Author Topic: Week 2, 2nd Day, 7/2/13  (Read 7082 times)

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Offline nomatter_nevermind

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Week 2, 2nd Day, 7/2/13
« on: July 02, 2013, 07:02:24 AM »
 9:00 AM

Bernie talking about case law on improper opinion evidence.

He cited 2 cases.

O'Mara asks to postpone to after cross of Serino.

Nelson motion filed some time ago, she would take moment to look at Bernie's case law.

Offline nomatter_nevermind

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Re: Week 2, 2nd Day, 7/2/13
« Reply #1 on: July 02, 2013, 07:05:47 AM »
Nelson asked Bernie for specific objections.

Bernie says he doesn't want defense attorneys asking police for opinions on GZ's being truthful.

Nelson gave O'Mara permission do some set-up work, I think of audio-visual equipment.

Offline nomatter_nevermind

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Re: Week 2, 2nd Day, 7/2/13
« Reply #2 on: July 02, 2013, 07:08:22 AM »
Bernie doesn't have his notes in order. He's taking a long time to fix that.

Offline nomatter_nevermind

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Re: Week 2, 2nd Day, 7/2/13
« Reply #3 on: July 02, 2013, 07:12:57 AM »
Nelson told the court recorder they are back on the record.

O'Mara asking for time to review Bernie's case law.

Now he's arguing for why Serino in particular is qualified to give opinion evidence on whether GZ told the truth.

Nelson is reading a case that sounds bad for O'Mara. One witness testifying about another's credibility invades the province of the jury. Especially true of police because of their prestige.

O'Mara made some counter argument, said he would review the cases.

Nelson is reading from the other case, which has language similar to the first.

ETA: I forgot to say that in the midst of the forgoing, West said that while O'Mara was reading, he wanted to address the court on another matter. Nelson brushed him aside.

Silence in court as people read.
« Last Edit: July 02, 2013, 07:14:35 AM by nomatter_nevermind »

Offline nomatter_nevermind

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Re: Week 2, 2nd Day, 7/2/13
« Reply #4 on: July 02, 2013, 07:16:30 AM »
O'Mara says he has done a quick review, said all the case law was about prosecution witnesses. He wants time to look for case law showing it's different for defense witnesses.

Offline nomatter_nevermind

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Re: Week 2, 2nd Day, 7/2/13
« Reply #5 on: July 02, 2013, 07:17:17 AM »
Bernie arguing, saying state is also entitled to a fair trial.

Offline nomatter_nevermind

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Re: Week 2, 2nd Day, 7/2/13
« Reply #6 on: July 02, 2013, 07:22:08 AM »
Bernie wants to have the testimony he objects to read again, and the jury told to disregard it.

Mantei talking about Gordon Pleasance. Wants to play recorded direct later today.

He is hiking in a desert, I think Mantei said New Mexico.

He may be available for video link tomorrow morning.

West wants to wait for him to be available, rather than play recording. I think he hasn't been crossed yet.



Offline nomatter_nevermind

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Re: Week 2, 2nd Day, 7/2/13
« Reply #7 on: July 02, 2013, 07:28:02 AM »
West talking about depositions. I'm not clear on whether Pleasance has been deposed.

West says he doesn't object to Pleasance being sworn by the court without a notary being at his location.

Mantei arguing the defense waived their right to be present at recording of Pleasance's direct by not showing up.

Nelson talking about scenarios, tabling argument until afternoon, asks state to have information on Pleasance's availability.


Offline nomatter_nevermind

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Re: Week 2, 2nd Day, 7/2/13
« Reply #8 on: July 02, 2013, 07:35:53 AM »
9:28 AM Nelson asking jurors if they obeyed the rules.

As Bernie asked, Nelson had court reporter read last question and answer, in which Chris Serino expressed his opinion that GZ told him the truth. Nelson told the jury they were improper and they should disregard them.

O'Mara continuing cross of Serino.
« Last Edit: July 02, 2013, 07:38:15 AM by nomatter_nevermind »

Offline nomatter_nevermind

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Re: Week 2, 2nd Day, 7/2/13
« Reply #9 on: July 02, 2013, 07:41:20 AM »
Bernie doesn't have his notes in order. He's taking a long time to fix that.

Those would be the specific questions from the previous day's cross of Serino that Bernie was objecting to.

Offline nomatter_nevermind

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Re: Week 2, 2nd Day, 7/2/13
« Reply #10 on: July 02, 2013, 09:11:37 AM »
11:08 AM

Court in recess.

I've been away, so I don't know what is happening. It's a bit early for lunch, but it could be.

Offline annoyedbeyond

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Re: Week 2, 2nd Day, 7/2/13
« Reply #11 on: July 02, 2013, 09:21:41 AM »
11:08 AM

Court in recess.

I've been away, so I don't know what is happening. It's a bit early for lunch, but it could be.

Late break, nelson was getting testy.

Offline nomatter_nevermind

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Re: Week 2, 2nd Day, 7/2/13
« Reply #12 on: July 02, 2013, 09:23:23 AM »
11:22 AM

Court in session.

Jury returning.

Offline nomatter_nevermind

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Re: Week 2, 2nd Day, 7/2/13
« Reply #13 on: July 02, 2013, 09:24:18 AM »
11:23 AM

State calls Mark Osterman.

He is sworn.

Offline nomatter_nevermind

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Re: Week 2, 2nd Day, 7/2/13
« Reply #14 on: July 02, 2013, 10:25:09 AM »
12:21 PM

MO excused. Nelson announced lunch.

12:22 PM

Jury excused after the usual admonitions.

Recess for lunch, 12:23 PM to 1:30 PM.

 

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