All right. Back on the record. All parties are again present. The jury is not present. Counsel, what I suggest we do is set up an agenda for the issues that remain to be resolved before we proceed to the instruction of the jury, and arguments.
Thank you very kindly--thank you very kindly, your Honor. I think that is very appropriate. We would like to--in addition to jury instructions, we do have some further exhibits I think you are going to have to deal with.
I think he has a sense of that. Your Honor, what I would like to--and I think Miss Clark agrees with this--this afternoon, or even now if you wanted to, take up the issue regarding the length of arguments in this case, perhaps first.
No. 2, Miss Chapman will be down shortly to argue this, the motion regarding the use of both sides, the ability of both sides to use videotape that has been shown to the jury, and also videotape of the actual testimony in certain instances, which we would have an opportunity to preview and get ready. We would like to take those two motions probably first. In addition to that, Dean Uelmen is present, and as the court understands and realizes, we will undoubtedly ask for a further review of our earlier suppression motions in view of the attack on Mr. Vannatter's testimony. We think that issue is ripe again. We did not bring it up yesterday because we wanted to give you an opportunity to deal with matters, and now that you resolve resolved that, we think it is appropriate. We will be ready to respond to the People's request for judicial notice motion and we have several other things that tie into jury instructions. The court will recall the page 4 staple incident. At one point you had ruled, I believe, and indicated that the appropriate time for dealing with that would be in jury instructions, I believe, so that is something we think is very important to us. I made a final proposal to Miss Clark with regard to how we elevate this entire proceeding. I would just like to say something, Judge. We are at the end of this trial and early on you said to us that we wanted to conduct ourselves in a manner so that when this is all over we could all go off and have dinner and we would be proud of the way we performed in this trial. This has been very hard fought, but I'm hopeful at the end we can come back full circle to that point. I hope that that--nothing has happened at this point that will cause us not to do that. I mean, everybody has been vigorous. You have done your job, we have tried to do our job on both sides, and I hope we can still do that. And I proposed to Miss Clark this morning with regard to what we do from this point forward in argument which I think might restore some of that.
It is still my fondest hope, Mr. Cochran. As I mentioned your colleague Dean Uelmen, I suspected at this point the invitation was only open to him and Mr. Hodgman.
On the invited list, your Honor, and we are trying real hard to do that. And I think it is one of the things about our system that makes it so great that we can fight very hard and are very, very earnest in our various positions, and I hope morally and ethically try to do the right thing. But this is serious business from our standpoint, as you know, and from the People. We have a client that we have always held was wrongfully accused so we have done everything we could to try and represent him. Thank you, your Honor.
Why don't we take up--Miss Clark, do you agree with the order of taking these matters up?
All right. Then let's address the length of closing arguments and the use of video, if we can, this morning, and then we will recess until 1:30.
I don't have any of my motions down with me, your Honor. I didn't realize we were going to take it up right away, so I would like--
Would your Honor consider--we would like at 1:30 to do those two motions. Dean Uelmen is ready with that other motion, so we wouldn't lose any time. Would your Honor consider that, the suppression motion?
I do have somebody who could argue it, but they are not here right now. Everything is going to take a little bit of time.
Although, I must also say, as far as our discussion of the instructions are concerned, we are about a day ahead of schedule, so--
And it would thrill me to death if I could instruct the jury Friday morning and then recess and then start our arguments on Tuesday.
KEY QUOTEWhat we agreed is we will come back with Dean Uelmen first and then we will go right into the argument and time and the other two.
We are at the end of this trial and early on you said to us that we wanted to conduct ourselves in a manner so that when this is all over we could all go off and have dinner and we would be proud of the way we performed in this trial.
It would thrill me to death if I could instruct the jury Friday morning and then recess and then start our arguments on Tuesday.
As I mentioned your colleague Dean Uelmen, I suspected at this point the invitation was only open to him and Mr. Hodgman.