the testimony questions were snapped crap or wrong can't we get around their problem i seen the evidence through other sources was overwhelming and therefore this was simply right and i a person the state is striking people of color and it's better we see the state trying to parse out the factories and justify it with race neutral reason sale it's at this point we do have the state providing those reasons which do affect cheryl so it is it your contention that the a s e saying i didn't know she was hispanic when the person who's in the i would i would argue that it's not sufficient your honor out we just we have the states waving that issue sort of here and moving around it and then you have the judge sort of prompting you know give me race neutral reasons and then we push them out even more where we have we have jury selection finalizer after this and at the end of jury selection back in chambers when they impaneled the full jury we even have judge nelson saying any comments or criticisms and there does not justify a wrong on a bat's an objection a prima fascia case rather there has to be more and there is not more presented either we need to have an ache and it's in chambers and things are moving rapidly we we do have a state who just can't be in openly wants to testify the grand juries so in that sense the state waves they move on to providing the race neutral reasons and defendant doesn't out of jacks to those reasons because they're certainly not think this court can it can make a ruling based on this record and certainly see that the work on who the trial judge who was in the position to gauge the legitimacy of the prosecutor's credibility and statements at the time on this record alone should you not agree with the people in that sense i would argue that you only remained for a third stage out ruling a concert keeps referring to a third stage in clearly that to play is not what i be the case i would ask that the record that it come back to you based on judge wilson's ruling and the fact that he had everything before him i think that he would make the same ruling that he did that there was is if i may move on to the second issue regarding officer webb's testimony i answer what's testimony will certainly admissible because it went towards the course of this investigation in this recent murder importantly is i'm judy he's in uniform he is working for the travel police it's moments later that he receives a fan call from antonio cox that his brother has just been shot and then after after you had a conversation with antonio did you go anywhere else or was indicates that he goes to defendants or drafts and that's because in tony i had informed him that that was the address where mr elliot stayed and that's who shot his brother cell if we were to just hear that he went to this address it would be as if the investigation fell out of thin air he went to the suggest because antonio told him that's where the defendant lived and that's who had just shot on the record here he immediately sustained it and he sustained and he sustained it as to the latter question regarding identification stealing but again it's not being submitted at this point for truth it's  certainly in their testimony it was not significantly impeached as defense counsel would have this court believe it was in fact credible they did not know this back then and they saw all these events transpire and the same day of the shooting  go to the police department they make the see through is identify different info areas and in a physical lineup the very same day hours later so certainly here we have evidence that is overwhelming how far he was from anthony katz that doesn't discount his testimony that he saw anthony x get shot in front of him he was eight feet maybe was ten and he was he was right there this occurs at sixty six place and hall stead and we have really right and antonio chest heading there heading east and sixty six place and then at the corner there we have i'm tyrone shields ten a who's a friend of the victim who runs into arm and they're standing at the corner of victim in tyrone shields arguing about the metapad and we know from willie's testimony mr wright that he can see them and they're sort of there waiting for them to figure out who's going to write this note having come along in durham so they see rm defendants conviction for the reasons stated here before you and for the reasons stated in the people's free thank you