francisco asked me to provide for this honorable court he got it at eleven am and i apologize for anything inconvenience but i would ask each of you to view both videos one is a normal speed and one is in slow motion because film where you see this is the first thing you see is the court the corner the opposite question the question is there a piece of the film where your client is facing the police officers where the rest of the crowd has their to the north to see what's going on and the next thing you see is he's being assaulted by police officers that take that film is running continuously and what you see seconds before the peaceful protesters which are on the southwest corner of this and all that and the where the incident took place took place on the southeast corner of fifth and was this a i assume this is obviously in the district court motion provides propounded by the setting you see that he's really weighing everything in favor of the defendant and really nothing in favor of the appellant he didn't even draw any reasonable  that when you see the video that's what i point out in my read the whole thing just made no i don't know if that's thing was made up i submit that i believe it was made up but i don't know if it was made up or next because when you see the video and even started louis admitted under cross examination that when he took his squad up there there was no bomb squad there and there was no car parked in the middle of the street or in the intersection and when the video if i mean correct and they didn't make that up then that may impact and an hour earlier or half hour earlier i don't know but certainly in the minutes and seconds before that that scenario really was not unfolding in the seconds and minutes before the incident with mr saval there was no bomb threat at that instance and that's where the video picks up where the people you're pointing towards the person then you thrust that way felony that was being committed by mr zarella that he was not posing an immediate threat to the safety of the officers and certainly when he merely turns around to look at the police officers at that time did not actively resisting or anything before he's hit with the book police baton and the reason that i believe that the scenario created by such a mecca mera is totally false or partially is because i thought i think that at the time that they were justifying therion those on the part persian square park area of protesters was used as a method of justifying why they were carrying out all subsequent to that my concern was making the case to passed beyond a qualified immunity stage because that's what we always have to fear in these cases qualified immunity because in effect it gives the p officers it gives them an extra inning if you will in these kind of cases you know it's tough enough to convince jurors that police officers did violate someone's civil rights and when you have the and an extra thirty or forty yards to make the home run and so these kind of cases your honor are extremely difficult and when the judges rule in favor of police officers they give qualified immunity  sends a message to the community that there is not equal justice under the law that police officers get an extra bytes and that's a significant concern among many many members in the latino and african american community that the police can get away with anything and so that's why i'm asked that your argument that every person on the street that's asked to move on or to get out of the way or to clear an area response we're told to move on of course i believe that that happens on occasion both ways doesn't it but that didn't happen in this case and that's the fundamental difference as a matter of common knowledge it goes both ways doesn't it well certainly ok you have a finding that just supported the argument you mate which find it's your conclusion based on this record that the police overstepped right of course and it's the police's people in blue coming into a courtroom that of all facts not only the jurors but the trial judges as well it's it becomes a matter where the judges want to stand with the community as represented by the people in blue and isolated instance in their mind with allegedly nobody was injured then that is probably the person's fault and that's with the judge did in this case he said this is basically he said it's your fault i'm going to give qualified immunity to this officer and anything that happened was a result of your actions or inactions and when you look at the video you're going to see that the picture that they descr happening wasn't there and i went into it in detail this elaborate rodney king scenario where they claim that the video starts rolling after the third attempt by my client to grab a  bernard parks and eugene lewis i'm not sure how helpful the videotape going to be it's very very short it is a very amateur videotape you have to watch second  partner office played in it but i know i'm representing that my conversation with the clerk was never mind so i made no effort to get to the court i was told never mind told what never mind don't worry about getting the video is talking about officer korea's conduct that day because i didn't want to make clear to the court the claims against officers career when i think it was martinez were just mystery before trial for failure to prosecute under rule four and they were never we filed the only conceivable claim that could have been alive against the city on of my curious liability theory would have been the state law battery claim balance the government interest at stake against the degree of force used and here the degree of force was very very minimal this man wasn't even injured as a result of this baton thrust to his chest and whether he was injured and you presented absolutely no evidence of injury at trial and so that has to be balanced against the government interest at stake this was that friday afternoon in downtown l a in the financial district they had a crowd of two hundred demonstrators was right next to mr savalas and you'll see that clearly when the normal speed and also in the slow motion but also the first part of the amateur video the first five to six minutes i that because there has to be just for the people in this community particularly poor people particularly minority people everyone must feel that they have a stake in the system a stake in the just the administration of justice it's happened in the district court and it goes both ways well your honor when you face judges and i have and you get judgments against you and you are under summary judgment or on the rule fift are you didn't know that before i knew that before and i knew that your more sophisticated district judges who perhaps are swayed by the passion of i don't know that i was a district judge you had more sophistication than that i