I THINK THIS IS VERY UNFAIR, YOUR HONOR. I DON'T THINK YOU NEED TO HAVE THE TAPE TO HAVE THE JURY FOLLOW ALONG THE TRANSCRIPT OF THE CONVERSATION THAT THIS WITNESS IS A PARTY TO. I COULD HAVE HAD HIM GO THROUGH THE WHOLE THING, LET THE JURY READ ALONG WITH HIM. AND THERE IS A COMPLETE CONVERSATION IN THERE. HE CAN TESTIFY TO ALL OF IT. THE COURT REFUSED TO ALLOW ME TO DO THAT.
THAT'S NOT CORRECT. WHAT I REFUSED TO ALLOW YOU TO DO WAS SHOW THE TRANSCRIPTS TO THE JURY. I ASKED YOU IF YOU WANT TO USE TRANSCRIPTS WITH THE JURORS, WHY DON'T WE PLAY TAPES SO THEY GO ALONG WITH THE CONVERSATION. THAT'S WHAT WE DO THAT FOR. I ASKED YOU SPECIFICALLY ARE YOU GOING TO PLAY THE TAPE. YOU SAID NO, YOU DON'T HAVE THE TAPE.
WAIT. I WOULD LIKE TO -- IS THE ENTIRE CONVERSATION BEING DEEMED ADMISSIBLE BY THE COURT?
NOT WHAT IS ON THE BACK OF THE TRANSCRIPT HOWEVER. WHAT IS THE LAST PAGE OF THIS DOCUMENT?
THE COURT WILL NOTE THERE IS A NOTATION ON THE BACK OF THIS TRANSCRIPT. IT IS NOT PART OF THE TRANSCRIPT AT ALL.
ALL THAT IS, YOUR HONOR, IS THE ONE-MINUTE GAP THAT EXPLAINS WHAT THE TWO OF THEM ARE. THIS IS THE WAY IT CAME. I DIDN'T WANT TO MARK IT AT ALL.
I HAVE REVIEWED THE TRANSCRIPT OF BOTH CONVERSATIONS, THE TOTAL OF WHICH IS SEVEN PAGES. WHAT'S THE OBJECTION?
YOUR HONOR, YOU KNOW WHAT -- LET ME ASK LEAVE OF THE COURT FOR THIS. COUNSEL HAS NOT EVEN BEGUN CROSS. I WOULD LIKE TO TAKE -- SINCE THE COURT IS GOING TO ALLOW THE TRANSCRIPT, THE PEOPLE ARE GOING TO WITHDRAW THEIR OBJECTION. I WOULD LIKE TO FINISH TAKING DETECTIVE PHILLIPS THEN THROUGH THE TRANSCRIPT. I WOULD HAVE DONE IT ON DIRECT IF WE COULD HAVE PERMITTED THE JURY TO HAVE THE ENTIRE TRANSCRIPT. SINCE I KNOW THEY WILL NOW, I WOULD LIKE TO GO THROUGH MORE PORTIONS OF IT BEFORE I COMPLETE MY DIRECT EXAMINATION. COUNSEL IS NOT EVEN INTO CROSS YET. AND THEN SINCE COUNSEL HAS THE TAPE, I'M NOT OBJECTING TO IT BEING PLAYED, BUT I WOULD LIKE LEAVE OF THE COURT TO COMPLETE SOME MORE EXAMINATION SINCE THE JURY IS NOW GOING TO BE PERMITTED TO SEE THE ENTIRE TRANSCRIPT.
WELL, YOUR HONOR, THAT IS WHAT REDIRECT EXAMINATION IS FOR. I'M NOW PROCEEDING WITH MY CROSS-EXAMINATION. I SHOULD BE PERMITTED TO DO THAT, YOUR HONOR, AND THIS IS OUTRAGEOUS. WE HAVE PREPARED THIS. I AM PREPARED TO GO FORWARD AND THERE'S NO OBJECTION TO THIS, YOUR HONOR. SHE'S USED THIS. I WOULD LIKE TO PROCEED IF I MIGHT, YOUR HONOR. I HAVE NO PROBLEM WITH THAT LAST PAGE. THAT CAME WITH IT. I DON'T CARE ABOUT THAT LAST PAGE.
THANK YOU. BUT, YOUR HONOR, I WOULD HAVE GONE MORE DEEPLY INTO THE TRANSCRIPT HAD I KNOWN THAT COUNSEL WAS GOING TO OFFER THE ENTIRE DOCUMENT. WAIT. WAIT. LET ME FINISH, PLEASE. I WOULD HAVE GONE THROUGH IT PAGE BY PAGE HAD I BEEN ABLE TO ALLOW THE JURY TO FOLLOW ALONG AND GIVE THEM THE ENTIRE TRANSCRIPT AS PREVIOUSLY REQUESTED. BUT ALL I WOULD LIKE THE OPPORTUNITY TO DO NOW IS TO TAKE THEM FURTHER THROUGH THE DOCUMENT. AND I'M GOING TO WITHDRAW MY OBJECTION, SO COUNSEL CAN PLAY THE ENTIRE TAPE FOR THE JURY. IF I HAD IT HERE, I WOULD HAVE PLAYED IT. WE DIDN'T HAVE IT. BUT I WOULD ASK LEAVE OF THE COURT TO SIMPLY COMPLETE MY EXAMINATION WITH THE BALANCE OF THE PASSAGES PERTAINING TO THE DIRECT EXAMINATION I PREVIOUSLY HAD NOW THAT I KNOW THERE'S NO OBJECTION FROM HIM. THE REASON I WENT INTO THE AREAS THAT I DID WAS BECAUSE I WANTED TO EXPLAIN THE PORTIONS HIGHLIGHTED BY COUNSEL IN HIS OPENING STATEMENT BECAUSE IT WAS CLEAR TO ME COUNSEL WOULD NOT OBJECT TO THAT. SINCE NOW I KNOW THAT COUNSEL WILL NOT OBJECT TO THE BALANCE OF THE DOCUMENT, I ONLY WANT TO COMPLETE MY EXAMINATION WITH THE BALANCE OF THE CONVERSATION NOW THAT I KNOW THAT THERE'S NO FURTHER OBJECTION TO IT.
