containers they have them in. >> 42 minutes between when he was picked up and when they finally called for help mr. haines the suggestion is that's too long. what's your take on it? >> well i think that we look at the instance that he actually asked or requested medical attention. he indicated that he was asthmatic, that he was injured, required medical assistance. at that point or that juncture it should have been given to him. a call should have went out to 911 or through the radio system. >> is it up to the discretion of the officer? or is it automatic, mr. haines? our understanding is it's somewhat discretionary by the officer. it's not an automatic that if somebody asks like they do invoking council, if they invoke they need medical help it's not as automatic, is that true? >> right. i think it is somewhat discretionary. it is not a legal right. but it is discretionary. but the fact of the matter is is that it's a simple call.