this was all at that defendant's it's had  react in such a way that would cause him to tell anybody about it for three years but then he said he didn't i didn't tell anyone about it until his sister died in some kind of accident and that  hand was not damaged and defense counsel had trench pressing them about would you have taken a picture or would you put it in your point you know when you went to police correlate you didn't you learn certain things are important when you have looked at the hands and he said not have to go back and recheck a memory she said technology is great but it doesn't exist which could be talking about maybe trying to take it he thought he took it it didn't take it carlson that the camera a few hours later he took off all of the photos from the camera that ceiling had used there was only three there was no hand photo so there was built this way would he take a photo just that the limited minutes later if there was pale face why would he why would he try to hide this hand photo and then at trial say oh yeah there's this one photo have an opportunity to change his trousers credited changes questioning to teach that maybe come up with these different theories he was never recorded there and given what's at stake here given the