Your Honor, I asked Mr. Blasier to pull this up. I will read this for the record as an offer of proof. "Question by Mr. Goldberg: In this case I take it that the number in the photograph also corresponds to the number--to the item number that was eventually assigned; is that correct. "Answer: Yes. "Question: Approximately what time was item no. 12 collected?" Item no. 12, your Honor, is the blood spots in the foyer. "Answer: That was collected at approximately 4:30. "Question: All right. Now, after collecting item no. 12 did you go upstairs in the location? "Answer: Yes, I did. "Question: Do you recall what was the next item of evidence that you collected? "Answer: The next item was a pair of socks in the master bedroom." So your Honor, the testimony, so that it is clear--I didn't have Dennis Fung before. That Dennis Fung said he went upstairs after collecting the items downstairs. They collected the items downstairs in the foyer at 4:30 and so we know also from the log--
--that the spots or whatever in the bathroom were collected at 4:40. The socks were collected between 4:30 and 4:40. Take that along with the testimony of Mazzola things were logged sequentially at the time they happened, with the exception of the 15 and 16, the things that were outside, the tags or whatever--
--I have a good faith to ask him if Dennis Fung indicated he went upstairs and collected the socks after 4:30 would he be wrong or not telling the truth?
KEY QUOTEI will sustain the objection as being argumentative. That is argumentative, counsel. That is argument.
All right. While we are up here, on scheduling, I asked Bob to come up for two reasons because we don't want to have any delays in this case so can we shift gears. I'm almost finished. Can we shift gears now with regard to the witnesses? He has argued it so I will ask you to listen to him on scheduling so we can move forward on this case.
Dr. Rieders has a medical--he has a heart problem. He was hospitalized recently. He has a medical appointment next Wednesday. He is leaving for Vienna the following Monday. He can come back this Monday. I will--I told Lisa Kahn, who I'm dealing with on this issue, that I would make him available to talk to her right now with Agent Martz. They will know what the issues are. They can prepare. They will have all the time until Monday to prepare and we will call him Monday and we will call Martz after.
Lisa Kahn told me last night that Miss Clark was very well aware of the issues, was really prepared on that.
That is the biggest bald face lie we have heard yet in this case. Miss Kahn cannot make that representation; it is not true.
KEY QUOTEI don't need the characterization as people lying and that sort of thing. I don't think that is appropriate. Let's see. Today is the 20th. If he has to leave on the--
KEY QUOTEI can't imagine how you guys are going to be done by then, given the number of witnesses.
I would only ask that the Court require the testimony to come at the end of the case, whenever that is, and that would probably be when he will be back from Vienna.
Let's do this. Let's do this. Give me a copy of the report. I will look at it and see how complex it is and we will see--
I should give the Court then also Agent Martz' reports because Dr. Rieders' report is short and it is obviously a lot less than he is prepared to testify to.
The reason I'm bringing this up, we are trying not to run out of witnesses. Make sure Mulldorfer is here.
These are your witnesses. You make sure they are here. I can't police them for you and make sure they don't watch TV I'm not accepting that responsibility.
KEY QUOTEThis guy is on the line, whether or not he is one of the witnesses that is included here.
Let me remind counsel while we are here that Mr. Meraz admitted watching television. I'm going to ask for a jury admonition concerning his testimony and his credibility as a result of that, not to mention other witnesses that I know will be called.
That is the biggest bald face lie we have heard yet in this case. Miss Kahn cannot make that representation; it is not true.
I don't need the characterization as people lying and that sort of thing. I don't think that is appropriate.
I have a good faith to ask him if Dennis Fung indicated he went upstairs and collected the socks after 4:30 would he be wrong or not telling the truth?
These are your witnesses. You make sure they are here. I can't police them for you and make sure they don't watch TV. I'm not accepting that responsibility.