Procedural - Exhibits

JUDGE CANNONE: I think there is an exhibit on the witness stand. All right. Since because 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 will take what we have that have actually been introduced because most -- I know you premarked nearly 600 exhibits. They have not been introduced into evidence. So we have numbers one, two, three, four, seven, eight, nine, 14, 18, and there are additional that are in the 300s and 200s. So what I would like to do is take all of these -- and I know Madam Court Reporter has been great sticking around late during the week to premark 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. 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 that things are going to have to be renumbered. So Madam Court Reporter, is there anything else we need to discuss or anything else you need from the lawyers?

JUDGE CANNONE: You've got a list of everything - - 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. I'll come out at the end of 10 minutes to see what you have and we will make sure the record is clear. Does that make sense to everybody?

JUDGE CANNONE: All right. So that's sort of the 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 are introduced. It's going to take some time. So you have to be -- 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. All right? So factor that into your schedule. 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, you 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 defendant intends to introduce? I had hoped to look at them over the weekend.

JUDGE CANNONE: So you can't do it today? You can't do it before you leave? Your IT guy --

JUDGE CANNONE: If you can do it before you leave, if you can just download it onto a flash drive, that would be -- do you want to go talk to him?

JUDGE CANNONE: 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 are coming in.

JUDGE CANNONE: Okay. So if you have that, that would be great.

JUDGE CANNONE: All right.

JUDGE CANNONE: Yes.

JUDGE CANNONE: Yes.

JUDGE CANNONE: All right. And that is what I requested from both of you. I received -- Ms. Gilman, tell me if I'm wrong, but Mr. McDermott handed me a flash drive today that said this was all the Commonwealth's video exhibits.

JUDGE CANNONE: All right. So that will be great. I want to know what's on them. I was surprised yesterday, and I shouldn't be surprised.

JUDGE CANNONE: Okay. So I'll come out after you remark the exhibits. Do you need a break before that, Madam Court Reporter?

JUDGE CANNONE: All right. So I appreciate counsel staying and straightening this out and I appreciate the support from the clerk's office and Madam Court Reporter. So previously marked Exhibits 1 through 6 that were all entered on 4/29 will remain as Exhibits through 6. Are you in agreement with that, Mr. Lally?

JUDGE CANNONE: Are you in agreement with that, Ms. Little?

JUDGE CANNONE: Previously marked, and I'm not going to go through the dates that they were previously entered, though I have those. But previously marked Exhibit 8 is now Exhibit 7. Exhibit 9 is now Exhibit 8. Exhibit 14 is now Exhibit 9. And those were previously marked with the dates they were entered. I have 4/29. And they will have today's date on them because we are remarking them today just to keep all the exhibits close together. Eighteen is now 10. Twenty-four, I know you all agree is in evidence and is now 11. I did not have it as being introduced into evidence. But, if that's your agreement and understanding, I will do that today. So 24 will now be marked as Exhibit 11. Twenty-five is Exhibit 12. Twenty-six. Again, I don't have it down as being admitted. I will let it in because you are in agreement. For today's purposes, I will. It's now 13. That is a USB drive. What is it a USB drive of, previously marked 26?

JUDGE CANNONE: So there was one of those that is not in evidence and I'm not letting in evidence. So are these two different ones of the same thing?

JUDGE CANNONE: I was provided with both?

JUDGE CANNONE: Okay. All right. So let's hold off on 26, and I'd like the opportunity to look at it.

JUDGE CANNONE: Sure. I think Mr. Lally just Said it, but go ahead Ms. Little. What's the description?

JUDGE CANNONE: Okay. Thank you. I will look at those. I know you provided me those this morning. All right. Twenty-five is now 12. I'm sorry. I just did that, right?

JUDGE CANNONE: And 26, that's what we just did. Twenty-seven is now 14.

JUDGE CANNONE: Yes. I'm looking at both 24 and 26.

JUDGE CANNONE: 160 is now 15. 379 has been marked as 16. That's a place holder. Mr. Yannetti asked me to take that de bene. That's not yet in evidence. So if it comes into evidence, we will keep it as No. 16. If it doesn't come into evidence, we will go without a No. 16. 380 is the flash drive that I believe that Mr. Yannetti put in yesterday. That's now 17. 381 is a photograph. That's now 18. 382, the autopsy photograph of Mr. O'Keefe's arm, is now 19, and 383 is the report of Firefighter Becker and is now 20. So is the Commonwealth in agreement with everything that I just listed?

JUDGE CANNONE: And is the defense in agreement with everything I just listed?

JUDGE CANNONE: Okay. Great. So they will have today's dates marked, even though some of them were admitted on the 29th, 30th and the 2nd.

JUDGE CANNONE: Yes?

JUDGE CANNONE: Okay. So we need the actual flash drive.

JUDGE CANNONE: All right. So you need that for Monday morning.

JUDGE CANNONE: What is it?

JUDGE CANNONE: Oh, okay. This is the state police barracks.

JUDGE CANNONE: Okay. So you need another copy unless I have one somewhere.

JUDGE CANNONE: Maybe Ms. Gilman should just do it.

JUDGE CANNONE: All right. We will have that for you first thing Monday morning. Anything else we need to discuss?

JUDGE CANNONE: Yes. The defendant wants to introduce the evidence against Sergeant Lank, and I said we'd have a voir dire. We will have a voir dire.

JUDGE CANNONE: All right. Thank you very much.