Commonwealth v. Read — Trial ArchiveProcedural - Motions
18 linesVIDEO PLAYBACK: Thank you.
JUDGE CANNONE: Yes. All right, jurors. Um, there was some confusion with counsel regarding witnesses. Um, so those are the witnesses for today. So we're done for today. Counsel assures me that won't happen again. But more importantly, we're on track. We're on schedule, not going for the rest of the day. Won't interfere with our schedule at all. It looks like — [unintelligible] — but it looks like it's a beautiful day. You'll have a nice afternoon. Uh, tomorrow we'll be going on a view. So, for that, um, wear comfortable clothes. We'll be walking around a little bit. We'll be going by bus. And I'll have more instructions for you tomorrow morning, but please follow those instructions. Do not discuss this case with anyone. Don't do any independent research or investigation into this case.
JUDGE CANNONE: If you happen to see, hear, read anything about this case, please disregard it and let us know. And we'll see you tomorrow.
COURT OFFICER: All rise for the court, please. Close your notebooks and follow me.
JUDGE CANNONE: All right. Um, be seated. Mr. Brennan, have you had an opportunity to think about whether experts should be permitted to either be present or watch the proceeding? And I also want to know, are you expecting to put on any expert testimony tomorrow?
MR. BRENNAN: Um, Dr. Fowler will testify tomorrow. I think that should be considered expert testimony. He provides the procedures and protocol for the testing of blood serum.
JUDGE CANNONE: Okay.
MR. BRENNAN: So, I think he's technically considered an expert, although one of the briefer ones.
JUDGE CANNONE: All right. Does the defense want an expert to be able to watch that? All right. So, I know we've had a lot going on this morning. Do you want to address this tomorrow? When do you want to address whether experts should be present?
MR. JACKSON: I can address it tomorrow morning.
JUDGE CANNONE: All right, we'll do that. And have you talked about who you all mean? Like, do you all know who you want to have exempt from the sequestration order?
MR. JACKSON: We haven't gotten to that detail. I'm sure they have in mind who they want. I haven't gotten to that point yet.
JUDGE CANNONE: All right. And have that discussion so that we can present to the court tomorrow what my position is and address the court on the witnesses.
MR. JACKSON: Sure, we can do that.
JUDGE CANNONE: And then I know you said that you've got an agreement that you'll provide witnesses or a list of witnesses in advance to defense counsel, and I'm sure you'll provide witnesses in advance to Mr. Brennan. Include me on that, please. I just like to know who's coming up the next day because I have to prepare as well.
UNKNOWN: I got you.
MR. LALLY: Happy to.
JUDGE CANNONE: Thank you. Okay. All right. So, we'll see you tomorrow morning. Thank you again. All right.