the whole case no one no one no witnesses not even the victim himself testified to the fact that mr ray field used a weapon in this off occasion and imo start with the victim himself the victim himself only indicated that he looked like he may have had something in his hand going the r t casing but he was unsure whether or not anything happened he also testified to the fact that the late they'll hit hit him with again i'm saying that the opportunity led to ten seconds he failed back into the room and he and more than likely he indicated that he hit up against something but he don't know where his injuries came from the government challenging one element of the conviction on count one which is that he has a dangerous weapon commit in the assault he's not challenging the convictions on count two which is that he possessed government exhibit a on september st or doing st off is that again mr bailey has kind of a myopic view of the evidence here mr dealey while he could not say he could not identify the entirety of government exhibit a which the government alleged was the weapon that was used during the assault he did say that he saw something and i'm quoting him something shaped like a tip a from thing like a triangle shape that was great in color that was consistent with the weapon and he was able to identify the tip of government exhibit a of what the weapon or as what he saw being used by mr  i wanted to point out there was a video mr bailey continues to say the video with inconclusive that a weapon was used there was also testimony by mr dilley and that was corroborated by a correctional officer shoot is in the th of the person who shall he went into after a be immediately after the assault and before there was any chance for him to get rid of any weapon he went to mr fictious out and asked mr phillips to put up th me and then he said i don't want anything to do with it so i called up marcus spragg and that was the other person who testified at the trial and mr spragg and said government exhibit eight that is the weapons that i took from mr fips and i hid in the laundry room and mr steps told me later that was the weapon that mr lay filled used mr daly in and most importantly and what question we would also point to his injury mr daley testified that he had not he did not cut a hit is he and his arm on anything in his farewell that would have caused the injury that he suffered and i quoted a picture of that injury in the brief you know manner and he also said that because of the way that they were position in the south that if he would have hit his arm or anything it would have been his other arm so i think that's very very important is the testimony of the nurse excuse me nurse brown who said that it was likely that the injury that he sustained this this cut that was one point two five inches long and point twenty five inches p would have been caused by striking it against an object such as a locker unless it was an i'm quoting an exceptionally sharp object or there wound was located or over a bump bony prominence and it was not located over by bony prominent he said because where was located it was quote an impact on soft tissue would normally normally absorb impact in quote he said it could and then he when shown government exhibit a he testified that government exhibit eight could have caused the injury to dillies arm it's also important to note that a mediately after the assault when the street billy was taken from his cessna he told the person who was true v m nurse brown that he had been attacked by marcus bragg and by the way the reason they were not shown to marcus bragg and was adequately explained by officer shoot because they had absolutely nothing but the description that was given by officer shoot testified that these other weapons were big nails and they had nothing on them there was no rubber no no white pieces on them no weather being and he said that they had nothing on them that appeared to be blood on it he also indicated that the reason he did not put the other to wrap is any found in a report is because he was not going to put weapons on mr lay so that w not relevant to the investigation and finally the jury was aware again of the d n i that there was d n a testing that technique there include not exclude either the victim or mr mayfield and that there were no fingerprints suitable for comparison found on the knife not that there were no fingerprints on the knife but that there were no fingerprints suitable for comparison again you know this jury was uniquely qualified to weigh the alleged discrepancies or sh shortcomings and the evidence against each other and ample evidence of the defendant's guilt determine the relative importance of the evidence to its verdict and we just conclusion this is something that the that the defendant has asking this court to really weigh the evidence and ignore the jury's credibility findings and we are asking the we're asking the court not to to to respect what the jury the jury's decision n had a a weapon at all and for this or specially investigated to find three knives and going three and only bring one night took the witness the exact witness who fear that i've never never saw the fi but there was no plea to parents and the government talks about whether that was the only one to have blew it all in a blow comes back to no one if the court will look at those pictures and see how much below them was there that should have been some type of evidence whether there was looting the room none of them did it a pointed question there was a two so there was no other circumstantial evidence to offset if they would have went into that room maybe we would have something different