4:26 PM EDT
Judge telling Jury she will have them come back at 10:00 AM Thursday morning.
"With that, put your notepads down, follow Deputy Jarvis and have a good evening."
Are we ready to proceed about motions for sanctions regarding Mr Donnelly?
Yes, Your Honor.
Mantei: Besides the change in his testimony, we discovered he was present in Court on two days, 25 and 26 of January sitting behind the Defendant's family.
He heard in court Jane Sedyka testimony regarding her take on the screaming.
He went home that weekend, and chose to listen to the tape.
Other incidences:
Also, regarding Mr Schumaker discussing with another witness and changing his work to fit Courtroom testimony. ( Schumaker is the maker of the animation that may be shown in Defense closing arguement. )
Also, today Ms Bertalain having listened to some testimony on TV prior to her testimony in Court today.
Mantei: Your Honor, we believe and renew our request as to witness Donnelly to order his testimony stricken.
O'Mara is up and wants to add Shi Ping Bao to the list. (Tit for Tat)
Judge: Court is very concerned over the defense witnesses who have violated the rule of sequestration. The Court is also investigating another possible witness and will tell name privately.
Judge: This is relating to Mr Donnelly.
O'Mara: Testimony Donnolley was exposed to on Day 1 was ?; Don O'Brien, HOA; 2 or 3 others. On Day 2, he was in courtroom for Ms Sydyka's testimony, West saw him in courtroom and told him to leave which he did at the break.
O'Mara talking about case laws for his argument.
Mr Donnelley was sitting in the row behind Shelley Zimmerman, she 'invited' him to sit there. Agrees there was a technical violation. Doesn't think any testimony he heard was molded into the testimony he himself gave in Court. Took it upon himself to listen to the tape.
O'Mara - "Before you impose a sanction there needs to be a quantum of guilt."
Judge - You said Ms Shelley Zimmerman wanted him to be in Court, but she was under the rules of sequestration also.
To my right, 1st row buffer row, 2nd row Zimmerman family row, and rows after that are Media Rows.
So, are you saying Mr Donnelley was seated in a Media Row?
O'Mara: I don't know. I didn't even know at the time what he looked like. Mr West can say.
Mr West: The issue that he was here, he was on Tuesday and part of Wednesday. I met him at the time of his deposition. When we were going out at morning recess, he spoke to me. I told him that he couldn't be here because of the rule of sequestration.
No one with my office had specifically told him he couldn't be here. West is suggesting that the violation was inadvertent and the blame lies with myself or with my staff.
Shelley Zimmerman had asked Mr Donnelley if he could be support for Mr Zimmerman.
Mantei: It was known by the Defense that he had been here prior to what would be his changed testimony in Court.
Points out Mr Crump was forced to be absent from the court and was never called.
Judge: Reads Rule of Sequestration. Court is very very very very concerned. Can not making the finding that he had the knowledge. Can not make finding his testimony would have changed.
Motion for sanctions is denied.
Counsel please approach.
