10.Pearl Walker Remote-Testimony Motion Denial and End-of-Day Matters
27 linesMR. CACCIATORE: Your Honor, may the record reflect that the witness has identified the defendant?
THE COURT: The record will so reflect.
MR. CACCIATORE: No further questions at this time.
THE COURT: All right. Members of the jury, it is 5:59. I tried to get you out of here before 6:00. We will continue with the balance of the State's presentation tomorrow at 9:00 a.m. I'm going to give you another instruction similar to what I've read you previously over the last couple of days.
Jurors, you must not conduct any investigation on your own. This includes reading newspapers, watching television, using a computer, cell phone, the internet, any electronic device, or any other means at all to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else. You must not visit places mentioned in the trial or use the internet to look at maps or pictures to see any place discussed during the trial.
Jurors, do not watch local news or read local newspapers. Jurors must not have discussions of any sort with friends, family members, or even your fellow jurors about the case or the people and places involved, so do not let anyone make comments to you or ask questions about the trial.
I want to stress again that, just as you must not talk about this case face to face, you must not talk about this case by using an electronic device. You must not use phones, computers, or other electronic devices to communicate. Do not send or accept any messages related to this case or your jury service. Do not discuss this case or ask for advice by any means at all, including posting information on an internet website, chat room, or blog.
With that, members of the jury, we'll be in recess for this evening. We will see you tomorrow at 9:00 a.m. And, again, I thank you for your attention and your sacrifice in this matter.
COURT STAFF: Jury exiting.
(Jury exited.)
THE COURT: You-all may be seated.
State, anything else we need to discuss this evening?
MR. JAY: I received a motion from the defense that I guess they filed at 5:08 p.m., regarding the witness, Pearl Walker, to appear by Zoom. It is not something I can agree to. I'm not sure if they're meaning for deposition or trial or both, it doesn't specify.
MR. OWENS: I've talked to Ms. Walker's daughter, who is her caregiver, and they're going to have her down here at 6:00 o'clock at the state attorney's office for the deposition, and then they'll go from there. Kevin Beck is going to be doing the deposition. But she's outside. She's outside the courtroom, Judge.
THE COURT: Okay. Specifically referring to a motion for witness to appear via Zoom filed October 21st, 2024, at 5:08 p.m. The Court has reviewed it. We can address this tomorrow after you've had the opportunity to take the deposition.
MR. JAY: I would just submit, based on what we've just heard, she can appear in person because she has.
THE COURT: Is that your final position?
THE COURT: Okay.
MR. OWENS: JI think it would be wise to ask her those kind of questions from the lawyers so they would be able to give a more detailed response about why she doesn't want to appear in court. But I understand their position.
THE COURT: Here's the problem that I have. The rule, 3.116(d), requires -- or allows the Court to have virtual testimony or remote testimony if all parties consent. And I'm not hearing consent on behalf of the state attorney's office. And in reviewing the other portions of that specific rule, it all follows if there's consent. So I can't allow your request, based on the lack of consent between the parties.
So, for the record, the motion for witness to appear via Zoom filed today, October 21, 2024, is denied in accordance with Rule of Criminal Procedure 3.116(d) (1).
MR. OWENS: Judge, the only other thing is, we're trying to logistically get our witnesses here. We've got to fly one in and, of course, Ms. Walker and the experts. Just -- I'm just asking for what their plan is for their case for tomorrow.
MR. JAY: Judge, we've covered it up at the bench I thought. This is our last witness. It's up to them on how long they cross her. I thought we anticipated Ms. Boone taking the stand at 10:00 a.m.
MR. OWENS: He mentioned 10:30.
THE COURT: And my understanding was that Mr. Henderson's cross -- Mr. Cacciatore had no further questions for Detective Koepsell, and that we would tender her for cross tomorrow morning at 9:00 a.m. Mr. Henderson advised it would be 30 to 45 minutes. Taking the worst case scenario, that would be 9:45, built in 15 minutes for redirect. I don't know if it's going to take that long. We will then remove the jury. Once the State rests, we will address any motions. I will colloquy your client on a couple of different matters, and then I will turn it over to you.
So I would say that the start time, a good range would be between 10:00 and 10:30. I hope we don't have the same delays we had this morning with access. It's Tuesday, not Monday, there may be less jurors, so it may allow better efficiency in moving our panel in.
But as soon as the State rests, I intend on moving to motion, colloquying your client, and turning the ball over to you, sir, for you to call your first witness.
MR. OWENS: Prior to Sarah Boone testifying, I am going to want to view with her the suitcase and the bat.
THE COURT: Understood.
Okay. Anything else, State?
MR. CACCIATORE: No, Your Honor.
THE COURT: Defense?
MR. OWENS: No, sir.
THE COURT: All right. We'll see you tomorrow morning at 9:00 a.m. Thank you very much..
(Court was recessed at 6:05 p.m. on October 21, 2024, to be resumed on October 22, 2024.)