Back on the record in the Simpson matter. All parties are again present. All right. Deputy Magnera, let's have the jurors, please.

Your Honor, you were going to--

I thought you were going to take that up informally with Mr. Clarke.

The way it was left I wanted to report back to the Court because there were some concerns about it, if I may.

Certainly. Mr. Neufeld.

Thank you. Your Honor, it has been about four weeks since we made it very clear to the Prosecution in this case that we objected to Dr. Weir using any likelihood ratios, if and when he was called as a witness. At that time four weeks ago, on May 15, and on May 16, umm, Mr. Clarke indicated to the Court that it wasn't his intention to use Dr. Weir for likelihood ratios but rather for the underlying frequency data contained in that report. We needed to know which tact they were going to take, because as we made it clear to the Court at that time, if they took the tact of pursuing likelihood ratios, then we would he have a 402 hearing, we would need to contact witness. We had never heard anything more in the intervening four weeks as to which way they were going to go until we got that report last week which seemed to still indicate their pursuit of likelihood ratios. I spoke to Mr. Clarke this morning at the suggestion of the Court and apparently, as he can report to your Honor, they don't know yet and they haven't been able to speak to Dr. Weir in the last few days or whatever because he has been on vacation. Our concern is, and I think there is some fundamental unfairness here and that the Defendant is certainly prejudiced by this situation in that they've had more than enough time to find out which way they are going to move on this, so we can go out, and if need be, secure witnesses for such a hearing. All I'm asking is that at this point in time, since they have now indicated that they intend call Dr. Weir as early as next week, which doesn't give us a lot of time, that they inform the Court on the record and inform counsel, certainly no later than--tomorrow is Wednesday--certainly no later than Thursday, as to whether or not they intend to pursue the route of likelihood ratios so we can get ready in time for a hearing for next week, otherwise we won't be able to do it with enough time.

Mr. Clarke.

Yes, your Honor. With regard to Dr. Weir, he is on vacation and will be driving home arriving home tomorrow. He is to contact us as soon as he is able to. So it is our intent to speak with him tomorrow, maybe in the evening, and I indicated to Mr. Neufeld earlier today that once we've had that discussion with him I think we will be in a much better position to declare to him what types of evidence we may wish to offer in front of the jury. So I think at this point it is premature, but we are going to operate with all deliberate speed.

All right. Then may I trust that this issue will be laid to rest at the latest by the close of business Friday?

I would hope so, yes. I might indicate to the Court, Dr. Weir in fairly quick fashion produced a report, a preliminarily report, as Mr. Neufeld indicated, fairly quickly. It is not totally complete but he felt it important that both we and the Defense have something to work from in this area. It is our intention to present in terms of population frequencies what the scientific community feels is appropriate and we will convey that direction that the community is telling us as soon as we are able to after we speak with Dr. Weir.

All right.

Thank you.

All right. Thank you, counsel.

Thank you.

Your Honor, could I have about thirty seconds with Mr. Shapiro?

Sure.

Thank you, your Honor.

Deputy Magnera.