decide to. if it's wide open, i can't imagine he's going to open himself up to that sort of cross-examination. >> and vaughn, when are we expecting decisions or rulings on the evidence from judge marchand? >> reporter: we're expecting here over the course of this afternoon. this process could take as short as an hour here. they're already currently i believe on the fourth previous trial determination that they are going through. of course it's the prosecution that first presents why they believe that they should be able to bring up these determinations, one of the prosecutors for the district attorney's office saying, quote, it's hard to think of something more skbarly in the wheelhouse than a finding by a judge of persistent fraud and illegality. just a moment ago, another quote i'll read you, there's a particular need for the people to assess the defendant's credibility and they intend to make witness credibility the centerpiece for the trial, and that is an argument for permitting this evidence here. essentially making the case that, look, the defense wants to

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