Jury Note and Audio Exhibit Playback
54 linesSAN JOSE, CALIFORNIA DECEMBER 23, 2021 P R O C E E D I N G S
(COURT CONVENED AT 12:30 P.M.)
(JURY OUT AT 12:30 P.M.)
JUDGE DAVILA: WE'RE ON THE RECORD. WE'RE OUTSIDE OF THE PRESENCE OF THE JURY. ALL COUNSEL AND MS. HOLMES IS PRESENT. WE HAVE NOTE NUMBER 2 FROM THE JURY. AND MS. HOLMES HAS PROVIDED THAT -- EXCUSE ME, MS. KRATZMANN HAS PROVIDED THAT TO EACH SIDE. I'LL READ THE NOTE. IT'S DATED 12-23, 11:39. IT'S NOTE NUMBER 2. IT READS: "WE WOULD LIKE TO LISTEN TO EXHIBITS 1348 (CLIPS 1-7, AND F) AND 1349 (CLIP 1 AND A)." AS COUNSEL RECALL, I INFORMED THE JURY THAT IF THEY WISHED TO HEAR OR SEE ANY OF THE AUDIO VISUAL EXHIBITS, WE WOULD DO THAT IN THE COURTROOM. I UNDERSTAND THAT YOU HAVE LAPTOPS HERE THAT WILL BE ABLE TO CALL THESE UP. I BELIEVE THESE ARE AUDIO CLIPS IF I'M NOT MISTAKEN. SO WHAT I WOULD LIKE TO DO IS WE WILL INFORM THE JURY THAT WE WILL PLAY THESE CLIPS IN THE COURTROOM, AND WE WILL INVITE THEM IN ONCE ALL OF THE I.T., OR WHATEVER, IS SET UP TO DO THAT. IN THE INTERIM, WHAT I WOULD LIKE COUNSEL TO DO IS TO REACH AGREEMENT AS TO THE PORTIONS THAT YOU THINK SHOULD BE PLAYED BASED ON THIS QUESTION, AND WHICH OF YOUR LAPTOPS IS GOING TO PLAY IT, AND TEST RUN IT SO WE DON'T HAVE ANY HICCUPS. AND I'LL STEP OFF THE BENCH NOW TO ALLOW YOU TO WORK THAT OUT. BEFORE I DO THAT, LET ME ASK A QUESTION TO EITHER SIDE. DOES THE GOVERNMENT HAVE ANY COMMENT ON THIS?
MR. SCHENK: NO. THANK YOU, YOUR HONOR.
MR. DOWNEY: NO, YOUR HONOR.
JUDGE DAVILA: ALL RIGHT. THANK YOU THEN. I'LL STEP DOWN. WHAT I WILL DO IS WE'LL ANSWER THE NOTE SAYING, "WE WILL PLAY THESE CLIPS IN THE COURTROOM, AND WE WILL SUMMON THE JURY INTO THE COURTROOM WHEN THEY'RE READY TO BE PLAYED, WHEN THE CLIPS ARE READY TO BE PLAYED." PARDON ME. IS THAT SUFFICIENT?
MR. SCHENK: YES, YOUR HONOR.
MR. DOWNEY: YES, YOUR HONOR.
JUDGE DAVILA: MS. KRATZMANN, IF YOU COULD PROVIDE A COPY TO EACH SIDE.
COURT CLERK: YES, YOUR HONOR.
JUDGE DAVILA: THANK YOU.
(PAUSE IN PROCEEDINGS.)
COURT CLERK: (HANDING.)
JUDGE DAVILA: GREAT. THANK YOU. DO YOU EACH HAVE A COPY OF WHAT MS. KRATZMANN TYPED? IS THIS AN APPROPRIATE ANSWER?
MR. SCHENK: YES, YOUR HONOR.
MR. DOWNEY: YES, YOUR HONOR.
JUDGE DAVILA: ALL RIGHT. THANK YOU. I'LL SIGN THIS. MS. KRATZMANN, IF YOU CAN GIVE THAT TO THE JURY. SHOULD I STEP DOWN NOW AND ALLOW YOU TO WORK OUT THE LOGISTICS OF THIS?
MR. SCHENK: THAT WOULD BE FINE. THANK YOU.
JUDGE DAVILA: ALL RIGHT. AND JUST SING OUT WHEN YOU'RE READY TO GO, AND WE'LL COME OUT, WE'LL BRING THE JURY OUT, AND WE'LL PLAY THOSE CLIPS.
MR. DOWNEY: THANK YOU.
JUDGE DAVILA: ALL RIGHT. THANK YOU.
COURT CLERK: COURT IS IN RECESS.
(RECESS FROM 12:34 P.M. UNTIL 12:46 P.M.)
