jury and imprisoned for approximately seven months it is undisputed that he has not been george who appeared on the wire tops and who was trafficking drugs in long beach joint federal local task force just did help me understand how desperate the descriptions were of the true mr george compared to your client mr west my client is six feet one inch weighs about two hundred forty five pounds and he was about thirty seven years old in two thousand and eight and the quote unquote george on the wire tops was described by an informant to the defendant as being five foot eight inches medium medium body type and forty five to fifty years old with a pockmarked face so i'm going to focus on the fifty d argument where the district court found that there was a lot of diligence and futility in my request for additional time to conduct discovery namely to conduct a deposition of the us a in the this it was required that i go through that too he process which can be a lengthy process can take easily thirty to sixty days in order to get final approval from the department of justice in washington so let me get the timeline in terms of when you started the process to take the deposition  cam so the timeline is this your honor the third amended complaint was filed on october tenth two thousand and thirteen the answer was filed on october twenty fifth two thousand and thirteen the summary judgment motion was filed on february thirteenth two thousand and fourteen so three and a half months later with the holidays in the middle i was involved in a trial before judge walter in the central district judge walter is very well known for having extremely strict requirements in his cases he has a thirty two page scheduling order he requires that you do a lot of things that are well beyond the local did not i get your busy number but i want the timeline in this case so the timeline was that the motion was filed america three and a half initiate the process to take ms chems deposition i had contacted this is not in the record but i had contacted the usas office the united states attorney's office and attempt to talk about the to the process but i just didn't have the time to do it ok and what would miss kim have given you in a deposition and i'm here then to let you speculate in an optimistic sort of way what it what did you hope to find out so i want to say also that this was a large inner agency investigation of a large drug trafficking network there were there were tens of wire taps the wiretap in this case was t t for the investigation was going on for about three years and there were hours and hours of wiretaps with george on the wiretap and detective roberts and was the case agent on this part of the case he was the one who was responsible for the wiretaps on this part of the case for t t four and he was listening to the  wiretaps so he was well aware of what was going on but what i wanted to say in response to that to the question is that pretty much the only thing that robertson could have legitimately told him about was dick was that he was arrested at thirteen thirty three thirty fourth street in october two thousand and five and that he was convicted of possession of methamphetamine shortly thereafter that is the only actual factual well that's the fact i just mentioned is that in october of two thousand and five mr west was arrested at that house that was three years that was two and a half years prior so that you know that that is the fact that robertson is basing his entire in that colorado was present when yes but that's that but that's the entire fact and when you talk to you when you answer a judge such as question earlier but resemblance of george and your client there's no record to say that george is also described as a male filipino suffered too late forty's early fifty's and no asian approximately five ten two hundred forty pounds even though was six ethnicity may not be clear here his other physical characteristics resemble the scription of joe much in the sense that he admits in two thousand and eight he was thirty nine years old six feet one across from two hundred forty pounds that that screen are two forty nine and three twenty three that the description that was just read was in the d a zero six that was given by another detective in the long beach police department allegedly observing that george so you put all of these together as well as a graduate indictment which assumes probable cause for the grand jury and assuming that detective robinson's process leading to the indictment information given for the indictment to the grand jury  was done in the fashion as described it doesn't quite have to be perfect right now but the only two facts that robertson could have given to kim that were him real facts were the ones that i read you've got to go to u c i to cooperate george despite surely he did nothing he did nothing your honor he did absolutely nothing at all but see that george was take had been arrested three years before that's all he did and then he just went out and got him arrested he did nothing else ok you don't want to just save some time that you're down to about a minute let's hear from the other side and then you will have some time  no the the fact that he had the picture driver's license for shelby and not a great picture but it's something that there was a semblance of that person being at the location and that information was transmitted to him there's been no information here or i should say no evidence given here that that in and of itself would be insufficient to support probable cause or to allow him to make a decision to whatever she wants which i think is a relevant situation or this is a malicious prosecution and detective roberson wasn't in charge of either in initiating the prosecution nor continuance and in fact the delays with regards to the bail hearing the voice analysis and all that stuff i mean ultimately what happened here yes it was a mistake that's not a constitutional violation and that's not maliciousness there was a mistake and in fact detective roberson originally believed that george was it was the perpetrator of the crime that  agree that a person who criminal conviction or criminal prosecution may plead his innocence it doesn't necessarily mean that they are insane in a sense i think what you have to step back and look at is the probable cause and here in fact there was a grand jury indictment so clearly there was probable cause and that wasn't only based upon what detective robinson said detective robinson was even involved in the grand jury proceeding i don't know you know i don't think you answered the question i'm sorry i don't think you indictment requirement investigation i think that when the voice analysis came in detective roberts who was trying to do the right thing and did some additional checking and found out that in fact it wasn't but there's no duty on  again the timelines a little bit skewed mr price happen to be six counsel from the beginning the original complaint was filed in july ninth of two thousand and twelve so there was clearly sufficient time had he wanted to the third of many complaint they came about in october twenty third team so once that was done the federal agents were dismissed at the u s government has just missed out and i just left the city of long beach and it's detective and we listen if you can't find it right away don't worry about it i can't find it your honor i'm sorry well the other side may know i don't i don't have that information the bottom line is i don't know what action if any i don't recall any action being taken to set it up i do recall that there were some conversations with the a a us a that was defending  e federal agents in this case but again that the deposition never took place and more importantly i think as judge wilson pointed out the declaration is clearly insufficient as to what was going to be said and even if it kim kim made the decision with her prosecutorial judgment independent judgment and decided to move forward with the grand jury indictment was signed by a magistrate and i don't believe that that that  i mean he's not the only papers there were e mails back and for there was communication and robertson actually met me at the bail hearing and he told me that once they get the right guy the only time robertson started doing something in this case is after i got a voice exemplar expert to analyze my client's voice and the voice on the wire tops and that was conclusive and on that i have to second gradually that worked good job thank order around the time that i filed the third and then a complaint but the important thing is there were several motions to dismiss that were before that there was a motion to dismiss by the government a motion to dismiss by as long beach there was a first american plane a second american plane and then finally a amended complaint so conducting discovery during that period of time was you know it it's possible that i could have done it but it wasn't really efficient in the context of the chaos ok thank you thank you