court counsel the issue i'd like to talk about today is the district court knowing mr moore is motion for judgment of acquittal as a count two of the indictment no admissible evidence supported the government's been entered there just a lot of evidentiary problems with this case for example why it's died nine hours after his last heroin use that alone calls into question whether or not the government met there but for causation element there was trial evidence that weiss use a combination of drugs in the hours before his death not just here want to use other drugs the investigators failed to draw  weiss's blood or urine timely and failed to request additional toxicology tests for other possible causes of death such as other drugs found in his system weiss's mother found scientifically impossible that weiss was killed by that heroin it was scientifically impossible the wife was killed by her and one of the government failed to provide evidence that other cause of death  investigated and determined not to be the cause of wife's death so there are serious problems here with the government meaning the but for causation element of a forty one b one c the government did not evidence contrary to the evidence that your client provided the heroin that he that he took i mean what's the evidence that somebody else provided that here well there was there was evidence that there was evidence that he was a heroin user so we don't know whether or not he used other other heroin but the there was also cocaine right there was evidence that he would use cocaine that night as well right i just i just want to back up to the idea that that somebody they got the heroin somebody from somewhere else we know the government put on evidence that he received heroin from your client so what's the evidence other than he was a habitual user that he got it also from another dealer i don't recall any direct evidence they got heroin from another dealer but we do know that that he was a heroin user and there's no evidence that the heroin the evidence says when you look at the evidence that the when that my guy gave to somebody else that supposedly gave to him the evidence is that he didn't use that with the nine hours of his death right i mean if you're the jury found apparently that he did i mean don't we have to take the facts in the light most favorable to the jury verdict yes you do your honor but but i submit to the court that this case is so weak that it i don't think it should have gone to a jury it's bad i mean they or a couple of cases the crew that we side to the krieger case and the burj case we believe the government did not meet its burden of proof similar to the prosecution krieger and it it it failed to establish the narrowed requirements the bird the birds case the supreme court case requires so that the government was required to prove that in the absence of our client's conduct that the decision would have died would not or that he would have would not have died and i submit to the court that when you review this record as a whole they just can't get there  it's really weak contemporaneous with the time of death all a parent says is that the heroin could be and combination with other drugs it just has to be that and using the court's language the heroin was the straw that broke the camel's back and that's what the testimony was i'd i'd submit because i don't believe that that's consistent with the testimony in the facts in that there is really no evidence that he used here one within nine hours of his death and usually here one is a fast acting drug that kills fairly immediately usually within an hour of the use that the latest so here w something that typically kills immediately or within the hour and there's no evidence here that he used here when with the nine hours of his death i submit the court that when you look at the facts of this case and the evidence that this  n had to have died something other from something else besides their heroin that are part so the somebody else was apparently made its way onto him but you agree that the government expert andrews said that heroin good because it i thought she said that absent the heroin he when that died and that's the test right now i think they have to be they have to prove that that was the cause of death yes she testified  fifty three  of course we know that he had also spent the previous week in california with his family exhibiting signs of withdrawal and dr andrews observations during the autopsy the swollen brain from lack of oxygen  wet and heavy longs and the tilt aspiration pneumonia were all consistent with those where heart rate breathing rate and blood pressure decrease and the person's ability to protect their airway compromised now compare that to an autopsy for cocaine where dr andrews testified there's just not much to see because it's a very different type of death where your heart is racing defendant's argument at trial that last use of heroin was at eleven pm we know that he's already dead by the time his mom checked on him at seven thirty in the morning and that was an hour before the official pronounc nearly eight years before oh you want to testify that he and cameron went to a tony martinez his house after using heroin for the last time in the open parking lot they stayed there for around twenty minutes and he and when martinez testified that cody rondo and cameron came over around midnight he also testified that he went to bed at around three am and it wasn't that long after cameron came over so the jury heard evidence that the timeline from cameras last use of heroin in the open parking lot to him going to martinez is house going home and then passing away was likely much sure tha well so we've got we've got possibly taking evidence most favorable to the government we have that he came home at three hundred and thirty taking evidence most favorable to the government we have the father saying he heard moaning at some period of time in there i don't know what that time mo moment was and then we have the mother finally you get at seven hundred and thirty when did the father hear the moment sometime between have about one and a half hours with all the evidence in princes from the government we have one and a half hours elapsed after the heroin and he was still from the taking of the heroin to the dead not quite because cody rondo testified that the last time they used heroin was in the whole foods parking lot and we know that that was before they went to martinez's house when  when was that so that's the question we don't we don't precisely know but we if you back out the testimony where cody rando testified they were marking his house for about twenty minutes martin testified on one hand he testified