In terms of scheduling, Mr. Baker, are you going to make an opening statement, or are you going to reserve it until it's time you put your defense on? You may do that if you like.
And with regards to the deferring of the issue that I did, let me just simply state that should it result in the court ruling permitting that evidence, having foreclosure from referring to that at the present time, you may at such time before you present your defense and make opening statement in that regard.
Petrocelli now, in his opening statement, has told the jury at least three things that come from Mark Fuhrman's lips: He told him Mark Fuhrman was asleep. Only Mark Fuhrman can testify to that. He told them Mark Fuhrman alone found the glove. Only Mark Fuhrman can testify to that. He told them Mark Fuhrman found the Rockingham glove alone. And he testified, or he told the jurors, that Fuhrman was the interrogator of Kato Kaelin, and that was after the testimony. And this is after the other Detective had left. I think he has opened the door to the issue, and I think I ought to be able to do it in my opening. I will submit, Your Honor, Mr. Petrocelli was very careful, Your Honor, to only confine my remarks about Mr. Fuhrman to evidence that will be elicited from witnesses other than Mr. Fuhrman in every single case. For example, Mark Fuhrman was asleep. He was called by officer Ron Phillips, and Ron Phillips will so testify.
KEY QUOTEPetrocelli now, in his opening statement, has told the jury at least three things that come from Mark Fuhrman's lips: He told him Mark Fuhrman was asleep. Only Mark Fuhrman can testify to that. He told them Mark Fuhrman alone found the glove.
Okay. Order remains.
I will submit, Your Honor, Mr. Petrocelli was very careful, Your Honor, to only confine my remarks about Mr. Fuhrman to evidence that will be elicited from witnesses other than Mr. Fuhrman in every single case.