Jury entry and witness resumption

📄 Jury entry and witness resumption — Friday, March 17, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\17\JURY-ENTRY-AND-WITNESS-RESUMPT.DOC

TRIAL

▲ Day 40 of 167

◀ Jury and videotape preparation Direct examination of Det. Philip Vannatter (part 1) ▶

Date: Friday, March 17, 1995 • Utterances: 17

Judge Ito seats a replacement alternate juror (Juror No. 1290) and apologizes to the jury for the morning delay, explaining he had to review videotapes before they could be shown in court and that the aging courthouse had equipment problems. Detective Philip Vannatter resumes the witness stand for continued direct examination by Christopher Darden.

# 1 THE REPORTER:

YES.

# 2 (BRIEF PAUSE.)

# 3 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

# 4 THE COURT:

ALL RIGHT. PLEASE BE SEATED, LADIES AND GENTLEMEN. ALL RIGHT. MRS. ROBERTSON, WOULD YOU PLEASE DRAW A NUMBER FROM OUR LIST OF ALTERNATE JURORS.

# 5 THE CLERK:

JUROR NO. 1290, WILL YOU PLEASE HAVE A SEAT IN SEAT NO. 3.

# 6 THE COURT:

ALL RIGHT. GOOD MORNING, LADIES AND GENTLEMEN.

# 7 THE JURY:

GOOD MORNING.

# 8 THE COURT:

MY APOLOGIES TO YOU AGAIN. THIS IS HOW WE START OFF EVERY MORNING. MY APOLOGIES TO YOU FOR THE DELAY IN GETTING STARTED. I KNOW THAT YOU ARE AWARE THAT WE HAVE BEEN IN SESSION WITH THE LAWYERS. WE'VE HAD SOME OTHER PROBLEMS GETTING STARTED THIS MORNING, OTHER MATTERS THAT I HAVE HAD TO TAKE UP OUT OF YOUR PRESENCE. I HAVE HAD TO VIEW SOME VIDEOTAPES THAT ARE GOING TO BE SHOWN THIS MORNING BEFORE THEY ARE SHOWN TO YOU TO MAKE SURE THAT THEY ARE ACCEPTABLE, AND I APOLOGIZE TO YOU AGAIN FOR THE DELAY. DEPUTY MAGNERA HAS ALREADY PUT A CALL IN FOR THE OTHER PROBLEM THAT WE HAD BACK THERE, SO HOPEFULLY WE WON'T HAVE THAT PROBLEM AGAIN, BUT YOU HAVE TO UNDERSTAND THIS IS A 25-YEAR OLD COURT BUILDING AND WE HAVE THOSE PROBLEMS FROM TIME TO TIME. ALL RIGHT. MR. DARDEN, DO YOU WISH TO RESUME WITH YOUR DIRECT EXAMINATION OF DETECTIVE VANNATTER?

# 9 MS. CLARK:

YES, YOUR HONOR. THANK YOU.

# 10 THE COURT:

DETECTIVE, WOULD YOU RESUME THE WITNESS STAND, PLEASE.

PHILIP VANNATTER, THE WITNESS ON THE STAND AT THE TIME OF THE EVENING ADJOURNMENT, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

# 11 THE COURT:

ALL RIGHT. THE RECORD SHOULD REFLECT THAT WE HAVE BEEN REJOINED BY ALL THE MEMBERS NOW OF OUR JURY PANEL. DETECTIVE PHILIP VANNATTER IS ON THE WITNESS STAND ON DIRECT EXAMINATION BY MR. DARDEN. GOOD MORNING, DETECTIVE VANNATTER.

# 12 THE WITNESS:

GOOD MORNING, YOUR HONOR.

# 13 THE COURT:

DETECTIVE, YOU ARE REMINDED YOU ARE STILL UNDER OATH. MR. DARDEN, YOU MAY CONTINUE.

# 14 MR. DARDEN:

THANK YOU, YOUR HONOR. GOOD MORNING. GOOD MORNING, LADIES AND GENTLEMEN.

# 15 THE JURY:

GOOD MORNING.

# 16

DIRECT EXAMINATION (RESUMED)

# 17

BY MR. DARDEN:

Temperature

routine

Key Quotes (2)

Lance A. Ito

I HAVE HAD TO VIEW SOME VIDEOTAPES THAT ARE GOING TO BE SHOWN THIS MORNING BEFORE THEY ARE SHOWN TO YOU TO MAKE SURE THAT THEY ARE ACCEPTABLE

Reveals that videotape evidence was vetted by the judge before jury viewing — likely significant evidence requiring pre-screening.

Lance A. Ito

YOU HAVE TO UNDERSTAND THIS IS A 25-YEAR OLD COURT BUILDING AND WE HAVE THOSE PROBLEMS FROM TIME TO TIME

Candid acknowledgment of courthouse infrastructure issues causing delays.

Evidence (1)

Informal

Videotapes reviewed by judge prior to jury viewing

pre-screened by court, pending introduction

Objections

None recorded

Proceeding 5322 • 17 utterances

Criminal Trial

Department 103