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CAC3PARC
1 themselves we failed the Court. I have said to myself a
2 hundred times, it is so easy the next morning or even that
3 afternoon to walk back in and say to the judge, Judge, we
4 think -- we don't really believe this, for a variety of
5 reasons, but you should know the following. That she has the
6 same name, there is other information here, and whatever your
7 Honor wants to do with it, we don't think it's her, but we
8 would be foolish if we didn't bring this to your attention.
9 I think what happened to the Brune firm was after this
10 revelation, they said to themselves oh God, we really did drop
11 the ball. But dropping the ball is ineffectiveness. Dropping
12 the ball to me is not strategy.
13 Look, if your Honor looks at that conduct, and I know,
14 and I say this respectfully, I know how much that conduct eats
15 at the Court because it's wrong, and the result of it is a very
16 long trial in this courtroom has to be done again. But, I also
17 don't think that one looks at it and says ah-ha, there was a
18 strategy going on.
19 I think the lawyers thought to themselves that the
20 Court is going to be very disappointed in us if it realizes
21 that we didn't come forward. Right. If it realizes we took
22 for an answer it can't be her, when investigation or telling
23 the Court was the better course.
24 If the Court concludes that that conduct is so
25 egregious that circumstantially it proves strategy, I'm not
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