for ten zero zero seven two five and he turned and the defendant or the victim went to the left off there are after she never reported this to the police until some a forensic scientist trace expert look at the comparison of the paint taken off the vehicle when it was examined by police and systems in september two thousand and determine on january of two thousand and eight repairing this vehicle used generic paint black paint which is used so all we have is that yes i have a watch on and i'm guilty of a crime yes justice thank you he was found standing in the roadway by a deputy sheriff who had gone to look for a another vehicle selling dope at or about that time and we picked up a standing in the ro to how it was struck that if he was struck he was struck and flew over the car and that's contrary to what burton allegedly told catherine he said he was the defendant gave the explanation that they were arguing about the insurance fraud she claimed he committed surance fraud by getting payment from the insurance company for the accident that was some months in january of two thousand and eight which he quite she did say justice that she scream she testified she screamed and her girlfriend who was whether the witness testified she heard that right the witness was a girlfriend that had been drinking along with so she was a believable leader well he didn't respond to it that's what the and the conviction is stamped in large part on the confession major him by cathy and we suggest that the evidence was not that there was not a was selling dope him in our i think that establishes whether the defendant is arguing the evidence simply a sniper out of which much it must be with the purported impression respect to the suggestion that kathleen was lying there is no indication as to why kathleen would lie scepter the fact perhaps that they were going through some sort of fight occasionally and at the the extent of their troubles are but they did have fights and the times when they would have fights on the road she would be kicked out of the car and that's what happened the night in which she reported it to my account which is not where this happened but it was one of her friends  that she went to talk to the police officer and reported it and course the fact that she waited so long is not going to compel a finding that she's lying has if she's going to totally make this up if she relationship this is a very serious crime if they did have an ongoing relationship to be reasonable with her she would not want to disrupt that by pledging the remark i don't think the record it's clear on that point there was two different conversations and one is overheard by the police officer and those overheard her friend  the question can become also whether even if it happens testimony of this confession was totally set aside with or still even be sufficient circumstantial evidence to convict based on the circumstances defendant trading off highly desirable layer that matches the one that would have been repainted after the two thousand and seven accident cheri cafe had this car which was here so it's not a situation where the jury has to infer that there had been no edition was but regardless of what she said about how the accident actually happened there is not a lot of information to understand exactly the mechanism of this other than just play the forensic pathologist had infer from the to the accident and they all serve to support her testimony so therefore it was a situation where it was eminently reasonable for the jury to her despite the delay in reporting despite the fact that she may have other problems record she testified i'm under oath that fifteen minutes later he came back and she was standing on the road he told her to get into the car he told her that i kind of knelt halfway down in the road and he when he hit him he said the cat flew off to the right he said he got out and asked him if he was all right the guy said get away from me leave me alone got back into the car and drove off i'm quoting directly from the basic look better yes i think that why would caffeine why there's human experience i can tell you just that they had a contentious relationship and this testimony is improbable because it's a conflict with the pathologists it's a conflict with the victim mr buckley even be able to speak after being cocked allegedly by the