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Abner J Mikva — Part 2
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something about the deliberations, Those were the biggest. rules,
200°
and, of course, the obvious rule thet as all times this entire
project was to be kept secret so that no publicity would be
aroused and the jurors would not be disturbed in their dellberas
tions. | .
Mr, Sourwine, Vas there any agreemont that the recordings
would be kept sealed and inviolate wmtil Bll time for appeal in
the cases involved had passed?
Me, Mikva,. Six, let me answer that this way:
T saw the original correspondence between Mr. Kitch and
Judge Phillips in whieh I believe Mr, Kitch suggested such a
regulation. There was also, to my recollection, some subsequent
correspondence between Judge Hill and & member of the staff at
the University, on the dury project ~- I do not remember who wom
which stated that the time in which the recordings were not to.
be heard would be until such time as Judge Hill had disposed of
the post-trial motions, and that was the undexstandivig chat
Judge HLi11 hed, and that was the understanding that we lived
up to, .
Me. Sourwine. As a lawyer, Sir, is it your understanding
that if the recordings had not been so sealed, 1% might have
. .
been ground for appeal or exception?
Mr, Mikva. Sir, as a lawyer I cannot overlook the entire.
doctrine of waiver. New, you must remember that the attorneys
for both sides had consented to this in advance, I frankty do not
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