(p82- ) - Living Benefits Rider

MR. FOSTER: One other brief issue, Your Honor. In regards to my questioning of Mr. DeSantos when I was asking him about the product, he volunteered information about the living benefits riders.

• The Court may recall that testimony and may recall that counsel, before we broke last, asked specifically what they could say to Mr. DeSantos about living benefits riders.
• And the Court's instruction I believe was clear, that to the extent that they said anything to him, he was to be instructed that living benefits riders will not be mentioned. I'm deeply troubled by what happened.
• I think unfortunately it's something where the bell cannot be unrung, and bringing up an instruction to the jury would just highlight it further.
• But I wanted to indicate to the Court my displeasure about that.

THE COURT: Mr. Martens.

MR. MARTENS: Well, it's interesting, Your Honor, because I have my own displeasure about this.

• I really do feel like Mr. Foster crossed the line on this.
• There is a fight about the versus a and whether this was the marketing strategy.
• And the document he showed him says right under it tax retirement, number one; living benefits in bold, number two.

THE COURT: You should have taken it up with the Court before you going into it.

• Certainly I trust that you did in fact advise him last night not to get into that.

MR. MARTENS: We had advised him previously to stay out of it emphatically.

THE COURT: Did you do it last night?

MR. MARTENS: I did not talk to him at all last night, Your Honor.

• But I told him that emphatically in my preparation.

THE COURT: All right. We'll leave it where it is. I note your objection.

........

MR. MARTENS: Your Honor, if the Court would like, we could remind the witness of that now just so it doesn't happen further.

THE COURT: (Indicating)

MR. MARTENS: Mr. DeSantos, when we ask any questions, please don't mention anything about the living benefits riders, as we discussed before.

THE WITNESS: Okay. <De Santos>

2014 0423 – DOC 812 – Trial Transcript – Day 10 – Walker v LSW – 194p