try to reserve three minutes for a bottle and i will try to keep track of my time before i get up caught up on the substantive issues and because it's something that sometimes gets put off and not talked about i want to make sure it's clear true just had a reasonable doubt about it and the errors that we've talked about in the breeze directly impacted that judge st trimmel izing the reason trivializing the reasonable doubt standard lowered how sure th and being allowed to give the reasons for that opinion you have the prosecutor hammering and cross examination the rebuttal case and closing argument about why didn't he say this when he was arrested you had a court excluding evidence that mr so what you needed here was something supplemental that said no what you need to be firmly convinced about are if you want to use the definite blackmar instruction is an example the most important decisions in your life  you're not instructional rare no i'm not arguing that instruction was in there the problem is there was something in this if if the prosecutor hadn't argued but the prosecutor argued the instruction would have been acceptable at least according to knight circuit a reasonable doubt i'm going to give you a sample mental instruction a reasonable doubt reasonable doubt is when you're firmly convinced on a decision this among the most important affairs of your life or something to that effect something similar down a black mark language can give an opinion on whether another witness is telling the truth and that's a question that's left for the jury is probably one of the most fundamental principles of our evidentiary rules you don't have you know you don't believe him and the context is very important if i can refer your honor and supplemental excerpt of record forty five to forty six the question there is c n n which between questions about how the agent was pressuring isn't clearly intended to paint a picture he even has declined to admit anything when you are pressuring it like this the st question is what is your goals of that interview was to see if you could get mr alaska's to admit that he knew there were drugs in the car in that context he says there were times where you told him you didn't believe what he was saying and then the next question and you were confrontational with it more you so the russians there is not being offered for the truth whether the agent believes or not is being offered as part of this team that you were pressuring him and saying these things don't try to get him to admit things and i don't think that opens the door well i understand your argument and i read that testimony and didn't believe them so he you know he went too far he asked the question and i don't think the fact that he previously asked different questions changes that he also didn't react question that your your honor didn't get in answer that having the agent an official government agent giving a closing argument under oath and examination about why the defendant shouldn't be believed so can you clarify the timeline of the counsel raises this topic in the glascock testifies then there's a series of questions where all the defense attorney is asking about is you challenge him didn't you don't tense attorney asked him i think six times he uses the word in some way  or phrase in some way or another you challenge him in response to one of those questions the asian silence years no i wasn't challenging him because whatever i challenged him because it didn't make sense to me basically saying i didn't believe matter of it wasn't so as like i would like to ask you about the prosecutor's reasonable doubt closing argument your your brief seems to be quite unconcerned with that that you didn't appear to be very correction at all often and so if if we were to conclude that it wasn't a serious error then we've maybe less trouble by with the court did or did not do in correcting and then if we think that same it was more an error and you're saying that anything about the type of decisions so just referring to jurors back to that instruction ensure the prosecutors in a statement also want the court to know that this was a reasonable doubt argument case if you look at the defense attorney closing argument starting at supplemental excerpts of record or fifty nine reasonable doubt is the nd since his argument that he's been a new texas next to pages talking about we reasonable doubt is he's been six pages talking sense this was more focused on reasonable doubt that a lot of cases i was hoping to talk a little bit back about the testimony on truthfulness issue if i could take just one more minute  for putting the testimony and the government in using an argument they didn't need to because the agent already made the argument for them being allowed to give his reasons that was what