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Court Transcript 5 31 2005
Court Transcript 5 31 2005
8 CALIFORNIA, )
9 Plaintiff, )
12 Defendant. )
13
14
15
16
18
20
21 9:15 A.M.
22
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26
11
12
16 (NOT PRESENT)
18 -and-
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28 12486
1 Santa Maria, California
3 9:15 a.m.
7 jury:)
17 same ones?
25 submitted.
9 Bashir tape.
13 instructions.
24 the new one from the D.A., you don�t request that;
25 is that correct?
10 requested that.
19 what it is.
24 to 1.02.
27 that right?
2 excuse me.
9 Mr. Sanger?
14 1.03.
17 in Spanish.
2 again.
8 Honor.
19 Mr. Sneddon?
21 MR. SANGER: Um --
14 no lessers.
26 to do that?
15 Franklin?
11 one he said. C or --
12 THE COURT: C.
24 that lesser.
22 minutes?
27 would be necessary.
10 child.
12 on for that?
19 Okay. Yes.
19 Thank you.
10 1.06.
21 you want.
10 indictment.
27 the trial.
3 quickly?
17 case.
23 to them.
28 anyplace. 12501
1 THE COURT: That�s my intent here.
3 1.12.
5 both sides.
11 (Recess taken.)
12 --o0o--
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28 12502
1 REPORTER�S CERTIFICATE
5 OF CALIFORNIA, )
6 Plaintiff, )
9 Defendant. )
10
11
14 certify:
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28 12503
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 CALIFORNIA, )
9 Plaintiff, )
12 Defendant. )
13
14
15
16
18
20
21 9:15 A.M.
22
24
25
26
11
12
18 -and-
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28 12505
1 MR. SANGER: I guess we�re ready to begin,
11 given.
14 it.
16 And 1.22.
26 would be a repetition.
3 it.
11 case.
23 don�t you?
20 then.
14 Counsel?
2 I think that�s --
22 relying on?
27 said it�s not sexual, it�s not sexual, and then went
5 consciousness of guilt.
18 pending.
28 mind. 12511
1 THE COURT: All right. I�ll reject that, as
7 Honor, 2.04.
9 2.05.
25 Your Honor.
7 special --
25 alert them.
7 discussion, but --
17 at the whole --
4 explain it to you.
6 outside.
16 object to it.
23 do we?
9 in.
26 period.
2 misdemeanor.
12 truthfulness.
6 immunity.�
13 give that.
17 evidence of that.
27 it?
3 Rudy Provencio.
6 evidence.
11 troubled elsewhere.
14 instruction as well.
16 at hand, please.
22 submit it.
5 to it if you want.
17 break at that.
24 conduct�?
26 request.
8 decision.
23 throughout, I think.
26 Mr. Franklin?
3 lead counsel.
12 witnesses.�
17 �the� alone.
20 that?
10 is that correct?
15 2.23.1?
19 out.
7 introduced?
12 sides, 2.24.
24 acknowledged.
27 specials.
4 those.
14 I�m sorry.
19 wants it.
21 the --
3 2.29 now?
5 one.
10 this point.
15 trial.
17 wanted me to rule.
25 well.
4 crimes.�
11 on line 5.
21 word �she.�
4 ready.
19 evidence.
25 of evidence.
4 conspiracy.
6 Honor, please?
13 be expanded on in 1108.
7 got it right.
26 should go out.
19 type of a crime.
26 draw inferences.
5 instruction.
12 �certain.�
2 charged.�
14 1101?
26 help, right?
18 Okay. 2.50.01.
6 following� is one --
25 sentence running.
13 your change there and take out the words �any of the
23 THE COURT: 2.
4 give that.
14 �Admission defined.�
3 refuse it.
4 Then 2.71.7.
13 admissions.
4 boys.
16 conduct.
22 to do that.�
16 having occurred.
20 you�re saying?
3 instruction.
24 count.
2 prosecution and --
9 what?
12 the foundation and got the tape in, and they got --
20 approved.
7 with children.
14 statements --
2 (Recess taken.)
