Your Honor, we will -- we will object to any opening of the envelope in open court. We do not believe that the --

Your Honor, we don't probably need to have conferences at this point concerning that matter. I have civilian witnesses present who are ready to testify. If we could, I'd appreciate it if we could take their testimony, rather than hold them here.

Well, that's fine. With regard to this particular envelope, then, is there going to be some written authority delivered, or some kind of a request done, either to open it or not open it?

Yes, your Honor, there will be a request not to open it. That is sealed under the direction of the presiding judge of the Superior Court, under the direction of judge Delbert Wong. And it is evidence that is in possession of the defense, and that we have no obligation to disclose, and we'll not disclose until we feel it the appropriate time.

Well, it was the presiding judge of the Superior Court that directed this court to open that envelope in fact on the record. However, the Superior Court really doesn't appear that they actually had jurisdiction over this matter. Which is why it was given to us in the first place. However, I will not do anything with that envelope in terms of opening it, until such time as appropriate briefs or other information is made available to the court.

Your Honor, for the record judge Mills was not a party to any of these proceedings.

no, I know it was judge ito.

To the best of my knowledge, it was -- all these matters were under seal, were sealed immediately, judge Mills does not have any direct knowledge as to what took place.

I don't know what he knows or what he doesn't know, but I will consider any authorities that you want to offer the court with regard to it. I Won't do anything but have the clerk maintain it.

That's all we want, thank you.

your Honor, How are we going to file points and authorities concerning the opening of that envelope, when this was obviously evidence submitted by the defense of which we have no knowledge. judge ito is apparently the only judge that knows anything about it, other than the defense. so basically, the court is saying to the defense to write a brief concerning its objection to the opening of the envelope, to which we cannot respond, because we do not have any information as to how that envelope came to the possession of the Superior Court, who put the evidence into that envelope, what kind of evidence it is, when it was recovered, how, from where. How can we possibly write --

All I'm prepared to tell you is judge Delbert Wong, who's a retired judge of the Superior Court, acting as a special master in connection with that and recovered whatever that item is. Where and when or what it is, I do not know.

Your Honor, that should be item or items.

Item or items, correct, I don't know.

I THINK that perhaps --

And beyond that, and I think this is a NOVEL situation, I know it's a novel situation for me, I think for you as well, judge Mills made some comment that suggested that since there is a right of reciprocal discovery, and that there's been a request for discovery by both sides, that it would perhaps be appropriate for that item to be opened in open court. Now, as I say, I'm willing to hold off at this particular point.

Thank you. I think that's the best source of action for the court.