www.lynnestewart.org/transcripts/020905.txt -
[Cached Version]
Published on: 2/9/2005
Last Visited: 8/1/2008
16 ROBIN BAKER
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17 MS. BAKER: Your Honor, it's going to take a couple of
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15 MS. BAKER: As to the additional trial transcript 16 pages that the jury has now requested, they indicated 17 uncertainty in their note as to whether they were given those 18 pages before.
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10 MS. BAKER: Once the laptop gets here, it will be very
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25 MS. BAKER: We're looking into that right now, your
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8 MS. BAKER: But here there may be another conversation
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22 MS. BAKER: Your Honor, those four exhibits are the 23 excerpted DVDs of portions of the May 2000 prison visit.So if
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2 MS. BAKER: Those are somewhat lengthy.I mean, I
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9 MS. BAKER: Your Honor, the jury earlier in the course 10 of its deliberations has been given transcripts of the prison
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19 Ms. Baker for a moment?
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22 MS. BAKER: Your Honor, for the five trial transcript
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5 MS. BAKER: These are fine and are ready to go to the
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16 MS. BAKER: Should I continue or should I -- 17 THE COURT: No, it's all right.I'll just retrieve it 18 from LiveNote. 19 MS. BAKER: 2663, which is the second exhibit that the 20 jury requested in that note, is -- 21 THE COURT: Hold on.Could you write out the 22 instructions so that -- 23 MS. BAKER: Yes, your Honor, I will.Should I
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4 MS. BAKER: I will do that, your Honor. 5 There are two other items in that same note, the note 6 marked as Court Exhibit 150, as to which there's a point that I 7 need to raise with the Court other than a limiting instruction. 8 THE COURT: Sure. 9 MS. BAKER: And that is 2663, which is the second
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17 MS. BAKER: That's certainly fine with the government.
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21 MS. BAKER: I know from the number that it is an
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1 MS. BAKER: Your Honor, we do have a color photocopy 2 here, which could be provided to the jury.
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12 MS. BAKER: As to the jury's request for 508T, 508 was 13 an Arabic-language news article.
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22 MS. BAKER: 508T is one of three pieces of the 23 translation.And then -- 24 THE COURT: Pieces of a translation of -- 25 MS. BAKER: Of an Arabic-language news article that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
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10 MS. BAKER: Your Honor, Mr. Tigar's recitation of the
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15 MS. BAKER: Your Honor, as to the jury's request
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22 MS. BAKER: Your Honor, just to remind the Court and
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22 MS. BAKER: Your Honor, should I move on to another 23 item or give your Honor time to continue dealing with this one? 24 THE COURT: Can I see the three, 508T2 and T3. 25 MS. BAKER: I'm going to hand them to Mr. Fletcher.
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13 MS. BAKER: Your Honor, I'm in the process of writing
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16 MS. BAKER: But that's just not true, because 1167X
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22 MS. BAKER: Your Honor, the jury has made a specific 23 request.They're asking for certain evidence to be identified 24 to them.
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3 Just so the Court is aware, the two exhibits Ms. Baker
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12 MS. BAKER: Your Honor, I don't have the jury's note 13 in front of me to know the particular word -- 14 THE COURT: I don't either.Where is the note? 15 MS. BAKER: But the government's position is whatever
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1 MS. BAKER: That's not true.
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4 MS. BAKER: Yes.
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2 MS. BAKER: Yes, your Honor.
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4 MS. BAKER: I've just handed defense counsel the
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17 with Ms. Baker on the limiting instructions. 18 THE COURT: Sure.The first paragraph of the note
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2 MS. BAKER: Yes, your Honor. 3 THE COURT: Do you have the limiting instructions yet 4 or no? 5 MS. BAKER: We're just conferring about it. 6 (Pause) 7 MS. BAKER: All right.We have reached agreement 8 about it.
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25 MS. BAKER: Yes, that's correct.
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3 MS. BAKER: Your Honor, my recollection of the way
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5 MS. BAKER: Your Honor, we disagree with defense
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9 MS. BAKER: Your Honor, also, if the jurors wish to
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7 MS. BAKER: Your Honor, the two situations are 8 distinguishable.
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10 MS. BAKER: Your Honor, we have no objection to the
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16 MS. BAKER: Also, I mean, there is the issue -- the
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24 MS. BAKER: And now defense counsel is proposing that
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7 MS. BAKER: 1710X corresponds to the DVDs 1710CX1 and 8 1710CX2.The transcript 1711X corresponds to the DVDs 1711CX1 9 and 1711CX2. 10 THE COURT: And they have 1710X but not 1711X? 11 MS. BAKER: Correct. 12 Your Honor, if the Court is going to be providing the
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23 MS. BAKER: Your Honor, the government has already
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1 MS. BAKER: Given the Court's rulings on the
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15 MS. BAKER: Your Honor, defense counsel just handed 16 back Government Exhibit 1711X.And I'm handing it to
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24 MS. BAKER: Your Honor, the government doesn't need to
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6 MS. BAKER: Your Honor, the government has not
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12 MS. BAKER: Your Honor, we have reviewed it and they
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3 MS. BAKER: Your Honor, as to the exhibits requested 4 in Court Exhibit 153, Government Exhibit 17 --
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Go ahead, Ms. Baker. 10 MS. BAKER: Government Exhibit 1730 -- 11 THE COURT: I'm sorry.
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16 MS. BAKER: Government Exhibit 1730 is a CD that
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23 MS. BAKER: Prison calls.
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2 MS. BAKER: Your Honor, there are limiting 3 instructions for two of the exhibits.Does the Court need me 4 to write them out? 5 THE COURT: I think it will be okay if you just read 6 them, if you like.LiveNote is working. 7 MS. BAKER: Government Exhibit 1054X is not subject to
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18 MS. BAKER: Your Honor, in accordance with the jury's
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3 MS. BAKER: Your Honor, we agree with that.
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20 MS. BAKER: Your Honor, we would ask that the Court
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16 MS. BAKER: Your Honor, we object to the jurors being 17 referred back to the Court's previous notes.
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10 MS. BAKER: As Court I'm sure will recall, there was a
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10 MS. BAKER: It is with the government, your Honor.
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24 MS. BAKER: Your Honor, the problem with doing that
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Ms. Baker? 9 MS. BAKER: If I might just have a minute, your Honor. 10 (Pause) 11 MS. BAKER: Your Honor, we would ask you to leave the 12 note as it is currently written.
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15 MS. BAKER: Your Honor, the Court -- as you have the
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4 MS. BAKER: Your Honor, just a very technical matter.
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7 MS. BAKER: Your Honor, that was my fault for speaking 8 before I had looked back at your Honor's jury instructions that
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19 MS. BAKER: Your Honor, that would be fine with us,
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5 MS. BAKER: Yes, your Honor.
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17 MS. SHELLOW-LAVINE: Your Honor, Ms. Baker and I have
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24 MS. BAKER: Your Honor, is there any way for it to be
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12 MS. BAKER: Your Honor, the two days of redacted trial