which were never produced and the judge said that ok so that we don't take evidence here so all of this would have to be given to the district court for the district court to make a ruling your argument is that it was me talking  pointing a finger at the government for having these suspicious documents that's pretty much when i got it from how she decided to proceed with this and then if there were bad faith shown later on then she would maybe  five five nine claims that that it's lawyer had these documents there that they were provided to you during the trial and for some reason they really makes up and what ever produced that way but it's that part their position is things that we can do during discover that the district court judge has to resolve this precluded the government from using these documents and they were going to use with their witnesses and what she said is well since you didn't get them  in my article which would be asking you what does that information sh mcdonald the trial and the protocol that the late why weren't they produced during the original discovery period your honor let me be skeptical a chronology they were not found for the first trial council did not issue a that's what you really need for a trial mr gorski sixty days before trial shot an email narrowing down his request including the four documents before originals we were able to find those documents where were they i don't say we found the originals did so and somebody said that before trial ms coleman's declaration said that she brought the documents to trial and she informed on the first day of trial i informed plaintiff counsel i had the original after fifty to it wasn't a document demand and so we brought the documents to trial on that process but what they also responsive to the discovery quest as well well your honor no because there wasn't an original first document for the discovery deadline i believe there was your honor because there was a second deposition that had to be completed by storm or would that be in the record the second discovery order if i don't think there i don't think it's there that the court probably gave permission to do one or two other depositions but i don't think there was a new scheduling order for discovery which meant that the first scheduling order was still in effect which still meant that anything that was requested in that discovery do you much good to get the documents and then lets the trial there's so much going on you don't really have time to absorb the the fact of the documents analyzed with your client what they mean it's that's a pretty good closing argument got the avaricious lester garst you indicated that he didn't know about documents until the last witness came on us is that what the record shows from your standpoint no your honor the record used keeping her custody and that any time she he needed to have them to introduce he she would provide the documents to then does the district make any findings regarding who was correct on this on this miscommunication she did not what i think that she said i think that mr collins said there was no intention to no intention to deliberately keep the documents away and the court did i believe you but nevertheless that the plaintiff i brought each and every located document on march eighth two thousand and four and to every day of trial thereafter on the first day of trial i informed plaintiff's counsel i had their original asset fifty two log as well as the originals corresponding witness examination and for admission the evidence procedure was followed with respect to the f b i fifty two log and to the f b i fifty two pertaining to mr conrad mr current and other words if there were some sort of intent on this call half of testimony both by his experts which was beyond the expired period and also lowing him appeared to cross examination the government put on its case in about five hours if not abuse of discretion to have the time limitation took twelve hours but there were two plaintiffs twelve hours total total time the witness would have testified to this correct question i don't recall doing anything i don't recall writing the declaration the contemporaneous aspect i think is what the judge was hung up on that she said it was four months later actually wasn't four months later the promotions were prepared for second one nine hundred ninety eight but tony richmond agent hartman took the photograph and if you look at the photograph i think hume's the last