10.State's Rebuttal Video Publication
122 lines(In open court.)
THE COURT: Members of the jury, thank you so much for your attention this afternoon. The State still has some additional evidence to place into evidence. It's about an hour or so. Now, I know -- I got a note this morning we can't stay past 5:30. So the question I have for you-all is, are you okay with staying until 5:30 or do you want to go ahead and call it an evening at this point in time? I leave it to you.
JUROR: What time is it?
THE COURT: It's 5:00. 5:03 exactly.
(Jurors conversing.)
JUROR: Keep going?
JUROR: I say keep going. Does anyone reject?
JUROR: If Laura can stay.
JUROR: I think we can stay.
THE COURT: 5:30, correct, though? That's my understanding.
JUROR: 5:30.
THE COURT: Okay. Thank you, sir.
All right. State, you may continue.
THE COURT: You may proceed, sir.
Are they audio or video?
THE COURT: Are these redacted, Counselor?
THE COURT: Okay. Thank you.
All right. Members of the jury, I have an instruction just to read to you with regard to State's 21 that you just saw.
THE COURT: I'm sorry, State's 22. Forgive me.
Members of the jury, you have viewed and listened to video and audio recordings. The Court instructs you that the recordings have been edited to eliminate irrelevant portions that would not add to your understanding of this case. The fact that the recordings have been edited should not concern you in any way and must not impact the way you viewed, listened to, and consider this evidence.
Thank you.
State, you may proceed.
MR. JAY: State's 21 is a DVD, and its main folder is labeled a folder of "attachments" and then there's a file labeled "extraction." Going into folder "attachments." First file being published is img 0665.mov. Date modified metadata indicates 12/3/2019, 2:05 p.m.
(Video played.)
AUDIO RECORDING: Whenever you leave the house, just let me know where you're going.
And you're gonna let me leave?
Yes. Just let me know where you're going.
And I get to leave the house?
Yes.
Exit?
Just let me know where you're going so at least I know where you're at.
Do you have anything else you'd like to add?
I love you.
So it's not yank me back in the house and sit the fuck down and shut the fuck up?
No.
Yank?
No. Just let me know where you're going so I know where you're at. So if you don't come back -- there's no certain time. You don't have to come home at a certain time because I'm not -- you're -- you're a grownup. I just want to know that if -- if it does Surpass a certain time that's, like, shit, where she at, I know where you -- told me you were gonna be at, so that way I can go and --
(Unintelligible) all my friends?
Yes. Nobody said you can't have friends.
I get to go see Boo.
You can go see whoever. I just don't want you to go frolicking with male friends by yourself, because you know what's happened already. You understand what I'm saying?
So I get to go see Boo?
Do you get what I'm saying?
I get to go see Boo?
I don't care about Boo. You can go see Boo. Do you understand what I'm saying, though?
(Video stopped.)
MR. JAY: Next video is a long file name that starts with 2A494, and it's the only one that will show up with that search. Date modified indicates 12/29/19, 12:26 p.m.
(Video played.)
AUDIO RECORDING: Hi. Fuck you.
I don't know what the fuck you're talking about.
Let's just tell everybody you got crumpled in bed.
Crumpled? Crumpled? The word you're using is crumpled? All right. All right. So this is -- my -- my -- my -- geez, you didn't have to put it all in my face, dude. I know you're filming me, but (unintelligible) what the fuck is that? Stop.
Bum-rush.
Yeah. Your bum --
I bum-rushed you.
Whatever. Whatever. Anyways.
What was the choice?
So the choice was to beat your ass or get my ass beat or whatever.
No.
Huh?
'Twas.
Huh?
"Twas.
Twat?
'Twas.
I like twat. I've been trying to get twat from this woman. I've been trying -- pardon me. The phone. Oh, man. I've been trying to get some of that right there (unintelligible) other shit. I know what's going on. See, you trying to film me filming her and blah, blah, blah.
(Unintelligible.)
AUDIO RECORDING: Yeah, you are. You are cooler than me. You are cooler than me. She is cooler than me. She is. Beyond cooler than me.
Hey, I want to get this on film, tape.
(Unintelligible.)
AUDIO RECORDING: No.
Can I take you (unintelligible)?
No.
(Unintelligible.)
AUDIO RECORDING: You. I blame it on you. Sorry, I apologize. Can I -- can I walk around this way and actually film it better? I don't want darkness because you're not dark. Ah. Oh, there she goes. There she goes. What are you filming? Are you filming me filming you? You filming me filming you?
What's the (unintelligible) done me wrong by?
Man, I watched porno. Wait, wait. It stopped.
(Unintelligible.)