12 do we?
14 instruction.
16 give that.
18 that.
19 2.81 --
23 version?
4 such testimony.
18 and agent.
21 being given.
26 an accomplice.
28 prosecution has withdrawn 3.11 and .12, but not .10. 12548
1 MR. SNEDDON: There was some method in our
23 criminal liability.
4 one at a time.
6 to object to that?
15 accomplices.
17 intent.�
21 that.
27 that.
28 confusion on -- 12551
1 MR. FRANKLIN: Can I have just a moment to
3 Bob?
5 table.)
7 page.
8 individual.
20 3.31.5?
2 has to be given, so --
24 crime.
15 conspiracy?
19 imprisonment.
21 thinking --
7 know, the law is, you have to not only have the
15 dah-dah-dah-dah-dah.
26 Okay?
18 the act.
26 not confusing.
3 misleading.
8 two crimes.
16 the --
21 this point.
9 can....
13 ahead.
18 that?
28 elsewhere.� 12559
1 MR. SNEDDON: Judge, I believe that this
10 that.
17 others, but --
11 indicated.
13 way.
23 time of crime.�
26 we would also.
7 a special.
11 the D.A.
13 28th.
15 something to say.
18 28th of February.
20 here.
7 be dealt with.
12 �Attempt.�
24 same?
8 on the substance.
19 theory.
4 isolate is not --
6 Counsel.
9 crimes.
11 6.12.
17 give that.
20 6.22, �Conspiracy� --
23 as to each defendant.�
25 requirements of Blakely.
6 to do with Blakely.
12 defendant.
16 6.23 --
25 �false imprison.�
3 erratic computer.
4 6.23.
10 Mr. Sanger?
5 co-conspirators.
18 the same.
21 this paper.
19 them, so --
22 the --
9 lower case.
17 that.
26 acceptable.
6 imprisonment.�
16 I believe.
4 something. Is it not?
13 commit.�
18 occurred to me?
3 pretty clear.
5 indictment.
28 sufficient. 12575
1 THE COURT: Well, let�s see. A misdemeanor
5 okay.
11 9.72?
19 that?
28 met. 12576
1 THE COURT: Okay. I�ll give that.
9 reason?
13 Honor?
16 our case.
20 10 --
24 both of these.
26 object to that.
7 applies.
19 talking about.
8 here --
22 value.�
6 possible addition.
10 14.70.
17 sentence.
19 as best I can.
24 guess.
28 appropriate. 12580
1 THE COURT: Is it okay?
4 14.74.
8 could, please.
10 person�?
19 16.135?
22 17.02.
27 originally, but --
4 given, right.
6 given, right?
12 withdrawn.
17 lesser.
2 7 through 10.�
12 now?
16 do that.
24 sexual conduct.
2 that.
7 17.32 --
10 more vociferous.
10 giving.
16 new --
24 giving.
27 am not --
2 17.40 --
14 of action.
4 17.49.
13 back in there.
17 is complete.
27 larger.
15 give, 17.53.
17 17.50?
3 deliberation room.
12 but --
18 the case under 0.50. But if the court staff and the
23 Leslie?
25 phones.
7 Honor?
10 of another one.
14 they?
17 offense.
2 section is that?
16 it.
10 talking about?
18 to it.
17 on Mr. Jackson.�
4 like that.
25 on him?
17 argued.
20 retype this?
24 language is now.
2 instruction, correct?
6 was --
10 instruction.
17 that?
12 misleading instruction.
21 facts.
8 somehow.
4 then we�ll come back and deal with the -- and maybe
10 (Recess taken.)
26 needs to be done.
24 minute.
28 when do I have the jury come back in? And I could 12602
1 have them come in at noon, at our normal noon
6 o�clock or so.
15 I�m sorry.
14 outtakes, we could --
17 anybody.
20 or not is up to them.
25 admissions.
5 to have them.
7 --o0o--
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28 12607
1 REPORTER�S CERTIFICATE
5 CALIFORNIA, )
6 Plaintiff, )
9 Defendant. )
10
11
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26