I was present at the Scull deposition with Mr. Baker in Buffalo, New York, and he had a man by the name of Pat Clark, from Hy Zazula Associates present at the deposition. A break was taken, and Mr. Clark, with a magnifying glass and some lights, looked at the negatives and looked at all the subject photos while we're at the Scull deposition, over a period of time in the course of the deposition. And his name is identified right here (indicating) on the record.

What is the relevance of that—

Now, because—

-- with regards to this witness?

We're entitled to know whether this witness is aware of the fact that there has been another examination of that photo by the defense, and what that expert's opinion was—that expert opined that it was an authentic photograph, Your Honor.

You may ask him whether or not he's aware of an opinion by somebody else in forming his own opinion, but that's it.

Whether he's aware—

You can't get into the fact that some other expert examined it through this witness.

If he's aware of it—

Your Honor—

He relied on this deposition. He read this deposition. That was brought out on direct examination, that this is one of the pieces of information that he relied on in rendering his opinion.

In the transcript, it says that—it refers to the fact that he examined the photographs, Mr. Clark, and he's read this deposition.

Wait.

Your Honor, we're entitled—and we had, because we had never seen this photo, and we were entitled to, and had a consultant there. That consultant was never named as an expert in the case; he was simply a consultant and to help me—I'm not a photo expert—to ask questions. And he did certainly look the at the photo. They're not entitled to any—ask any questions about consultants that we had.

Did this consultant testify?

No, he never testified, Your Honor.

Then what's the relevance?

Whether he relied on anything that person said or did, which is part of the deposition on which this witness relied upon in giving his distinct opinion.

Just a minute. Show me where he stated an opinion.

Whose opinion?

He didn't.

Their expert.

He did not state an opinion. This fellow, on direct, stated as part of his testimony, that he relied on this deposition transcript.

Excuse me. What is it that he relied on with respect to the other expert?

That's what we're trying to find out, when he talked to him.

Excuse me?

When he talked to—

Did the expert say anything about those photographs?

Did this fellow—

Yes.

-- talk on the record? No.

Then it's sustained.

On what theory?

On the theory there's nothing in here which he relied upon with regards to his opinion.

Suppose this fellow had a conversation with Mr. Clark?

Why don't you ask him that.

That's what we want to ask him; that's what we're trying to do.

I'll represent to the Court they've never spoken.

Fair enough.

Your Honor, why didn't they ask him that at his deposition? He never spoke to him.