We did speak briefly in chambers about our interest again to introduce Defense exhibits. I've explained on other occasions why I would like to do that now. I'm informed that although the Prosecution has been given our list since last Friday, I believe that they're not prepared to handle that today. I would ask that they be directed to prepare to work on that early next week. I would like to do it on Monday if the Court pleases.
All right. Well, Monday I don't think is a reasonable request given our other scheduled motion. Mr. Darden, when do you think you will be prepared to address those motions?
Thursday or Friday, your Honor. There's the Fuhrman issue. We received a letter from counsel saying they want Detective Fuhrman in on Tuesday, plus there are other issues.
I didn't have the opportunity to talk to Mr. Darden about that. I had a conversation with Mr. Douglas that because of--the North Carolina Judge has denied however you phrase it, the certificate of materiality with regard to those tapes, Mr. Douglas had informed me earlier they no longer--unless that ruling changes somehow, they intend to call Detective Fuhrman next week. And I've informed Mr. Douglas he is at home now, which is in a northern state from here.
Your Honor, I had occasion to speak with Mr. Cochran briefly. He told me that he had a chance to listen to the tapes, that it was Fuhrman's voice on the tape, that the tapes were disgusting in some of the language that was used, that there was discussions of ways in which Mr. Fuhrman and others would implicate innocent people, and that we intend to vigorously appeal a ruling that we are confused by. We thought and we were hopeful that we would be able to present that very compelling evidence to this jury with Mr. Fuhrman on Monday. Because of this unusual ruling, it will be necessary for us to take some appellate remedies immediately. So I do not think that he will be called on Monday, but I do think it will be sooner rather than later.
Well, I--he's on 72-hour call from Idaho. But I do want to mention he's retired as of August 4th. And when he was first mentioned within a letter we get from the Defense, he came down here, he was here for at least a week, I think maybe two weeks. He took care of his retirement. He was available. If indeed there's a good reason and the Court allows him to be recalled for some reason later, I'm assuming the Defense would send him a plane ticket because he lives in Idaho now.
Well, we'll take that up when materiality has been determined. All right. Anything else?
Your Honor, we don't have to do this on the record. I've asked Mr. Clarke, who I understand is in the building--and I have Xeroxes of the charts and I think there's a few matters we could discuss and maybe resolve.
All right. Well, why don't you have him wander down and perhaps Mr. Scheck, Mr. Clarke and myself can confer in chambers on these matters and perhaps save some time for next week.
I just--your Honor, do you wish to deal with scheduling on the record or do we want to discuss that informally after we recess?
No. We can just discuss that informally. I don't think--I think--well, Monday, we have the disclosure motions. And do you have your witnesses subpoenaed for Monday?
Yes, your Honor. What we're going to do, just so everybody is aware of it, is, as you know, Dr. Riders had to leave and will not be able to be around for Monday. So we will go forward with Professor MacDonell, finish him on Monday and we will have Dr. Rieders testify and complete his cross-examination when he returns from Vienna with his family.
All right. Also, let me return to Mr. Douglas the videotape of Mr. Peratis that you submitted to the Court for the Court's viewing.
And I did direct Mr. Shapiro to make one deletion from the videotape, a sustained objection.
KEY QUOTEYour Honor, I assume--well, I can discuss this with Mr. Douglas. I assume he has the photocopies here so that we can identify--we may well have already put discovery numbers on them, but I'm not sure if that was part of our formal discovery in terms of which photographs we need to show him.
Okay. All right. Anything else? All right. Then we'll stand in recess until Monday, 9:00 o'clock. All right. Thank you.
He told me that he had a chance to listen to the tapes, that it was Fuhrman's voice on the tape, that the tapes were disgusting in some of the language that was used, that there was discussions of ways in which Mr. Fuhrman and others would implicate innocent people
He's retired as of August 4th. And when he was first mentioned within a letter we get from the Defense, he came down here, he was here for at least a week, I think maybe two weeks. He took care of his retirement. He was available. If indeed there's a good reason and the Court allows him to be recalled for some reason later, I'm assuming the Defense would send him a plane ticket because he lives in Idaho now.
I did direct Mr. Shapiro to make one deletion from the videotape, a sustained objection.