Commonwealth v. Read — Trial ArchiveProcedural - Motions
49 linesJUDGE CANNONE: Is there an objection? Subject to us discussing it, Mr. Jackson.
PARENTHETICAL: [gap — approximately 26 minutes, no transcript content]
JUDGE CANNONE: Is there anything in this PowerPoint by way of videos that is not already in through Dr. Wolfe?
MR. BRENNAN: Sure.
JUDGE CANNONE: Subject to me taking a look at it and us discussing it. It's not coming in right now.
JUDGE CANNONE: Okay. They've been marked for ident. I'm going to see counsel for a couple minutes over here. Jurors, for the day. Um, we will see you tomorrow morning. Those same cautions — please do not discuss this case with anyone. Don't do any independent research or investigation into this case. If you happen to see, hear, or read anything about this case, please disregard it and let us know. We'll see you tomorrow morning.
COURT OFFICER: You may be seated.
JUDGE CANNONE: All right. So, Mr. Brennan, I'm going to take a recess. You go ahead and look at that PowerPoint. I'll come back out in 10 minutes regarding the PowerPoint. All right. All right. So, I had a minute to look at the PowerPoint. Are you in agreement on the PowerPoint?
MR. BRENNAN: We're not. I do not want to admit it. I don't think it's substantive evidence.
JUDGE CANNONE: Okay, Mr. Jackson, which was not objected to, right? But did he object to the PowerPoint coming in? [unintelligible]
MR. JACKSON: I believe the video of — I believe the video of the drop test — there are — most of the videos are included. Oh, no, I'm wrong. So, there — the videos are the same, but the videos that Dr. Rentschler used — because of the side of the case that he was handling, the biomechanics side of the case that he was handling — slowed down significantly to show the deformation of the arm, the force impact on the elbow, the hand, forearm — he testified to. So, what he did — I remember asking him this before I ever saw the PowerPoint — is there going to be anything different? He said, I use the slow motion cameras more than Dr. Wolfe.
JUDGE CANNONE: Okay. So, I need you to tell me tomorrow which slides specifically answer that question for me. Okay. Whether they're in evidence or not, and which ones are not regarding the videos. Maybe I'm going to take a look at it. There's an objection before me now, so I have to rule on the objection. So, I will take a look at this. Okay. So, if you let me know — and if you want to let me know tonight, I can let you know first thing tomorrow morning. All right. Have you heard it briefly?
MR. BRENNAN: Yes. Heard it briefly. Yes. I am objecting. It's not admissible. It's [unintelligible]. It's a strategic decision. The past introductions have been strategic. The defense did not object to Dr. Welcher. I did not object to Dr. Wolfe, but that was a strategic decision. I'm objecting.
JUDGE CANNONE: Okay.
MR. BRENNAN: The defense objected to Shanon Burgess. Only a select amount of documents were allowed. I wanted the whole thing in. I was overruled properly because it was objected. I objected. Okay. They objected to certain slides. We took out the slides. They had an objection to the PowerPoint. They should have that objection before displaying the entire PowerPoint. I mean, it's tactical. It's not strategic. It's tact. They just don't like it because it speaks to the case. If they didn't want to claim
MR. JACKSON: Certain things before the jury — which is exactly what admitting into evidence does, brings the jury so that they can see it — they should have objected in a timely manner. When they objected, they chose certain slides, certain data on certain slides, and we took all of that out at their request and at the court's instruction. We did that with the court's instruction, with Judge Cannone's instruction, and there was no objection to playing, given the fact that it's been in — not in part — in, as it should be admitted. Okay. Just like Shanon Burgess — no different.
JUDGE CANNONE: All right. Um, evidence. So, Mr. Jackson, when you let us know which slides answer my question about slides that are not in evidence and you want to put in evidence — the videos, just the videos — let me know that. Um, and if need be, I'll hear you all on this tomorrow morning as well. Okay. All right. Is that it for today? Will we see everybody just tomorrow morning?
MR. BRENNAN: What else do — Mr. Jackson — after the defendant rests, we will not be calling any witness, putting on any further evidence.
JUDGE CANNONE: Okay. All right.
MR. YANNETTI: Um, your honor, it's late in the day. We would like to renew our motion for required finding on all evidence. Um, it won't be a lengthy argument, but I'm happy to be heard on that in the morning.
JUDGE CANNONE: Okay. Is that all we have left now?
MR. JACKSON: I have no idea what Mr. Alessi wants to talk about, but
MR. ALESSI: I'd like to respond to that, your honor. And the answer is, given Mr. Brennan's answer — with no more witnesses — my issue is moot.
