Rosa Lopez is formally discharged after her conditional examination, during which her testimony was preserved due to her impending departure from the jurisdiction. Darden attempts to have the court order Lopez to return, arguing that her preserved testimony can only be used at trial if she is found legally unavailable under Evidence Code Section 240. Ito declines the order, and there is a brief light exchange as Lopez thanks the judge for accommodations paid for by Cochran.
# 1 THE COURT: MR. COCHRAN.
# 2 MR. COCHRAN: I HAVE NOTHING FURTHER. MAY SHE BE EXCUSED?
# 3 THE COURT: ALL RIGHT. MISS LOPEZ, THANK YOU VERY MUCH. WE HAVE CONCLUDED YOUR TESTIMONY.
# 4 THE WITNESS: YOUR HONOR, I WOULD LIKE TO SAY SOMETHING BRIEFLY TO YOU.
# 6 MR. DARDEN: BEFORE YOU DO THAT, YOUR HONOR -- BEFORE YOU DO THAT, YOUR HONOR, I WOULD LIKE -- I WOULD ASK THE COURT NOT TO EXCUSE THE WITNESS AND THAT THE COURT ORDER THE WITNESS TO RETURN.
# 7 THE COURT: ALL RIGHT. MR. JONES?
# 8 MR. JONES: YOUR HONOR, I WOULD OBJECT TO THE WITNESS MAKING A STATEMENT AT THIS TIME.
# 9 THE COURT: WELL, SHE'S YOUR CLIENT, COUNSEL. DO YOU WANT TO CHAT WITH HER A MOMENT?
# 10 MR. JONES: NO. I WOULD LIKE TO HAVE HER LEAVE THE STAND.
# 11 THE COURT: ALL RIGHT. MISS LOPEZ, YOUR ATTORNEY HAS INDICATED HE DOESN'T WANT YOU TO SPEAK TO ME AT THIS POINT.
# 12 THE WITNESS: I JUST -- I JUST WANTED TO THANK YOU FOR THE ROOM YOU RENTED FOR ME, SIR.
KEY QUOTE # 13 THE COURT: YOU ARE WELCOME. BUT IT'S ACTUALLY BEING PAID BY MR. COCHRAN. ALL RIGHT. THANK YOU.
# 14 MR. JONES: NOT MR. JONES OR HIS WIFE, YOUR HONOR.
# 16 MR. DARDEN: YOUR HONOR, BEFORE MISS LOPEZ LEAVES THE COURTROOM --
# 17 THE COURT: YES. HOLD ON.
# 18 THE INTERPRETER: JUST A MOMENT, PLEASE.
# 19 MR. DARDEN: -- I WOULD ASK THAT THE COURT ORDER MISS LOPEZ TO RETURN.
# 20 THE COURT: WELL, THE PURPOSE OF CONDUCTING A CONDITIONAL EXAMINATION IS UPON THE REPRESENTATION THAT SHE IS LEAVING THE JURISDICTION. WE HAVE NOW PRESERVED HER TESTIMONY. CAN YOU THINK OF ANY OTHER GOOD CAUSE WHY I SHOULD DO THAT?
# 21 MR. DARDEN: YES, YOUR HONOR. THE TESTIMONY CAN'T BE PRESENTED IN FRONT OF THE JURY UNLESS MISS LOPEZ IS ACTUALLY UNAVAILABLE TO TESTIFY.
KEY QUOTE # 22 THE COURT: THAT'S CORRECT.
# 24 THE COURT: THERE HAS TO BE A FINDING UNDER SECTION 240.
# 25 MR. DARDEN: I THINK I'M DOING THE DEFENSE A FAVOR IN ASKING TO HAVE HER ORDERED BACK.
KEY QUOTE # 26 MR. COCHRAN: WE WOULD RATHER NOT HAVE THAT FAVOR, YOUR HONOR.
KEY QUOTE # 27 MR. DARDEN: I'M SURE YOU WOULDN'T.
# 28 THE COURT: ALL RIGHT. I'M GOING TO DECLINE -- I'M GOING TO DECLINE MAKING THE ORDER AT THIS TIME.
# 29 MS. CLARK: AS LONG AS IT'S CLEAR IT'S THE DEFENSE REQUEST.
# 30 THE COURT: THE RECORD IS CLEAR. GOOD LUCK, MISS LOPEZ. THANK YOU VERY MUCH.
# 31 THE WITNESS: THANK YOU, SIR. YOU'RE VERY KIND. I APPRECIATE THIS.
# 32 THE COURT: ALL RIGHT. MISS HAMBURGER, MR. JONES, THANK YOU, COUNSEL.
# 33 MS. HAMBURGER: THANK YOU, YOUR HONOR.