HJBP: Well Mr. Baez I am going to ask you the same question I asked you at the sidebar. What you are basically saying sir, is that you can pick which court orders you comply with and which court orders you don't comply with. And, uh, that's not going to happen here.
JB: I couldn't disagree with you more Your Honor.
HJBP: Well, Mr. Baez to be quite frank, both sides have engaged in what I call game play. Okay? And this is not a game. And the reason the order was placed in the first place was because both sides were engaged in some form of it at some time. And the reason the order was entered is because I did not want to be at the position I am currently in now. It's that we have experts with no opinions that, I mean major opinions that are not contained in their reports and uh, the easy thing is if a report comes about or an opinion comes about you disclose it. It's not hard to do Mr. Baez. It is quite easy to do. Even if it happens at the last minute. So, here I am faced with; what is the remedy. It's quite ironic that we were scheduled to be here at 8:30 this morning to talk about a possible violation of the rule of sequestration. So uh, you go back you review the cases and all of the cases seem to say that exclusion of the witness from testifying as a very extreme and harsh rule that is not to be done except in the most aggravated situations and uh, but they list a couple of other things that you can do. It appears to me that this was quite intentional. This was not some inadvertent slip. This was not some sub issue of a major issue. It was not inadvertent, the question is is whether or not Ms. Anthony should be punished as a result of this. Case law seems to indicate the following: Contempt. An instruction to the jury concerning the violation that has occurred and let them use it in judging the credibility or believability. So what other opinions is this witness going to give that has not been disclosed in his report? Well this is what I'm going to do, what other witnesses do you have available for the day?
JB: I have uh, Dr. Spitz as well.
HJBP: Okay, this is what we're going to do: we're going to stop the day at 1:00. This witness is going to step down, you can take his deposition this afternoon and he will testify one day next week, Monday. I will entertain a possible instruction if the state wants to draft one about this violation and I will decide whether or not I will do it. I will reserve the decision whether or not we should proceed to contempt proceedings at the conclusion of this trial.
JB: I would request that the court also look at the answer filed by the defense where I clearly laid out that Dr. Rodriguez would be called also to rebut any issues raised by the prosecution in trial. This does fall under that category.
HJBP: Mr. Baez this is not my first radio, rodeo rather. Let me say, I've tried one or two cases as a lawyer...
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