8 THE COURT: All right. Show the jurys 9 back, all present. 10 Again, thank you for your patience. Weve had 11 some evidentiary matters to discuss with counsel before we 12 resume. Call your next witness for the State. 13 MR. CORGAN: Your Honor, the State would 14 call at this time Mr. Dale Billam. 15 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 16 DALE J. BILLAM 17 after having been duly sworn to tell the truth, the whole 18 truth, and nothing but the truth, testified as follows: 19 DIRECT EXAMINATION 20 THE COURT: Please go ahead. 21 BY MR. CORGAN: 22 Q Please state your name, sir. 23 A My name is Dale J. Billam. 24 Q Mr. Billam, what is your business, profession, or 25 occupation?
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1 A Im senior counsel for Phillips Petroleum Company. 2 Q And what is a senior counsel? Would you explain 3 that, please, sir? 4 A Well, senior counsel is someone whos been with the 5 company a number of years and had a number of years 6 experience in their particular area of practice. 7 Q And what is your particular area, please, sir? 8 A I represent the corporate staffs of Phillips 9 Petroleum Company and do mostly finance and SCC work. 10 Q You are an attorney? 11 A Yes. 12 Q Would you tell us, Mr. Billam, how long youve been 13 employed with Phillips Petroleum Company? 14 A Since February 1st, 1977. 15 Q Mr. Billam, would you tell the Court and the jury how 16 it is you came to be involved in this case? 17 A Representing the corporate staffs, one of which is 18 corporate comptrollers, I received a call from Jim Kelly 19 after the announcement of the arrest of Mr. Allen. 20 And he asked me for advice on what to do about 21 the material in Mr. Allens cubical. 22 Q And what type material would that entail or involve? 23 A There were both personal and business items in his 24 cubical, his desk, and other surroundings. 25 Q And was there any discussion about materials on
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1 either his computer or whats known as PROF notes? 2 A Yes, there was. After discussion with Mr. Kelly, 3 corporate comptroller, and Jerry Bork, Mr. Allens 4 supervisor, Mr. Bork requested that IS Security, that is 5 Information Security, lock access to Mr. Allens computer 6 and electronic files. 7 Q Well, what do you mean by lock access"? 8 A There is a mechanism that the computer people can 9 activate that I dont know the technical nature of which 10 prevents anyone, except them, from accessing those files. 11 Q And what type files would those entail? 12 A Supposedly, only business files. 13 Q And was that done? 14 A Yes, sir, it was. 15 Q When was that done? 16 A Im sorry. I cant remember the date on which that 17 was done. 18 Q Can you give us an approximate date? 19 A July. 20 Q On what year? 21 A Of 1990. 22 Q Now, sometime subsequent to those files being locked, 23 did you receive a subpoena from the State of Oklahoma for 24 certain records? 25 A Yes. Mr. John Williford, associate general counsel
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1 for the Legal Department, received a subpoena in regard to 2 this matter and passed it to me for further handling. And 3 the subpoena was dated August 3rd, 1990. 4 Q Im sorry. What was that date? 5 A August 3rd, 1990. 6 Q And what did that subpoena request? 7 A It requested Phillips Petroleum Company to provide 8 any personal information that may have been on Mr. Allens 9 computer or electronic files, plus certain other data 10 about leave, time off records. 11 Q Now, do you make a distinction, Mr. Billam, when you 12 talk about computer versus electronic files? 13 A No. 14 Q And after receiving that subpoena, did you do 15 something in regard to retrieving that information for the 16 State of Oklahoma? 17 A Yes, I did. On the PROF system, which is an IBM 18 software package put on one of Phillips main frame 19 computers, you can if you have either a terminal or a 20 personal computer connected to the main frame, you can 21 access what is called PROFs. 22 Its an electronic mail system used to 23 communicate between various employees. 24 Only a person with the access code -- and each 25 one has a personalized access code -- can get into their
