young this is a criminal case that turns almost entirely on the credibility of the complaining witness in the case and i'm certainly attorney general will take issue with that but i think that a careful review of the evidence bears it but i have some questions about that and you know the facts i don't need both of them yes she was found lying on the ground with and standing over she was screaming and yelling you could hear it on the nine eleven tape the neighbor calls up and says something terrible is happening out there and there's a ton of contemporary not witnessed by anybody it's only mr young and and i don't i do you stand up and and take a look at the end of the evening that she was drunk and throwing up and this guy's got her clothes off on the ground outside in public at which everything in yelling would point at which point he stops and is standing there doing nothing when the police arrive that and that's the only point your honor that i can get where i can talk about argument seems to be correct if he even the inquiry as to whether or not you know black or civil lawyer purportedly or or allegedly overwhelming evidence that first jury didn't find it overwhelming apparently and i understand that there the argument will be well there may have been other differences there may not but that overwhelming evidence that you just cited was in the case and incidentally some of the evidence that is corroborated by others prior to that point this is not a terribly significant one but they're at a karaoke bar where there are  glasses well the testimony of not only not not only the statement of young but the testimony of mr long and independent witnesses there is that in fact she had a fit and through and picked up and through glasses apparently in response agrees that it is favorable evidence i don't think it's anybody would would seriously dispute that the attorney general has arguably favorable it clearly was favorable i think the chronology is significant i'll take as a very brief time  and she gets she the civil attorney gets a letter in response from the prosecutor yeah here's the police report by the way if you if this witness were to get innocent if his sin is to testify before the prosecution that's going to be a problem for her credibility so what does that what does that mean well that's coaching that's collusion that is let's not let this come out because we don't want relevant evidence to get in front of the jury that  civil suit the clear inference being that this was held back until she was off the stand at which point she thought she could escape and attack on the basis of credibility it's still before after the verdicts come in on october thirteenth but before sentencing in november again the civil attorney contacts the prosecutor asked for some information about the docket and so forth more information about the case at this point it's got to be absolutely the first time around if that was all in front of the first jury there are three other things that the prosecutor does in this case the prosecutor moves to admit his evidence from an expert to bolster essentially the testimony of the complaining witness to have an expert come on and say yes not only is conduct you know kind of a life he has facts or lack of bath fact that can be consistent in general terms with post traumatic stress syndrome or rape promise and drum goes farther than that and says that yeah i saw her on the stand and everything i heard her demeanor her aspect is absolutely consistent with somebody who's been traumatized in this way who's been raped or there who who has been a victim of  rape and attempted to pump up the credibility of this witness there's an attempt by the prosecutor to keep out the folk that is that is called affairs of the heart which was emitted incidentally at the first trial  half rejecting well if you read the statement by mr young it is a an account whereby he says at some points in his sin is inviting my advances we've already gotten we've gotten  would i wouldn't i would submit that everything that comes before that point is relevant to his state of mind i mean if he is continuing an assault at the time that the the police arrive and she's screaming i would grant you that would be with with the fact that there is in this record that you know the material on the other side and if there are statements of no and so for the not saying that all what i'm saying is that the that the the the encounter throughout the evening even some of it of can't please the court police actually on the respondent i'm first of all the issue before the state court was that there that he gets relief was not available in less favorable evidence that the whole case think the prosecutors have a duty to any close tastes to turn things over i would agree with that however in this case simply wasn't what's real and i know that in the  looked out the window saw a man standing in the car saw someone laying on the ground will call nine one one the screaming continued during the nine one one call it was heard by the nine one one dispatcher he then was told to stay on the line by the nine one one just  she screamed and he told her not to scream that she would stop screaming because he touched her he would start she would start screaming he says that chinese women need to be home to their very very instruction klyde to the to the charges of her being too intoxicated there was even further argument by counsel then the jury goes back and they can't they've now disagree after the i and i don't want to appear to be piling on but i just wanted to pick up with what judge tried said i mean i hope i hope that the that the principle that emerges from this kind of argument isn't that it's ok for a prosecutor to make a  decision that is not material in this case again we again submit that it was material i won't beat a dead horse and say yeah that the evidence at the first trial on every piece of evidence was that it's been deemed overwhelming in the second trial was it introduced at the first trial i heard counsel talk about well there was an instructional conference that there was if there were questions about this in involuntary intoxication and so forth but i didn't hear  is terribly significant