Beginning August up to the week before trial we demanded Mr. Gilbert's deposition. They listed him as an expert. We said, finally, on September 6, if we don't get his deposition we're going to seek to preclude him. We never got his deposition. I'm seeking to preclude him here.
This is impeachment, direct impeachment, of Mr. Roesler on facts. It's not opinion. My understanding of the rule is that we can call non-disclosed experts. But he's also being called as a fact witness. So he's not an expert. He's another business agent for Mr. Simpson with regard to his memorabilia and autograph sales and he's going to directly contravene what --
The answer to that, Judge, is we didn't think you would allow the speculative, 25 years in the future of income, because it's exceedingly, I thought, very speculative, and under your present cash value --
KEY QUOTEYour Honor, first of all, we would rely on the section of the code which allows for using non-disclosed experts for purposes of impeachment of expert's opinion on fact alone.
He's going to say there's no market. And he's also a fact witness. He's going to say there's no market, he's been trying to sell memorabilia and autographs, and there's nobody out there. Simpson can't even get placed at the shows.
Your Honor, we also have two witnesses that are fact witnesses; one has a shop in Manhattan Beach, and he also attends all the shows, and he will testify --
A card shop. A memorabilia shop, excuse me. He will testify that there is no market, there is none, you can't give them away. The photographs of cards and so forth, and also him, the person, who has actually attended the card shows on Mr. Simpson's behalf, his name is Bruce Fromong. He's come down from Oregon. He also has a shop in Oregon. Again, these witnesses just would testify, again direct impeachment of Mr. Roesler's testimony, that there is no market. Roesler also testified he hasn't even contacted any of the people that actually sell the material. This is direct impeachment.
Gilbert is a whole different ball game. You made a tactical decision not to provide him for deposition and I think you have to stand by that so I'm excluding him. The other two you may call.
KEY QUOTEThe answer to that, Judge, is we didn't think you would allow the speculative, 25 years in the future of income, because it's exceedingly, I thought, very speculative
That's not very good grounds for not providing him for deposition.
Gilbert is a whole different ball game. You made a tactical decision not to provide him for deposition and I think you have to stand by that so I'm excluding him. The other two you may call.