VERBATIM TRANSCRIPT OF ORAL ARGUMENTS BY JB AND LDB ON ROY KRONK AND GA PHONE RECORDS POSSIBLY NOT BEING PRODUCED

No Jury present

6/24/11

http://www.wftv.com/video/28351869/index.html
WFTV Raw Video Day 38, Trial Pt. 12
Starting at 3:36

HHJBP: Mr. Baez, you said there were some discovery violations you wanted to talk about?

JB: Yes, sir. Detective Yuri Melich testified that he obtained phone records for Mr. Roy Kronk from June 2008 til December 2008. We have only received, I believe, 2 weeks of cell phone records for Mr. Roy Kronk, which I believe are June 16th through July. June 1st, excuse me. We don’t have the rest, and I consider this a major violation if in fact Mr. Melich was testifying truthfully. He also testified that he had the phone records of George Anthony during that time period. We don’t have those as well – or any of the other Anthony family members. I’m quite shocked to hear this information; and would request to find out if this is actually true; and inquire by the State if they have made inquiries on this topic – and where these phone records are.

HHJBP: State, any response?

LDB: My speculation is that the records that they may be looking are contained on the disks of information that they have been provided. However, it is my understanding that Counsel has subpoenaed all of Mr. Kronk’s records, asked for a Court order and had Mr. Kronk’s lawyer responded to the request for the subpoena and the court placed some parameters on that to avoid a fishing expedition. Nevertheless, I will inquire of Detective Melich if there are items in his possession that are not what was turned over to us. He and I spent a great deal of time going through his file and comparing it to what I already had and had turned over. So, I will do that. This is the first I’m hearing from Mr. Baez that he believes there is something missing.

As it relates to this allegation about the Anthony’s phone records, HE provided those – he Mr. Baez – provided those to ME. So, if there is something in addition to that that he thinks Detective Melich has based on the testimony then he and I can speak about that; but, I believe ultimately Detective Melich said he testified, or Detective Melich testified that he received HOME phone records of the Anthonys, but we can certainly compare. I am unaware of any intentional discovery violations, but I can continue to work with Mr. Baez to compare information.

HHJBP: Anything else Mr. Baez?

JB: I know we tried to get the cell phone records, but if the… I fully accept that… If Ms. Drain-Burdick can double check; and, then we would obviously have to recall the detective to set him straight.

HHJBP: Well, you talk about there was some Court order with Mr. Kronk’s record, I guess, that predated me?

JB: Yes.

LDB: It must have. I know that he had asked for records from a lot of individuals. Many of them had lawyers. They had a full-blown hearing about the scope of any subpoenas, so – yes.

JB: I….

HHJBP: The Rules of Discovery contemplate a couple of things; it contemplates that the State provides – 1. things that are in their possession that they intend to, perhaps, utilize in trial; reports of experts; and things of that nature. There is something besides the Rules of Discovery called Brady vs. Maryland, which you file a motion. At least on three occasions that I can remember asking for Brady material, which requires that the State provide any information that may be exculpatory to the Defendant. The rules also provide that you have the right to subpoena certain records on your own, and it looks as though you may have subpoenaed phone records. I don’t recall the State trying to introduce anyone’s phone records that they did not give to you. And… So that wasn’t an issue during the trial. The only issue would be if those records were exculpatory, which I cannot say since I’m not familiar with the records – and the State hid them. Uh – the bottom line is if you need records, try to get them; but it’s a little late in the day to be going after red herrings. But, if they are exculpatory things, then you know what happens when they’re exculpatory. So…. That’s all I’m going to say.

HHJBP: Anything else we need to take up?