Yes, Your Honor, as of Saturday, the deposition of Terry Lee was taken. And that was the witness who you may recall they had designated as a witness by the name of Karnes. We had noticed Mr. Karnes' deposition.
That deposition was taken on Saturday, and Mr. Lambert would not produce the notes of Mr. Karnes, saying we weren't entitled -- Mr. Lee, Terry Lee, saying we weren't entitled to those notes.
Now, obviously when we had noticed the depositions of their experts, we, like they, had noticed the depositions for all the writings, everything. And because of the Court's allowing Terry Lee to be deposed late, we didn't send out any notice.
Mr. Lambert wouldn't allow those notes to be turned over to us. And what I would request of the Court is that the notes be turned over to us pursuant to your order that after we have reviewed the notes, we'd be allowed to retake his deposition at their expense if there's anything in the notes that we deem that -- requires us to take his deposition.
As Mr. Baker admitted in his argument, Your Honor, they never requested the notes, never requested anything of Terry Lee.
And, in fact, what these notes were, I myself have never seen them; they were simply some notes he took when he was reviewing other documents. They're not a report that he generated; they're not his opinion; they're simply notes.
And in fact, as it turned out, Mr. Blasier asked him extensive questions about the notes, and Dr. Lee read from them to him during the deposition.
So he's effectively already examined him on the notes. But they didn't formally request them, and I've never seen them. I really, I suppose, don't have a problem with asking him to copy them and turn them over to both of us, if that's what they want to do. But I don't think there's any need for further examinations, since he's already examined him on the notes anyway.
I specifically asked for the notes. Mr. Lambert said he was instructing the witness not to turn them over. I did not question him on the notes. We'd like an opportunity to get the notes and reopen the deposition, if necessary.
KEY QUOTEOkay. The Court will order that the notes be made available to the defense, and upon defense's examination, should further deposition be necessary, you may have them.
Thank you.
Just one other thing, Your Honor. And I apologize for those housekeeping matters, but we're in a situation where we're supposed to, as you know, and I think the Court is aware, get the witnesses three days before the witness gets to the witness stand, and have three days' worth of witnesses, so that we can prepare and they can prepare, et cetera.
We're not getting anything except -- and I understand the complexity of putting on a case of this magnitude. I think it's still important that we get the witnesses in the order that they're going to put them on.
Now, sometimes they have to be changed. I can understand that; but we're not getting the witnesses and we're not getting three days' worth of witnesses. And we need to be ready so that we can proceed and they can proceed in a timely fashion. And that's the Court order and I'd request that it be enforced.
You know, I don't think it's appropriate to bring these things up on the record. We've had ample discussions about this.
I've given him all the witnesses for the week, not three days, for the whole week, in the order in which they will be presented.
And we have a hearing that we requested on Thursday regarding Park Dietz on the Kelly Frye issue.
And we have Dr. Spitz on Friday. We have the glove witnesses. We have the conclusion of Fung. We have Brockbank; we have Scull's deposition; we have another deposition.
I gave him all the witnesses as I gave Your Honor yesterday afternoon, and I gave them to him last Friday, gave him a couple more on Saturday, and a couple more yesterday, to round out the week.
And just so the record is clear, next week we're going to be doing all the blood and DNA witnesses: Robin Cotton, Gary Sims, Renee Montgomery, and Colin Yamauchi. And if we still have time left -- we only have a four-day week next week -- we will be going to William Bodziak to round out for the next two weeks, and Doug Deedrick, as well.
Would you -- excuse me. Would you endeavor to ensure that the order in which they are going to be presented be made known to the defense.
Now, what is this about Thursday? I thought yesterday you told me you weren't going to have a hearing.
That was a presumptive test hearing. This is on the witnesses who will testify about what they call profiling.
Park Dietz is an expert witness that we want to call and we would like to have that hearing Thursday morning.
Your Honor, Mr. Dutton -- I don't think Dr. Dutton is available on Thursday. I haven't cleared his availability.
I haven't checked his availability, Your Honor.
They're different kinds of opinions; they're entirely different.
I say "really" not to demean your position; but you know I did read those moving papers, and that's why I say "really," when you say they're different. You know I'm not speaking from ignorance; I read your papers.
Well, Your Honor, the moving papers were filed by the defense and they only talk about one witness; that's why you possibly have the impression --
No, there's reference to both of them.
Okay. Let's get on with this one.
Bring the jury in, please.
You're busting up our furniture.
I say 'really' not to demean your position; but you know I did read those moving papers, and that's why I say 'really,' when you say they're different. You know I'm not speaking from ignorance; I read your papers.
Next week we're going to be doing all the blood and DNA witnesses: Robin Cotton, Gary Sims, Renee Montgomery, and Colin Yamauchi.
I specifically asked for the notes. Mr. Lambert said he was instructing the witness not to turn them over. I did not question him on the notes.