Commonwealth v. Read — Trial ArchiveProcedural - Motions
86 linesJUDGE CANNONE: All right. So — can you argue the Commonwealth motion that I received this morning regarding Dr. Rentschler?
MR. JACKSON: Can we just do that now?
JUDGE CANNONE: Okay.
MR. JACKSON: Sorry.
JUDGE CANNONE: No, that's fine. So we'll do that first thing at 9:00 tomorrow morning. The basis of the Commonwealth — I've read the motion. I think the motion is clear. I'll hear you both tomorrow on it. All right. And you'll take care of the photographs, whatever photographs in her report you intend to put in.
MR. JACKSON: Hasn't been made yet, but it seemed like the court was leaning toward not allowing any text on the photographs.
JUDGE CANNONE: So that was just a quick review. I had not really — I just read the text part for the arguments that were brought up today. I wasn't anticipating everything that we heard today on this, so it took a while. I did not get to look at specifically those. But to the extent that it's hearsay or that it considers anything about dogs, clearly the dog things that have been excluded have to come out of the photographs. All right. The other photos — I think those have been shown, and I know the [unintelligible: "Wasnooki"] spots one is in evidence. The brain photographs are not coming in — the brain photographs that are different from what's already in — the brain photographs in her report. The line is a bigger issue, and some photographs probably.
JUDGE CANNONE: So, tell me what you think is more of an issue — more of what you want.
MR. JACKSON: So I don't think the photographs on pages four or five — they don't add anything and they are extremely inflammatory. I'm not looking to
JUDGE CANNONE: All right. The photos on page six, I believe, are already in evidence. So this is a machine, right? Just a textbook photo of a Lucas machine, correct? Is there an objection to that, Mr. Brennan?
MR. BRENNAN: No, thank you.
JUDGE CANNONE: Okay. So do you want all of that in, or just the photograph that's got color to it?
MR. JACKSON: I'd actually like [unintelligible: "allain"] that effect.
JUDGE CANNONE: Okay. I think these are all evidence, but I would like this particular one. Hold on one second. Okay. So one is in — point number one — that was in evidence, and those two photographs — this is all for number one. These are all closeups of the same photo that is already in evidence.
MR. JACKSON: So I'd like to use this because it speaks to her evaluation of these particular—
JUDGE CANNONE: All right. How does she know it's blood staining on the fabric around the puncture? I'm just curious — the blood stain on fabric around the puncture.
MR. JACKSON: Yes, she's getting that from the lab. They test it.
JUDGE CANNONE: Okay. I don't recall testimony regarding— Doesn't mean it didn't happen. I just don't recall it. So I just need to know the source. All right. Okay. Uh, 13A and 13B.
MR. JACKSON: Yes. Yep.
JUDGE CANNONE: So, 13B is out because of the dog bite. Let me see. All right. So, if we keep out the blood staining, Mr. Brennan, is there an objection? Oh, puncture. What's the objection for the Commonwealth on 13A?
UNKNOWN: Outward — is that her opinion of what it looks like?
UNKNOWN: Page five. Page five. It shows the cross-section. That's what I was saying. I didn't see how that was coming. I certainly don't want the one in — this is — I disagree. But um, why does she have to use this photograph?
UNKNOWN: I didn't put it in during that conversation. Okay. There's no contention that coup contra coup is the cause of the brain injury.
UNKNOWN: Correct. There is contention — the contra—
MR. BRENNAN: I have no issue with it coming out.
JUDGE CANNONE: Okay. So we're going to have to see if she's qualified to do that, to testify to that. All right. What's the next page in the report? What page?
MR. JACKSON: Yes, that is the — I don't think there's any — I thought that's what Dr. Wolfe testified to.
MR. BRENNAN: No, consistent.
JUDGE CANNONE: I don't think there's any disagreement. So I don't know why we need this photograph, because this shows — at least this shows of the brain — which talks about whether or not he's immediately incapacitated or not.
MR. JACKSON: Okay. No, I understand that's an issue.
UNKNOWN: I recall it was up and I usually don't put up chalks, but okay. Excuse me, Mr. Alessi. Say it again. There's only one person who can talk at a time.
UNKNOWN: Yes, your honor.
UNKNOWN: Okay. So, if it's marked as an exhibit, it means it's in evidence for identification. I'm told it's — I think it's an exhibit. We can find out if it's an exhibit. Everybody's fine with it. It's 164, I think. We'll know. Okay. What are those?
UNKNOWN: These two photographs.
MR. BRENNAN: Okay. It is an issue.
MR. JACKSON: Yeah.
JUDGE CANNONE: Okay. What else? Mr. Jackson, I think you've seen this figure.
MR. JACKSON: Yeah, I think that's already in evidence, isn't it?
JUDGE CANNONE: It is, but that's not the — not the —
MR. LALLY: I'm told it's exhibit 164.
JUDGE CANNONE: And my understanding is — is it marked as an exhibit only? It was used as not evidence.
MR. JACKSON: All right. So, we'll have to see what's in and what's not. I'm just trying to make the best use of the time here.
JUDGE CANNONE: So you're saying nine in evidence — or nine on the form — nine — and is there an objection to these, Mr. Brennan, going to the Lucas compression device on someone who's not John O'Keefe, and then this is on Mr. O'Keefe?
MR. BRENNAN: Oh, okay.
JUDGE CANNONE: So, those will come in. That's it. Okay. All right. How much longer — and I'm not curbing you in any way — how much longer do you think? It seems like after the very lengthy qualifications, we're now moving along quicker with Dr. Laposata.
MR. JACKSON: I would guess I probably —
JUDGE CANNONE: Okay. Any idea, Mr. Brennan?
MR. BRENNAN: I guess it'll probably be about a half hour.
