Commonwealth v. Read — Trial ArchiveProcedural - Juvenile Witness
50 linesJUDGE CANNONE: All right. Mr. Lally, who is your next witness?
MR. LALLY: May we approach?
JUDGE CANNONE: Yes.
(Whereupon, there is a sidebar conference as follows:)
MR. LALLY: Your Honor, the next two witnesses will be [REDACTED] and [REDACTED]. I am not entirely sure that they are here yet. I just am -- obviously, there are some things that we have to do to accommodate them as far as the cameras are involved.
JUDGE CANNONE: Yes. All right. Which one is going first?
MR. LALLY: [REDACTED]
JUDGE CANNONE: All right. How old is he now? Thirteen?
MR. LALLY: He is I want to say 12 or 13.
JUDGE CANNONE: Does it make sense to take a short recess? So you want to get him in the courtroom beforehand?
MR. LALLY: If we could.
JUDGE CANNONE: Is there any objection to that?
MR. YANNETTI: No objection.
JUDGE CANNONE: So why don't we take maybe a 10- minute recess and you can bring them into the courtroom. A media order has gone out that they can't transmit any of this. And you're all in agreement with that, correct?
MR. YANNETTI: No objection.
JUDGE CANNONE: Okay. So we will take a 10-minute recess to set everything up, I guess. All right.
MR. LALLY: Thank you, Your Honor.
(Whereupon, the sidebar conference concluded.)
JUDGE CANNONE: Jurors, we are going to take a 10- minute recess and bring you back in in about 10 minutes.
(Whereupon, the jury is escorted from the courtroom for a brief recess.)
JUDGE CANNONE: So, Mr. Lally, your next witness is a juvenile?
MR. LALLY: Yes, Your Honor.
JUDGE CANNONE: All right. There is a specific media order that there will be no transmission of this testimony. And, by agreement of the parties, the child witness will be sitting in the courtroom in the witness stand when the jury comes back in. That's by agreement, Mr. Yannetti?
MR. YANNETTI: Yes, Your Honor.
JUDGE CANNONE: All right. So 10:00 o'clock or so, we will come back out.
(Whereupon, there was a brief recess taken.)
(Court resumes.)
(Defendant present. Jury present.)
JUDGE CANNONE: All right, Mr. Lally. Whenever you are ready.
MR. LALLY: Thank you, your Honor.
Whereupon, J
JUDGE CANNONE: All right. So jurors, I am going to strike that last comment. The lawyers get to talk to you in closing argument. You will hear them then. There’s nothing, right?
MR. LALLY: Correct.
JUDGE CANNONE: All right, you are all set. Thank you.
JUDGE CANNONE: Your next witness, Mr. Lally?
MR. LALLY: Yes, Your Honor. The next witness will be a juvenile witness as well.
JUDGE CANNONE: Mr. Lally, whenever you’re ready.
MR. LALLY: Thank you, Your Honor.
Whereupon, J
JUDGE CANNONE: All right, [REDACTED], you are all set. Thank you very much. All right, Mr. Lally. Your next witness?
MR. LALLY: Your Honor, if it's --
JUDGE CANNONE: Do you want to come to sidebar?
MR. LALLY: Yes.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: So we had a very short break around 10. I'll give the jury a little bit of a break and then the press can set back up.
MR. LALLY: That's what I was thinking, because we are going to shift into medical testimony.
JUDGE CANNONE: Who is your next witness?
MR. LALLY: Dr. Rice.
JUDGE CANNONE: Okay.
(Whereupon, the sidebar conference concluded.)