"That was the purpose, yes," MacDonell answered.

Hadley immediately asked for a hearing.  With the jury out, he protested that the defense had never been informed of MacDonell's tests of the shoes.  By reciprocal discovery, he said, he should have been furnished the results.

Eagan replied that there were no written results, hence nothing to furnish.  Furthermore, he said, the defense itself had its own ongoing tests:

"I received last night a telephone report from Mr. Hadley of experiments they are conducting even now....Everything they are doing in the way of fiber comparisons, fingerprint comparisons, blood comparisons or anything of that nature is just absolutely unknown to us and yet they call us on the phone late last night and say, hey we have made this and we have made that....We have no way of getting that evidence to conduct our own investigation."

Eagan was referring to defense tests on items of evidence that the state and police did not release until shortly before the trial.  Having withheld that evidence as long as possible, having declined to do some of the same tests the defense now