I am going to recite the following facts that just occurred in open court after we recessed. Mr. Neufeld called my attention, told me his glasses had not been fixed, that he wanted to sit over by the rail next to the jury. I told him he could not, and then he told me that was not fair. I find that to be a contemptuous remark, accusing this court of not being fair. I cite you for contempt. Mr. Neufeld.

May I be heard?

You may be heard.

Thank you. Your Honor, what I said was that I had repaired my glasses with the glue, but that it broke again this morning. It didn't hold. And I sat there through Mr. Cochran's summation and I couldn't see what was happening. I asked if I could sit up there in the seat not next to the railing, but next to Detective Lange. Detective Lange could sit next to the railing. All right. That's what I asked for because, as I stated, I can't see the summation otherwise. You said no at that point and I said I didn't think that was fair. I said it not in front of anybody else. It was a private comment. I was simply saying for the court to deprive me the ability to see the summation and see what was happening when there was seats there I didn't think was fair. I really didn't. I just can't see it otherwise.

Mr. Neufeld, this court gave you as much assistance as possible to help you with your glasses. There are one-hour glass repairs that are readily available. You decided not to take advantage of that. That's not my problem. To ask to sit on the side of the courtroom and in the row that's reserved for the Prosecution because you have a problem with eyeglasses that you have not addressed is not this court's problem.

Your Honor, with all due respect, number one, I tried to take care of my glasses. I don't even have a prescription. I called the doctor in New York. He couldn't give me the prescription because they're in the archives at this point because I haven't been there in several years. That's not the point. The point is that there have been many times during this trial when we were permitted to sit in those seats. We were permitted to sit in those seats so we could see boards being shown. We were permitted to sit in those seats when witnesses during the Prosecution's case came off the witness stand to point out certain things to the jury. That has never been a problem. You've never made it an issue. This is the very first time you made it an issue.

The Prosecution objected to your being there during their arguments.

That's exactly right. So we went back. It's no longer the Prosecution's argument right now. It's the Defense argument. So the Prosecution--

And it's their side of the courtroom. Do you want them to sit on your side of the bench?

I have absolutely no problem with them sitting over on our side of the bench, your Honor. In fact, it could have been suggested for purposes of summation.

That's not the issue. The issue is what you said to me, and I find that to be contemptuous.

Could I address that? I think if the court understands that--and I appreciate what the court is saying. I glean as a third party here that he did not mean it in a contemptuous fashion. I'm sure he doesn't. He apologizes that the court took it that way because he didn't mean it.

I haven't heard him apologize, counsel.

I did not mean it. I did not mean it to be contemptuous to the court, your Honor. I do think, however, that I should be permitted to sit over there because I can't see otherwise. I have tried--made every effort to try and get new glasses or take care of these glasses so I can see, and I can't. I literally can't see. I've worked on Mr. Scheck's summation for days with him and I would like an opportunity to be closer so I can see it. That's all I am asking, all I was asking.

Let me address that. It is true, your Honor, as you know, Mr. Neufeld and Mr. Scheck work together day and night, and we would ask the court to consider--in fact, if--the court indicated the Prosecution had an objection. Since it's our argument, I would ask for an opportunity to ask them if they have any objection to, during Mr. Scheck's argument, Mr. Neufeld being close by. I think he would like to see it. They live together. They came here together, and I think that would be reasonable. I think it's clear to the court he was not and would not be contemptuous to this court on that issue. He does apologize from that standpoint.

Your Honor, I think that given this--and given where we are, over this issue, I just don't think he would--this would be an issue that anybody would go over the wall, just on the issue of eyeglasses I don't think. I think, knowing the respect he has for this court, I don't think he would do that.

For him to say that in open court while the jury is still in the box, the public is still there--

I didn't hear it, your Honor. I was over there. I did not hear it.

I don't think that's fair because I do think when I said it to you, you came over toward me, the jury had already left the box. I looked over--

The jury was still--some of the jury members were still there.

You were walking off the bench at that point when I said it to you and had that discussion with you. There were no more jurors in the box. I purposely waited until they were all gone. The only other person who was present in the range of my voice besides you was Deirdre. There was no one else who heard, no one else who could have heard it, and I would have--I wouldn't do something like that. And I mean it's not fair to even think I would do something like that. If you can appreciate the frustration of not being able to see what's going on in the proceedings where I've worked here for seven months, you know, at great sacrifice--and I've tried to make efforts so I could see it today, all of which failed. I was on the telephone with a number of different places yesterday to try to take care of this. It couldn't be done. So I reglued it again, I came in today, and they broke again. I mean, that's all that happened. I was trying to put them on, and I couldn't and they broke again. So I couldn't see. And if you looked, I didn't have glasses during the summation this morning when Mr. Cochran spoke.

Mr. Cochran, would you ask either Miss Clark or Mr. Darden to join us, please.

Mr. Darden.

Good morning.

Good morning. How are you, sir?

Fine.

Mr. Neufeld, because of his broken glasses, has requested permission to sit on one of those seats on your side of the rail on the back row so he can see Mr. Scheck's performance. Do you have any objection? He can't see because of his glasses.

I thought--Detective Lange is sitting on the railing--I could sit next to Detective Lange, inside from Detective Lange.

I don't mind him sitting next to McKenna near the elmo.

The understanding is, he's to the right of McKenna, is on their side.

All right.

I think--Judge, I appreciate that. And I do reiterate that I don't think he meant any disrespect for this court. I wasn't aware of this. I was focusing--I didn't hear from where I was.

I want to get through a day with no problems, get this case to the jury. I want to pass it off to them.

Anything else?

No.

I believe we are getting close. We can do everything we can to talk to Mr. Scheck now, see if we can't finish ours I hope by the dinner break and then so they can wrap it up.

No. I was telling Peter earlier today I think tomorrow morning.

Are you telling me that you would go over?

No. I don't think they'll finish.

No, I don't think so. But I think--just for your planning, I think you can try--I think we'll get it to the jury tomorrow. You only have a few instructions left?

Yeah. Just concluding instructions.

Judge, may I ask--can we go off the record?

Off the record.

All right. I'm going to withdraw my citation of contempt. Mr. Neufeld, you may sit on the back row next to Mr. McKenna. All right.