in the interest of time because there are a number of issues salient issues that i want to discuss but i decided that i would combine all of the my problem cause issues and therefore hopefully it will be again able to do that and i am more concise fashion it's just an interest of time so i like to begin by i am reminded this morning that you know dr king once said that the reason he was in birmingham discrepancy in that report and what he disclosed to judge laurie in his affidavit and he was asked to reconcile that and i believe he said that that was to be a killer so her and he explained that away basically as if that was just a normal mistake but it was a critical mistake because it went to the credibility of the confidential informant it was a are initially the confidential informant told detectives earlier talking about their current really talking about the you're really talking about the corridor with the names on a cell phone numbers right that yes you're i'm definitely talking about that but he also represented to detective the one that told to this was known as sent hannah now detective dorn based upon all those interceptions of these communications he knew that that to say that we've accepted we relied on this confidential informant he's reliable and we basically believe what he's telling us but that again i will just say beer bold statement not supported by any documentation and a critical city here and then application in front of judge jury he painstakingly list every single number that he knew th head to support that application because that was necessary to prove that jewel to this constantly chains to his numbers in order to thwart law enforcement and in fact he did probably change them every week he  number but in september even the last time they apply for the c s s war in october two to still have the same number you haven't changed the number so that is over the month to have that you have any additional numbers that we're talking about seven hundred and sixty one right the four to of dorne went back wrote his report that day to the cat to the man a kind of prosecutor's office took the ordeal took the video down and he recognized santana jools voice and he said he recognized that that's not true that was not toy to this or said that that was jewel tutors who said you can take anything you want and that was critical because that confident who is supposed to be reliable and who they are relying on they knew at that point best it was a mistake at worst that was a lot that just was not accurate and they require that in the affidavit or ju detective dorn once he went back that take to the lead the county prosecutor's office he set he downloaded the audio as well as the video and wrote his report when he did that she recognized that that was a r i have to bring his credibility into question back in two thousand and twelve this so called reliable confidential informant approached norman and said i believe told to this involved in the drug to stop what he was doing and investigated him for months maybe even up to a year found nothing and closed the investigation so therefore that information that he provided really an inference well judge that is a great question that i am not prepared to say i know definitively but i do agree with you that it reduces there that i've used to i rely of him and i believe i can rely on the things that he tells me because i think i recall what he said was he used to in the past and every nation that he's provided me in the past has proved to be reliable has been true critical took all of the stars both of those numbers on that camera detective dorn never read any type of heaven register to say who these numbers belong to never the numbers ever why i'm saying this is deficient because what they've basically done and asked this court to do is because we think that and i even saw this in the governor's brief because we think jewel is involved with this and he knows how to switch files we should treat you the same way there was in any way at all they used anything to show the support that you know they live for warrant against holly tulis thinking help me understand this business about what to think i want to get to the plea negotiations with the government the government insisted that the please be time package together that the him as well as his wife had to plea simultaneously to the plea agreement that was presented the government was her plea an hour her offer an hour went to seventy eight months ok so they went up eighteen months after he decided he was not going to take his plea that night he was at the federal detention cent fear and under guard a conversation with his wife she was hysterical she was in poor health she wanted to get out of this case and he knew that and he and his wife had a conversation and he said to her and i'm going to conversation i am going to portion out of the plea offer they did not know long i mean they no longer made it requisite that both of them had to plead but they never disclosed that the defense counsel they made a material change in the pl was a package and quite honestly there was no way to i mean it was just not something that was being negotiated so when they took it out of the police it caught everyone by surprise because at that point in time they had moved on they  can't hear you and they'd be asked questions and you have to guess their job  the best thing for you to do is not just calling for your phone because it's still picking up the audio from your computer so if you look up at the top you should see if you click on the little carriage next to your mute button you actually want to switch to phone ordeal and that will remove the audio from your actual computer ok and then it will dial in and or remove the audio so maybe hang up the phone and then click on and switch to phone audio it'll give you the number impromptu through and then you'll be able to remove all that ac what i would like to do st your honour's if i may