We are over at the sidebar to continue our discussion since the jury is coming in. Counsel, the problem is, we're talking about a disputed fact, and that's not something that's appropriate for judicial notice. I can't do that.

What I would request of the court and of my adversary here is that we have some resolution of this. I have no desire testifying in front of this jury nor does Mr. Blasier, but our representations were made on the record at the time they introduced the board. Mr. Harmon made representations on the record as to what he didn't see or saw and Mr. Clarke I believe in an off the record discussion present in the court indicated his position was the same as Mr. Harmon. And when we had this discussion, it was very clear when the court overruled the 352 objection that I made on this issue that this would involve lawyers testifying.

But the problem is, the manipulations of this particular piece of evidence, any handling of this particular piece of evidence is crucial to both sides. So that's why I overruled the 352 objection, because the manner that things happened is relevant.

I understand that.

I'm trying to avoid climbing on the witness stand. I don't know what the Prosecution's position is, how they want to bring this out.

We're not going to stipulate. It's a disputed fact. Our view is different from the Defense view.

That's not the point.

Are you going to present this or rock?

It's been presented, your Honor. They have a witness up on the stand right now that can present their version.

That's true.

But you have a witness that can--Dr. Lee is in the perfect position to explain what happened as well. So there's not an absolute necessity that an attorney be called on this issue. So let's proceed.