CM - renewing motion for mistrial due to morphing video, heart shaped sticker, tattoo and FG trying to enter the issue of remorse.
JA - the tattoo contradicts the stated Defense (various versions of the Nanny story). Regarding remorse - Defense asked if it was appropriate to get a tattoo to remember loved ones who passed. State was just responding.
HHJBP - MOTION FOR MISTRIAL DENIED.
HHJBP - Housekeeping - State is asking for the Court to take judicial notice. Judge said to get cover sheet of the dictionary they are going to use. If the Court takes judicial notice, then the Court will give the meaning of that phrase.
JA - two items they will be formally moving into evidence - two cans from the spare tire cover.
Aside from that, he believes the State will be resting.
Defense will begin its Case in Chief on Thursday as they were unable to reschedule witnesses.
CM - prosecution needs to rest or not rest. The Defense will not be making any arguments until they rest.
Defendants will be prepared to make a judgement of acquittal and motion for directed verdict.
HHJBP to Defense - since we will be working on Saturday, do you want to stop at 1:00 or work longer? JB - possibly, if they have witnesses from out of town, but for scheduling purposes - 1:00.
LDB - can we believe the Defense will not be putting any witnesses on tomorrow? Also, can we have the cases the Defense is going to rely on. CM says they will get it in the morning.
HHJBP - the law is the law, the facts are the facts. He mentioned Soronno (sp).
HHJBP - Grief expert? JA - depo set for Saturday afternoon.
HHJBP - another case for your consideration "Dorband v. State" 2009 DCA decision - has some application to this case since it talks about issues - State put emphasis on the defendant's calm demeanor following a shooting.
Court in recess until 9:00 a.m.