was conducting, and having opposed Hadley's motions for a continuance, the state was now complaining of insufficient time for discovery.

HADLEY: I'm anticipating the state didn't like the results of their expert [Delaney] so they have gone to another one and without advising us that the tests had been run or the nature of the results....Therefore, we do object.  We claim surprise and feel that it would be substantially prejudicial.

JUDGE PAUL: Well, I don't know how you can hold the state to fault if they have no reports and that they do, I assume, have ongoing investigations, which evidently is what happened here, right?

EAGAN: Yes, sir.

JUDGE PAUL: I have no knowledge, I have read his deposition, as you know —

HADLEY: Yes sir.

JUDGE PAUL: —at your request.  And I don't think your objection is a well-founded objection to that portion of it.  I overrule it.

MacDonell began to testify again.  He said that he had "examined "Zeigler's shoes on May 12—the morning before this deposition to Hadley and Davids.  He said that the inked impressions he had made did not constitute testing, as Hadley had phrased the question during the deposition.

MACDONELL:...I examined the shoes and compared them to the prints, Defense Exhibits 1 and 2.  I then made replicas of the shoe patterns using printer's ink, ordinary fingerprint ink.  This was a secondary choice to using human blood since the medium in the photographs is apparently blood....I wanted to use blood and did later last week when I was down.  I took the ink impressions or prints, rather, back to my laboratory.  I did not have an opportunity to examine them prior to the deposition and, therefore, was not withholding any information.  I simply hadn't made prints or latent comparison.  I went back to my laboratory and spent several hours comparing the prints that I had from the two shoes...to the photographs of the evidence on the floor of the furniture store.  I then last week repeated the same tests by making prints in human blood....These were made in the crime laboratory in this building.

Hadley and Davids were stunned.  They realized for the first time that MacDonell's deposition had been delayed on May 12 because he had been examining the shoes, and making the new inked impressions.  Now MacDonell obviously was about to refute Delaney's conclusion that Zeigler had not made the bloody footprints in the store.