right our fourth case for this morning is united states against  that the government elicited by its own prodding there hadn't been any testimony earlier on to suggest it was whether or not that the reason why that being fearful would be the type of thing perhaps that may offer an explanation for individuals whining to federal investigators however in this particular case mr conway testify to it specifically need to look at the impact it had on the proceedings as a whole it's not something that's the labored there is quite a bit about this evidence it really boils down to one thing what does the jury think was that during that minute and six seconds or whatever the phone call lies right if they decided firstly to your client well i understand in the abstract that's true however i think that the two issues that i raised whether individually or collectively i think helped to demonstrate that the problem in the government's attempt to secure a conviction this case they utilize two things that are not  one is the offering of the taint that coleman was somehow dangerous or police were dangerous or you testified against leaks or bad guys i guess is maybe your your theory but we don't we don't know what the effect it had on the on the jury and that's and that's probably the concern that we have here is that for all we know that taint could not have been set aside that bell could not have been on the wrong and i test was talking earlier about all the testimony that had preceded that testimony that he was scared the jury could infer that maybe there's something that we're not going to hear about maybe there's something that conway knew about but he's not testifying about it and that's a that's a that's an enormous concern for granted only able to respond to the evidence for put on the best case that they possibly can and so that's why we believe in the context you know did move and there was a motion for a new trial that there was no done no service to this client that would have been a disservice to raising review and give conway an opportunity to explain away this government a list of testimony and so i want to go to the second  the argument that we make that the government when it was questioning mr conway was asking him questions about something that it already knew and held to be true because there was no indicate and the records of his cell phone there's no such call right and in fact conway then testifies about how he's confronted with the records and that the records don't indicate that but then the government asked and then follows up on coleman was correctly convicted for obstructing justice and attempting to tip off the targets of this investigation so that phone call and you're focusing on what led up to that phone call and i'm just saying the phone call you stance in context  i want to get back to your honor's statement about what followed so what we know from the records and we know from connally's testimony is that he then reached out to davis after right we don't know we don't know with the exception of the fact conway testified to that that that's in fact what happened what we know is that there was a communication between conway and coleman coleman testified that the reason for that conversation was to discuss it  i get together that was coming out on the upcoming sunday for father's day and so conway's the only person that that that and it's the person who's trying to tie what happened with a conversation with coleman to his conversation with dave now why does that matter what it matters because again the credibility of conway is of paramount importance points in this case and so we've got the issue related to his suppose coleman but then we have this issue with him saying that right after i talk to him and because i talk i talk to him i'm reaching out to davis but then davis isn't you recorded is saying that the warning came from homie on the task force and who else would that be i don't know there is no evidence in this case that every other person that existed on the on the task force had been discussed and vetted and couldn't have known any the arrest warrants that they didn't want him to be in contact with someone going over to indiana right right right because they did it for his own benefit of not people knowing he was involved but beyond that they knew he was aware of people that were being investigated and that wasn't a concern but the record is absent of the fact of whether or not there was anybody else that was on the task force that may have known or did in fact know relationship with davis and conway it was certainly remote in the sense that there is very limited communications between them here something everybody testified to that and so all of this plays that is important because the idea that ronald coleman who has no prior problems of any kind is going to reach out to somebody whom he knows for the sole purpose of letting someone else who he barely knows and hasn't communicated with so that he can alert them to an investigation two words being served it matters so much the credibility the person who is the knowledged his prior inconsistent statements to the f b i and provided a very brief explanation as to why he did that and in particular here this testimony was plainly relevant conway's quote credibility was an issue throughout the trial fact that conway was not initially truthful and in the follow up to that he acknowledges that he was not and he's asked why weren't you completely truthful he first says a lot of trying to protect myself i was trying to protect some people  brevity of the testimony here and the fact that it was not revisited in fact there was an objection not in real time not later at sidebar there was no request for instruction to disregard it and it wasn't expressed raised on post trial briefing other suggest there really assess all of the factors that relate to our own witnesses credibility and so i think throughout the course of the trial this information is likely to come out in some form or fashion in the event of some governments friday yeah so what about this this phone call it is a little disturbing because you would have thought that the coleman was trying to protect the people running this big drug operation he would have been the initiator of the call to somebody to conway someone let's say the con call between coleman conway in which coleman disclosed the facts of this ongoing investigation and told conway toward his cousin davis that they were going to search ten to twelve houses cut it out clean up the cetera there's no dispute that that all happened on a phone call that was made by conway to call right that's right however i don't know why is why is conway doing that and doesn't that make the whole story sound a little i don't the record  erday in the record as to why conley is that he was contacted while he was at work by telephone by an unknown woman the testimony does not specify that he was contacted on his cell phone and we also agree and acknowledge that this is all and that at trial that that phone call from an unknown woman is not on his cell phone records right as the government suggested a trial it's possible that that call came in on the school telephone where conway worked was there any evidence that there were other burner phones floating around or any other there nothing like that in the record however i do think and your honor touched on this earlier that it ultimately doesn't matter that much what triggered that contact between coleman and conway who called who or what what the heroin and everything you would need to sell those drugs on the street so it's circle back to your question i don't think that the trigger here as to why they got in touch alternately affected the judgment of the jury there's no evidence to suggest that it would have explains away why there was later conversation on wayne davis one can imagine any number of circumstances where based on the way the conversation or communications go from the agency to to conway i don't know whether that's true or not true because there they don't go into detail about the specifics of the conversations that took place between conway and the in the agent and there's no there's no reported it's not a cult way that we can look at the line by line however that that is at least  explanation another explanation as to why it's so important that this testimony in the manner in which it was a list of that we just think that it was a dial up is fair trial and six and run it and we request that th