Commonwealth v. Read — Trial ArchiveLouis Jutras — Direct/Cross
322 linesWhereupon, LOUIS JUTRAS having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: All right, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good afternoon, sir.
MR. JUTRAS: Good afternoon.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MR. JUTRAS: Louis Jutras.
MR. LALLY: And where do you live, sir?
MR. JUTRAS: Stoughton, Massachusetts.
MR. LALLY: And how long have you lived in Stoughton?
MR. JUTRAS: About 23 years.
MR. LALLY: And what is it that you do for work, sir?
MR. JUTRAS: I work for the town of Canton. I am the manager of the information systems division of the finance department.
JUDGE CANNONE: I'm sorry. What was the last part? The manager --
MR. JUTRAS: Of the finance department.
JUDGE CANNONE: Thank you.
BY MR. LALLY:
MR. LALLY: And, sir, how long have you held that position?
MR. JUTRAS: Almost 25 years.
MR. LALLY: Now, if you could, explain to the jury just as far as your job is concerned, what does that relate to or what is it that you do as a director of informational services?
MR. JUTRAS: Sure. So my responsibility is for the municipal departments and all the technology associated with that.
MR. LALLY: And does that include everything sort of from cell phones to GPS and town vehicles to security systems and things of that nature?
MR. JUTRAS: Yes.
MR. LALLY: Now, with reference to your department, how many people work in your department?
MR. JUTRAS: There are three of us in total. Myself and two others.
MR. LALLY: So you essentially supervise the other two people, as well?
MR. JUTRAS: Yes.
MR. LALLY: Now, at some point, if I could turn your attention to around the time of January 29th, 2022, some point after that, did someone from law enforcement or from a police department reach out to you in regard to security cameras or camera systems within the town of Canton?
MR. JUTRAS: Yes. I received notification from Lieutenant Gallagher that there was a motor vehicle incident in town, that the state police would be looking for some video footage.
MR. LALLY: And so you received an initial notification from Lieutenant Gallagher, telling you that state police would be reaching out, looking for video?
MR. JUTRAS: Correct.
MR. LALLY: And, at some point shortly after that, did you receive any sort of -- did anybody from the state police reach out?
MR. JUTRAS: Yes. Trooper Dunne reached out. We hada phone conversation. We had email correspondence relative to dates and times. We had pulled some footage from one site in Pequitside Farm that was put together. And then after that, there was a request for anything facing Washington Street either from town hall or from --
MR. LALLY: And so as far as what was relayed to you by Trooper Dunne, what was sort of the description or what was it that you were asking, just specifically time frames or did you get any other information as far as what you were looking for?
MR. JUTRAS: From what I recall, there were two different time frames, between 12:00 and 1:00 and then between 5:00 and 6:00 that was in our discussion and correspondence relative to town hall.
MR. LALLY: And, just to be clear, that's from 12:00 a.m. to 1:00 a.m. and then 5:00 a.m. to 6:00 a.m.?
MR. JUTRAS: Correct.
MR. LALLY: Now, as far as the Pequitside Farm, can you describe to the jury sort of what kind of location that is or what kind of town property it is and where it is in relation to the town of Canton?
MR. JUTRAS: Yes. So the physical area is off of Pleasant Street, which intersects with Washington Street, closest to Dedham Street and the police department. That's a large area, a big white house. And we have cameras that, you know, face the entrance, the street and that surround the building.
MR. LALLY: And, as far as the coverage from those cameras, have you had occasion on -- this occasion or prior occasions or subsequent occasions to look at sort of the view that the camera gets from Pequitside Farm?
MR. JUTRAS: Yes. We have a straight shot down from the building, down the entrance driveway, right to the street. The other cameras that are around there, there's a couple of doorbell-type cameras that physically focus on specific sections and then other ones cover the general grounds around the building and the backside.
JUDGE CANNONE: Can I interrupt for a minute, sir? Could you please spell the name of the farm?
MR. JUTRAS: Yes. Pequitside. P-E-Q-U-I-T-S-I-D-E.
JUDGE CANNONE: Thank you.
