please the court my name is linda val i represent stephen byrne i'd like to request one minute for rebuttal this case involves the failure of the trial court and defense counsel to take steps to number of red flags during the course of the proceedings that indicated that there should have been and hearing regarding mr byrne found confidence first of all the facts of the  outside of the casino they have no value whatsoever he dropped the chips before leaving the casino when he was approached by security and then he displays a gun he tells the police that he was doing this a mission essentially that he wanted to kill himself that information was included in a rust report which was provided to the court so the court had that information to begin with insistently at the preliminary also information regarding his competence and now at that point he had pled guilty but the judge had not actually you know in a judgment of conviction and in that report it says that he has always suffered from severe depression he's guilty had or that he felt that he had no choice mr berman felt that his lawyer was not pursuing any sort of defense on his behalf and obviously the defense in this case would have been some sort of diminished capacity unfortunately mr mom was never given the opportunity in the state court to develop any unfinished facts in his conviction he was given her lawyer nor a hearing what relief sentencing he indicated he was off the medication and his counseling the care that was probably an overdose of medication that may have caused his problems earlier so he kind of goes both ways he's fine when he's on medication and he's ok when he's off the medication as well i would like to mention one thing though in regard to the effect of systems claim and that is that his trial counsel did file a motion percent his requests if you look at page sixty two of the  excerpt of records defense counsel filed a motion in the district court asking the court oh or his client so that he can go ahead and obtain some mental health counseling so to allege that he didn't do anything r whether he became his records look to see i gather you've been confined and i'm often in some kind of institutions mental for mental problems counsel as far as we know didn't clock the time of the defendant committed the crime it's clear based on the evidence you know exactly what he was doing he purposefully walked into the m g m he was carrying his badge of an employee he purposely defense counsel got a look at that the sigh you know is that something that he wants to pursue or after talk to us why did he want to trying to if they were hearing somewhere in the state court in the district court we might well find out the right in front cross examine witnesses and he was waiving all those rights in addition to that there's evidence in the record indicate mr by his own motion was actively involved in helping thing that you know people can work very hard on you know making sure that they're receiving things that clearly on their teeth were going employ i mean they can work very hard on things that we don't know what it is they're working on well the standard is doesn't investigate that independent of talking to his client who is supposedly not in the best of mental health attack and possibly comport with with the standards we expect a defense attorney well one thing what in which you put before us indicates that i think that the two motions that mr birnbaum filed to try to get rid of his lawyer indicate that he would have done something different he felt like his lawyer wasn't doing anything for him and that was of grave concerns this was a lawyer who two and a half weeks after mr burnham was telling police i committed this robbery because i want to die is waning