The jury was excused so the court could preview Defense exhibit 1368, an audiotape, for the prosecution before it was played in front of the jury. Darden confirmed he had heard the recording before. The prosecution raised a foundational objection about the tape's date, which Laura Hart McKinny clarified was approximately April or May 1985.
# 1 (The following proceedings were held in open court, out of the presence of the jury:) # 2 THE COURT: All right. The record should reflect the jury has withdrawn from the courtroom. Mr. Harris, do you want to play that for Mr. Darden, please.
# 3 MR. DARDEN: Are you going to cut the feed?
# 4 THE COURT: I'm sorry.
# 5 MR. DARDEN: He is going to play it out loud?
# 7 (Defense exhibit 1368, an audiotape, was played.) # 8 THE COURT: All right. Mr. Darden.
# 9 (No audible response.) # 10 THE COURT: Do you recollect the excerpt?
# 11 MR. DARDEN: I believe I've heard it before, yeah.
KEY QUOTE # 12 THE COURT: All right.
# 13 (Discussion held off the record between Defense counsel.) # 14 THE COURT: All right. Let's have the jurors, please, Deputy Magnera.
# 16 MS. CLARK: We are breaking at 5:30, your Honor?
# 17 THE COURT: I'm sorry?
# 20 MR. DARDEN: We have a foundational objection and that is the date of that--
KEY QUOTE # 21 MS. CLARK: The dates are not indicated.
# 22 THE COURT: All right. Do ask a foundational question.
# 23 MR. COCHRAN: I did already, your Honor. The first one was in April of 1985 and the second one--
# 24 THE COURT: Just this one? Do you know when the second one was?
# 25 MR. COCHRAN: May I approach, your Honor?
# 26 MS. MCKINNY: Sorry, the date?
# 27 MR. COCHRAN: Yeah, the date of the second one, approximately.
# 28 MS. MCKINNY: It was approximately April or May, 1985.
KEY QUOTE # 29 MR. COCHRAN: All right. I just wanted to know.