of investigation here it was determined by the defense that mr dozen people should be called as witnesses procedures were followed we filed the will seventeen request got the subpoena issued and had it properly served i think that's reflected in the record and mr dust people did not appear when it came time for us to close our case that is the defense judge had requested that we call the next  witness we tried to explain that he wasn't available and were essentially forced to rest our case on the heels of that the very next morning morning to clarify the record further we asked for some more time in the actually in some ways that happens in the weeks sort of way i think mr crawford when he testified he tried the late lane at the feet of mr just people but for reasons that were apparent in the cases at least that were discussed in the continuous motion we felt and i am particularly phil this counsel that without a direct authorization from the court argue that point that you really shouldn't do this that was the purpose in part of the request for the continuance send a missing someone that you don't even really know if you could comment well i haven't found him number one and then it would seem to me that you know what he was going to say you know someone like this is always you never know that they're going to say what you think that they're going to say because there's and he would certainly seem tat i have just the memory rights not to come then and take all the blame from your client well and then started them respectfully around and we did find blame or assign blame as between two individuals both of whom we have some evidence or involved in this incident that that's kind of sewage in arusha i think in this whole mix here so to are agreeing with that but i think this is just a little bit different it's just a little to few years and on that score if the witnessing witness instruction turns out to be a problem we have the alternative request for the continuance there really was no reason not to go ahead and grant that relief well i think that the reason if i can pay the tab tab here instead was made in the middle of trial and not before the trial started place and the f b i said actually pretty good up there that the agents who know him and we figured he might be able to be picked up in just summarily brought down but when after we were forced to rest our case that very next morning early we we could have taken a couple of extra days to find mr just of all to bring him down to put him on the witness stand thank you thank you ver when we get into the situation counsel indicates to the court that he was forced to rest if you actually look at the transcript three twenty five at the very close of the case at the close of the defense case mr do him clearly there was no abuse of discretion by judge had he protected the record i impeccably the burden was on the defendant from the get go to establish that dusty people would have provided favorable testimony on his behalf i indicated there's one more witness and i don't do so by name and i i don't suggest in front of the jury that he has not appeared in fact i don't think there was any way for the jury to know that except maybe for the off speculation