Likely can't record a conversation under California laws without both parties consent (ask him if its ok to record the conversation)... so anything said would be hearsay and could not be used against him.  Shrewd move.  He can taint the jury pool so to speak and can't be held accountable for such.  Everyone needs to ask themselves... why after numerous opportunities to disseminate information in open public (i.e.. this message board) does he now want to talk in private?  Makes no sense.