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1 particular files, electronic files. 2 Because of that, I could not access it directly. 3 So I went over to our IS Security, and they have a method 4 which allowed me to which would give me additional 5 access to Mr. Allens PROFs notes. 6 I gained access to his PROF notes and had them 7 printed. 8 Q Now, in regard to the information that the State 9 sought through its subpoena, what type information was the 10 State requesting? 11 A The State requested the personal what would be 12 personal information, if any, on the PROFs electronic 13 files. 14 Q And how was it determined what was personal and what 15 was not personal in regard to the PROFs files? 16 A I made the determination by going through all of the 17 printed notes seeing what was business and what was 18 personal and picked out the ones that I thought were 19 personal. 20 Q And then did you furnish that information to anyone? 21 A I furnished the information to you and to Mr. 22 Carlson. 23 Q And tell us exactly or tell the Court and the jury, 24 please, what it is that you provided to both of us. 25 A I provided you copies of what I deemed to be the
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1 personal electronic -- personal PROFs notes on his PROFs 2 file, a copy of his leave -- or Mr. Allens leave records, 3 a copy of Miss Debbe Aubreys leave records, and certain 4 comparison time-off sheets. 5 Q Was there any type of index provided with that? 6 A Yes, there was. 7 Q And what was the purpose of that? 8 A The index contained an itemized listing of every 9 PROFs note, both personal and business. 10 Q And what was the purpose of supplying that index? 11 A I wanted to make sure that if you had any questions 12 about what Id furnished just based on the title of the 13 document, you could come back and ask me for it. 14 Q How was that particular index generated? 15 A The index was generated when the PROFS notes were 16 printed. It was printed first. 17 Q Can you tell us in its entirety how many pages there 18 was of index? 19 A I think -- may I refer to my letter to you? 20 Q Yes. 21 A The index was Roman numeral I through Roman numeral 22 XI. 23 Q How many pages in toto were the complete set of PROF 24 notes? 25 A I believe there were 194 pages.
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1 Q And that would be both Phillips business and then 2 what you designated as personal matters; is that correct? 3 A Yes. 4 Q Now, you did not supply us with the information that 5 you determined pertained to Phillips business; is that 6 correct? 7 A Thats correct. 8 Q Now, have you -- are you here today in pursuant to 9 subpoena? 10 A Yes, sir. 11 Q And do you have those records that youve told us 12 about? 13 A Yes, sir. 14 Q And at my request, did you go through what you 15 determined to be the personal correspondence in the PROF 16 notes between Steven Allen and Debra Aubrey? 17 A Yes. 18 Q And what did you do in regard to those notes? 19 A I made a copy and an index of them. 20 Q And did you do anything in regard to putting them in 21 any type of order? 22 A Yes. Theyre in chronological order. 23 Q And do you have those with you today? 24 A Ido. 25 Q Do you have the originals with you today?
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1 A I do. 2 Q And at my request, did you make a copy of the 3 original of those notes placing them in chronological 4 order? 5 A Yes, I did. 6 Q Would you produce that copy at this time? 7 A (The witness complied with the request). 8 Q Mr. Billam, Ill hand you now what you have 9 previously handed me and has now been marked as States 10 Exhibit Number 60 for identification purposes. 11 Youll notice, sir, that there is a yellow sheet 12 that I did not attach to that exhibit. Would you agree 13 with that? 14 A Yes. 15 Q What is that yellow sheet? 16 A The yellow sheet was prepared at my request by my 17 legal assistant, Marsha Keppy, listing all of the notes 18 between Mr. Allen and Miss Aubrey in chronological order 19 and stating what page it was according to the index, what 20 time it was sent, and whether it was from or to the 21 particular person. 22 Q And was that prepared to assist you in putting the 23 notes in the order that I requested? 24 A Yes, sir. 25 Q Now, Mr. Billam, in regard to States Exhibit Number
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1 60, would you tell us, please, sir, how many pages that 2 document consists of? 3 A Thirty-two pages. 4 Q And would that be a true and accurate copy of the 5 original of those notes? 6 A Yes, sir. 7 MR. CORGAN: Your Honor, at this time, wed 8 move the admission of States Exhibit Number 60. 9 MR. CARLSON: Your Honor, wed stand on our 10 previous record. 11 THE COURT: Let me see which one that is. 12 State 60 allowed. 13 MR. CORGAN: Your Honor, if I might, even 14 though we do have kind of a clip, Im going to attempt to 15 paper clip this so we might keep them in their proper 16 order. 17 THE COURT: You may have to get a larger 18 clip. 19 MR. CORGAN: Judge, maybe Ill do that 20 later. 21 Q (By Mr. Corgan) Mr. Billam, I hand you now whats 22 been admitted as States Exhibit Number 60. 23 Id like to ask you some questions, sir, to help 24 explain the notes, okay? 25 A (Mr. Billam nodded his head up and down).
