good afternoon yours may please the court i'm there alone and i represent michael berry who's the if and only in this case a race three issues in my brief but i intend to focus today on the first issue which i believe is relatively more nuanced the second and third issues are the straightforward two particularly nuances of the first issue which is the single i want to say that if occasion based on a less than two second glance was insufficient to prove beyond a reasonable doubt that michael barry personally most important factor because of course a witness can at be expected to reliably identify somebody they didn't get a good opportunity to see for a variety of reasons now the facts in the record relating to this first element are again louis testify  he also doesn't buy that the shooter was behind a door at least slightly behind the door not really clear how much but it's at least partial partially obscured the evidence in the record concerning you the the white conditions or the distance is a picture of a camera which in biggest fact here is the witnesses degree of attention and as i just noted wasn't focused on the shooter is now looking in that direction walking out the door headed out of the building and the shooter was not in the direction that he was headed again he only looked in the direction of the shooter for detracts from an identification that the degree of attention is on the weapon and not the face in the identity of the person shooting the third or specter is the accuracy of the witnesses prior scritches and this is a particularly bad fact for the but he had a great opportunity to view him there was a great degree of attention and he immediately identify where is the shooter deny him if i somebody else who did it in a short period of time there was no weapons fodor's issue that we better case maybe that would be enough to sustain the the fish factors the length of time between your friends and the identification and we've already gone into that about how it was not a new identification of barriers and sure in fact unishe identified somebody else of the shooter and then there were interviewing hours before the first time scene in that he associates with the perpetrators again this is the circumstantial evidence we're firms you hear there is a candle and there's evidence that he says he did with these two hundred or two other individuals significantly though in this case the observed both defendant handy out inside minutes earlier for a longer period of time than two seconds when he was in facing the shooter minutes later he would be able to tell in one lance which guy it was and under cruise a short la overhead lights were strong enough to interfere with the photo and that's the case for seventy five the record there is no testimony that the reason we doors will open are that the reason a flash is new used was because the sterile is so da that in fact if you think about taking pictures and indoors they always look darker than the actual conditions and that's why moon flashing doors factor to the degree of attention a jury could find that the victim would be paying a high degree of attention to someone of the witnesses degree of attention would have been high on being robbed similarly here the degree of attention would be high with being shot at the clemens case the court found that the nervous witnesses degree of attention supported the reliability of an identification thirty three accuracy prior descriptions here they didn't even accurate prior description in only three to four hours after the shooting the victim is speaking with police and i believe this is happening in hospital not at the police much pointing a gun on you that draws attention to the person pointing the gun that's wrong as a matter of fact scientific evidence is undisputed that that be the same say the sun rises in the west and sets in the east it's clear that that's not the case stairwell as shots were fired that's not his testimony that's not his statement he says the five of the three of them came into the building after this physical tussle and went upstairs just by that barry did not stop on the second floor but that he went up to the third floor