“The Court: I had asked them whether or not they were doing this based upon the request of the defendant or if it was a tactical matter, and both the attorneys had refused to answer the court. So the court was left in a dilemma of not knowing what to do with respect to that in light of People versus Deere.
“Mr. Gerstein: Uh-huh. Well, your Honor, my understanding is that they are—
“The Court: Now, with your statement, it appears that it’s solely tactical, and the presumption is that evidence to the contrary, the appellate court will take that presumption.
“Mr. Gerstein: Well, your Honor, perhaps I have gone too far in saying that.
“The Court: Well, you’ve made the statement and I’ve accepted it.
“Mr. Gerstein: I’ve—I understand—what I do want to say, your Honor, is that they are representing the client’s best interests in their professional judgment. Now, I did not mean to—
“The Court: That’s all I want to hear.
“Mr. Gerstein: —I did not mean to say by that that this was not the defendant’s judgment or that it was the defendant’s judgment, that that was not taken into account. I have no intention of saying that or that it was a tactical decision as opposed to any other sort of decision, but—
“The Court: Your statements to the court relieves the court’s mind in that you have talked with the attorneys and they have indicated to you the reason.
“Mr. Gerstein: Yes.
“The Court: And I’ll accept that. I will now instruct the jury.
“Mr. Gerstein: Okay.
“The Court: Thank you.
“Mr. Gerstein: Thank you.