WORD FOR WORD TRANSCRIPTION OF DISCUSSION BETWEEN HHJBP AND COUNSEL REGARDING SCHEDULING, PROPOSED JURY INSTRUCTIONS AND VERDICT FORM

6/24/11

WFTV Raw Video Day 38, Trial Pt. 12

Starting at 18:58

http://www.wftv.com/video/28351869/index.html


HHJBP: I will have proposed Jury instructions for you to start looking at probably on Tuesday.

LDB: When would the Court like the proposed verdict form?

HHJBP: You can have them on Wednesday after you look at the proposed Jury instructions or Thursday. The way it looks like - the Defense is going to wrap up Wednesday. I would like the State to have some witnesses on standby unless they are coming from out of state so we can get started Wednesday. And you said you would take a half a day but probably a full day, and that means that if you take Wednesday or Thursday and youíre going to take a whole day to closeÖ..

LDB: The openings took a full day. I donít anticipate that the closing plus instructions would be any less.

HHJBP: WellÖ

LDB: They could be more. But I wouldnít anticipate that they would take less than the opening.

HHJBP: Iím trying to decide whether or not I want to send them out Friday evening or whether or not I would like to bring them back in fresh Saturday morning and instruct them and send them out. Because if we send them out, hypothetically, Friday starting at 5:00, weíre going to probably end their deliberations between 6:30 and 7:00 and send them back and I have to keep them separate from each other from that point on. So let me think about that Ė whether or not I want to get them started or whether not Iím gonna bring them in, instruct them on Saturday morning. Instructions will probably take 45 minutes. But thatís something I need to think about.

LDB: What lesser-included offenses we want?

HHJBP: Yaíll have any idea at this moment Ė the ones that I have included, is depending on renewed motions for DV. Currently now whatís in there are both theories of first degree murder and felony murder, after that second degree murder, manslaughter, going to Count 2 and Iím just doing this all on memory, aggravated child abuse with the lesser of child abuse, battery Ė Iím just going off memory, I may or may not have battery in there. Under the aggravated manslaughter, just aggravated manslaughter because there will be an instruction on interlocking verdicts that I would have to give them. And then there are no lessers for providing false information to a law enforcement officer. But think about any other lessers you may be inclined to ask for. But what Iíll do is Iíll get that to you Monday morning cause I can finish that over the weekend. Did you provide the State with this new motion you filed?

(inaudible)

HHJBP: Okay, madam clerk Iím going to ask you toÖ When do you intend to argue this or set it for hearing rather?

JB: (inaudible)

HHJBP: Okay.

JA: The supervisor Ė Iíd be happy to provide it. Can I give it to you privately?

HHJBP: Remember folks that this particular Motion to Dismiss is an evidentiary hearing so youíre going to need motions to prove the allegations other than the attorneys flapping their gums.

JB: Can we have aa couple days.

Thatís fine Ė itís an evidentiary hearing. Iím not going to interrupt the trial. So, you figure out how much time you need. If you need 30 minutes, then you can do it in the morning, starting at 8:25, or if not you can do it at the conclusion of any daysí worth of testimony.

JB: Weíll take the name and we can inform the Court when we are ready to have that heard.

HHJBP: Okay, anything else for the good of the order.

HHJBP: Okay, weíll be in recess til 9:00 tomorrow morning. If you want to bring any matters up, notify the court deputy by 8:30.

So all minds will be clear for tomorrow we will break at 12:00 for 1 hour for lunch and then weíll go to about 3:30. Defense? If thatís going to change you need to let me know because Iím going to make arrangements for the Court Deputies to feed the jury here. So we will stop at noon. Have somebody from your staff order you a sandwich and we will have 1 hour and we will start back at 1:00. Okay, see you in the morning.