While Mackris and Fox traded accusations, observers also noted that O'Reilly and Fox never specifically denied that he had held the conversations with his producer.
"Bill believes in retrospect that the conversations may have been recorded, and he's confident that if they exist in an unadulterated state, it will be exculpatory," Green said.
Without confirming or denying that sexually explicit conversations took place, Green said tapes might indicate whether they were "initiated for the purpose of entrapment."
Green also filed a motion with the court to have any tapes turned over by Oct. 22, but has received no response from Morelli, he said. The move to remove Morelli as Mackris' attorney, Green said, comes because he is "a litigant. And he can't be both a litigant and an advocate."
WOW!
So if she brings it up first, she's toast.