Your Honor, I understand from Mr. Harmon that what he intends to do now is set up a stereomicroscope and have Mr. Sims look at the socks under the stereomicroscope, and my concern is that this is plainly outside the scope at this point of the redirect examination. And what is happening here is something that I expressed concern about when Mr. Sims was allowed to testify after Mr. Yamauchi and that is that the Prosecution would attempt to use the redirect of Mr. Sims to clean up cross-examination of Mr. Yamauchi. And that is why I had requested to finish the redirect examination of Mr. Sims before we did Mr. Yamauchi. Now, I understand the Court's ruling at that time within its discretion that it was better to not interrupt two witnesses than one, but at the same time, what I would ask here, is that they be prohibited from using the redirect of Mr. Sims at this point to try to counter points that were made on the cross-examination of Mr. Yamauchi. And I think that the issue of the stereomicroscope and examining the socks now and what is on the socks now is plainly outside the scope. And to the extent that it has already been brought out in front of the jury, that is to say that Mr. Sims directed Mr. Yamauchi on how to use the stereomicroscope and pointed out an observation about what blood is on those socks, now that has already been done, he has already testified to it. So I see no reason now to permit them to set up the stereomicroscope and have Mr. Sims look at it and perhaps show jurors what they can see under the stereomicroscope, if that is their intention.
I know it seems like another lifetime ago, but I remember Mr. Sims--first off, my direct examination of him was quite detailed about his examination of the socks, if you recall.
Painful. And those socks smiled at me in that videotape, but there was--in addition to the detail of my direct examination, there was equally agonizing excruciating cross-examination of Mr. Sims about his examination of the socks. So it is within the scope. And the difficulties he had or did not have, we talked about fibrils and little things that fell off from the cuttings, so it is--it is within the scope because the clear implication of all this is that the stuff was not there when in reality it is here today, it is in this courtroom. There is blood on those socks today. And I'm prepared to lay a foundation about the presumptive tests, which I can do without even setting up the microscope. I think you will appreciate how this is quite different than the little bit I gave you about Mr. Yamauchi. Mr. Matheson, that is a different subject, but the socks are within the scope of redirect at this point. And I'm sorry, your Honor, just as an aside, should the Court feel that they are not, we will be happy to recall Mr. Sims at whatever--he is coming back, so it is not that big a deal, but it would be nice to clear the air before Barry goes home, your Honor.
I think at this point, though, I think without a report telling the Defense where it was done, what was done, I don't think it is fair to open that up.
Okay, your Honor. Your Honor, what I intend to elicit from Mr. Sims is in his report. These are passed o-tolidine tests that reflect closely, and I will lay the foundation. There is nothing--he is not going to say anything new. This is all in the report.
what I would ask here, is that they be prohibited from using the redirect of Mr. Sims at this point to try to counter points that were made on the cross-examination of Mr. Yamauchi
There is blood on those socks today. And I'm prepared to lay a foundation about the presumptive tests, which I can do without even setting up the microscope.
I recall an excruciating long videotape.
without a report telling the Defense where it was done, what was done, I don't think it is fair to open that up.