They said they received the judge's order only after calling staffers in his court and asking for a faxed copy. Mr. Cooper noted that Charles Linch, a witness who had been subpoenaed from Virginia with Judge Francis' permission, was on a plane to Texas at taxpayers' expense even as the hearing was being canceled. He said he and Mr. Losch would work to secure affidavits from the witnesses who would have testified Friday. In his order, Judge Francis didn't overrule Ms. Routier's objections to the reconstructed transcript but instead preserved them for review by the Austin court. Mr. Cooper and Mr. Losch say they were unaware that Dallas County prosecutors planned to offer the original court reporter, Sandra Halsey, immunity from perjury prosecution if she turned over the tapes.
Prosecutors say the attorneys knew of the immunity offer.
Ms. Halsey had previously testified that no tapes existed.