I won’t be able to write up the Thursday and Friday hearings for a while, but I have to report this weird occurrence today.
A strange thing happened at the end of the Freshwater hearing today. The Board’s attorney, David Millstone, was in recross of Freshwater. He introduced a document, Employer’s Exhibit 99, a single sheet of paper with text on both sides and a letterhead I couldn’t read from where I was. Freshwater’s attorney, R. Kelly Hamilton, immediately interjected that in light of the gag order recently issued by the federal court hearing the civil suit against Freshwater, he would advise Freshwater to answer no questions at all about the Exhibit. After some discussion, the referee, who had not read the gag order yet, decided that before he would rule on whether Freshwater would be allowed (or required) to testify concerning the Exhibit he would have to read the gag order and that Freshwater would have to consult his new attorneys. Recall that the first two attorneys retained by the insurance company successfully petitioned to withdraw a month ago and two new ones were retained a couple of weeks ago. So it was left at that until Freshwater could consult his new attorneys. Since it was 4:30 pm no more testimony was taken today.
After the palaver was done and the hearing was adjourned for the day, I approached the referee and asked if was legal for me to read Employer’s Exhibit 99. He looked at me and said, “I don’t know if it’s legal or illegal, but if you read it you may be into deeper waters than you can get out of.” I decided for the moment not to read it.
But I REALLY wonder what it is!