how we characterize i know this court has some previous occasion we first have them as as comets as opposed to bona fide instructions that we submit that these were in fact instructions in respect for here's why first  bells will come after you've heard all the evidence in the final arguments of the attorneys when the time for giving instructions com i will read them to you and then you will get them in wri basically backing off any suggestion that what he's kind of going through with them for women they're only it's not really the law that they will be instructed upon later by i respect we don't think so i don't know how else can you read his comment that i'm instructing you of principles of all basic principles of the law as you know whether we want to characterize it that is and say is there going to be in writing i'm going to give in to you later and then there was no discussion there was no  definition about reasonable doubt later was there no yes the current the burden of proof except on people for your proof is beyond reasonable doubt then they go through the issues and on each issue if you find that the state has  each issue beyond a reasonable doubt you should find the defendant guilty if i'm the other hand and i think it's actually the opposite way if you find that the state is snap to the issues beyond me now it is your duty to find him with the instruction to be in a trial there was there were almost anything really as a result that was just from the pattern instructions that is certainly the case but given this comment at the beginning of the trial and the way in effect the way a jury would perceive those that  male if it made it less prejudicial or more pressure we just don't know so here he said some of you may have sat on simple cures here the burden of proof is preponderance of the evidence now he's he's you know shooting this away and saying i see that he said i didn't i didn't take that in the definition is it's more likely than not that the event occurred that are part of the evidence roll so proponents of the evidence to this is that the beyond a reasonable doubt is the highest burden of proof at long so did he not at least try to distinguish the two he did i agree i know i still despite the subject circuit opinion doro what your or even just the mere fact he defined reasonable doubt for the jury is enough to say there's there was a defining he decided through comparison to the so the standard do not apply that he didn't he didn't define reasonable doubt other than to say just is completely foreclose under illinois law that he's prohibited from doing this has to do for three one being margin right ok and he was looking at these potential jurors and thinking some of you may have been in a similar case before and i want to make sure you want your stand this is in a civil case you've got a higher standard here so simple is this but now we have reasonable doubt which is what he said the highest burden of proof for what's worse the air is incorrect about what  versus reasonable that it doesn't say that i don't think there's a case that specifically says that specific definition is there but there it's there are a number of cases and not to mention the supreme court rule prohibiting position is kind of that you believe that when judges start trying to compare the preponderance standard with reason that it is here w you say that i think you're right i think what you want to say if it were to accept your position is that any time a trial judge tries to define reasonable doubt by making a pearson to propound prince that fact that there were some inconsistency of a shooting outside of our terms of the number of people rush but then she said maybe two people were outside at the time and another with this like the bartenders that wanted something to that effect but she positively sat this w terms of whether or not he was consistent up until trial he was consistent up until trial that he never identified johnny green is the shooter it was just a piece of paper as witnessed by the detectives are reported but he himself signed yesterday but five or similar one joy green had in the vicinity of the shooting there was also five to ten minutes after he said so a couple blocks away from the shooting it's not till that many of ten minutes later there is a car leaving the scene which would have been after