JM as to procedure, decision was made to list him as witness after phone call between JA and Abe.
Substantively, the comment was made by a party opponent. In addition JA called AA and asked him to lie to TA if he ever talked to him. This goes to show JA manipulation. The date in Dec in garage of Palm Desert Mall, JM objects to witness going into these statements because of the statements and no one is insinuating defendant is being promiscuous (which was Nurmis argument with case cited for death penalty defendant). JM answers JSS relevance Q by saying her credibility is always relevant. The date is relevant is for purposes of credibility because she only references a hug in the email, so she may have omitted the further touching. Nurmis says credibility of defendant is different in sentencing phase, important in guilt phase only. The basis of Nurmi's motion to preclude is based on case law that any insinuation of DP defendants promiscuity is inadmissible.
Ruling: hands down pants will be excluded.