damage to the trailer and there was no injury to d any persons a little there were people in the trailer at the time and  have a brain injury he can't handle pressure they want to make sure the job was with him so they hired him to represent mr probus in this case  is in the record to show that he was actually in custody at the time they began to ask questions and here is is it in the record or what is the evidence that  was deterred a bit he was he was done with with answering questions he did not ask for an attorney during that aqua sheen here are he he did say that that's all it's going to happen here so you know we have a situation here you know as far as talking about  not in custody but he his opportunity to confer with those people was d not interfered with was it they could have given him whatever regards they want to i am sure that they could out except out the record in this case while we don't think that custody was required to be shown not that there are facts that would support the fact that he he  wood while he was there when he went into the room with us special agent jeff global from the south dakota division of criminal that he was advised in that room that  court listen still recordings the recordings make it abundantly clear that the defendant understood what was going on it was a part of the trial that there was some testimony about mental background information about the defendant sets the stage for understanding the state ringback of mind of an individual who's been interviewed ready there was a long period of nearly as long i can't remember the exact time but i think it may have been under thirty minutes so once the polygraph actually gave him the defendant mr ferguson actually stopped the interview at one point stopped the polygraph and walked out of the room he went to talk to mr whips and to his wife he was seen talking to them especially i asked him if you would come back to i guess he looked at the questions looked at what he accomplished what he had gotten through with mr ferguson and at that point he decided enough information to finish to be thinnish with the polygraph arguably something that if it were a historical situation d he would have been i guess invoking his right to remain silent but he said i don't want to talk about that and stop it there and he said he asked ok now do you want to talk to us or do you not because what mr ferguson would do is he would talk about or discuss make comments not wanting and i just want to make sure that you are willing to continue to talk and he did then the question got a little more d specific a little bit more directed toward the arson and  point i guess obviously at the end of your review he said i i want to plead the th i believe and at that point the agent said ok we've we've we're going to finish this interview d we're going to terminate d the interview d and when the recordings show everything about this cliff volunteer that the defendant knew exactly what was going on he  hugh understood the opportunity to look at the rights that the agents had told him about it he didn't lose time he did it really essentially three times two times during the other graph and then were the testimony of sam rios and christie pierce christie bit and i'll try to just summarize quickly mr pierce testified that she saw the inside the residence obviously when they even came outside and confronted him or attempted to before he drove away on motorcycles and so in other words are bad in that there was a fire set to credibility determination d that should be up i think the right to an attorney can't be exercised by the rules especially when you have a mentally defective person that can be can be undertaken