AUDIO RECORDING: I got it. What's up? I was -- I was watching porno with my -- she -- she don't like that. I'm not sure (unintelligible) like it's not no big deal.
I actually begged and pl ed -- and pled.
Yeah.
(Unintelligible.)
AUDIO RECORDING: I'm not sure --
Say it. Say pled, cried.
Yes. You begged.
I didn't. You did.
Well, whatever. Okay. Yeah, I did.
Say it.
I begged and -- and --
Pled.
-- pled.
And cried.
And cried.
For me to trust you.
For you to trust me. But, again, I'm not sure --
Did you.
Did I watch porno again? Yes, I did.
(Unintelligible.)
(Video stopped.)
MR. JAY: Next is a video starting with 3BBOC. Metadata shows date modified 12/29, 12:36 p.m., of 2019.
(Video played.)
AUDIO RECORDING: So you remember this. So you remember this. Are you drunk right now?
No, ma'am.
How much alcohol did you drink?
Not enough to be drunk.
You're slurring your words. You're sleeping up against the door right now.
Yeah, because I want to be next to you.
Did I not tell you to not bother me?
Yes, ma'am.
So what is it you come up and do? What time is it right now?
I don't know.
It's 1:20 a.m.
Okay.
I haven't bothered you -- I haven't bothered you since then. I just go to sleep.
But didn't I tell you before at 9:30 to not bother me at all?
Yes, you did.
Because, why?
You have to work tomorrow.
Nope. Because I've been up since 4 a.m. since yesterday when you fucked with me.
Yes, ma'am.
I know how much vodka was in that bottle. And what's the bottle now?
(Unintelligible.)
AUDIO RECORDING: What does that mean?
One more drink.
The bottle is empty. I know how much vodka was in there. Enough for two people to have a really good time. And who drank it?
I did.
I want it to be documented that I'm leaving you, which means that you're getting out.
Why you leaving me?
You're getting out.
What are you talking about?
You're getting out.
Nobody is leaving nobody. Stop. (Unintelligible) nothing.
And (unintelligible) downstairs and (unintelligible) enough to get drunk was because you don't give a shit about me. You don't listen to what I say. Special things that I keep on my front page of my Phone so I remember to -- to tell you about it because of how special and fun it is. I always bother you. TI always bore you. You don't listen to me. Yesterday was my first day of work, remember? And I ended up 90 percent hearing about your day and 10 percent about mine.
You don't bother me or anything (unintelligible). Sometimes you just go -- you overwhelm me. That's the problem, you overwhelm me.
By telling you about my first day of work?
No, dude. You just overwhelm me about every other thing too. Not just your first day of work.
So I'm overwhelming you by telling you about the fourth highest paid baseball player that's a client of ours?
I'm not starstruck.
I don't even know who the guy is.
I don't either.
So the reason why -- I see you fully admit now -- that you didn't care and you did brush me off in the car midway sentence, because you're not into baseball?
No, I didn't. I'm just saying...
I want to go to sleep. Go downstairs.
(Unintelligible) I am.
I am leaving you and I am going to try and cancel plane tickets.
No.
Because I don't need special things for people like you that are doing this like -- to me after I asked you at 1:21 in the morning.
I'm not doing nothing.
I wanted to be asleep. I wanted to stay asleep, which is why I got into bed at 8:30.
I know. I'm not doing anything right now.
I told you not to step foot in the bedroom. So what do you do? Nonetheless, you're drunk. The amount of alcohol -- I know how much was left and I know
(unintelligible).
(Unintelligible.)
AUDIO RECORDING: That's why you're -- I could smell you in the bed before you actually got me up. I can smell you from here. You're despicable.
How am I despicable? I'm not even doing anything.
Leave me alone.
Okay.
You're not gonna remember shit.
Okay. Yeah, okay. Well, I'm not doing nothing right now.
Get away from me. Get away from me.
I'm not doing nothing to you.
You do everything to me all the time, all the time. Heartache and pain is what you cause me, heartache and pain.
How is that?
Keep going. And I dare you. I dare you. TI dare you. You get on your fucking old bike and go to fucking work tomorrow. Don't look at me. Don't come close to me. Don't touch me. Do you understand?
What do you mean?
As of this moment and until I can get you out --
Get the fuck out of here.
I dare you. Yeah, look. Look at it.
Get the fuck out of here. Get the fuck out of here.
Get away from me.
(Unintelligible.)
AUDIO RECORDING: Get away from me. Get away from me. I'm gonna scream bloody murder. I'm gonna scream bloody murder.
Go ahead and scream.
I will scream bloody murder.
Do it.
Get away from me.
Dude, nobody is doing anything.
I'm gonna fucking hurt you.
Nobody is doing anything and you're filming.