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1 Q First of all, for those of us that are not familiar 2 with the PROF system, can you explain in a little more 3 detail how that operates? 4 A Ill do the best I can. The system, like I said, is 5 available to anyone thats an employee of Phillips that 6 has either a terminal or a personal computer thats 7 connected to one of our IBM main frame computers. 8 By typing from a keyboard and putting in a 9 persons designated code, you can send a message to that 10 person electronically. 11 For example, my particular code is #6CA, its a 12 pound key, then a six, then the letters CA. 13 Anybody that directs a note to me under that 14 designation, it will come and show up on a listing of 15 mail. 16 By entering -- pushing a certain key, I can 17 cause that particular note to come up on a screen and read 18 it. 19 You can do several things with that note. You 20 can delete it, in which case, it will be deleted from the 21 system. 22 And if you do it the same day its received, it 23 will not be stored on a backup system. 24 If you delete it the day after its received, it 25 will be stored on tape for 14 days; and then the tape is
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1 erased. 2 Or you can store it. If you dont punch delete 3 and you just open it by calling it up on the screen, 4 reading it, and then dont do anything else, it will 5 remain in a file called an active file. 6 Q In that regard, in regard to States Exhibit Number 7 60, what type file did these 32 pages come. from? 8 A These came out of the PROFs active file of Mr. 9 Allen. 10 Q Now, Mr. Billam, lets assume for a moment that I 11 know your number, SCA, right? 12 A Uh-huh. 13 Q And I have determined that I want to write a note for 14 you. 15 A For me? 16 Q Yes. I have decided for whatever reason that Im 17 going to write a note under the name of 6CA. Can I do 18 that? 19 A According to my understanding of the system, you may 20 not. 21 Q And why not? 22 A If you write it and you 6CA, the way the system is 23 set up, it will show it came from you, not from me, 24 because of the separation of electronic identifying codes 25 in the system.
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1 Q Is there any type, other than your number, 6CA, is 2 there any type of password thing that has to be used with 3 the PROFS notes? 4 A Yes, there is. Theres a personalized log-on code. 5 Q And is that different from this 6CA? 6 A Yes, it is. 7 Q Who determines what that password is? 8 A The individual having the terminal or the personal 9 computer, and it changes every so many days. 10 Q And how does it change? 11 A If it goes past the expiration date, which can be 12 from 30 to 60 days, you try to log on to your terminal and 13 your computer using that key phrase, and it says it has 14 expired and will not permit you to log on to the system, 15 that is, the enter the system, until you choose a new 16 password. 17 Q And is that something the user chooses? 18 A Yes, it is. 19 Q When in the course of sending a message do you put 20 the password in? 21 A You put the entry password in when you get onto the 22 system. For example, lets suppose that your password is 23 apple. 24 You punch up the kind of system that you want; 25 and then in order to get into the PROF system and log on,
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1 you would have to type in apple if that was your 2 password. 3 Q And from that point then, you put in your code number 4 and do whatever you want to; is that right? 5 A Thats correct. 6 Q Now, Mr. Billam, I dont want you necessarily to get 7 into the subject matter of the notes. 8 But I would like to take the first page just as 9 an example. And if you would, Im going to ask you some 10 questions if you could explain the various designations on 11 those, okay? For example, on page 1 12 A Uh-huh. 13 Q -- of States Exhibit Number 60, theres some writing 14 that says printed 8-8-90. Can you tell me what that 15 means. 16 A That was the date that I caused the original to be 17 printed from the computer. 18 Q And then to the left, theres some information that 19 says Note Log: NOTE." Then it has a time period. Do 20 you see that? 21 A Yes. 22 Q What is that? 23 A The note log just tells what kind of log it is; and, 24 apparently, this one has been named NOTE. 25 And the period refers to the time thats covered
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1 by the printed files. That is the dates shown 12-28-89 2 through 8-8-90. 3 Q And is that something that was generated as a result 4 of you printing out this information? 5 A Yes, it is. 6 Q Okay. Now, underneath, it says SMG (sic) FROM, and 7 then it has #4XK. And then it has some numbers, and then 8 it says TO: #6HP, some more letters and a date and 9 time. Would you explain to us what that is? 10 A As I understand what it means, its a message from 11 #4XK. 4XK is the designation code of Stephen Allen, his 12 user ID number. 13 I do not know what the letters BVOVl following 14 it mean. 15 The numbers following the word TO;, being #6HP 16 is the ID code of Debbe Aubrey. 17 Again, I do not know what BVOV1 means following 18 it. 19 And then the time and date are just the date 20 that the message was sent and the time it was sent. 21 Q So if I, as I go through States Exhibit Number 60, 22 if I look at that, that line that says MSG FROM, 23 whenever I see from 4XK to 6HP, what would that designate 24 to you? 25 A It would mean to me that it was a message from Mr.
