. >>> from the magic's chris duhon.he ball is going out, duhon reached around the defender, flipped it to his teammate while diving head-first into the crowd, and that is an assist the hard way. duhon was fine. but the magic worked. >>> and a show against the thunder. a circus shot in the third a season high 29 for him. final seconds of the quarter, derek rode from mid court and banked it in. chicago was up, 16. but the shot of the night was from benny the bull with his back to the basket, he heaved it up from half-court, off the backboard and in. benny the bull, a winner as were the bulls, 99-90. that's your early look at sports on "early today." i'm fred roggin. >>> is a pay cut in shock jock howard stern's future? your early morning entertainment headlines are straight ahead. >>> plus, germany's paul the octopus may have passed away, but we may have our own oracle here in the u.s. you're watching "early today." >>> welcome back to "early today" on this tuesday morning. rain is moving into the pacific west. up around

now i would like to deal with the duhon matter. you talk about the duhon matter with mr. goodlatte, correct? >> yes, sir. >> and, you mentioned that the duhon case, that judge porteous had set aside a conviction by another judge, correct? >> yes, sir. >> i think you said judge richards, correct? >> right. >> you said this was over in judge richards court and it was judge porteous that grabbed it from judge richards, correct? >> yes, sir. >> are you aware that judge richards actually set aside the conviction before judge porteous acted? >> no, sir. i'm not. >> i would like to show you house exhibit 77c. and i would like to highlight the date on this. now, you see this is a motion for a set-aside conviction and dismissed prosecution. i would like to zero in on the date. and it goes to the next page. >> they are going to it up for you and a second. >> my eyes are bad, too. >> you so our mind. do you see where it says june 18, 1993? >> yes, sir. >> okay. now are you aware that this state date is one month earlier than the date when judge porteous dealt with this matter in his

testimony at trial from archives employees, duhon and wallace established the project took tw. days to complete.ip the marcottes also played for ae trip to las vegas for judgeudge porteous. on the strip, judge porteous's h secretary, rhonda danos and paid transp for the judges transportation up front. the evidence is clear that that laurie marcotte later paid for both louis marcotte and laura marcotte testified the payment t wasn't has to consider the fact that theess marcottes had paid g the trade. there is no pretense this was i somemp sort of legitimate act or generosity. it was obviously improper in hin by the parties for that reason. e' return, judge porteouscott tlllingly became marcotte's gomc to judge for sending bonds. rnd mark i wented directly to judge porteous with recommended bondn. amount.ju ondge the mouth to maximize thed income. judge porteous was receptive to them and find countless aunts at request. they would go to his chambers and tell them how much the c prisonerou could afford as parte the s discussions where they requested that he said bill.the as senato

speed and porteous and judge porteous at staunch duhon's as marcotte suggested.ed out between louis speed and judge porteous. it took place during judge porteous' last days on the bench. a final judicial act by judge porteous for the marcottes benefits and evidence the extent to which judge porteous was beholden to the marcottes. now let me turn to judge porteous' confirmation as a federal judge. at some point in 1994, -- excuse me -- at some point in 1994 judge porteous kimber consideration to be appointed as a federal judge. judge porteous if the white house and the senate had found out about his relationships with either creely or the marcottes he would never be nominated, let alone confirmed. in the course of the background investigation and during the confirmation process, judge porteous was asked questions on less than four occasions but what have logically started his disclosure of his relationships with creely and amato if he had been truthful and forthcoming. first at some point prior to july of 1994, judge porteous for about a former referred to as the

and the answer is, he has already done it with respect to jeff duhon.this is only the second time he did it. but, of course, he also knew about all the cash, knew about all the other expensescome and failed to disclose that. and i think there's no question that would admit to not only affected his confirmation, attended his confirmation. with respect to the bankruptcy, the evidence will show a similar effort to conceal the truth. he begins the bankruptcy process by filing a petition with a phony name, not porteous, but he picks a name ortous. he files his name, the petition on the name ortous he opens a post office box so that his first petition won't be associated with them publicly. why did he do this? wife out in a phony name? well, perhaps it's to avoid certain creditors. or perhaps it's to avoid having to casinos and read about his bankruptcy and declined to extend credit, markers for him in a future. or perhaps as the defense will accept -- will present, it's to avoid embarrassment. but a man who go to extreme lengths to file a bankruptcy petition

. >> i previously asked you about jeff duhon. when he started working for you what did he do? >> he kind of started like i did in the business as a janitor, cleaning up, you know, criminal my errands and i would have so many to run but i did have a lot and so it wasn't full-time jobs wanted to be working but at some point he started answering the phones and waiting on people to roll out of jail because of some one mold them out of children to take them back to the office and take a picture so it became advantageous to me to get him licensed to be >> wind jeff first worked for you could he right bonds? >> no he could not. >> why not? >> because he had a conviction. >> what was the conviction? >> i believe was a burglary psp mix what was a felony? >> this search. >> what it could prevent him from holding bonds? >> they have to pull dillinger vince license unless the commissioner approves you can't be convicted of anything and i knew i couldn't get the commissioner to waive it so we thought it would be easier to try to get the conviction satisfied and have his record expunged. >>