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Are you aware that you can have this evidence presented, Mr. Snow?

“The Defendant:  Yeah.

“The Court:  Thank you.  And today to the court’s astonishment, and I’ve never had this happen, and I know of no court in which there has been no arguments whatsoever as to the attorneys.

“You realize that I cannot force your attorneys to argue.  They have a right to waive that argument.  However, I want you to be aware, if you want someone to argue in your behalf, I will gladly appoint another lawyer and to have him review this case for purposes of arguments.

“Mr. Snow, are you aware that you—that the arguments before this jury in your behalf can cover great areas such as sympathy, moral factors, as well as any background evidence that you may have?  Among the background evidence that could be presented to the jury is that you have been in custody since 1980, to my knowledge, and for the last 10 years perhaps there ha[s] been no evidence of you being not a model prisoner.  That could be a factor in mitigation.

“There are so many aspects to factors in mitigation as to your case.  You understand this Mr. Snow?

“The Defendant:  Yes.

“The Court:  Do you wish the court to appoint another lawyer in your behalf?

“The Defendant:  Yes.

“The Court:  Thank you.  This will be for the purposes of the arguments in this case.  Do you understand this?

“The Defendant:  (Defendant nods head in the affirmative.)

“The Court:  Was Mort Borenstein here?

“The Clerk:  He was here this morning.

“The Court:  Can we get him here at 1:30[?]

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