"MR. GINDES: ... AS FAR AS DISCLOSURE IS CONCERNED, I HAVEN'T LISTENED TO PROBABLY 90 PERCENT OF THESE TAPES. MOST OF THESE CONVERSATIONS ARE ABOUT THESE DEFENDANTS BABBLING ABOUT ALL TYPES OF THINGS.
"THE COURT: CIGARETTE MONEY -
"MR. GINDES: OR THE TYPE OF THINGS THAT PEOPLE LIKE THAT TALK ABOUT AND THEY'RE DEPRESSING TO LISTEN TO, THEY'RE FOOLISH TO HEAR AND FRANKLY, IT'S HARD TO LISTEN TO THOSE TYPES OF CONVERSATIONS WHEN THEY TAKE PLACE.
"NOW, WHEN COUNSEL ANNOUNCED CAROL FORSYTHE WAS GOING TO TAKE THE STAND I REALIZED WE DID HAVE SOME JAILHOUSE VISIT TAPES AGAINST HER. I BEGAN LISTENING THE LAST *792 COUPLE DAYS TO SOME OF THOSE TAPE RECORDINGS THAT WERE MADE AND ACTUALLY SOME OF HER STATEMENTS STRUCK ME AS A BIT UNUSUAL.
"HOWEVER, I DIDN'T KNOW THEY WOULD BE ADMISSIBLE UNTIL I FIGURED OUT WHAT KIND OF TESTIMONY SHE WOULD GIVE....
"YESTERDAY, AS SOON AS THE COURT ORDERED DISCOVERY OF THESE TAPES, I TOOK EVERY TAPE I WAS GOING TO USE, I INSTRUCTED MY SECRETARY TO MAKE COPIES SO ANY ATTORNEY THAT WOULD COME IN COULD GET A COPY LAST NIGHT. BUT NO ONE CAME IN LAST NIGHT.
".... .... .... .... ....
"WE WOULD LIKE THE RECORD TO REFLECT THAT MR. EYHERABIDE WAS STANDING UP AND SHOUTING IN FRONT OF THE JURY THAT MR. VENDRASCO WAS A LIAR AND THAT HE WAS LYING AND I THINK IT'S HIGHLY UNPROFESSIONAL CONDUCT BY MR. EYHERABIDE. I HAVE NEVER BEEN IN COURT OR HAD A TRIAL WITH MR. EYHERABIDE BEFORE EXCEPT THE PRELIMINARY HEARING. THAT WAS THE FIRST EXPERIENCE WHERE I HAD AN EXPERIENCE WITH MR. EYHERABIDE WHERE JUDGE LUND WAS THREATENING TO FIND HIM IN CONTEMPT WITH THE CONDUCT HE WAS COMMITTING.
"MR. FUSILIER: THIS IS IRRELEVANT.
"MR. GINDES: I THINK MR. EYHERABIDE FEELS, YOUR HONOR, THAT IF YOU GET AWAY WITH SOMETHING TEMPORARILY THAT THAT SHOWS YOU'RE A BIG SHOT, YOU CAN KEEP DOING WORSE AND WORSE THINGS. I THINK THAT IS WHERE HE IS COMING FROM.
"HE IS BLOWN UP WITH THIS EGOMANIA AND HE IS FOOLISH TO DO IT. HE IS NOW ENGAGING IN ALL TYPES OF CONDUCT HE SHOULD NOT ENGAGE IN. I HAVE HAD REPORTS FROM VARIOUS WITNESSES AND AGENCIES OF THINGS THAT MR. EYHERABIDE IS DOING THAT IS JUST SHOCKING TO ME. AND, YOU KNOW, HE JUST CONTINUES TO DO IT AGAIN AND AGAIN AND CALLING MR. VENDRASCO A LIAR IS THE LATEST CULMINATION OF THIS THING. I REALLY THINK COUNSEL IS ALWAYS OFFERING TO CITE THE DISTRICT ATTORNEY FOR MISCONDUCT -
"MR. FUSILIER: LET ME INTERJECT. I DIDN'T HEAR HIM CALL MR. VENDRASCO A LIAR. HE JUST SAID THAT WASN'T THE TRUTH.
*793 ".... .... .... .... ....
"MR. EYHERABIDE: I WOULD LIKE TO REQUEST A HEARING AT THIS TIME, EVIDENTIARY HEARING, ON WHEN THE PROSECUTION BECAME AWARE OF ALLEGED THREATS MADE TO WITNESSES. I WOULD MAKE A MOTION FOR DISCOVERY OF ANY AND ALL REPORTS OR INFORMATION CONCERNING THREATS MADE TO WITNESSES. I WOULD LIKE TO KNOW