As to the record ....
5111
1
(Sidebar.)
2 THE COURT: I just looked at the last article
3 that appeared on Friday, there was no reference to me, no
4 quote, I should say. No reference, there was no quote.
5 Be that as it may, I just thought I would throw open the
6 floor, so to speak, to any suggestions that anybody might
7 have depending upon the questions I'm asked.
8 MR. LEVINE: Maybe Mr. Berke can fill us in a
9 little more.
10 MR. BERKE: I'm sorry, I've been trying to get
11 the article on my Blackberry. I heard it third hand or
12 secondhand before. Mr. Breen said something to the effect
13 that individuals who could be testifying, some of whom are
14 unindicted co-conspirators, to implicate themselves and I
15 think that was recorded.
16 I heard that, I don't know what was reported,
17 and I think there was other things on the sidebar. The
18 other witness, we didn't. Obviously, we had been very
19 clear to the witness that we can't give any legal advice.
20 We don't represent him, we represent Mr. Elgindy and we
21 can't discuss legal matters with him.
22 THE COURT: I can't give him advice either but
23 if he asks me, for example, "should I talk to my lawyer,"
24 I have to answer that question and the answer is yes.
25 MR. BREEN: It has to be yes, doesn't it?
....
5118
1 which I fully appreciate and I think you should have the
2 advice of some independent counsel.
3 THE WITNESS: This conspiracy theory is scaring
4 away all. I'm pretty much the one of the few people who
5 would be willing to stand up and tell what they think is
6 the truth, who was part of it.
7 A lot of people have scattered and run and tried
8 to hide so as not to be, you know, accused or embroiled,
9 or in some, way, shape, or form.
10 So, it just seems, you know, the prosecution is
11 scaring away all the witnesses including me.
12 THE COURT: Well, I'm not going to respond to
13 that because that involves a lot of different
14 considerations, but I think before you take the witness
15 stand, in light of the concerns you've expressed, you have
16 to either arrive at or arrive at a measure of comfort for
17 yourself.
18 You are not an attorney?
19 THE WITNESS: No. It's so unfair. I'm left
20 with no moral choice but to take the risk.
21 Which one is Breen? Is that you? Is it?
22 THE COURT: That's Mr. Breen.
23 THE WITNESS: Do you have plans for me? Do you
24 know?
25 MR. BREEN: Your Honor.
....
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 --
....
6393
1 A F T E R N O O N S E S S I O N
2 (Judge Dearie enters the courtroom at two
3 o'clock p.m.)
4 THE COURT: Come up, folks.
5 You had some problems with some exhibits. What
6 are they?
7 MR. LEVINE: What would you like to start with,
8 your Honor, documents for the witness?
9 MR. BREEN: One particular objection we had,
10 your Honor, was the communications that Mr. Berke is
11 offering regarding an individual name the Truth Seeker.
12 There's been testimony about this person Mr. Schneider,
13 and for a long time that was somebody that was on the
14 defense witness list and was recently removed from that
15 list.
16 Our view is that is somebody that we would like
17 to cross-examine, if his communications are going to be
18 offered, and that by offering them in this way is
19 basically doing it running around the hearsay rule.
20 Clearly they are being offered for the truth. The fact
21 they are coming from a specific individual and going to
22 Mr. Elgindy is in and of itself the truth of those parts
23 of the communication. And without the context of what
24 information is being communicated for the truth, we would
25 have no other real relevance to this case. So that would
FREDERICK R. GUERINO, C.S.R.
6394
1 be our objection. |
