10.Photograph Evidence Ruling
54 linesSUZANNE MAYES: That would be the extent of the testimony on the photographs. Now, they have seen the photographs and we would be offering them as well. I believe originally there was no objection.
ROBERT MADSEN: Judge, we believe under State vs. Stone that that is not appropriate.
THE COURT: Maybe I missed it. I didn't see that Stone. Point me out -- Stone is very long. I was reading the failure to object portions of it, but is it somewhere else, also?
ROBERT MADSEN: Judge, if you go to 385, almost to 386. And then the paragraph before 386 starts, "on the other hand".
THE COURT: This is different. Both these cases, both Bixby and Stone involve victims of police officers, correct?
ROBERT MADSEN: Yes, sir.
THE COURT: So that makes it kind of similar. And these being children -- and this paragraph you're talking about was golf tournament was made to be a fund raiser and what they're using the fund raiser for as opposed to a mural of five kids.
ROBERT MADSEN: She started off talking about fund raising, community.
THE COURT: I thought she was talking about how it got paid for by a grant from Lexington School One that she described for the, something. And schools are all the time looking for money, but there's a source of funds for -- as I understood it.
JANET RICARD: May I --
THE COURT: Yes, ma'am.
JANET RICARD: -- say something to that? That was just to say that people wanted to do something to honor these children. And in the school district, we are not allowed just to take in funds at our school. It had to go through the foundation. That's what I was implying.
THE COURT: Okay. So you --
JANET RICARD: So the funds were coming in --
THE COURT: So you were worried about your fund raising or not, he's worried about how it's described. So, okay.
ROBERT MADSEN: Your Honor understands --
THE COURT: I think she describes it as the school, regardless of where the monies came from and don't worry about where the money came from. The school paid a tribute by doing a mural. The mural depicted thus and such. I think that's appropriate. I think that's allowed. I agree with the fund raising. But she was trying not to, as a School Administrator, project any ideas that their school raised money for a particular purpose for donations and violated some kind of nonprofit versus public school.
ROBERT MADSEN: And I understand that, but I don't know if that needs to be explained here --
THE COURT: I don't think it does either, but she was doing that because she's an Administrator, not because she's doing anything else.
ROBERT MADSEN: She was also asked questions about it.
THE COURT: No, I don't think Ms. Mayes asked her where did the money come from, she volunteered --
JANET RICARD: I volunteered that.
THE COURT: I don't need your comment. School Administrators have particular qualities and they're always looking for money to do things and to do more things and the leader in me has to be funded. I have personal knowledge of that. If we can just leave out where the money is coming from, from the sources, I think the project is perfectly acceptable and appropriate. The fund raising, I agree with you.
ROBERT MADSEN: If you would just note our objection.
THE COURT: Yes, sir.
SUZANNE MAYES: Mr. Madsen, if you want to take a look at these additional items so that we can go ahead and offer them at this time and maybe save some time. 338, the mural photos, and 224.
THE COURT: We'll stand at ease for about five minutes. Joy and I are taking a break.
(WHEREUPON, a short break was taken.)
THE COURT: All right. We ready?
SUZANNE MAYES: We are, Your Honor. Right before the break, the State had the witness identify 224, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, and 236. And we offer those into evidence at this time.
COURT REPORTER: Suzanne, I hate to tell you this, but I need you to read those numbers again.
SUZANNE MAYES: Okay.
THE COURT: Can we do that in front of the jury?
SUZANNE MAYES: We can, Your Honor. I just wanted the record to be clear that she has identified these and we're offering them, and 338.
ROBERT MADSEN: Judge, the only ones that we had the objection to would be the ones of the murals. There's some other ones in there that were schoolwork or -- I think it's kind of schoolwork that we don't have an objection to.
THE COURT: I didn't hear those numbers read in the record. Apparently -- let me get them down again.
SUZANNE MAYES: 224, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235 and 236. And then in addition, we have 338.
THE COURT: Which one is the ones y'all are objecting to, the murals?
SUZANNE MAYES: Yes sir, Your Honor --
ROBERT MADSEN: 226 to 236, right?
SUZANNE MAYES: Uh-huh.
ROBERT MADSEN: 226 to 236, which are the murals.
THE COURT: 233 is not in there?
COURT REPORTER: Yes, it is. Yes, sir.
THE COURT: It is in there.
COURT REPORTER: The one I don't have that's not in that you didn't read before was 250. That's the only one.
THE COURT: I also have 250 was not read or mentioned. I noticed 250's omission. Mr. Madsen, 226 through 236, inclusive, you object to -- the Court will allow in over your objection because of the relevance of these children in that school, but no mention of any fundraising activity outside of school. So the age of the children that's representative of that impact. (Whereupon, State's Exhibit 224 through 236, 338 were admitted into evidence.)
ROBERT MADSEN: Well, I think any talk about the community in general is outside that scope.
THE COURT: All right. You ready, Ms. Mayes?
SUZANNE MAYES: Yes sir, Your Honor.
THE COURT: Bring the jury, please. (Whereupon, the jury came into open court at approximately 2:25 p.m.)
THE COURT: Ms. Mayes, you may continue.
SUZANNE MAYES: Yes, sir, Your Honor. CONTINUE DIRECT EXAMINATION
BY MS. MAYES: