ALL RIGHT. COUNSEL, THE JURY HAS WITHDRAWN FROM THE COURTROOM. MR. HODGMAN, DO YOU WANT TO MENTION SPECIFIC LANGUAGE THAT YOU ARE OBJECTING TO WAS ARGUMENTATIVE IN OPENING STATEMENTS?
YOUR HONOR, THERE WAS SO MUCH THAT WAS ARGUMENTATIVE IN NATURE THAT IT IS HARD TO REALLY EVEN IDENTIFY SPECIFIC PORTIONS RIGHT NOW. AGAIN, YOUR HONOR, THERE WAS RANK HEARSAY THAT WAS REFERRED TO, THERE WAS -- AND I THINK THE COURT ITSELF CAN RECOGNIZE AN ARGUMENTATIVE OPENING STATEMENT WHEN IT HEARS ONE. AS I INDICATED TO THE COURT AT SIDE BAR, I HESITATE TO EVER OBJECT WHEN DEFENSE COUNSEL -- WHEN DEFENSE COUNSEL IS MAKING AN OPENING STATEMENT, OR EVEN MAKING AN ARGUMENT. AN ARGUMENT OBVIOUSLY IS A DIFFERENT PHASE OF THE CASE AND A DIFFERENT CONTEXT; HOWEVER, IN OPENING STATEMENT THERE ARE CERTAIN PARAMETERS, AND IT WAS ONLY WITH GREAT RESTRAINT THIS MORNING THAT I EVEN STOOD TO OBJECT WHEN I DID. AND MY OBJECTIONS ARE NOTED IN THE RECORD AT PORTIONS WHERE I FELT WE HAD GONE FAR BEYOND THE BOUNDS, FAR BEYOND THE BOUNDS OF WHAT IS PERMISSIBLE IN OPENING STATEMENT. AND I WOULD SIMPLY ASK --
VERY WELL. YOUR HONOR, I'M GOING TO ASK FOR A CAVEAT TO ONE SPEAKER RULE. MR. GOLDBERG HAD TAKEN SOME NOTES FOR ME.
WELL, THAT IS WHY WE HAVE THE ONE SPEAKER RULE. YOU ARE THE ONE MAKING THE OBJECTION, MR. HODGMAN, SO YOU NEED TO BE SPECIFIC ON WHAT YOUR OBJECTION IS.
VERY WELL, YOUR HONOR. MAY WE BE HEARD ON THIS ISSUE RIGHT AFTER WE RETURN FROM LUNCH? AND I WILL GO THROUGH AND I WILL ADDRESS FOR THE COURT THOSE PORTIONS WHICH I BELIEVE TO BE ARGUMENTATIVE OR HEARSAY. AND WHAT I'M ASKING FOR, YOUR HONOR --
COUNSEL, ONE OF THE REASONS I'M GIVING YOU A REAL TIME TRANSCRIPT HERE IS SO THAT YOU CAN SEE THIS STUFF IN FRONT OF YOU, SO MR. HODGMAN, I REALIZE THE LENGTH OF THE OPEN STATEMENTS, SO I WILL GIVE YOU LEAVE TO DO THAT. BUT MR. COCHRAN, I WILL CAUTION YOU THAT THE LAST SEVERAL COMMENTS AT THE END OF YOUR STATEMENT ABOUT DR. GOLDEN AND WHY THE PROSECUTION ARE NOT CALLING HIM, ET CETERA, ET CETERA, A LOT OF THAT IS ARGUMENTATIVE THE WAY IT IS PHRASED. THE FACT THAT YOU ARE GOING TO SAY WE ARE GOING TO CALL THE WITNESSES TO SAY THIS WASN'T DONE AND THE STOMACH CONTENTS, BLAH, BLAH, BLAH, THERE IS A MORE REASONABLE WAY OF SAYING THAT. I MEAN, MR. HODGMAN'S COMMENTS IN MANY RESPECTS ARE PROBABLY WELL TAKEN AND I'M CONCERNED ABOUT HOW YOU ARE GOING TO GET THAT DEPOSITION IN OVER THE HEARSAY OBJECTION.
IN THE MIDDLE OF THAT, I CAN RECALL, I SAID THAT SHE GAVE A DEPOSITION AND PERHAPS YOU WILL HEAR ABOUT THAT, BUT I THINK THERE IS SOME OTHER THINGS THAT WE CAN DO IN THAT REGARD BECAUSE THERE IS A DIVORCE DECREE.
THAT IS WHY WE MOVED ON AND NOT ONLY -- IF I DON'T THINK I CAN GET SOMETHING IN, I'M NOT GOING TO DO IT.
