air because as we will be addressing today in this st case is boiled down to the credibility time test between the state's witnesses and the spirit and curtis although this bird relies on our supreme thirty three to thirty nine she maintains that the supreme court's decision is that it is applicable trick case because sadly the court concluded that the evidence was closely balance for the defendant who was charged with that day and that is a big factor here regarding the element of  ultimately she does know but now once again there's another conflict between the officer's testimony and her testimony she says that the officers told him to go get curtis that they were when a gun in her come down the hallway and she thought she was pregnant but that or whether she was protecting her husband and better to do it because both versions of events aren't impossible they're not incredible they're actually they're actually credible they're coming versions of your bank and there's no physical evidence that can corroborate this it's just you know what she said versus what the officer sighed what actually does show up in the record is that she is taken to the hospital after these events so after her interaction with madison county sheriff's officers on an april th in the morning in two thousand and fourteen she is taken to the hospital she was later released from the hospital and what the court is your time required to do is take a commonsense analysis of all the evidence in context and when they say all the evidence it means all the evidence presented a trial not necessarily just as this is the evidence of the scuffle in the hallway looking at all the evidence starting with the officers evidence of how they entered the house especially freezes evidence with what happened when she arrived in britain called her priest was friends with both of them and brittany called her because she was upset because the defendant called freeze because she was upset because  apologize that curtis got home in the morning and about five minutes later passed out cold in the bed that that contradicts what he's testified to that when he got there between four and four hundred and thirty he was drunk and they started finding completely different then the defense testimony that he got home and passed out right away then you much the officer's testimony that when she said he passed out and she couldn't wake him up i believe it was marconi when they entered the house and she ran back in the bedroom he could hear curtis say basically you know what the f did you do and she felt like it was pretty that's completely contradictory and does it makes common it using common since it doesn't make sense if he has passed out cold then how could he be awake and screaming at her if he is passed out cold and why would freeze testified that he came home and started arguing with her again and he was only awake for the five minutes it took for him to come in the door and then pass out all of those all of those don't lend itself  to to them being closely balance their testimony credibility being pushed the balance the ambulance that was called was called her procedure it was no indication of how badly he claims she was hurt also with regard to the pregnancy using a commonsense analysis analysis the fact that britney was pregnant and she was aware that she was high risk pregnancy if oxers come in your home even if you're surprised when they entered your home you would not turn around basically barricade yourself in your bedroom at the end of the hall and refuse to come out when the officer saying we want to check on you come out she would be common since she has people come into your house and she startled and she pulls away and runs to say to the bedroom don't disagree with that in common sense that part  should realize their officers should have an exit of the room to protect her child the fact that she stayed in the room while curtis was yelling at her or blaming her for the officers being there and didn't come out and  believe one of the officers testified that it was more than ten times that they said exit the room were please come out of the room and she didn't come out during any of it i believe you have the bridge the officers were in uniform very clearly could see that they were off to trick yes i believe it testified that the kitchen was dark when they came in the house and she was coming into the dark kitchen so possibly she would be surprised because she would be able to see the uniforms but at the point that they were in there for a while and yelling at her to come out and i now to themselves as police that's where a pregnant woman who's concerned about the safety of her child would be like ok i will comply with what you say instead of staying in the in the bed behind the closed door so  yet testify contrary to both of them all makes sense it if i jury were to look at it they would find it credible versus the defendant's testimony that is far fetched and