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From: Jasper
Date: 22 Sep 2005
Time: 11:51:59 AM
Bob August, …..My use of the word "specific" refers to the entire post to specify a general statement I made in my previous post. It should be clear that I was giving only a summary in the first paragraph of what happened by the fact that I did not even suggest I was quoting anyone. If I wanted to do that I would have use this: http://www.smartfellowspress.com/_Iago21/000000f3.htm because it contains the only reference to the duration of the call by way of a news article that used to be available in full online. Its very existence confirms that a reporter from the New York Daily News, at least, saw a copy of the record before Shapiro mentioned it in court. The defense did not make a mistake. Neither did Marcia. …….The point I wanted to make is that Marcia was not trying to hide an 11:00 phone record (because it didn’t exist). She was trying to hide a separate 10:17 – 10:28 record that did exist. She knew it because she gave it to the defense and she played a slick game of “I’m going to have to look for it” in order to seal the record. She did not deny that she gave it to the defense. Shapiro told her the 10:17 time on it and she did not dispute it. She didn’t even register surprise that he said it. Hodgeman didn’t, either. Indeed they made it appear that it their stipulation was a mere formality that would be made as soon as they found their copy. Hell, it was a copy of the same records and Marcia already said, “If that's what the records say, there will be no problem ...” ……….There is no indication anywhere that there was “a problem.” The prosecutors simply never made the stipulation (an agreement requiring no offer of proof to the legitimacy of their own work product – the records they got from the phone company). ……I’m glad you posted the actual words used in this game. You’re technically right, of course. I did get the specifics wrong of what was said in court but I wasn’t talking about the specific words. I was talking about the specific game. I got a portion of that wrong, too, because I got the stipulation sequence wrong. I went though this in my lawsuit so I should have known better. And it is a key point in terms of understanding the legal mechanism used by both sides to make the record vanish (to get the judge to seal it). The fact that Shapiro was asking Marcia to make the stipulation meant that the defense had already done so. They needed the prosecution’s stipulation to make it a done deal. The defense apparently didn’t get it and proceeded as though the issue never arose. –Jasper