Peter Gelblum begins cross-examination of defense photo expert Robert Groden by immediately attempting to establish that Groden was not the defense's first choice — implying a prior expert (Pat Clark of Buffalo, New York) had already examined the photographs. The question was objected to, and before Gelblum could complete it, the court reporter flagged she missed it; Baker moved to strike and prevent repetition, which the judge granted, sending both counsel to the bench.
# 1 THE COURT: Okay. You may cross-examine.
# 2 MR. GELBLUM: Thank you, Your Honor. CROSS-EXAMINATION BY MR. GELBLUM:
# 3 Q: Morning, Mr. Groden.
# 5 Q: You're aware, sir, aren't you, that you're not the first person the defense hired to examine this photograph?
KEY QUOTE # 6 MR. LEONARD: Misstates the evidence, Your Honor.
# 7 Q: You're not aware what your—that the defense retained a man named Pat Clark, who took the photographs—Buffalo, New York—
THE COURT REPORTER: Your Honor, I didn't get that question. I'm sorry.
# 8 MR. BAKER: Since it was stricken, we ask it not be repeated.
# 9 THE COURT: No, you will not repeat it. You will approach the bench.
KEY QUOTE # 10 MR. GELBLUM: I will, Your Honor.