On the list, off the list. Why were you removed from the witness list?
12/15/04 5688 1 or no, he's not. 2 THE COURT: Mr. Berke, what did you want say? 3 Something else? 4 MR. BERKE: Only if you want me go give a 5 preview of the witnesses. Realistically, we are juggling 6 various other witnesses who we talked about, who were 7 still unknown. We can address the different names, but I 8 do think tomorrow we will be filled up with SEC lawyers, 9 and unfortunately, I know you've been very patient as 10 we've had some unexpected scheduling changes. 11 I think on Monday, Monday, Tuesday, Wednesday we 12 expect Floyd Schneider and more SEC witnesses. We will 13 try to accommodate everybody's schedules, but I think -- 14 THE COURT: You're not going to have any SEC 15 witnesses from there. I mean, Mr. Elgindy's point is he 16 wants the jury to know that he's had a long history of 17 dealing with the Securities and Exchange Commission and 18 other institutions to the extent that hasn't already come 19 out, all right, I understand that, but there's a limit. 20 MR. BERKE: I understand that. The actual 21 witnesses -- 22 THE COURT: I don't get encouraged, frankly, 23 when I look at these series of transcripts of 24 conversations between Mr. Elgindy and John whatever his 25 name is. Message 21746812 |