in the second stage and obviously i'm not going to rehash matters that were flushed out of the briefs but it's important to note that judge commons decision essentially pigeonholed all mr cox arguments  nd we all know alternately prevail i mean i think it depends on how the evidence goes out all we're really asking for this going is the opportunity to do that i can tell you that in talking in the caucus he knows that he's going to be probably the one required to issue of the failure to present a lesser offense reckless conduct for the count of attempted murder that alleged that he tried to kill his wife with carbon monoxide there was no west or offense cherished for the carbon monoxide poisoning because there was no evidence that supported it and the defense has presented no evidence that could have supported the instruction but what about the ten possible explanation that he had that initially struck her or even stronger the second or third time intending to kill her or the jury to determine that he didn't intend to kill her however at the point when he extent that i think the strategy argument is legitimate because the defense theory which was very zealously advocated was it her injuries were caused by a fault or some other form of seeking to have a chapter where the sixteen claimed in some violation for now having kept it there is no evidence that they ever quest did it there's no evidence of when the theory was developed and so there is neither claim and you talked about financial information that was developed after the trial i think it would be amazing that someone who had been victimized by a spouse during the course of the worst proceedings would perhaps  wind down their involvement with the company that they had founded and so they were given more responsibility than did a operations to the president and building responsibility to the to the sun prior to any of this occurring they had here he signed over enough stuff that he actually had a voting interest in the corporation a lot of this financial information that was brought out in the divorce proceedings could dad have been discovered  was that the defendant did in fact harm the son's mother and that he was taking the mother's side again there would not be an amazing situation under the facts of the case you cannot some arguments or some issues with respect to the wife giving money to or doing in advertising a commercial for the state's attorney photograph in the record of her at a fundraiser for the state's attorney again this is many years after the trial there's no reason to believe them to take anything whatsoever to do with the prosecution in the defendant i think the cro with the argument is that the defense argument doesn't need to standard for newly discovered evidence in that it does bring anything that was a designer in the end of the offense and the king who discovered evidence of all of rises and falls exoneration you have to be able to bring the newly discovered evidence its material and is so compelling there would likely into a different result had we trial impeachment cannot cover it has to actually be exaggerated evidence the defense entirely failed to provide evidence that would meet that standard do you wish to address the theory of cannas being the alibis prior to going to trial i have no reason to believe that the council didn't investigate them but again on this record there's no way to determine at what point the theory was developed counsel didn't look at other people's alibis but i also have no reason to believe that counsel would have felt that it was important to push the at when he very much was pushing for the jury to but to the extent that the theory at that point was really devoted to the theory of the accident rather than to an alternative it's entirely possible that he did it and then refocus jobs sort of get the best foot forward but if his visit is all right in something that has to be considered to the defendant's own detriment or otherwise unfortunately some of the defendants i represented they want to go one way