37

based on that form would there be a penalty for doing so
freely?

MR. TYSON: Objection, your Honor.

THE COURT: Overruled.

MS. RIVELLINI: Judge, may I have a
moment.

THE COURT: You may.

MS. RIVELLINI: Judge, may we approach?

THE COURT: Yes.

(Whereupon, a bench conference was held
outside the hearing of the jury.)

MR. DENIS DE VLAMING: We are about
through. The only other area that I wanted Ms. Rivellini
to ask is as to what happened on the tape. There is a
policy of “Fair Game” that they want to have them labeled
as criminals. I think that you heard that in the
proffer. I think it goes right to the defense of
allowing the touching so that he could be arrested and
declared a criminal. She wasn’t sure whether you would
permit that area of inquiry. It would be brief, but I
think it goes to the heart of the defense.

MR. TYSON: That is his opinion, and that
is going straight to what is in the province of the jury.