all the stops in my grief and cheat and then again in my reply so there isn't really anything to add to my original argument other than to highlight certain things i know the court is generally familiar with the facts my goodness point out to look for it that it's terribly important from mr twinings perspective the court paid specific attention to the proceedings that occurred in two thousand and two at that time he had thought he'd read it but he couldn't remember anything about it and fortunately mr twinings court point townsell didn't refer to it at all either the relevance of it your honor is that while he has conditional re your exactly right he was found not to be no longer a sexually dangerous person it was impossible to tell what judge pemberton was going on in the mind under that portion of the statute where he had the discretion to offer conditional of prostitution a prostitute was not included in order to revoke the three reasons he was recalled was his cocaine use and manage his alcohol use and method and here is the lack of some clients with his counsellors so court i'm sorry of course the trial course determination the trial court did not terminate he was no longer sexually dangerous the truck or took the middle ground and said it's impossible to say and so he's going to be released on conditional rel motion for judicial review of care and treatment be instated because at the hearing at the end of the hearing without any discussion without any request without any suggestion it was simply ordered which drawn and i know that the state has argued well the record is silent there so that should count against mr twining the record is silent there because there is no record to have every bit of record that exists has been produced in a court and unless the we can nicely call him a detainee in a mental health facility but the reality is he's incarcerated and tension free and he's in a control population he doesn't have access to all the nice office equipment that we have he doesn't have a secretary or her ego or a fax machine or a computer or anything else i have no idea how much effort it took him to repair that magician in the st place and against a very complete petition it might be to the twining you're going to have to do it all again seems to be a waste of his time a waste of the resources down there a big money and frankly don't waste of time from the attorney general's office because presumably if he court said i'm in order for a person to be proven sexually dangerous these are the more points that must be proven and the court said there has to be an explicit finding of substantial probability that the person over i mean how about what any type of offense where you have specific instructions on what the jury's heard right but then you have a general verdict for well your honor actually all of that discussion is interesting from an inflection standpoint up we're not going up quiet because this was a jury trial there isn't a case this case could be the st one and if the court decides to do that certainly that's your discretion my alternative marking them which i'm not going to be able to address burden of the state to prove by clear and convincing evidence that he remains that so he has a presumption on his side and it's up to the state the state has to prove that substantial probability they have to prove it and they have to prove  y and it's it's an interesting intellectual exercise certainly because he's presumed under the law and he said mrs applications you know most of these sexually dangerous and it's the state's job to prove otherwise i'd say that's why i take your position to state reasonable strategy to try to get the jury to focus on the here and now and if she had tried even once or even twice or even three times to stop the state f his criminal history it would have made a huge difference and the state knew without any question at all that the whole point the whole point of detention under the law is treatment not opening and closing and through dr clenches testimony up to four times dr clinch just didn't say just a little bit dr plunge went into the nitty gritty by contrast in her grief ms mcconnell summarizes dr did he really have to describe the brutality of the one thousand nine hundred and sixty five raid up to four times to make the point to the jury i said that he was sensationalistic it made the jury horrify he could have said what he needed to say in a much smaller amount of time and also the state could have requested certified convictions and allowed and requested dr klein to get the bare minimum as i cite in my in my brief the jury didn't need to hear it many times and unsophisticated jurors aren't going to understand the difference between foundation for an expert's opinion and kusama criminal cases that are presented for substantive purposes a jury was instructed to consider  is not what i said your honor i apologize for correcting you the fiction is that the jury's going to be able to always follow every instruction and when the judge says all that stuff that you've heard you're only supposed to consider it for this purpose they're human beings that's why we can out of the whole room look out if it's marginally home video but it's very prejudicial and we're not going to use it because we recognize human beings are susceptible to prejudice that's the crux of our entire mit admit to such fantasies in therapy and dr myers who testified on behalf of the defendant said that's the point of therapy people in therapy are supposed to get into their inner demons they're supposed to grind them some of those things the fact remains josh when he was let out in two thousand and two and returned in two thousand and thirteen and there was a stench he got returned because he failed to reach update his address we can't forget about that but in that nearly eleven year stretch he did not commit any sexual assault he wasn't there so there's no record that he was even arrested for it mr dr myers opinion wise and it really reflects although he that he mislead acted upon them and got caught short terrible and the fact that you just resigned it all of those horrible the serious things to me you and i are both horrified by how do you think the jury felt all i could i don't think that's a fair some for want of better term special privilege that because they aren't able to walk or drive or get to the courthouse or maybe even pay for someone to  do believe that that that was me the strategic counsel are now to be seen as continuing to object to the experts recounting the fact that his event i think that was a justifiable strategy here  as i wasn't attempting to or intending to say that you were offering personal observations you selected portions of the record which are history i'm sure that that is true my appreciate very much that the court recognizes that dr clutch should never have been allowed to say anything about the ninety eight case and the sole purpose of him talking about it must have been not her you know but it must have been trained strategy from the other side that lets get this in front of the jury along with everything else so you didn't leave do you know that much of the no question and i would prefer the cord to people versus anderson the supreme court decision from a nine hundred and eighty six that i quote in my brief the issue there was insanity but the the contents of the records relied upon by the answer as the bell rang and horses were let out of the gates at our two hundred and forty six to forty seven and on mr one representing the safe was you may be wondering what a sexually dangerous person as i can tell you right now he's it was strategy just saying that strategy was employed isn't a magic wand that say well if there was some strategy then surely it wasn't in effect and this is the council the poorest attorney can have a theory of the case when they had their hearing on a motion in limine ease back in april the fakir the judge said i take it you don't object to this garbage she said no other than to know the prejudice that could relate more so i'm i'm not quoting her exactly she was aware that