6.Post-Opening Mistrial Motion
12 linesTHE COURT: Folks, I couldn't just say how long this would take, the lawyers would take. I planned, the lawyers did, they presented their openings to you. For planning purposes all witnesses will be here first thing in the morning so we are done for the day. We didn't do very much and hear very much. I was trying not to start at 3:00 this afternoon, not knowing exactly what was going to be presented in their openings, the amount of time. The first witnesses will be called tomorrow. That is my planning, that is what we get. What I want you to do, go back to the jury room, put your notebooks up, go home for the evening and do not talk about the case. I would like to start no later than 9:00 tomorrow, would anybody be unhappy at 8:30 or do you have -- you would be. Good enough, we will start at 9:00. That will be fine. Be in the jury room by 9:00 and I will try to start promptly at 9:00. See you in the morning. Don't talk about the case, see you in the morning. (Whereupon, the jury was excused from open court for the day.)
THE COURT: Do we need to put anything on the record before we recess for the day?
MR. YOUNG: Yes, sir.
THE COURT: Let's do it.
MR. MADSEN: Judge, we objected, we had a sidebar conference at that time. It appeared that Mr. Graham was crying, you could hear it in his voice, I believe the Court could also hear that. We objected at that time and we moved for a mistrial and we renew that objection.
THE COURT: At the sidebar, that is the substance of our conversation. Mr. Graham, remarks were he was not. This is a very emotional subject matter, I am very aware of that. The Court is looking at him, I didn't see, I didn't see tears in his eyes. I don't believe that was his intent. Despite, I agree with you the voice was shaky. There is going to be some latitude on that but respectfully I think we handled it appropriately and I sustained your objection that that wasn't allowed and I did not notice anything of the sort after that. But respectfully I am not going to grant a mistrial on that basis at this time. Anything else.
MR. HUBBARD: Your Honor, I just want to say, this is going to be very emotional. Everybody in here is a human being and if they are going to object when we hit an emotional point, even the lawyers in this case are going to be touched. We have been carrying a lot on our shoulders and in our soles.
THE COURT: On both sides.
MR. HUBBARD: And I know Your Honor understands that so, you know, if they are going to stand up every time one of us gets choked, Judge, we might as well stop right now. I know Your Honor is going to handle it well and I trust Your Honor to do that. But if it comes to that process where every time something happens, Judge, it is going to be a long, slow trial.
THE COURT: And we are going to be diligent in our efforts to present the case. I will do my best to keep everything in order. Anything else?
MR. HUBBARD: No, sir.
THE COURT: I will be here at 8:30 tomorrow to put anything on the record before we bring the jury in. I would like anything that needs to be premarked done before, Joy is always here early. I will let the jury in the courtroom at 9:00 so y'all be aware of that. Don't come in at 8:59 and say, let me mark some exhibits. Have those marked before 9:00, Joy is here without fail thirty minutes ahead of time. So fair warning. (Whereupon, the trial will resume the next morning at 8:30 a.m.)