TRIAL DAY 24 – PART 2- morning 2
SAN DIEGO, CALIFORNIA, MONDAY, JULY 29, 2002, (morning 2)
Misc instructions, requests. No testimony
8846
1 THE COURT: IN THE WESTERFIELD MATTER THE RECORD WILL
2 REFLECT THE APPEARANCE OF COUNSEL, MR. WESTERFIELD, THE
3 COURTROOM BEING OPEN.
4 MR. CLARKE: THANK YOU, YOUR HONOR.
5 THE COURT: NOW, WHEN WE LEFT OFF I THINK I HAD MADE A
6 FINDING THAT 17.01 WOULD NOT BE GIVEN. HOWEVER, I WAS GOING TO
7 LEAVE THAT DOOR OPEN FOR THE DEFENSE TO CREATE AN INSTRUCTION IF
8 THEY FELT IT WAS APPROPRIATE.
9 17.02 WILL BE GIVEN AND THE PEOPLE WILL ARRANGE TO
10 GET A COPY OF THAT. 17.02 WILL THEN BE THE LAST INSTRUCTION
11 GIVEN BEFORE YOU ARGUE. AFTER ARGUMENT I WILL GIVE 17.30,
12 17.31, THE DEFENSE —
13 MR. FELDMAN: WE WITHDRAW, YOUR HONOR. WHERE THAT CAME
14 FROM —
15 THE COURT: I’M NOT GOING TO COMMENT ON THE EVIDENCE,
16 SO —
17 MR. DUSEK: YOU WOULDN’T MIND.
18 MR. FELDMAN: I DON’T KNOW HOW THAT GOT THERE, JUDGE. IT
19 JUST SORT OF SLIPPED. WE NEVER ASK FOR THAT INSTRUCTION.
20 THE COURT: ALL RIGHT.
21 17.40 WILL BE GIVEN. 17.41 WILL BE GIVEN. 17.41.1
22 IS ON THE BLACK LIST SO —
23 MR. DUSEK: IT SHOULD REMAIN THERE. WE’LL WITHDRAW IT.
24 THE COURT: YOU’LL JUST SIMPLY WITHDRAW IT?
25 MR. DUSEK: YES.
26 THE COURT: ALL RIGHT.
27 OKAY. NOW I HAVE THE ONE INSTRUCTION ON SPECIAL
28 CIRCUMSTANCE PENALTY, AND I’M REQUIRED TO GIVE THIS ONE AS WELL
8847
1 I BELIEVE, UNDER THE CIRCUMSTANCES AS IT RELATES TO THE OTHER
2 COUNTS. SO I HAVE 17.42.
3 NOW, 17.43 WILL BE GIVEN BUT I DON’T PROVIDE THEM
4 ON A FORM. I TAKE THAT OUT, BASICALLY PUT THE WORDS IN WRITING,
5 AND I’LL EXPLAIN TO THEM HOW THEY HAVE TO DO THAT BUT EVERY NOTE
6 HAS TO BE IN WRITING.
7 17.45 WILL BE GIVEN WITHOUT THE BRACKET IF YOU SO
8 REQUEST BECAUSE I WILL BE PUTTING A COPY OF INSTRUCTIONS IN THE
9 JURY ROOM. I’LL GIVE THE BALANCE OF THE INSTRUCTION.
10 17.47 WILL BE GIVEN. I’LL EXPLAIN THE MULTIPLE
11 VERDICT FORM, SO I DON’T GIVE 17.49 IN A TECHNICAL SENSE. I
12 FIND THAT TO BE QUITE CONFUSING. BUT SINCE IT’S REQUESTED, I
13 BETTER AT LEAST LOOK AT THAT. YES, THAT’S A PRETTY CONFUSING
14 INSTRUCTION SO I’M NOT GOING TO GIVE THAT. BUT WE WILL HAVE
15 SEPARATE VERDICT FORMS FOR EACH OF THE COUNTS.
