myal understands english could be could benefit from testimony from people outside the record defense counsel perhaps jailers anybody who talked with mr miles so just because of the fact that counsel's explanation of the plea deal because mr tomorrow was able to testify at trial in english in describing the events surrounding the homicide out first again i would point out that the record has eleven three months eleven weeks before the trial we don't know how much he did improve between that discussion and the trial up defense counsel so that he needed an interpreter putting mr mile until a couple of weeks before the trial so they win a case that eleven weeks before mr to myal would not have been able to understand counsel had there not been a target or up defense counsel also explained that the reason that mr two mile legal concepts so there's a counsel said there's a big difference between him being able to describe what happened and being able to understand the rest of the legal proceedings and that's important here because really the benefit of the state's play offer which was fourteen years for murder seven years consecutive for aggravated battery turns around the understanding of the legal concepts of day for day good time and you know what constitutes a good time because it seems like a twenty one year sentence which is one year more than the minimum for murder if you don't get those legal concepts so the perry nature of the discussion of the police remain involved will concepts and that's testified in english counsel wanted an interpreter specifically stating that mr tomorrow at difficulty understanding the legal process that would be discussed at this motion to withdraw you know to the motion for the new trial so versions of what the legal discussions were there's a substantial claim here that mr tamara was not present because you cannot understand the legal discussions in this trial and the substantial claim that he could his native language and that legal proceedings are complicated in that murder trials are important he's again are not financially complicated issues it would be very easily resolved it's not going to take up a lot of trial court's time translations during trial at all therefore the record contradicts defend his claim that he could not understand the guilty plea offer that was earlier made defense counsel said in head an interpreter for all vehicle discussions and there not just a suggestion that there was one well you are good in mostly discussions those are off the record i did it's a rarity to have a record of a plea discussion and invariably a counsel who is representing the attorney via the defendant would be there and present the offer the offer was made to e mail to defense counsel so the only way that would have been made to the defendant of course was through his counsel you know i think in many cases the trial courts will have an interpreter as a matter of course the defendant who speaks any language other than english even if the attorney does meet the language just to be assured that we're meeting although the due process rights of the of the a defendant to have a translator available if necessary is the fact that something usually happens that has by our inquiry i wouldn't nations and he still wanted to waive a jury trial and i ask a question about that did he do what defendants usually do and say yes yes yes when the judge said do you understand this or are you knowingly waving is that how he answered within to make cases that is accurate so he wasn't saying yes i understand that this is what's going to happen he just said yes and my memory of that is that is accurate that in it's reasonable to leave the defendant's english improved greatly during this particular time is not reasonable to believe the defendant only became fluent in english during the eleven weeks between the police officer offer and trial at the even strike the second victim and dan so therefore defendant would to trial to prove his innocence not because he did not understand english as road record shows there's no constitutional violation as to this issue and  the interpreter was already available in it's unreasonable at at this point we're out i think almost three years from that time if you believe that the  we said this to this person at this time and i translated these words in this way and so we would not be able to learn from an evidence your hearing what interpreter had actually said to defend it that time so we would record shows that early in the proceedings definit asked to have one discussion translated into spanish on the record but the record does not show it would be interpreted in translating on an ongoing basis during any of the proceedings record only shows to translate upon request and trial defense counsel stated for the record that the interpreter was available but counsel said he did not anticipate the interpreter would be translating testimony because divinity could understand what the witnesses it's true the council said i always had an interpreter when i talked to him but that's a very general statement and it creates a factual issue and i can see there but it's a very general statement like saying she always drove well or he always was a very kind man it doesn't necessarily prove that there was in fact an interpreter at this a discussion of the please remember that mr tomorrow has warned that there was not an interpreter any good as i say will be very easy to get to the bottom of that issue  the defense counsel speak english obviously not he said he always needed interpreter up to two weeks before the trial of the students i believe that mr tomar was in jail for four months before the offer so it must have learn english before you discuss the plea again this is a question of fact that's easily resolved he defense counsel needed an interpreter up until two weeks before the trial defense counsel i mean i've gone over all those for go to trial and you have to have some sort of defense you know if you don't just roll over i mean if you want to roll over to take the plea offer no matter how bad it is so it's pure speculation that just because mr three mile mountain defensive trial that