crediting this evidence this testimony there is no evidence that would tie mr martin to the gun appellant respectfully submit that white's testimony is exceedingly improbable were key parts of this testimony or contradicted evidence and another credible witness now we realize the burden that we face in this case which is nearly insurmountable arguing credibility of a witness and insufficien evidence and as pointed out by the government and citing for the cases of the united states versus clothes and skin in the united states versus to court that an argument where we argue that a judge shouldn't have credit as the testimony of a witness is doomed from the outset but to go on the full quote and the court it's doomed at the outset when a trial judge is finding is based on his decision to credit the testimony of one or two more witnesses each of which is called a coherent clause a full story that is not where any tell a court can reverse a finding of fact the credibility made by a trial court where the testimony heard by the trial court when review it is exceedingly improbable in the case of mr in the case of mr martin we were further to other observations he made about some rather significant large things these are not insignificant or nonexistent the mr collin martin a plumber was parked in a small parking lot of a business kno south of west market street in bloomington illinois he testified that from where he was sitting he could see the entire parking lot he testified that there was no police car in the parking lot now on page two hundred eight of the trial transcript he waffled on that for a bit he said he couldn't be sure but the trial asking him specifically if he was if the police car the squad car that you say went east on market street towards the two men and then slow down you didn't see that swat car come from the biggest parking lot did you and he said no so the squad car that stopped or attempted to stop mr martin did not come from the vegas parking lot everything that mr collin white testified to that could be corroborated by either the poll camera government exhibit number two or the testimony of officer price day and field was inconsistent and  contradicted mr martin not quite everything because mr mr white testified he saw two black males walk from the red and blue parking lot of on the north side of less market street across the street that's not an contradicted it's not it's not contradicted what my client was wearing where we run into the problems as the initial attempt to stop this squad car which is clearly coming from the vegas parking lot in the video he doesn't cancel he did did mr white have any particular reason to be focused on what was happening until the defendant ran by  him i can't speak for mr white i know that there is some testimony wasn't really paying that much attention was looking to the left sure towards where the initial stop would have occurred but he is very clear that that squad car did not come from the parking lot it was going down west market street he testified that that squad car did not stop it slowed down the two men began to run we know from the office of the testimony of course of officer stanfield that he actually turned right to howard which is something that white also says he didn't see he stopped he got out of his car he walk to the back and only one of the many ran and then ran to the west it's not a lot to work with but it is an inconsistency it is it does go towards mr white's ability or credibility ability to observe and if we can't believe mr white about the big things how can we believe him about the little