he was found unfit to stand trial in july two thousand and ten he was discharged hearing was conducted in november two thousand and ten where he was found not guilty of home invasion and aggravated on lawful restraint he was remanded to and that brings us to this feel the court at the thinness restoration hearing heard two categories of evidence regarding the defendant's memory and it's those categories about the evidence that the defendant on appeal points to as support of  to recollect and recount current events the second category of evidence that the court heard at the fitness restoration hearing concerning the defendant's memory concerning his present memory that it's not appropriate what the condition is out of which from will be restored if you take that your position to its logical conclusion doesn't try or fact need a context in which to consider the question of present during that hearing took notes during that hearing and three or four months later was able to accurately and specifically recount to dr mind hanny at the fitness restoration examination exactly what had happened during that  we don't i have to speculate as to whether that was accurate we know that that that was accurate because the record shows that defendant had already done that that the defendant all i documented canyon spring two thousand and eleven the order in which the witnesses expert opinion was that defendant's condition did not substantially impair his ability to assist in his own defense and that he was fit to stand trial provided that these accommodations could be made of providing him with no taking the tiriel in time to consult with his attorney appeal in fact the defendant's attorney and the when he presented the initial motion for a fitness determination told the court that the basis for that motion was just the end nisha that is as far as his on contradicted testimony that the defendant herman could be reasonably uncommented and given that the other evidence corroborate that in the record showing that the defendant's memory was sufficient and that he had already employed that reasonable accommodation to upgrade it  your honor flight i think it's important to point out what it is in fact that the state as we know from some cases the procedural history of is the defendant's ability to observe or recollect related occurrence here is the big are especially those concerning incidents alleged and to communicate with how the statute seven twenty five miles  evidence supporting the order and that although the state of the defendants in the event had not changed it was still in station to support the court's order in force the defendant had already of the evidence that the defendant was able to marshal and for his defense what kind of the defense he was able to put on so that the defendant here today is arguing essentially a reasonable doubt arguing that holds that the appropriate time to consider these arguments is after trial that they're not relevant to a determination of whether the defendant is able to consult with his attorney within the meaning of the the meaning of the statute these these other due process concerns that the defendant in this case is bringing up were concerns that were considered by the court and for us not in the context of that then this determination and whether that information was correct but in post hoc the determination of whether the defendant had received a fair trial and only be evaluated after that and then have received a trial and it was possible to gauge the type of defense  that the defendant was able to put on we were being asked to i think to speculate as to how independence and asia would affect his trial and that's not a that and that's not relevant to the the business that's not relevant to the firm and you know whether the defendant is able to assist him in his defense within the meaning of the staff good girl ask a couple of questions about the god who was in the basement but i think and just first there's a preliminary point that's the best in the in the people's brief lay out the facts of but but those types of questions are exactly why we don't want to go down that road if we're talking about reasonable