MR. DAVIS: At this time, the State would call Doctor Frank Peretti.
MR. FORD: Your Honor, at this time, I would request to make that statement outside the presence of the jury.
THE COURT: You need an in-camera hearing?
MR. FORD: Yes, sir.
THE COURT: All right, ladies and gentlemen, you‘ll need to step back in the jury room for a few minutes.
(JURY LEAVING THE COURTROOM AT THIS TIME)
(THE FOLLOWING CONFERENCE WAS HELD AT THE BENCH)
MR. WADLEY: Judge, I don't think the State has a problem with this. It would be a whole lot easier to go somewhere and sit down and talk about this stuff without the media present. Judge, this is not -- (1779)
THE COURT: I agree with you, but I don‘t know where we can do it.
MR. DAVIS: My concern is, Judge, and I know they'll work with me. These pictures are in a certain sequence and order and packaged according -- if they are gone through, I would appreciate all efforts to keep them in order.
MR. FORD: Can we not have an in-camera hearing in the judge's chambers or in Ms. Spencer's office? I've always been of the opinion that in-camera meant private amongst the judge and the lawyers.
THE COURT: That's normally what's meant by it, but have we got a room big enough for all sixty of the news media to come in and listen because they're going to get to so we might just as well do it right here.
MR. FORD: It's always been my understanding that in-camera meant --
THE COURT: Gentlemen, I concur and I agree with you, but I don't want to have every aspect of this case taken to the Supreme Court on a writ because we've excluded the press. Unless you can find me some more cases, I'm going to do it right out here.
MR. FORD: The Tedder case -- you allowed it at one point in time based on the Tedder rationale --
THE COURT: -- I thought that rationale was (1780) appropriate --
MR. WADLEY: -- Judge, there wasn't anything raised by the media in Corning about us going back there and having those meetings, not one time.
THE COURT: I agree with that, too.
MR. FORD: We would request that, your Honor.
THE COURT: All right. We'll go back here.
MR. FORD: We can take Barbara's equipment back there, too.
THE COURT: No, we'll go back there and talk about the pictures and then come out here to make the pronouncement.
(THE COURT AND COUNSEL HAVING OFF-THE-RECORD CONFERENCE IN CHAMBERS)