JUDGE CANNONE: Okay. So, we should finish with Dr. Laposata's testimony either by the morning break or shortly thereafter. So we'll discuss Dr. Rentschler's testimony, the objections to it. Um, why don't you just tell me briefly, Mr. Brennan, what the objections are.
MR. BRENNAN: There are a number of slides that attempt to frame what the contested issues are of the case in the proper opinions. It assumes facts not in evidence and is properly summarized in overall position. There are a number of slides that uh provide credibility determinations about Dr. Welcher, and there are a number of slides that summarize uh opinions by this expert. So the improper summaries, the credibility determinations, um trying to frame issues to the jury — none of that should be admissible as part of the PowerPoint, and we've articulated each and what our objections are for each slide that we have any objection. There's quite a few.
JUDGE CANNONE: All right. So, I'll look through that tonight. But the same restrictions will be — you don't criticize the person, it's the data, what you saw, what you didn't see. So, if it's different than that in the slides, it's going to have to come out.
MR. BRENNAN: I just haven't —
JUDGE CANNONE: Yeah.
MR. BRENNAN: No, I understand. I haven't read it either.
JUDGE CANNONE: Okay.
MR. JACKSON: Four documents. These are documents that are attended to Dr. — and conclusions concerning the um the dog bites. Okay. So, I'd like to have those identified in the record.
JUDGE CANNONE: Yes. So, we'll make that part of the record. Um, I need a clean copy of Dr. Laposata's report and her resume for the same purpose — and resume.
MR. JACKSON: Yes. I'll have those two.
JUDGE CANNONE: Okay. Just finally, the redacted version of the 34 is not marked. Could I have that marked as an exhibit? Okay, there was no objection, Mr. Brennan. Why don't we do that right now? 224. So, I would like us to be as efficient for these jurors as possible tomorrow. Um, I'm not suggesting that today was a waste of time. Everything we did was important, but it's very difficult for the jurors to spend so much time back there. Uh, it seems that they're just about ready to get this case, and everything that we hear now is very important. So, um, I don't think anybody wants the jurors to tune out at this point, so let's try and keep things moving along. Uh, Mr. Jackson, how long do you expect to be with Dr. Rentschler?
MR. JACKSON: Hour and a half. Two hours. I'm being corrected. Three hours. She has a better pace than I do. I don't watch my watch — but maybe it's going to be a whole thing. I mean, between us.
JUDGE CANNONE: All right. So, I told you all the other day I thought I might be in a position to regret giving you last Thursday off, and that's where we're at. So, um, let's be as efficient as we can possibly be.
MR. JACKSON: Promise you we are.
JUDGE CANNONE: I understand. All right. Okay. So, Mr. Jackson, do you expect that Dr. Rentschler will be the last witness that you call?
MR. JACKSON: Okay.
JUDGE CANNONE: Uh, on rebuttal, any idea how long that will be, Mr. Brennan?
MR. BRENNAN: Like two to three hours.
JUDGE CANNONE: Okay. All right. That would be for everything, including Dr. Rentschler, Dr. Welcher — Dr. Welcher and then the DNA, all those witnesses. Um, it should be done in less than an hour. All right. So, will Dr. Welcher be called after the DNA people?
MR. BRENNAN: Trying to schedule that. I expect to call them last, but it all depends on when we get the DNA people. And Dr. Welcher will be here tomorrow or tonight, so he'll be here. So, what is — if they're available, I'd like to get the DNA first. But we haven't had confirmation on this.
JUDGE CANNONE: All right. Because I told Mr. Alessi that he could excuse himself from this testimony if there were other witnesses first, so that he can prepare once he gets the um discovery from Dr. Welcher.
MR. LALLY: Um, thank you, your honor.
MR. JACKSON: Um, could we understand from the Commonwealth the names of the rebuttal witnesses we're talking about?
JUDGE CANNONE: They were in the motion, right? The — Well, we heard some different things — that something happened with Dr. Laposata, they were going to be different. We heard that.
MR. JACKSON: Okay.
JUDGE CANNONE: So, the motion that I allowed was Miss Kun. Um, I believe Dr. Gillespie's name was in there. Hartnett — and Miss Hartnett. Okay. So, that's the scope — Dr. Welcher — the scope of the rebuttal witnesses. Yes, I allowed the motion. Mr. Brennan says he's not calling Dr. Gillespie.
MR. BRENNAN: Mr. Gillespie. Right.
UNKNOWN: Right. Okay. And we'll use a full day — as much of it as we can.
UNKNOWN: Yes. Yes. Yes, sir. Okay. All right. Thank you. All right, for the court, please.
JUDGE CANNONE: Okay. Nor Dr. Crosby. Or Dr. Crosby.
MR. BRENNAN: Um, right. That's what I think.
JUDGE CANNONE: Sorry. I know. I know. It's important to know. You're not calling their dog expert or your own.
MR. BRENNAN: Correct.
JUDGE CANNONE: Not calling Dr. —
MR. JACKSON: Okay. The other item, your honor — I want to alert you to — we will come tomorrow with a suggestion with regard to the curative instruction that was uh given to the court today. Um, we were going to — it has to be heard on that and we didn't, you know — so we're going to come with that — what
JUDGE CANNONE: happened — it was discussed before, I'm not so sure. Um, you asked me to change it — was my recollection, Mr. —
MR. JACKSON: We've looked at it at lunch, your honor. Appreciate the opportunity to confer with you on that.
JUDGE CANNONE: Don't want to keep the staff later today. And I don't want to keep the jury waiting. So file something with me and I'll take a look at it. All right. All right. So that's it. We expect to be ready to go when the jury's here tomorrow morning. Probably no later than 9:15, 9:20.