but she's on the pill and with the court's permission i would like to address the first two this morning the cornerstone of the criminal justice system is a fair trial essential to this purpose is the attitude of the defendants must have a reasonable time to prepare and respond to evidence disclosed by the stoat and any evidence admitted at trial must be relevant and accurate were there was known to my understanding no present patient by the defense the beast man this new report we need to get our own report it was simply time to absorb the head of the new report so it's not a situation where judge i just got this report and it's damaging i need to have my expert review it so that he can come up with the rebuttal report that a result of that wasn't true isn't it and it's true that this this was a long trial you know i think the parties involved expected it to last for several days but that is you know this again this was a double murder trial the defense team this is not expert weighs an expert in population genetics he was not a frantic d n a expert in forensic d n a analysis so his field of expertise was in statistical calculations he's not the one who could look at these labs which again these numbers trial they have to be ready for everything else that was going on this case not not just this particular aspect that they did they confront the judge and say we have to interview other witnesses and we have to think about this and think about th circumstances and there's a difference of course between them a complete lack of counsel's ability under chronic and really ineffective assistance of counsel as in this case and you know  outrageous that the prosecutor would tell the jury that the illinois lottery commission and the police in the car actually had a person who had any minor thing to do with this case was part conclusion it that it's just even with the ha rations testimony in this case he had no idea what the reach of the tower is and all he could say is that if the if we get a signal that spinning from the are calls that somebody else is making on their phone to mr fountain's number so again that's something else they can according to current scholarly articles on the subject can impact that t bombing and in the absence of knowing at minimum what the reach of these towers was at that time if there was something new or basis for this kind of evidence to be in front of a jury without a frank hearing and again this is not an argument to and then we'd be looking at it and i lack a foundation for what he was testifying about given that again there is no there is no testimony or evidence regarding the reach of the towers and and that can come in the future and that the prejudice would also be that again the state is allowed to was arguing to the jury that you know we know it sam we know it's a cell phone when that's it's just not it's done it's not accurate and your who was obviously consulting with them during this period when they got to work one would think that the expert would say you know what this is pm my skill you need joe smith cases no published case john or not so there's no case l make a few points first the saints are going to that the defense request today has to be placed in the proper context and that that's all it was offered and the state didn't object to the request for a day because it statistical calculation part but player b but it was not that the defense expert said oh he was actually included when he should be excluded or it wasn't like that at all and the c seems pretty dazzled by the fact that the best it's not clear because when it first came out from october eighteenth the defense told the court that their expert has assuming that on the nineteenth they said we had a chance to go over the new statistics with their experts and their question in mind can we trust that they're done correctly now we need an expert to see if the stats are correctly or not they're not it's not clear on defense counsel's argument at that time whether they're talking about the expending in statistical analysis of that already attained or if they're gun she and she was repeatedly telling the crowd we're going to be in effect if we don't seek an expert if we don't get an opinion we need more time there's only so many ways that a defense attorney can say that realizing that in a couple of  is to go to trial in front of this judge and he's telling her i'm here today that's all i'm going to possibly give you a day why do you need a day right now i mean how how hard is a defense attorney expected to push when she's about to represent somebody on incredibly eyewitnesses is certainly not enough to overcome the prejudice from the other issues in this case and i'm the one last point about the cell phone issue is that the strongest signal is not always the closest so wrong it's true that it will seek out the argument does not invite that kind of argument in return in conclusion yes this court to consider that a trial is not just a search for a conviction the principle of the just in trial depends on this court but it's by tally and strength method of just unfair trial with deeply distorted care by the trial courts to allow the defense a reasonable continuance to confront the newly disclosed