the name is donald simmons, the tough at november 27, 2008, speed said. so he was the light on election day, hamilton said, his vote should count against the eight said yes. three weeks later when the judges come to the absentee ballots, donald simmons vote was counted. he was one of the 312, so it's pretty -- that is what organization is and determination. most of you know i'm not really a political pungent but i'm kind of a recovering sports writer and i stumbled into the story. i had no idea about elections or recounts but exports there are personalities and politics and that was sort of why i felt it felt like i was back in the sports world to read a lot of guys, that's for sure. there were a lot of errors and big plays. the hamilton-simmons moment was a big play. there were offenses and defensive errors, there were accounts of the table. but this really was in a game and this wasn't for a trophy and for minnesota it was about a statewide identity because we are a state the tories how people think about us and we have this complex of how we are doing

the exhibit was the absentee ballot of donald p. simmons cast on october 29, six days before the election. in as polite but lawyerly a way as could, hamilton conducted a money know tone examination of manski. mr. simmons properly completed the absentee ballot application form,. yes and properly pleat completed the absentee ballot outside envelope. yes. mr. simmons was a properly registered voter at the time he registered the ballot, was he not. manski paused, looked at his papers. ramsey said do you know if he was a properly registered voter. manski said i don't know that. the reason i say that, i looked up the voter record, he has dezested status. what we don't know since this was printed out recently, if he was eligible on election day. so they don't know whether or not donald simmons was alive on election day. what do we need to figure out, hamilton asked manski. as long as you're alive at some time on election day, your ballot should count. this is not chicago. and manski says yes, that's what we need to figure out. and hamilton repeats

so they didn't know if donald simmons was alive or not on election day. what do we need to figure out, hamilton asked minsky? what they need to figure out is as long as you're alive at some point on election day, your ballot should count. this is not chicago. last night and ski says yes, this is what we need to figure out. hamilton repeats, we need to figure out is a time or date of his death? yes. so, that exchange is over. hamilton was onto the next exhibit, but members of the franken staffer watching the trial on the uptick, the c-span of i call it the psychedelic c-span in the book, but it's a computerized tv channel here. and they quickly ran over dfl headquarters to st. paul, look for donald simmons death certificate and lunchtime were back in court. manske is back on the stand and hamilton offers exhibit at 3007 into evidence and its simmons just acquired death certificate. hamilton shows it to minsky, let a step back. donald simmons was 65, an african-american guy who had liver cancer and came to get a transplant. his children were here. he really