Judge says we are done for the day. Hoping for a sweep tonight! See you tomorrow.
Now we take up other legal issues says the judge.
US Attorney Mark Chutkow happy to raise the issue now.
12:01PM Chutkow: Trial brief filed on contract extortion. Defendants got property using fear. To prove that, defendant need not create the fear but exploit it. No need to show some specific threat but reputational interest of suffering harm.
Need to not only show mental state of defendants but of victims'- "climate of fear." What we need to do to show reasonable belief is to show everything that went to them that made them feel they had to do business with Mr. Ferguson. Many contractor will come forward saying that if they didn't do business with Bobby chances for business was quite slim.
Even Derrick Miller conceded that point was made. There are text messages. We are going to introduce evidence in both directions. What victims knew in city of Detroit and what they said to other contractors.
Getting lost in all the legal minutiae.
Chutkow says we just wanted to give advance notice now that we are going into the extortion area.
12:06PM Judge says my suggestion is to take this up tomorrow morning at before jurors arrive.
12:06PM Gerald Evelyn says it would be giving them carte blanche to go ahead of this.
12:06PM Judge says even if I generally agree with this I would need more specifics...
We should plan to be here by 8:30AM or so to go over that day's witnesses.
12:08PM Evelyn is saying there should be a line at some point especially if they are introducing something.
12:08PM Judge says well my experience in 21 years as a judge is that things come up. If things come to your attention, get to them right away. I agree with evelyn on that.
12:09PM Mike Rataj gets up. Says they get emails at 8 am with several exhibits and this has been going on for several weeks. Have to put a stop to that,
12:10PM My experience of the government that they don't play that game. I'm asking them now to produce things. I'm aware that things come up as a result of cross examination.
12:10PM Rataj says that is a bold faced lie. (He's talking about government being timely with producing things for defense. not talking about the judge.
12:11PM Chutkow gets up and says we have produced things timely. most of things have been produced in advance and giving them. We are constantly dropping exhibits and producing them as they go. The vast bulk of exhibits they have been receiving has been giving to review. I take umbrage by what he said.
12:12PM I want things produced certainly by the end of the week. That is all I have to say at this time.
12:12PM Susan Van Dusen gets up. Doesn't know why defense was receiving grand jury testimony just last Friday.
12:13PM. Chutkow says transcript was just made. We are struggling with putting together a logical, coherent case. The moment it was transcribed it we sent them to it. we are not playing hide the ball.
12:14PM Judge says I have nothing further to say at the time.
12:16PM Rataj reads a list of witnesses coming up including Jon Rutherford.
12:16PM John Shea requests a sidebar.