replies the group as i said they represent robin johnson the defendant in this case and briefly rose number of issues today about to focus on issue one in the brief but of course welcome questions on the remaining issues as well as for issues w records as well as the police reports in this case in his medical opinion robin was in a program to post it to psychosis as part of a cluster of epileptic seizures that she had recently suffered and according to  his medical opinion to a reasonable degree of medical certainty robin's condition left her unable to and i quote understand the actions around her were to be able to respond to them with any specific intention he wasn't important to his decision because an epileptic seizure would present in the same way as he couldn't tell the basis of her seizures whether they were provoked or unprovoked and so he couldn't make that official d the supreme court has said is that if you are you know acting involuntarily such as acting during a seizure that you know removes you from criminal liability what case do you really  seventy one the us supreme court case i believe what about his opinion we're it was the asked if she was acting voluntarily and what he said basically was we you know you you could tell that yourself you can decide whether she's acting erratic lete at one point and whether she's acting voluntarily and another point by her actions for example i think he referred to h pointing a gun at someone and ducking down and firing a gun in the direction of police officers didn't ysaye those were voluntary acts he did not do what did he say that that someone looking at them or hearing about it could make that determination they didn't need to be an expert was he said that it's really really important to clarify this point but he said that during the cross examination during his cross examination by the prosecution the prosecution at what is your understanding of whether or not illinois recognizes diminished capacity for a murder charge where the indictment or information says that person knew that clearly was involuntary movement so you couldn't establish the mental state here we have somebody who's struggling as a police officer at some distance the police officer shoots him dead and then shoots two of their officers having a mental health crisis of some sort and that person reacted violently in this case there is you know an officer from grab robin and she reacted there was a very very strong and it's there seems to be why did difference in the interpretation of this in this case now you say that the gunshot residue was inconclusive now the state in the both hands were inconclusive for gunshot residue now that's quite a discrepancy in the testimony or interpretation up wouldn't you agree i have here there is a that's unclear my recollection is that the row small amount of particles found on  gunshot residue ok but then you say johnson's hands were still bloody and both hands were inconclusive or gunshot residue now in their grief they say exactly the opposite so  i'm not sure is there somewhere in between or is this stack i me something that i don't quite understand never quite sure the relevance of this to be honest i think it is relevant because you say there's really no the witnessed the shooting they say there's multiple witnesses who testified that there was a struggle ah that he was trying to pull away from this other person or trying to get control of her in their work according to the state multiple witnesses who said there was a struggle there was real witnesses who testified that at some point she was holding a gun he had his in saw years space and then a gun shot rang out and then she was observed firing at other officers you say no one observed there's a person getting on the bus getting off getting on the boss getting off the bus being rotten counts right and then your version maybe wasn't sped up but it shows a person getting on the b getting off the bus getting on the bus it doesn't sound like yes and it is there really anything else that you can see there's some description of testimony that you can see some kind of a struggle from that that there's some way that someone could actually just turn what's going on outside because the video was taken from inside the process isn't this so you're saying there's evidence of a struggle in the video that you can't tell  testimony given context to this did not go before the jury the jury had no opportunity with hear any of this what about the what about the scientific evidence case there was testimony was in that that her and that subsequently she fired multiple shots at the opera singers and then there was testimony regarding forensics in other words there were twenty bullets fired i think i've heard there was a number that came from the other officers guns and there everything that you just said was a part of dr sure medical opinion that robin johnson was unable to understand what was going on at the time and her reaction to this was not some generated it was a reaction that was even without expert testimony about the epileptic seizure here all we're asking is for the opportunity to present that evidence to get it before the jury and then we can argue doubt whether there's reasonable doubt reasonable doubt or sufficiency of the evidence a normal brain scan and still have epilepsy and still have epileptic seizures so bad does not affect his opinion in this case the problem johnson was suffering from post epileptic seizure pages of medical records i think ten years worth of medical history she calls in those records is there a report is out for stations with the defendant about her recollection or did she simply tell the doctor i can't remember anything that happened but rather yes she does not remember what happened that day according to records she tells the doctor ok and that was there anyone anyone that interviewed see defendant come off the boss to officer francis for mayor it's unclear because of the position of the camera it's two o'clock in the morning the lighting isn't very good it's hard to determine what exactly is going to see the bus driver  something tracey jackson does come off the bus to talk to officer francis and comes back and we see her run to the back of the bus when the gunshot happens at the end of the day would you agree that between the state's position about what the record evidence is and the defense position about the record of the summer i would submit that the record speaks for itself yes and we will be will review the testimony obviously very carefully certainly rejected it and the appellate court sad and the supreme court said that's fine in this case would you say that if you look at the pre ninety ninety days and compared the language prior to its  meant that aker shools basically his testimony was in effect the nine hundred ninety five statute regarding insanity yes absolutely d eat something will do something intentional and then she explains that what she has amiss case is not involuntary automatism conduct which she has as he calls it a self preservation instinct which can make her do things which are quite not simply now cornell by the record of his actual testimony and his actual opinion he never states that she's only able to act voluntarily where he states that she's on email to appreciate the consequences of her actions which is squarely showing on a diminished that everyone's in agreement on that point and that counsel and i disagree as to how exactly the struggle happened and how exactly officer francis was murdered epileptic seizure i'm here we have an expert testimony that testimony in jackson was different now even then the so called victim the paramedic said that he didn't think the defendant intended to strike him and didn't intend any of his correct or the trial for the act when it can limited that what the defendant was trying to do was present evidence of diminished capacity would you agree that that was a cal right but but you would agree that if the court actually made it correct call it what you were trying to do and that you put the defense attorney tried that what was the the actual defense was really want to