1979 BEING IN THE OFFICE OF SCAN?
"A I HAVE PROBABLY BEEN THERE A TIME OR TWO.
"Q DO YOU REMEMBER BEING IN THE OFFICE THAT DAY AND BEING TOLD THAT THE SPOON STORY WAS INCONSISTENT WITH YOUR EXPLANATION.
"A NO.
"MR. RUBIN: OBJECTION, HEARSAY.
"THE COURT: OVERRULED.
"BY MR. GINDES:
"Q DO YOU REMEMBER TELLING THE PEOPLE AT SCAN THAT IT WAS `THE BABY-SITTER THAT MADE THE BLACK AND BLUE MARKS AND IT WASN'T YOU'?
"A NO, I DON'T REMEMBER MAKING THAT STATEMENT.
"Q YOU NEVER ACCUSED THE BABY-SITTER OF DOING ANY OF THIS?
"MR. FUSILIER: ARGUMENTATIVE, OBJECT.
"THE COURT: OVERRULED.
"THE WITNESS: I DON'T REMEMBER.
"MR. FUSILIER: I WOULD LIKE TO INQUIRE IF THIS IS COMING OUT OF MR. GINDES' IMAGINATION OR IS IT A STATEMENT?
*768 "MR. GINDES: DO YOU THINK THAT IS WHERE I'M GETTING IT?
"MR. FUSILIER: YES, THAT IS WHAT I'M BEGINNING TO THINK. I DON'T HAVE ANY SUCH DISCOVERY AS THAT.
"MR. EYHERABIDE: YOUR HONOR, I, FOR THE RECORD, WAS NOT AWARE OF THESE REPORTS MYSELF.
"MR. GINDES: I THINK THE COURT CAN TAKE NOTE OF THE FACT, WE, ON NUMEROUS OCCASIONS TOLD COUNSEL WE HAD THEM AND MADE THEM AVAILABLE FOR INSPECTION. AS A MATTER OF FACT, IF COUNSEL SAYS THEY DIDN'T HAVE THEM, WHEN WE GOT THE REPORTS THERE WAS A SUBPOENA FROM MR. PITTS' LAWYER, IT WAS ON THE TOP OF THE REPORT AND THAT HE HAD GOT THEM.
"MR. EYHERABIDE: I NEVER GO[T] THEM.
"THE COURT: OBJECTION OVERRULED.
"MR. RUBIN: CAN WE HAVE MR. PITTS' PREVIOUS LAWYER?
"MR. GINDES: MR. PITTS' LAWYER?
"MR. RUBIN: I WOULD ASK COMMENTS OF COUNSEL TO BE STRICKEN, THEY'RE MISLEADING. I'M MR. PITTS' LAWYER, I NEVER SUBPOENAED THOSE RECORDS.
"MR. GINDES: I'M NOT GOING TO ARGUE WHAT I TURNED OVER TO THE OTHER LAWYER.
"MR. FUSILIER: I DON'T BELIEVE THERE ARE ANY RECORD[S] FROM THIS STATE OF WHAT PERSONS SAID ABOUT VARIOUS SCAN INVESTIGATIONS.
"THE COURT: SHOW HIM THE DOCUMENTS.
"MR. EYHERABIDE: I WOULD MOVE FOR COPIES OF THE DOCUMENTS.
"MR. LORENZ: I THINK I SAW THEM BEFORE TRIAL, AS A MATTER OF FACT.
"MR. GINDES: THESE WERE OFFERED TO ALL COUNSEL.
*769 "MR. EYHERABIDE: THEY WERE NOT EVER OFFERED TO ME OR DISCLOSED TO ME.
"MR. FUSILIER: STATEMENTS ABOUT PLASTIC SPOONS OR THINGS LIKE THAT, NOW [sic] WHERE CAN THOSE BE FOUND IN HERE.
"MR. EYHERABIDE: I THINK THE COURT CAN NOTE IF THEY HAD OFFERED THEM TO ME I WOULD HAVE TAKEN THEM.
"MR. LORENZ: MR. VENDRASCO MADE THEM AVAILABLE TO ME BEFORE THE TRAIL [sic] STARTED.
"MR. EYHERABIDE: HE NEVER TOLD ME ABOUT THEM. HE IS LAUGHING, YOUR HONOR, BUT I WOULD LIKE TO SEE HIM GET UNDER OATH AND HAVE HIM SAY THAT HE DID.
"MR. VENDRASCO: ARE YOU RUNNING THIS COURT, MR. EYHERABIDE?
"MR. EYHERABIDE: MR. -
"THE COURT: MR. EYHERABIDE, THAT IS IT.
".... .... .... .... ....
"THE COURT: THOSE WILL BE AVAILABLE FROM THE DISTRICT ATTORNEY'S OFFICE....
"BY MR. GINDES:
"Q DIDN'T YOU, AFTER YOU LEFT