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1 Allen to Miss Aubrey. 2 Q And would the date and the time also reflect that was 3 when that message was sent? 4 A Yes. 5 Q How did those dates and times get onto the PROF 6 system? Do you know? 7 A As far as I know, theyre just generated 8 automatically. 9 When you type in a message and then push the 10 button that causes it to be sent to the person thats 11 suppose to receive the note, its all done automatically. 12 You dont have to enter it. 13 Q Then from that line, we would go into the message 14 itself; is that correct? 15 A Correct. 16 Q And how is that broken up? 17 A It has a to line. In this case, it repeats the line 18 above, To: #6HP, and then the letters and numbers I dont 19 understand, and then the persons name, in this case, 20 Debbe, spelled D-E-B-B-E, Aubrey, A-U-B-R-E-Y. 21 And then it has FROM, And you can set up the 22 FROM designation several ways. 23 In this case, its set up Steve Allen; his 24 interoffice address, 240 PBA; his interoffice extension, 25 EXT 1-8884; and his user ID number #4XK.
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1 Q And after that, we have the text of the message; is 2 that correct? 3 A Correct. 4 Q Now, I notice at the very bottom of the first page of 5 States Exhibit Number 60, it says Note Log: NOTE. 6 Then to the right-hand side of that, it says 7 Page 7. Can you explain what that means? 8 A As far as I know, the words Note Log: NOTE is just 9 a re-reference to the top of the page telling what log it 10 came from because you can have different files within the 11 system. 12 The page 7 in this case refers to the page 13 number from the printed matter in this particular set of 14 files that were printed from 1 to 194 or so; and this 15 happens to be page 7 of that print. 16 Q So if we were to go through these entire 32 pages, I 17 would find page numbers on each one; is that correct? 18 A Thats correct. 19 Q And, for example, the second page bears the page 20 number what designation? 21 A Forty-two. 22 Q And then page three bears what designation? 23 A Forty-three. 24 Q And, if I understand correctly, all that tells us is 25 that was the page number sequence that you generated when
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1 printing out the entire 190-some-odd pages; is that 2 correct? 3 A Thats correct. 4 Q Now, if we want to know the chronological flow of the 5 messages in regard to States Exhibit Number 60, how do we 6 determine that? - 7 A You would have to go to the underlined line and refer 8 to the date and the time. 9 Q And is that what youve referred to that you told us 10 the system puts in automatically? 11 A Yes. 12 Q Mr. Billam, I believe thats all I have as to States 13 Exhibit Number 60. 14 Did you have occasion as a result of the States 15 subpoena to prepare any other records? 16 A Yes. I -- which subpoena are you referring to, sir? 17 Q Well, lets talk about that first subpoena? 18 A The first subpoena, we also found what were material 19 other than business on what would be called a hard disk. 20 Mr. Allen had a personal computer at his work station. 21 These were found by Mr. Max Patton, who was a 22 colleague and co-worker of Mr. Allens, when he went to 23 use the hard disk because someone needed to do the work 24 while Mr. Allen was absent from work. 25 I was advised that the material was on there. A DISTRICT COURT OF OKLAHOMA
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1 duplicate of that hard disk, which is an integral part of 2 the computer, was made. 3 Actually, two copies were made on floppy disks. 4 One of them was taken over to Information Security and 5 read and a print made of it. 6 Q Now, what was done in regard to securing the items on 7 the hard disk? 8 A At the time we secured the PROFs files, the hard 9 disk -- the computer itself was secured by locking it and 10 the key given to Mr. Jerry Bork, Mr. Allens supervisor. 11 Q Mr. Billam, youre going to have to bear with me 12 because Im not much of a computer whiz. 13 Youve told us about the hard disk. If I 14 understand, thats a tangible object thats inside the 15 personal computer; is that right? 16 A Thats my understanding also. 17 Q And stored on that is certain information. 18 A Correct. 19 Q Now, is that different in some way from the storing 20 mechanism for the PROFs notes? 21 A Yes, sir, it is. The PROFs notes are stored over in 22 our main computer system. Theyre not stored, as I 23 understand it, on the hard disk. 24 Q So to simply it for me, if I want to access as the 25 user the PROFs notes, I ask my personal computer to talk