16 NOW, GENERALLY I DO NOT GIVE THE BRACKETED PORTION
17 AT THE BOTTOM, BASICALLY WAIT TILL WE SEE WHAT THE JURY DOES.
18 MR. FELDMAN: OF 17.50, YOUR HONOR?
19 THE COURT: OF 17.50. I GENERALLY DON’T GIVE THE SECOND
20 PARAGRAPH, BUT I’LL HEAR FROM YOU AS TO WHETHER OR NOT THIS IS A
21 UNIQUE ENOUGH SITUATION THAT I SHOULD GIVE IT.
22 MR. DUSEK: WE DON’T NEED TO VARY FROM THE NORMAL.
23 MR. FELDMAN: NO OBJECTION.
24 THE COURT: ALL RIGHT. THEN I’LL STRIKE THE LAST
25 PARAGRAPH AS TO THAT INSTRUCTION.
26 DID YOU HAPPEN TO BRING IN THE ADMONITION FOR THE
27 ALTERNATE JURORS?
28 MR. DUSEK: YES.
8848
1 THE COURT: SO AFTER 17.50 I’LL GIVE 17.53. THANK YOU.
2 NOW, WHILE WE’RE ON THE SUBJECT OF ALTERNATE
3 JURORS, I THINK I BETTER LET YOU KNOW MY NORMAL PROCEDURE AS TO
4 THOSE FOLKS AND FIND OUT IF THERE ARE ANY OBJECTIONS TO DOING
5 IT. I GENERALLY GIVE THE ALTERNATE JURORS A CHOICE. CHOICE
6 NUMBER ONE IS BASICALLY TO WAIT IT OUT IN THE ASSEMBLY ROOM OVER
7 IN THE HALL OF JUSTICE. BASICALLY THEY SHOW UP EACH DAY, HAVE
8 THEIR HEAD COUNTED, GO DOWN THERE AND THEN BASICALLY WAIT IT
9 OUT.
10 CHOICE NUMBER TWO IS TO BE ON TELEPHONE OR PAGER
11 STANDBY, WHICH MEANS THAT BETWEEN THE NORMAL HOURS OF COURT
12 BETWEEN 9:00 AND NOON AND 1:30 AND 4:30, THEY’RE AVAILABLE
13 EITHER BY PAGER OR BY PHONE. WITH THE UNDERSTANDING THAT IN THE
14 EVENT WE CALL THEM AND WE NEED THEM THEY’RE WITHIN AN HOUR OF
15 THE COURTHOUSE. SO THAT’S GENERALLY WHAT I OFFER. AND I LET
16 THEM MAKE THE CHOICE. AND THEN PEGGY HAS THEIR PHONE NUMBERS
17 FOR PURPOSES OF CONTACTING THEM. BUT I DIDN’T KNOW IF COUNSEL
18 MIGHT HAVE SOME OBJECTION TO THAT PROCEDURE.
19 MR. DUSEK: THAT’S FINE WITH US.
20 MR. BOYCE: THAT’S FINE.
21 THE COURT: OKAY. ALL RIGHT.
22 NOW THIS CONCLUDES THEN THE INITIAL DISCUSSION ONLY
23 OF THE JURY INSTRUCTIONS. IT’S WITH THE UNDERSTANDING THAT THE
24 FINAL DISCUSSION MUST AWAIT THE CONCLUSION OF THE TRIAL. THERE
25 HAVE BEEN A NUMBER OF AREAS WE’VE DEFERRED FOR DISCUSSION. SO,
26 LIKE I INDICATED EARLIER, DEPENDING ON WHEN THE LAST TESTIMONY
27 IS ELICITED, WE’LL GO IMMEDIATELY INTO THE DISCUSSION.
28 SO, IF YOU HAVE ADDITIONAL BRIEFING OR ADDITIONAL
8849
1 PROPOSED INSTRUCTIONS, I WOULD ASK THAT YOU GET THAT CONCLUDED
