less than a year from the time that the fifteen pounds indictment was filed in this case which included twelve kazakhstan's at that time but as the judge recognized you know there are there were other cases where not much really goes on was three days before trial so when the judge forced the case to trial three days later even though he knew that she needed to show how i use the three days was not going to be enough to recognize that she was not right or he also said concerned seems to be based on the fact that the complaining witness had medical issues and was going to be are available at certain points in the future the prosecutor said that seem to support having surgery in january or february it's interesting that that didn't get nailed down a little bit more because i was that this is a scheduled surgery and it certainly would seem most of the could have been provided which would have helped this is of the court and determining this issue but instead since you have the right i mean those those are certainly did legitimate concerns that needed to be taken into consideration here however as i point out not proves one potential way if you have a serious concern about the very compelling witness that the judge did not seem to consider  certainly that's the reason to look to question something which defense counsel delivered here but we do have to remember she's exhausted she's working on numerous other cases she's not ready for  we all know what happens when people are stressed out and tired their brains don't function as well and she may have missed this possibility we would like it to gun pointed out unfortunately nobody suggests that armed with a drug it is that  well if we look at trial specifically we can tell that some siri mistakes occurred and that you know she expressed concern that she didn't understand the d n a evidence and it was clear that she did it from her cross examination of the state month earlier defender filed a motion to continue the trial of a six team the reason given is it didn't want to put the victim to the difficulty all the physical difficulties emotional difficulty associated with  this artifact and not knowing what to do with it not one thing but she didn't steal anything about that really didn't come out to try or cross examination but at this motion hearing it was just particular day the problem was as a discovery later turned out to be a date with days that he claimed he had sex with her she was at work for the consent of parents now  at trial not based on what was going on at the motion so every guy just like covers everything so it's almost like it's almost like it's something in syria bottom just because you say he didn't do it doesn't mean that  only thing you have to judge what the trial judge did on the day he was called upon to decide that motion that's all i'm talking about and that's what i think we have of course is the state where over  one prosecutor getting a little bit carried away it was a plan two different prosecutors saying very similar very parallel stuff in this with closing argument and their closing argument there is no doubt unmistakable intentional attempts to appeal to the jurors emotions in this case over and over talking about the victim's family in a case where the only dispute issue is identity talking about the victim's family talking about how it was a wonderful day when she never said it was a wonderful day and other contrasts and that  victim was found bound naked and with injuries and that sort of thing so that there was always that ok this could explain the d n a but there was someone else who came and committed the sexual assault and if you don't have the d n a of this other person  well i think obviously defense attorneys are officers the court and it's no small thing for them to go in there and represent that they're not prepared to trial if that is false that's not something that they're allowed to do this mean that i he suggested there are other cases we're not much has happened at this point and you know that she had done a lot of work in this case is there's no question she is working hard over to burn public defender's office is a major factor there it's you know it's again it's just her point out it's undisputed just hold rich i believe