BY MR. LALLY:
MR. LALLY: And, sir, Mr. Jutras, is it fair to say that Pequitside Farms cameras cover more of the property and less of the street out in front; is that correct?
MR. JUTRAS: Yes.
MR. LALLY: Now, as far as the -- that was the initial request, was in regard to Pequitside; is that correct?
MR. JUTRAS: Correct.
MR. LALLY: And so the subsequent request, what was that in regard to?
MR. JUTRAS: That was for anything, town hall, library, that physically faced Washington Street.
MR. LALLY: And so the town hall and the library, sort of where are they situated in relation to each other and in relation to Washington Street?
MR. JUTRAS: Yes. So they physically abut on either side of Washington Street right at the intersection of Sherman. They are diagonal to each other.
MR. LALLY: Now, as far as the recording devices or the cameras on town buildings within the town of Canton, are those -- are they sort of uniform or does it vary from location to location or vary within the location?
MR. JUTRAS: The physical model of the recorder as far as the manufacturer, that is the same that we have across 15 different sites. The types of cameras do change, interior, exterior, doorbell, things like that. But all of the actual recording units are of the same manufacturer, just different sizes and models.
MR. LALLY: And, as far as the town hall and the public library cameras as far as the exterior cameras, at least, they face in that area of Washington Street and actually capture portions of Washington Street?
MR. JUTRAS: Yes.
MR. LALLY: Now, as far as the cameras are concerned, particularly the exterior cameras that we are talking about as far as the library and the town hall, how are they sort of set up to record? Is it one continuous recording? Are they motion activated? How are they set up?
MR. JUTRAS: Yes. The cameras, you know, based on size and so on, they are all set up for motion in pretty much all of our locations.
MR. LALLY: And, as far as the -- from your review of those cameras, is there any sort of indication on the footage as far as date and timestamp or anything like that?
MR. JUTRAS: Yes. We usually have it in one of the corners or someplace along when we have the video saved and exported.
MR. LALLY: And, when you were able to pull the video that the troopers were requesting, the date and timestamp affixed to those videos, was that accurate as to what the date and timestamp actually was at the time that it's recording?
MR. JUTRAS: Yes. I believe so.
MR. LALLY: And those date and timestamps, do you know where they come from? Where do they derive from?
MR. JUTRAS: The system is linked to a time server which is remote and is used from the national standards.
MR. LALLY: Now, as far as the video is concerned from those, they are motion activated, but how far back do they go as far as -- how many days passed before it -- does it get sort of overwritten at some point?
MR. JUTRAS: Yes. Depending on the site, you know, most of them, because of the motion activated, because of various request types and so on and the number of the cameras, we usually try to get about 30 days. There are some that go longer because the site is or isn't used as much. And then there are other ones where, you know, specifically with the library, they only requested to have a maximum of 30 days on that device.
MR. LALLY: And so when you received this request from the troopers, that was well within the 30 days; is that correct?
MR. JUTRAS: Yes, because we are talking February 7th for the last request.
MR. LALLY: Now, as far as the video that you exported -- well, let me ask you this. As far as when you were asked to retrieve that video, can you explain sort of mechanically the process of how you got that video and how you delivered that to the trooper?
MR. JUTRAS: Uh-huh. Yes. So specifically for the town and the library one, that, again, time frame provided, using the manufacturer's software product, doing the search, picking the cameras that are facing the Washington Street side and then having the time frame and exporting that out. That becomes, depending on the size of it, either a full executable that can just be opened and viewed or a compilation of files that has a player with it. And then, based on the fact that we had already put videos together and that that material was picked up, I had sent a file share link for that information.
MR. LALLY: And you had sent that file share link to Trooper Dunne; is that correct?
MR. JUTRAS: Correct.
MR. LALLY: Now, as far as the video that you reviewed, were you sort of parsing or were you looking for a specific area or did you just sort of take the whole time period requested and send that off to the trooper?
MR. JUTRAS: As far as I recall, it was the whole time frame, just because we only have two cameras or so that physically cover the area in question and he had two separate hours in question, as well. So they were able to be exported and sent.
MR. LALLY: Now, as far as this particular video, this is video only, correct? There's no audio that's attached to these cameras?