2 AS QUICKLY AS YOU CAN SO YOU HAVE THEM AVAILABLE FOR THAT
3 DISCUSSION. WHETHER YOU ACTUALLY SUBMIT ‘EM BEFORE THEN IS
4 REALLY ACADEMIC. JUST HAVE THEM HERE, BASICALLY —
5 MR. FELDMAN: YES, YOUR HONOR.
6 THE COURT: — SO THAT WE CAN BE READY TO DISCUSS THEM.
7 ONE OTHER THING I’D LIKE TO ACCOMPLISH, BUT WE’RE
8 NOT GOING TO DO IT ON THE RECORD, IS I’D LIKE COUNSEL TO MEET
9 AND CONFER ON THE DEFENSE EXHIBITS, BECAUSE IT WAS BROUGHT TO MY
10 ATTENTION WE NEVER ADMITTED AT THE CONCLUSION OF THE DEFENSE
11 CASE THEIR EXHIBITS.
12 MR. FELDMAN: YES.
13 THE COURT: SO THAT’S NOT SOMETHING WE NEED TO DO ON THE
14 RECORD UNTIL WE REACH THE POINT WHERE THERE’S SOME ARGUMENT.
15 SO WHAT I’M GOING TO PROPOSE IS THAT AS SOON AS WE
16 FINISH TODAY, BOTH SIDES MEET AND CONFER. AND PEGGY, IF YOU
17 ASK, WOULD PROBABLY MAKE THE COPY OF THE LIST AGAIN SO YOU KNOW
18 EXACTLY WHICH ONES WE’RE DEALING WITH AND THEN TOMORROW MORNING
19 AT 8:30 WE CAN DEAL WITH ANY PROBLEMS AROUND 9:00 OR 8:45. WE
20 CAN DO THE FORMAL ADMISSION AND {ARGUES|ARGUMENTS}.
21 MR. FELDMAN: YES, YOUR HONOR.
22 THE COURT: DO YOU HAVE A FEELING ON 8:30, 8:45?
23 MR. DUSEK: I WOULD ALWAYS PREFER THE LATER, 8:45.
24 THE COURT: 8:45?
25 MR. FELDMAN: PLEASE.
26 THE COURT: SO AT 8:45 TOMORROW MORNING THE ONLY THING AS
27 OF NOW THAT WILL BE ON OUR PLATE WILL BE THE ADMISSION OF THE
28 DEFENSE PROFFERED INSTRUCTIONS.
8850
1 ALL RIGHT. IS THERE ANYTHING WE CAN ACCOMPLISH
2 TODAY?
3 MR. FELDMAN: YES, YOUR HONOR, I HAVE SEVERAL MATTERS.
4 THE COURT: OKAY.
5 MR. FELDMAN: A QUESTION FIRST.
6 THE COURT TOLD THE JURY IN OPENING STATEMENTS NOT
7 TO TAKE NOTES, OR THAT THEY DIDN’T NEED TO TAKE NOTES. I WAS
8 CONCERNED THAT THE COURT NOT MAKE THAT REMARK FOR CLOSING
9 ARGUMENT PURPOSES BECAUSE AT LEAST I ARGUE THE INSTRUCTIONS, AND
10 I THINK IT APPROPRIATE FOR THE JURY TO BE ABLE TO TAKE NOTES.
11 THE COURT: I CAN TELL YOU RIGHT NOW, I NEVER GIVE SUCH
12 AN INSTRUCTION AT THE END OF THE CASE BECAUSE THEY’RE WELCOME TO
13 COMPARE THEIR NOTES WITH WHATEVER COUNSEL HAS TO SAY.
14 MR. FELDMAN: THANK YOU VERY MUCH.
15 THE COURT: SO YOU DON’T NEED TO WORRY ABOUT THAT.
16 MR. FELDMAN: SEVERAL OTHER THINGS HAVE OCCURRED. IT’S
