YOUR HONOR, MAY WE JUST PUT ON THE RECORD, WE IDENTIFIED THE LAST PHOTOGRAPH SHOWN AS PEOPLE'S 35. IT WAS ACTUALLY PEOPLE'S 55, IF I COULD CORRECT THAT ON THE RECORD.
LET THE RECORD REFLECT THAT THE JURY HAS WITHDRAWN FROM THE COURTROOM AND WE ARE IN RECESS AS FAR AS THE JURY IS CONCERNED FOR THE WEEK. MR. HODGMAN, MR. BLASIER, IS THERE ANYTHING WE CAN -- WE NEED TO PUT ON THE RECORD? AND, MISS CLARK, YOU ARE GOING TO REPACKAGE THOSE ITEMS THAT YOU JUST INTRODUCED OR THAT YOU JUST IDENTIFIED?
YES. THERE IS NO ISSUE WITH RESPECT TO THAT. I JUST WANTED TO INDICATE WHICH GOES TO WHAT. THE BROWN BAG I'M HOLDING HERE --
THE BAG IS IDENTIFIED NUMBER 38 ON IT. I'M GOING TO LEAVE IT FOR MR. CLARK TO DO. IT'S IDENTIFIED WITH NUMBER 38, IS FOR THE CAP.
RIGHT. 78, WHICH IS THE CAP, IS -- GOES BACK TO 78-A AND INTO WHATEVER CONTAINER IT LIKES. THE GLOVE WAS INITIALLY IN -- THE GLOVE THAT IS 77 WAS INITIALLY IN THE BAG CONTAINED IN 77-A.
THE COURT NOTES FOR THE RECORD THAT THE AUTHORITY DEALING WITH BIOLOGICAL EVIDENCE INDICATE THAT THE PLACING IN PLASTIC CONTAINERS IS NOT THE APPROPRIATE PACKAGING MATERIAL FOR BIOLOGICAL EVIDENCE.
KEY QUOTE-- THE GLOVES, THEY BE PLACED BACK IN THE ORIGINAL PACKAGING AND THAT THE PLASTIC BAGS THAT CONTAINED EACH ITEM ALSO BE --
I HAVE HERE ALSO THE PLASTIC BAG OUT OF WHICH WE TOOK THE BAG CONTAINING THE SKI CAP. ITEM NUMBER 37 STILL CONTAINS THE SLIDES OF THE HAIR AND FIBER THAT WERE EXAMINED BY THE DEFENSE AND THE PROSECUTION. I'M GOING TO ASK LEAVE OF THE COURT TO PLACE THAT BACK IN THE MANILA ENVELOPE THAT HAS THE NUMBER 38 ON IT AND REPLACE THIS ITEM, THIS MANILA ENVELOPE BACK INTO THE BOX FROM WHICH IT WAS REMOVED.
I WOULD REQUEST THAT WE RESEAL THAT AND INITIAL IT AND DATE IT. YES. AND IF IT MIGHT BE OKAY, COULD WE JUST SHOW IT TO THE DEFENDANT?
I WOULD ASK THAT WHEN MR. CLARK REPACKAGES THE ITEMS, THAT HE CHANGES GLOVES EACH TIME AND WHEN HE HANDLES EACH ITEM.
NO OBJECTION. ALL RIGHT. NOW, IS THERE ANYTHING ELSE WE NEED TO PUT ON THE RECORD? AND, MR. BLASIER, MR. SCHECK, YOU ARE GOING TO SUBMIT TO THE COURT A REMOVAL ORDER?
THE BOX WILL BE RETURNED TO THE CLERK AFTER THE ITEMS HAVE BEEN EXHIBITED TO THE DEFENDANT AND THEN THE CLERK WILL RESEAL THE BOX.
THEY WERE ORDERED TO APPEAR IN THE SUPERVISING JUDGE'S COURTROOM. I'M GOING TO ORDER THAT MR. CLARK, MR. BLASIER, MR. SCHECK REMAIN FOR THE DNA OR BIOLOGICAL EVIDENCE MATERIALS. ANYTHING ELSE WE NEED TO TAKE UP ON THE RECORD, MR. HODGMAN? MR. DARDEN, MISS CLARK, YOU ARE EXCUSED. HAVE A GOOD WEEKEND.
WELL, WE HAVE ONE MISCELLANEOUS MATTER, YOUR HONOR, I WOULD LIKE TO BRING TO THE COURT'S ATTENTION, AND I'LL PROVIDE COUNSEL WITH SOME COPIES. AND IF I MAY, I'LL APPROACH THE CLERK WITH SOME COPIES OF AN ITEM AS WELL.
