Back on the record in the Simpson matter. All parties are again present. The record should reflect that over the recess the Court had the opportunity to meet with the juror who fell ill last week, in the presence of counsel for both sides, and both the Court and counsel, I believe, have assured ourselves that that juror is able and willing to proceed with jury service, continue jury service on this matter, and with just minor adjustment with ongoing medical treatment for that condition, so the Court is satisfied with that inquiry. All right. Mr. Neufeld, you indicated there was something preliminary you wanted to bring up before we start with Mr. MacDonell?
Actually, before I bring up the preliminary matter, just a quick scheduling issue. It was suggested that perhaps we would hear from Michelle Kestler at 4:00 P.M. tomorrow afternoon.
Just so we are clear, it was the Defense intention that after we finish with Professor MacDonell that we would play the tape of Peratis and that only takes about ten or fifteen minutes, that we would hope to resolve the Savage/kestler hearing testimony in advance of hearing Kestler's trial testimony, but Kestler is going to be the next trial witness after Tracie Savage, in front of the jury, that is. This just throws, you know, a little bit of a monkey wrench into the works.
Well, here is the problem. Despite what Miss Lewis might think, I don't consider this to be a no brainer issue. There are very sophisticated issues, sub-issues, and it involves reviewing very carefully the record regarding materiality. This is not a decision that I'm going to make sitting here without any thought, contemplation and going over the issues.
I'm sorry, your Honor, if I could indicate this. Miss Lewis was referring to the Gretchen Stockdale issue; not the Michelle Kestler issue.
And she is entitled to her opinion. If she thinks it is a no brainer, like I said, she is much brighter than I am. Go ahead.
The problem is, counsel, what I'm saying is I don't want to be pushed into making a decision on this faster than I have to.
I think what you are saying makes perfect sense. All I'm saying is we would like to get back sometime this afternoon. If we have some small gap, maybe we can move Kestler up to the early part of tomorrow afternoon, and if need be, or something. I'm just saying this we may have a little difficulty in filling that void with other witnesses who are prepared at this moment. That is all I'm saying. And I can report back to the Court this afternoon with that information.
I understand that. And if we have to have a gap here and there, that is something that we will have to deal with. I understand Miss Kestler--my clerk gave me a note that Miss Kestler apparently has a personal funeral obligation tomorrow afternoon, so that may be a problem as well. I don't know.
Maybe we could take her earlier then so we wouldn't interfere with that obligation, if the Court so desires.
Despite what Miss Lewis might think, I don't consider this to be a no brainer issue. There are very sophisticated issues, sub-issues, and it involves reviewing very carefully the record regarding materiality.
If she thinks it is a no brainer, like I said, she is much brighter than I am.
Miss Lewis was referring to the Gretchen Stockdale issue; not the Michelle Kestler issue.