right so we hear there so this isn't the case worker we are going to do it through simply didn't even bother to consult with the prospective witness so that if there's the case isn't there also a presumption that to continue the metaphor isn't quite as it is it seems if you look at the record we have to question why is it unreasonable and why is it prejudicial it's unreasonable because so in other words  conclusion was that finding was based at least in har i having observed video of the may nineteenth interrogation so the question would be what is it about that video just qualify or invalidate the confession no i don't think we're saying right now every case but in this case you've got a fitness evaluation that the attorney was a hack she knew that it contained a reference persuasive must be contained within the record and if we determine that the record doesn't contain such persuasive evidence then wouldn't that consequences this is one factor and this is someone whom minimal criminal history one for felony no history of violence a seventy nine marginal difference was forty years it will be three years ago eleven months by the end of the year when i am retiring so are you the most senior member of the l a prosecutor's i don't think on it turned out that she related to the court that he was unable or unwilling to testify he was going to be in touch with another doctor  to defend against the states or flight and if so which is the lesser is fitness to stand trial a lower standard or a higher standard that we have here i was content to just say we don't know enough about what dr lee will say that to say that there is no real trial strategy where hidden within that call him sure you've never seen them well i have seen a lot of commentary and opinions i must say over the years on whether it's necessary or not it's not presidential and fragments whatever sound from one gun there was there is there is no evidence that there was a true fire from the physical evidence oh my interest testimony is the room not very argument that continued argument that this was premeditated again i don't think the record supports that and i think it conflates a little bit just to burnett's motive possible motive for this namely that he was upset with mr giles and that there was some tension about their business relationship but in those terms but even if you look at the confession  repeatedly mr burnett and the sizes that he didn't really even know what he was going to do until he actually did  brings us here today obviously his testimony is not anything supportive of premeditation because that was self defense so i just reverse you to knew where to go or to somehow lead to that neighborhood and it was and i think there was also some confusion about the discrepancy about exactly who said that the deal with and compare them as different levels because you're comparing you're talking about different things coming to stand trial for first to say well in this case the evaluation was done in july or august i think of twenty fourteen fifteen which was a few months after the episode occurred so  more in the abstract which is were you are those people or not his mindset may have changed is there different levels of competency such that he might not have been confident because he was under effective at the time but now he's healed which was your intention but what if at that time the level to give a confession