17 BEEN BROUGHT TO MY ATTENTION, YOUR HONOR, THAT IN THE WEEK THAT
18 THE COURT WAS OUT OF THE JURISDICTION, AND ON THE SUBJECT MATTER
19 OF TESTIMONIES OF DRS. HASKELL AND RODRIGUEZ, THERE WAS SOME
20 KIND OF A SPECIAL RUNNING ON A&E, OR ONE OF THOSE PROGRAMS, ON
21 THE "BODY FARM", AND WE ARE NOW DEALING WITH SPECIFIC ISSUES
22 THAT ARE RELEVANT TO DECOMPOSITION. AND THE BODY FARM PROGRAM,
23 I HAVE NOT SEEN IT, BUT I’VE BEEN HEARING THAT IT’S ADDRESSING
24 ISSUES THAT ARE OF SOME CONCERN TO OUR CASE. EARLY ON, IT’S MY
25 RECOLLECTION BUT I COULD BE MISTAKEN, THAT THE COURT HAD TOLD
26 THE JURY IT WAS OKAY TO WATCH SOME OF THOSE HIGHER, YOU KNOW,
27 THE DISCOVERY CHANNEL OR WHATEVER SINCE THAT WOULDN’T IMPLICATE
28 OUR CASE, AND GUESS WHAT? SO THERE’S THAT ISSUE I WANTED TO
8851
1 RAISE.
2 ADDITIONALLY, IT’S BEEN CALLED TO MY ATTENTION THAT
3 IN THE SAMANTHA RUNNION CASE — THIS HAS BEEN ON THE NEWSPAPERS,
4 OUR JURY DOESN’T KNOW NOT TO READ ABOUT RUNNION. I KNOW THE
5 COURT MADE A STATEMENT BUT THEN I WAS TOLD, I DON’T REMEMBER
6 WHETHER IT WAS OVER THE WEEKEND OR LATE LAST WEEK, THAT THE
7 LARRY KING SHOW IS RUNNING CONTINUOUSLY SAMANTHA RUNNION’S
8 MOTHER COMPLAINING ABOUT A PRIOR JURY THAT HAD ACQUITTED THE
9 DEFENDANT IN THAT CASE. AND THAT RAISES ALARM TO THE DEFENSE
10 SIDE OF THE ISLE, BECAUSE WE DON’T WANT THIS JURY THINKING THAT
11 GEE, IF THERE’S AN ACQUITTAL HERE HE’S GOING TO GO OUT AND DO
12 WHAT HAPPENED IN THAT CASE. I’M NOT EXACTLY SURE HOW TO HANDLE
13 IT, BUT I THOUGHT IMPORTANT TO CALL IT TO YOUR ATTENTION.
14 I DON’T KNOW WHETHER IT’S APPROPRIATE TO REQUEST
15 THE COURT MAKE INQUIRY OF THE JURY OR THE COURT GIVE DIRECTIONS
16 TO THE JURY, BUT THE SATURATION LEVEL I THINK IS NOW BEYOND
17 ANYTHING WE CONTEMPLATED. WE’D ASKED FOR SEQUESTRATION. I
18 SUPPOSE FORMALLY I HAVE TO RENEW THAT GIVEN THIS NEW
19 INFORMATION. AND THAT WAS AN ISSUE I WANTED TO RAISE TO THE
20 COURT.
21 THE COURT: ALL RIGHT. PEOPLE HAVE ANY COMMENTS?
22 MR. DUSEK: NO.
23 THE COURT: LIKE I TOLD YOU WHEN WE RAN INTO THE PROBLEMS
24 WITH THE JURORS BEING FOLLOWED, I WILL CONTINUE TO CONSIDER
25 SEQUESTRATION AS A POTENTIAL OPTION AT THE TIME THE JURY IS
