"MR. FUSILIER: I DIDN'T, YOUR HONOR. I WASN'T THERE.
"THE COURT: I WOULD SUGGEST THAT SOMEBODY, I WOULD IMAGINE THAT OVER THE NOON HOUR, SOMEBODY LAID A SUBPOENA ON THE HENRIETTA WEILL -
"MR. GINDES: WHETHER THEY LAID A SUBPOENA ON THEM OR NOT, IT'S TOTALLY IMPROPER. THOSE RECORDS HAVE BEEN RULED INADMISSIBLE BY JUDGE WESTRA. I THINK HE REVIEWED THEM IN CAMERA, AND FOR SOMEBODY - MAYBE HE GOT THEM FROM HIS CLIENT OR SOMETHING LIKE THAT, BUT FOR THE ORIGINAL RECORDS WHICH ARE CONFIDENTIAL RECORDS BETWEEN A CHILD AND A PSYCHOLOGIST, TO GET TO THE COURT LIKE THIS, THERE MUST BE SOMETHING WRONG. I DON'T KNOW HOW THEY DID IT.
".... .... .... .... ....
"THE COURT: ... WE'LL TAKE THAT UP AT THE END OF THE DAY WHEN WE FIND OUT HOW THE RECORDS ARRIVED.
"DID YOU SUBPOENA THOSE, MR. EYHERABIDE?
"MR. EYHERABIDE: I WOULD PREFER TO TELL THE COURT PRIVATELY. I JUST DON'T THINK IT'S GERMANE.
*786 "MR. GINDES: I DON'T THINK HE HAS A RIGHT TO TELL THE COURT PRIVATELY. I THINK IT'S A MATTER HE SHOULD BRING BEFORE THE COURT.
"THE COURT: WERE THE RECORDS SUBPOENAED?
"MR. EYHERABIDE: YES.
"MR. GINDES: COULD I ASK MR. EYHERABIDE HOW HE SUBPOENAED THEM? HOW ABOUT THE SUBPOENA RECORDS FROM MR. FUSILIER?
"MR. FUSILIER: THIS IS IRRELEVANT. THAT IS A COLLATERAL MATTER. IS HE HIDING EXCULPATORY INFORMATION HERE?
"THE COURT: THE RECORDS WILL REMAIN HERE, GENTLEMEN. LET'S CONTINUE THE CROSS-EXAMINATION.
"MR. GINDES: I JUST MIGHT INFORM THE COURT THAT MR. EYHERABIDE PERSONALLY MADE A MOTION IN FRONT OF JUDGE WESTRA TO HAVE ALL THE RECORDS OF THE HENRIETTA WEILL MEMORIAL CLINIC OF THE CHILDREN VICTIMS PRODUCED BEFORE JUDGE WESTRA. JUDGE WESTRA DENIED THE MOTION AND QUASHED THE SUBPOENA.
"IF MR. EYHERABIDE HAS SOMEHOW GONE BEHIND JUDGE WESTRA'S BACK AND SUBPOENAED RECORDS IN ANY WAY OR HAS GOTTEN THOSE RECORDS, MAYBE I'M MISJUDGING HIM, BUT THAT IS WHAT IT LOOKS LIKE TO ME, WE HAVE GOT A VERY SERIOUS PROBLEM TO DEAL WITH.
"WHEN THE JUDGE SAYS YOU CANNOT HAVE ACCESS TO THIS RECORD AND THE JUDGE SUPPRESSED THE RECORDS UNDER 288(C) OF THE PENAL CODE, AND I'M SURE THAT IS IN THE COURT'S FILE, IF MR. EYHERABIDE WENT IN THERE SOMEHOW AND BY SOME TRICK OR DEVICE, GOT THOSE RECORDS OFF THE CLINIC AFTER THE JUDGE ORDERED THEM, ORDERED THAT THEY WERE NOT DISCOVERABLE, I THINK MR. EYHERABIDE IS GOING TO HAVE A LITTLE BIT OF TROUBLE CONTINUING WITH THIS TRIAL.
"I DON'T KNOW IF HE DID, MAYBE I'M MISUNDERSTANDING SOMETHING.
".... .... .... .... ....
*787 "MR. FUSILIER: I WAS INTENDING TO BRING THAT UP JUST BEFORE MY DEFENSE BEGINS, YOUR HONOR, BUT I THINK WHATEVER THIS IS HAS NOTHING TO DO WITH THE MERITS OF OUR MOTION NOW.
"IT'S OBVIOUS TO ME THAT MY CLIENT IS ENTITLED TO BRING THAT OUT, YOUR HONOR. THIS LITTLE GIRL IS ACCUSING - NOT ONLY HAS SHE ACCUSED THOSE THREE MEN FALSELY, BUT THERE IS AN ALLEN [B.] AND ANOTHER