i believe he did say that when he was questioning a witness that he was not any evidence of that did not stipulate to that element and they made a motion for directed verdict which is argued strenuously for the trial court took a break to research the person the autopsy was performed on was monica and they had a witness to testify that she was once alive and they had a witness testify that there was a funeral or but no one identified her in identifying autopsy photos that in order to identify her in person at the coroner's office or at the scene and any of the d n a collected on that none of that was shown to be monica tina and that is it's an essential element of the state at all of that effort yes and they chose for whatever reason not to put it on the second issue is that the evidence here was just as consistent with a suicide as it was  wrist no evidence that her arms were too short for this to happen or that this would be impossible it was only two feet from the trigger to the bear and there is a lot of evidence that she was suicidal or if irrational and it's not the most rational thing to shoot yourself anyway but again there was no evidence that it was impossible and there is a lot of evidence introduced that the family more reported her missing is suicidal she had promised her girlfriend that she wouldn't harm herself she had financial problems i just lost her job and that evidence was just as consistent with suicide as it was with homicide she put the issue is about the lab that the d n a screening reports or the lab reports recreating them and not telling anybody and the defendant not finding out about that until the trial that already happened  never informed of any that he made decisions based on the recreated notes that were ten here including to have a bench trial course of a jury trial and that these notes were dead and i believe trial counsel stayed at the time it would matter how long  they didn't form the state or the defense or put in the record any she just got on the witness stand and said oh we lost these notes and i have recreated them no one has ever informed of that until she was on the witness stand and here there was a total lack of that the state in their response that it was waived by trial counsel objected to this specifically it was argued in the motion for new trial there was no surprise at the motion for the new trial and it was that it was in the same condition as the when it first got there as with the shotgun it was going to attempt of sweet someone took it out and placed on a washing machine within ten feet of where the autopsy of a bloody corpse was being done and there were other materials at home in clothes from the deceit and there were on that washing machine so the risk of contamination was real and there is nothing to show what condition was what it was in what was brought there where they did anything at across examination defense counsel last minute when was the last time you had spoken demonic of prior to finding out that her body was discovered in the trunk must it defense counsel ask other questions indicating that the deceased was monica and the people were members of monica's family on the scene at the time that the vehicle trunk was opened and they described the tattoos to police officers and from those descriptions the officers made a preliminary identification of the body as monica t referred to the body found in the mustang which was the subject of the autopsy as monica timor in closing argument defense counsel argued that monica committed suicide as a trial defense counsel clearly  a suicide soon as being suicidal rather because she's thirty six year old woman and they knew that the police would wait before searching for her they don't immediately go out like they would for a child and they had concerns that something had happened to her so that's what they reported as a potential you know that she was suicid and monica's brother in law also testified that they had no concerns as she was who was suicidal in this color was her was dating running at the time she also testified that she had no concerns that one group will try to commit everybody went through an extended process of reviewing your originals compared to the recreated notes and then the trial just offered defense counsel the opportunity to for convince a nearest i would disagree with it argued because if he did go ahead and request a continuance he could then review all those notes come back and cross examine that witness regarding all those notes he had the opportunity to do that if he felt that there was to challenge the chain of custody about the suicide yes miss the girlfriend of misty maher said oh we just reported her suicidal people would look for but she also had text messages from the girlfriends meeting you promised your mother you would not purchase she testif this case has been going on for six years they had already established a strategy and then this would mean this is one of the last witnesses at the trial a party crossing daman they've already laid out their theory of defense and they wrote they can cross examine or appoint a inconsistency between these two sets of males i don't know if it continued as they said it contains a but we among the year if it would have changed anything they had already made all of their decisions in two thirty and about the case and having an extra week i don't know that would have changed anything and they were about the point out differences in these knows including that d n a evidence was commingled the detective asked the lab not to perform certain tests there was diagrams of where this blood w it damages have already been done and even if they got an extra couple of days it wouldn't change the fact that these notes show that there are real problems at this lab and that this evidence should not be admissible and there is nothing there shotgun but they are needed at trial it was extensively are going in the motion for a new trial the state never said over surprised by this everybody knew exactly what they were talking about with the chain of custody