0 Acronyms: JP: Judge Belvin Perry LDB: Linda Drane-Burdick JA: Jeff Ashton JB: Jose Baez CM: Cheney Mason JP: Be seated. Yes, Mr. Ashton. JA: At 8:40 this morning, I was handed by counsel documents under the indication that these were to be used by witness Dr. Kenneth Furton in his testimony. In them, in my quick review of them in the ten minutes until I told the court I needed time, I've discovered that apparently Dr. Kurt – Dr. Furton has done additional research since his report and my deposition which is a surprise to me, on specific issues such as identification of sources of chloroform, which he was specifically asked, page 87 of his deposition, indicated he couldn't particularly account for or gave some general speculation; apparently now he's proposing to present a specific slide identifying that – (indistinct) and I apologize if I can't give you exact quotes but. Also in his deposition he was asked about the possible sources of the odor signature, and basically indicated that he wasn't really aware, could be various things, and didn't identify anything particularly. And I've just been handed slides where apparently he's now planning to point out specific items and claim, I assume, they're the source of the odor. So I'm afraid once again we're in a position of experts having supplemented their opinions without notice to the state. JP: Mister-JA: Again, I only had ten minutes to look at this, it does appear that, I wanted to bring it to the court's attention. So before Dr. Furton testifies, I would request we have a full Richardson hearing on the matter. JP: Well we won't be having one today. JA: Yes, sir.

JP: So uh, we'll have one at the close of testimony, but he will not testify to anything that is not in his report. He can come back next week to finish it up, but-JA: Thank you. JP: Mr. Baez, you have anything you need to say? JB: Yes, uh, it appears that the state is incorrect. He's been asked about these issues, these are issues that are the center of the case, (sigh) I-JP: All I need to know, Mr. Baez, has his opinions changed since he was asked in his deposition? If they has he submitted a supplemental report that complies with this court's order that all experts not only disclose their opinions, but the underlining facts or data that supports their opinions? That's the only two questions I need to know answers to. JB: I do not see any new opinions that are being rendered here that weren't testified at either his Fry hearing testimony, his deposition or his report. This is a demonstrative PowerPoint that he wanted to use, I made a copy, I asked him for a copy of it, I arrived this morning, I immediately gave it to Mr. Ashton, and you know, I guess the more times you make this argument, I guess it becomes real at some point, even though it's not true. So he, Mr. Ashton could continue to make these allegations, and make them out, and make the allegations, and maybe all of a sudden they come to fruition in his world. I do not believe them to be true. JA: (inaudible) an opportunity to present an argument before the court, before Dr. Furton testifies, once I've had a chance to thoroughly examine the deposition and demonstrate those areas where his testimony has been supplemented. May have been supplemented. Again I don't know what he's gonna say, but I would just make that request. JB: (inaudible) asking for more time to review his deposition, he doesn't even know if this is new or not! So let me just go ahead and make the accusation, even though I don't have the proof, is what he's saying. If he knows a specific part that, if he's reviewed that deposition and knows that, that this is not in, and if he's reviewed the Fry testimony and knows that that's not in, then he can, then he has an argument. But unless he's done that, I don't think he should be in before Your Honor making allegations that he has no support for. JA: (inaudible) line 12 through, I believe, middle of the next page,

where there's discussion about where the chloroform came from, and he gives no information other than that's speculation, and is very vague in terms of cleaning products, et cetera. The PowerPoint has specific chloroform amounts for the specific items from the trunk. That's just the one I found quickly, sir. JB: (inaudible) these amounts were from the testimony of Dr. Rickenback, and, which counsel got from Dr. Rickenbach, which wasn't in his report. If you recall Dr. Rickenbach, he went through a chart, I may even have a paper here, where he asked him to go into percentages of how much chloroform was there, and Dr. Rickenbach went down the line, .01 percent, .05 percent, and so on and so forth, all of which was not in his report. And that's, and this is what I, this, he's stating it right here, detected in FBI chemistry lab. And he cites Mr. Rickenbach. So for Mr. Ashton to state that he doesn't know about this-JP: Well, somebody provide me a copy of this report. Since I don't think you've filed it. I have a copy of his deposition. And then, we will see. This demonstrative aid, is it of the same type of thing that the defense asked to be excluded, and which was excluded because it was not provided to the defense? JA: (inaudible) appears to be, Your Honor. I can, I don't have an extra copy, maybe counsel can provide the court with a copy of it, but it appears that it also-JP: Okay. JA: It also appears to cite studies that are not included in the report, more recent studies that were not available in that discussion. JP: Okay. Somebody get me a copy of the gentleman's report, I have his deposition, and I will deal with it, but, uh-JB: Your Honor, we're not gonna go through this. We will have him tailor his testimony to items that the state is fully aware of. It's nothing secret going on here. If he's objecting to the PowerPoint, we'll take that, whatever slides he has issues with, if they're legitimate issues, and we'll take it from there. This, this really has gone on long enough, and we're not willing to go into that. So I, if I have to tailor his testimony and narrow it, I am more than willing-JP: Well-JB: --to do so--

JP: Well-JB: --because I think he has plenty to say, and uh, all of these issues may be unnecessary. JP: Well-JB: Totally unnecessary. JP: Gentlemen, I don't know. The only thing I can do is, uh, read his report, read his deposition and see whether or not he has changed any opinions, and whether or not he has not complied with this court's order. And then, once I make that determination, then we will move from there. You would think that this would have grown old by now, but I guess some things never change. Mr. Mason? CM: (inaudible) JP: I can't hear you. CM: An entirely different subject, I'd like to ask a (inaudible). JP: Yes, sir. Madame Court Reporter. ((Sidebar, followed by 40 minutes of in camera proceedings.)) JP: Okay, let the record reflect that the defendant is present, along with counsel for the defendant, assistant state attorney. All right, does both sides concur that a legal issue has arisen, unrelated to the issue that we talked about first thing this morning dealing with Dr. Furton, that would necessitate us recessing for the day? Ms. Burdick? LDB: (inaudible) JB: Defense would agree as well. JP: Okay, then we will be in recess til 8:30 Monday. Madame Court Reporter, we have something we gotta do. End of transcript.

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