JUDGE DAVILA: THANK YOU. WE'RE BACK ON THE RECORD. ALL PARTIES PREVIOUSLY PRESENT ARE PRESENT ONCE AGAIN. WE'RE OUTSIDE OF THE PRESENCE OF THE JURY. HAVE COUNSEL HAD AN OPPORTUNITY TO REVIEW THE REQUESTED CLIPS, AND HAVE YOU SET THOSE UP SOMEHOW SO THEY CAN BE PLAYED?
MR. SCHENK: YES, YOUR HONOR.
MR. DOWNEY: WE HAVE, YOUR HONOR.
JUDGE DAVILA: AND BY THAT I MEAN YOU HAVE AGREEMENT ON WHAT IS GOING TO BE PLAYED AND WHICH SIDE IS GOING TO DO THIS?
MR. DOWNEY: YES. THE GOVERNMENT IS GOING TO DO IT, YOUR HONOR, AND WE'LL PLAY THE CLIPS SEQUENTIALLY AS ASKED FOR.
JUDGE DAVILA: OKAY. TERRIFIC. IF THERE'S NOTHING ELSE, WE'LL SUMMON THE JURY IN THEN.
(JURY IN AT 12:48 P.M.)
JUDGE DAVILA: ALL RIGHT. THANK YOU. PLEASE BE SEATED. WE ARE ON THE RECORD IN THE HOLMES MATTER. ALL COUNSEL ARE PRESENT. MS. HOLMES IS PRESENT. OUR JURY IS NOW PRESENT. THANK YOU, LADIES AND GENTLEMEN. I RECEIVED A NOTE FROM THE JURY, WHICH I HAVE SHARED WITH COUNSEL. THE NOTE I'LL READ AT THIS TIME IS, "WE WOULD LIKE TO LISTEN TO EXHIBITS 1348 (CLIPS 1-7, AND F) AND 1349 (CLIP 1 AND A)." I RECEIVED THAT. I HAVE TALKED TO COUNSEL ABOUT THIS, LADIES AND GENTLEMEN OF THE JURY, AND I BELIEVE COUNSEL HAVE AGREED ON THE PLAYING OF THIS, OF THIS CLIP. AND PER THE NOTE OF THE JURY, I'LL ASK THAT WE BEGIN WITH EXHIBIT 1348, AND WE'LL PLAY CLIPS 1-7 AND F. CAN YOU DO THAT, MR. SCHENK?
MR. SCHENK: YES, YOUR HONOR.
JUDGE DAVILA: THANK YOU.
(AN AUDIO TAPED PLAYED IN OPEN COURT OFF THE RECORD.)
JUDGE DAVILA: DOES THAT CONCLUDE 1348, 1-7 AND F?
MR. SCHENK: NO, YOUR HONOR. THAT WAS 1348-1.
JUDGE DAVILA: ALL RIGHT. THANK YOU.
(AN AUDIOTAPE PLAYED IN OPEN COURT OFF THE RECORD.)
JUDGE DAVILA: MR. SCHENK, DOES THAT CONCLUDE 1348?
MR. SCHENK: YES, YOUR HONOR.
JUDGE DAVILA: CLIPS 1 THROUGH 7 AND F?
MR. SCHENK: YES.
JUDGE DAVILA: ALL RIGHT. THANK YOU. AND NOW, IF YOU WOULD, WE WILL PLAY 1349, CLIP 1 AND A.
(AN AUDIOTAPE PLAYED IN OPEN COURT OFF THE RECORD.)
JUDGE DAVILA: DOES THAT CONCLUDE 1349, CLIP 1 AND A?
MR. SCHENK: YES, YOUR HONOR.
JUDGE DAVILA: ALL RIGHT. THANK YOU. DOES THAT -- PAYING THOSE TWO CLIPS PER THE NOTE, DOES THAT SATISFY THE QUESTION OF THE JURY THAT WAS PRESENTED? ANY HANDS UP THAT SAY THAT IT DOESN'T? I SEE NO HANDS. THEN I'LL ASK THE JURY TO RETURN AND TO THEIR DELIBERATIONS. THANK YOU VERY MUCH.
(JURY OUT AT 1:29 P.M.)
JUDGE DAVILA: PLEASE BE SEATED. THANK YOU. THE RECORD SHOULD REFLECT THAT THE JURY HAS LEFT THE COURTROOM TO CONTINUE DELIBERATIONS. ALL COUNSEL AND MS. HOLMES ARE STILL PRESENT. ANYTHING FURTHER, MR. SCHENK?
MR. SCHENK: NO.
MR. DOWNEY: NO, YOUR HONOR.
JUDGE DAVILA: ALL RIGHT. THANK YOU. WE'LL BE IN RECESS UNTIL WE HEAR ANYTHING FURTHER. THANK YOU.
COURT CLERK: COURT IS IN RECESS. (RECESS TAKEN PENDING THE DELIBERATIONS OF THE JURY AT 1:29 P.M.)