is to take you through every relevant paragraph of the affidavit for the search warrant to explain to you why there was probable cause here because this is a very sixteen report differs from the september th twelve thousand and fourteen affidavit and also what happened at the grocery and the reliability of the grocery store correct ok dave store which is owned by two did so st let me explain that there are actually three paragraphs in the affidavit that have three different phone numbers for two this in them and those are paragraphs three be and see i had that number because to just gave it to him paragraph eleven on page two hundred and ten explain that there was evidence that today had been using and then stopped using a different cellphone number one that number and dropped it just rd cell phone number that is an affidavit her to to is in paragraph twenty two and that is the cell phone number two just gave to the c i in which he said tell him code words to use to purchase her when marijuana and cocaine and codewords for quantity he instructs to see eye to communicate with his brother jewel when he wants to buy drugs because one is that dorn did say that he worked with him in the past and he had been reliable but also and much more importantly is when you read the affidavit it isn't entirely everything that the c i tells dorn  and then he immediately called the number for jewel and sets up a deal for a box of donuts which he then purchases the next day which turns out to be cocaine now i would also like to jump ahead if i might phone and the i asked to purchase drugs using codewords and jewel says i need to call my brother to find out where he is working and it's clear that he needs to do that before he can arrange the drug deal the next anything i want it free now dorn believes that too this was behind the counter and put that in his affidavit now it are two paragraphs in the affidavit that i think are important because it explains how door knows that two this is a multiple kilogram drug dealer and that is paragraph twenty and paragraph eleven paragraph twenty on page two hundred and fifteen basically says that dorn has spoken to agents and officers from the f b i the d n i the atlantic county prosecutor's office where the detective the atlantic city police department and the pleasantville police department and they have shared with him intelligence gathered over twenty years that indicate that today it is a multiple kilogram drug dealer that's summarizing what he has learned from the twenty years of intelligence that's been collected now i suppose the judge to larry did not find that sufficient he could have asked him for more precise detail but judge and when the district court looks at an affidavit that it's been approved by a state court judge if there are slight doubt the district court judge will dissolve the doubt in favor of the issue in court what's your argument based on what's your argument based on paragraph eleven paragraph eleven is oh i apologize yes that is the paragraph where i believe he explained that there had been an eighteen month long federal investigation previously that investigation had been into t ended up being a coconspirator to distance and dorn is aware of that investigation but he claimed to judge the very that he is not going to put any information gleaned from that federal investigation local police department well if if if there are no questions about this precisely what i'd like to jump ahead to if i may wish to answer judgment he's a very st question to mr king which was what is this report business card and dorn to make sure he understands exactly what happened call the c i and they have a three minute long phone conversation during which detective dorn takes no note seven or eight days later detective dorn writes report based on that phone conversation that he testified before a judge the mandal he was careless and he was sloppy and he made two mistakes in that report that contradict what he said in his af from september twenty four teams and that is i will again give you page numbers for that in his testimony which is on page four hundred and fifty nine dollars to force the one and that is  s he later determined that even if he worked this is during the franks hearing even if he were to exercise the paragraph of the affidavit about which  complains there would still be enough left to support the probable cause finding made by judge to learn and i think that judge mandell findings here are truly critical in his examination of the entire record because he did look at the affidavit in its entirety he did take testimony on this at the franks hearing from both today and detective dorn well you know would comes from the cia and i don't know if you if there's enough left to establish the reliability of the confidential informant if you take everything else out of that act that may not matter to you because you've got the credibility finding by santana who who dorn and the i believe with toy answered the phone and said call my brother granted those are only three words but detective dorn could recognize his voice based on having heard it in the past and certainly based on how long ago it was it two years ago but he would know so the roving wiretap on tory's phone was obtained within weeks after the roving wiretap on jools phone was obtained so detective dorn heard drool and toy speaking on the jewel wiretap just weeks before detective dorn appl for and receive the toys wiretap so he heard his voice relatively recently and he could corroborate himself that it was toward his voice for the context of what he and to were talking about in terms of their personal conversations where if they would say they're going to visit mom or he was going to visit the mat which is what he called his laundromat the laundromat that was owned by tori i mean it's already what is that some conversation in there about you judge them handle not only had the benefit of hearing detective during testimony