A COUPLE THINGS. FIRST OF ALL, I WOULD LIKE WHEN COURT STARTS TO MAKE A STATEMENT WITH REGARD TO THE WHOLE WESTEC FIASCO YESTERDAY. WE GOT SO MANY CALLS, EVEN FROM COUNSELORS AT CHINO, SOON TO BE RELEASED BURGLARS AND THINGS, ARE NATURALLY WATCHING YESTERDAY AND THEY FOUND OUT THE HOUSE WAS NOT WIRED. THE SENSITIVITY OF THE PROSECUTION, THANKS TO THAT -- ALLOWING THAT WORTHLESS TESTIMONY, WE HAD TO REWIRE THE HOUSE. I'VE GOT TO MAKE SOME STATEMENT BECAUSE PEOPLE ARE LIVING THERE AND ARE QUITE WORRIED AND QUITE CONCERNED. THEY HAVE HAD TO REWIRE LAST NIGHT.
THE COUNSELOR FROM CHINO CALLED AND SAID YOU BETTER DO SOMETHING, THE BURGLARS WERE HERE TAKING NOTES.
KEY QUOTEWHY DO YOU HAVE TO CALL ME INSENSITIVE ABOUT THAT? WE HAD A BOARD, WE ARE LOOKING AT THE BOARD FOR A COUPLE OF DAYS. EVERYBODY KNEW THE WITNESS WAS COMING. I DON'T WANT TO PUT THE MAN'S PROPERTY IN SOME TYPE OF JEOPARDY OR HARM'S WAY.
ALL RIGHT. SO YOU ARE GOING TO MAKE A STATEMENT, IN LIGHT OF THAT DEVELOPMENT, THAT THE HOUSE HAS BEEN REWIRED AND THERE ARE GUARDS?
WE KNOW WHAT WE COULD HAVE DONE, PUT IT ON AND SAID THAT WAS THE STATE OF THE SECURITY SYSTEM BACK IN, DA, DA, DA. YOU DON'T KNOW WHAT IS WIRED. YOU CAN THINK FIX IT WITH A STATEMENT.
I HAVEN'T SEEN ALL OF IT, BUT I SAW PART OF IT. WE WANT TO HAVE A HEARING AND LIKE TO PROCEED WITH THAT. WE WOULD ANTICIPATE CALLING FOUR WITNESSES; MR. FORD, MR. ATKINS, MR. LUPER AND MR. HARPER, AND I DON'T THINK IT WILL TAKE VERY LONG.
AND JUDGE ITO, IF THE TAPE IS PLAYED, WE WOULD ASK THAT THE FEED BE CUT AS WELL FOR THE SAME REASONS.
IT IS HIS HOUSE AT THIS POINT. WE ARE GOING TO SHOW IT FOR THE HEARING. YOU HAVE SEEN IT FOUR TIMES.
YES. YOU HAVE NOW, BUT I SAID WE DON'T WANT IT GOING OUT, OBVIOUSLY, AT THIS POINT, SO THAT IS WHAT WE WANT TO DO. WE WANT TO INDICATE FOR THE COURT THANKS FOR THE OPPORTUNITY. WE GOT HERE EARLIER.
LET ME ASK YOU THIS, NOW THE OPPORTUNITY TO SEE THE TAPE, YOU KNOW WHAT IT IS, YOU HAVE HAD THE OPPORTUNITY TO TALK TO THE PARTICIPANTS, AND OBVIOUSLY IT IS A LATE DISCLOSURE.
I DON'T KNOW YET, JUDGE. I DON'T KNOW. I THINK -- YOU KNOW HOW YOU LIKE TO SLEEP ON THESE THINGS AND YOU KNOW HOW YOU LIKE TO HAVE SOMETHING IN WRITING?
ALL RIGHT. I DON'T NEED TO SLEEP ON THE FACT THAT I KNOW IT IS LATE. I KNOW IT IS LATE.
YES, IT DOES. YOU HAVE SEEN IT, SO WE WILL LET YOU KNOW. IS MONDAY TOO LATE OR MUST YOU KNOW TODAY?
D.A. BASHING, NO, NO. THE REASON WE NEED THE HEARING, YOUR HONOR, BECAUSE THERE ARE CERTAIN ASPECTS OF THIS THING -- YOU KNOW, THE FACT IT MAY BE THEIR BURDEN, THERE IS A LOT OF STUFF ON THAT TAPE SO WE NEED TO -- THERE IS A LOT OF STUFF ON THAT TAPE AND HOW IT CAME ABOUT. SO THE HEARING IS NECESSARY, BECAUSE -- FOR YOU TO UNDERSTAND THE FULL IMPORT OF WHAT HAPPENED AND HOW THE TAPE CAME UP. WE ARE NOT GOING TO WASTE TIME ON IT.
