The court prepares to play a video deposition of witness Brenda Vernich, estimated at 53 minutes. Counsel briefly discuss the identity of a third attorney (Mr. Borger) who represented the witness at the deposition, and reach a housekeeping agreement that the court reporter need not transcribe the video playback and that all objections in this deposition can be deemed overruled.
# 1 THE COURT: You may proceed.
Who is this going to be?
# 2 MR. PETROCELLI: Brenda Vernich, Your Honor.
# 3 MR. LEONARD: Your Honor, at this deposition, Mr. Kelly was asking the questions; I was also asking questions; and I believe, just for the benefit of the Court, there was a third attorney I think who may have asserted an objection. I think that was someone representing the witness.
# 5 MR. LEONARD: So it's clear to the jury who the parties were.
# 6 THE COURT: Who was that person?
# 7 MR. LEONARD: There was an attorney representing the witness.
# 8 MR. KELLY: Mr. Borger, B-O-R-G-E-R, who was there on behalf of the witness testifying, Your Honor.
# 9 THE COURT: All right.
# 10 THE COURT: How long is it?
# 11 MR. KELLY: About 45, 50 minutes, Judge.
# 13 MR. KELLY: 45 minutes.
# 14 THE COURT: 45 minutes? Okay.
# 15 MR. KELLY: I'm sorry; 53 minutes full play time, Judge.
# 16 THE COURT: Jury ready for 53 minutes?
# 17 (Videotape starts to play.) # 18 THE COURT: Can you stop that for a second.
Counsel have an agreement with the record that -- whether or not you want the reporter to take this?
# 19 MR. KELLY: I don't think it's necessary.
# 20 MR. LEONARD: I don't think it's necessary.
# 21 MR. KELLY: As long as we agree that the transcript of the deposition can be used, if necessary, in the future for evidence, sure.
# 22 MR. PETROCELLI: We have an agreement that all the objections can be deemed overruled.
KEY QUOTE # 23 MR. LEONARD: In every videotape?
# 24 MR. PETROCELLI: No, no. In this one.