All right. Thank you, counsel. This is a fascinating situation with starting a trial with twelve alternates. I mean that is something highly unusual, even in this courthouse. I spoke to Judge Pounders the other day, who tried the two and a half year McMartin case, and he tried that case with six alternates, and I was criticized by some of my colleagues for having started this case with twelve alternates, for having too many people, and that it would increase the cost of sequestration enormously, which was fascinating in and of itself, that discussion. But I have never seen a situation where individual jurors have been the subjects of such great public scrutiny. And that is one of the interesting aspects of this case that we will have to think about when this case is all over. All right. Counsel, I'm going to take your motion under submission. I will read the declarations that have yet to be filled and I will issue a ruling as soon as that has been completed. All right. Let's have the jurors. I'm sorry, there is one other matter. Mr. Darden, you indicated you wished to reopen with Mr. Rubin?
May I be heard, your Honor? Thank you, your Honor. Two things: I would like if we could have an offer of proof with regard to the opening, your Honor. The word "Shrinkage" is not particularly revealing, as the Court has inquired in the past, and in the list of Mr. Witnesses that Mr. Darden indicated--we may not get to it today--but I have a problem with one of the witness, Miss Redfern, who may have been on the witness list. But in the discussion about domestic discord, if the Court recalls, I don't think the Court was ever asked to deal with that particular issue, and I think that we would at a minimum have a right to a 402 hearing on that particular--the subject matter of her testimony. So before he recalls her or announces her name, I would ask the Court to allow us that and I could ask for an offer of proof as to why Rubin was being recalled. I thought we were finished with him with the exception of our brief conversation in chambers after court yesterday, your Honor.
All right. As to the issue of recalling Mr. Rubin, what is your time estimate on the recall?
And on the issue of Redfern, your Honor, can we--can we argue that issue then today? That is our 1101(B) motion.
Because all the eighty odd incidents that were presented to the Court back in I believe, January, the Court--I mean we had an extensive hearing and argument, and my recollection the Court issued an eight or nine-page ruling on that issue, and this is not an incident that I am familiar with. Mr. Gordon.
You are absolutely correct. And when we had done that motion we had indicated to the Court that we were still receiving information with regard to various incidents that were occurring, and upon receipt of any information we would provide the Defense with those reports in discovery and place those witnesses on the witness list, which we did with these witnesses in that addendum and indicated to the Court that if we came up with any further incidents that were not known to us at the time that we litigated that motion, that we would, A, attempt to see that they conform within the Court's ruling, and B, that--make the Court aware at that time we sought to introduce them and that is exactly what we have done with this addendum, indicated to the Court where they fit within the Court's ruling. And no. 2, out of courtesy to the Defense, they have already been given over in discovery and put on the witness list back in April, and we bring it to the Court's attention, but these witness were discovered post-litigation of that motion or they certainly would have been included within that motion.
One other problem, your Honor. There was an indication yesterday the People had filed a motion in this domestic discord area. I have not received a copy of it, it was never received in here, and I have not seen it, was not received in my office, and I have not received it and I have not seen the motion.
I have now been handed a copy. I will try to read it, but we will be busy with other things.
I believe that Mr. Acosta will be here by the time we complete the additional testimony from Mr. Rubin.
All right. Then we will proceed with recalling Mr. Rubin, then we will go to Mr. Acosta, and I think Mr. Cochran is entitled to a reasonable amount of time to read your motion, go over the reports before responding to whether or not that will be included, these additional incidents. All right. Deputy Magnera, let's have the jurors, please.
I should indicate that I'm going to be using the Defendant's golf bag briefly with the witness.
Your Honor, may we have a further offer of proof regarding that, because as the Court recalls yesterday, that Mr. Darden continued to talk. During the process you had allowed certain things and he added some things and I was objecting and the Court did sustain some of those objections, but this so-called demonstration by ambush can and does very frequently backfire. But in order to obviate that, may we hear what the latest Prosecution demonstration is going to be this morning?
Are we just going to bring out the golf bag and see what size golf gloves are in the golf bag?
Well, your Honor, is that a representation? I'm just trying to find out where we are going.
All right. That doesn't seem inappropriate. All right. Deputy Magnera, let's have a jurors, please.
I have never seen a situation where individual jurors have been the subjects of such great public scrutiny.
Shrinkage primarily.
This so-called demonstration by ambush can and does very frequently backfire.
Golf gloves size.