WELL, LET'S ASSUME THAT I AGREE THAT IT SHOULD HAVE BEEN TURNED OVER A LONG TIME AGO --
BUT YOU WON'T KNOW ALL THE FACTS OR ALL THE INTERACTION UNTIL SUCH TIME AS YOU HEAR CERTAIN THINGS. IT IS NOT A WASTING TIME THING, JUDGE. I THINK WE NEED TO BE ABLE TO DO THIS.
WHY DON'T YOU GIVE ME A PREVIEW AS TO WHAT YOU THINK I NEED TO KNOW BEYOND THAT IT WAS LATE BEING TURNED OVER.
YOU SAW THE TIME ON THERE, BUT I THINK THERE IS MORE TO IT. WHAT TIME THEY GOT IT, HOW LONG IT WAS SHOT, WHEN THE PEOPLE KNEW OR SHOULD HAVE KNOWN ABOUT IT, WHAT HAPPENED TO IT DURING THAT TIME, WHAT REPRESENTATIONS WERE MADE. AND EVEN IN THE SHOW AND TELL BACK HERE AT THE TIME OF THE OPENING STATEMENTS ABOUT IT, WELL, THESE PROSECUTORS KNEW ABOUT IT. JUST THE WHOLE ASPECT. WE WANT TO LIKE TAKE YOU THROUGH ACTUALLY WHAT HAPPENED WITHOUT WASTING A LOT OF TIME, BECAUSE YOU ARE RIGHT, IT COMES OUT THAT IT IS LATE, YOU KNOW, AS ONE WHO HAS FELT THE STING OF YOUR SANCTIONS, I THINK YOU NEED TO KNOW ALL THE FACTS ON THESE THINGS. AND I THINK WE CAN HELP WITH THAT, JUDGE. THAT IS THE ONLY POINT. I HAD THE OPPORTUNITY OF SPEAKING TO EACH ONE OF THESE FOUR PEOPLE THIS MORNING AND I THINK IT IS VERY HELPFUL, WON'T TAKE LONG, AND I THINK WE SHOULD BE ALLOWED TO DO THIS. AND THEN AT THE END OF THE DAY WE HAVE A BETTER SENSE -- THERE HAS BEEN AN EFFORT TO DISGORGE THE TAPES. NOW WE HAVE A COUPLE MORE AND WE HAVE ASKING FOR TAPES ALL ALONG. THE WHOLE ISSUE COMES DOWN TO BRADY MATERIAL AND WE THINK THERE IS A REAL PROBLEM IN THIS CASE OF WHETHER WE ARE EVER GOING TO GET ALL THE BRADY MATERIAL.
LET ME JUST INTERJECT. THIS IS NOT BRADY MATERIAL. THERE IS NOTHING EXCULPATORY ABOUT IT. WE DIDN'T INTEND TO USE IT IN TRIAL. WE ONLY KNEW OF HIS EXISTENCE IN THE LAST FEW DAYS. AND WHEN THE COURT SAYS THAT IT IS LATE, I'M A LITTLE CONCERNED, YOUR HONOR, BECAUSE THIS IS SOMETHING THAT IS NOT DISCOVERABLE UNDER THE DISCOVERY LAWS.
JUDGE, JUDGE, CAN WE JUST FINISH SOME THOUGHT? YOU ARE ASKING ME SOME QUESTIONS. THAT IS WHY YOU NEED TO HAVE A HEARING, BECAUSE MISS LEWIS' ATTITUDE GOT US HERE.
WHEN THERE IS A DISCOVERY VIOLATION IN THE PAST I SEEM TO SENSE YOU FELT CONTRITENESS WAS APPROPRIATE, WHICH IS WHAT I HAVE PICKED UP IN THIS COURT. BUT JUDGE, YOU NEED TO ALLOW US THIS BECAUSE IT IS IMPORTANT FROM THE STANDPOINT OF THE SEQUENCE, AND THEN WE WILL MOVE ON. YOU KNOW, MOVE IN AND OUT, BUT AS A SAYING, YOU KNOW, THE QUESTION ABOUT WHETHER THIS IS BRADY MATERIAL IS NOT UP TO PROSECUTION TO DETERMINE.
PUT ALL THESE LIMITS ON, JUDGE. OKAY. AT LEAST I GET A HEARING. OKAY. THIRTY MINUTES. IF I'M A LITTLE OVER --
WELL, IF THE COURT REALLY DOES RESTRICT TO IT A SHORT HEARING, BUT I WAS PRESENT THROUGHOUT THE INTERVIEWS MR. COCHRAN HAD WITH THESE PEOPLE, AND THERE IS NOTHING SALIENT TO DEMONSTRATE TO THE COURT WHICH HE COULDN'T SUM UP IN FIVE MINUTES AS FAR AS WHAT HAPPENED WITH THE TAPE.
