Photographers excluded

📄 Photographers excluded — Tuesday, September 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\19\PHOTOGRAPHERS-EXCLUDED.DOC

TRIAL

▲ Day 157 of 167

◀ Motion: protective order for Fiato witnesses Direct examination of Lawrence Fiato ▶

Date: Tuesday, September 19, 1995 • Utterances: 37

Judge Ito excluded photographers and sketch artists, clarified the scope of a protective order regarding courtroom photography, and then called defense witness Lawrence Fiato to be sworn in — only to realize he had forgotten to bring the jury into the courtroom first. The witness was sworn in a second time in front of the jury.

# 1 (Brief pause.)

# 2 THE COURT:

All right. Let's exclude the photographers, please, and the sketch artists.

# 3 (All photographers and sketch artists exited the courtroom.)

# 4 THE COURT:

Let me have that camera turned around as well, please. Mr. Galbreath--there you go. Thank you.

# 5 (Brief pause.)

# 6 THE COURT:

All right. Mr. Cochran, is this your witness or Mr. Shapiro's?

# 7 MR. COCHRAN:

This will be Mr. Shapiro's witness, your Honor.

# 8 MR. KELBERG:

I think we are making arrangements to bring the witness in, your Honor.

# 9 THE COURT:

All right.

# 10 (Brief pause.)

# 11 MS. FREDERIKSEN:

Your Honor, one issue that has come up in my brief issues now with the United States Attorneys, the protective order, as written, is rather broad and could perhaps limit photographs taken outside these court proceedings and we just want to make clear--

# 12 THE COURT:

No. This order is within the confines of this particular courtroom and consistent with the supervising Judge's orders regarding photography at other parts of the courthouse.

KEY QUOTE

# 13 MS. FREDERIKSEN:

Thank you, your Honor.

# 14 THE COURT:

Thank you.

# 15 (Brief pause.)

# 16 THE COURT:

Mr. Shapiro. All right. Mr. Fiato, would you come over here and stand by the court reporter, please.

# 17 MR. WACKS:

Court reporter?

# 18 THE COURT:

Face the clerk.

Lawrence Fiato, called as a witness by the Defendant, was sworn and testified as follows:

# 19 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.

# 20 MR. WACKS:

Yes, I do.

# 21 THE COURT:

I forgot one minor detail.

KEY QUOTE

# 22 REPORTER OLSON:

The jury.

# 23 THE COURT:

Deputy Trower. I'm sorry, Mr. Fiato, we got so wound up in all of our other issues--

# 24 MR. WACKS:

You should try sitting over here.

KEY QUOTE

# 25 THE COURT:

Let's have the jurors, please.

# 26 MR. KELBERG:

Do you want Mr. Fiato to--

# 27 THE COURT:

Yes, we will swear him in front of the jury. Mr. Fiato, why don't you step down.

# 28 MR. KELBERG:

Here, your Honor?

# 29 (Brief pause.)

# 30 (The following proceedings were held in open court, in the presence of the jury:)

# 31 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. All right. Mr. Shapiro, your next witness.

# 32 MR. SHAPIRO:

Yes, we call Larry Fiato.

# 33 THE COURT:

Mrs. Robertson.

Lawrence Fiato, called as a witness by the Defendant, was sworn and testified as follows:

# 34 THE CLERK:

# 35 MR. FIATO:

I do.

# 36 THE CLERK:

Please have a seat on the witness stand and state and spell your first and last names for the record.

# 37 MR. FIATO:

Yes, I do. First name is Lawrence, L-A-W-R-E-N-C-E. Last name is Fiato, F-I-A-T-O.

Temperature

routine

Key Quotes (3)

Michael Wacks

You should try sitting over here.

Wry quip after Judge Ito apologized for forgetting to seat the jury before swearing in the witness — one of the rare moments a witness got a laugh at the judge's expense.

Lance A. Ito

I forgot one minor detail.

Understated admission that he had just sworn in a witness without the jury present, requiring the entire oath to be repeated.

Lance A. Ito

This order is within the confines of this particular courtroom and consistent with the supervising Judge's orders regarding photography at other parts of the courthouse.

Clarifies that the protective order on photography does not extend beyond the courtroom itself.

Notable Exchanges (2)

Lance A. Ito•Ms. Frederiksen

Frederiksen raised a concern that the protective order might inadvertently restrict photography outside the courtroom; Ito quickly clarified the order's scope is limited to the courtroom.

procedural

Lance A. Ito•Michael Wacks•Janet Olson

Ito swore in Lawrence Fiato without the jury present. His clerk Janet Olson pointed out 'The jury.' Ito apologized to Fiato; Fiato responded dryly, 'You should try sitting over here.' The jury was then brought in and the oath administered a second time.

light

Light Moments (1)

Michael Wacks

After Judge Ito forgot to seat the jury before swearing in the witness and apologized, Fiato deadpanned 'You should try sitting over here,' getting a rare laugh at the judge's expense.

Objections

None recorded

Proceeding 7742 • 37 utterances

Criminal Trial

Department 103