to impeach his own witness, that's totally irrelevant for Mr. Gardiner unless he wants to do that. I can't imagine that being part of his case.
"THE COURT: I can't. In all fairness, go ahead with the question. I guess what I was doing was unfairly assuming the question, sir.
"MR. GINDES: I don't think you are, your Honor.
"THE COURT: Go ahead, Mr. Gardiner.
"BY MR. GARDINER:
"Q MR. Forsythe, have you ever been accused before of child molestation?
"A [by Wayne Forsythe] Never.
"MR. GARDINER: All right. I think that's all the questions I have at this time, your Honor.
"THE COURT: All right.
"Mr. Gindes.
"MR. GINDES: Nothing further.
"THE COURT: Pardon?
"MR. GINDES: Nothing further.
"MR. LORENZ: No questions.
"THE COURT: Mr. Sims.
"MR. SIMS: No questions.
*714 "THE COURT: Mr. Fusilier.
"MR. FUSILIER: No questions.
"THE COURT: Mr. Van Meter.
"MR. VAN METER: No questions.
"THE COURT: Oh, good...."
9. "MR. VAN METER: I'M ASKING HER [Colleen] TO REFER TO HER ENTRIES IN THE DIARY ON THESE SPECIFIC WEEKENDS TO SEE IF THAT REFRESHES HER MEMORY AS TO WHERE SHE WAS AND WHAT SHE WAS DOING.
"THE COURT: WE HAVE ALREADY COVERED WHERE SHE WAS AND WHAT SHE WAS DOING. YOU WANT TO FIND OUT IF SHE WAS AT THE GREEN HOUSE.
"MR. VAN METER: I HAVE ASKED HER TO REFER TO THE ENTRIES IN THE DIARY ON FRIDAY, SATURDAY, SUNDAY ON THESE SPECIFIC WEEKENDS IN ORDER TO ALLOW HER TO REFRESH HER MEMORY SPECIFICALLY AS TO WHAT SHE WAS DOING ON THESE SPECIFIC WEEKENDS SO WE CAN DETERMINE WHETHER OR NOT SHE WAS AT THE GREEN HOUSE.
"MR. GINDES: IT SOUNDS LIKE A MOZART SONATA.
"MR. VAN METER: I WOULD ASK THAT COUNSEL BE CITED FOR THAT REMARK.
"THE COURT: NO, JUST ASK YOUR NEXT QUESTION.
"BY MR. VAN METER:
"Q WOULD YOU REFER TO YOUR DIARY -
"MR. GINDES: HA, HA, HA.
"MR. VAN METER: NOW, MR. GINDES IS LAUGHING OUT LOUD AT THE BEGINNING OF MY QUESTION. I WOULD ASK AGAIN THAT HE BE CITED FOR MISCONDUCT.
"MR. LORENZ: I AM, TOO. IT'S HARD NOT TO LAUGH.
*715 "MR. FUSILIER: THIS IS A SERIOUS MATTER, YOUR HONOR.
"THE COURT: I REALIZE THAT COUNSEL.
".... .... .... .... ....
"JUST ASK THE NEXT QUESTION, MR. VAN METER.
".... .... .... .... ....
"BY MR. VAN METER:
"[Q] MS. FORSYTHE, DID YOU GO TO THE GREEN HOUSE ON FRIDAY, THE 17TH OF DECEMBER?
"MR. EYHERABIDE: OBJECTION, ASKED AND ANSWERED, 352 OF THE EVIDENCE CODE.
"MR. VENDRASCO: I ALSO OBJECT. THE PROBATIVE VALUE IS OUTWEIGHED BY THE CONSUMPTION OF TIME.
"THE COURT: OVERRULED. WE'LL SEE IF YOU CAN TIE IT TOGETHER, MR. VAN METER.
"MR. VENDRASCO: BEFORE JUNE OF '85.
"MR. VAN METER: YOUR HONOR, THAT IS ENOUGH. I ASK HE BE CITED FOR MISCONDUCT FOR THAT REMARK IN FRONT OF THE JURY.
"THE COURT: COUNSEL, I WOULD REQUEST -
"MR. GINDES: COULD WE COMPROMISE? PERHAPS HE CAN GO MONTH-BY-MONTH AND ASK HOW MANY TIMES.