Davids asked for another hearing.  When the jury was out, he complained that the defense had never obtained copies of MacDonell's inked prints, made on May 12.

DAVIDS: At the deposition...we requested photographs, copies of all the photographs and slides and notes....We were not supplied any of these items that he presently going to testify about....Nothing was disclosed to us about this man, and this is a blatant attempt to prejudice us on this, to surprise us at trial.  They knew what they were doing at that time.  It is obvious from the thrust of this examination and the preparation for it on May 12th....They set this whole thing up to get us here today unprepared and surprise us with this type of testimony and we strenuously object, Your Honor, to this type of tactics.

EAGAN: That's absolutely untrue....There were photographs of these bloody footprints about which he was examined.  The inked impressions that he took have been replaced by these which are made in blood and I submit that the defense is not surprised....They have made this footprint an issue and we are prepared to rebut it.  We are prepared to go forward, sir.

JUDGE PAUL: You will have an opportunity to inquire of Professor MacDonell.

DAVIDS: Your Honor, in this posture we are now faced with a witness—

JUDGE PAUL: I mean outside of the courtroom.

DAVIDS: Yes, sir.  Okay.  Mr. Delaney has now apparently grabbed his airplane with the intervening delay and left....We were lulled into allowing him to leave his subpoena and take off.  We have him and the FBI in Washington with a virtual impossibility of ever getting him back down here and we have not yet ever looked at [MacDonell's test prints in blood]....They should be made a part of the evidence, but we have not ever been afforded an opportunity to look at these prior to—we have not seen them yet.

JUDGE PAUL: You are about to see them.

DAVIDS: Okay.

JUDGE PAUL: How long would you like a recess?  Tell me.  I'm sure Professor MacDonell would make it available to you during the recess.

DAVIDS: At least thirty minutes.

JUDGE PAUL: We will recess until 11:00.

Davids and Hadley interviewed MacDonell through the recess.  But when court was back in session, Hadley continued to argue that the professor should not be allowed to testify abut the tests or the prints that he had made without their knowledge.