good morning your honor is james andre goals i represent the appellant and the plaintiffs in this case that's dr mattoon the first thing i would point out to the court is a quote  and he told them that he had been to the opposition did not have a job there was not working there was not collecting a paycheck there and that he had been only to the office for the purpose of signing that location while he was off he had two other doctors and we go back to harrison that's one of the things that i think that it's not quite clear but what happened with harrison is she wasn't clear which of the be accused by four different people and judge hagen sets he said somewhat inconsistent certainly inconsistent some inconsistency and then smits that all he was comey and check the mail that sort of thing so it's clearly not what smith told mr kiil so we don't have just one inconsistency we do not have a problem with recollection we have someone who is for all intent or on the surface of it he is a qualified investigator who takes no pain whatsoever to record anything not or no there's no notes produced there's no recording produce and there's no written statement by any of these people who all come back later three years later and say no that's not what i told them and that is not what happened your position on that what about the paperwork that was also corporate head and he came in and he signed the documents but clearly what keil had at his to be discovered that the hat that he had heard from everyone was that dr meant to me was not the treating doctor excuse me what keil failed to do as a cop no i don't say confident because i don't think either incompetent what he did here was designed to produce a result here and that is the arrest of somebody who was going to make him look good but what he did was he or what he failed to do by choice is to find any records that shows shows any money trail to  and in fact there were two other doctors working there who were being paid and there's no evidence and he knew that and it's clear on the record that there was never any evidence that dr mattoon had a job or was being paid now we can believe that this detective who finds allegedly find three competent witnesses and goes to a judge robi willis with that and gets a warrant did was just mistaken or didn't the doctor and in this case he signed it is the head of the corporation because that's who they had come to be treated by by that particular corporation who in fact was employing two other doctor testimony she first she says that pauline that he never took over for another doctor and treated her that on cross examination she says i don't remember for sure who saw me i can't remember when i was well your honor she indicated that she didn't know who had seen her in kilos statement or as is requests for war a judge well us he said that she had been treated and that's not in fact what occurred that there it was uncontroverted that he had not treated her she did not recall who had treated her and what happened in this particular case is keil came up with what he needed which was three witnesses that later stated that's not what they told him and those were not the facts and doctor told him that all still and that beyond that there could not have ever been a charge issued against dr mattoon because there's no evidence that he ever had a job or received any pay and that's the information that he ha because as a result we don't know what was your honor i agree wholeheartedly had this been recorded and perhaps more notes taken and we wouldn't be here today but  but there is still a competent evidence or if not substantial evidence in this case that shows that dr mattoon cannot make a substantial showing of a false statement or reckless disregard for of the truth all and and or he can show that such statements were material to the finding of probable cause under the her did an adequate job of pointing to the record in this point of the evidence and when you excised the statements out what was left what was left you had a statement of  counsel show me where on any of these forums dr blix says he was the treating physician i cannot show you that ok but then we have to assume that that's not the case and that therefore the written documentation standing along with thought of the staff was probable i would reserve respectfully disagree in that i believe that there are very material representations his signatures on these documents both an investigator brought to a magistrate simply the document and that these documents establish that look to treat as these people during a period of time he was claiming and receiving disability benefit arrest for so that's your position that's not all he had your honor i understand that but your argument leading into this was that well we don't have to rely just on the witness but in her deposition she says that he never took over for another doctor and he never treated her after he was injured how do you square those two ok and squaring that you have to take it and i would submit that you i would say given the time frames involved your honor we can't get a positive or an affirmation from the patient from her test the state of mind the boree and even the credibility of these people and feels credibility would be up to a trier of fact however before you get to the tri your honor and maybe it's from where i'm standing but again i would respectfully disagree there are inconsistent this isn't the first time a witness may have gone sideways stamped with the signature of dr mattoon and i'm speaking of the records where we talked about his signature as the physician or the corporate head whatever but i think i believe the i know the record mentions that that these there was a stamp used and it was in dr mattoon is testimony in the x server excerpt of record i apologize that just occurred to me and i don't have that in my notes exactly where that stated but most importantly here your honour's is judge had been told the truth about this case is that things were not correct statements in his report judge roby wallace never would have issued this arrest warrant and we wouldn't be here today and if they had been the first thing an officer kno