26 DELIBERATING. MY PREFERENCE STILL REMAINS NOT TO DO IT. AFTER
27 OUR PRIVATE DISCUSSIONS WITH THE JURORS THEY’RE A HEARTY GROUP
28 AND THEY DON’T APPEAR TO BE INTIMIDATED BY WHAT OCCURRED AND I
8852
1 CONTINUE TO BELIEVE IN THEIR INTEGRITY. BUT I WILL — I’M
2 CONSIDERING IT TO THE POINT I’M HAVING THE COUNTY DO A BACK-UP
3 CONTINGENCY PLAN JUST IN THE EVENT I FIND IT NECESSARY. SO THAT
4 MOTION IS RAISED AND IT’S DENIED AGAIN.
5 AS FAR AS THE RUNNION MATTER UP IN ORANGE COUNTY,
6 IT HAS BEEN BROUGHT TO MY ATTENTION, I DON’T WATCH LARRY KING
7 BUT I HAVE HEARD THE SAME THING, AND I HAVE HEARD COMMENTATORS
8 COMMENTATING ON THE LARRY KING FORMAT THAT HE USES, AND ALLOWING
9 THE VICTIM’S MOTHER TO BASICALLY BE EXPLOITED, AT LEAST IN THE
10 OPINION OF SOME TALK SHOW PEOPLE.
11 WHAT I WILL DO IS UTILIZE BOTH THE BODY FARM ON THE
12 NATURE CHANNEL AND THE RUNNION MATTER AS A KIND OF A SEGUE OF
13 THINGS TO BE CAREFUL ABOUT WATCHING. I WILL DO THAT. I THINK
14 THAT’S APPROPRIATE AND I’M MORE THAN HAPPY TO LOOK AT THAT. AND
15 SO WE’LL JUST DO IT IN KIND OF AN INFORMAL WAY AND SEE IF THAT
16 LIMITED AMOUNT OF ATTENTION TO IT DOESN’T MAKE ANYTHING MORE OF
17 IT THAN WE NEED TO.
18 OKAY. ANYTHING ELSE?
19 MR. FELDMAN: YES, SCHEDULING.
20 IT’S OUR BELIEF THAT TOMORROW THE PROSECUTION IS
21 CALLING AN ENTOMOLOGIST NAMED GOFF. I SUPPOSE HE’LL TAKE A FAIR
22 AMOUNT OF THE DAY. WE HAVE NOT BEEN TOLD PRECISELY HOW MANY
23 OTHERS. WE HAVE A LIST OF PEOPLE WHO MAY OR MAY NOT COME. MR.
24 DUSEK PLAYS FAIRLY CLOSE TO THE VEST.
25 WE’RE TRYING TO MAKE ARRANGEMENTS TO BRING
26 SURREBUTTAL WITNESSES WHO WE MAY NEED TO BRING FROM WITHOUT THE
27 STATE. IN ORDER TO ACCOMPLISH THAT WE’RE CONTEMPLATING THURSDAY
28 AS OUR SURREBUTTAL CASE. I DON’T KNOW WHETHER THAT’S BALLPARK
8853
1 OR NOT, THAT’S WHY I’M ASKING, BECAUSE WE NEED TO BRING PEOPLE
2 FROM OUT OF STATE, JUDGE.
3 THE COURT: WHAT’S THE TIME LINE, MR. DUSEK? MY
4 IMPRESSION IS THAT OPTIMISTICALLY YOU’RE LOOKING AT CONCLUDING
5 TOMORROW.
6 MR. DUSEK: WE WILL.
7 THE COURT: YOU WILL CONCLUDE.
8 IS THERE ANY WAY YOU COULD HAVE YOUR FOLKS HERE ON
9 WEDNESDAY?
10 MR. FELDMAN: NO, NOT FROM OUT OF STATE. WE CAN LOOK AND
11 SEE WHAT’S — I MEAN, THINGS CHANGE. WE WERE TOLD A NUMBER OF
