on the relationship he did not that was one of the points that we make about that hearing is that defense counsel is not to say much you're very very little about things that his attorney wasn't doing that were unrelated to this case for example he wasn't making sure that his children were coming to visit him then he was not dealing with a twenty to fifty five case that was a separate case that with counsel there i mean you say he's not represented and i know the pragmatic reference you're making but he is there with counsel what case supports your claim that the judge on the obligation to  record shows that there was entrapment  person rizana at the prison there talking past each other mr herman initially says i don't know what you're talking about and there are  this court should not overturn this jury verdict focusing st on the issue of predisposition there is significant evidence of the defendant's predisposition to commit the crime of murder for hire as it pertains dating a different man he was angry with her there's also a predisposition evidence that was admitted before the court to the jury the defendant's criminal history which was replete with violent towards his then wife or girlfriend who then became a sex wife the violence and wanting to hurt her is something that he had done for years and years and that evidence was properly admitted before the jury and then the jury entirety to the jury the defendant initiated ready each of those calls because he was in prison the defendant agreed that the undercover agent should come meet with him in person in the prison initially says he doesn't know what they're there to talk about because as you can hear in the evidence he's paranoid he had experience with law enforcement or he fears that he may be dealing with law enforcement the undercover agent he's wired or wearing a wire agent shows he's not as paranoid and using this coded language that they've been using all along on telephone calls and on about could focus a camera on audio on him and the audio was actually captured by mike that the agent was wearing just didn't show that particular location to the defendant when asked about it but at the end of this conversation the defendant clearly knows what's going on he's not talking about buying properties and demolishing them he talks about doing it in the minivan way which was discussed making it look like an accident involving the minivan catching on fire and then shooting two individuals and one killed they talking code language for much of it there are moments in there that you can tell the defendant knows exactly what they're talking about and there's no doubt about it and then following this in person meeting the defendant again initiated contact with the undercover by calling him and one of those calls and asks the defendant to have the undercover agent excuse me to have it recorded clearly indicating he wants the death of his wife and her boyfriend ex wife and her boyfriend to be recorded but the evidence was more than sufficient for the jury and this court should not overturn that entrapment issue briefly to the motion for new counsel the defendant made two motions for counsel one in october th and one approximately five days and the defendant's concerns at this court noted many of those concerns were unrelated to the criminal trial the ones that were related to the criminal trial were tactical decision witnesses to interview evidence to gather  court judge i believe both of them said there is no attorney they would rather have representing them in a criminal matter in our district than this attorney but beyond that multiple motion he sought and successfully received to the en don't recall how many exhibit most of their exhibits were snippets from the recorded phone calls the government had admitted the defense attorney went through and smoothed out the parts he thought were best for his client and admitted those separately for use his case wanted irrelevant trial he wanted the defense attorney to contact people from decades ago and would not have the information of this trial and their testimony would not have been allowed anyway  didn't read the motion actually read into the record during the hearing and he also indicated he'd gone back and listened to d the recordings from the october hearing on the st motion so the judge was well aware of what issues defendant had with his attorney and as far as the defense attorney not speaking in either of these hearings in any great length it's actually discussed in the january hearing the defense attorney generally does not speak during the hearings for new counsel because he doesn't want to do anything to prejudice is client so what he did not say anything during the hearing by design and order supportive  time your honor this is the defendant he actually had represented himself as prior trial off and on and he ended up representing himself or sentencing i believe judge roberts the magistrate judge in the october hearing may have  the topic of representation briefly i don't believe that came up at all in the january hearing in the in the january hearing mr herman the new counsel what else what other relief did i do not have one a cup in my head i can certainly look into it and provide a follow up letter to the court his concerns more thoroughly his st motion for a new trial he said should have been called would have provided testimony that the communication with the undercover agent was about  the court would have brought that information oh oh this mr taylor at the very beginning of the final hearing of his motion shortly before trial i think the judge open the hearing by asking if he had general statement didn't allow mr herrmann saying anything didn't ask you many questions you simply said well i don't see anything here we're going to go to trial well i think that in the court of title to infer that this is this is a de facto eve of trial continuance request because that and that is a practical matter what it was that that's certainly inferred you are yet because if you've got a new attorney i'm sure that there would have been justification for continu