but he did very carefully look over dorn's affidavit and found that viewed in its entirety that demonstrated a fair probability of screen of state and local law enforcement for twenty years now this should not be surprising he did not get into to this is criminal history an affidavit and therefore it cannot lori certainly could not rely on it but it is certainly true you know based on what we know in the p s r that she just didn't have a fork and at least working action sports tripping drugs in that twenty or twenty two year period so this is not the st time twenty two to have appeared on law enforcement's radar screen when the cia shows up with a detective dorn and says hey i got the business card and i can now deal drugs with totally and jewel is this clearly pleas are not inherently coercive however district court judges have to be aware of them so that they can ensure all the parties are entering into them voluntarily now do you think the reason they want to there are reasons why influence could be meted out over time between the different defendant the the reason for the discount in terms of why negotiations with the government on behalf of big us and that originally in january of two thousand and sixteen there was no package plea both the parties were negotiating independently and the government had offered a sentencing range of seventy to eighty seven months later ten months later in october of two thousand and sixteen they began talking about tying the pleas together so that they could resolve the case and in order to induce toys today to plead guilty the government offered a package plea in which vega would have a sentence  at sixteen months so big a deal got better if you would enter a package plea instead of having a range of seventy to eighty seven months which they had previously offered her she would have the opportunity to get a sentence ca commando found that to this and federal both lie in an attempt to get out from under his guilty plea they lied to the court in an effort to centrally perpetrate a fraud on judge the mand that they did not realize it was not package just mental simply did not believe that looking back at the history of what happened and i if i could go through the the history of what happened between october th and november st i think that would be helpful trial by himself and the stipulated bench trial it is clear that vaguer is not going to go to trial with him but sega still wanted to plead guilty therefore how could there please speak up and over the weekend carol negotiate with the government to come up with what the stipulated bench trial would look like in the meantime he's also simultaneously negotiating with the government for a new  terms of getting what to just want to just wanted to reserve his right to appeal all these issues that we're here for today he wanted to claw back some properties from forfeiture specifically business properties that his family could then use t all guideline range which was seventy to eighty seven months she still wanted to take it and there's evidence in the record that she was thankful that she could get out and take that pretty and the evidence on the record indicates that  is negotiating for is not a lower sentence for his wife the only thing he's negotiating for are his appellate rights and his ability to claw back property and if you look at the un guarded conversation which is the conversation the night before they pled guilty which judge the mandal read the transcript of it is not clear at all that they're talking about a package what it basically what to do is basically says to vega is i'm going to take the stipulated joint which doesn't tell me that can do a package plea it sounds like he wants to go to trial we want to bench trial with stipulated facts but then he had said to her that he's continuing to negotiate a plea agreement because he wants to get properties back for his family and he says you know i'm the man i want to take care of my family and it appears that he is continuing to negotiate hard for his properties he does not say or even imply that he is doing this to try to get a lower sentence and they go was under the impression that she could do whatever she wanted and she could plead guilty no matter what to do that it was everyone's impression and so later we find out that cheryl and to defeat the have no idea that the pleas were untied now granted they had decision time to review the plea agreement the package language was in the very st paragraph on page one it was then deleted from the very st paragraph on page one to this and his lawyer spent so much time going over the plea agreement that you can see the handwritten changes and additions that today and farah worked out which to to actually find we know he read plea agreement because he made handwritten changes to it and and we were going to be stressed for time a couple of things we can't there's no doubt that detective dorm wanted to into this he wanted to go to this for years and i think we cannot allow say that's what it was there were a lot of different ideations of that agreement started from sometime in october and it kept going changing constantly so once they got past an issue he didn't go back to say look at page one he didn't know that there were no because and here's the thing about the conversation the night before you have this way he said honey tomorrow i'm going to get you out of this what power did he have to get her out of the only thing he could have done to get her out of it  belonged to choice to this the only thing he had to do which is a very very common investigative technique was to bundle them or he could have just call them you know have said look who these numbers barter you never did that and when he supposedly when they see i came out of the store and he had the audio and the video detective doing so he took a back to the prosecutor's office download it reuters report and presumably he looked at it listened to it at that point in