that they got there around midnight but on the other hand he testified that he went to bed at three in the morning and that wasn't that long after cameron came over it's entirely possible that cameron and believe what he testifies that in his practice he would see some cases where a person die right away from a heroin overdose actually with a needle and there are the most common way was where an individual get sleepy they start to lose consciousness they slip into a reason she gave was heroin metabolizes into i think six and i am which then would have a license into more feet in the body morphine can stay article logically active in the body for several hours that our review here is beyond reasonable doubt is there evidence most favorable to the government beyond any reasonable doubt the jury could have convicted so yes we have you have all reasonable inferences to the government but we have to but we are bound by the evidence in the record and it looks to me like taking all inferences from the government we have two and a half hours ringback gap so then i have to ask myself is there any gap between the time of teaching the hair and the time dying and is that point that i just don't see any evidence on if there is no evidence then even though we give all inferences to the government i am troubled by and there is evidence and she further testified that we got to get up to two and a half hours taking everything most favorable to the government right away i'm just not sure that i see any evidence by the government to that effect she specifically testified that when heroin metabolizes ultimately into morphine and morphine will stay pharmacologically acted in the body for several hours but can you be more precise when i'm or recollecting as she spoke about half lives and that she said or is there a certain amount of time after during that whole process where you have escaped that danger even though it's still active in your body i'm not sure that that's clear from her testimony rather but the fact that the morphine can stay  logically active in the body for several hours that is something she testified to and to the extent that we know morphine had the depressant to act and all of the other evidence is consistent with cameron wife dying from a from that depressing effect the aspiration to the moment every edema to the observations of everyone who was with him that evening it's all consistent with death from heroin use from a heroin overdose you know i my all my hearing that be is that we have to we have to somehow decide whether there is any evidence and all inferences that could support a juror saying i think that's probably clearly established on the record they could be issue is what the arab i'm wearing where did it come from now there's evidence that you couldn't stash any of his own but that's but but the negative isn't what the government asked to prove three more that night and used it when he got back to his house there was nothing to negate that that inference that are left to go beyond reasonable doubt can the government sa in the affirmative the cody rondo testified they obtained that hair when it was the only hair when they used that night and that he was with cody was with cameron all night from the time they painted use that here when through being at antonio martinez his for him to go get more heroin now whether he has any money he's trading an amp for the day before and then again someone else had the money this time and i don't think he had any anyway to obtain that care when he didn't have a ride  and i'm just troubled that there's a gap that the government really hasn't closed here there are i think the investigating agents in this case went to great lengths to prove the case so that we could present it to the jury that we did present a case on which the jury could find beyond a reasonable doubt that raymond moyer distributed the hair when it resulted in cameron weiss says that the agents interviewed cody rondo about his time with cameron wife that night he found joseph dyson interviewed him we put him on the stand to testify about him obtaining their one program there was no other heroin that narrowing and kept it in his pocket julie got home my recollection of the rondo's testimony is that they use all the heroin that night and mr peter testified he's the one to use drugs with cameron the night before that thursday night august th he specifically testified he didn't save drugs for later they were users that use what they have and i think that's consistent with the idea that cameron didn't have a whole lot of disposable income just phillips noted he had to sell it traders families and to to get heroin week before so they used what they had and that's what cody testified to and that would the heroin from raymond more on august th into the early morning heroin from way off for himself and he purchased point two grams for rondo and wastes they use some of the heroin from around one point eight grams and then dyson left with house is and this would be before weiss returned home and so very is this gap in time that remains and even though dr low fare concluded read it and neither dr andrews nor dr away could state how much time beyond an hour death could still result from this use of heroin there was no parameters on that so they neither of them testified that death could occur whether we're going with two and a half hours or where the last time that rondout tests fight they use heroin which heroin before going to mr martinez house and that was before midnight that is what the testimony is that mr pronk can made the conjecture that martinez said he went to bed before three and that rhonda returned to his house around three and he's saying that they could have been at his house before that around two or three but that is not with the testimon i mean from all the different testimony though you could infer that i mean there's lots of testimony that fits to everybody's timeline seems difference in this case as far as the witnesses and you know giving giving everybody some latitude based on the fact that they all appeared to be using drugs that night it could have been later than the one th how even in his e r practice when people came in and he were overdosing on heroin he would he would give them something to reverse it but make them stay you for a while just in case it didn't immediately take effect because he thought that there could be some situations where the effects lasted in excess of the hour he did testify to that i am but he sat and this in this case you know when you're when he took them mount tolerance at the time in that weiss had been in detox during his time in jail but he had also been doing drugs the night prior so his tolerance very