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From: [email protected] (Myra Dinnerstein)
Subject: IN CAMERA HEARING - September 7, 1995
Message-ID: <[email protected]>
Organization: NETCOM On-line Communication Services (408 261-4700 guest)
Date: Tue, 19 Sep 1995 23:05:38 GMT
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In Camera from September 7, 1995

             (THE FOLLOWING PROCEEDINGS WERE HELD
            IN CAMERA:)

     THE COURT:  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?
     MS. CLARK:  OF COURSE.
     THE COURT:  ALL RIGHT.
     MS. CLARK:  I THINK IT'S VERY CLEAR I FELT NO DIFFERENTLY.
I HAVE BEEN VERY INTERESTED IN GETTING THIS CASE TO THE JURY AND
FINISHING.
     THE COURT:  THEN I'M SURE I MISINTERPRETED YOUR REMARKS.
     MS. CLARK:  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.
     THE COURT:  OKAY.
           THEN I MUST HAVE MISINTERPRETED WHAT YOU JUST SAID TO
ME.
     MS. CLARK:  I DON'T REALLY -- PERHAPS I'M NOT AWARE OF WHY
THE COURT CHANGED ITS MIND WITHOUT INFORMING ANYONE OF THE
REASONS FOR THAT WHEN INITIALLY THE COURT HAD INDICATED WE WOULD
BEGIN REBUTTAL ON MONDAY.  I DON'T KNOW WHAT TRANSPIRED TO MAKE
THE COURT DECIDE WE SHOULD START REBUTTAL FRIDAY AFTERNOON.
     THE COURT:  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.
     MS. CLARK:  I AM AWARE OF THAT, BUT THROUGH NO FAULT OF THE
PEOPLE.
     THE COURT:  I UNDERSTAND THAT.
     MS. CLARK:  SO WE'RE CLEAR, THE PEOPLE HAVE ALWAYS BEEN
READY AT EVERY OPPORTUNITY.  WE HAVE NOT ASKED FOR ADDITIONAL
TIME FOR ANY OF THE MC KINNY TAPES, ANY OF THE MC KINNY, THE
FUHRMAN WITNESSES, AND THAT IS WHAT HAS PRODUCED A SUBSTANTIAL
DELAY. BUT --
     THE COURT:  WE'RE NOT HERE TO ARGUE THAT.  WHAT I'M ASKING
YOU IS, DO YOU THINK I'VE MISINTERPRETED WHAT YOU SAID?
     MS. CLARK:  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.
     THE COURT:  ALL RIGHT.
           NOW THAT WE'VE DISCUSSED THIS, DID WE MISUNDERSTAND
EACH OTHER'S INTENTIONS AT THIS POINT?
     MS. CLARK:  PERHAPS.
     THE COURT:  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?
     MS. CLARK:  YES.
     THE COURT:  OKAY.
           HAVE YOU CALLED DIVISION 5?
     MS. CLARK:  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?
     THE COURT REPORTER:  CHRIS TOOK THE MAJORITY THIS MORNING
AND I TOOK THE AFTERNOON ARGUMENT AND THE RULING.
     THE COURT:  MICHELLE, WOULD YOU ASK MS. OLSON TO STEP IN,
PLEASE?

           (BRIEF PAUSE.)

           (COURT REPORTER OLSON IS NOW
           PRESENT IN CHAMBERS.)

     THE COURT:  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?
     THE COURT:  THAT'S IT.
     COURT REPORTER OLSON:  YOU NEED IT?
     THE COURT:  NEED IT BY THE END OF BUSINESS.
     COURT REPORTER OLSON:  OKAY.
     THE COURT:  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.

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