Petrocelli and Leonard clash at the bench over hearsay issues in deposition testimony being read to the jury. Judge Fujisaki rules that the disputed testimony constitutes double hearsay — a witness testifying that Phillips said he contacted someone who said a room wasn't made up — and Petrocelli adjusts which pages he will read. Leonard accuses Petrocelli of violating their prior agreement to keep hearsay out.
# 1 (The following proceedings were held at the bench:) # 2 MR. LEONARD: Thought you weren't -- I thought we had an agreement, he wasn't going to go into hearsay --
# 3 MR. PETROCELLI: I'm not --
# 4 MR. LEONARD: -- That elicit hearsay.
# 5 MR. PETROCELLI: Where?
# 6 MR. LEONARD: Which one you going to do?
# 7 MR. PETROCELLI: Page 19, line 1 to page 19, line 10.
# 8 MR. LEONARD: No, you skipped that, didn't you? That is hearsay. We spoke to general manager blah, blah, blah, blah.
# 9 MR. PETROCELLI: Did I just do it?
# 10 MR. LEONARD: No, you didn't. You skipped it.
# 11 MR. PETROCELLI: No. I read that one. That one wasn't the problem. I just read that one. The next one I indicated was page 21, line 6.
# 12 MR. LEONARD: It was your understanding that's from hearsay. That part.
# 13 MR. PETROCELLI: That's his statement. Why don't you read the answer, Your Honor, starting on page 18.
# 14 THE COURT: Starting at page 18?
# 15 MR. PETROCELLI: I want to read from page 21, line 6 through page 23, line 4.
# 16 MR. PETROCELLI: Just background.
# 17 MR. LEONARD: I don't care. It's hearsay. If you want that in here, I want my hearsay.
KEY QUOTE # 18 MR. PETROCELLI: I don't think it's hearsay.
# 19 MR. LEONARD: That's -- he's responding to a call.
# 20 THE COURT: He's testifying about that he heard from Phillips that the room --
# 21 MR. PETROCELLI: One at time. I can't hear the Judge. I can't hear what the Judge is saying.
# 22 THE COURT: He's testifying that Phillips said he contacted somebody who said that the room wasn't made up. That's pretty clear hearsay.
KEY QUOTE # 23 MR. PETROCELLI: Okay.
# 24 THE COURT: Double hearsay.
# 25 MR. PETROCELLI: Okay. Your Honor, take a look at -- I want to cut through this now. Page --
# 26 THE COURT: It's hearsay of Phillips and hearsay of somebody who talked to them.
# 27 MR. PETROCELLI: What about 22, line 11, Your Honor?
# 28 MR. PETROCELLI: That question and answer. I'm trying to get him into the room.
# 29 MR. LEONARD: Well, get him into the room.
# 30 THE COURT: I -- you can get him in the room.
# 31 MR. PETROCELLI: I can't. This is how he described it. I can't make it up.
# 32 MR. LEONARD: I'll stipulate he went in -- he went in the room, made observations.
# 33 THE COURT: I think Mr. Leonard's objecting to the fact that the answer includes the statement that the room was made up.
# 34 MR. LEONARD: Right. They're just going right to that question.
# 35 MR. PETROCELLI: Which question?
# 36 MR. LEONARD: Line 20. Fine. I don't care about that.
# 37 MR. PETROCELLI: Do you have a problem with 23, line 9?
# 39 MR. PETROCELLI: Okay. Then I'll read that, then I'm going to go to 26, line 18.
# 40 MR. LEONARD: Not really. I don't know what the relevance is.
# 41 MR. PETROCELLI: It's just establishing foundation.
# 43 MR. PETROCELLI: Then we're going to go to page . That starts his observations.
# 44 MR. LEONARD: Just -- I thought we had an agreement for hearsay. That's my only problem.
# 45 MR. PETROCELLI: I'm trying to keep it out.
# 46 MR. LEONARD: Do a better job, will you?
KEY QUOTE # 47 (The following proceedings were resumed in open court in the presence of the jury:)