12 WITNESSES EARLIER, APPARENTLY LESS NOW. I DON’T KNOW, JUDGE.
13 WE’LL MAKE EVERY EFFORT AND I CAN REPORT BACK TO YOU FIRST THING
14 IN THE MORNING.
15 THE COURT: LET’S DO IT THIS WAY, MR. FELDMAN. LET’S PUT
16 TOGETHER AS MANY NON-OUT-OF-STATE SURREBUTTAL WITNESSES YOU
17 ANTICIPATE, GIVE ME AN IDEA HOW MUCH TIME YOU MAY NEED ON
18 WEDNESDAY. THEN WE CAN EITHER GO HALF DAY MORNING ONLY OR
19 WHATEVER THAT TAKES, SO THAT YOUR PROFESSIONAL WITNESS, OR
20 WHOEVER IT IS THAT’S COMING IN FROM OUT OF STATE, CAN BE READY
21 TO GO RIGHT AT THURSDAY. BUT —
22 MR. DUSEK: IF IT’S A PROFESSIONAL WITNESS, THEY’VE KNOWN
23 ALL ALONG THAT WE’VE BEEN CALLING DR. GOFF, AND HAVE HAD ALL
24 WEEKEND, OR AT LEAST SINCE LAST THURSDAY, TO HAVE THIS
25 PROFESSIONAL WITNESS BE AVAILABLE.
26 MR. FELDMAN: WE HAVE NOT HEARD WHAT GOFF HAS TO SAY, AND
27 UNTIL I HEAR WHAT GOFF HAS TO SAY I CAN’T MAKE A JUDGMENT AS TO
28 WHETHER OR NOT I NEED TO CALL A REBUTTAL WITNESS TO THAT
8854
1 WITNESS.
2 WE’RE CONTEMPLATING BRINGING IN ANOTHER WITNESS TO
3 ADDRESS RODRIGUEZ. THAT WITNESS WOULD NOT BE AVAILABLE UNTIL
4 NEXT MONDAY. AND THAT’S — I MEAN, OVER THE WEEKEND, JUDGE, WE
5 WERE SCRAMBLING AS MUCH AS WE COULD. THAT’S ON THE ASSUMPTION
6 THAT MR. DUSEK WAS NOT GOING TO FINISH WEDNESDAY, BECAUSE NOW
7 WE’RE HEARING TODAY THAT APPARENTLY HE’S GOING TO FINISH
8 TOMORROW WHICH IS FINE. BUT OUR ANTICIPATION UNTIL THIS MORNING
9 WAS THAT THEY WEREN’T GOING TO FINISH UNTIL WEDNESDAY, PUTTING
10 US IN A POSITION FOR ME TO HAVE RAISED TO YOUR HONOR THIS
11 MORNING THAT I HAD A CONCERN ABOUT THURSDAY MORNING.
12 THE COURT: WELL, OBVIOUSLY, I WOULD LIKE TO GET THE
13 MATTER CONCLUDED AS QUICKLY AS WE CAN, YOU KNOW, AND AS
14 EXPEDITIOUSLY SO THAT WE DON’T INCONVENIENCE THE JURY. IF THE
15 PEOPLE END TOMORROW, I’D LIKE TO USE AS MUCH OF WEDNESDAY AS
16 HUMANLY POSSIBLE.
17 IT’S MY UNDERSTANDING, THOUGH, MR. FELDMAN, THAT
18 YOU HAVE THE REPORT FROM DR. GOFF SO —
19 MR. FELDMAN: CORRECT.
20 THE COURT: — YOU AT LEAST HAVEN’T HEARD HIS TESTIMONY
21 BUT YOU HAVE SOME INDICATION OF WHAT HIS CONCLUSIONS ARE.
22 MR. FELDMAN: THAT’S CORRECT. BUT THERE HASN’T BEEN
23 CROSS-EXAMINATION.
24 THE COURT: WELL, I UNDERSTAND THAT.
