2.Defense Exhibit Admissibility Hearing
57 linesROBERT MADSEN: Your Honor may we approach?
THE COURT: You may. (Whereupon, a bench conference was held in the presence of the jury but out of the hearing of the jury.)
THE COURT: Let's take about a 15 minute break. I was looking for an appropriate opportunity and this is the perfect time. So don't discuss the case. Have you back in here in about 15 minutes. (Whereupon, the jury was excused from open court for a break.)
(Whereupon, a short break was taken.)
SHAWN GRAHAM: Judge, I know that Mr. Jones, I mean, excuse me, Mr. Madsen just handed a bunch of photographs. We're flipping through them real quick. There are some records in there that indicate, I believe, his conviction, being on parole. So I would like somebody from the Defense to say that it's a tactical decision and they want to put that in.
RICK HUBBARD: The Defendant, himself, probably needs to say that as well, Your Honor.
BOYD YOUNG: I can say it. We are putting it in.
RICK HUBBARD: Your Honor, for PCR purposes, I'm requesting this Court to inquire of Mr. Jones if he's consulted with his attorneys and he's fine with that. This is the guilt phase.
BOYD YOUNG: It's my decision, not.
RICK HUBBARD: He won't be the lawyer in five, ten years from now.
SHAWN GRAHAM: The other similar item that would go along with those, Your Honor, is that there are two DSS safety plans that were found inside the vehicle that I was planning on introducing. It's my understanding they were planning on introducing them as well. And I guess that would be the same type of concern is if they don't have an objection and then they would want to put it in as well.
THE COURT: But if you're putting them in--
SHAWN GRAHAM: -- I was going to, but it was my understanding they were going to as well.
ROBERT MADSEN: We can have that marked as a joint exhibit.
THE COURT: Solicitor, I have a question for you on, a PCR question on the convictions. I guess I'm having a hard time drawing the line as to what decision is being made, or joint decision, what decisions are made or ones that need to be weighed personally or acknowledged by Mr. Jones, and that's kind of a broad line. I know you're asking for the PCR protection. So I guess I want to, it puts me in a difficult situation to have to do that each time. But I don't want, and I don't think that the Defense team would do anything to intentionally create a PCR issue. They shouldn't.
RICK HUBBARD: I can make it maybe a little clearer. The DSS stuff they've already gone into. That's out there. It's clear strategy and it's clear and I understand why. This is guilt phase, mentioning prior convictions from Illinois at this point. Judge, I think that typically, as you know, it does not come in. DSS, you can relate to their claim of insanity. Prior convictions a much, much grayer area. All I'm asking on that point, one point, Mr. Jones, have you talked to your lawyers. Do you agree. Are you okay with this. Then I'm fine. It can come in all day. But, Your Honor, you know how --
THE COURT: Mr. Young, why do you object to that question being asked. I mean, what's the harm to you and your client?
BOYD YOUNG: It doesn't do anything to protect for the PCR. Mr. Jones says, I'm not a lawyer, I don't know. They tell me this is what they're going to do. I trust them, they know what they're doing. That's his response. You can put that on the record but that doesn't mean I agree with their strategy or anything like that. I don't know. I'm not a lawyer. I trust my lawyers. This is what they're doing.
RICK HUBBARD: But it shows there's been a discussion. That's all I need.
THE COURT: All right. But certainly this discussion is being held in the presence of Mr. Jones right now.
RICK HUBBARD: Yes, sir.
THE COURT: So if he's not aware of it, the Court indicates by my conversations during this miniature hearing right now on that particular issue, he is aware that normally a conviction doesn't come in. But it can if he so chooses, but it's generally a Defense move.
BOYD YOUNG: We talked about it in the opening.
THE COURT: I think I remember that. I'm not saying I do definitively. But if you say you did, I trust you on that one, your mentioning of that. So it is the intent of the Defense to place the prior convictions of Mr. Jones into the record?
BOYD YOUNG: His time in prison is relevant to our defense of insanity.
THE COURT: That's good enough. All right. Are we ready for the jury?
BOYD YOUNG: Can I have one minute? I apologize. I am just going ask Ms. Jones if she can review, because I think the State's probably got a better procedure with putting all this stuff in through all this stuff and through pictures rather than physical stuff, if she had the physical stuff available. I have a jump drive that, of all of Ms. Jones' photographs. I'd like to just put in the jump drive right now. And then I will have hard copies of pictures available to put into the record tomorrow. But they would all be stuff that was just off the jump drive. Does that make sense?
THE COURT: You mean, the jump drive is a culmination of all the photographs Ms. Jones made during her --
BOYD YOUNG: Yeah. I'd just ask her to look at it and if she agrees that this is all the pictures that she took. She could just go through it real quick. I mean, she doesn't have to look at each one. She can just sort of look at it and agree that that's all the pictures that she took and then I can put that jump drive into evidence. And then I would be able to print pictures that are on the jump drive and that are already in evidence for publication. Does that make sense?
THE COURT: It does. Are those in addition to the ones, the 75 or so that have already come in?
BOYD YOUNG: Yes, sir.
COURT REPORTER: I've marked 78 Defense exhibits so far.
THE COURT: State's exhibits.
COURT REPORTER: I mean, you're talking about putting that --
THE COURT: He wants to put in a jump drive that has numerous photographs, and then individually printing off a couple of them to use.
BOYD YOUNG: Rather than me having to dig through each one of these and pull out the specific piece of paper that I'm looking for and I can just have pictures. We'll know that the specific pieces of paper are in here, and if the jury for some reason needs them we'll take them out. But we'll have, you know, the picture of each page.
COURT REPORTER: But what about the 78 I've already marked this morning on Defense? You still want those marked?
BOYD YOUNG: Yeah. We still need them into evidence and available.
THE COURT: Do you all understand his request, Mr. Graham, or Solicitor?
SHAWN GRAHAM: I guess I'm still trying to understand what --
THE COURT: What I understood him to say is he wants to mark a jump drive which has all the pictures from Ms. Jones and admit that. And then as he needs to, if he wants to highlight half a dozen in particular, he'll print those off and mark them. But it'll be a portion of that jump drive that's --
SHAWN GRAHAM: I think what we need is our witness to actually go through that jump drive --
THE COURT: He said that part of it, too. She could make sure that those are her photographs, he would agree to it. But it would be her validating her pictures.
SHAWN GRAHAM: So he just basically wants to put in every picture that she took?
THE COURT: Pretty much.
SHAWN GRAHAM: That's fine.
THE COURT: Okay. Mr. Young, we'll try that. I want her to have the opportunity to identify her jump drive and the photographs on there.
BOYD YOUNG: As I understand, she has a, you have a contact sheet of, done with all your photos?
STACY JONES: Yes, sir. I do.
BOYD YOUNG: I mean, is it okay if I approach the witness and do this outside the presence of the jury --
THE COURT: Sure.
STACY JONES: It would be 1 through 345. (Whereupon, a short break was taken while Mr. Young and the witness went over photographs on a jump drive.)
THE COURT: Defense 79 is marked for identification purposes. Any pictures which will be entered, they'll be printed off and marked separately. Ms. Jones has confirmed, Ms. Stacy Jones, Investigator, confirm those are her photographs. (Whereupon, Defendant's Exhibit number 79 was marked for identification only.)
THE COURT: Bring the jury in. (Whereupon, the jury came into open court at approximately 11:05 a.m.)
THE COURT: All right. You ready to continue, Mr. Graham?
SHAWN GRAHAM: Thank you, Your Honor.
THE COURT: Very well. CONTINUE DIRECT EXAMINATION