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that the commonwealth, and that's what the government is called in massachusetts, can be held responsible if they lose exculpatory evidence. that evidence would have been likely to affect the outcome of the proceeding. in a sense, the defense is doing the commonwealth a favor, putting it on record. if you have this evidence, you may object later on to the scope of what we have to provide, but for now, put a lock on it. seal it. don't lose it. if you do lose it, then we're going to come after you as the defense for losing it and ask the court to dismiss the case. that was a glimpse into part of the defense's plan going forward. >> lisa, any surprises there in the courtroom? >> no. what you really saw was a lot of the pain staking housekeeping that goes on early on in the trials. it doesn't win the riveting award. we saw kevin spacey. he looked haggard, i think it is fair to say. he didn't speak, as far as i could hear, during the hearing. >> i think we heard a thank you to the judge. >> minimal. different than the kevin spacey

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