He said he had indicted Mr. Lewis primarily because of the pretrial statements made by Mr. Fassett.

The defense lawyers have requested that their clients be tried separately, in part because they fear that the suspects may testify against each other, as they already have in pretrial statements.

She said they may use the sworn pretrial statements to cross-examine Mr. Gates and other Microsoft witnesses when they testify in the coming weeks.

During cross-examination, Mr. Fitzgerald asked Mr. Clark about his pretrial statements that "there will not be a real effort to choose a jury free of preconceptions and prejudice."

And, according to a pretrial statement by prosecutors, he denied pushing for any project in which Mr. Ballori had an interest.

Several states are also allowing prosecutors to introduce pretrial statements made by witnesses who change their stories or develop amnesia on the stand.

In ruling that Mr. North should testify, Judge Greene had rejected his pretrial statements as "evasive, disingenuous and argumentative."

"It was the information that she had used cocaine in the past, with her boyfriend's testimony," Dr. Simpson said, alluding to pretrial statements.

Separate juries were required because Mr. Vento made pretrial statements that could have been used against him but not against the other defendants.

Britons, then, were aghast at the prosecutor's pretrial statements to reporters and at the Eappens' appearance on CBS while the jury was still deliberating.