just naturally imply that there might be dope in the car like if it was coming into the u s instead of going out and i don't understand why it would tend to suggest to the jury that maybe somebody else with the dope in the car well i think unless you assume and aren't as a matter of fact that all feed all contraband is imported into the country it's not exported you probably would have a good argument but or good point but i think there is evidence that drugs are export of this country also so putting drugs into a car and then taking them to the u a e which i don't believe anyone can conclude does not consume narcotics also traffic not only not only was this car used more but there is trafficking in drugs between here in the u a e i think there's trafficking in drugs every possible combination of factors the french connection chase there was prosecutor was troubles on the prosecutor blew off and and then and said things that just weren't so about how what the defense was suggesting was a total fantasy that but i'm still scheme they may not even assume to search it for narcotics and we know anecdotally from what happens at the port of entries in san diego people are flying cars they're going to mexico they're coming back and it so now we're getting down to the core of this thing in your opinion the government has the obligation disclosing the pedigree of the cars or needs to put in evidence of the pedigree of every car involved in a correct only when the government has is involved in the seizure was well in the clear when any defense counsel who does not find the pedigree of the car whether the government was involved or not is obligated to give you notice of that seizure that wasn't done in this case i understand you think the government counsel basically proved through the argument counsel comes in and says i have a suspicion it's not enough to be evidence in my view it's not enough to be responsible questioning to ask questions without a firm basis for the allegations and government counsel basically laughed it off even though the government had been involved in the seizure i'd like to state my last one hundred twenty second of the defense all they told you this the prosecutor the defense announced what their concern and their suspicion was and you told the judge that the defense suspicion that the vehicle had been seized before  other than sheer fantasy in fact not only wasn't it your fantasy it was true and you should have found out it was true and you should have disclosed the records just in case they were scopus warry and here we statement that i made following two pages after the defense counsel description of what it is you suspect and i'm referring to page one ninety five years of record about through the first of the way down to defense counsel commission so i don't want your honor to think that we completely disregarded the first we did check we checked the only database that we ever checked for border searches the treasury enforcement computer service database scene nothing showed up my reaction was far from blowing off the delegation because the next statement defense counsel meet your honor further crystallized what it is she was talking about a allegation from the defense counsel we looked into it the problem was she did not inform us of all you permission she had had she told us i have information in this vehicle was seized and from a cargo container in long beach we would have on a completely different date of the search in fact not her even after the trial when she subpoenaed records from customs which you only provided the information of the vin of the vehicle and the date of the seizure which actually was the recovery customs was unavailable to determine that there were any records whatsoever of customs ever having this vehicle it was only after she year it's not newly discovered and it was not suppressed because the defense had just as much access to these records in fact for practical purposes the defense had more access to these records because the defense counsel of the individuals involved in this ring have ever been charged with a narcotics violation let alone convicted of a narcotic fatal violation contrast the statement  it's an interesting thing it sounds like the defense has more information than the government actually i mean literally unless we say the government's amorphous and therefore you're deemed to know everything but it didn't give to the government  threw out an illusion and made up a record of error simply to do what it's doing now you know i don't quite i don't quite interesting i mean frankly if i had thought that was the case know i understand the court should be properly outrage when the government plays games i'm not sure which side i think is playing games in this case i can assure you mike your i don't think it was the government i and in all honesty i thought she was trying to garner something some sympathy for the fence because here he had just purchased this vehicle eight days ago and the government's going to seize it and auction it off and he's going to lose that expensive new vehicle records in nearly five years of prosecutor i've ever accessed for this type of issue it did not show up in there and the reality is if you look at the actual record you spend most of your time having to justify why maybe he doesn't need to be crystal clear this evidence was not itself a tory and was not newly discovered it was none of the fans prior to and during trial they had access to as much information even just fernando's even if we do look at the government as being amorphous and having all information they still had access to all of the information we had access to during trial and my correct in understanding that the material that they had obtained actually was not material held by the government it was quite frankly it's more detailed than the information that customs that which comprises only three pages versus ten pages that this is stuff held by basically insurance companies correct and remember you understand this vehicle was recovered by to trial when she was preparing or that the morning of trial if this car had a history was with the government she raised that issue she said she had a suspicion and then trying to justify what she had she probably went too far to stay involved cocaine i don't i don't see anything involved in the record that's all she was acting on when she went to court to ask judge miller about getting these records or justifying her questions was basically what she had  telephone conversation apparently with somebody and i used to beat her and more information than she played out to the court and you know the and i think the organization and she talked to them is all for you so you know it's not funny to say to somebody who's doing something wrong and is violating its duties is deemed bad news trying to mislead record when you know those who can cut both ways if you want to read them that way they're not doing anything wrong i'm not i don't know exactly what defense counsel knew how member now that i do know that the people she talked to had more information than she handed out when she was in court she didn't say well you know i inappropriate to throw stuff at the other side and i said what i did the government can survive in saying hey you know we understand and i'm telling you same thing for you i understand but it's a little tricky and tacky to kind of be painting the others far right i've done this for a few years so i understand how we sling mud around and sometimes you feel it and justifies the means u nfortunately in these cases i think the courts hold the government to a high standard of obligations or responsibility especially like in this case when the government seeks to put the defendant in custody for twenty  years that to me kind of highlights the responsibility the government has it's somewhat different counsel learning something the night before trial or the day before trial and then raising it as a way to justify your questions and then during trial issuing a subpoena for the documents and getting the documents after trial so i understand the course position and it's difficult to sit here and and to characterize things but at the end of the day the