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" The defense asked him if he could imagine confessing to something he did n't do . We should n't make assumptions about what goes on in schools ; instead , we should maximize the educational opportunities at our own institutions . The subject came up in opening arguments , and Higbee ordered it off-limits because she says it would distract from the key question of whether Merck thought Vioxx was safe in 2001.Merck lawyers say they want to talk about the voluntary withdrawal because they say that shows — contrary to Humeston 's claims — company officials cared about patient safety.In a blow to the company , Higbee said Thursday she would n't allow discussion of the withdrawal . No reasonable person will doubt their good intentions , but this would be a big mistake . " Merck will listen .