My application is that in order to expedite matters, and in view of the fact that there is some issue about Mr. De forest and the whole question of exculpatory evidence, what I would like to do now is make Mr. Sims my own witness and ask him about his July 17th examination of the sock wherein he found a wet transfer on surface 3 of the second sock that was in the area that he typed of consistent with Nicole Brown Simpson. I realize that this would make him our witness at this point in time, but it saves us calling him back for a surrebuttal case.
KEY QUOTECan I respond to that? Umm, they haven't even rested their case yet. He is going to be back with the fifth probe result, because it is going to drag on for weeks and weeks. That is just not appropriate at this time. We will be happy to make him available. We called him for a very limited reason. We really are trying to get this case to the jury and that is just going to reopen--they have never--well, what about the three-day rule? He has never mentioned that he was going to do that. If he wants him call him as his witness, give us three days' notice and we will have him back. Maybe he will have rested by then or maybe he will be the last witness in their case in chief. Well, I don't want to tell you what this is.
Frankly, the fact that we haven't rested only adds to the appropriateness of doing it now and the fact that we have this whole problem of something--a subsequent test performed by him and dr. De forest on July 17th that we believe is exculpatory evidence. And all I'm seeking permission to do is to get it on now and save us some time.
The same amount of time now or later, your Honor. You know, we do have a three-day rule; although I never saw them held to it in their case. So I insist he will be available. I will make him available. I will any back and forth with him. But they want to obscure these powerful results and that is all this is.
My application is that in order to expedite matters, and in view of the fact that there is some issue about Mr. De forest and the whole question of exculpatory evidence, what I would like to do now is make Mr. Sims my own witness and ask him about his July 17th examination of the sock wherein he found a wet transfer on surface 3 of the second sock that was in the area that he typed of consistent with Nicole Brown Simpson.
They want to obscure these powerful results and that is all this is.
He is going to be back with the fifth probe result, because it is going to drag on for weeks and weeks.