25 MR. FELDMAN: AND AGAIN, YOU KNOW, YOUR HONOR, IF THERE’S
26 ANY ISSUE IN THE COURT’S MIND, I’D BE HAPPY TO GO IN CHAMBERS
27 AND DISCLOSE WHAT PRECISELY I’M THINKING ABOUT, BUT I DON’T WANT
28 TO DO IT IN THE PRESENCE OF ADVERSARY COUNSEL BECAUSE I DON’T
8855
1 THINK IT’S APPROPRIATE. BUT I THINK IF THE COURT HAS ANY
2 CONCERNS —
3 THE COURT: MR. FELDMAN, DON’T GET ME WRONG. I DON’T
4 THINK YOU HAVE TO JUSTIFY IT TO ME. I’M JUST CONCERNED THAT WE
5 KEEP THIS MATTER ROLLING DOWN THE TRACK WITHOUT THE STOP-START
6 STOP-START, YOU KNOW, AS BEST WE CAN.
7 NOW, THIS DELAY TODAY WAS AS A RESULT OF DR. GOFF’S
8 PROBLEMS AND THE FACT THAT WE COULDN’T GET HIM COMPLETELY ON AND
9 OFF LAST WEEK BECAUSE YOU WEREN’T PREPARED FOR
10 CROSS-EXAMINATION. SO, YOU KNOW, IT’S GOING BACK AND FORTH BOTH
11 WAYS HERE. SO I’LL TRY AND ACCOMMODATE YOU AS BEST I CAN, BUT
12 MY HOPE WOULD BE THAT YOU WOULD PUT TOGETHER AS MANY PEOPLE AS
13 YOU INTEND TO CALL IN SURREBUTTAL FOR WEDNESDAY SO WE CAN, AT
14 LEAST, UTILIZE PART OF WEDNESDAY AND NOT BE COMPLETELY SHUT DOWN
15 UNTIL THURSDAY, BECAUSE THEN WE’VE GOT ‘EM COMING IN JUST TWO
16 DAYS THIS WEEK.
17 MR. FELDMAN: AND YOUR HONOR, THE ISSUE OF DR. GOFF’S
18 AVAILABILITY OR NOT WASN’T MINE. IT WAS HIS UNAVAILABILITY
19 TODAY. THAT WAS NOT OUR ISSUE. WE WERE READY TO PROCEED AND
20 PROPOSED THAT COUNSEL PRESENT THE WITNESS LAST WEEK, WHICH WOULD
21 HAVE MOVED THE CASE QUICKER.
22 BUT REGARDLESS, WE’RE MOVING AS EXPEDITIOUSLY AS WE
23 POSSIBLY CAN. BASED ON TESTIMONY THAT WE DIDN’T REALLY
24 ANTICIPATE FROM RODRIGUEZ, I’VE HAD TO MAKE SOME ADJUSTMENTS, OR
25 WHATEVER WORD — I HAD TO DO SOME FURTHER INVESTIGATION IN
26 CONTEMPLATION, HOWEVER YOU WANT TO SAY THAT, AND I THINK WE’RE
27 GOING TO NEED TO PRESENT SOMEONE IN REBUTTAL TO THAT.
28 THE COURT: ALL RIGHT. LET’S JUST SEE WHERE IT TAKES US
8856
1 TOMORROW AT LEAST. WE’RE PRETTY MUCH GUARANTEED A FULL DAY.
2 SO, ALL RIGHT. WE’LL BE IN RECESS THEN UNTIL 8:45
3 TOMORROW MORNING.
4 (AT 10:06 A.M. AN ADJOURNMENT WAS TAKEN
UNTIL 8:45 A.M. TUESDAY, JULY 30, 2002.)
5
–O0O–
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14 (END OF PROCEEDINGS HELD OUT OF THE PRESENCE OF THE JURY.)
15 –OCC–