7.Objections and Ruling on Exhibits 132–140
15 lines(Jurors out at 3:59 p.m.)
THE COURT: All right. Be seated. At issue are Exhibits 132 through, and including, 140. You, Mr. Fremgen, or Mr. Edelstein, have -- have objections to one or the other of those?
MR. FREMGEN: Judge, I have no objections to Exhibit 132, and 137 through 140. My objections are, specifically, to 133 and 136. They're curriculum vitae of the two witnesses. I don't believe that that is evidence. I'm not entirely sure why they were even, um, marked. These witnesses were testifying already about their expertise and their backgrounds. For the -- for those two, that's the reason I have an objection.
THE COURT: All right. You want to be heard on that?
MR. FALLON: Just -- They're just part of the record.
THE COURT: Uh, yeah. They can be received. They're not -- They're not going to be published to the jury or anything of that sort, SO...
MR. FREMGEN: And if that's the ruling of the Court, then I would have the same as to 134 and 135, and -- and, simply, if it gets to the point of what the jury wants to see, we want to be heard on that, because, technically, those are reports. Technically, they're hearsay reports. Um, the witnesses have already testified. And it should be the recollection of the witnesses at the time of jury deliberations, not what the reports say.
THE COURT: Yeah, I understand. I -- I -- I will receive all of them subject to, uh, the reservation of -- of hearing what gets published or what goes back, if anything, to the jury.
MR. FALLON: All right. That's fine. That's -- that's all we would ask.
THE COURT: Okay. Uh, anything else?
MR. FREMGEN: No, Judge.
THE COURT: All right. Uh, we'll meet in my chambers in about ten minutes?
MR. FALLON: Sure.
THE COURT: We're adjourned until tomorrow at 8:30 then.
(Court stands adjourned at 4:01 p.m.)