Well, the last we heard Michelle Kestler had gone this morning to a doctor's appointment for a neck injury that she received earlier.
All right. Let's do this. As far as Michelle Kestler is concerned, as I indicated to counsel in chambers this morning, one of our other jurors has a medical appointment tomorrow at 4:00 that we have to conclude at four o'clock.
Tomorrow. Tomorrow. So why don't we--since tomorrow is a six o'clock day, let's schedule Michelle Kestler for four o'clock tomorrow afternoon.
I would also say about Michelle Kestler, your Honor, perhaps to short-circuit this, the Defendant might make a specific offer of proof as to what she can supposedly testify to some this issue, because my understanding, and counsel also had the opportunity to interview her at length, is that she doesn't have any personal knowledge as to the circumstances surrounding this fax and when specifically the leak occurred and that she only knows these things based on than what she has heard from knowledge--
She may also have knowledge about any internal investigation that may have been conducted. She may have participated in that investigation she may have been interviewed and there are a lot of things that she can tell us about.
Of course the position of the police department, as we have been advised previously, is that all of information is official information under 1040 and that the Defense must use the provisions of 1040 in order to try to get that information.
All right. Counsel, what we will do then now, we will shift back to Mr. MacDonell. We will bring the jurors down. As I indicated to Mr. Cochran and to Mr. Darden, the Court would like to personally inquire of the juror who fell ill last week just do assure myself the juror can continue.
Good morning, your Honor. Thank you. Your Honor, Mr. Bosco will offer testimony that he also was a recipient of similar information, that he is a professional journalist, that he has been assigned a permanent seat by your Honor in the courtroom to cover this case.
And he has published an article that reported the same information that reporter Savage has just testified to and that he will confirm that he is the recipient of information from a source that told him that DNA test results were in on the socks that were recovered in the bedroom.
KEY QUOTEIn September--about the same date, September 21st, and that that information came from a member of the Los Angeles Police Department who is known to him as a badged member of the police department and a person who is active in this investigation.
Your Honor, I've been through this down in New Orleans and I have counsel down there. I have been through this process. I could call my attorney in New Orleans who has handled this thing on another case for me for the past year and a half. He may holler at me but I think I know the issue well enough to take the stand. It might be nice that I call him. Maybe my mother will do so watching the television, I don't know, or my wife, I don't know, but whatever your wish is, sir.
No. The wish is on your behalf, sir. If you wish to have counsel to confer with before you are called as a witness, given the nature of the issue, I will give you leave to do so. If you feel no need to confer with counsel, we can proceed. It is up to you, sir.
Why don't you report back to the Court when we come back after lunch at one o'clock. I will give you plenty of time to locate your counsel in New Orleans.
Confer with him by phone. If you feel it is necessary to have local counsel, we will accommodate you. All right. So why don't you take care of that when we recess. All right?
Your Honor, there is also the issue of the Gretchen Stockdale tape. When was the Court willing to hear that?
Well, you will make a much better Judge than I ever will. All right. We need to take a recess to bring the jury down. All right. We will take ten to bring the jury down.
KEY QUOTEHe has published an article that reported the same information that reporter Savage has just testified to and that he will confirm that he is the recipient of information from a source that told him that DNA test results were in on the socks that were recovered in the bedroom.
Penthouse magazine.
Maybe my mother will do so watching the television, I don't know, or my wife, I don't know, but whatever your wish is, sir.
This should be a no brainer, your Honor, frankly, on the tape. Excuse the colloquialism.
Well, you will make a much better Judge than I ever will.