Miss Clark--on the record--I think you're telling the court that you feel that I'm punishing you for exercising your rights, your appellate rights I don't think is an appropriate comment to make, especially when you know that this court's motivation is to get this jury deliberating. And if we can adjust our schedule to accommodate that, that's what I'm trying to accomplish here. I've given you what you asked, until--in fact, more than you asked for--until noon tomorrow to pursue your appellate remedies, and I don't appreciate the implication of what you're stating. What I would like to do is get this case to the jury at some point in time. Now, as the facts work out, you've lucked out as a matter of practicality because Deputy Jex came in and told me there are two medical and dental appointments tomorrow that can't be canceled tomorrow afternoon. So the jury is not available to us. So that in essence leaves us tomorrow morning and the rest of today. Do you understand my concern?

Of course.

All right.

I think it's very clear I felt no differently. I have been very interested in getting this case to the jury and finishing.

Then I'm sure I misinterpreted your remarks.

I can only say that this morning, the court indicated to us that we would begin on Monday morning with rebuttal, and I arranged everything accordingly.

Okay. Then I must have misinterpreted what you just said to me.

As I just finished explaining to you, Miss Clark, I would like to present some evidence to this jury since we've had so much downtime. They've had all of a day and a half testimony in the last 10 days.

I am aware of that, but through no fault of the People.

I understand that.

So we're clear, the People have always been ready at every opportunity. We have not asked for additional time for any of the McKinny tapes, any of the McKinny, the Fuhrman witnesses, and that is what has produced a substantial delay. But--

We're not here to argue that. What I'm asking you is, do you think I've misinterpreted what you said?

No. No, I do not. That was the impression I was left with because the court did not share with me its thinking as to why the change from the earlier scheduling.

All right. Now that we've discussed this, did we misunderstand each other's intentions at this point?

Perhaps.

All right. I'll take it at that. Now having said that, who do you have working on your appeal? Are they working on it now?

Yes.

Okay. Have you called division 5?

Well, I had to leave. I asked appellate to make the contact. They said they were as I left the office. Miss Moxham, who took the hearing this morning?

Chris took the majority this morning and I took the afternoon argument and the ruling.

Michelle, would you ask ms. Olson to step in, please?

Miss Olson, would you put together a transcript of this morning's session with regard to the 5th amendment issue right now.

COURT REPORTER OLSON: Yes, sir. Is that it?

That's it.

You need it?

Need it by the end of business.

Okay.

Then I need you to change places with Miss Moxham so that she can do likewise. Apparently you split that. All right. Off the record.