Your Honor, apparently Mr. Petee, who is a private investigator, made certain round trips last Sunday night to and from 875 Bundy, the alley, to various routes.

We were just given this piece of paper in the last 30 minutes and -- and so he is not a percipient witness, because he didn't see anything.

He's got to be an expert witness for driving his car. He was not designated as an expert. And this is after the joint pretrial statement. And he's here to testify as to how much time it took on various routes. And I object to it.

You can't have pretrial discovery frozen and have their guy go out Sunday night and do this particular experiment, and come in here and present it to the jury. I think that's inappropriate under the pretrial order and orders of this Court and the -- and the expert designation.

Number one, I don't consider this an expert.

Number two the streets are still there and you certainly have ample opportunities to run your own --

That isn't the purpose of the discovery statute, number one.

Number two, things have changed, like he goes to barricade 360 North Rockingham. That barricade wasn't there on June 24th.

He goes and comes around. That's cross.

That isn't cross; that's -- this is ambush. That's what discovery is for.