MR. JUTRAS: Correct. No audio.
MR. LALLY: Now, as far as access to these cameras and the footage within the cameras, who, if anyone, besides yourself would have access to remove any sort of footage from the cameras?
MR. JUTRAS: No one.
MR. LALLY: Now, sir, before we get to the camera footage specifically, I just want to ask you about another area.
MR. JUTRAS: Uh-huh.
MR. LALLY: In relation to also within -- sort of the ambit of your duties and responsibilities would include GPS on town trucks, correct?
MR. JUTRAS: Yes. Public works has a setup via their radios for GPS information.
MR. LALLY: And so with regard to that, specifically the DPW trucks, what, if any, information did you receive from anyone at the DPW in relation to those GPS devices within the trucks shortly after the snowstorm from the 28th and the 29th of January?
MR. JUTRAS: Yes. So on February 1st, I received notification from the operations manager that the GPS information was not working.
MR. LALLY: And so you received information after the snowstorm that it wasn't working during the snowstorm; is that correct?
MR. JUTRAS: Correct.
MR. LALLY: And, as far as that, is that -- as far as GPS sort of going down in the DPW trucks, is that abnormal or how often would that occur?
MR. JUTRAS: Yes. It happens several times throughout the year for various reasons. They have a radio repeater. It's connected through a network. It runs software on a server that we have in-house. The server is rebooted. The network goes down. Things are, you know, changed for various reasons and we need to re- establish connection to whatever recorder it is for that repeater. And then the information is then picked up.
MR. LALLY: Now, taking you back to the Canton Public Library video that you provided to the trooper, were you told anything about sort of any type of vehicle or anything to be looking for within that particular video time frame that they were asking about?
MR. JUTRAS: Not that I recall.
MR. LALLY: And do you recall ever actually watching the video, itself, as far as confirming sort of what it was?
MR. JUTRAS: Yes. I mean, I watched it from the time frame to see what we had for information, watched it just to move forward to the end to make sure that there was information and when the record was, you know, physically available. But what was in it, no.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Sir, I'm showing you a disk. I'd just ask you to -- as far as that video from the Canton Public Library, you've seen that video subsequently; is that correct?
MR. JUTRAS: This disk with the wording on it?
MR. LALLY: Yes.
MR. JUTRAS: No. I haven't seen it.
MR. LALLY: Not that specific disk. I'm sorry, sir. But the footage, have you been shown that particular video footage or did you review that footage before you gave it to the troopers?
MR. JUTRAS: This is not mine to the trooper.
MR. LALLY: Understood.
MR. LALLY: Your Honor, may we approach?
JUDGE CANNONE: You may.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: I just don't know. Is there any objection to the video coming in?
MR. YANNETTI: I'm not going to object because he's never seen the disk. You know, as long as it -- I mean, I think he testified that he didn't watch the whole thing.
MR. LALLY: No.
JUDGE CANNONE: He watched the beginning and the end just to make sure it was that time period. I mean, in a position of I don't know for sure what's on there. I trust Mr. Lally's word that that's what he provided to us.
JUDGE CANNONE: So I can send the jurors out and have them come back and have them watch it if you want.
MR. YANNETTI: Are you going to play it now?
MR. LALLY: All I'm looking to do, Your Honor, is just putting it up on the screen from the two different time periods so the jury can get an orientation as to what they're looking at. I'm not playing any specific portion or directing him to anything because this witness didn't --
MR. YANNETTI: If I may have a moment?
JUDGE CANNONE: Okay.
MR. YANNETTI: I'm not going to object. That can be introduced.
JUDGE CANNONE: All right. Thank you.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: All right. So you both agree to the next exhibit?
MR. LALLY: Yes, Your Honor.
MR. YANNETTI: Yes, Your Honor.
JUDGE CANNONE: So the parties agree that this is the next exhibit, correct?
MR. LALLY: Yes, Your Honor.
MR. YANNETTI: Yes, Your Honor.
(Whereupon, disk with library film footage was entered and marked Exhibit No. 110 in Evidence.)
COURT REPORTER: Exhibit 110.
JUDGE CANNONE: Thank you.
