Craig Fiato was called as a defense witness and sworn in. The proceeding was briefly delayed while arrangements were made to bring Fiato into the courtroom and while a missing juror was located. Once the jury was complete, Fiato was administered the oath and seated on the witness stand.
# 1 (The following proceedings were held in open court:) # 2 THE COURT: All right. Mr. Shapiro, your next witness.
# 3 MR. SHAPIRO: Yes, your Honor. We call Mr. Craig Fiato. Mr. Cochran will be examining.
# 4 MR. KELBERG: Your Honor, we may need a moment.
# 6 MR. KELBERG: I believe they are trying to make arrangements to bring him down.
# 8 THE COURT: How we doing? Anybody need a break? Doing okay?
# 10 MR. KELBERG: Your Honor, could we have just a brief moment? I need to find out if somebody is actually going up.
# 11 MR. HODGMAN: Yes, it will be a couple minutes.
# 13 THE COURT: Counsel, why don't you approach without the reporter.
# 14 (A conference was held at the bench, not reported.) # 15 (The following proceedings were held in open court:) # 16 THE COURT: All right. Counsel, are we ready?
# 17 DEPUTY LONG: Excuse me, your Honor. We are missing one of our jurors.
# 18 THE COURT: All right. Mr. Fiato, why don't you have a seat there.
# 20 THE COURT: All right. Let the record reflect that we now have all our jurors. Mr. Cochran, you may call your next witness.
# 21 MR. COCHRAN: Thank you very kindly, your Honor. We will next call Mr. Craig Anthony Fiato to the stand.
# 22 THE COURT: Mr. Fiato, would you stand next to the court reporter, please.
# 23 MR. CRAIG FIATO: Right here?
# 24 THE COURT: Right there.
Craig Anthony Fiato, called as a witness by the Defendant, was sworn and testified as follows:
# 25 THE CLERK: Please raise your right hand. You do solemnly swear that the testimony you may give in the cause now pending before this court, shall be the truth, the whole truth and nothing but the truth, so help you God.
# 27 THE CLERK: Please have a seat on the witness stand and state and spell your first and last names for the record.
# 28 MR. FIATO: Craig Anthony Fiato, F-I-A-T-O.
# 29 THE COURT: Mr. Cochran.