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1 to the main computer; and that retrieves it from there? 2 A Thats my understanding, yes. 3 Q Now, did the State request from you in regard to the 4 information Well, strike that. 5 What did the State request from you in regard to 6 information from the hard disk? 7 A The subpoena of August 3rd, 1990, states: 8 Any information on Phillips computer used 9 by Mr. Stephen Allen that is unrelated to 10 Phillips Petroleum Company business. 11 On that particular computer, as I said, there 12 was found what we thought was personal business not 13 related to Phillips. 14 And we caused a print to be made of that 15 particular information. 16 Q Tell me how that happened and how you were able to 17 determine personal information versus Phillips 18 information. 19 A If I may read from my letter to you? 20 Q Please. 21 A Because of Mr. Allens arrest, it was 22 determined that the hard disk should be 23 read for personal versus Phillips business 24 as we needed to use the business 25 information to carry on the work being
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1 performed by Mr. Allen. This task was done 2 by Max Patton, one of the members of Mr. 3 Borks staff, who read the file names. At 4 the time the disk files were read, it was 5 determined that there were certain files on 6 the disk which appeared to be personal in 7 nature. These files believed by Mr. Patton 8 to be personal were accessed by him (except 9 one marked, quote, letter-Sandra) but not 10 read completely. Upon the discovery of the 11 apparent personal material on the hard 12 disk, a duplicate was made and kept by Mr. 13 Bork in his office under lock and key. 14 Pursuant to your subpoena, I obtained the 15 duplicate hard disk from Mr. Bork, took it 16 to our Information Service Security people, 17 had the personal material read 18 electronically and printed. A copy of that 19 material will also be brought with me to 20 District Court. 21 Q And you received a similar type subpoena for your 22 appearance here today; is that correct? 23 A That is correct. 24 Q Now, Mr. Billam, you said something about the file 25 names were read.
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1 A Thats correct. 2 Q Can you explain to me what you mean by that? 3 A Youre allowed to store on your hard disk -- and you 4 could do it otherwise if you were in the main frame 5 computer -- information segregated by file name. 6 Q And what is the purpose for that? 7 A The purpose of that is to organize the information in 8 whatever is most usable to you. 9 Q And these file names were read? 10 A Yes, sir. 11 Q And was there any type of index prepared as a result 12 of that? 13 A Yes, sir, there was. 14 Q And who prepared that? 15 A Its my understanding that this particular index was 16 prepared in part by Mr. Bork, and it has some writing on 17 it by I believe Mr. Andy Sundene of Information Security 18 Services. 19 Q And what was the purpose of this particular index? 20 A The purpose of the particular index is to show what 21 was on the particular hard disk and to determine whether 22 it was personal or business. 23 Q And how many items were on the particular hard disk? 24 Can you tell us? 25 A According to the way that its been broken down by
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1 the people who read the disk and caused it to be 2 printed -- who, its my understanding, was Mr. Andy 3 Sundene -- there are 26 items. 4 Q And did I ask you to prepare for me a copy of the 5 index as well as certain pages corresponding to that 6 index? 7 A Yes, sir, you did. 8 Q And do you have a copy of that with you at this time? 9 A Ido. 10 Q Would you produce that, please? 11 A (The witness complied with the request). 12 Q Mr. Billam, Ill hand you now, sir, whats been 13 marked as States Exhibit Number 61 for identification 14 purposes. 15 And Id ask you, sir, to examine that and state 16 for the record what that is. 17 A This is a copy made by my secretary, reviewed by me, 18 of the index page, what has been designated as items 15, 19 16, 17, 21, 22, 25, 26 according to the numbers appearing 20 on the index. 21 Q And can you tell me how many total pages States 22 Exhibit Number 61 consists of? 23 A Eleven, including the index. 24 Q And would that be a true and accurate copy of the 25 original of that information?
