Premise: They refuse to testify at a deposition, and my suggestion to them was that if we were capable of resolving something as a result of this conference, that they would then attend a deposition, because I believe the defendants would have a right to cross-examine them or otherwise examine them prior to them taking the stand. And based upon that, they would then testify in court.
Hypothesis: The "they" referenced in this context have sided completely with the prosecution.