Let me go.
(Unintelligible.)
AUDIO RECORDING: I'm asking you, Jorge, to get away from me. Please get away from me. Get away from me.
Yeah, I am. (Unintelligible), dude, malfunction.
You.
No. You're malfunctioning. It's you, dude.
Okay. Whatever you say. Whatever you Say.
Holy shit, the whole hallway reaks of it up here. First, it's shit. Now, it's alcohol.
Yeah.
Don't step foot in this bedroom. I can't even breathe. Like, it's disgusting. Like, it's disgusting.
Sarah, keep filming (unintelligible). Goodnight, Sarah. Love you.
I don't love you. I don't like you. I don't want to be with you.
(Unintelligible.)
(Video stopped.)
MR. JAY: Next video starts 456. That's the only file that starts with that. Date modified metadata, 12/29/2019, 4:04 p.m.
(Video played.)
AUDIO RECORDING: And I'm not gonna have no Hindenburg situation, no Titanic situation, okay? Today is gonna be a good day. Yes, I'm missing my mustache right now. And later on, everything is gonna go off. Truth.
Facts.
Truth and facts. All of this is gonna be (unintelligible) later on. We'll take another video later on when it happen s. Love you-all, whoever watches this video.
No, that's not approved.
The FDA says it's approved.
So it's gonna be a good day all day?
Yes, it is. Even when I --
All day? All day?
-- shave all of this off. Yes. Even when I shave all of this off.
All day?
It's gonna be an amazing day.
It's what time right now?
Sha boing boing.
9:30. 10:00, maybe.
Sha boing boing. That's what we doing later on, Sha boing boing. You can stop filming now.
Not good enough.
It's gonna be a great day. Today is a great day to be -- to have a great day. Cut. Somebody come in with a -- with a -- can somebody come in with a (indicating)? Can you not?
(Video stopped.)
(Video played.)
AUDIO RECORDING: Tt's 6:13 on an (unintelligible) because I told him tonight is gonna go to shit.
(Unintelligible.)
(Video stopped.)
(Video played.)
(Unintelligible.)
AUDIO RECORDING: Sirens, sirens, sirens, sirens, sirens. Sirens and sirens and sirens and this cop car.
How much (unintelligible) today?
How about we forget about that. No.
(Unintelligible.)
AUDIO RECORDING: No. How about we keep going on? All right. How about this? When beautiful Lucas is here, we don't listen to none of that. I don't want to hear sirens. Tt's just beep, beep, beep, all that, all that, whatever. I want (unintelligible) every single day beeping and -- we hear enough of it out here in the
(unintelligible).
AUDIO RECORDING: Are you gonna be nice tonight?
Yes, yes. I promise you, I --
Go for a walk.
By myself?
Yes.
No.
Go for a walk.
No. I'm just gonna chill out. If that's the case, I'll just chill out. So much, like --
Don't ever be a woman.
How can I be a woman?
Don't ever.
I can't, but I can somewhat understand --
Don't ever.
I think some will understand. Some will understand. Some will understand, yes, where you're coming from, but when you have a child and it's like right now, this -- this is too much, but we had a blast with him. Amazing.
Then you got out of sorts.
I --
And pushed me and you stole my phone and called
(unintelligible).
AUDIO RECORDING: I got out of sorts? Why you think that I got out of sorts?
You pushed me.
I pushed you? I didn't push you. How do I get out of sorts all of a sudden? I don't want to hear that.
You did tonight and you're upset.
You drank too much.
Go get your fucktard shit.
What are you talking about?
Your retard paper. Don't hit women.
Have I hit you? No. So where are you even going with this?
I'm turning this off.
Turn whatever -- whatever you have off. (Unintelligible.) You can film me, take a picture of whatever you want. I have -- (Unintelligible.) Do I ever get (unintelligible) ? No, I don't.
I'm not doing anything to you.
No. I never do.
I'm not doing anything to you, Sarah.
That's my name. Don't wear it out.
Sarita, I'm not doing anything to you.
Yet.
It's not a yet. I will not.
(Video stopped.)
THE COURT: Mr. Jay?
MR. JAY: It is 5:28 and we have 3 minutes and 49 seconds of videos if the jury is capable of staying.
THE COURT: I got a thumbs up from the jury.
You may proceed, sir.
MR. JAY: Next image -- or movie is img 1011.mov. Metadata shows date modified 2/2/2020, 11:42 p.m.
(Video played.)
AUDIO RECORDING: Come in there and this is what happens. I'm going upstairs to ask where my car keys are at, because he takes them all the time. Where are my car keys? Where are my car keys? Where are my car keys?
Where -- where you always have them. What are you talking about?