WELL, I WAS GOING TO RECOMMEND TO THE COURT NOW, LET'S SEE IF WE CAN ADDRESS SOME OF THIS RIGHT NOW, BECAUSE WHAT IS DONE IS DONE. WHAT THE JURY HAS HEARD, THE JURY HAS HEARD. I WILL COME BACK WITH MORE SPECIFICS, BUT WE CAN'T UNRING THE BELL. WHAT I WAS ASKING THE COURT FOR AND AM RESPECTFULLY ASKING THE COURT FOR IS THE VERY CAUTION THAT YOU ARE GIVING, BECAUSE I DON'T INTEND TO BE SILENT THIS AFTERNOON IF I HEAR HEARSAY OR ARGUMENT, AND I AM JUST GIVING FAIR NOTICE TO COUNSEL RIGHT NOW. AND I CAN COME BACK -- WE WERE GOING INTO DR. GOLDEN, AND I AGREE WITH THE COURT, THAT WAS SOUNDING AWFULLY ARGUMENTATIVE TO ME WHEN WE WERE ADDRESSING THE FAYE RESNICK ISSUE THIS MORNING AND THE NATURE THAT WENT DOWN, VERY ARGUMENTATIVE IN NATURE. THE DEPOSITION, RANK HEARSAY. THOSE ARE A FEW EXAMPLES, YOUR HONOR.
WELL, THE FAYE RESNICK STUFF CAME AROUND TO THE FACT THAT IT IS CLOSE IN TIME WITH THE PERSONS DEPARTING AND IT WAS BROUGHT BACK INTO A CONTEXT. THAT WAS APPROPRIATE.
BUT IN ADDITION, YOUR HONOR, LET'S PUT IT THIS WAY: I MEAN, COUNSEL IS DISINGENUOUS WITH REGARD TO --
ANOTHER WAY OF PUTTING IT, MR. COCHRAN IS REAL CLEVER. HE IS ABLE COUNSEL AND HE WAS ABLE TO DANCE AROUND IT, BUT YOUR HONOR, WE MAY OR MAY NOT CALL FAYE RESNICK. IN LIGHT OF THE FACT WE HAD JUST BEEN AT SIDE BAR AND THE WAY THAT WAS DANCED AROUND, YOUR HONOR, THAT IS SIMPLY NOT FAIR. THERE WAS NO INDICATION WHETHER THEY ARE GOING TO CALL HER OR NOT, BUT IT ALLOWED SOME SEMBLANCE OF A SEGUE INTO GETTING THAT INFORMATION BEFORE THE JURY AT THIS TIME. THAT IS EXTREMELY PREJUDICIAL.
WELL, IT IS A DANGEROUS PLACE TO BE FOR THE DEFENSE, FOR THEM TO SAY WE MAY CALL HER AND NOT CALL HER THAN FOR THE PROSECUTION TO SAY WE ARE NEVER GOING TO CALL HER. MR. COCHRAN DID DANCE AROUND, THOUGH. HE DIDN'T LAND ON IT.
I WAS GOING TO DANCE AROUND IT ANYWAY, YOUR HONOR, BECAUSE IT IS AN AREA THAT WE HAVEN'T MADE A FINAL DECISION.
THERE ARE MANY LAND MINES IN THIS AREA AND WHAT I INDICATED TO THE COURT, THAT WE HAVE, HOWEVER, TALKED WITH CHRISTIAN RIECHARDT WHO KNOWS AN AWFUL LOT AND HE WILL BE TESTIFYING. I DON'T KNOW WHAT COUNSEL IS TALKING ABOUT. THAT INTERVENTION IS VERY WELL. SHE WAS LIVING AT MISS BROWN'S HOME. SHE HAD THE INTERVENTION ON THE 8TH. FAYE RESNICK CONTINUED TO CALL. HE WAS WORRIED I WAS GOING TO BRING OUT SOMETHING ABOUT RELATIONSHIPS. I'M GOING TO DO THAT.
WE ARE WAITING FOR THE TELEPHONE CALL AT NINE O'CLOCK IS WHERE IT EVENTUALLY WOUND UP.
TAKE A LOOK AT YOUR COMPUTER, TAKE IT WITH YOU, TELL ME WHAT IS THERE. MR. COCHRAN, I AM CAUTIONING YOU AT THIS POINT, WE ARE SLIDING HERE.
CAN I SAY ONE THING, YOUR HONOR? THEY DID HAVE THREE PEOPLE INTERRUPTING ME, COUNSEL DID, YOUR HONOR, BUT IT IS OKAY, THEY ARE ALL GOOD FRIENDS, THEY ARE WHISPERING, BUT I THINK ONE OF THEM SHOULD INTERRUPT ONE AT A TIME.
YOUR HONOR, WE WILL ADDRESS THIS AGAIN AT 1:30, BUT MAY COUNSEL AND I APPROACH ON AN ISSUE THAT I THINK THE COURT NEEDS TO ADDRESS REGARDING SOME PUBLIC RECORDS?
THAT WORD MEANS LIAR.
WE CAN'T UNRING THE BELL. WHAT I WAS ASKING THE COURT FOR AND AM RESPECTFULLY ASKING THE COURT FOR IS THE VERY CAUTION THAT YOU ARE GIVING.
MR. COCHRAN DID DANCE AROUND, THOUGH. HE DIDN'T LAND ON IT.
I WILL NOT FOLLOW MISS CLARK YESTERDAY.
THERE ARE MANY LAND MINES.