Eisemann trial audio

can you explain what the state's perspective the significance of exhibit f from the state so the significance okay so so it means nothing it just means that the defense Council easily could have found this witness had they wanted what is exhibit f is this material would the state have that would have been discoverable that was not disclosed no so this is just material from defendants QuickBooks that we you know we're just looking through it's an audit of all the transactions why wouldn't that be in an open Discovery State like this if that existed at the time of trial that audit Trail wouldn't that be discoverable not necessarily because they are defend its own record but it's not discoverable because this does not actually matter what is the person is that the test of Discovery whether it matters no it's whether it's it's material or scope or could lead to discoverable admissible Madness let me just ask you would that if you had it right now and we're going back in time and there is an audit trail that the state has conducted it's reduced to a document would that document the would that be turned over in Discovery as a routine matter not if it came from defendant's records but you keep referring to it being defendant's own records isn't it the institution's records that we're talking about these QuickBooks Etc as opposed to this personal financial records because that's any claim that I didn't input any of that information into those records I didn't do that that's correct but but they are the records of the school and the foundation which are defense defendant founded them he was the executive director for all intensive turnover any discovery that was also part of Defense records or any analysis of attendance records we we obtained the QuickBooks records from the school in the foundation servers we've reproduced them back to defendant why because it's required just because because here is the records we're relying on and we've turned them out so right are completely appropriate why wouldn't that be true of the records that are reflected in exhibit F because they they do nothing to defend his case or they are not excluded that's your perspective that they do nothing shouldn't the defendant have the opportunity to determine whether whether it's valuable to his strategy defendant had the opportunity because they are his records that he does not he did not have the audit trail that you that you're uh investigator prepared correct correct