to have never been arrested was gainfully employed full time was involved in sports who just happened to be in the wrong place at the wrong time with the wrong people i kind of empathize with mr lima because when my automobile is being repaired i am sometimes the tenet upon others for rides sometimes people i don't really know that well so i can understand how he found himself in this predicament confidential informant who kept trying to involve him in touching the bag with the drugs in it in transferring the drugs from where he was sitting over to another part of the car he was in the back seat in the back seat i know you see i was going in through the window yeah sam was you leaning in through the window in the back or in the front well he was leaning in from behind the driver whether he cia and lima yes that was not the first contact between the confidential informant and mr wayman first contact came when they arrived correct yes there was a brief introduction just hello how he was or who introduced to nobody overheard or record of the day would testify to the content of the conversation i don't think they did know it's not in the record there's no indication or proof place of government that any discussion about drugs was made that there's a government agent who testified that there was recognize that when the car ride containing the second car arrived that they recognized that are right i'm not quite accurately characterizing what they what he actually said but isn't that the recognition that judge fisher was qu i don't know what you call it the switch location and the staging area at the swap meet where he was driven after he accompanied the person to pick up the drugs at the storage shed so he'd seen a car beforehand i think you may have ok but only from moving in within the context of having a start of the ride with one person then being asked if they stopped somewhere and said so and so will take you the rest of the way so yeah i don't think that's a problem right so he's counting the pieces and he's trying to i don't quite know how this occurred but he's trying to place the drugs in such a way that he sort of putting the pieces closer to and i'm not sure that he's never been arrested necessarily be relevant it was relevant that that's what i'm saying you know what we would have to agree with you that he was entitled right based on your earlier argument before we could find it an abuse of discretion and then the think yes twice he refused to touch that bag and it was only his being controlled on the very kind that he tried to get them away from him and the nature of the governments and do some was through their agent the c that that he finally gave them his well was overcome any just kind of on the third request got him away from him so i believe that he had  a storage locker it was picked up but there's no showing that he looked in the bag at that time or knew what was in there i that's what i'm trying to send my understanding is he came out and he did not go into the storage locker you know he was brought out and wasn't put in the finding them anyway i believe the jury could have found that he did intend to participate in the drug transaction once he had been induced to little or persuaded to so they could i believe they could have found him guilty soccer game  i would like to reserve the rest of my  no evidence linking her with a drug transaction for say here in a case such as bath is chance really the only connection the only nexus is the fact that they found the person sitting next to the drug that that is a very good question you know you have a very good answer for why i do not think you know there wasn't a thing in abetting instruction offered here but the aiding and abetting you still have to show knowing in intentional conduct a pinkerton instruction all you have to show is that he entered into the conspiracy and that this was a reasonably foreseeable act whether he knew about it or not that's a huge difference that is correct i do not know why the government did not ask fear to not to include that if i may though in terms of evidence one aspect of the government's brief that was perhaps an oversight and we should emphasize more heavily was the fact that there was a transcript previous occasions i think through work or through stock or through some activity but he testified that he had just barely met mr romero but that was the first time that he met him and yet he gets in the car with hands and drives to this mr mr lim attempts to portray that the first time he has any clue that there's a drug transaction going on is when you get in the back seat of the vehicle and he's standing in close proximity to a conversation that is recorded between the c i and mr romero in which they are clearly talking about a drug transaction we're talking about one of these twenty nine the c i makes a comment about i think we can come to a good agreement here  two fishy things going on here and mr louima is now throwing up at hands saying well i didn't know there was a drug transactions going on you have the switching of the vehicles you have the heroin in the car with opposed to a contraband i mean if if if you your honor would take something from from off someone's car they can report it to the police hey you know someone stole my diamond here though there's not very long at all your honor he does step into the car and in the testimony reflects that shortly thereafter he a confidential informant came up to the window there was a driver in the car that mr leno was not in the vehicle by himself think the government is very sincere that that this is not a case that believes that there's thing happens when you look i assume you're sincere i mean you wouldn't prosecute the case if you have but we assume that you complied with department of justice kid who was looking for a ride and the guy who gave him the ride took him along he was the passenger he went through a storage locker bag picked up he goes another place this switch cards he winds up the place gets in the car with the guy whom he thought he was going to go home and why am i always in the middle of a drug dealer looking at all for me to figure out ok where is it in that course of conduct start to finish from his involvement are that comports with pinpointed with any type of accuracy at that point mr lima should have been tipped off he knew at that point that there was a drug transaction going down and you make no effort to walk away nobody did make an effort not to touch  on being involved or near a some test some conversation about drugs but i don't believe that there's really any evidence that shows he was near that conversation participated in that conversation or even heard the conversation that that is devoid in the record i submit that there is no substantial evidence here and that there was sufficient evidence presented