6.Penalty-Phase Scheduling and Motions Hearing
22 linesTHE COURT: Your post-verdict motions have been made. Do we need to put anything else on the record right now other than what we have?
RICK HUBBARD: I don't think so, Your Honor. I don't know if you want to take up any scheduling stuff.
THE COURT: We start back Thursday morning. The State's going to go first. Their mitigation evidence will be coming in behind that. Any estimates on time other than what I've already been told. They should coordinate pretty close to what I was told as to the availabiity of some of the experts. We'll try to work as best we can to get everything scheduled in.
RICK HUBBARD: I don't know, there may be some photos and things that we need to take up maybe tomorrow while we're down.
THE COURT: Yeah, if they want to take up any photos maybe tomorrow afternoon before we get here Thursday morning, would that be helpful?
BOYD YOUNG: I'll be happy to. We also have some motions that need to be argued.
THE COURT: Y'all want to do it in the morning or late morning?
RICK HUBBARD: About how late morning, Judge.
THE COURT: Say 11:00 o'clock, is that late enough?
RICK HUBBARD: Yes, sir.
BOYD YOUNG: Our preference would be to take those up Thursday morning.
THE COURT: I don't want to take them up Thursday morning and take my jury's time. I don't want to do that. Let's do them tomorrow while we've got down time. We're imposing on this jury enough. I mean, why Thursday, other than it's Thursday?
BOYD YOUNG: Just because we need the 24 hours to get ready.
RICK HUBBARD: Actually, Your Honor is giving us a little more than 24.
THE COURT: I mean, it's 2:30 now. Are these motions going to take longer than an hour?
BOYD YOUNG: No, sir.
RICK HUBBARD: Fine with me tomorrow afternoon.
THE COURT: Y'all want to meet tomorrow afternoon at 2:00 o'clock or 2:30 to give you the whole 24?
BOYD YOUNG: Yes, sir.
THE COURT: Okay. Do that. Be here at 2:30.
BOYD YOUNG: Yes, sir.
THE COURT: I didn't think about that reason, but it's certainly a valid basis. Everybody is down and rested. See y'all tomorrow back here at 2:30. (Whereupon, the trial will resume the next day at 2:30 p.m.)