I'd like to place on the record that my client, Mr. Simpson, is going to be unavailable to this court from November 12, possibly through the end of the month, to attend the contested custody hearings that are going on relative to his children.
I've made that representation to the plaintiffs' counsel that, if they want to put him on, they have all next week or today and tomorrow and whatever, but's he's available. They've known about this for a week and a half.
I want to make it clear that he is not going to be available subsequent to the 12th, until that proceeding is over, to be called as a witness in this matter; and he won't be able to be present because of the custody hearing relative to his children.
No one is questioning Mr. Simpson's right to be down there for the guardianship proceedings.
What I point out is, we shouldn't be forced to realign or alter our order of proof in this case. And the Browns, I'm sure, would have no objection to addressing the Court down there and making any necessary arrangements that need to be made to allow for Mr. Simpson to be up here at the time we might choose to call him, rather than be down there. And I'm sure we can balance the interest of the two courts and accommodate both proceedings at the same time, Your Honor.
That's not the issue. The issue is, Mr. Simpson does not want a continuance of that matter.
He's been available, and they know it. And Mr. Kelly is representing the Browns down there, and he knows it. And they're not going to be able to, in my view, play one case off against the other.
He's here. He's available. They can put him on next week. And they know that, and they have known for some period of time that he will be in that situation from November 12.
First of all, Mr. Baker clearly knows I'm not representing the Browns down in that matter. They have other counsel in that proceeding.
As I indicated, we would not be asking about any continuance down there by the counsel representing them on that or the family, just simply a couple days off for Mr. Simpson to come up here, if need be, and appear when we decide to call him, not put the whole case off ad infinitum, if necessary.
You make your appearance down there; you make your needs known. We'll see what happens.
KEY QUOTEIf I may, we originally were asked to provide a brief on the Fuhrman transcript issue by tomorrow.
And I talked to Mr. Gelblum, and he has agreed, if it's acceptable to the Court, that we put that off for ten days, till the 13th of November, if that's acceptable to you. This is an issue that wouldn't be putting the evidence in until we begin our case, and I would ask the Court's indulgence in that matter.
One other final thing, Your Honor.
We had filed a little, short statement this morning on the Kelly Frye issue, asking for the hearing on Tuesday, if necessary, that's apparently the witness's only available slot to come in and testify.
He's here. He's available. They can put him on next week. And they know that, and they have known for some period of time that he will be in that situation from November 12.
We shouldn't be forced to realign or alter our order of proof in this case.
You make your appearance down there; you make your needs known. We'll see what happens.