"Here is Part 1 of Chris Brown's report, with more to
"Part 1 - The "Botosan" Issues
"The entire day was used to (nearly) finish the testimony of
Darl McBride on direct by Mr. Singer and cross-examination by
Novell's Mr. Eric Acker. SCO expects perhaps a "few more minutes"
to complete redirect then perhaps a half hour for Novell's
"re-cross." This will occur tomorrow morning.
"As yesterday, Mr. McBride looked well-prepared and directed
many of his answers to Mr. Singer's questions directly to the jury.
Answers to Mr. Acker's questions were directed to Mr. Acker.
"Before court began, it was heard that Novell had some issues
regarding SCO's witness, Christine Botosan, they wished to discuss
with the judge. The court clerk asked if they wished the judge to
be alerted and start early to hear it. Novell indicated they did
and Judge Stewart opened court at 08:25.
"Novell's Sterling Brennan told Judge Stewart that an issue has
come up and Novell, not wanting there to be any evidentiary
surprises, wanted to tell the judge about it. He said SCO will be
calling Dr. Botosan to testify. Her analysis runs through 2007. He
discusses various events in the case and SCO's history that had an
impact on SCO's stock history. He specifically mentions various
individual rulings by Judge Kimball and the market reaction to
them. Mr. Brennan opined that if SCO presents her testimony, SCO
will be opening the door to be cross-examined on these events."
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