MR. LALLY: Your Honor, with the Court's permission, I would just ask to briefly publish portions.
JUDGE CANNONE: Yes.
MR. LALLY: Thank you. Ms. Gillman, if I could have the first video portion from 12:00 a.m. to 1:00 a.m.
(Whereupon, the video is played.)
MR. LALLY: Please pause it there.
BY MR. LALLY:
MR. LALLY: Mr. Jutras, do you recognize what's up on the screen?
MR. JUTRAS: Yes, I do.
MR. LALLY: And as far as the view from this camera, this is from the library; is that correct?
MR. JUTRAS: Correct.
MR. LALLY: And so as far as what we are looking at here, this is the view from the camera as you observed it on the security camera and as you provided it to the jury, correct?
MR. JUTRAS: Yes, sir.
MR. LALLY: I'm sorry, sir. Do you have -- is there a laser pointer up on the desk in front of you?
MR. JUTRAS: Yes, sir.
MR. LALLY: Are you familiar with this area as far as the area of Canton?
MR. JUTRAS: Yes. The town hall is right across the street.
MR. LALLY: I'm sorry. I stepped right over your words when you were saying that.
MR. JUTRAS: Yes. So town hall is right across the street and the intersection here is at Sherman. And this is Washington, the longer street that you see.
MR. LALLY: So Washington sort of runs parallel with the screen and then Sherman is the street that appears to intersect with Washington?
MR. JUTRAS: Correct.
MR. LALLY: In the area of the town hall?
MR. JUTRAS: Yes, sir.
MR. LALLY: Ms. Gillman, if you could take that down and then just put that up.
BY MR. LALLY:
MR. LALLY: And, again, sir, what is up on the screen, do you recognize that?
MR. JUTRAS: Yes.
MR. LALLY: And is this essentially the video that you provided to the troopers that you retrieved from the Canton Town Library from 5:00 a.m. to 6:00 a.m., later on that day of January 29th?
MR. JUTRAS: Yes, sir.
MR. LALLY: And the orientation as far as Washington Street and Sherman Street, that's all the same in reference to the earlier, and the camera hasn't moved?
MR. JUTRAS: Correct.
MR. LALLY: Thank you. If I may have one moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Thank you very much, sir. I have no further questions, Your Honor.
MR. YANNETTI: If I may proceed, Your Honor?
JUDGE CANNONE: You may.
CROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good afternoon, Mr. Jutras.
MR. JUTRAS: Good afternoon, Mr. Yannetti.
MR. YANNETTI: So confirming the state police when they contacted you, they asked for two hours of video footage, right, between 12:00 and 1:00 a.m. on January 29th and between 5:00 and 6:00 a.m. on January 29th, correct?
MR. JUTRAS: Yes, sir.
MR. YANNETTI: You pulled that video footage or at least arranged for it to be pulled for the state police, correct?
MR. JUTRAS: Yes.
MR. YANNETTI: And I believe your testimony was that you checked the beginning and the ending time to make sure that you had the right time periods for those two hours, correct?
MR. JUTRAS: Yes.
MR. YANNETTI: But you did not sit down and watch 100 -- I'm sorry -- one hour of snow falling and/or cars driving by the public library, correct?
MR. JUTRAS: That is correct.
MR. YANNETTI: You didn't do that between 12:00 and 1:00 or between 5:00 and 6:00?
MR. JUTRAS: Correct. I didn't.
MR. YANNETTI: All right. And, at the time that you provided the video footage to the state police, did you know whether or not there was any missing footage within those two hours?
MR. JUTRAS: No. Again, I did not play every single second of the video.
MR. YANNETTI: Understood. It's fair to say, and you're certain that you did not cut out any of the video footage in those two time periods, correct?
MR. JUTRAS: Correct. It's motion activated. That's the only piece.
MR. YANNETTI: You provided the state police with the raw footage as it existed in your possession at that time, correct?
MR. JUTRAS: Yes.
MR. YANNETTI: And, at that time, you knew that the raw footage was only saved for between 30 and 60 days?
MR. JUTRAS: That one is less than 30. Yes.
MR. YANNETTI: Right. Now, as of early February when you were dealing with the state police, you knew that Karen Read had been arrested and charged in court, correct?
