Real Time Media

So Day 4 ends and no verdict.

The court room is packed, just like it was the first day.  People are standing in the in the back of the court room. The judge gave 3 steps about closing arguments to the jury:

1. Argumentative Council:  The prosecution and defense will give their views as to what the evidence has shown in the case.

2. Instruction on the Law

3. Deliberation

The judge met with both legal teams this morning to discuss the motion by the defense for a mistrial. The first words out of Judge Breyer’s mouth upon sitting down were that the motion for mistrial was denied as there is no evidence that Byer’s testimony was falsified.

As we wait for Judge Breyer to return from his conference it seems like this case has a lot of holes in it from the Govt’s end.

1. No witness has been able to testify that Greg Reyes told them to do anything.

2. If I recall the Govt’s opening statement they claimed they would be able to show Reyes hid the backdating from the Finance Dept and in turn signed Fraudulent 10k’s as far as we can tell everyone at the firm not only knew but also received backdated options (which is not a crime from our research).

3. Finance did take a COMP CHARGE for the options under FAS 123 but not APB25, which based on the testimony we heard is very complicated and open to interpretation.

4. APB25 was such a mess FASB eliminated it. So we are trying a man for a standard that does not even exist….seems like a waste.

5. As far as the conspiracy no one ha stood up and said Greg told them to do anything. Guilty by hearsay? Wow. Not god.

I’m sure the Jury has seen through all of the contrived testimony…

It’s all back on Monday -3/22/10.

Judge Breyer is out of town at a Judicial Conference.

Seems like the Atty’s for both sides had a lot of motions as it relates to the evidence and testimony to work out. A lot of prior exhibits like 1-4 are in dispute as are the Elisabeth Moore Stock Binders….all to be worked out over the break.

One last item it looks like the Govt will read in a few press releases into evidence then the jury will get to go home early on Thursday.

When Kilgannon makes the remark under his breath that he needs a bigger desk to hold all the evidence documents, the judge volleys back… “A bigger desk is just a bigger mess. I can attest to that” and the courtroom erupts in laughter.

Upon entering the courtroom today I witnessed the judge informing both the defense and the prosecution that if the testimony they were going to try to extract from Fujimoto was more examples of the other companies having APB25 issues then continuing to question him was unnecessary.

Judge Breyer is on a roll today. As Defense Atty Neal was getting read to Cross- the Judge asked how liong he would be and Neal spoke to slow so the Judge ordered a break and his timing caused the Courtroom to laugh again.

Seems in a good mood this afternoon.

Only one small stretch to go today.

Once again Judge Breyer cracked up the Court with his remark about a “Mandatory Strecth” break. Then said is wasn’t and that broke the tension from the last Witness….

Judge Breyer- (Jury was out of the court) seems to be clamping down on what he will admit to impeech the Govt’s Witness from KPMG Miotto. Today was the first time it seems like the defense needed the evidence…wonder why it was not admitted.

Judge Breyer- had a fee more funny commments about the Atty’s making promises….everyone cracked up…it was in reference to some of the motions presented to strike testimony.

Judge Breyer allows evidence and testimony in related to Witness Miotto. Should be interesting if Foundation is laid by Defense to keep it it.
It pertains to the cross from Neal regarding the Board of Directors Backdating Options.

Judge Breyer- gave instruction to the jury on the difference between what the courts definition of material is vs. what materiality is to folks in the accounting profession. He said he would elaborate later when the jury goes to deliberate.

Judge Breyer…had a funny comment. All of the jurors were not present. When it was brought to the Judges attention..He said he needed his glasses…Courtroom laughed. Then when the juror showed up Judge Breyer told the juror he missed the key point of the trial…the Courtroom laughed again.

The Judge is on it again.

On the serious side- Judge Breyer is taking care to render his rulings.

When Prosecutor Reeves begins to ask Brocade CFO about APB25 in present time, Judge Breyer knocks it down, stating that APB25 is no longer used nor is it relevant to present day accounting.

Judge Breyer made another funny remark in court today….he told Witness Deranleau your are FREE!!! The courtroom laughed…then the Judge instructed the Witness to keep walking…quickly the laughing continued…it was the first time the Witness cracked a smile in two plus days of testifying.

Another funny moment in a very serious case. An alarm went off and Judge Breyer cracked up the CourtRoom once again with his dry sense of humor.

Judge Breyer uses an example of  raining outside.  Not sure the “jury got it”, but it made perfect sense to me.

Judge Breyer is really on top of the evidence being admitted.  He’s extremely sharp.  I don’t know how he does it…

A box was blocking the view of the overhead visual.  The judge said the government would get some cooperation, but not yet 100%.  The courtroom chuckled.  The judge is on it again today.