know this is a case in which a juror contends that an individual approached her who had a romantic relation with her and who had not seen each other for a period of time to in fact tamper with the jury in simple words she claimed that he came to her spoke to her and mention a word nitroglycerin in which she could not understand what it was but subsequently he said something to the effect of not guilty moreover that he had offered her a sum of money in regards to no particular defendant she claimed that he came back the two seconds or whatever period of time after and suggested if this is not enough and she said well i'm not comfortable with that need in this situation and whatnot however if she was not comfortable with that the first thing and this is where some of the evidence comes in that i object to and i claim that this should not have been admitted i mean in one there was a telephone conversation with  as well as i believe a couple or maybe two of the individuals before all the text messages which became the critical issue in this particular case came in which she said i told you i didn't want to be a no had she testified about the content essentially of the message before the exhibit three that you complained about was shown to her and she read from it that is correct but yes i agree absolutely no that yes right right so if that's the case if she had basically said the content of it then read it and your complaint is that she read it but it was already for them because she said it  what's the difference right ok you know the words in other words it could have come in and it's a witness statements against someone else and therefore of course at worst it may have been harmless error are going to shift gears now if i made them please was a confrontational issue that was ever are especially in view of massachusetts the us i'm sorry melinda is the versus massachusetts wh absolutely initially was mentioned in regards to this the bracket she came in they're suggesting sure the jury when when when let me ask this did you have a on the other side they weighed it and they decided they believed her when she said well i didn't want to bring it up the price to start with if i could get out of the jury without mentioning that it's her so what's wrong with the jury making that  jury or she had to do was put up a cab when she came into court and sue judge i don't want to be on this case anymore i just found out something that i shouldn't have known before when i did know she never said that sure about it because i had that s is it was wrong to admit this under eight zero three five and also your confrontation how ms smith ended up finally telling the court the real reason for her that to an extent as long as there's a rational basis with regards to the jurors determination it does not seems that it makes any sense for me to even be arguing that i believe therefore i will not committed and get a cautionary instruction with regards to that issue and i am saying in essence he did not know anything yes he talked about my personal texan i know about texas i've been in witness not necessarily a customer who passes paper but i witness against that individual and that is what we were contending if i may please you want to thank you again this she sent to take them to conjunction with her testimony that she said that takes mystics quote right after mr blackett left her house which is in the appendix that eighty three eighty six that i believe that satisfies the third foundational requirement for three five was the how did exhibit three come into being what was where the get the text that came in later through the lee smith i'm sorry mr page i didn't i was not clear let me try again how did the document itself exhibit get created i mean that somehow or other the text itself that the message the words of the message were preserved someplace and somebody got them back and somebody put them on that exhibit and brought them into court and i didn't see that that information and then agent warns him tyson testified as well pillocks at one forty to one forty four that delay smith sent him the text message so it's to the so the so this comes this wasn't got from sprint this was gotten from the investigator who say that deletes sent it to the investigator saved it and that's how we have it that's correct and both of those pieces of testimony are part of the record ok so if that's the case what did the what purpose was then served by having this for in custody and of records if it wasn't a record from sprint but it phone calls that didn't smith actually made to his sister and others so that testimony that he provided with both records show that those phone calls actually went from the smith to those first class to the text message he didn't have anything to add it was fairly accurate but it wasn't the full substance oh is the standard word for word is that the position that the government is taking here that if you don't remember something and i believe that was her phrasing that she didn't remember it word for word that if if if you don't remember something word for word your memory is sufficiently impaired that under eight zero three five it can be said that you you don't remember no it's that's  actually was enough to show that this error work was in fact arms if it was there i mean you're not conceding it was there you know i'm not conceding that that is it was there and if i've understood it just to recap you're saying the reason it's with that immediately after she got a phone call as well as a text message from her sister jeanette smith as well as the testimony mr black it himself who actually admitted that he went over that night and he testified that he only went there to rekindle  i have nothing further and again i exit this court reject each and every argument that has been made by counsel in for the reasons argued in my brief as well as my argument today thank i made a mistake earlier i did not introduce myself my name is linda bernard francis jr i'm sorry i was so into his and making my arguments i forgot about me and i'm sorry in regards to that i i apologize for that there was and a certificate given