MR. JUTRAS: I do not recall if I had that information.
MR. YANNETTI: You knew that there had been a police officer found dead on the lawn of another police officer in Canton?
MR. JUTRAS: At that time in February, I believe so.
MR. YANNETTI: And that likely would have been discussed when the state police called you?
MR. JUTRAS: I do not recall the conversation other than asking for video footage for Washington Street.
MR. YANNETTI: And I'm sorry, sir. If you could just keep your -- if I can't hear you, I guarantee that these last jurors can't hear you. Could you just repeat that last question?
MR. JUTRAS: Yup. Again, in the conversation with it, we had the dates and the time frames. And anything else relative to it, I do not recall specifically.
MR. YANNETTI: Okay. So you don't have a memory of what you were being asked for this?
MR. JUTRAS: Correct. I know it was for a motor vehicle accident. Who and what, I do not recall if that was ever mentioned specifically.
MR. YANNETTI: Okay. And you would agree with me that as the I.T. director, you have the ability if you wanted to to download the footage onto some hard drive to preserve it if you wanted to do that?
MR. JUTRAS: Yes.
MR. YANNETTI: Did any state trooper ever ask you to download and preserve that footage so that it would exist longer than that 30- to 60-day period?
MR. JUTRAS: No.
MR. YANNETTI: And so it's fair to say you did not do that, correct?
MR. JUTRAS: Correct.
MR. YANNETTI: You complied with what they asked you to do?
MR. JUTRAS: Yes.
MR. YANNETTI: Now, skipping ahead to April 6th of 2023, you were contacted by Michael Proctor, a state trooper investigating this matter, correct?
MR. JUTRAS: I do not recall.
MR. YANNETTI: Do you recall Michael Proctor asking you to provide to the defense in this case the same raw footage that you had previously provided to the state police?
MR. JUTRAS: No.
MR. YANNETTI: And you don't recall telling him that you couldn't do that because after 30 to 60 days, the footage is gone, correct?
MR. JUTRAS: I had a phone call with what I thought was Trooper Dunne, asking for another copy of the data and telling him that I did not have it and I couldn't recreate it.
MR. YANNETTI: I see. So you assume --
MR. JUTRAS: If it was Proctor. But no. I thought I was speaking with Trooper Dunne.
MR. YANNETTI: Trooper Dunn was the name that you remembered from February of --
MR. JUTRAS: Correct. That was the first interaction I had.
MR. YANNETTI: And, when they mentioned state police, you assumed it was the same state police trooper, correct?
MR. JUTRAS: Yes.
MR. YANNETTI: It's fair to say that once you shared the footage with the state police in February of 2022, you didn't control what they did with it after that, correct?
MR. JUTRAS: Correct.
MR. YANNETTI: And you have no personal knowledge about how they preserved it or didn't preserve it, correct?
MR. LALLY: Objection.
JUDGE CANNONE: I'll allow it. Do you have any idea?
MR. JUTRAS: No.
BY MR. YANNETTI:
MR. YANNETTI: And one last question. You cannot testify about whether any video was removed from the footage after you provided it, correct?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
MR. YANNETTI: Nothing further. Thank you.
JUDGE CANNONE: Anything further?
MR. LALLY: No redirect, Your Honor.
JUDGE CANNONE: All right, sir. You are all set.
(Whereupon, the witness was excused.)
JUDGE CANNONE: Do you have another witness, Mr. Lally?
MR. LALLY: I do not, Your Honor. May we approach?
JUDGE CANNONE: Yes.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: My apologies, Your Honor. I don't want to hold the jury up any more, but so Lieutenant O'Hara would have been the next witness. He had a homicide that he was called out to in Worcester and then some other thing that he had to go to assist in Rhode Island. So he is not available.
JUDGE CANNONE: Okay. And plus I didn't tell you that we were going to 4:30. Where do we stand? I know the jurors must be dying to know whether we are on schedule or not, especially I would not have given these three days off had I known that it was going to be behind. We have picked up the pace considerably, though.
MR. LALLY: I think we are a lot closer than we were coming into this week. I can say that.
