Stipulation which precluded Steven Jacobson from being recalled

Guilt Phase

October 25, 2004

COUNSEL STIPULATE DET. JACOBSON WOULD HAVE TESTIFIED TO THE SECOND RECORDED WIRETAPE BETWEEN SCOTT AND HIS BROTHER JOE ON 4-18-03 AT 7:08 A.M. THERE IS NO DISPUTE AND NO ISSUE AS TO FOUNDATION WITH THIS RECORDING. EXHIBIT D8X: WIRETAP BETWEEN SCOTT AND HIS BROTHER JOE ON 4-18-03 AT 7:08 A.M. PLAYED FOR THE JURY.