HOUR AND LOOKED THROUGH THEM. THEN I PAPER CLIPPED THOSE PARTS THAT SAID SOMETHING ABOUT MADE UP OR ENTICED OR FALSELY ACCUSED SOMEBODY OF MOLESTATION, AND I KNOW MR. GINDES HAD TOLD MR. FUSILIER, `WELL, THERE WAS NO SUBSTANTIATION FOR THAT,' AND THE COURT SAID, `IF YOU HAVE ANYTHING ON THAT,' YOU KNOW, `BRING IT FORWARD.' SO THAT IS WHEN I GAVE THE INFORMATION TO MR. FUSILIER.
"I SHOWED HIM THAT THERE WAS SOMETHING IN SOME RECORDS SOMEWHERE ABOUT THAT SO THE COURT DIDN'T THINK HE WAS JUST MAKING THAT UP.
"MR. GINDES: THE WAY I SEE IT, PERHAPS I'M WRONG AND WE'LL CHECK THE COURT'S RECORDS, IS THAT MR. EYHERABIDE MADE A MOTION IN FRONT OF JUDGE WESTRA TO HAVE THE RECORDS OF ALL THESE CHILDREN TURNED OVER TO HIM. JUDGE WESTRA HEARD THIS MOTION FOR HOURS UNDER SECTION 288(C) OF THE PENAL CODE, JUDGE WESTRA RULED THAT MR. EYHERABIDE COULD NOT INSPECT THOSE RECORDS.
"MR. EYHERABIDE HAS NOW ADMITTED THAT ON DECEMBER THE 4TH, 1984 HE CAME INTO POSSESSION OF THOSE RECORDS IN THE PRETEXT OF GETTING COLLEEN['S] RECORDS, WHICH I THINK THE COURT CAN SEE VERY CLEARLY THAT WHEN YOU HAVE A CHILD COUNSELED IN CHILD GUIDANCE, HE IS NOT LOOKING FOR HIS CLIENT'S RECORDS, HE IS LOOKING FOR THE CHILD'S RECORDS....
"NOW, TO MR. EYHERABIDE'S MIND, THAT MIGHT SEEM LIKE LEGAL CONDUCT, BUT IT CERTAINLY STRIKE[S] ME AS CRIMINAL CONDUCT WHEN COUNSEL IS DOING SOMETHING LIKE THAT. IT'S AT LEAST A CONTEMPT, AND IT LOOKS LIKE A COUPLE OF FELONIES ARE INVOLVED IN THERE, TOO.
"THE COURT: THE SITUATION IS, NOW WE HAVE THE RECORDS. THE NEXT QUESTION IS, WHAT DO WE DO WITH THEM.
"MR. GINDES: THE NEXT QUESTION IS, WHETHER MR. EYHERABIDE SHOULD BENEFIT BY HIS OWN MISCONDUCT.
"THE COURT: NOT NECESSARILY....
*790 "MR. FUSILIER: I THINK THE COURT SHOULD RULE THESE ARE ADMISSIBLE REGARDLESS OF THIS COLLATERAL SITUATION HE IS BRINGING UP. WE HAVE THE INFORMATION, WE HAVE HEARD THE TESTIMONY. I THINK THAT MY CLIENT IS ENTITLED TO HAVE THAT BROUGHT BEFORE THE JURY, YOUR HONOR, I THINK YOU OUGHT TO RULE IN OUR FAVOR ON THAT.
"MR. GINDES: FIRST OF ALL, YOUR HONOR, I THINK WE SHOULD HAVE MR. GIANQUINTO COME TO COURT, AND I'M SURE HE IS GOING TO PROBABLY PURSUE IN SOME LEGAL REMEDIES AGAINST MR. EYHERABIDE."
We need not decide whether the court erred in denying discovery of the guidance clinic records. Assuming Gindes properly objected to their discoverability and admissibility, it served no proper purpose for him to accuse Eyherabide of committing felonies in obtaining the records, especially in light of Eyherabide's explanation as to how he got them.
5. "MR. GINDES: I want to report to the Court after I asked Mrs. Darling the question Lisa, excuse me, Linda appeared really happy after Lisa had testified, Mr. Van Meter raised his head and looked directly at the jury and said, `That's because she told the truth in court' and said that to the jury. I don't