JUDGE CANNONE: Any idea when you might finish up?
MR. LALLY: Hopefully mid-July, by the end of that second week. There are a few witnesses that may take some time.
MR. YANNETTI: You're asking me?
JUDGE CANNONE: Yes.
MR. YANNETTI: I think we have one week with the defense case. We are talking the week of June 19th, maybe by the end of that week to finish up.
JUDGE CANNONE: All right. So that actually puts us on schedule, which I'm going to tell them today. Next week we are a full day Monday, down Tuesday, full day Wednesday, half a day Thursday, off Friday.
MR. YANNETTI: Oh, off Friday too? Okay.
MR. YANNETTI: That's fine.
JUDGE CANNONE: Let's try and be as concise as possible. And we will talk after the jury goes out.
MR. LALLY: Thank you.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: So, jurors, in fairness, I didn't tell the lawyers that I was hoping to go until 4:30 today, and I understand, as sometimes happens with law enforcement witnesses, they get called away. So that is it for today. Now, next week I would like to go as much as we possibly can on the days that we're here for full days. So Monday is a full day. I would like to go until 4:30 if everybody can with a shortened lunch hour. Tuesday we are not in session. Wednesday is a full day again. We'll go right to 4:30 with a shortened lunch. Thursday is a half day, maybe even closer to 12:00. And Friday we will not be in session. So those are the dates that we gave you before. So we will get as much done as we possibly can during that period of time. Okay? So those same cautions. Please do not discuss this case with anyone. Don't do any independent research or investigation into this case. If you happen to see, hear or read anything about this case, please disregard it. You've got a few days off. Just disregard this case. Don't think about it. Leave everything here and have a great few days. We will see you next week.
(Whereupon, the jury is escorted from the courtroom at 4:03 p.m. and excused for the weekend.)
JUDGE CANNONE: I will actually see you over here for scheduling.
(Whereupon, there was a sidebar conference as follows:)
MS. LITTLE: And, Your Honor, this was "SS."
JUDGE CANNONE: What was that, Mr. Little?
MS. LITTLE: I just wanted to give you "SS."
JUDGE CANNONE: Did you get to look at these yet?
MR. LALLY: No, but I --
JUDGE CANNONE: All right. So I'll give those to you. You can look at them and we will mark them first thing Monday morning. So you don't have to look at them right now.
MR. LALLY: Thank you.
JUDGE CANNONE: So who do you anticipate calling -- oh, do you have another exhibit?
MS. LITTLE: I'm just returning that to you.
JUDGE CANNONE: All right.
MR. LALLY: So I would start off with Lieutenant O'Hara.
JUDGE CANNONE: What was his involvement?
MR. LALLY: He is the SERT team.
JUDGE CANNONE: Okay.
MR. LALLY: Next, the one thing I do need to mention is there is another witness that I'm probably going to have to take out of turn. It is Ashley Vaillier from the crime lab.
JUDGE CANNONE: Okay.
MR. LALLY: So she is only available next week. After that, she flies to -- I think she's going away for a few weeks or basically the rest of June. Later in the week, she has some testimonial obligations in I think Lawrence and Peabody. So she was looking to do those like Thursday-Friday. Somewhere in there. So what I was hoping to do was to take her out of order and get her done on Monday.
JUDGE CANNONE: Okay.
MR. LALLY: The other thing with reference to Ashley Vaillier is that I said I would express this to the Court and to counsel. So it's a pronoun situation.
JUDGE CANNONE: Okay.
MR. LALLY: So it is not Ms. Vaillier. It is not Mr. Vaillier. It is Mx. Vaillier. So M-x-. That's how they prefer to be referred to. So I just wanted to flag that for the Court.
JUDGE CANNONE: Okay. And what is Mx. Vaillier's title? Is it easier to call Mx. by a title?
MR. LALLY: Not really. I mean, she's a Forensic Scientist II with the trace unit.
JUDGE CANNONE: Okay. That's fine. Who else do you anticipate next week? And I won't hold you to it. I just want to figure out the best way to spend the next three days.
