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of the reasons for it.  Except to the extent that you were furnished a copy of the petitions for the writs.  Over the signature of Mr. Gerstein as counsel for Mr. Snow.

“Now, in this present situation unbenounst [sic] to your Honor there are factors that I cannot disclose to you.  And because if [sic: of] your statements about involving the State Bar, Mr. Miller and I asked Mr. Gerstein to come here to represent Mr. Snow for the purpose of explaining that to the court.  And I think we have a right to do that.

“The Court:  What will he explain to the court?

“Mr. Maple:  I am not going to say anything further in that regard because that is his job.  Not mine.

“The Court:  All right.  Thank you.”

Judge Xanthos then arrived and stated he had no recollection of having ever appointed Gerstein for any purpose.  Finally, the court agreed to hear Gerstein, and the following discussion ensued:

“The Court:  What’s your purpose for being present today, please?

“Mr. Gerstein:  Well, I was called by Mr. Maple on the basis that I have been involved in this case and have been representing the defendant in the appellate courts, or did at least on the writ matter, and have continued to consult with them; that they had gotten into a situation where they were concerned that there might be a conflict in their making an argument which they felt should be made on Mr. Snow’s behalf.

“That is to say, they were concerned because of the threat of State Bar sanctions against them and that put them into a—

“The Court:  Because of what?

“Mr. Gerstein:  Because of the threat of, as I understood it, your Honor, of State Bar sanctions against them.  Possibly, because of their conduct.

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