the court knows from the from the braves that there are a number of issues presented here today i'd like to begin with the first issue and that revolves around these dull versus math question especially what has happened here is some six member rights and got a guarantee from the officers that they wouldn't conduct any examination of him without the attorney being present there after dr dustin was i'm sorry i referred him to dr doesn't because he was do a mental health evaluation on an inmate has a term and whether or not he might pose a danger to himself or others while he's confined well i'm not a psychiatry is dead and so i really don't know that  they say they talk about this and perkins the court stressed that miranda was meant to preserve the cheering and incommunicado interrogation no such circumstances were present in this case that was examined by the doctors because he expressed a desire to kill himself and they interviewed him to think the problem lies your honor not in the acquisition of the interview or the information by the doctors but the introduction of that into evidence because here we have a situation where a doctor just willingly in reading that portion of the court of appeals opinion if they're correct that statement was not taken in violation of the fifth or sixth amendment then how would he have a right to suppress  it was both so i requested the doctor's exam and there was information from the exam three interviews by the fans and then a portion of the general conclusions were read by the prosecution and it wasn't an if then statement if i think this case is much easier because the doctors didn't do this on behalf of anybody in connection with killer innocence the law requires them to stop this guy to protect this guy from himself and the doctors waited because he was talking about killing himself if this guy kills himself there's a gigantic civil lawsuit that hits the municipality like an atomic bomb in about four seconds and that's what they were dealing with the kind of stuff killing himself that's not interrogation designed to secure stops it from being used if there was no fifth amendment violation there is also a sixth amendment violation so is your position now that every time an inmate threatens to kill himself that the jail psychiatrists have to circumstances the correct remedy is the law the doctors can do their work but they're not admitted into evidence but why shouldn't the rule be if there is no constitutional violation for the emergency psychiatric evaluation why shouldn't the rule be that it is simply a tactical risk later on when the defendant decides to put his mental health history manatee in issue at trial to require him to weigh in the balance the risk that the statements that were listed it from him for a legitimate reason are now going to come in because he's put insanity initially because as a matter of public policy we're going to have many many many defendants so acutely psychotic as i believe my client was at the time i was in a lesser position and they were being examined for suicide purposes or some other mental status  arrestees for homicides and then try and trick them into giving incriminating emissions well i don't know that i would take it that far but i wouldn't take it that much that's too far from where  was also his attorney talk about him being psychotic over at least psychotic and there's no evidence that i know in the record or personally that would indicate he would didn't say that so but i think it is a matter of public policy there's nothing wrong with allowing the doctors to do their work but i think the problem arises in allowing it into evidence when the district attorney and the state have other persons all found dr dustin to be legally insane they all testified on behalf of the defense the defense had psychiatry court about that if then it's competency and what would have to happen for his competency to be maintained and that was being housed in a private hospital in san diego with the nardil drug with a very specific diet in order to maintain his sanity none of which occurred when he came back on october fifth or with put in the county jail and that was all in the file and also something does read that with  thirteen continue for thirty sixty eight hearing now detailed in crimes of it says how do you feel are you ok questions like that it doesn't talk about the requirements that state hospital sent for whether they're being met whether he's getting his medication who sort of exasperated the defendant yes i want to get this over with i think it's gone on too long i want to go back and i want to go i want to get out of here and just re do this based upon the transcripts of the prior trials the evidence from the fire trials i think that is not and that whatever is based upon that agreement i don't think we're going to make any difference what was  pastor warman and that's especially important because i asked the woman was the question and providing the psychological guidance and counseling to dr gostin in the three or four months i mediately prior to the homicide and there were tape recordings introduced into evidence at the jury trials i should but there were not transcripts made and the judge didn't have the tapes you only had those portions of the transcript that comments of your honor's this morning i will not address that absent any questions with respect to the thirteen sixty eight i would indicate that judge whoever did not order a thirteen sixty eight hearing there was  signed over to move back for the trial is that it that's correct and there was there was absolutely no follow up on the century there was nothing perceiving the entry it was simply thirteen sixty eight written in before the word trial and clearly clearly an error and moreover judge read that went forward with the criminal proceedings there was no suspension of criminal proceedings at that point and to judge  to the court on that i know that there was materials about dr justin's restoration of of and so competency and what medication he was on and what was necessary to maintain his restoration but i'm not aware of any and there's nothing to even establish that he would be compensate over a set period of time without this medication that's not even in the records and obviously hadn't felt they had developed r c and they court that somehow he was entering into a slow plea simply to get back to pat and that's not even supported by the record but i have difficulty believing that he could disguise psychosis from his own attorney let alone the court and i don't believe that there's anything in his background where he ever had an incentive not to reveal his symptomology there's never anything in this history where he's ever attempting to disguise anything and even if you want to reject the moaning groaning assertion by the prosecution i don't see any masking of anything by this man from the time of the separation and through the time he is ultimately being record it was my understanding that the only thing that was missing were bench conferences and to the extent that councils indicating that the tape recordings of pastor warman's counseling or transcripts there are were not a part of psychiatry's are irrelevant when judge me that considers the evidence that was before the jury in the guilt phase and he was completely familiar as as the judge with the second sanity phase so is there some sort of import from the drama of these tape recordings faster warman he was subject to that with that with the jury so even assuming the council correct and there was some sort of testimony missing from the sanity phase there is no judge to see it as a presiding over a jury trial and have tape recordings played and then the finder of fact responsible for may find you terminating whether something has been established beyond a reasonable doubt or whatever the standard m i think that's the difference you could simply be a presiding judge in a court and say play the take mr d a or mr defense lawyer and it plays and you don't really concentrate on it which i would suggest you is more the norm than a i'm not asking you to write th