I think the lawyer is now being subpoenaed because LK and RG arguably waived privilege by talking about some of the contents / subject matter of the phone call. Perhaps they will also ask about the recording devices call. And we also have a question now of who had the phone when the shooting happened and where they were (inside or outside) based on the conflicting testimony of the victims, and the attorney may be able to help clarify that without much discussion of the phone conversation itself.
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Did Heymer testify to that? I didn’t hear it.
I want to review the portion of her testimony regarding the incident prior to the shooting, again in the driveway at the farmhouse, iirc, where she basically freaked out on him, sending him scrambling to get back into his truck, before she slammed the door shut on him preventing his retreat. I wonder if that was caught in Blink?
These two witnesses have so muddled their narratives, my mental timeline for what occurred has gone from a line, to a massive jumbled, knotted mess.
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I dont remember it being brought up at all this week but I didn’t get to watch all of the testimony so far.
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It was in the Miranda hearings. Defense hasn’t put their case on.
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The defense could have brought it up on cross examination.
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No, they are limited on cross to the subjects testified to in the direct.
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I think we have all learned quite a bit about legal stuff here and one of those things is that the defense is very limited on what they can and can not bring up on cross.
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So, the jurors can’t take notes, and someone mentioned transcripts would not be available to them? That doesn’t make sense. You hear often of jurors requesting transcripts while deliberating to clarify items and testimony
Or am I confusing semantics? This testimony, especially of LK and RG, is all over the place. It will be interesting to see how much different (or the same) everyone is Monday after a weekend of sharing and coaching, because of course, no one believes they won’t/aren’t chattering about this.
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Thank you
Ketamine in particular can alter your perception of time and space; it would be concerning to me that anyone would expect a subject under the influence of ketamine to be aware of their legal right to remain silent.
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Trial transcripts are a thorny area. The prevailing legal theory is that the transcript is not in itself evidence.
“The reading of certain witnesses’ testimony, after the jury retires, places emphasis on it, which might well result in the jury’s failure to consider the evidence as a whole. This is particularly true when the defendant’s evidence is diametrically opposed to that of the prosecution, or vice versa. Perhaps if any evidence is read, all should be read. Any trial could thus be almost endless.”
United States v. De Palma , 414 F.2d 394, 396 (9th Cir. 1969).
The collective memories of the jury supercede the transcript.
Also, because transcripts take time to produce and be proofread, and that comes at an expense, it is not always practical to have a transcript available in the time a jury is deliberating. Testimony can be “read back” if requested and the judge permits it.
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How is testimony read back if there is no transcript?
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Is MB eligible for bail after serving 2 years? Wouldn’t August 7, 2021 have been the 2 years mark?
If eligible, seems odd he would stay. Maybe he is fearful of being released because he still feels endangered. Maybe he wants to build up his time served but seems odd.
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The entire proceeding has been recorded. It will be transcribed if so needed.
“Read back” can literally mean “played back on tape.” The phrase comes from the days where the record was only from the stenographer.
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My guess is that he is afraid of LK and her clan of misfits coming after him further and though it is incomprehensible to most of us, he feels safer in jail than he does anywhere they have access to him.
Edit to add: Thank you for clarifying that @soloudinhere. That makes it much clearer.
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Agree. I think only certain categories of paramedics are allowed to carry and administer health duty narcotics like fentanyl. I can’t imagine police officers have the training or permission to do so. He may have been able to give some kind of painkiller but I’d be surprised if it were fentanyl. Or maybe things are really different in NJ.
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This part of your post made me laugh. This case has proven that lots of things are very different in NJ.
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Some states allow it and some do not - the overall EMS protocol does define use cases for intranasal, IM, and IV fentanyl. The context is prehospital setting, though, giving it to someone and releasing them on the scene or to be taken to jail would be a very unusual occurrence.
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