MR. LALLY: No. So I think it would be Officer Barros from the Dighton Police, Sergeant Bukhenik and some combination of CPAC or CARS. And then we get into the lab and those type of witnesses.
JUDGE CANNONE: Okay.
MR. YANNETTI: If I text you over the weekend, would you probably have a better idea of the lineup for Monday?
MR. LALLY: Oh, sure. Yes.
MR. YANNETTI: I can text your clerk if you'd like, as well.
JUDGE CANNONE: Or email. I just would like an idea of who we might have on Monday.
MR. LALLY: Sure.
JUDGE CANNONE: All right. Do you believe you still need voir dire of the defense experts?
MR. LALLY: Yes, ina lot of ways. Also, I think I had notice last week of a different forensic pathologist of which I have a curriculum vitae, but I don't have any reports or anything to do with that witness. Some forensic pathologist from the California penal system is all I know.
JUDGE CANNONE: All right. And that's always problematic after the jurors have been given names of witnesses.
MR. LALLY: This one I don't think was on the defense's witness list.
JUDGE CANNONE: No. That's what I mean. That's why it's problematic. All right. I suggest you get him everything he needs for that witness.
MR. YANNETTI: Of course.
JUDGE CANNONE: And, if there is a motion to exclude that witness, we will have to deal with that.
MR. YANNETTI: Okay.
JUDGE CANNONE: Anything else.
MR. LALLY: I think as far as a housekeeping matter, Your Honor, what had been Exhibit 48 did not have the redactions that the Court had wanted as far as phone numbers were concerned. Mr. Gilman has since done that. So what I would move to formerly do is to convert what had been marked as Exhibit 48 to the next identification number and the redacted portion make Exhibit 48.
JUDGE CANNONE: Okay. So where is Exhibit 48?
MR. LALLY: Right here. So that is Exhibit 48.
JUDGE CANNONE: So we will now mark what was previously 48 for identification.
COURT REPORTER: That will be "TT" for Identification, Your Honor.
JUDGE CANNONE: And by agreement -- oh, we had already marked this.
MR. LALLY: The book had been marked previously.
JUDGE CANNONE: All right. I said I'd like you put in "SS" as an exhibit with the redactions. Madam is planning on being here until 4:30 now, anyway. I said I wasn't going to make you look at it. Can you do it quickly?
MR. LALLY: I don't think it's going to take me more than two minutes.
MS. LITTLE: It's only two short sentences.
MR. LALLY: I think I know the areas that Ms. Little wants redacted.
JUDGE CANNONE: Okay. You take a look at that. T'll tell you what areas I thought would be redacted, and they are probably the same. From page 104?
MR. LALLY: Yes. I can see an argument for the first -- but when we get to the medical terminology as far as report of initial rhythm, asystole, given epinephrine, I think that comes in.
MS. LITTLE: I can make it shorter if you want. I will say it's repeated here and I left it unredacted. I think I accidentally just redacted --
JUDGE CANNONE: All right. So I agree if you -- page 104, some people tend to read the first few pages more than they read the last few pages. I would end it right after "call to EMS." Just the hearsay part.
MS. MCLAUGHLIN: I'll take care of that right now.
JUDGE CANNONE: Okay.
MR. LALLY: I think that's similar to what's here on page, the other page 104.
JUDGE CANNONE: I don't have that.
MR. YANNETTI: Isn't that 104
JUDGE CANNONE: We just did 104.
MR. YANNETTI: That says 104.
JUDGE CANNONE: Right. But --
MR. LALLY: There's a couple different 104s.
JUDGE CANNONE: But I only have -- "SS" only have one 104. So you have a different document. Oh, maybe not. All right. Fix it. Fix it. Nancy, we'll do this on Monday. So this slows us down. It takes extra time with all the court staff. So when I say something needs to be done by 1:15, it really needs to be done by 1:15.
MR. LALLY: I understand.
JUDGE CANNONE: With the items not going in or it's going in with no redactions. That's not the right thing to do either. All right. We will see you all Monday.
MR. LALLY: Thank you.
MS. LITTLE: Thank you.
(Whereupon, unredacted Exhibit No. 48 was entered and marked "TT" for Identification.)
(Whereupon, the Court adjourned.)