No, they're not. You took them.
I -- Sarah, I didn't take your car keys. They were --
Where are my car keys?
Where they at? All the -- what in the world are you talking about? They're in the -- they're there with --
No, they're not.
Sarah, they're right there.
No, they're not. You took them. I watched you walk away with them.
Why would I take your freaking car keys?
Oh, you're not gonna curse now?
What are you talking about?
You took my car keys.
I didn't take your car keys.
You did.
(Video stopped.)
MR. JAY: Movie starting with file name B51; long file name. Metadata shows 12/29/2019, 4:04 p.m. modified.
(Video played.)
AUDIO RECORDING: I'm gonna go to court and I'm gonna tell the judge, Listen, my fiancee has nothing to do with this. It's all my fault. We were both drinking and got out of hand. Isolated situation. It has never happened before. I love my fiancee. She's a good woman. Never been in trouble in her life. She has a 7-year-old son that she loves and cherishes.
And my Boston Terrier.
She has two dogs. One is blind. One is deaf. She goes around, if she's driving, she sees an animal that's injured, she will stop in the middle of the street, no matter what kind of traffic it is, just to make sure that that animal doesn't get injured any more than what it already has. We both love each other. We both live together. Yes, every relationship has their arguments, but we are not the type of people that you guys have to train us to be.
She especially.
Especially her. So, please, if you can --
Dismiss.
-- dismiss this case.
Closed.
Drop it. She is not that type of person.
Good person.
She's a great person.
Angel.
I know she ain't an angel, but she is close to it.
Best thing that has ever happened to me.
Yes, ma'am. And I love you to death and I hate that we're going through this right now.
(Unintelligible.)
AUDIO RECORDING: What?
(Unintelligible.)
AUDIO RECORDING: I love you, baby. What else do you want me to say? God will prevail and will take us out of this situation. Love you.
(Video stopped.)
THE COURT: All right. Members of the jury, it is 5:33 p.m. I thank you again for your time and your service in this matter.
I'm going to give you another instruction before I discharge you for the evening. Jurors, you must not conduct any investigation on your own. This includes reading newspapers, watching television, or 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 see you again tomorrow morning here at 9 a.m. in 12-Alpha. Thank you so much.
COURT STAFF: Jury exiting.
(Jury exits.)
THE COURT: You-all may be seated.
State, how much additional presentation do we anticipate tomorrow, sir?
MR. JAY: It is just reading from the 108-page PDF that was on that last exhibit. I haven't practiced reading it in front of a mirror, so I'm not too sure, but not too long; 40 minutes.
MR. OWENS: How many?
THE COURT: Forty? Okay. All right. And then you'll be resting at that point in time, correct?
THE COURT: All right. Defense, what, if any, positions do you have at this point in time?
MR. OWENS: Judge, I don't think we're going to put on a surrebuttal, but we'll think about it overnight.
THE COURT: Okay.
MR. OWENS: But I anticipate no.
THE COURT: Okay. I'11l certainly let you stew on it this evening.
I know it's been a long day for all of us. Where are we and how do we want to address the jury instructions, because that is going to take some time.
MR. OWENS: I say -- I was thinking we should have had the jury come in at 10:00 to try to take care of that ahead of time.
THE COURT: Well, the other alternative that I can suggest is, I can be here at 8:00. I can get here at 8:00 and we can start working on jury instructions at that point in time, at least so we can move forward through some of it, and then we can try to just move forward from there. I'm here for you-all. You tell me what you want.
THE COURT: My worry is it's going to take us some time, and if we start at 9:00, 9:40, and it's going to take some time to work our way through these jury instructions. I don't want them sitting back there for two-plus hours just hanging out. We can at least get ahead of that.
MR. OWENS: Could we let them know to come in later?
THE COURT: If they're still here, I'm fine with that. State?
COURT CLERK: They left.
THE COURT: They're gone?
COURT CLERK: (Nods head.)
THE COURT: Okay.
MR. OWENS: What I'm hearing is maybe closing arguments start at 1:00?
THE COURT: Yeah, that's possible. That's possible, if we can get through all the instructions.
Mr. Henderson?
MR. HENDERSON: If I could compromise. How about 8:30, Judge?
THE COURT: I'm up at 5:30. It makes no difference to me. All right. 8:30, it is. We'll see you-all at 8:30 tomorrow morning and we'll start to go through the instructions.
Anything else, State, we need to address?
THE COURT: State -- or defense?
MR. OWENS: No, sir.
THE COURT: All right. Thank you-all very much. We'll see you tomorrow morning at 8:30.
We're off the record.
(Proceedings recessed at 5:38 p.m. on October 24, 2024, to be resumed on October 25, 2024.)