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go towards Mr. Howd’s manufacturing of this incident and
that it was not an intentional touching on Mr. Minton’s
part, but in fact, an invited touching by Mr. Howd for
the purpose of declaring him a criminal.

THE COURT: Okay.

MR. TYSON: May I address you on the

issue, Judge?

THE COURT: Yes, of course.

MR. TYSON: While you listen to the

witnesses I would like you take into account, obviously
relevance; number one.

THE COURT: Yes.

MR. TYSON: Number two; state of mind is an
issue on self-defense of the case. I would like to
remind you on the videos Mr. Minton is heard telling the
police that this was an accident, Mr. Howd walked into
the sign. So state of mind relevancy is a pretty big
hurdle for him to shift gears, and it would be an
inconsistent defense. It’s allowed under the law, but
you can’t have a defense of bad faith. There is a
difference.

THE COURT: I understand.

MR. TYSON: I would like you take that

into account when you are considering the testimony.
THE COURT: Before we get underway, I in