THE COURT: All right, ladies and gentlemen, we're going to take a ten-minute recess at this time. And to the audience, let's be back in before the recess is over. All right, make it fifteen minutes -- that should give us time.
And ladies and gentlemen, you all can feel free to use the jury room. There's coffee back there for you, and there's one rest room that we'll have to share. Again, you all are reminded of the admonition of the Court that you are not to discuss the case among yourselves or with anyone until it's submitted to you.
(RECESS)
(THE FOLLOWING CONFERENCE TOOK PLACE AT THE BENCH)
MR. FOGLEMAN: First of all, Mr. Ford in his opening statement said that Jason, despite his protestations of innocence, nobody would listen to him. And we submit that the opens the door for us to put on proof that when the police tried to talk (1492) him, his mama came running up, screaming, saying get away from my son, get away from my son. Mr. Ford in his opening statement said that nobody would listen to his protestations of innocence. He wouldn't talk to anybody --
MR. WADLEY: -- I don't think that‘s what he said.
MR. FOGLEMAN: -- well, we can have the record played back. That is what he said. And we submit that that opens the door for us to go into that area.
THE COURT: Well, let me think about that before you do it.
MR. FOGLEMAN: The second thing is --
THE COURT: Let's have a hearing on it before you do it.
MR. FOGLEMAN: The second thing is, is that's it's apparent from their opening statement that they intend to go into a number of suspects that the prosecution or the police looked at, and we submit that -- we ask the Court in limine to instruct them not to inquire about any suspect, other suspects, unless they have some relevant evidence to show some connection with that suspect to the crime.
THE COURT: Gentlemen, I'm not going to allow a witch hunt on people whose name might come up in a (1493) police file, if that's what you're intending on doing. So it's going to have to be relevant if you raise it, or I'm not going to allow it. If it's relevant and you can connect it, you can show some relevance, it's wide open.
MR. FOGLEMAN: Right, but I don't think they're going to be able to show any.
THE COURT: I'm not going to let you get up there and ask a policeman and say well, did you check out Mr. John Jones or such and such, like that.
MR. FOGLEMAN: Your Honor, for instance we ran across some very strange people, I mean very strange people, but no connection to the crime. No evidence to connect them to the crime.
THE COURT: Well, I mean --
MR. FORD: We're entitled to inquire as to what knowledge or information you are aware of. What is the sources? What is the findings of your investigation? And ask them about certain facts of their investigation. That‘s all I want to do, Judge.
MR. FOGLEMAN: But, Your Honor, unless it --
THE COURT: If it's not relevant -- it'll have to be relevant if you start bringing up a bunch of stuff that were false leads and stuff like that. I'm not going to allow that. (1494)
MR. FOGLEMAN: Well, see, that's what they're wanting to do. They’re wanting to just ask the question and make us object so it looks to the jury like we're trying to hide something.
THE COURT: Well, I'm not going to allow that, false leads.
MR. FORD: He doesn't know what I'm doing, Judge.
THE COURT: Well, I don't know, either. And I'm not sure I know what he's talking about. But I'm telling you, I'm only going to allow relevant inquiry. So you're pre-warned.
MR. PRICE: Just one other thing. Has a decision at this time been made about whether or not Mr. Misskelley will testify?
THE COURT: I don’t have any idea. I made my decision in that regard. I told you he'd be -- if it's worked out and he's agreeable to it and they want to, fine.
MR. PRICE: Has anything been worked out, is my question.