YOUR HONOR, IN THIS CONNECTION, COUNSEL, AS EVERYBODY DOES, HAS TO TRY THEIR CASE. WE HAVE NO OBLIGATION TO TELL THEM WE HAVE ANY TRANSCRIPTS FOR THE JURORS. WE HAVE THE SAME DISCOVERY, YOUR HONOR. WE GOT THIS READY. WE ARE READY TO PROCEED. IT'S MY TIME FOR CROSS-EXAMINATION. I WANT TO PLAY THE ENTIRE TAPE. SHE HAD EVERY OPPORTUNITY TO DO WHATEVER SHE WANTED TO DO. SHE CAN'T GO BACK AND DO IT NOW. THIS IS HIGHLY UNUSUAL. SHE HAS THE OPPORTUNITY ON REDIRECT TO DO WHATEVER SHE WANTS TO DO. I WOULD LIKE TO PROCEED WITH MY EXAMINATION. SHE'S BEEN UP THERE FOR PART OF TWO DAYS WITH THIS WITNESS AND I WOULD LIKE TO PROCEED IF I MAY. THIS IS HIGHLY UNUSUAL AND UNFAIR, YOUR HONOR.
I WOULD LIKE TO PROCEED, YOUR HONOR. THAT'S WHAT I SHOULD BE ABLE TO DO. I WANT TO BE ABLE TO PROCEED WITH MY QUESTIONING. IF SHE HAS SOMETHING SHE WANTS TO CLARIFY, SHE CAN DO IT ON REDIRECT EXAMINATION.
I'LL TELL YOU, WHAT'S UNFAIR IS THE UNFAIR IMPRESSION CREATED WITH THE JURY THAT THE PEOPLE HAVE NOT BEEN ALLOWED TO PRESENT SOMETHING THAT THE DEFENSE IS BEING ALLOWED TO PRESENT.
KEY QUOTEHERE'S THE PROBLEM. YOU HAD THIS TRANSCRIPT, AND THE USE OF TRANSCRIPTS WITH REGARD TO TAPE-RECORDED CONVERSATIONS, WHEN YOU PRESENT A TAPE-RECORDING, YOU ARE SUPPOSES TO HAVE THE TRANSCRIPT TO PRESENT TO THE JURY. YOU ASKED ME FOR PERMISSION TO PASS OUT THAT ONE PAGE. I TOLD YOU NO BECAUSE WE HAD THE ELMO WITH THE PORTION THAT YOU WERE USING.
THAT WE DIDN'T NEED TO TAKE THE TIME TO PASS IT OUT. WE ARE NOW GOING TO USE IT WITH A TAPE-RECORDING. THIS IS A MUCH DIFFERENT SITUATION, ONE. SO THERE IS A VAST DIFFERENCE BETWEEN THESE TWO SITUATIONS. SECONDLY, FOR ME TO ALLOW YOU TO REOPEN YOUR DIRECT EXAMINATION AT THIS POINT AFTER DEFENSE COUNSEL HAS ALREADY TOLD YOU WHAT THEY'RE ABOUT TO DO -- I MEAN THERE'S STRATEGY INVOLVED HERE AS TO HOW THEY WANT TO PRESENT THEIR CASE, THAT I WOULD THEN ALLOW YOU TO CUT THEM OFF AT THE PASS ON SOME OF THESE THINGS.
WHAT IS THE STRATEGY INVOLVED THAT I'M INTERFERING WITH BY POINTING OUT OTHER PORTIONS OF THE TRANSCRIPT? I DON'T UNDERSTAND. EXCUSE ME.
ON THE RECORD WHILE MR. BAILEY WAS DOING CROSS, WE ASKED THE COURT TO INSTRUCT COUNSEL TO SHOW EXHIBITS TO OPPOSING COUNSEL BEFORE THEY PRESENT THEM BEFORE THE JURY. THAT DIDN'T HAPPEN HERE. IF WE HAD NOT COME HERE ON THE OBJECTION, WE WOULD NOT KNOW --
WE DID NOT KNOW THAT THE JURY WAS ABOUT TO RECEIVE THIS DOCUMENT WHICH IS ATTACHED TO THE END OF THE TRANSCRIPT.
FOR ME TO ALLOW YOU TO REOPEN YOUR DIRECT EXAMINATION AT THIS POINT AFTER DEFENSE COUNSEL HAS ALREADY TOLD YOU WHAT THEY'RE ABOUT TO DO -- I MEAN THERE'S STRATEGY INVOLVED HERE AS TO HOW THEY WANT TO PRESENT THEIR CASE, THAT I WOULD THEN ALLOW YOU TO CUT THEM OFF AT THE PASS ON SOME OF THESE THINGS.
WHAT'S UNFAIR IS THE UNFAIR IMPRESSION CREATED WITH THE JURY THAT THE PEOPLE HAVE NOT BEEN ALLOWED TO PRESENT SOMETHING THAT THE DEFENSE IS BEING ALLOWED TO PRESENT.
YOU GUYS, WHY DON'T YOU GUYS GROW UP.
YOUR HONOR, LOOK AT THE LAST PAGE. THIS IS OUTRAGEOUS.
EXCUSE ME, MR. SHAPIRO. ONLY ONE VOICE PER SIDE.