YOUR HONOR, YESTERDAY I PUT IN PERSONALLY SEVERAL PHONE CALLS TO MR. CALE. SARA CAPLAN PUT IN THREE TO HIS SECRETARY. WE WERE TOLD THAT HE HAD NOT BEEN SERVED, THAT HE WAS NOT COMING TO COURT AND THAT HE WAS ILL WITH PNEUMONIA. I FINALLY HAD ONE OF NEXT DOOR NEIGHBORS CALL HIM ON MY BEHALF. HIS WIFE SAID HE WAS SLEEPING AND SHE HAD NO IDEA THAT HE WAS DUE IN COURT. HE THEN CALLED BACK THE NEIGHBOR AND SAID, "WHAT DO YOU WANT?" AND HE SAID, "WELL, MR. SHAPIRO HAS CALLED ME AND ASKED ME GET A MESSAGE TO YOU." I GAVE HIM MY HOME NUMBER AND I HAVE NOT BEEN ABLE TO SPEAK TO HIM. TODAY MR. DARDEN SAID HE WOULD SPEAK WITH ME THIS MORNING AND I WOULD LIKE TO HAVE THAT OPPORTUNITY TO SPEAK WITH HIM.
THAT IS NOT WHAT I SAID AT ALL. I SAID WOULD YOU COME OVER AND SPEAK WITH MR. CALE ALONG WITH MYSELF. MR. CALE IS ILL. HE WANTED YOU TO BE AWARE OF THAT AND I THINK HE ALSO WANTED YOU TO BE AWARE OF WHY IT WAS THAT HE DID NOT SPEAK WITH YOU LAST NIGHT, BUT IN ADDITION TO THAT, HE IS ILL AND --
I'M SURE HE IS. HE HAS INDICATED TO ME, AND I THINK HE WOULD LIKE TO EXPRESS THIS TO MR. SHAPIRO AS WELL, THAT HE WOULD LIKE -- NOT LIKE TO HAVE HIS ADDRESS PUBLISHED FOR THE WORLD.
WE ARE GOING TO TRACE WHERE HIS HOUSE IS, WHERE HE WALKED HIS DOG, WHERE HE WALKED HIS DOG THAT DAY, AND WE ARE GOING TO GO HOUSE BY HOUSE, SO WE ARE GOING TO START SIX HOUSES AWAY SO HIS ADDRESS --
HE JUST PUT IT ON THE RECORD NOW. THAT IS WHY PEOPLE DON'T WANT TO TALK TO YOU, OKAY, BECAUSE YOU KNOW, YOU MAKE THESE RIDICULOUS COMMENTS AND TRY TO DETER PEOPLE FROM COMING FORWARD TO TESTIFY.
KEY QUOTEMR. DARDEN, LET'S GET STARTED. IF YOU WANT MR. CALE TO TESTIFY RIGHT AWAY, LET'S START AT TEN O'CLOCK. IT IS A QUARTER UNTIL RIGHT NOW. LET'S HAVE MR. SHAPIRO AND YOU GO OUT AND CHAT BRIEFLY WITH MR. CALE. WE WILL START WITH MR. CALE, THEN WE WILL TAKE A RECESS WITH THE JURY, WE WILL DO OUR LITTLE HEARING AND THEN WE WILL START WITH MR. FUNG, HOPEFULLY FOR AN HOUR OR SO TODAY.
STOPPING AT 12:00? OKAY. WE ARE GOING TO PROCEED WITH FUNG? I DIDN'T GET EVERYTHING YESTERDAY.
BEFORE WE START WITH MR. FUNG, THOUGH, FIRST WHAT WE HAVE TO DO IS WE HAVE TO REVIEW THE BOARDS THAT THEY INTEND TO USE.
I LOOKED AT THEM, BUT WE WANT TO GO ON THE RECORD AND EXPRESS CERTAIN OBJECTIONS BEFORE THE COURT RULES ON THAT, SO THAT IS WHY THAT HAPPENS.
I AM AWARE OF THAT. ALL RIGHT. GO OUT AND TALK TO THIS GUY AND WE WILL START PROMPTLY AT 10:00.
THE ONLY PROBLEM IS HALF AN HOUR. JOHNNIE CAN'T SAY HELLO IN HALF AN HOUR.
THE COUNSELOR FROM CHINO CALLED AND SAID YOU BETTER DO SOMETHING, THE BURGLARS WERE HERE TAKING NOTES.
AS ONE WHO HAS FELT THE STING OF YOUR SANCTIONS, I THINK YOU NEED TO KNOW ALL THE FACTS ON THESE THINGS.
THIS IS NOT BRADY MATERIAL. THERE IS NOTHING EXCULPATORY ABOUT IT. WE DIDN'T INTEND TO USE IT IN TRIAL. WE ONLY KNEW OF HIS EXISTENCE IN THE LAST FEW DAYS.
HE JUST PUT IT ON THE RECORD NOW. THAT IS WHY PEOPLE DON'T WANT TO TALK TO YOU, OKAY, BECAUSE YOU KNOW, YOU MAKE THESE RIDICULOUS COMMENTS AND TRY TO DETER PEOPLE FROM COMING FORWARD TO TESTIFY.