Let me tell you what to expect. I apologize to the Court. As the Court knows, I was out of town. Did your Honor receive a redacted copy of the original tapes turned over by Messers. Schwartz and Regwan? Is that correct? And I understand that your Honor was not given the first 48 pages; is that correct?
I brought that down for you this morning, and let me see if I can explain the confusion and tell you where we are and how we straightened it out. Of course the Court is aware that we overoptimistically said we would be able to get you a verbatim word for word transcript of this pretty quickly. That is now finished and by the end of the day Mr. Douglas will walk through those doors with hopefully a redacted verbatim transcript and an offer of proof that is key to our transcript. With regard to Miss McKinny's transcript, some of the pages are off. We had discovered this in North Carolina. Also, as the Court is aware, the first tapes have been--the first tape had been taped over and she had--the first 48 pages apparently you hadn't been given, and I discovered that last night when I returned and I gave those to your Honor's clerk this morning.
Well, I spent several hours this weekend. At first it was so incoherent I couldn't figure out what was going on, but I figured since time was of the essence I ought to at least try to make some sense of it.
After going through your offer of proof and trying to correlate it with the tape and the transcript, I couldn't do it, and I don't think it is my obligation going through twelve hours of tape looking for particular excerpts.
It certainly isn't. These items are on the tapes and it is important that you be able to hear them. And I have asked today Messers. Jerry Uelmen, Bailey, Douglas, are keying the offer of proof to the tapes and to the first transcript, of course, which is not on tape which she did, and you will have them by five o'clock. In addition to that, you are aware that we have cleaned up all but three of the tapes for background noise and I understand that by ten o'clock tomorrow morning the remaining three will be cleaned up, so you will have those, so you will have the--everything.
I will have clean cassettes and a coherent transcript and an offer of proof that is keyed to the--
By five o'clock and the remaining three transcripts will be here by ten o'clock tomorrow morning. Okay. And I apologize that the Court had to go through anything that caused you any problems because you got a flavor for it, but we want it to be so that you will understand exactly where they are keyed directly in and we will have it. And while we are about that, I would like to find out, just for a matter of scheduling witnesses, how you plan to do that. Let's assume that you have that--the offer of proof and the transcripts and everything in it, you will have our brief--we filed a brief regarding the admissibility of that this morning. What would be your Honor's pleasure? When will we get to the 402 hearing, given that schedule that I just laid out?
Well, see, that is the dilemma, because I had hoped to spend this weekend doing all of that, reviewing the tapes and comparing it and then hearing argument and considering the Prosecution's objections, because I didn't want to lose the jury time.
But now it appears I'm going to have to use court time and my own after hours time to do this.
All right. We will be ready as much as we can to have witnesses to fill in at least until you reach the point where you say, okay, let's do this.
At first it was so incoherent I couldn't figure out what was going on, but I figured since time was of the essence I ought to at least try to make some sense of it.
I don't think it is my obligation going through twelve hours of tape looking for particular excerpts.
I discovered that last night when I returned and I gave those to your Honor's clerk this morning.