specifically while driving was there anything you observed while driving would give you any reason to believe that mr graves had committed you walk and use this he said no that was not officer was that time this was his first opportunity i think to actually go through this the first thing that we claim is here this case is when we had officer walls on the stand the state's attorney asked questions i was absolutely adamant that it was his policy he was going to give any grief process to spencer it's a serious thing specially in a case such as this this is a case where you're looking at what the officers did i feel because i think our courts and putting forth this story has found that that is the best test for someone who's in my five position i can't figure simply cross examine the officers and he doesn't get a fair shake and that's what happened here but more importantly that had made and asking what is important to determine if this task meets the price here so i was making this stuff up these are all different questions many groups and the supreme court look at well i've got about half of them and they're all i'm not going to say i don't get a lot of questions as i did but when your star witness when you're submitting officer rich for the purpose of saying this is a scientific that have meaning and jurors are listening to this and they accept it i should i really do think that my client really did not get a fair shake in that aspect as well then we move on in the lives of both guardsmen and there's two or three things that i'm troubled by i was always taught and yes tell the jury it has the jury well you have to least understand that if you're looking at a twenty three year old officer duties compared to middle aged men that some of this might have to do with physical ability that wasn't it i could i could not read to the fact the the inference is they can be drawn from the defense refusal breath testing constitution for circumstantial piece of guilt as well as the priest stop evidence which is not all this was recorded  put in this report is and the fact that he may not have probable cause to arrest for dui at the moment of the traffic stop before further investigation happens does not mean that the significan recrossed his condition on the prosecution bringing out new ground on redirect and the trial court's opinion that was not done now what is actually provided on is redirect was directed at cross presented in the offer proof and i think the question is was  no there was no there was no request allowed that would have been prejudicial to the defendant because because the just the mere reference to this fifth dimension of feels very testing because that is never been before now s for produced by the national highway traffic safety administration should actually say so the defendant he cites a manual but he doesn't really show exactly clear and that means all such a policy exists instead it shows that this is part of the procedure to just volume of the tape was replayed and i think there are about three parts very limited part i think was the driving something to do with him getting out the car which is actually pretty this will because it showed that he really didn't demonstrates although it's a very old case it shows that very first a compulsion and just because a case is side of the evidence is such that the defendant may feel a need to explain his situation does not create impermissible are several components to it it's kind of complicated first by the fact the defendant didn't provide transcripts hearings and that that complicates review because he claims that this is purely sta investigation when the investigation this video only a portion of the recording that the body of stopping refers to audio first conversation conversation between two or more people and there are cases ishay if somebody just simply making statement or or audible expressions without an actual conversation between two people the eavesdropping statute doesn't even it's not even implicated just simply by recording for example somebody speaking there's no conversation