Page 7 - Wayne Dispatch Pages
P. 7
1 was sort of a theory that was kind of talked around about
2 what the relevance of these witnesses would be.
3 It strikes me that these witnesses are really
4 more 404(b) witnesses in terms of, um, character evidence
5 against (inaudible) than anything having to do with res
6 gestae in this case.
7 And, clearly, haven't gotten a notice of that.
8 I'm still working through with the implications of how
9 these witnesses would become relevant.
10 This is just something I want to place on the
11 record at this point at the outset rather than halfway
12 through trial making the same point.
13 THE COURT: All right. Well, I guess, perhaps
14 Mr. McCarty will have to make an offer of proof if there
15 is an objection and I will have to rule on that as these
16 witnesses are potentially offered.
17 MR. PENNEY: Thanks, Judge.
18 THE COURT: All right.
19 MR. MCCARTY: Judge, as it relates to the
20 substantial and compelling reasons to depart from an
21 eventual sentence assuming a conviction, I think that that
22 would have been the first time my client heard the term
23 prison in the context of this case. He was not aware of
24 that. Perhaps I didn't make him aware of that in that
25 context.
(7)