JUDGE CANNONE: Okay, great. So, the technical thing is we need to move in the three items of evidence, documents associated with the sweatshirt. I think they've been marked for identification.
MR. JACKSON: No, they were marked as evidence, right?
JUDGE CANNONE: They're marked as exhibits. Yeah, they're exhibits. But no, they're coming into evidence.
MR. BRENNAN: Your honor, I thought they were marked as identification, not evidence.
JUDGE CANNONE: They're evidence — identification. So, I need to find that. It would be my intention that they get put into evidence. I'm not going to display them and bring a jury in just to see those at this point.
MR. JACKSON: Okay. As long as they're in evidence for use in argument. Then, if I can, for clarity, your honor — there — exhibits — I have Y. So, that's not an exhibit, Mr. Jackson. Let's see — if that's how it's marked, that's identification. I have a different parlance. Yes, it's Y, Z, AA, AB. So that means that —
JUDGE CANNONE: All right. So, that's for identification. Letters are identification. Numbers are exhibits.
MR. BRENNAN: Your honor, I understand that we all know what we're talking about. And your honor agreed that they're going to be in evidence, right? So —
JUDGE CANNONE: And I've ruled that they're in evidence. I just need to know for this record whether they're in evidence or not. What you tell me — you just told me they're in evidence.
MR. JACKSON: They're not. They're exhibits. They're identification. Now, they will become exhibits.
JUDGE CANNONE: Can we do that now? Do we have them? Where are they? Oh, Jim, they're in there. Okay.
MR. BRENNAN: And your honor, my whole point in wanting to be heard is that they're not in evidence and I want to make sure they get admitted. That's my point. What number are we at, madam court reporter? COURT REPORTER: 230.
JUDGE CANNONE: Okay. And we'll do A, B, C, D. So, is it Y, Z, AA, and AB? I think I have — I don't think I have — counsel, I'm not sure I have those. Um, all right. So, we will make — so, as of now, they're in evidence. Tomorrow, we need to physically put the sticker on those. Yes. 230 A through C — 230 C. All right. It comes out at four — four of them — A through D. Just saying different things: for identification as triple Y, triple Z, quadruple A, and quadruple B. Okay. And all I need to do is figure out which one is which in terms of marking. So, we do that. We will do that first thing tomorrow morning. That's right. Um, we will — so, everyone is in agreement — then I will let you have tomorrow without the jury. We'll have our charge conference here in person.
JUDGE CANNONE: Then I'll give you the rest of the day to get your closing arguments ready. I'm imagining that you don't want to argue tomorrow morning at 9:00. Is that fair?
MR. JACKSON: That's fair.
JUDGE CANNONE: Mr. Brennan, are you in agreement?
MR. BRENNAN: I'm not interested in tomorrow.
JUDGE CANNONE: Okay. All right. So, we'll give you tomorrow. We'll have a charge conference tomorrow. I'm going to ask the court officers to call the jurors tonight as soon as possible. This is great that you did it. I was going to give you until 7:00 tonight. But if you're certain, then the court officers will call the jurors now and let them know they don't have to come in tomorrow. And then when they come in Friday morning at 9:00, we'll do arguments and charge. Tomorrow morning will be the charge conference. Since we don't have jurors, do you all want to come in at 10:00 instead of 9:00? Does that work for the Commonwealth as well?
MR. BRENNAN: Yes.
JUDGE CANNONE: Okay. So, I'll see everybody tomorrow morning at 10:00 for the charge conference. Do you have them now, Jim? JIM: I do, Judge. And just for the record, Y, Z, AA, and BB are 230 A through D. If you want to look in the same corresponding order so you know what they are, Mr. Jackson, in order.
MR. JACKSON: Okay. 230. JIM: 230. Thank you. I only had a question regarding the parameters for the argument. The last trial was relegated to one hour. I would ask for more.
JUDGE CANNONE: No, I got it. But yeah, you can go.
MR. JACKSON: I ask for an hour and a half for final summation.
JUDGE CANNONE: The length of the case only allows an hour. You might get an hour and 15 minutes. Give me time. Let me see. An hour. Let me see. You would not have got an hour and a half by asking. Mr. Brennan, what are you looking for? Do you want the same?
MR. BRENNAN: I don't have a position. I'll take whatever the Court sets.
JUDGE CANNONE: Let me think about it. All right. So, we will see. Thank you. All right. So, see everybody at 10:00 tomorrow morning. Is there anything else we need to discuss? Oh, thank you. All right. We'll see you tomorrow morning. All right. Call, please. Goodbye.