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MS. RIVELLINI: It’s not an opinion, it’s
a fact.

THE COURT: It sounds to me like it is
part and parcel of the “Fair Game Policy”, and to the
extent that it is I will overrule, but let’s make sure we
understand what we are doing. You are merely going to
elicit information from him that the “Fair Game Policy”
includes efforts to have someone as a criminal.

MR. DENIS DE VLAMING: That’s fine.

MS. RIVELLINI: Correct. The only other
question that I had planned on asking him, because they.
made a point during Mr. Howd’s testimony that “Fair Game”
is not currently in place, and not being used, is if he
knows —— how recently he knows “Fair Game” has been used.
And if he has personal knowledge about it. And that goes
to them contacting his family as recently as within a
week ago. Because it goes’ to impeach Mr. Howd’s
testimony.

MR. TYSON: Judge, it is prejudicial.

That’s hearsay as the contacting his family.

MS. RIVELLINI: The fact that he knows a
call was made goes to his knowledge that “Fair Game” is
still being implemented and it contradicts what Mr. Howd
testified.

MR. TYSON: Judge, that is highly