Could I mention this, apparently an additional litigation that needs to happen? The court recalls the Gretchen Stockdale issue where we served her with a subpoena. She said she gave them to the Defense. We tried to get them from another source, and I believe the court was carbon copied a declaration indicating the original source erased them in the normal course of business. And apparently thereafter, we asked the Defense for them and apparently they--well, the note I have indicates Defense destroyed them.

Let me ask you this. Do we anticipate litigating this? Because the indication I got from Miss Clark is that both sides, subject to a final decision as to Mr. Sims, were going to rest. So there's no point in going into Gretchen Stockdale unless somebody is going to call her as a witness.

This notice has just been sent down from Miss Clark.

That was my understanding. Further, Mr. Shapiro was the one who's handling that. He's not here.

May I just indicate, still on the plate--since they are going to call Gary Sims, the court allowing it, we haven't yet decided not to litigate this. That's the note I just got from Miss Clark. Apparently she wants to litigate it.

The problem is--I don't want to litigate this now, but there has to be a reason. She just can't walk in and call Gretchen Stockdale. There has to be a reason to rebut something. That's what the law requires. They don't have that. They said they have rested. The Gary Sims' issue came up before. I would ask you to take it up tomorrow when Mr. Shapiro is here, your Honor, if we are going to deal with it at all.

Yes. Mr. Shapiro was the one who was handling that aspect of it. Okay. What we have left then is the motion for an instruction regarding the contact sheets, the instructions in general and exhibits.

I think Mr. Hodgman is most familiar with the contact sheets. Is that something that has yet to be argued?

No. That's under submission at this point. But that was a request for an instruction. So that's part of our instruction discussion. Who is going to handle the instructions discussions?

Instruction--

Jury instructions for the case?

Yes.

I believe we anticipate handling that tomorrow. I may be mistaken, but I believe Mr. Kelberg is going to handle that for our side. He teaches I think--

Okay. Are there any of the exhibit matters we can resolve this afternoon?

If the court pleases--

Mr. Douglas.

--I have the majority. Although Mr. Scheck and Mr. Neufeld have not yet given me their lists, but we can begin perhaps with my identifying those exhibits to which there are objections and start the process in that manner.

Why don't we do this then. At this point, I would suggest then that--

Miss Clark designated me in her place.

I was going to say, why don't we just take a recess and go over--we'll have Mrs. Robertson gather up the exhibits that have been introduced after a certain date. We'll just take them one at a time, and then we'll litigate, after we pare it down, the ones we have to fight over, then take care of those.

Three additional motions pending that Mr.--

Your Honor, that's the Henry Lee notes, discovery violation motion. The court had ruled there was a discovery violation, and the late disclosure of certain notes related to Dr. Lee that the court had not imposed any sanction, asked the People to file a statement of what the prejudice was, which we did on September the 11th of `95. I don't know whether the court had an opportunity to read that.

You know, Mr. Goldberg spent a considerable time and effort in detailing and indicating prejudice we suffered for the court's instruction.

We will take that up during the course of our instructions then.

One aside. One thing I was going to say--I was just talking to Mr. Scheck about it. Some of us may take our leave, but if in the event--how long does the court expect to be here? In the event that Mr. Scheck speaks with Gary Sims and there's some resolution one way or the other, we would like to let you know this afternoon. It might have--

I will be in the courthouse at least until 5:30. And as you know, Mrs. Robertson can always get in touch with me.

We may try to let you know something by that time.

I would appreciate that.

If that's appropriate, your Honor.

What we'll do is, we'll stand in--let me ask you this. Miss Lewis, do you know when Mr. Kelberg would be available?

In the--

How early tomorrow morning would he be available? Dean Uelmen, are you available as early as 8:00?

Mr. Kelberg gets up beyond my wildest dreams, ungodly hours of the morning. That's his normal schedule. Your Honor, I do need to make a phone call to Mr. Hodgman and make sure I was the designated--

Mr. Uelmen, are you available at 8:00?

I'm available at the court's convenience.

All right. Why don't you check and see if Mr. Kelberg is available. We'll start our informal jury instruction conference then at 8:00 tomorrow morning. I would like to get this done tomorrow because I would like to instruct Friday. All right. We'll take a recess. I'll have Mrs. Robertson summon up the items and then we will have an informal conference on the exhibits. Anything else? I'm always afraid to ask that question. All right. We'll be in recess. Thank you, counsel.