in in a few cases the police officer does not see who was driving the vehicle now this does not automatically require a reversal as evident in a few cases but there is one important fact that distinguishes this wall first because it's simply didn't make the prosecution's theory any more probable than the defense theory of course the defense theory was that the defendant sister young was the actual driver the defendant agreed to take the fall for her because her sister did not have found driver's license and so if the defendant had agreed to take the blame then you wouldn't you wouldn't expect these other people to contradict her right when the police are there and step young hands the keys to the defendant and the defendant really hands them over to the police officer so the testimony is that the defendant originally did not have the keys and so because of that it actually hurts the defendant state corroboration i mean isn't graduation usually from something perhaps i don't sign out of when it's coming from the defendant yes and from i would think that i would say that the handing the keys would not be th that it is not independent corroboration the sort of ownership of the vehicle there is no proof of title rape and so you agree with justice forgot the keys that i am sure he would constitutes independent evidence i don't believe simply just take one half of her sentence and then totally disregard together as a sentence when there's really no reason not if one is to believe there's no reason not to believe the other part of her statements so in this case i don't think that they can just completely reject her i'm contradicting testimony that she had keys when they arrived at the police or at the gas that's what's really distinguishes this case and in fact in my research i've only found one case where the defendant was not alone and that's people v foster and in foster the conviction was reversed and that is what should be done in this case as well and there's three things that i'm like to point out today for why it was closely balanced on this issue and all of these three reasons sort of tie back into the purposes of the four thirty one and first as you just got done talking about the real only evidence of the offense driving was her statement so on one hand you have defended statement at the scene on the other hand we have you on the steps to moria trial so it's up to the jury to decide between those but it's is independent the question is whether it's didn't think so either didn't know from the jury and i i don't know what can be or can be inferred from the note from the jury we don't know whether it was from all the jury from one member of the jury  as to the issue of whether or not the evidence was closely balanced it's important to note that this is not the same standard as a reasonable doubt challenge that is does it have to be taking the light most favorable to the prosecution it's a it's jury no that was sent went to the exact issue that these four thirty one to be against the principles of questions would have gone to him so that the evidence was closely balanced on that issue turning to moment for the into the first issue opposing counsel argue that the defendant never changed her statement and that the defendant made it her second statement considered be bootstrap say and that's simply not why we have it has to like that world to call corpus the left out rule is in place because there is a mistrust of extra judicial confessions and so independent evidence is needed and because of that the defendant saying that she only car and the defendant never saying that she wasn't the driver do not corroborate your statement and if if you look at the facts in this case the only change the defendant would have had to change your statement before the trial was when she was at the police station but when she was at the police station her sister was awful because she wasn't being or arrested but she was in the lobby waiting for her so if the defendant had changed her statement there this would have gone her statements and for these reasons again