In Session Judge: What I was advised of was that it was all or nothing . . . give us the mistrial with prejudice, or forget it. Greenberg: Judge, the issue is first of all whether or not there should be a mistrial, with or without prejudice; thats up to you. That is a decision you have to make. I suppose the issue that Mr. Brodsky was arguing is that Mr. Peterson does not feel that given what has transpired that he should have to go through this again. We feel weve been goaded through this repeatedly, and a mistrial with prejudice is the appropriate remedy. If you feel a mistrial is appropriate, but without prejudice, then perhaps wed like to fashion a different remedy. Judge: Im not going to come back here and say, This is what Im going to do, if its all right with Mr. Peterson. Thats not going to happen. If you want to withdraw your request for a mistrial, please feel free to do so . . . but to say the defendant can ask for one kind of a mistrial or not another, thats not going to happen. I think Ive heard enough from everyone . . . Im going to take this under advisement until 9:00 tomorrow morning . . . Ive already sent the jury home. Were in recess.