the driver's side and that dr parrish her husband who was driving totally thought the man was african american we know that he was wearing a black when he pulled down over his head and that he was looking down and she could only see his cheek lerma it really doesn't apply in our case and the reason i mention it is that exact has had to do with whether there could be expert witness testimony expert testimony with respect to the fallacy of the mind which is identifications and was constantly impossible for need to move hold to be the person who was walking down the street who fired the gun shot at that time and was in the starbucks at twelve forty five it was a physical and i don't think it was proper to suggest that paying any make any conclusion well presumption could be brought from the fact that she decided to take the fifth amendment and i think that's entirely inappropriate and certainly and probably to suggest that naming had something to do with her taking the fifth and that they he was trying to keep her quiet there's no evidence with respect to that it's a completely improper argument and it goes against the reason for the fact that people think the minute and it's not meant to be to presume anything from someone taking  think that's entirely improper because i think that's an inference that you draw from that hearing the inference you could draw from it is the fact that she could have been implicated in this based on all those text messages and everything else in some way and she was entitle to pleased so reasonably not supposed to be able to draw when it's the defendant that somebody is guilty because they are wired up or because they decided to take the fifth and then it's an extension that i realize it's not the same thing but it's still more appealing the fact that somebody is taking a   or somebody who gets a lawyer is somebody is trying to silence that person and i think that's a wholly improper argument to make  argument because everyone is entitled to a way and i think it is none of your argument to suggest telling someone you should have a way or go talk to your lawyer that that is an indication that that person is trying to influence that lawyer trying to get that in order to do something trying to get somebody to not testify or four years or something like that i think that's an improper inference that shouldn't be brought i'm not saying a juror is not going to like i think that to him or those are appropriate arguments but not that he heard your different lives so one of the questions i think for was in the first one yes but it was the opening question and then he did not this crime and i think statements like that like the fact that he apparently has a song and says whatever the person who is allegedly is a coconspirator in some ways i think that it may just started and that the well the reason i think she couldn't be mistaken is because that was one of those things that was definite because she had changed the time each she had sent a text message to someone it was twelve forty seven that he hid in a closet or something like that and waited for harry i don't think there was a closet and i don't think that's how the the the lead to the murder happened i think it was just behind to do or so he didn't get everything right and