>> you have got the evidence at trial. you have got the asking the judge for it, arguing it for the trial and asking it at the end. the jury three times asked the judge to charge them on the exemption because they knew what was going on. >> because it was mentioned even in the opening argument by the prosecutor in that defense. the jury was begging to hear it. >> we have a statement to the judge. the judge basically says in response to the jurors and your request for this exemption, i have ruled as a matter of law that the defendant is not entitled to have you consider whether he is entitled to an exemption from the permit requirement based on the argument that he was moving. that is a legal determination for me to make. >> why do you think he said that? >> he was not really happy with