5.Weekend Jury Admonitions and Security-Log Ruling
32 linesTHE COURT: All right. And counsel, could I see you?
THE COURT: The jury, I told you we might break a little bit early today, and finally again, I was right. And so we're gonna recess on this matter for you at this point. So I'm gonna excuse you Monday morning. All right? So you don't have to come in here tomorrow. So I'm gonna suggest that you take these next couple of days, kinda rest up. I know it's been a long couple of weeks for you. I appreciate all the work that you've done. I'm gonna really remind you of those instructions, 'cause now we've got kind of a longer stretch that you're gonna be at home, you're gonna be talking to people. So I just wanna remind you, do not talk about this case with anyone. Don't do any research about this case or similar cases. If you have any questions, don't do any research. Don't try and educate yourself on any of the issues or facts that you've heard so far in this case. Don't make any little road trips to go by any places or try and fill in any gaps.
The other thing I wanna remind you, you have to still keep an open mind, all right? It was probably easy, easy to kinda nod and say yes when I said that at the very beginning of the case. But now you've heard a lot evidence, but you haven't heard all the evidence. All right? You haven't heard the closing arguments of the attorneys. You haven't heard the law that you will apply. So it's... I'm just reminding you, you have to do that. It's so important. And so I just kinda wanted to remind you on that. I wanna thank you so much for so far all the work that you've done and all the work that you're gonna do. And so I hope you have a very nice weekend, and we will see you on Monday. Just in case you're wondering, we're still well on track. And so, but we'll see you on Monday. We'll continue with the trial at that point. And again, have a nice weekend. All right? Thank you.
BAILIFF: The court, all rise.
BAILIFF: Jurors have exited the courtroom.
THE COURT: All right. May I see counsel again over at the sidebar?
THE COURT: We're gonna address the Commonwealth's motion regarding trial court security logs.
MS. BUCKINGHAM: Thank you.
THE COURT: Counsel.
MS. BUCKINGHAM: Your Honor, the Commonwealth is asking the court to allow the Commonwealth and the defense to have copies of a log that we were advised that, or we've seen, that the trial court security has for people who go back into the lockup area to visit with or tend to, or what have you, with the defendant during the course of this trial. Both myself and ADA Sprague have witnessed at several points, obviously we know there are medical staff that go back with the defendant. But in addition to medical staff, which are not really the primary thrust of this motion, it's that there have been other individuals that are not counsel that are permitted to go back there, and we're not alleging that that's inappropriate in any way, shape, or form. Clearly the staff here, the security staff, has followed all appropriate protocols, but we are aware that Dr. Zeizel has been back there.
We witnessed a priest being allowed back there the other day, and we are advised that these visitors are kept as a log, when they come, when they exit, what days, what times. And the Commonwealth is alleging that that's information that might be necessary for us to effectively cross-examine some of the defense witnesses that are gonna be presented. Certainly with Dr. Zeizel, it could pose as a potential bias that he's there, that he's back there. He's being presented as an expert witness on the concept of criminal responsibility, and there are certain ethical rules that forensic psychiatrists and psychologists follow that he might be subject to cross-examination about, and this, and the nature of his relationship with the defendant could be an area fraught for cross-examination. Because the court records are not—these court records I would suggest are not in the care, custody, and control of the Commonwealth—procedurally we have filed the motion as a Rule 17 motion asking for access to the records just for this defendant during the course of the trial.
THE COURT: I mean, you're not looking for the name of the priest who went back there, are you?
THE COURT: What, I mean, I understa- I'm just trying to figure out what the scope of this is. I understand the request for Dr. Zeizel's amount of visits, 'cause he's slated to possibly be a witness. So I understand that, well, how that might be relevant.
MS. BUCKINGHAM: Right.
THE COURT: The priest I'm struggling with.
MS. BUCKINGHAM: At this point, Your Honor, we haven't been furnished with exactly who defense is going to be calling as witnesses in their case. We have an idea from a witness list that was filed. That keeps evolving as the trial progresses. So we don't know, for instance, if that person, for some reason, has a relationship to the defendant and he wishes to call her for some, or call him for some reason. So, with the exception of, again, the nurses, we don't necessarily need their information. We know the purpose for why they're there, and that they're n- they don't have a role in this case, but anyone else who has been permitted back there that is outside the medical staff, I would suggest the Commonwealth is entitled to at least know, and whether we are able to use that information if it becomes more apparent when the defense has, was underway with their case, that would come to, that we'd have to wait and see if that's the case. But certainly, the fact that counsel has announced Dr. Zeizel as a testifying witness, that's information we believe we're entitled to.
THE COURT: All right. Mr. Reddington?
MR. REDDINGTON: So first of all, here's the list. They want the list. We don't need a Rule 17 and a court order. They can just go over from there to there and get the list and see who's been going in and out to see Lindsay. I don't have a problem with that, by no means whatsoever.
MR. REDDINGTON: Father Bob is a Roman Catholic priest who baptized these kids, who is very, very close to Lindsay. Not in a religious sense, they just like each other. She went to Mass sporadically. She's not a devout Catholic. She's a Catholic. She has a relationship with the fath-
MR. REDDINGTON: I haven't even talked to the guy since last week, first time I ever met him. Shook his hand. Nice, nice man. After that debacle yesterday that we went through with the public floor-
THE COURT: Well, let's, let's, let's stay focused on, on-
MR. REDDINGTON: I am staying focused.
THE COURT: Well-
MR. REDDINGTON: This is what I'm dealing with.
THE COURT: I don't, I guess, I'll tell you right now, so I can save you. I'm not ordering the name or address of anyone other than Dr. Zeizel.
MR. REDDINGTON: Can I call him as a witness right now?
THE COURT: Well-
MR. REDDINGTON: Tell you what his involvement is with going back-
THE COURT: No, no. W—I'm gonna allow that so the Commonwealth can take a look at that rec—nobody else, though. And then at some point as we—if that—if the doctor is called, we may need a—if we have to, address that, we can address it. So I'm gonna allow the Commonwealth to have the information regarding Dr. Zeizel, and that's it, though. Anyone else who went back there has been done—has been admitted pursuant to the appropriate rules of the security department throughout the—in this case. Especially I'm not ordering the name, address, or frequency of this Roman Catholic priest. I'm just not gonna do it, at—based on the record that I have now. If for some reason he's called as a witness, which I haven't seen that, I haven't seen any expectation even regards that, if that comes up, then the Commonwealth can renew this and I may reevaluate. But right now, the Commonwealth's motion regarding security logs is allowed as to Dr. Paul Zeizel only. All right? Anything else we need to address before Monday? Commonwealth?
MS. BUCKINGHAM: No, Your Honor.
THE COURT: All right. Mr. Reddington?
MR. REDDINGTON: No, thank you.
THE COURT: All right. So we'll see everybody on Monday. Thank you.
BAILIFF: Court, all rise.