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1 A Yes. 2 Q I missed some of the numbers. Would you tell me, 3 please, sir, again what numbers are included, what page 4 numbers are included with the index? 5 A There are no pages numbers. The numbers being 6 referred to are the numbers referenced in the index 7 opposite the item. 8 And those numbers are number 15, number 16, 9 number 17, number 21, number 22, number 25, and number 26. 10 MR. CORGAN: Your Honor, at this time, wed 11 move the admission of States Exhibit 61. 12 MR. CARLSON: Same announcement as on 13 Exhibit 60, Your Honor. 14 THE COURT: Let me see that. Sixty-one 15 allowed. 16 Q (By Mr. Corgan) Mr. Billam, Ive handed you again 17 whats been marked and admitted now as States Exhibit 18 Number 61. 19 And just so Im clear, would you tell us again 20 the relationship between the first page on States Exhibit 21 Number 61 and the numbered items that follow? 22 A As I understand it, the index, which was prepared by 23 Mr. Bork and the numbers added by Mr. Andy Sundene, just 24 correspond to the information that was under the file 25 name.
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1 For example, there is a file by the name of 2 Minutes 9; and thats been assigned number 5 by Mr. 3 Sundene. 4 And whatever information was under that file 5 name was what was printed. 6 Q Now, Minutes 9 is not something that we included; is 7 that correct? 8 A Thats correct. 9 Q So if I look at the index against the numbered pages, 10 that will show me the file name for that particular number 11 that is printed out following. 12 A Thats correct. 13 MR. CORGAN: I believe thats all I have at 14 this time, Your Honor. 15 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 16 CROSS-EXAMINATION 17 BY MR. CARLSON: 18 Q Mr. Billam, could you tell us the date on which 19 that -- those particular items were first furnished to 20 anyone outside of Phillips, please, sir? 21 A If I heard your question correctly, Mr. Carlson, that 22 information was first furnished to people outside of 23 Phillips under the cover of my letter dated August 10th, 24 1990. 25 Q Thank you, sir.
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1 MR. CARLSON: Thats all we have, Your 2 Honor. 3 THE COURT: Is that all then? 4 MR. CORGAN: Yes. 5 THE COURT: Thank you, Mr. Billam. 6 (AN OFF-THE-RECORD DISCUSSION WAS HELD AT THE 7 BENCH BY COURT AND COUNSEL, AFTER WHICH THE 8 FOLLOWING PROCEEDINGS CONTINUED) 9 THE COURT: As we discussed the other day, 10 were going to break at this time and come back at one 11 oclock. 12 Again, please refrain from discussing the case 13 or allow it to be mentioned around you. Recess till one 14 oclock. 15 And, again, were breaking today probably 16 early -- at least by 4:00 if not earlier today. I think 17 well probably be coming back in the morning. Till one 18 oclock then. 19 (A RECESS WAS TAKEN FOR THE NOON HOUR, AFTER 20 WHICH THE FOLLOWING PROCEEDINGS CONTINUED IN 21 THE PRESENCE AND HEARING OF THE JURY) 22 THE COURT: All right. Show the jury back, 23 all present. Ill remind the people that are spectators 24 watching, you should not converse with the jury at any 25 time. State call its next witness.
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