All right. Mrs. Robertson, what's the status of the exhibits?

They're in the elevator now.

All right. Counsel, anything else we can resolve before we have--get started with Mr. Bodziak again?

Couple things, your Honor, if I might. In the interest of moving the case along, once the Prosecution is finished, I would like to ask the assistance of the Prosecution and the court in making the following witnesses available for us. We need Detective Vannatter, we need FBI Agent Martz, we need the--both Fiato brothers, FBI Agent Michael Wachs, W-A-C-H-S I guess, Deputy District Attorney Dale Davidson and we need Mr. Gary Sims back. The court will recall that we said we were going to call Gary Sims very briefly on a matter we approached sidebar on if you recall. Those are the witnesses we need available and I think they have some control over, and we can move quickly to begin the balance of our case and then our surrebuttal.

All right. Miss Clark.

I'm puzzled about Gary Sims, your Honor. Perhaps that was a sidebar I was not present for. But with respect to Agent Martz, let me indicate this. The witness is Mr. Whitehurst. Agent Martz is irrelevant until the court rules on the admissibility of Agent Whitehurst, and so I think we need to have that motion first, and then, depending on the court's ruling, we will discuss the availability of Agent Martz. At this time, there is no reason to do so at all. If the court will recall, the Defense rested conditionally subject to the admissibility of Agent Whitehurst, and Agent Martz has no relevant testimony to give unless and until the court rules on the admissibility of Agent Whitehurst's testimony.

Unfortunately, Miss Clark, after she promised to be here Saturday, was not here, and we have now talked to Agent Whitehurst and we have further questions based upon newly discovered evidence of Agent Martz. They can't tell us which witnesses we want to call. We want Agent Martz, we want Detective Vannatter--this is all newly discovered evidence--we want the Fiato brothers, we want Dale Davidson and we want--and with regard to Gary Sims, the court will recall Mr. Barry Scheck asked the court to allow--

No. I recollect Mr. Sims was released subject to recall.

That was it. So as the court has said so many times, we have the right to present our case, and we have an absolute right to do that. We have not rested and this is newly discovered evidence and we want to have him out here. Now, if he's our witness, we don't mind paying for him, but we just want to have it facilitated so we don't have any downtime with regard to getting this witness out here.

Your Honor, if I could respond because I was here both Saturday and Sunday. Mr. Cochran was not here Sunday. Both days were used to interview Dr. Whitehurst. And our position is quite simply, Dr. Whitehurst has a perspective about Agent Martz, and the question is, is anything that Dr. Whitehurst has to offer relevant to these proceedings.

I assume we're going to take up that issue after we have concluded with Mr. Bodziak. I take it this is the Prosecution's last witness.

That's correct.

All right. Then the--

So the question is--

--Defense then has the opportunity to conclude their case, which I assume they're going to do.

But our position with Martz is not to have this man have to fly out here just so we can have a motion that his testimony be excluded until the court rules on Whitehurst's testimony because if as--

Well, let's assume for the sake of the argument, Mr. Kelberg, that there is a possibility that Martz could be recalled for matters regarding the EDTA testing that had nothing to do with Whitehurst. I mean, that's a possibility as well; don't you agree?

That's correct, your Honor.

Except not for the Defense's case because as I recall the court's statements, the court indicated it was allowing the Defense not to rest its case in chief due to this limited area and that the court would limit it to this area as a result of which the court said to the Prosecution "Start your rebuttal." If this is a matter of EDTA and we have not on rebuttal, our rebuttal, offered anything on EDTA, then their case in chief is--

Well, that's another legal issue.

All right. But the long and short, just the geographics involved, does Agent Martz have to fly out here to sit until this court rules on Mr. Whitehurst? If we know when--should be Dr. Whitehurst. If we know when the court anticipates ruling on Dr. Whitehurst, then we can have arrangements available so that Mr. Martz can do his work back at Washington.

All right. Well, counsel, my understanding is that the court reporters will have the transcripts of both Saturday and Sunday's interviews available sometime I hope by the end of today. Miss Moxham is indicating that's correct.

Your Honor, may I just indicate as follows?

So that indicates to me that we will probably, if counsel have the transcripts by the close of business today, that they'll be able to proceed with an offer of proof and argument regarding Dr. Whitehurst probably tomorrow and we can resolve some of these issues.

Might I just indicate, the reason I brought this up, your Honor, is, as the court is aware, those of us who have been here every day in this trial are very much aware of this jury, that we want to get the case to the jury. And I'm trying to--

I'm just pointing this out, your Honor, because of the fact we have people who don't always appear here, and I'm trying to point out to you I want Martz here. They can't tell us how to try our case. We want Martz here and we think we can recall Martz before we ever get to the Whitehurst issue. And so I want to make sure--you listened to them--that that's our issue, that we believe Martz--which we intend to call first.

As soon as we finish with Bodziak, I suspect the People will get up and say subject to court's permission to reopen if anything else comes up, they rest their rebuttal case, then focus turns on the Defense.

All right. Giving you a heads up. That's all it was.

Thank you.

Your Honor, may I be excused?

Don't go too far away because I don't know how long we are going to have with Mr. Bodziak.

I'll be upstairs. I can be reached in Mr. Hodgman's office.

All right.

I just need the exhibits, your Honor.

All right. Mr. Scheck, why don't you and Miss Clark check with Mrs. Robertson then, make sure all the exhibits are ready to go. As soon as they are, we'll get started. All right.