Procedural - Exhibits

JUDGE CANNONE: May be seated. There — I think there's an exhibit in the witness stand. All right. Since I've decided that it makes more sense to do exhibits the old-fashioned way, because it's simply not working out, my suggestion is that we take what we have that have actually been introduced.

JUDGE CANNONE: Because most — I know you pre-marked nearly 600 exhibits — they have not been introduced into evidence. So we have numbers 1, 2, 3, 4, 7, 8, 9, 14, 18, and there are additional that are in the 300s and 20,000s. So what I would like to do is take all of these. And I know Madam court reporter has been great about sticking around late during the week to pre-mark things. This is more important to me: that we get the record straight from this point. I would prefer the jurors to have the exhibits in order and not have numbers 200 and 300 in where they should be 15 and 16. So what I would like you to all do is take a look at the exhibits that have actually been introduced, their prior numbers.

JUDGE CANNONE: If you have referred to them by their prior numbers, I will permit you for the rest of the trial to say "previously referred to as 308, but now exhibit 15," until you feel you don't need to do that anymore. So it means things are going to have to be renumbered. So, Madam court reporter, was there anything else we needed to discuss on this? Is there anything else you need from the lawyers? Okay. So I don't want to use your— you've got a list of everything, and Mr. McDermott got a list of everything that's been introduced. Do you need me to do this, or is this something you can all do with Madam court reporter? And I want to come out and make sure it's right. All right, so why don't you all take 10 minutes to see if you can work this through.

JUDGE CANNONE: I'll come out at the end of 10 minutes, see what you have, and we'll make sure the record's straight. Does that make sense to everybody?

JUDGE CANNONE: All right. So that — that's sort of this second point. I assume there are many, many, many pages of medical records, and one of the things I told you this morning is if records are going to be introduced subject to redactions, those redactions have to be done before they're introduced. It's going to take some time, so you have to — if you're not in agreement, then you need to tell me what you're not in agreement over, and I'll have to decide it. But they need to be redacted beforehand, just because this is a long trial. I don't want it to take any longer than it necessarily has to be, and we have to make sure all of the exhibits are in order, especially if they do end up numbering in the hundreds. So all right. So you've factored that into your schedule.

JUDGE CANNONE: We've got many days that we won't be in session — it seems like a good use of counsel's time to redact records and talk. If you need additional time and we need to cut into the evidence, I'd prefer not to, but I need to know. All right. So I have received from the Commonwealth all of the videos that I requested. I received a flash drive today. When can I get the videos? I thought I was clear yesterday. Apparently I wasn't. So when can I get all of the videos that the defendants intend to introduce?

JUDGE CANNONE: So how — you can't do it today? You can't do it before you leave? I don't think your IT person's here, right?

JUDGE CANNONE: If you can do it before you leave, if he can just download it onto a flash drive, that would be great. Do you want to go talk to him and see how long he might be able to do that?

JUDGE CANNONE: Why don't you — why don't you talk to him.

JUDGE CANNONE: That would be great. And Mr. Yannetti, yesterday you did say that you'd also give me some idea on why you think they're coming in. Okay, so if you have that, that would be great.

JUDGE CANNONE: Yes, for the rest of trial.

JUDGE CANNONE: All right, and that's what I requested from both of you. I received — Miss Gilman, tell me if I'm wrong — Mr. McDermott handed me a flash drive today that said this was all the Commonwealth's video exhibits, and that was after we met this morning, correct? MISS GILMAN: Yes. Okay. Okay. All right, so that'd be great. I just — I want to know what's on them. I was surprised yesterday and I shouldn't be surprised.

JUDGE CANNONE: All right, so I'll come out after you remark the exhibits. Do you need a break before them, Madam court reporter? Mr. McDermott? All right. Thanks.