being introduced in a case and one might think yeah exactly needs a real problem for me but if that's what you thought it would be wrong because the privilege what they don't talk about is kind of like the elephant in the room and that is always dis relevant at all to a legal proceeding how does an attorney's assessment of the merits of a case especially defense lawyers assessment especially when some negative relevant here we have this you know introduction to the states of the defense case that is a basically endemic gratian of the defense and the thing is that we spend so much if i could move on to the sentencing issue for mom  this almost sixteen years according to the holiday sentences of people who've been sentenced according to that statute that they really should not have been who would be it's never been reenacted a transcript of their phone call with a red line through the various portions that they wanted out and that is on the record on appeal so it was just plain to see what should it what was what they proposed to have exact defending should receive it because a lot of this is relatively simple i just have a slight argument the trial judge thought that this instruction was inappropriate in missions during his record to call in trial redacted recording of the jailhouse conversations between the defendants father was admitted into evidence during the call defended admitted that he struck the eighteen month old victim three statements in it it was a voluntary theory a statement that he made to a family member in the jail sitting there is no police officer involved with this and in this case than the motion to spray should have been  the father's statements we've got to have the context that he said that an officer that was part of what was redacted so this is sort of at the beginning of the conversation and then they go through more things that i mean is that the child when you sort of thing in silly redirect reach this was redacted in order to get those statements in because they were missions by the defendant and other aspects of what the defendant said about them as they were i think they  don't have the definitive saying yeah i talk to you by getting an attorney none of that comes out in the conversation and if he was in a boat of course and was in fact his attorney trial right he was he eventually was that's true and i'm not sure why assessment all he he probably did say this was a difficult case and if you look at all the all the evidence that was presented it is a difficult case it was a difficult case to win because we have a lot of evidence that show because it is harmless because the right if you get this overwhelming evidence and you can even if this was improperly admitted we have tremendous evidence that puts defend that has him committing this crime that has him causing the death of this child so even if this this brief statement the one paragraph that came out is wrongly admitted it is harmless because of the amount of evidence that was produced to show that the defendant committed this particular crime well is the evidence really overwhelming when you've got one doctor who saying one thing and then you have but then we have evidence that he told the mother or the victim that she fell off the story in her hit that she ran into a tailgate of a truck that she fell into this crawl space the mother said she point she has twenty five u even on would have been reenacted by eighty nine for sixty two in a small the court could not of the firm just instances under that section because it is in the statute is the whole would have been unconstitutional innocence would have would not have been able to be reenacted even for the double  inconceivable that these injuries could possibly be the result of reckless conduct that's similar in this case there were too many injuries for this to be reckless defend it because we're going to discuss all the the injuries and he's just you can't reasonably claim that this is just merely reckless activity in that he only struck twice when all these injuries occurred in our supreme court and word noted defendant's case statement in that case that he didn't mean to kill the victim was to be considered evidence that he acted recklessly quilt the severity of the beating negates any suggestion that is a conduct was only reckless and they went on the quarter from appellate decision or court stated quote the beating death of any victim including a child which is so extensive as to negate any possibility it was inflicted recklessly is insufficient evidence to support an involuntary manslaughter issue the involuntary manslaughter instruction