YOUR HONOR, I'VE HANDED TO THE COURT A DOCUMENT WHICH BEARS THE HEADING AMONGST OTHER THINGS, "SUBPOENA FOR APPEARANCE OF WITNESS," AND IT APPEARS TO BE ADDRESSED TO ONE -- A JILL SHIVELY, AND IN THE BOX MARKED SPECIAL INSTRUCTION TO WITNESS, ON-CALL STATUS, "KATO INVESTIGATION." I'M HERE -- THIS PARTICULAR ITEM WAS FAXED TO OUR OFFICE, AND I WANT TO TELL THIS COURT AND I WANT TO TELL ALL WHO MAY BE LISTENING THAT THIS SUBPOENA IS NOT AN OFFICIALLY AUTHORIZED SUBPOENA FROM OUR OFFICE. IT WAS NOT SENT BY OUR OFFICE. THERE IS NO SUCH KATO INVESTIGATION. THIS WAS NEVER SENT BY OUR OFFICE TO MISS SHIVELY. WE ARE CONDUCTING AN INVESTIGATION TO FIND OUT HOW IN THE WORLD SOMEONE COULD GET HOLD OF A SUBPOENA SUCH AS THIS AND APPEAR TO HAVE DOCTORED IT IN ORDER TO CREATE THE DOCUMENT BEFORE YOU. THIS WAS -- HAS BEEN BROUGHT OUT IN THE MEDIA I AM LED TO BELIEVE, AND I WANT THIS COURT TO BE AWARE THAT THIS IS NOT AN OFFICIAL DOCUMENT OF ANY SORT. IT WAS NOT ISSUED BY THIS OFFICE, AND I'M LETTING THE DEFENSE KNOW THAT AS WELL.
SO TO THE EXTENT THAT THAT IS OF CONCERN TO ANYONE, IT NEED NO LONGER BE A CONCERN. WE DO HAVE THE MATTERS REGARDING THE TRANSPORTATION. WE STILL HAVE THE MATTERS REGARDING THE MOVEMENT OF CERTAIN PROPERTY ITEMS, AND IF WE COULD APPROACH, WE WOULD BE HAPPY TO ADDRESS THAT.
I BELIEVE SO. WE CAN -- WE WOULD LIKE TO APPROACH WITH THE PEOPLE WHO HAVE BEEN IN TOUCH WITH THAT AND HANDLING THAT PARTICULAR ASPECT OF THE CASE. BUT I THINK WE CAN ASSURE THE COURT THAT SOMETHING I DESCRIBED AS BEING AKIN TO THE LOGISTICS INVOLVED BY THE NORMANDIE INVASION, APPARENTLY WE ARE LANDING -- ALL BOATS ARE LANDING AND IT APPEARS TO BE WORKING.
VERY WELL. THERE IS A MATTER THAT I NEED TO ADDRESS WITH THE COURT AND COUNSEL IN CHAMBERS WITH THE REPORTER.
ALL RIGHT. IS THERE ANYTHING ELSE WE NEED TO DO? I GUESS WE CAN DO THAT MATTER AS WELL, MR. BAILEY.
YOUR HONOR, WITH REGARD TO THE CHANGE OF EVIDENCE TO THE ORIGINAL CONTAINERS, INVESTIGATOR MIKE STEVENS HAS BEEN ASKED BY ME TO PERFORM THAT TASK.
I WILL ALLOW COUNSEL TO OBSERVE THAT WHILE WE DO THAT, ALTHOUGH MY RECOLLECTION IS, WE ARE ALSO GOING TO EXHIBIT THESE ITEMS FIRST TO THE DEFENDANT BEFORE WE REPACKAGE THEM. VERY GOOD. THEN WE'LL STAND IN RECESS, ALLOW THAT TO HAPPEN IN OPEN COURT. THEN, COUNSEL, I'M GOING TO GIVE THE COURT REPORTER A 10-MINUTE RECESS. WHEN YOU'RE DONE WITH THIS, LET ME KNOW, AND WE'LL TAKE UP THOSE OTHER MATTERS IN CHAMBERS. WE'LL STAND IN RECESS UNTIL 9:00 O'CLOCK, TUESDAY THE 21ST. THANK YOU, COUNSEL.
I AM NOT TOUCHING ANYTHING. IDENTIFYING. IDENTIFYING. RELAX, MR. SCHECK.
THIS SUBPOENA IS NOT AN OFFICIALLY AUTHORIZED SUBPOENA FROM OUR OFFICE. IT WAS NOT SENT BY OUR OFFICE. THERE IS NO SUCH KATO INVESTIGATION.
THE COURT NOTES FOR THE RECORD THAT THE AUTHORITY DEALING WITH BIOLOGICAL EVIDENCE INDICATE THAT THE PLACING IN PLASTIC CONTAINERS IS NOT THE APPROPRIATE PACKAGING MATERIAL FOR BIOLOGICAL EVIDENCE.
SOMETHING I DESCRIBED AS BEING AKIN TO THE LOGISTICS INVOLVED BY THE NORMANDIE INVASION, APPARENTLY WE ARE LANDING -- ALL BOATS ARE LANDING AND IT APPEARS TO BE WORKING.